Moffatt & Nichol Bid Document (5)

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exCePtIoNS 105 rFQ # 26-07-01 • CoNtINUING ProFeSSIoNAL ArCHIteCtUrAL AND eNGINeerING CoNSULtING ServICeS (CCNA) Section 8:Exceptions Section 8: Exceptions P261925We appreciate the opportunity to preview some of the terms and conditions that will be incorporated in the awarded contract for this Project. Moffatt & Nichol has contracted on thousands of projects and is confident in our ability to come to mutually acceptable terms. Upon selection of this proposal, we would respectfully request the opportunity to discuss certain of the terms and conditions due to the professional standard of care required for performance of the services and terms which can be outside the contracting parties control. Section 1 – General Terms and Conditions: 1.15: Request to modify this clause as follows to include a common-law Standard of Care for consulting engineering professional services. - "Material(s) delivered to the City under this Bid shall remain the property of the seller until accepted to the reasonable satisfaction of the City. Proposer shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality ("Standard of Care"). In the event materials supplied to City are found to not meet the Standard of Care be defective or do not conform to specifications, the City reserves the right to return the product(s) to the seller at the seller's expense. 1.20: Request to strike out all the "WARRANTIES" section. Professional services do not come with warranties and can often be deemed not insurable. 1.21: Strike out "warrants" and replace with "represents". Section 2 – General Terms and Conditions 4.3 Delay Damages (Liquidated Damages): We request to strike out Section 4.3 Delay Damages (Liquidated Damages) completely if possible. Liquidated damages are penalties and are usually not insurable under any polices of insurance for professional engineering consultants. 5.2 Damages: Request for the clause to be edited as follows “City reserves the right to recover any ascertainable actual damages incurred as a result of the Consultant’s negligent acts, errors, or omissions in the performance of this Agreement.” 5.3 Correction of Services: Strike out “exhibit poor workmanship” and replace with “do not meet the Standard of Care” in line 3. 15 Insurance Statement: M&N can meet all the types of insurance and limits listed under this section. However, please be aware that some insurance elements are not commercially available for engineering consultants, such as indemnity provisions being covered only under CGL as indemnity provisions are covered across multiple policies. Also, some policies such as Workers Compensation do not come with waiver of subrogation endorsements but do carry waiver of subrogation coverage. 27 Time is of The Essence: Request to insert “subject, however, to the exercise of the Standard of Care for performance of such Services.” At the end of the sentence.