9/7/1993 - Laserfiche WebLink

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Discussion ensued, and Director Davis gave examples of projects where County equipment and personnel were used when unforeseen circumstances required changes in a contract. In some of those cases the contracts resulted in change orders. Mr. Davis expressed the opinion that the change order is a useful tool in implementing a project. Commissioner Eggert asked if we would be paying twice by paying the contractor and doing it with our men and equipment. County Administrator Jim Chandler assured the Board that the contractor would not be compensated for any work that is not performed by the contractor. Staff did not realize that this item would be addressed at this meeting. Mr. Chandler explained that he and staff were in the process of calculating expenses and gathering information to present to the Board. This difficulty arose because of the action taken on May 18 when the pending ordinance doctrine was invoked. When the contract was awarded, staff thought the contractor could get a temporary burn permit. Since that is not the case, staff began researching other possibilities and came up with the idea of using our personnel and equipment and the SWDD chipper. Of course, there would be a charge back to the contractor. Director Davis advised that before a bottom line figure can be reached, staff must determine how quickly the chipping can be accomplished. Staff has not been able to quantify all the material under 6 inches in diameter to estimate how long the chipper would be on that site. That would be estimated after the work is in progress for a week or two. The actual chipped material has value and that would be taken into consideration. Further discussion ensued regarding the quantity of debris, the hourly rate and length of time the SWDD chipper would be in use. Utility Services Director Terry Pinto pointed out that because the contractor cannot burn the debris, it probably would be hauled to the Landfill and chipped there. Letting them use the chipper at their work site eliminates that work load from the Landfill. Commissioner Adams asked whether the time needed to quantify the amount of material would cause a delay in the project, and Mr. Davis responded that it could cause a delay in the project. Discussion ensued regarding the County's ability to enforce the contract. County Attorney Vitunac advised that the contractor is obligated to dispose of the debris by any means possible, even if burning is not allowed. Sheltra & Sons could argue that staff told the contractor something that would estop us from enforcing the 51 SEP 7 1990