We had a great program at the November meeting. In addition to a great featured speaker, we had a short presentation by two attorneys from Collins Collins Muir + Stewert on indemnification. Their 10-minute presentation covered recent court cases broadening the scope of indemnification and duty to defend, potential adverse impacts to your business, recent legislative efforts to limit duty to defend to claims arising out of negligence of the design professional, and the need for continued effort. Because of the importance of such issues to your business, I hope to have other business issue presentations at upcoming Sierra Chapter meetings.
Indemnification is just one example of the business issues that ACEC actively engages on to represent your interests. I am on the ACEC-CA Caltrans Liaison Committee, and issues that we have monitored or negotiated with Caltrans over the last two years include prevailing wage, subcontracting out, standard of care and conflict of interest clauses, travel and equipment reimbursement policies, and overhead rates, including Safe Harbor rates for firms that do not have the cost data for determination of an audited overhead rate. Progress can be slow, but the committee has made positive change.
Quality Based Selection (QBS) continues to be an issue needing vigilant monitoring. Even though the current QBS law has been in place since 1990, some agencies still occasionally issue solicitations to procure professional design services in a manner that does not comply with QBS law. For such solicitations that come to their attention, ACEC-CA responds with a letter to the agency about QBS law and how their solicitation is not in compliance, and follows up as necessary. In 2012 and 2013, eleven such QBS letters were issued to Sacramento and Bay Area cities, counties, and agencies. Many of the subject procurements were subsequently reissued in a manner complying with QBS law.
ACEC-CA does much to help ensure fairness in contracts and solicitations to our members but needs your help. If you receive an RFP/RFQ or contract that does not comply with current QBS, indemnification or other law, or you are unsure about its compliance, please contact me or ACEC-CA. Also, if you would like to hear a short presentation on a particularly business topic at one of our meetings in 2014, please let me know.
Hope to see you at our joint meeting with APWA in January!
