Board Approves Indemnifying Agreement with County for Westside Sewer Interceptor Work
Summary
City attorneys said an indemnifying agreement will allow the Westside Sewer Interceptor project to proceed in county right-of-way without the city posting a bond; the county approved the agreement contingent on a certificate of insurance.
The board approved an indemnifying agreement with Johnson County to allow work for the Westside Sewer Interceptor project within county right-of-way without posting a bond.
City Attorney Camille Gary told the board the county normally requires a bond for work in county right-of-way but agreed to an indemnifying agreement used in place of a bond in similar arrangements with utilities. Under the agreement, the city will provide a county-approved certificate of insurance in lieu of a bond; the county's board of commissioners had approved the indemnification and accepted the city's certificate of insurance.
Gary said the arrangement avoids the cost of posting a bond but preserves the county’s protections because the city would be responsible for repair and costs if the contractor damages county roads or right-of-way. The board moved and approved the agreement.
The approval allows the Westside Sewer Interceptor work to proceed in county-controlled areas with the agreed insurance and indemnity arrangements in place.
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