HomeMy WebLinkAboutFoster & Williams Amendment # 1Foster&Williams
A h tects
July 9, 2013
Vason County Facilities, Parks & Trails Department
411 N 5th Street
S helton, WA 98584
Attention: John Keates, Director
S uboecto Profs s&oonall Senfioces Agreement
!Mason County Jaof DSU Pract
Dear John,
reviewed the Professional Services agreement that you sent me. I also forwarded it to our insurance carrier to
review. This is required by our insurance carrier when we are not using standard AIA documents. Between them
and myself we have the following comments:
P arties to the agreement should be Mason County ano Foster & Williams Architects. Delete the reference to
Grant Foster. The company is a professional services corporation and I do not personally carry a business
license nor insurance. _
The project should be something like"Architectural and Engineering Services for New Cells in the Mason County
Jail DSU". In Architectural and engineering services, the term "project management" takes on a more in-depth
meaning than just the A/E services we provide. It can include procuring funding, selecting architects and
engineers, procuring contractors and coordinating the entire construction process. This is a much more inclusive
(and expensive) service than you desire for this project.
Item 1
I would like to delete the proposal as exhibit "A" and include the attached Exhibit A instead.
Item 7, Hold Harmless and Indemnification first sentence:
Our insurance carrier wants the word "defend" delefed because they will defend Foster & Williams only with
the county being defended by your own insurance carrier. Also in the first sentence they want the words "any
and all claims" deleted because they define too broad of a term. They also want some re -wording for the
same reasons.
In the second paragraph, first sentence, the insurance company want the word "concurrent" deleted for the
same reason as above, they will defend only foster & Williams not the County.
Item 8, Insurance, Minimum Scope of Insurance:
lterri_ 2: We carry the prescribed amount of commercial general liability insurance ice out tp,
include another entity under our general insurance and accorc flng to our carder there is no
provide this if necessary but please revllew the need.
-1-
ere i s a cost to
be refit. We will
PO Box 102 Shelton, WA 98584-0102 360.426.0511 fax: 360.426.2926
maw -Asa --__
www.fosterwilliams.com mail@fosterwilliams.com 601 W Railroad Ave, Suite 100
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Professional ServicesAgreement
Mason County Jail DSU Project
Item 8, Minimum Amounts of Insurance:
Automobile Liability: Our company owns no vehicles and carries no automobile insurance.
Professional Liability Insurance: We carry $500,000 each claim with a aggregate of $1,000,000.
On the third page delete the words "No Limitation". It seems to be mis-placed and doesn't pertain.
would like to see Exhibit "B" modified to something like what I have attached to the agreement. It removes any
conflict regarding the description of the work we perform and Lists any costs outside of the agreed amount.
Please review these items and let me know if they need further discussion, I'msure your intent is to provide a
fair and equitable agreement and allow us to be responsible for our own acts and not to require us to agree to
terms that are not acceptable to us or our insurance carrier. Our insurance carrier wants to make sure that the
project is insurable for both your benefit and ours.
If you have any questions, please don't hesitate to call.
Sincerely,
FOSTER AN ' WILLIAMS ASSOCIATES, P.S. AIA ARCHITECTS
Grant L. Foster, AIA
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