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Home My WebLink About2004-038ORDINANCE NO. Dwl AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER THREE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND HUITT-ZOLLARS INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (ORDINANCE NO.2001-375; PSA 2685-PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF SOLID WASTE FACILITIES AWARDED TO HUITT- ZOLLARS, INC. IN THE AMOUNT OF $202,900, CHANGE ORDERS ONE AND TWO IN THE AMOUNT OF $85,200, AND CHANGE ORDER THREE IN THE AMOUNT OF $38,300 FOR A TOTAL AMOUNT OF $326,400. WHEREAS, on October 2, 2001 by Ordinance No. 2001-375, the City awarded a Professional Services Agreement to Huitt-Zollars, Inc., in the amount of $ $202,900 for Professional Services for the design of the Solid Waste Facilities for Preliminary Design Phase, Final Design Phases and Construction Phase; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order No. Three, increasing the amount of the professional services agreement between the City and Huitt-Zollars, Inc., which is on file in the office of the Purchasing Agent, in the amount of Thirty Eight Thousand Three Hundred and 0/100 ($38,300) Dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase order amount increases to $326,400. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the / / day of k 2004 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: (I'll H, JAI j "z�"-' I/ APPR VED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY BY:✓/ / Attacbment 1 HUnhIDUAKW-•Sa 300-3WWw7163,.+ ;I 0,423- a.V&*U 7610 "3. 817.33530000E •817JIiWI.I •817=5,10251m• 6.Wzo ,n August 28, 2003' Mr. Charles Fielder, P.E. Director Engineering City of Denton City Hall East 601 E. Hickory Street Denton, TX 76204 RE: DENTON SOLID WASTE FACHXFY IM PROJECT NO.03-0787.02 Dear Charles: The coustntction phase services by Huitt-Zollars for the Solid Waste Facility were outlined in our December 2001 and January 2003 proposal letters. These letters reflected construction durations that were scheduled to anti in December 2002, then subsequently extended into mid -March 2003. The original fee for the December 2002 completion was $67,200. The January 2003 proposal increased our fee $19,000 for additional services through mid -March 2003. The increases resulted in it total fee of $85,200 for construction phase services. Both proposals corresponded to completion dates' indicated by the contractor. As stated in our January 2003 letter, the contractor in the construction meetings indicated an early March completion. Based on information provided by the contractor, the substantial completion inspection was scheduled for February24, 2003 with the demonswAonitraining to be eondtwted February 27, 2003. As discussed several times in construction meetings, the construction should be complete before the punch list activities and all systems mast be working properly before demonstration and training combo performed. The February 24 inspection was conducted, althoughthe weather was cold and Icy. Dutigg the process, s punch list was generated and numerous items were 'noted as incomplete. The demonstration scheduled for February 27 did not occur and was tales scheduled for Match 11. During March several trips were made to further document completion of the construction, particularly related to mechanical issues. To dare, the mechanical systems have not conformed to the contract documents and therefore, have not been accepted. This is due to a wide variety of issues, including failures of parts of the system, controls being incomplete, incomplete testing and balancing, W incorreat installation of system romponeML The system does provide 000ling, but several even have occurred that indicate the total system installation and start-up activities are incomplete and unreliable. Additionally, there are other less critical, yet probientatio, items that need to be addressed. These include, but are not limited to, landscaperdrWnage, door hardware and electrical issues. These issues have been the subject of documented discussions and have not been completely remedied. Based on commitments made by the contractor, Huitt Zollars proposed the extension of the construction phase setvioesthrough mid -March. As noted above, this amount was for atotal of $85,200. $oth'the City and Huitt-Zollars were of the beliefthat the projectwould be rgmpletc the fast week of March. However, as indicated, the efforts to complete the project have continued and are, as of this date, not yet H:VpfoJW30187011conveuaian ptreserCA upsuope p 1p=1052703.doc Mr. Charles Fielder August27,2003 Page 2 finished. We feel that the original scope of our proposals address the schedule through the week ending March 8, 2003. After that date, the activities of Huiu-Zollsrs have been in response to issues not yet completed or raised in additional final walk-through activities and associated punch lists. Through the week ending March 8, 2003, we expended $82,707 against a budget of $85,200. Through June 28, 2003 our total cost is $103;527. We have been tracking all activities after March 8 separately. To date Huitt-Zoliars has billed and the City has paid, $85.200. Leaving an outstanding balance of $18,327. As we discussed on August 12, 2003, the Construction effort is not yet complete. We indurated that, in our opinion, the additional efforts beyondMarch.9 were necessary and provide value to the Cky in assisting you in reaching completion and acceptance of the project, beyond the original expeomac n of both Hunt Zollars and the City. There will be additional effort to bring -this project to closum.: tt is uncertain what measures will be required to complete the project. We recommend an additional.$20,000 be.budgeted to cover professional services' time to coordinate with the contractor and sub -contractors on behalf of the City. This is in addition to the $103,527. We therefore propose increasing the authorized amount of the construction phase services to $123,500. Your attention to the status of this issue is appreciated. We have prepared adrift invoice that includes all efforts through June 28, 2003. 1 have attached a copy for your reference. Although this invoice will bring the project to current status, we believe additional tasks will be required as stated above. Siftomly, MMI-ZOLLARS, INC. Charles T. Aldredge. P.E. Vice President C: F. Chastain tt:Iprei103078701rcomaacdm phssdlCAupscw poryosal 082701dw