RRM DESIGN GROUP, INC. - Laserfiche WebLink

Home Browse Search

Sfr+teinrnl n/Quuli/+arriuns I SECTION 1 CONTRACT AGREEMENT STATEMENT As part of our due diligence effort in preparing a responsive proposal package, we reached out to our risk manager and our insurance provider to review the City's Professional Services Agreement for compliance with Civil Code Section 2782.8 as amended by SB 496. The amended Civil Code went into effect January I, 2018 and limits the cost of defense charged to the design professional to an amount not to exceed the design professional's proportionate percentage of fault after a ruling of fault is determined. Providing defense for claims and allegations, sometimes referred to as "dollar one" defense, is no longer enforceable due to the passage of SIB 496. The following proposed changes bring the City's indemnification clause into compliance with the amended Civil Code: 8 Indemnification: Consultant shall indemnify and hold harmless the City, its officers, agents, employees, , and representatives from liability:-Nj for personal injury, damages, just compensation, restitution, judicial or equitable relief, personal injury, including death, and claims for property damage, to the extent found to which may arise from the negligent acts, errors, omissions or operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) h or, any claim that Pei senal inim y, damages, just compellSaLiV. 1, 1 ebtiLtIti0I 1, fttdic . na,�u..aywWvnwr., isr.0 Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Notwithstanding anything to the contrary in Section 8 of this Agreement, with respect to claims arising from Consultant's professional services, Consultant shall not have an upfront duty to defend City, but Consultant shall reimburse reasonably incurred defense costs as part of City's total damages in proportion to Consultant's determined percentage of fault as set forth in California Civil Code section 2782.8 as it is written as of the date of this Agreement. Cite o/.Gmm Ana I PROPOSAL FOR ON -CALL LANDSCAPE ARCHITECTURAL SERVICES