Title
Development Services Department recommending Chairman be authorized to sign a contract with RRM Design Group containing non-standard indemnity language, noting the Scope of Work and Budget were previously approved on September 12, 2006, Item 55.
RECOMMENDED ACTION: Approve.
Body
BUDGET SUMMARY
Total Estimated Cost $97,204
Funding
Budgeted $97,204
New Funding $
Savings $
Other $
Total Funding Available $97,204
Change To Net County Cost $ 0
Fiscal Impact/Change to Net County Cost:
Scope of Work and Budget previously approved by your Board on September 12, 2006.
Background: RRM was selected by the Missouri Flat project team to prepare design guidelines and streetscape standards for the Missouri Flat corridor based on their demonstrated expertise and creativity in preparing similar plans throughout the region. Your Board concurred when it approved RRM's scope of work on September 12, 2006 and authorized the Chairman to sign the final contract after it had been completed and routed for review and approval by Counsel and Risk Management. After the draft contract was provided to RRM for review, they indicated that they could not accept the County's standard indemnification language due to legal and insurance carrier objections. Staff and RRM discussed possible options for modifying the language to address these concerns but were unable to reach agreement on revised language.
RRM has proposed a modification to the County standard indemnification language. RRM proposes language that RRM claims is consistent with recent state legislation governing indemnification provisions in contracts between local agencies and desgn professionals for construction projects. (AB 573, effective January 1, 2007). However, the legislation cited by RRM does not impact local agencies' ability to require a provision that sets for the contractor's duty to defend any litigation arising from the work per...
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