2004-038ORD CE NO. y£ "fYg
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 EXPENDITLrRE 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 /'~ dayof , 7~.g'_]/]/)~. 2004
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPR~JVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ~/~RNEY
Aught 28, 2003.
Mr. Cbm'lesField~r, P.E.
~I E. Hi~o~
De~n, ~ 7~209
RE: D~NTON SOLID WASTE FACILITY
1:1~1/PROJECT NO. 06-07{r/.02
Dee~ C~:
The coustrucfion phase services by Huili-Zollars for the SOlid Waste Fadiity
De¢~be~ 2001 aud J'auuaty 20~3 proposal letters. These lee~s reflected construot/0a du~ati~ that
were seheduled to eud in Deeembe~ 2002, &eh subsequanfly'exI~uded }ute mid-Mal~h 2003, The
original fee for the December 2002 completion was $67/200: ~ j~uary 2003 proposal iucte~edour
fee $18;000 for additional services through mid-Marda 2003. The inereasee resulted' ~ a tote{ f~e Of
$85,200 for ~oustntetlon phase services. Both proposa{s oorreq~nded to completion dates .in~
the uc~tra~ton As stated in our January 200~ letter, ~ cordractor in the consm~ion meetin{~/ndioated
an e~'ly March completin~
Based on information provided by the ~outra~0r, the ~m~aulial complofiou iuspeotiou was sobeduled for
Fehrua_ty 24. 2003 with the demons~fiou/t~ajning to te conducted Feb, uazy 27, 2003. As discussed
several ~ in eons~u¢fion meetings, the ¢onsucucJion Should be complete before the punoh list
m:tivifias and all systems must be working properly before demonstration and-training can:be performed.
The Februar~ 24 inspection was conduc~A, although.the.wea~er was cold arid icy. I)~i~g .l~ proe.~ a
poneh list was generated and numerous items were eotedas incomplete. The demonsUation scheduled for
Fehruary 27 did not occur and was later scheduled for March I1.
During Mnr~h s~,erai uips were made to further documeut ~ple~on of~e ~, ~u~ly
~1~ ~ ~1 ~u~. To ~, ~e m~i~ sy~ have n~ ~ m ~.~n~
~u~fl~ ~ ~, have not b~ ~d. ~is ~ ~ ~ a ~ v~ ~ i~u~, inol~ing
~I~ of ~ of ~e ~, ~uob ~ i~mpl~e, in~p~e ~g ~d ~l~h~ ~
insmll~ of sy~m ~one~ ~e ~m do~ ~vi~ ~li~ b~ sov~ ~ have
Addifiona~ly,'there are other less erMcal, yet problem~e, items that need to be addressed. The~e include,
but are not limited to, lanflscapeJdraJ ange, door hardware and electrical issues, These issues We been tho
subject of documented discussions and have not been cOmpletely remedied.
Based on commitments made by the oomracu~, Huitt-Zollats proposed the exl~mion Of the consmt~on
phase services through mid-Mar~h. As noted above, this amount was for a total of $85,200. Bc~. the
City and Huitt-Zoltars were of the belief that the preject wonld be complet~ tho fi~st week of MarcN
However, ~ indicated, the effom to comple.~ thc tmaje~t have continued and are, as of this rl~ not yet
H:~0307~701 t~nsuuc~n plmse~CA ups~p~ pu~uma1092703.dc~
· Mr. Charles Fielder
Au~aat 27, :2003
Page 2
finished. We feel that the orig/~tl scope o£ our pr~ addre~.the s0he/ule thzou~h the wer~ end~g
~ 8, 2003. A/~et that date, the activities of I-hiu-Zolis~ l~ve been/n response to hanes not yet
complete/or raL.~xl in additional final wnlk-1/u~gh a~ivMes add assochted punch IL~s.
Tlu'ongh the week ending March a, 2003, we expendad $82~707 a~ln~ a budgnt of $85,200. Tl~ough
June 28, 2003 our total.cost is $103;527. We bave been tracking aH aetivifi~& after IvInroh 8
To.date Huil~.Zollats has billed and the City l~ns paid, $85~200; t.~v~ng an outstanding balance of
$:18,327.
As we disousse/on August t 2, 2003, &e construction effort is not yet complete. We indieated ltmt,
our opinion, the additlonat efforts beyondMarch.8 w~re ~ and provide value to the CRy in
assisting you in' reachlng comptation and ar~eptance of the ta'oje~ bey0nd the otiL21~n! expe0tat/0tl
both Huttt-Zollats and lhe City. The~ will be zddifion~, effort to'bringlhis project'to closme, .'Ris
nncertaln what measures wiit be requ/rad to complete lt~e p~jeot. We recommend an additional$20,000
be .budgeted to cover professional services' time to'coordinate with the contractor and sub-contraot~,a on
behatf of the CRy. This/s in addition to the $103,527. We therefore propo~ increasing the authorized
amount of the ex~nstrucfion phase services, to $
Your att~dion to the ~_~t,__ s of this issue is appre~iatad. We bare prepared a drait mv0il~ that/nclnd~ all
effca-ls th~ June 28, 2003, ! have attached a copy for your ~,'en~e. AlthoL~b figs brvolce will brht~
the project to current slaws, we believe additional tasks wilt b~ required az stated above.
~HUIT~-~L~, INC.
C~arles T. Ald~edge, P.E.
Vicn P~sident
C: F. Chastain