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HomeMy WebLinkAboutMartinriley Architects-Engineers/Space Needs Assessment CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5115 FAX(920)236-5106 LETTER OF TRANSMITTAL To: Martinriley Architects-Engineers Date: September 6, 2011 2169 Carlton Road Project: Space Needs Assessment Oshkosh, WI 54904 From: Carol Marchant, Admin. Assistant Re: Agreement Attn: Matthew Wiedenhoeft Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment El Report El Agenda El Meeting Notes ❑ Photos ❑ Mylars El Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette El Zip Disk ❑ Other Quantity Description 1 Signed Agreement (copy) These are being transmitted as indicated below: ❑ For Approval ® For Your Use El As Requested El For Review& Comment ( Remarks: Signed: cc: City Clerk (original) Transportation Dept. (copy) File (copy) AGREEMENT THIS AGREEMENT, made on the /l7`day of August, 2011, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and MARTINRILEY ARCHITECTS-ENGINEERS, 2169 Carlton Road, Oshkosh, WI 54904, hereinafter referred to as the CONSULTANT, WITNESSETH: That the City and the Consultant, for the consideration hereinafter named, agree as follows: ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Consultant shall assign the following individual to manage the project described in this contract: Matthew Wiedenhoeft, AIA, LEED-AP B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: Christopher Strong, P.E., Director of Transportation ARTICLE III. SCOPE OF WORK The Consultant shall provide architectural and engineering services required to successfully complete the space needs assessment for the Transportation Department. The scope of services is described in more detail in the Request for Qualifications (RFQ) document, and in the Consultant's proposal. Where these documents may conflict, this agreement and the RFQ shall be in control. The Consultant may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by the Consultant as instruments of service shall remain the property of the City. ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Consultant's request, such information as is needed by the Consultant to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Consultant's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be completed by October 7, 2011. The Consultant shall perform the services under this agreement with reasonable diligence and expediency consistent with sound professional practices. The City agrees that the Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond the Consultant's control. For the purposes of this agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters, failure of performance by the City, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the Consultant to perform its services in an orderly and efficient manner, the Consultant shall be entitled to an equitable adjustment in schedule. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Consultant for the performance of the contract the total sum of$11,340, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. The Consultant shall submit itemized monthly statements for services. The City shall pay the Consultant within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Consultant a statement as to the reason(s) for withholding payment. Unless the invoice is disputed,the invoice will be deemed past due if payment in full is not made within 30 days from due date. In this case, the invoice may bear interest at 1.5% of the past due amount per month. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VII. CONSULTANT TO HOLD CITY HARMLESS • The Consultant covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Consultant, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE VIII. INSURANCE The Consultant shall comply with the City's Insurance Requirements as stated on attached Exhibit "A". ARTICLE IX. TERMINATION A. For Cause. If the Consultant shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Consultant. In this event, the Consultant shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Consultant no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Consultant shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing,signed by both parties and incorporated as an amendment to this Agreement. al OLD NATIONAL INSURANCE August 12, 2011 Carol Marchant City of Oshkosh Legal Department PO Box 1130 Oshkosh, WI 54903 Re: Martin Riley Inc. Professional Liability - Additional Insured Request Dear Carol: It is my understanding that you have requested to be added as an additional insured to our client's professional liability insurance policy. Unfortunately, the insurance carriers active in this market segment cannot and will not include other entities, including owners, as additional insured on a firm's professional liability practice policy. The carrier's position is that coverage is limited to claims arising out of the negligent performance of professional services since the owners are not providing professional services, the owners therefore have no insurable interest in the policy. There are two additional aspects of such a request that need consideration: Claim statistics reveal that approximately 80% of all claims made against architects and engineers are made by owners of projects. Adding the owner as an additional insured, in essence negates any coverage for claims made by the owner since no carrier will provide coverage for claims made by one insured against another insured. Therefore, if an additional insured endorsement was provided its ultimate effect would be to nullify any coverage for claims made by the primary source - the owner. This approach hardly seems to be in the interest of the owner of the project; Most project owners request to be included as additional insured because they wish to be relieved of any burden of claims made against them by third parties for negligent acts, errors, or omissions committed by the architect or engineer. This is a very reasonable concern and one that is best addressed by including a well structured, insurable hold harmless or indemnification provision in the owner/engineer agreement. Such a provision alleviates the owner's concern but does not preclude coverage for owner claims against the engineer. As you know, our office specializes in architects and engineers professional liability and has done so for several years. We currently manage the professional liability programs for over 350 firms in the Indiana area. 600 E.96ih Street,Suite 400 P.O.Box 80159 Indianapolis,IN 46280-0159 T: 317.575.9999 or 800.860.1977 F: 317.574.7860 Oldnationalins.com MI OLD NATIONAL INSURANCE Page 2 We can assure you that in our history of specialization we have never been able to arrange to have an owner included as an additional insured under an architect or engineer professional liability policy despite the multitude of insurance carriers we have approached. Recognizing that you may desire more direct sources, we are providing the following list of insurance carrier representatives who specialize in architects and engineers professional liability: XL Specialty, Inc. (XLDP) 2959 Monterey Salinas Hwy Monterey, CA 93940 (800) 227-4284 Victor O. Schinnerer& Co., Inc. Two Wisconsin Circle Chevy Chase, MD 20815 (301) 961-9800 In combination, the above carriers write professional liability insurance for approximately 80% of the architects and engineering firms in the United States. We would also like to make it clear that our discussion has been limited to only professional liability policies. Our points are not relative to general liability, and, in fact, additional insured endorsements are readily available under this coverage. We hope this information is of benefit to you and trusts that if you have any further questions you will feel free to call. Sincerely, OLD NATIONAL INSURANCE Kristen Kristen Strasser, AAI, CRIS, CPIW Customer Service Agent 317-706-9518 Kristen.strasser @oldnationalins.com CC: Martin Riley Inc. 600 E.96th Street,Suite 400 P.O.Box 80159 Indianapolis,IN 46280-0159 T: 317.575.9999 or 800.860.1977 F: 317.574.7860 Oldnationalins.com