HomeMy WebLinkAbout20163580.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR DISPUTE REVIEW BOARD AND AUTHORIZE CHAIR
TO SIGN - SCOTT CONTRACTING, 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, the Board has been presented with an Agreement for Dispute Review Board
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Scott Contracting, Inc., commencing upon full execution and
with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Dispute Review Board between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and Scott
Contracting, Inc., be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dcttA44) �Co•�r.
Weld County Clerk to the Board
BY: a.,
uty Clerk to the Board
APPR • . ' AS TO
ounty Attorney
Date of signature: ta((Lit (Co
Mike Freeman, Chair
EXCUSED
Sean P. Conway, Pro-Tem
Steve Moreno
Cc Ga-CBC)
to/15/ 4Cn
2016-3580
BC0049
Stephanie Frederick
From:
Sent:
To:
Subject:
Bob Choate
Thursday, November 17, 2016 9:01 AM
Stephanie Frederick
RE: DRB - Weld County Parkway
This contract is required by the Dispute Review Board (DRB) process, which is the mediation contractually required prior
to litigation by our Weld County Parkway contract between Weld County and Flatiron/Scott Contracting. Hearing time is
charged at $1,200 per DRB member per day, and $800 per half day. Non -hearing time is billed at $125/hr per DRB
member. Scott Contracting is liable for half of all costs associated with this contract. There is no passaround
memorandum related to this contract. This was discussed at the WCR 49 work session last week, so the Board is aware
of it, and Bruce authorized me to put it on the Board's agenda quickly as needed by the short timeframe. Let me know if
you need anything else.
Thanks!
Bob Choate
Assistant Weld County Attorney
1150 "O" Street; P.O. Box 758
Greeley, Colorado 80632
Tel: 970-336-7235
Fax: 970-352-0242
Email: bchoate( ,veldgov.com
STATEMENT OF CONFIDENTIALITY & DISCLAIMER:The information contained in this email message
is attorney privileged and confidential, intended only for the use of the individual or
entity named above. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copy of this email is strictly
prohibited. If you have received this email in error, please notify us immediately by
replying and delete the message. Thank you.
From: Stephanie Frederick
Sent: Wednesday, November 16, 2016 3:44 PM
To: Bob Choate <bchoate@co.weld.co.us>
Subject: RE: DRB - Weld County Parkway
Bob
Do you have your pass -around memo for this?
Or can I get a memo?
Thank you,
From: Bob Choate
Sent: Wednesday, November 16, 2016 3:13 PM
To: CTB <CTB@co.weld.co.us>
Cc: Bruce Barker <bbarker@co.weld.co.us>; Don Warden <dwardenPco.weld.co.us>
Subject: FW: DRB - Weld County Parkway
CTB,
2016-3580
1
Can you please put the attached agreement on the Board's agenda for approval next Wednesday November 23rd?
Thanks!
Bob Choate
Assistant Weld County Attorney
1150 "O" Street; P.O. Box 758
Greeley, Colorado 80632
Tel: 970-336-7235
Fax: 970-352-0242
Email: bchoate a,weldgov.com
STATEMENT OF CONFIDENTIALITY & DISCLAIMER:The information contained in this email message
is attorney privileged and confidential, intended only for the use of the individual or
entity named above. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copy of this email is strictly
prohibited. If you have received this email in error, please notify us immediately by
replying and delete the message. Thank you.
2
DISPUTE REVIEW BOARD
THREE PARTY AGREEMENT
WELD COUNTY PARKWAY
THIS THREE PARTY AGREEMENT, made this(J(c?th day of November, 2016, by and between: Weld
County, hereinafter called the "County"; and Scott Contracting Inc., hereinafter called the "Contractor;
and Advanced Analytical Solutions, LLC, for the services of Martin Cuerdon, EST, Inc. for the services of
Gary Johnson, and Colorado Mediation Center, LLC for the services of Beth Brown Ornstein, hereinafter
called the "Dispute Review Board" or "DRB" or "Board".
WHEREAS, the County is has completed construction of the Weld County Parkway, and
WHEREAS, the Contract provides for the establishment of a Board in accordance with subsections
105.22 and 105.23 of the Standard Specifications;
NOW, THEREFORE, it is hereby agreed:
ARTICLE I
DESCRIPTION OF WORK AND SERVICES
The County and the Contractor shall form an On Demand ORB in accordance with this agreement and
the provisions of subsection 105.23.
ARTICLE II
COMMITMENT ON PART OF THE PARTIES HERETO
The parties hereto shall faithfully fulfill the requirements of subsection 105.23 of the CDOT Standard
Specifications for Road and Bridge Construction, dated 2011, and the requirements of this agreement.
ARTICLE III
COMPENSATION
The parties shall share equally in the cost of the Board, including general administrative costs (meeting
space and facilities, secretarial services, telephone, mail, reproduction, filing) and the member's individual
fees. Reimbursement of the Contractor's share of the Board expenses for any reason is prohibited.
2O /lo - io(i )
The Contractor shall make all payments in full to Board members. The Contractor will submit to the
County an itemized statement for all such payments, and the County will split the cost by Including 50
percent payment. The Contractor and the County will agree to accept invoiced costs prior to payment by
the Contractor.
Board members shall keep all fee records pertaining to this agreement available for inspection by
representatives of the County and the Contractor for a period of three years after the termination of the
Board members' services.
Payment to each Board member shall be at the fee rates established in subsection 105.23 and agreed to
by each Board member, the Contractor, and the County. Time spent individually by Board members and
in joint discussions and deliberations to evaluate the claims and prepare recommendations Is
compensable as "time away from the project" per subsection 105.23 . In addition, reimbursement will be
made for applicable expenses.
Each Board member shall submit an invoice to the Contractor for fees incurred each month following a
month in which the members participated in Board functions. Such invoices shall be in the format
established by the Contractor and the County.
Payments shall be made to each Board member within 60 days after the Contractor and County have
received all the applicable billing data and verified the data submitted by that member. The Contractor
shall make payment to the Board member within seven calendar days of receipt of payment from the
County.
ARTICLE IV
ASSIGNMENT
Board members shall not assign any of the work to be performed by them under this agreement. Board
members shall disclose any conflicts of interest including but not limited to any dealings with the either
party in the previous five years other than serving as a Board member under other contracts.
ARTICLE V
COMMENCEMENT AND TERMINATION OF SERVICES
The commencement of the services of the Board shall be in accordance with subsection 105.23 of the
specifications and shall continue until all assigned disputes under the Contract which may require the
Board's services have been heard and a Recommendation has been issued by the Board as specified in
subsection 105.23. If a Board member is unable to fulfill his responsibilities for reasons specified in
subsection 105.23(b)7, he shall be replaced as provided therein, and the Board shall fulfill its
responsibilities as though there had been no change.
ARTICLE VI
LEGAL RELATIONS
The parties hereto mutually agree that each Board member in performance of his duties on the Board is
acting as an independent contractor and not as an employee of either the County or the Contractor.
Board members will guard their independence and avoid any communication about the substance of the
dispute without both parties being present.
The Board members are absolved of any personal liability arising from the Recommendations of the
Board.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed the day and year
first written above
BOARD MEMBER:
BY:
BOARD MEMBER:
BY:
BOARD MEMBER.
BY:
CONTRACTOR:
BY:
TITLE:
WELD COUNTY -
BY.
TITLE:
- EST, IncSy Gary Johnson, Colorado Division Manager
Advanced Ana tical Solutions, LLC, by Martin Cuerdon
Colorado Mediation Center, LLC by Beth Ornstein, Manager
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Mike Freeman
Chair, Weld County Board of County Commissioners
RE: DISPUTE REVIEW BOARD - WELD COUNTY PARKWAY
APPROVED AS TQSUBSTANCE:
Elected Official or Department Head
N/4 -
Director of General Services
AP E p Z :
Controller v
APPROVED AS TO FORM:
County Attorney
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