ST0001-CS000417Schrickel, Rolins and Associates, Inc. '5 T O O 0 t
Consultants in Landscape Architecture · Engineering ° Planning Victor w. Baxter, ASLA
Kent E. Besley, ASLA
Joseph E. Bradley, PE
Terry T. Cheek, ASLA
Terry E. Cullender
Dino J. Ferralli, PE
Daniel B. Hartman, PE
Delbert W. Hirst, ASLA
Sanford R LaHue, Jr., PE
Hershel R. Lindl , APA
David K. McCas~ill, ASLA
April 17, 2000 AlbertW. Rollins, PE
Gene Schrickel, FASLA
Mr. Kenneth M. Griffen, P.E.
Director of Engineering and Public Works
City of Coppell
P.O. Box 478
Coppell, TX 75019
RE: Improvements of CREEKVIEW DRIVE from the
West Boundary of Wagon Wheel Park to Freeport Parkway
Dear Ken:
Enclosed are two (2) executed copies of the Engineering Agreement for the Creekview
Drive project. Although we continue to have concerns over some of the contract
language, we are motivated by our interest in the success of the overall design of the site
(Wagon Wheel Park and Creekview Drive).
I have also i ncl uded a copy of the March 6, 2000 letter from our liability insurance agent
which addresses the contractual concerns from his perspective. Because we are
interested in a long term relatibnship with you and the City of Coppell, we ask that you
consider some of the issues presented.
Yours truly,
SCHRICKEL, ROLLINS AND ASSOCIATES, INC:
Daniel B. Hartman, P.E.
DBH/am/4126
1161 Corporate Drive West · Suite 200 · Arlington, Texas 76006 · (81 7) 649-3216/Metro (817) 640-8212/FAX (81 7) 649-7645
I1! '~ ! I1~ T I ! [" I' I I =,;~
McLaughlin
Brunson
Insurance Agency
G March Z000
Mr. Dan Hartman, P.E.
Schrickel, Rollins and Associates, Inc.
I I G 1 Corporate Drive West, Suite 200
Arlington, TX 7B00B
R_E: City of Coppell Contract
Dear Dan:
I received your request to ou~ine the reasons for my suggested revisions
on the City of Coppell Contract. Please note all of my comments are limited
the insurability of these provisions and nothing herein should be
construed as the rendering of legal advice. The following are the reasons I
have suggested the aforementioned revisions:
Article 9. Disputes. This clause calls for the City Manager to be the
arbitrator for any disputes arising out of this agreement. DPIC (Design
Professionals Insurance Company) would not recognize the arbitrary
decision of the City Manger. I suggest that you delete this clause and
substitute Non-Binding Mediation in its place. I have also suggested that
you insert reasonable before attorneys fees in the third line.
Article 10. Liability. Page- 6 second to the last sentence- begins with "Any
work..." This sentence could make you liable for betterment. If you
inadvertently leave an item off for which the city would have paid for had
it been in the plans and specifications your insurance company DPIC will
not pay for this item. The insurance company would pay for damages as a
result of this omission such as demolition of the affected area but not for
the item itself. My suggestion is that this sentence be deleted for the
aforementioned reason.
Article 12. Indemnification. Page- 6 first sentence. I suggest that you delete
the term "defend". This term implies that Schrickel Rollins would be liable
to pay the upfront defense cost of the City before liability is established. If
you agree to this your firm's professional liability carrier DPIC will not pay
these expenses. DPIC might reimburse the City if your firm were found to
be liable for an insured breach of contract allegation. I have also suggested
that you insert reasonable before attorneys fees in the third line.
10925 Estate Lane, Suite 250 Dallas, Texas 75238
Plone: 214-503-1212 Fax: 214-503-8899 1-800-506-1011 mclaughlinbrunson.com
McLaughlin
Brunson
Insurance Agency
Article 15. Personnel Qualifications. This clause asks Schrickel Rollins to
warrant that all personnel are appropriately licensed and it asks you to
warrant competency. Any allegation based on a breach of the
aforementioned warranty would be specifically excluded by DPIC. We
currently insure over 400 A & E firms and we represent 17 different
markets for Architects & Engineers professional liability. I am not aware of
any A/E professional liability insurance policy on the market that does not
exclude contractually assumed liabilities, which the aforementioned
breach of warrantee would be. I suggest that you delete the words
"warrants to" and replace with "agrees with".
Article 17. Ownership. This clause states that the City will own all
documents to use, as it desires with out restriction. The City should be
liable if they deicide to reuse the documents for another project. I suggest
that you add a reuse disclaimer at the end of this clause.
Article 22. Compliance with Laws. In the first line I suggest that you insert
"applicable" between all and federal. You are not required to comply with
all statutes, rules and regulations, etc., as some are not applicable to the
services you are providing
JB/ms
Enclosure
10925 Estate Lane, Suite 250 Dallas, Texas 75238
Phone: 214-503-1212 Fax: 214-503-8899 1-800-506-1011 mclaughlinbrunson.com
It 'I lIT I
B McLaughlin
Brunson
6 March 2000 m nsu rance At~ency
Mr. Dan Hartman, P.E.
Schrickel, Rollins and Associates, Inc.
1161 Corporate Drive West, Suite 200
Arlington, TX 76006
RE: City of Coppell Contract
Dear Dan:
I received your request to outline the reasons for my suggested revisions
in the City of Coppell Contract. Please note all of my comments are limited
to the insurability of these provisions and nothing herein should be
construed as the rendering of legal advice. The following are the reasons I
have suggested the aforementioned revisions:
Article 9. Disputes. This clause calls for the City Manager to be the
arbitrator for any disputes arising out of this agreement. DPIC (Design
Professionals Insurance Company) would not recognize the arbitrary
decision of the City Manger. I suggest that you delete this clause and
substitute Non-Binding Mediation in its place. I have also suggested that
you insert reasonable before attorneys fees in the third line..
!
Article I~ Liability. Page- 6 second to the last sentence- begins with "Any
work..." This sentence could make you liable for betterment. If
inadvertently leave an item off for which the city would have paid for had
it been in the plans and specifications your insurance company DPIC will
no'u~?y° for this item. The insurance company would pay for damages as a
res f this omission such as demolition of the affected area but not for
~D; ~ itself. My suggestion is that this sentence be deleted for the
~;/ r :ntioned reason. }
Article 12. Indemnification. Page- 6 first sentence. I suggest that you delete
the term "defend". This term implies that Schrickel Rollins would be liable
to pay the upfront defense cost of the City before liability is established. If
you agree to this your firm's professional liability carrier DPIC will not pay
these expenses. DPIC might reimburse the City if your firm were found to
be liable for an insured breach of contract allegation. I have also suggested
reasonab before attorneys fees in the third line.
that you insert ab~
10925 Estate Lane, Suite 250 Dallas, Texas 75238
Phone: 214-503-1212 Fax: 214-503-8899 1-800~506-1011 mclaughlinbrunson.com
IT ' T lit r I I T "
McLaughlin
Brunson
Insurance Agency
Article 15. Personnel Qualifications. This clause asks Schrickel Rollins to
warrant that all personnel are appropriately licensed and it asks you to
warrant competency. Any allegation based on a breach of the
aforementioned warranty would be specifically excluded by DPIC. We
currently insure over 400 A & E firms and we represent 17 different
markets for Architects & Engineers professional liability. I am not aware of \ ,.
any A/E professional liability insurance policy on the market that does not
exclude contractually assumed liabilities, which the aforementioned;
breach of warrantee would be. I suggest that you delete the words
"warrants to" and replace with "agrees with".
Article 17. Ownership. This clause states that the City will own all
documents to use, as it desires with out restriction. The City should be
liable if they deicide to reuse the documents for another project. I suggest
that you add a reuse disclaimer at the end of this clause. ! ? ~-,..,~c.-~
Article 22. Compliance with Laws. In the first line I suggest that you insert
"applicable" between all and federal. You are not required to comply with
all statutes., rules and regulations, etc., as some are not applicable to the
services you are providing
JB/ms
Enclosure
10925 Estate Lane, Suite 250 Dallas, Texas 75238
Phone: 214-503-1212 Fax: 214-503-8899 1~800-506-1011 mclaughlinbrunson.com