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Public Works Director Jim Davis reported that the 3 -hour <br />mediation session held last Friday resulted in both parties <br />agreeing to the County paying the contractor an additional $15,200, <br />instead of the proposed $5,000. That amount involves the costs of <br />renting a large machine to chip all the cleared material. Staff is <br />recommending approval of the $15,200. <br />Commissioner Adams wondered what part of "no" Sheltra did not <br />understand. She stressed that this has been a very embarrassing <br />situation, and she didn't know why we should be held liable if a <br />firm finds it cannot follow the contract they bid. The Board <br />reluctantly agreed to the $5,000 to settle the matter at the <br />September 14 meeting, and now all of a sudden we are looking at <br />$15,200. She hoped that in the future we will remember that we <br />don't have to take the lowest bid. <br />Chairman Bird recalled that the burning issue was due <br />basically to a misinterpretation of the County's ordinance <br />prohibiting the burning of material cleared and transported from <br />another site. The county departments involved in preparing the <br />contract documents were not aware of the impact of the Solid Waste <br />Disposal District ruling of May 18, 1993. <br />Commissioner Macht felt we need better inter -departmental <br />education on some of these items, and Chairman Bird felt it is good <br />sometimes that we get hit by the same requirements that are applied <br />to private firms. <br />Commissioner Adams pointed out that the original contract was <br />clear that they could dispose of the material by some other method. <br />Director Davis explained that the price arrived at during <br />mediation was based on the remaining material to be chipped on <br />site. He understood that the $400 hourly rental for the large <br />chipper is still applicable, but pointed out that doesn't cover the <br />cost of hauling. <br />Scott Kramer, attorney for Sheltra & Sons Construction <br />Company, advised that the contract itself states that there will be <br />no charge for hauling all the material within a certain radius. <br />However, they don't know yet where the material is to be brought. <br />Chairman Bird felt certain that Director Davis would decide on <br />a location inside of that radius. <br />Assistant County Attorney Terry O'Brien advised that he <br />participated in the mediation proceedings and felt true compromise <br />was made by.both sides in order to avoid litigation. <br />29 <br />BOOK 9Q HAGF_ 69� <br />