HomeMy WebLinkAbout20143112.tiff RESOLUTION
RE: APPROVE WORK ORDER FORM (FLOOD REPAIRS - EM-BR13-54A) 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-BR13-54A)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 13, 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-BR13-54A) 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: Cot/ , 'J t EXCUSED
�/,du+N/ �CL�•cC Douglas Rademach r, Chair
Weld County Clerk to the Board ' �`•r, 4 � (NAY)
• �� i �°"I'�.F rbara KKirkAm�ey r, Pro-Tem/
BY. i. ' [ .. ►i� 1
D-rttyClerktot eBo- ui f _ - -_ AYE
n P. Conway
i __� (AYE)
TO FORM: ` �i l \
Mike Fr an n"-----
County Attorney (AYE)
Willia F. area
Date of signature: /d/29
2014-3112
EG0070
BC0045
CC'7i ter CA,Acark,Fi,0EM,6S "13
MEMORANDUM
TO: Esther Gesick, CTB DATE: October 9, 2014
��III III''���1 IIIIJJJ��
FROM: Clay Kimmi, P.E., Public Works
coux T..Yt'
SUBJECT: Ayres Work Order 5 for EM-BR13-54A
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
canceled 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$6,237.50.
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 8B 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$9,354.68 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$6,237.50 is eligible for payment to Ayres.
Page I of I
M:AWeld County Flood 2013 Version 2\Site Specific ProjectsARridge ProjectsA34-17AAPhase 2 Work\Work Orders\EM-BR34-176A ICON Work Order Memo to
BOCC doer
2014-3112
WORK ORDER FORM(FLOOD REPAIRS)
PURSUANT TO AN AGREEMENT BETWEEN
WELD COUNTY
AND
AYRES ASSOCIATES,INC.
DATED: October 7,2014
Work Order Number: Avres-5
Project Title: EM-BR I3-54A Design Services
Commencement Date: January 13,2014
Completion Date: March 26,2014
Limitations on compensation: Not to exceed$6,237.50
Professional agrees to perform the services
identified above and on the attached forms in The attached forms are hereby accepted and
accordance with the terms and conditions incorporated herein: Exhibit A — Work
contained herein and in the Professional Performed,Exhibit B—Hourly Rates
Services Agreement between the parties, dated
January 13, 2014. In the event of a conflict Weld County Public Works Department
between or ambiguity in the terms of the
Professional Services Agreement and this work By:
order (including the attached forms) the Project Midager
Professional Services Agreement shall control. Date: 10/t/ I'/
By: AL % UU
/
County Engin
A ssociate tc. Date: /D Off/
By: By:
Director f lic Works
Title: hor / Date: fD/9 /./H
Date:
�I�R�� B�i ` S ue®\ Ba bara Kirkmey , BOCC ro—Tem
-4 1 �, OCT 1 5 2014
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[Wt '��•, '
ATTEST: •ck—di, 1 Weld County CC6lerrk to the Board
By: `•c�'�l �.V r d
Deputy Clerk to the Board
any-311,2
EXHIBIT A—WORK PERFORMED
EM-BR13-54A
I. 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 I(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-13-54A
AIRES
ASSOCIATES
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 Ill 140.00
Project Engineer II 130.00
Project Engineer 1 1 15.00
Engineer/Scientist 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 Processor/Technical Editor/Contract Administrator 75.00
Clerical/Ming 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.
3665 JFK Parkway.Budding 2.Sate 200.Fon Cc Ins.Colorado 80625
(970)223-5556,)970)223-5578 FAX
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231.A It CO.,o v DOC
Page 3 of 3
Em-15.5/52 Project Detail
Ayres Associates
•
Job-to-Date through 8/23/2014
Regular Oat Total Rate Total
I TitlelRate Role
Houre Hours Hours Amount
Labor
Site Assessment
F 02103 Alvarado,Anthony 1/18/2014 Project Manager Kickoff Mtg/Site Assess .50 .50 13500 67.50
B 02103 Alvarado,Anthony 2/1/2014 Project Manager Site Assessment 5.00 5.00 135.00 675.00
F 02103 Alvarado,Anthony 2/8/2014 Project Manager Site Assessment 3.00 3.00 13500 405.00
F 01649 Spit William 1/25/2014 Senior Scientist Site Assessment 3.00 3.00 140.00 420.00
Design
B 02103 Alvarado.Anthony 3/8/2014 Project Manager Design .50 .50 135.00 67.50
B 02103 Alvarado.Anthony 3/22/2014 Project Manager Design 2.50 2.50 135.00 337.50
B 02103 Alvarado,Anthony 329/2014 Project Manager Design .50 50 135.00 67.50
B 02806 Fiebig,Fbrian 3/22/2014 Engineer Design 200 2.00 95.00 190.00
B 02806 Fiebig,Florian 3/29/2014 Engineer Design 1.00 1.00 95.00 95.00
Project Administration
B 02476 Pierson,Carol 2/8/2014 Administrator Bigng/Admm .50 .50 55.00 27.50
Total for Labor 18.50 18.50 2,352.50
Expenses
504.00 Outside Hire
B AP 02763078/52014 /Alpine Ecological Resources,LLC/ Environmental Permitting 634.75
outside Hire 059-022
Total for 504.00 634.75
Total for Expenses 634.75
Tetal for 32-175].09 2.951.25
•
s7.2.710(ALVARADOA)-Cost and Oi0rg,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
F: 970-304-6497
I84 -2011
IWEC '?tcjO1N1Y
ii
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From: Schall, James [mailto:schalljOAyresAssociates.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"'), 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 it 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
7: 970.223.5556
Schalli @AyresAssociates.com
www.AyresAssociates.com
3
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