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.