The URL can be used to link to this page

Browse Search

Home My WebLink About20242084.tiffRESOLUTION RE: APPROVE SETTLEMENT AGREEMENT AND RELEASE FROM SHERIFF'S OFFICE SHOOTING RANGE/TRAINING SITE PROJECT, CHANGE ORDER FOR SHOOTING RANGE, AND AUTHORIZE CHAIR TO SIGN - ROCHE CONSTRUCTORS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on December 6, 2021, the Board of Weld County Commissioners approved the Agreement for Construction Services for the Sheriff's Office Shooting Range/Training Site Project, resulting from Bid #62100116, and WHEREAS, on July 29, 2024, the Board of Weld County Commissioners approved Resolution #2024-2020, Professional Service Agreement for the Shooting Range located at 58676 County Road 23, Carr, Colorado 80612, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and Metals Treatment Technologies, LLC, dba MT2, LLC, for remediation of said project, and WHEREAS, the Board has been presented with a Settlement and Release from the Sheriff's Office Shooting Range/Training Site Project, and a Change Order for the Shooting Range, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and Roche Constructors, Inc., commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement and change order, and WHEREAS, after review, the Board deems it advisable to approve said agreement and change order, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Settlement and Release from the Sheriff's Office Shooting Range/Training Site Project, and the Change Order for the Shooting Range, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and Roche Constructors, Inc., be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement and change order. cc: GPI (BB /KM), CT13(EG/c H) oq/os/)-f 2024-2084 SO0045 BG0026 SETTLEMENT AGREEMENT AND RELEASE FROM SHERIFF'S OFFICE SHOOTING RANGE/TRAINING SITE PROJECT, AND CHANGE ORDER FOR SHOOTING RANGE - ROCHE CONSTRUCTORS, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of August, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD CODUd COLORADO ATTEST: dith0,0 Weld County Clerk to the Board BY: AP unty At orney Date of signature: 0S112/2'-i Kevi Ross, Chair C3/1e,4 Perry L :,-ck, Pro-Tem EXCUSED Mike F eman Lori Saine 2024-2084 SO0045 BG0026 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is made and entered into between Weld County Board of County Commissioners (the "County") and Roche Constructors, Inc. ("Roche"). The County and Roche maybe collectively referred to herein as the "Parties" or each individually as "Party." This Settlement Agreement is effective as of the last date of execution of all Parties ("Effective Date"). WHEREAS, the County is the owner of property located at 58336 County Road 23, Carr, Colorado (the "Property"); WHEREAS, the County and Roche entered into that certain "Agreement Construction Services between Weld County & Roche Constructors, Inc., Weld County Training Site/Shooting Range Project:, dated December 6, 2021 (the "Contract") for the construction of the Weld County Sheriff's Office training facility located at the Property (the "Project"); WHEREAS, disputes arose between the County and Roche regarding the design and construction of the Project; WHEREAS, the County asserted a claim on Performance Bond No. 107503365 (the "Surety Bond") issued by Travelers Casualty and Surety Company of America (the "Surety"); and WHEREAS, the Parties wish to fully, finally and completely settle, compromise and resolve any and all claims made or which could have been made regarding the Project or the Contract. IT IS THEREFORE AGREED AMONG THE PARTIES THAT: 1. Consideration. For the mutual promises and releases made herein, the Parties agree to the following: a. To address the County's desire to remove all or some of the Project's concrete berms through a separate contractor, the Parties will execute a deductive change order to the Contract in the amount of $34,000 (in the form attached hereto as Exhibit A). b. After completion of work by MT2 according to the schedule attached hereto as Exhibit B, Roche will fix lumber at the Project backstops that is either missing or never installed. For clarity, Roche is not obligated to fix lumber at the sides of the backstops. c. After completion of work by MT2 according to the schedule attached hereto as Exhibit B, Roche's supplier Action Target will finalize installation of the turning man/running targets, install controls for the equipment, and provide owner training on the equipment. In addition, the Parties and Action Target will discuss provision of spare parts, although the Parties realize that may require additional compensation. Action Target will provide a one-year labor and material warranty directly with County, if Action Target is allowed to proceed with finishing their contract on or about August 31, 2024, and after confirming their equipment has not been used and dial there is no current damage to their equipment. d. After completion of work by MT2 according to the schedule attached hereto as Exhibit B, Roche will complete the Project's audio system. e. After completion of work by MT2 according to the schedule attached hereto as Exhibit B, Roche will mount a standard light fixture on the west exterior side of the target room at the 110, 50 and 25 yard ranges that will be activated by a switch. f. Upon execution of this Agreement, the County may sell or otherwise dispose of the rubber pellets, it being understood that Roche would not be entitled to any proceeds. The Parties further agree that, except as expressly agreed to herein, the County will not be requiring or otherwise asking Roche to cleanup or maintain any portion of the Project. g. County will release all remaining funds amounting to $72,093.59 owed pursuant to the Contract within thirty days of completion of Roche's work stated in this Settlement Agreement. 2. Mutual Release Among Parties. In consideration for the agreements herein and the mutual releases in this paragraph, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and as of the Effective Date of the Settlement Agreement, each Party, including Roche's agents, representatives, attorneys, consultants, sureties, predecessors, successors and assigns, and the County's agents, Commissioners, representatives, employees, and consultants, completely and forever releases and discharges the other Party and their respective agents, representatives, attorneys, consultants, sureties, predecessors, successors, assigns, parents, subsidiaries, affiliates, shareholders, principals, agents, employees, officers, directors, insurers, sureties, subcontractors, and vendors from and against any and all claims made or which could have been made relating to the Contract or Project. Further, the County forever releases and discharges the Surety and its agents, representatives, attorneys, consultants, sureties, predecessors, successors, assigns, parents, subsidiaries, affiliates, shareholders, principals, agents, employees, officers, and directors from and against any and all claims made or which could have been made relating the Surety Bond, the Contract, or the Project. 3. Final Completion & No Warranty. The Parties acknowledge that final completion under the Contract was previously reached and that, due to the passage of time with respect to the disputes, no warranty obligations under the Contract currently exist. 4. No Promise or Inducement. No other promise or inducement which is not herein expressed has been made by or to any of the Parties in executing this Settlement Agreement or granting the releases, and the Parties do not rely upon any statements or representations made by any person, firm or corporation concerning the nature, extent, or duration of any claims, potential claims or liability. 5. No Admission of Liability. The Parties understand that this Settlement Agreement is the compromise of disputed claims and that the identified above Settlement Sum is not to be construed as an admission of liability on the part of the persons or entities hereby released, by whom said liability is expressly denied. 6. Entire Agreement and Successors in Interest. This Settlement Agreement sets forth the entire agreement and understanding between the Parties with respect to the settlement and release of the claims and specific terms and exclusions set forth herein. This Settlement Agreement shall be binding upon the Parties and their past, present and future parents, subsidiaries, affiliates, shareholders, principals, agents, employees, officers, directors, insurers, attorneys, consultants, sureties, partners, predecessors, successors, future purchasers and assigns, and may not be rescinded, canceled, terminated, supplemented, amended or modified in any manner whatsoever without the prior written consent of all Parties. 7. Attorneys' Fees, Costs and Expenses Incurred through the Effective Date. Each Party shall bear its own costs and attorneys' fees incurred in connection with the Project. 8. Amendments. This Settlement Agreement may not be amended, waived, or modified except by an instrument in writing executed by the Parties. 9. No Third -Party Beneficiaries. Nothing in this Settlement Agreement, express or implied, is intended to nor shall confer upon any person other than the Parties to this Settlement Agreement any right, benefit or remedy of any nature whatsoever under or by reason of this Settlement Agreement; except that this Settlement Agreement shall be considered to have resolved all allegations of alleged construction deficiencies and shall be binding to any future homeowner or purchaser. 10. Advice of Counsel. Each Party executing this Settlement Agreement hereby represents and warrants that it has had the opportunity to obtain the advice of counsel in reviewing the Settlement Agreement and in agreeing to the provisions herein. 11. Representative Capacity. Each Party executing this Settlement Agreement hereby represents and warrants that the individual executing this Settlement Agreement on behalf of such Party has full power and authority to bind such Party to the terms hereof. 12. Governing Law. Colorado law shall govern both the interpretation and the performance of the Settlement Agreement. 13. Counterparts. The Parties agree that this Settlement Agreement may be signed in counterparts by the Parties separately. The Parties further agree that signatures may be transmitted by facsimile or e-mail and such signatures shall be considered as originals. 14. Waiver. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. 15. Severability. If any portion or part of this Settlement Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, it is the intention of the Parties that the remainder of this Settlement Agreement remain in full force and effect. AGREED TO AND ACCEPTED BY: WELD COUNTY BOARD OF COMMISSIONERS By: Name: ATTE By: Kevin D. Ross. Chair Deputy C Date: __AUG_Q5 ROCHE CONSTRUCTORS, INC. By: Date: o2a07$ ao&F .....sAIA Change Order Document G701® - 2017 PROJECT: (Name and address) Weld County Shooting Range 58676 County Road 23 Carr, CO 80612 OWNER: (Name and address) Weld County, Colorado 1 105 H Street Greeley, CO 80631 CONTRACT INFORMATION: Contract For: General Construction Date: December 6, 2021 CHANGE ORDER INFORMATION: Change Order Number: 015 Date: June 20, 2024 CONTRACTOR: (Name and address) Roche Constructors Inc. 361 71st Avenue Greeley, CO 80634 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) COR#25 - Stipulated sum credit for Weld County to contract directly with 3rd party to remove all or some of the project's concrete berms through a separate contract as required. The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be decreased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be unchanged by N/A (N/A) days. The new date of Substantial Completion will be N/A 8,261,400.00 286,287.93 8,547,687.93 34,000.00 8,513,687.93 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE CONTRACTOR AND OWNER. Roche Constructors Inc. CONTRACTOR (Firm name) SIGNATURE Greg Lockwood, Senior Project Manager PRINTED NAME AND TITLE June 20, 2024 DATE SIGNATURE Kevin D. Ross, Chair Board of County Commissioners PRINTED NAME AND TITLE AUG 0 5 2024 DATE AIA Document G701 - 2017. Copyright © 1979, 1987, 2000 , 2001 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 10:06:02 ET on 06/20/2024 under Order No.3104239987 which expires on 12/03/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: 1 (3B9ADA43) 02402 V- a02`� Exhibit "B" Tasks Planning/Mobilization/Site Set up tMove Rubber Break, Remove b Stockpile Concrete - Cut Concrete @ Berm Toe - Concrete Recycling dumpster delivery Concrete recycling dumspler pickup Delivery, Blend d Metall Optibann - Soils delivery Mix Optiberm Materials Materials Placement Berm Shaping eotextile mat installation Site Cleanup 8 Demobilization Contingency Daye 5 uuuuu5 555=• 5- :55555.......5._ Ill MI ■■ ■ ■.5555 555555555555 aposulautimmilsinum51��INNS 55��1 Hello