Agenda 01-16-24; 8-a - Minutes - Laserfiche WebLink

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50 1 b. Resolution to Amend Involuntary Commitment Transportation Plan 2 The Board approved a resolution amending the Orange County Involuntary Commitment 3 Transportation Plan. 4 c. Designation of the Davis Cotton Gin and Press as an Orange County Historic 5 Landmark 6 The Board adopted an ordinance to designate the Davis Cotton Gin and Press as an Orange 7 County Historic Landmark. 8 d. Fiscal Year 2023-24 Budget Amendment#3 9 The Board approved budget, grant, and capital project ordinance amendments for Fiscal Year 10 2023-24. 11 e. Construction Bid Award for the Richard E. Whitted Complex Stormwater Improvement 12 Project 13 The Board: 14 1) Approved a construction contract with Hamlett Associates for the construction of the 15 Richard E. Whitted Complex Stormwater Improvement Project; and 16 2) Authorized the County Manager to execute the Agreement, subject to final review by the 17 County Attorney, and any subsequent amendments for contingent and unforeseen 18 requirements up to the approved budget amount on behalf of the Board. 19 f. Orange County FY 2025 - Global Agreement for Operating 20 The Board approved the Orange County Fiscal Year 2025 Global Agreement for Operating. 21 22 9. County Manager's Report 23 Bonnie Hammersley drew attention to the information items included in the agenda 24 packet. She said the next meeting will be at Whitted on December 4, 2023. 25 26 10. County Attorney's Report 27 John Roberts had no report. He addressed an issue that was brought up earlier 28 regarding the Gensler contract. He said all county contracts have a "time is of the essence" 29 provision. He said that the consultant wanted relief from that in the event that county staff did 30 not provide information that would impact their ability to deliver services in a timely manner. He 31 said it is fairly common to adjust contracts to provide relief from that provision. He said the 32 standard of care for contracts is typically the nationally recognized highest professional 33 standards. He said that often architects, engineers, and designers usually request a 34 modification of that language because they typically cannot get insurance to cover in the event 35 they do not meet the highest professional standards. He said they often want the language 36 modified to something like reasonable professional standards that is nationally recognized. He 37 said it is a common change that they make fairly often in their contracts. He said the other item 38 was a limitation of liability. He said it is often requested, but not always agreed to. He said a 39 limitation of liability would be if the contractor breaches the contract and the county sued for 40 damages, then the only thing that they would be liable for is the amount that they paid the 41 county. He said in some circumstances, they would not agree to that depending on what is 42 being provided. He said that these items all increase risk to the county, but any modifications to 43 a contract will increase risk because the contracts are all initially set up to minimize risks. 44 Commissioner Portie-Ascott asked for clarification about regular modifications to the 45 contract language regarding highest professional standards. 46 John Roberts said it is usually for certain types of contracts where the contractor 47 indicates that they cannot get insurance based on that language. He said it is usually limited to 48 designers, engineers, and architects. 49 50 11. *Appointments 51 None.