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Home My WebLink About20143114.tiff RESOLUTION RE: APPROVE WORK ORDER FORM (FLOOD REPAIRS - EM-BR5/42A) PURSUANT TO AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - AYRES ASSOCIATES, 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 October 13, 2014, the Board was presented with a Work Order Form (Flood Repairs—EM-BR5/42A) Pursuant to Agreement for Design Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Ayres Associates, Inc., commencing January 13, 2014, and ending March 26, 2014, with further terms and conditions being as stated in said work order form, at which time the matter was continued to October 15, 2014, at 9:00 a.m. WHEREAS, after review on October 15, 2014, the Board deems it advisable to approve said work order form, 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 Work Order Form (Flood Repairs — EM-BR5/42A) Pursuant to Agreement for Design Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Ayres Associates, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said work order form. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of October, A.D., 2014, nunc pro tunc January 13, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: cC�l tt�� EXCUSED C/, / G. add; Douglas Radema er, Chair _ Weld County Clerk to the Board � I S \� / /� :.•..' t A. (NAY) .rte ara Kirkm yer, Pro-T m B :'\ DT's ty Clerk tot a Boar� .� (AYE) a"' S -h P. Conway d AP FORM: `®�IM �. p A u_{2.��p.--� (AYE) Mike Free unty Attorney (AYE) William . Garcia Date of signature: loin 2014-3114 EG0070 BC0045 Cc to,AU*,F1, oEm, 65,?w "13 MEMORANDUM TO: Esther Gesick, CTB DATE: October 9, 2014 FROM: Clay Kimmi, P.E., Public Works WJ' 4Ouh= _ SUBJECT: Ayres Work Order 8 for EM-BR5/42A Please place the attached agreement on the BOCC Agenda. Please return a copy of the agreement to me for my records. Ayres Associates, Inc. (Ayres) was retained by Weld County to perform engineering design on flood damaged sites within the Big Thompson Basin. The Ayres Professional Services Agreement was terminated by Weld County on August 28, 2014. In early September, Ayres submitted invoices for work that they had performed on this which had never been approved for a work order by the BOCC. The negotiated amount of the work order is$2,380.00. Ayres claims to have been directed by the County's project manager to proceed with working on this site without an approved work order. The County's project manager had been directed by the former County Engineer and former Public Works Director to get the design work started on the site. After the Professional Services Agreement(PSA) was terminated, Public Works (at the direction of the County Attorney) determined how much of the invoice was eligible for payment under the terms of the PSA. Section 8B of the PSA outlines what Ayres can be compensated for. Section 86 states" If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contract Professional provided prior to the date of the termination notice, but which has not yet been approved for payment; and (3) the cost of any work which County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination." This work order represents the amount of work needed to accomplish an orderly termination of work. Design work occurred between January 13, 2014 and March 26, 2014. On March 26, 2014, Ayres was directed by the project manager and the County Engineer to stop any work associated with this site. Ayres continued to perform work on this site in anticipation of another design work order. Ayres initially submitted an invoice in the amount of$5,883.50 which included all of the work performed after March 26, 2014. Only the work performed between January 13 and March 26 can be considered, therefore, a maximum of$2,380.00 is eligible for payment to Ayres. Page I of I M.'Weld County Flood 2013 Version 2 Site Specific Projects Bridge Projects',5-12A'.Phase 2 Work Ayres SOW&Work Ordcrs',EM-BR5-12A AyTes Work Order Memo to BOCC.docrc 2014-3114 WORK ORDER FORM(FLOOD REPAIRS) PURSUANT TO AN AGREEMENT BETWEEN WELD COUNTY AND AYRES ASSOCIATES,INC. DATED: October 7,2014 Work Order Number Ayres-8 Project Title: EM-BR5-42A Design Services Commencement Date: January 13,2014 Completion Date: March 26,2014 Limitations on compensation: Not to exceed$2,380.00 Professional agrees to perform the services The attached forms are hereby accepted and identified above and on the attached forms in incorporated herein: Exhibit A - Work accordance with the terns and conditions Performed, Exhibit B-Hourly Rates contained herein and in the Professional Services Agreement between the parties, dated Weld County Public Works Department January 13, 2014. In the event of a conflict between or ambiguity in the terms of the By: 4;Tc/ Professional Services Agreement and this work Project M ger order (including the attached forms) the Date: /D/i5// Professional Services Agreement shall control. boy 2 By: �/ County Engi eer Date: //o Ayres Associates, Inc. // By: By: �LL4v j Direct° f tic Works // Date: 0 /9 11-4 Title: Date: ✓ /�, �I� - —� - _A / e�-rbara Kirkmeyer, BOCC ro-Tem .•�:••, r� OCT 15 2014Ito EST: ditiftAi x:41 Weld County Clerk to the Board By: Deputy lerk to the oard 1o� 3ri'/ EXHIBIT A—WORK PERFORMED EM-BR5-42A 1. January 14, 2014—Ayres staff participated in the project design kickoff meeting at the Weld County offices. 2. January 17, 2014—Ayres staff and an environmental sub-consultant visited the site with Richard White, Weld County Project Manager. 3. January 17, 2014 and mid-March—Ayres was working on developing a scope of work for this project. 4. Mid-March to March26,2014—Ayres performed some preliminary engineering to determine riprap sizing and hydraulics parameters. 5. March 26,2014—Ayres told to stop work on this project under Phase 1(Emergency Repairs prior to Spring Runoff)and to transfer all work completed to date into Phase 2(Return to Pre-Flood Condition). 6. March 26, 2014 to August 28 2014—Ayres works with Weld County to develop a Phase 2 scope of work. On their own accord,Ayres performs survey work in anticipation of Phase 2 work orders. 7. August 28,2014—Ayres notified by Weld County to terminate all work on this project. 8. September 26,2014 —Ayres staff and Weld County staff meeting to determine which work performed to date was eligible for payment. 9. September 30, 2014—Ayers and Weld County reach a compromise in which Ayres is to be paid for work completed through March 26,2014. The cost of the work completed through March 26, 2014 is the amount authorized in this work order. 10. October 6, 2014—Weld County staff meet with the Board of County Commissioners to receive direction on paying Ayres. Staff directed to proceed with establishing work orders to pay for costs that Ayres incurred through March 26, 2014. EXHIBIT B-HOURLY RATES EM-BR5-42A NRIES .SSOCIATEB AYRES ASSOCIATES INC PROFESSIONAL SERVICES RATE January 2014-December 2014 PERSONNEL 2014 Principal Engineer/Senior Associate 190.00 Senior Engineer 170-00 Senior Project Manager 155.00 Project Manager 135.00 Senior Scientist 140.00 Project Engineer 111 140 00 Project Engineer II 130.00 Project Engineer I 115.00 Engineer/Scierthst 95 00 Engineering Technician 70.00 Construction Resident 70.00 Licensed Surveyor 85.00 Party Chief 70.00 Survey Technician 55.00 Two-Man Survey Crew 125.00 Senior CADD Technician 95 00 CADD Technician 75.00 Word Pracessor/Technicaf Editor/Contract Administrator 75.00 Clerical/Billing Clerk 55 00 'Graduate Engineer without P.E.license "Deposition and Litigation-50%surcharge on hourly rates 'College graduate in engineering,but not yet licensed Direct charges including,travel costs,rental costs,and other direct project costs,will be invoiced at actual cost or based on rates set forth in the attached standard rate schedule. All rates are subject to revision on an annual basis. 3885 JFK Partway,Balding 2.sae 200,Fort Coffees,Colorado 80525 (971)223-5556.(970)223-5578 FAX gvM AvresAstoaarca cord YJruarts cc..v oar; Page 3 of 3 Em-Br05.0/42A Project Detail Ayres Associates Job-to-Date through 8/23/2014 Regular Out Total Rate Total Title/Rate Role Hours Hours Hours Amount Labor Site Assessment B 02103 Alvarado.Anthony 1)18/2014 Project Manager Kickoff MicSne Assess 50 50 135.00 6750 B 02103 Alvarado,Anthony 2/1/2014 Project Manager Site Assessment 5.00 5.00 135.00 675.00 B 02103 Alvarado.Anthony 2/8/2014 Project Manager Site Assessment 3.50 3.50 13500 472.50 F 01802 Hort.John 1/252014 Senor Engineer Sne Assessment .50 50 17000 85.00 B 01649 Spitz.Wiliam 1/25/2014 Senior Scientist Site Assessment 300 3.00 14000 420.00 Design B 02103 Alvarado.Anthony 3/8/2014 Project Manager Design .50 .50 13500 67.50 B 02103 Alvarado.Anthony 3122/2014 Project Manager Design .11 11 135.00 15.00 Project Administration B 02476 Pierson,Carol 2/8/2014 Administrator Blhrg/Admin .50 50 5500 27.50 Total for Labor 13.61 13.61 1,830.00 Expenses 504.00 Outside HI re B A°02763078/5/2014 /Alpine Ecological Resources.LLC/ Emironnertal Permitting 55000 Outside Hire 059-022 i Total for 504.00 550.00 Total for Expenses 550.00 Total for 32-1767.04 2.360.00 • v7 2.710(ALVARADOA)-Cost and Sing.Estimate Overhead Clayton Kimmi From: Schall, James [schallj@AyresAssociates.com] Sent: Tuesday, September 30, 2014 7:47 AM To: Clayton Kimmi Cc: Don Dunker; Elizabeth Relford; Hunt, John; Alvarado, Anthony Subject: RE: April 4 due date for lower priority sites Clay, We agree to this compromise. At this point, I think everyone would like to put this behind us. Thanks, Jim From: Clayton Kimmi [mailto:CKimmi@co.weld.co.us] Sent: Monday, September 29, 2014 3:57 PM To: Schall, James Cc: Don Dunker; Elizabeth Relford; Hunt, John; Alvarado, Anthony; Clayton Kimmi Subject: RE: April 4 due date for lower priority sites James, As we discussed at the meeting on Friday, we have no need nor want for the survey data that was done at these four sites. Because there is nothing in writing indicating an April 4 deadline, we would be willing to compromise with you. If you agree to remove the surveying costs including LIDAR from these invoices, we can move forward with taking a proposal to the BOCC to pay you for the items listed under the design portion of the project details. Additionally, I believe that there are several employees who continued to work on projects after the 26`h. Those employees included Darby Schock, Darren Wimmer, Anthony Alvarado,John Eklund, and Florian Fiebg. Anthony's revised project details do not appear to have accounted for that work. I have accounted for the removal of their hours in my table below. If this proposal is acceptable, please let me know as soon as possible so that I can move forward with scheduling a work session with the BOCC. I would like to have this issue resolved as quickly as possible so that we can both move onto other projects. Site Allowed Cost 13/54 $6,237.50 Ekland and Alvarado each had .5 hr aft 3/26 19/46.5 $3,952.50 Schock had 2 hrs after 3/26 5/42A $2,380.00 Fiebig had 7 hr after 3/26, Wimmer had 10 hr after 3/26 15.5/52 $2,987.25 Total $15,557.25 Clay Kimmi, P.E., CFM Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 1 F: 970-304-6497 $961 .201I Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Schall, James [mailto:schallj@AyresAssociates.com] Sent: Friday, September 26, 2014 4:43 PM To: Clayton Kimmi Cc: Don Dunker; Elizabeth Relford; Hunt, John; Alvarado, Anthony Subject: April 4 due date for lower priority sites Clay, At your request, we spent a little more time looking through email in the March 2014 time period and have not found anything from Dave or Wayne. However, Richard's email to John on March 20 (attached) clearly defines April 4 as the target date for the lower priority sites: "Anthony has told me that the bid set for the high priority sites should be ready by next Wednesday. I need to do whatever I can to try and get the lower sites out the following week" The next Wednesday after March 20 is March 26. The end of the following week is April 4. The conversation that Richard references with Anthony occurred at 3:20 pm on March 20 based on cell phone records, after which Richard sends his email to John at 3:51 pm. On the basis of that phone call, and Richard's email to John, Anthony informed our project team by email the next day that the work on these sites had to be completed within two weeks (by April 4`h), putting the work effort into high gear. And then, as you know, at the meeting on March 26 we were directed to stop work on Phase 1 and roll everything into Phase 2. Therefore, the dates we talked about at our meeting this morning, specifically, work completed prior to February 8 and between March 14-26, are time periods when we were clearly working at your request trying to meet a very aggressive deliverable schedule. Anthony has gone through the project detail sheets and deleted all charges not in those time periods (see attachment). As shown,the revised total invoice amount by project site would be: Site Allowed Cost 13/54 $7,865.00 19/46.5 $6,118.64 5/42A $4,985.00 15.5/52 $3,462.25 Let me know if you have any questions. Sincerely, 2 James Schall, PhD, PE Vice President Ayres Associates 3665 JFK Parkway, Bldg. 2, Suite 200 • Fort Collins, CO 80525-3152 T: 970.223.5556 Hire(1,4..'. SchallJ@AyresAssociates.com www.AyresAssociates.com 3 Hello