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Restrooms, City Hall, 1st Floor, D'G~~E ~ck~ MEMORANDUM March 14,2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City Hall First Floor Restrooms - Architectural RFP Building Services Manager Rich Russell recommends City Council approval of a contract in the amount of $4,320 with Anderson Design & Consulting, Inc. for architectural services for the City Hall First Floor Restrooms Project. I concur with the recommendation and respectfully request Mayor and City Council approval. (lZL-A ~:v1,L Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Rich Russell, Building Services Manager j .' Th:;~~E ~<k~ Memorandum March 10, 2006 TO: Michael Van Milligen, City Manager FROM: Rich Russell, Building Services Manager rl/v" RE: City Hall First Floor Restrooms-Architectural RFP The City Hall First Floor Restrooms Project is in the CIP for the FYE2006 Budget. An informal RFP was sent to all local architectural firms. The informal RFP was used because the cost of the architectural services would be below the $10,000 limit in AP 3.17. Anderson Design & Consulting was the lone respondent. Their firm designed the new restrooms on the 3rd floor of City Hall. Please sign the attached contract with Anderson Design & Consulting, Inc. City Attorney Barry Lindahl has reviewed the contract and his comments have been addressed. Once the plans have been developed for bidding purposes, this project will go to the City Council for their review and approval. .. THE AMERICAN INSTITUTE o F ARCHITECTS " 1Z-e; IStSt> AlA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODiFICATION. AGREEMENT made as of the twenty third Two Thousand and Six. clay of .January in the year of BETWEEN the Owner: (Name and address) City of Dubuque City Hall Dubuque, IA 52001 and the Architect: (Name and address) Anderson Design & Consulting, Inc. 1233 Rhomberg Avenue, POBox 735 Dubuque, IA 52004-0735 For the following Project: (Include detailed description of Project, location, address and scope.) The project will include preparation of plans and specifications for the remodel of restrooms including demolition/removal of existing fixtures and fmishes, replacement of all fi:dures, new floor, wall and ceiling finishes, new metal dividers, new light fixtures and exhaust fans and appropriate heating and cooling. Includes delivery of plans and specifications to Tri-State Blueprint in a format that allows for production of sets for distribution to bidders, review of bids received, responses to Requests for Information and review of Change Orders and Pay Requests. The project is located at City Hall, Dubuque, IA. ADCI Proj. #25106 The Owner and Architect agree as set fonh below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 19M, 1966, 1967,1970,1974,1977, @1987 by The American Institute of Architects, 1735 New York Avenue, N.W., W;l.5hington, D.C. 20006. Reproduction of [he m~ueria1 herein or subst:mti:ll quotation of its provisions without wrim:n permission of the AlA violates the: copyright laws of the Un.ited States and will be subject to legal prosecution. AlA DOCUMENT 6141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTI-i EDITION. AlAIiI . @1987 THE AMER1C,A.}lINSTlTUTE OF ARCHITECTS, lH5 ~EW YORK AVENUE, N.W., wASHINGTON, D.C. 20006 6141-1987 1 . TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those servicl:s per- formed by the Architect, Architect's employees and Architect's cansultClJ1ts as enumerated in Articles 2 and 3 of this Agreemenr and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent ~'ith professional sk.ilI and care and the orderly progress of the Work. Upon request'pf the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's 5ervic~s which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review 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. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as pan of Basic ~ervices, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner, 2.2.2 The Architect shall provide a preliminary evaluation of the Cwner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita. tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the ProjecL 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- mmts consisting of drawings and other documents illustrating the scale wd relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction COSt based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any <ldjustmems authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and Other documents to fix and describe the size and character of the Project as to architectural, StrllC- wral, mechanical and electrical systems, materials and such Other elements as may be appropri:ne. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms. the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The' Architect shall advise the Owner of any adjusul1ems to previous preliminary estimates of Construction Cost indi- cated by changes in' requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility. for Hling documents required for the approval of governmental authorities having jurisdiclion over the Project. 2.5 BIDDING OR NEGOTIATION PHASE. 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the la.test preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the eor.rlier of the issuance to the Owner of the final Certifica.te for Payment or 60 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10.3.3. 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AlA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall nOt be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall nm be unreason;J.bly withheld. AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMEt\'T . FOURTEENTH EDITION. AIAw . @1987 THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NE\'>! YORK AVENUE, !\:.W., WASH1NGTON. D,C. 20006 B141-1987 :2 . 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final pa)mem to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction, The Architect shall have authority to act on behalf of the: Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the O","oer and Architect in writing to become generally familiar ",-ith the progress and quality of the Work completed and to detennine in general if the Work is being performed in a man. ner indicating that the Work when completed will be in aeeor- cbnce with the Contract Documents, However, the Architect shall nOt be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an :architect, the Archi.tect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to gu:ard the Owner against deJects and - deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as described In ParagraPh 3.2.) 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, rechniques, sequences or procedures, or for safety precautions :illd programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contr-act Documents, The Architect shall not have control over or charge of acts or omissions of the Contrac. tor, Subcontractors, or their agents or employees, or of any other persons performing portions. of the Work. 2.6.7 The Architect shall at all times have access to the Work v.herever It is in preparation or progress. 2.6.8 Except as may othe,rwise be provided in the Contract Documents or when direct communications have been spe- ctilly 41uthorizedl the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the :unounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- tute 2 representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the CO':"1tractor's Application for Pay- ment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, informacion and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an enluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract DocumentS correctable prior to completion and to spe- dfic qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a represenration that the Contractor is entitled to payment in the amount certi. fied. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continuous on-site inspections to check the quality or qU2I1tity of the Work, (2) reviewed construction means, meth- ods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup. pliees and other d2ta requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents, Whenever the Architect considers it necess41ry or advisable for implementa. tion of the intent of the Contract Documents, the Architect will ha\'e authority to require additional inspection or testing of the \\"ork in accordance with the provisions of the Contract Docu- ments, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authority shall give rise to a duty or responsibiliry of the Architect to the Contractor, Subcontractors, material md equipment suppliers, their agents or employees or Other per- sons performing portions of the .Work. 2.6.12 The Architect shall review and approve or take Other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given :illd the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow. ing sufficient time in the Architect's professional judgment to permit adequate review, Review of such submittals is not con- ducted for. the purpose of determining the accuracy and com- pleteness of other details such as dimensions and qumtities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contracwr to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction meansl methods, techniques, sequences or procedures. The Architect's approval of a specific item, shall not indicate approval of an assembly of which the item is a component. \Vhen professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such cenification to establish that the materials, systems or equip- ment will meet the performance criteria required by the Con- tract Documents. 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentarion and d2ta if deemed necessary by the Architec[ as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in 41ccordance with the Contract Documents, and may authorize minor changes in the Work nOt involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the ComraG Documents. 2.6.14 The Architect shall conduct inspections to determine [he date or dates of Substantial Completion and the date of final completion, shall receive and forvl2rd to the Owner for the Owner's review and records written warranties and rdated documents required by the Contrac[ Documents and assem- bled by the Contractor, and sh2ll issue a final Certificate for Pay- ment upon compliance with the requirements of the Contr:act Documents. <"} lC-tIl'L"IICR.7 AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDiTiON. AlAOJi s i&l1987 THE AMERICAN ll':STITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 2ooU6 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasoruble promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and n::asonably inferable from the Contract Documents and shall be in ""riling or in lhe form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor-, mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions.on matters relating to aesthe- tic effect shall be finaJ if consistent with the intent expressed in the Contract Docum~nts. \ 2.6.18 The Architect\shall render written decisions within a reasonable time on all Claims, disputes or other mauers in ques- tion between the Owher and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other mauers, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contra.ct Documents, ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Ankle 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 sh:ill only be provided if authorized or confirmed in writing by lhe Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's comrol, the Architect shaJl notify the Owner prior to com~ mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing [hat all or part of such Contingent Addi- tional Services are not required, the Architect shall have no obB. g:;nion to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If mOre extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide onc: or more Project Representati\-es [Q assist in carry. ing out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the AIchitecc shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authoriry of Project Representatives shall be as described in the edition of AlA Document B352 current as of the date of this Agreement, unJess otherwise agreed. 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or proj. ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evalua~ing substi- tutions proposed by the Contractor :and making subsequent revIsions to Drawings, Specifications and other'documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by flre or other cause. during construction, and fur- nishing servIces ,required in connection with the replacement of such Work. -. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, Or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaJuating an extensive number of cl2ims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotia. tion or construction prior to the completion of the Construc- tion Documents Phase, 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. AlA DOCUMENT 8141 0 OWNER.ARCHITECT AGREEMENT 0 FOURTEEI"'TH EDITION. AlAllI . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W.. WASHINGTON. D.C. 20006 B141-1987 4 3.4.4 Providing special surveys, environmental studies and submissions required for approvaJs of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to invesligau: existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction perfom1ed by separate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work ora con- struction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Constru"cdon Case. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costS, 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, invenrories of materi2ls or equip- ment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings show. ing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals. training personnel for operation and maintenance, and consultation during operation. 3.4.1 a Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a fmal Cer- tificate for Payment, more thm 60 days after the dare of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultmts for Other than archi. tectural, structural, mechanical and electrical engineering par. tions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance v'>'ith gener2.11y accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set fonh the Owner's objectives, schedule, constraints and cri- teria, including sp2ce requiremems and relationships, flexi- bility, expandabiHty, special equipment, systems and site requirements. 4.2 The Owner shall eSlablish and update an overall budget for the Project, including the Construction COSt, the Owner's Other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evi. dence that financial 2.rrangements have been made to fuiflll the Ovmer's obligations under this Agreement. 4.4 The O"mer shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the AJchitect in order to avoid unreasonable delay in the orderly and sequential progress of the A..rchitect"1i services. 4.5 The Owner shall furnish surveys describing physic.U characteristics, legal limitations and utility locations for the sile of the Project, and a written legal description of the site. The . su~eys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and comours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and in.formation concerning av:ti.lable utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 The Owner shall furnish the services of geotechnical engi. neers when such services are requested by the Architect, Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- tivity tests, including necessary operations for anticipating sub- soil conditions, with reports cmd appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants when such services 'a~e re2Sonably required by the: scope of the Project and are' requ~ted by the Architect. 4.7 The Owner shall furnish structural, me.chanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnIsh all1egal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing sc:rvices the Owner may require to verify the Contractor's Applications for Payment or to ascertain hov.' or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragr:aphs 4.5 through 4.8 shall be furnished at the O~vner's expense, and the Architect shall be entitled to rely upon the . 2ccuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or ceI1ifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The O,,-'ner shall not request certifica- tions that would require knowledge or services beyond the scope of this Agreement. 5 8141-1987 AlA DOCUMENT 8141 . QwNER-.....RCHITECT AGREEMENT. FOURTEENTH EDlTION 0 AIA(Jt . @1987 THE AMERICA...'" 1l"'STITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. :wo06 , ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated COSt to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost 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 ..o\rchitect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a n:asonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Consuuction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-'9.'ay, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBiliTY FOR CONSTRUCTION COST 5.2.1 Evalm.tions of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, howeyer, that nei- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating cond.itions. Accordingly', the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or ev.aluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agree~ent by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing md signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com~ ponent systems and types of construction are to be included in the Contract Documents, to mak~ reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, sha.ll be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 chys after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shaJJ be adjusted to reflect changes in the general1eve1 of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on v,'hich proposals are sought. 5.2.4 If a fixed limit of Construction COSt (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, [he Owner shall: .1 give written approval of an increase in such fixed limi[; .2 authorize rebidding or renegoriadng of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with P2ragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses [0 proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modit)' the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of [he establishment of a fixed limit. The Architect shall be entitled to compensation in accordance ",'ith this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 . , USE OF, ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are Instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain aU common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro. ducible copies, of the Architect's Drawings, Spec~fIcations and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi~ tect's Drawing3, Specifications or other documents shall not be used by the Owner or others on Other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under thiS Agreement, except by agreement in writing and with appropriate compen~ sation to the Architect, 6.2 Submission or distribution of docurilents to meet official regulatory requirements or for similar purp,Oses in connection with the Project Is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currently in effect unless the panies mutually agree otherwise. 7.2 Demand for arbitration shall be filed in ,",.'fiting with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or ather 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 Statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a parry to this Agreemem, AlA DOCUMENT 6141 . OWNER-ARCHITECT AGREEMENT' FOURTEENTH EDITION' AlA~ . @1987 ~"... . "....",.... Hl HJ<::'TlTlI'Tl'" nl= AR<HITF~TS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1987 " . except by written consent comaining a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity sh2l1 nOt constitute consent to arbitration of any claim, 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 agree. ment to arbitrate and Other agreements to arbitrate with an additional person or entity duly consented to by the parties to thiS Agreement shaJI be specifically enforceable in accord;mce with applicable law in any court having jurisdiction thereof. 7.4 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. \ , , ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either pacty upon not less thorn seven days' written notice:. should the other party fail substantially to perform in accordance with the terms of this Agreement through no Jault of the party initiating the termiruuion. a,2 If the Project is suspended by the Owner for more 'than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi- tably adjusted to provide for expenses incurred in "the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned, If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by'giving written notice. 8.4 Failure of the. Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and. cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' '~vritten notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect ~'ithout further notice. In the event of a suspension of services, the Architect shalJ have no liability to the Owner for delay or damage caused the Owner because of such suspension of services, a.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 then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compens:3tion for Basic Services and Additional Services earned to the time of ter- mination, as [0110,,,'5: ,1 Twentv nerr:ent of the total comoensation for Basic and Additional Services earned to" date if termination occurs before or during the predesign, site analysis, or Schematic Design Phases; or .2 Ten percent of the total compensation for Basic and Additional Services earned to wte if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless Otherwise provided, this Agreement shall be gov. erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AlA Document A201, General ConditIons of the Con- tract for Construction, current as of the date of this Agreement. 9,3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall 'De "deemed to have accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the fmal Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive al..l rights against each other and aga.inst the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document AlOl, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and ageots, 9.5 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, succes- sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement: Neither Owner nor Architect shall assign this Agreement without the written con- scot of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by writren instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 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 expo- sure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall nm include the Owner's confidential or proprietary information if the Owner ha.'i previously advised the Architect in writing of 7 8141-0937 AlA DOCUMENT 8141 0 OWNER-ARCHITECT AGREE.MENT c fOURTEENTH EDITION c MAl!> c @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK ,WENUE, N,W., WASHINGTON, D,C 20006 . the specific information considered by the Owner to be confi. dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 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 con. tributions and benefits related thereto, such as employment taxes and Other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and simUar comripOt,ions and benefits. . 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-tOwn travel; long-dist2!1ce communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer-aided design and drafting equipment time when used in connection .vith the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, \\'here applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subpan.graph 11.5.1 of this Agreement is exceeded or e:X'1ended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or other~vise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negOtiated proposal, or "(2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made momhly upon present2tion of the Architect's statement of services ren. dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation 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 .been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the O~\'ner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITlAL PAYMENT of zero Dollars(S shall be made upon execution of this Agreement and credited to the Owner's account at fl11a1 payment. 11.2 BASIC COMPENSATION 0.00 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (111Ser( basis of compr!1lsa/ion. lllcluding s/ipula/ed SUI/IS, multiples or pc:rcelllages. and id(?1I11!Y phases to w/}ich pa'.licular me/bods of compensatiolJ apply, if lleces$ory.) For the all-inclusive sum of $4320.00. AlA DOCUMENT 8141 0 OWNER.ARCHITECT AGREEMENT 0 FOURTEENTH EDITION. AlAl!l . @1987 THE AMERICAN ly..;STlTUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., \j;'A$H1NGTON. D.C. 20006 B11111-1987 8 11,2.2 Where compensation is based on a slipulated sum or percentage of Cons~ruction COSt, progress p<l)'menlS ror Basic Sc:rvices in each phase shall total the following percentages of the total Basic Compensation pa)'2ble: ({lIserf addf/io1/(ll pbases as appropdale.) TOtal Basic Compensation: N/A percent ( 0 %) percent ( 0 %) percent ( 0 %) percent ( 0 %) percc:m ( 0 %) one hundred percent (100%) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase, N/A N/A N/A N/A N/A 11.3 COMPENSATION FOR ADDITIONAL SERVICES. . , 11.3.1 FOR PROJECT REPRESENTATION BEYOND. BASIC SER\1CES;,as described in P=graph 3;Z,compenS2tion shall be tom. puted :as follows: ' REFERENCE HOURLY RATES SCHEDULE, ATTACHED. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Anicle 12 as pm of Additional ServJces, but e.xcluding ser- yices of consultants, compensation shall be computed as follmvs: (/I,sert baSI'S of compensation, il/cluding rates alld/or multiples of Dired Per'solt/lel E,plmse for Pn'/Icipals alld emploYr!es, alld idtn1tfjy Princip(2ls and drisslJy empIO)'fles, if l"equjred. IdtnlllJy specific serdces /0 u'b(cb p.uliwlar metbods of compensation apply, if necessary'.) REFERENCE HOJRLY RATES SCHEOULE, ATTACHED. ',' 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS,.including additional structural, mechanical and dectrical engineering services an.d those provided underSubpafd.graph'3.4.19 or.idemified in.Article 12 as part of Additional' Services, a multiple of one-pOl nt-one . (1.1) times the amounts bUied to the Architect for such services. OdellIlJ)' specific Iypes of COllsu/lanlS i1l Article 12. fj required,) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPJ;NSES, a:; desctibed in Paragra~h 10.Z, and any other items included in Arr.icle IZ as Reimbursable Expenses, a multiple of one-pol nt-one ( 1.1 ) times the expenses incurred by the Architect, the Architect's employees and consultants in_the imerest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by thiS Agreement have not been completed within twelve ( 12) months of the date hereof, through no fault of the Architect, eX"1eruion of the Architecc's services beyond that time shall be compensated :as provided in Subparagraphs 10.3,3 and 11,3.2. 11.5.2 Payments ate due and payable twenty 20 ) <hys from the <hte of the Architect's invoice. Amounts unpaid thirty ( 30 ) days after the invoice d2te shall bear interest at the rate entered below, or in the absence thereof at the legal rate p'revailing from time IO time at the principal place of business of the .-'\rchitect. (Insert rate of interest agreed upon) One-poi nt-five percent ( 1.5% ) per I1Dnth. Eiahteen oercent ( 18% 1 oer annU1l. (Usury laws (HuJ requiremrmlI under tbe Federal fru//:! (11 Lrnding ..'lei, si'milar slale dild local consumer credit laws a'ld olbr:r regula/10m or /be Ou'nl?TS and Archi. lec/'s pn'ncipal places of business, the loea/ion of rbe Project and elsr!'wberc ma)' affecllbe !laUdil]' of Ibis prol'ision. Specfjic legal adl'ice sbolJ./d be obtained u'irb respecl to df:'leliom or modificaliolls, and also regarding requiremenls suc/:! as lJ,rrilll?Tl disclosures or Wait'fffs.} a R1.d1.1QR7 AlA DOCUMENT 8141 . O\VNER.ARCHlTECT AGREEMENT 0 FOURTEENTH ED1TlON . AlAlIl . @1987 THE AMERiCAN INSTITUTE OF ARCHlTECTS, 1735 f"EW YORK AVE!'\UE, KW., \l;-ASHll"GTON, D,C. 20006 . .. 11.5,3 The: r:m:s and multiples set fonh for Addj[jona,\ Services shall be annually adjusted in accordance with normal salary revie\'; practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (IUSerl descriplioll!. oj other sert'''ces.ldf!711IfJ' Addilicmal Serdces lllcluded u,'ilhin Basic ComprmsQlioll and modlpcaliollS /0 (be paymelll emd compel1Solioll ImllS illeluded In lbi.~ MJrcemem.) Article 9- Miscellaneous Provisions Replace paragraph 9.4 with the following: 9.4 To the fullest extent pennitted by law, the Architect shall indemnify and hold harmless the Owner from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of this Agreement, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Architect, the Architect's subcontractor, or anyone directly or indirectly employed by the Architect or the Architect's subcontractor or anyone for whose acts the Architect or the Architect's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Article 1 Add 1.1.4 The Architect's services shall be performed consistent with the professional skill and care of architects practicing in Dubuque, Iowa. Article 10 Omit Paragraph 10.2.1.5. This Agreement entered into as of the day and year fIrst written above. OWNER City of Dubuque ARCHITECT ANDERSON Design & Consulting, Inc. (Signature) i2;7Y~~- ( IUT ) .j {Printed name and II'tle} . ..ler0L L-. Ande,-stJr? /';-r-s (Printed i'tbme and title) , AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEE!\"TH EDlTlON 0 A.lA<I> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1987 10 . ANDERSON Design & Consulting, Inc. 1233 Rhomberg Avenue, P.O. Box 735 Dubuque, IA 52004-0735 Tel. (563) 582-7271 Fax (563) 582-7243 Email:: jlanderson@qwestnet HOURLY RATES SCHEDULE January 2006 Architectural Designer.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80. OO/hour PrincipaL............................. .................. ......................................... $80.00/hour Structural Engineering ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80. OO/hour Mechanical and Electrical Engineering .................. .............................. ..... $80.00/hour Technical Drafter........................... ......... ............ .............................. $55.00/hour AccountingIBookkeeping... ..................... ......... ... ............ ..... ......... ....... $55.00/hour Clerical............ .................................... ... ........................... ...... ... .... $30.00/hour ACORD~ CERTIFICATE OF LIABILITY INSURANCE PRODUCER SCF, Inc. dba: PO Box 737 'AX O'Connor & Assoo. Insurance DA.TE (MMlDDNYYY) 3 3 2006 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. Dubu Ell INSURED IA 52004-0737 INSURERS AFFORDING COVERAGE INSURER A: Na tionwide Mutual INSURERB:CNA Insurance Com an INSURER c: INSURER 0: INSURER E: NAIC# 237B7 ANDERSON DESIGN AND CONSULTING INC 1233 RHOMBERG AVE DUBU UE COVERAGES IA 52001-2152 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~ ADD'l POLICY NUMBER P8.k~~~~&wE Pg~lfJJ..~6'~N INSAD TYPE OF INSURANCE UMITS ~NERAl lIABILITY EACH OCCURRENCE , 1,000,000 X COMMERCIAL GENERAL LIABILITY ~~~~~J?E~~~~~ce) . 300,000 A I CLAIMS MADE W OCCUR ACP7141020418 1/1/2006 1/1/2007 MED EXP {Anyone person} . 5,000 I-- PERSONAL & ADV INJURY . 1,000,000 f- GENERAL AGGREGATE . 2,000,000 Iil'L^GG;J9~~LIMIT ^flS PER: PRODUCTS-COMP~PAGG . 2,000,000 X POLICY rf8,: LOC ~DMOBILE L.IABILITY COMBINED SINGLE LIMIT (Eaaccldentj . I-- ANY AUTO - ALL OWNED AUTOS BODILY INJURY (Per person) . - SCHEOULED AUTOS - HIRED AUTOS BODILY INJURY (Per accident) . - NON.OWNED AUTOS PROPERTY DAMAGE . (Peraccidenl) ~RAGE UABILITY AUTO ONLY -EAACCIDENT . ANY AUTO OTHER THAN EA ACC . AUTO ONLY: AGG $ pESSJUMElREL.LA LIABILITY EACH OCCURRENCE . OCCUR 0 CLAIMS MADE AGGREGATE . , R DEDUCTIBLE . RETENTION $ . A WORKERS COMPENSATION AND 1r~~4'LAMI~S I I u~,\' EMPLOYERS' UABIUTY ANY PROPRIETORlPARTNERlEXECUTNE E.L. EACH ACCIDENT . 100,000 OFFICER/MEMBER EXCLUDED? ACP7141020418 1/1/2006 1/1/2007 E_L DISEASE - EA EMPL.OYEE $ 100,000 If yes, descl1be under SPECIAL PROVISIONS b81O'W E.L. DISEASE - POLICY LIMIT . 500,000 OTHER Professional Liab. SD"A114090014 03/27/2005 03/27/2006 $1,000,000 per claim B fill,OOO,ooo aggrfiilgate Clai.ms Made Policy DESCRIPTION OF OPERATIONSlLOCATlONSIYEHICLESIEXCLUSIONS ADDeD BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is listed as an additional insured under Qeneral Liability. General Liablity policy is primary and non-contributing. Nonwaivar of Governmental Immunities ~orm attached. CERTIFICATE HOLDER CANCELLATION Ci ty of Dubuque 50 West 13th St. Dubuque I IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL l!N6~ MAil ~ DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLPER NAMED TO THE LEFT, ~ Xi~~~~~*~~ill~ ~~~lGIl~ ~ ~d_ AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) INS025101oa).OO AMS Sue Miller/SAM VMP Mortgage Solutions., Inc. (800)327-0545 @ ACORD CORPORATION 1988 Paglll10f2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 cond~lons of the policy, certain policies may require an endorsement. A statement on this certificate does nat 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) INS025 (0106}.06 AMS Pagl'l2of2 EFFECTIVE DATE: 12:01 AM Standard Time, (at your principal place of business) BUSINESSOWNERS PB 6003 (01.01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MUNICIPALITIES OR PUBLIC AGENCY _ INSURED PROVIDING PROFESSIONAL SERVICES This endorsement modifies insurance provided under the foliowing: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE Municipality and/or Public Agency: CITY OF DUBUQUE CITY HALL The municipality and/or public agency designated in the Schedule of this endorsement is aiso an insured, but only with respect to liability arising out of your operations, other than the rendering of or the failure to render professional services, advice of instruc- tion, subject to the following additionai exclusion: The City of Dubuque, including all its elected and appointed officials, all its employee and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. The fOllowing is added to Section II. WHO IS AN IN- This insurance, inciuding any duty we have to de- SURED: fend "suits", does not apply to "bodily injuIY", "property damage" or "personal and advertising'in- jury" that arises out of, in whole or in part, or is a result of, in whoie or in part, the active or primary negligence of the municipality and/or public agency deSignated in the Schedule of this endorsement, whether or not such negligence has assumed by you in a contract or agreement. All terms and conditions of this policy apply unless modified by this endorsement. PB 6003 (01-01) ACP SPo 7141020418 AGENT COpy 74 37247 Governmental Immunities Provision Nonwaiver of Government Immunity. The insurance carrier e...pressly agrees and states that the purchase of this policy and the including of the municipality shown in the schedule as an additional insured does not waive any of the defenses of governmental immunity available to them under code of Iowa Section 670.4 as it now e.-.:ists and as it may be amended from time to time.