CP 2004-04-30
NOTICE OF SPECIAL CITY COUNCIL MEETING AND AGENDA
APRIL 30, 2004
DOUG STOVER, JAYNE PETERS, Place 2
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5
DIANA RAINES, Place 3 THOM SUHY, Place 6
MARSHA TUNNELL, Place 4 BILL YORK, Place 7
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order 7:00 a.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will meet
in Special Called Session on Friday, April 30, 2004, at 7:00 a.m. to be held at
Town Center, 255 Parkway Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting
may be convened into closed Executive Session for the purpose of seeking
confidential legal advice from the City Attorney on any agenda item listed herein.
The City of Coppell reser ves the right to reconvene, recess or realign the order of
business at any time prior to adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
REGULAR SESSION (Open to the Public)
1. Call to order.
SPECIAL SESSION (Open to the Public)
2. Consider approval of Change Order #9 to the Sandy Lake Road Project #ST
93-02 to Ed Bell Construction Company, to meet ADA requirements for the
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ITEM # ITEM DESCRIPTION
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completion of the project ($85,227), to include additional conduit for
electrical feeds ($1,800), and to pay for concrete collars for various
reinforced concrete pipes ($7,885) in a total amount of $94,912; and
authorizing the City Manager to sign.
Adjournment.
________________________________
Douglas N. Stover, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the
City Hall of the City of Coppell, Texas on this _________ day of _________________,
2004, at __________________.
________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
DEPT: Engineering Dept.
DATE: April 30, 2004
ITEM #: 2
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: #Sandy Lake Change Order-1AG
GOAL(S):
EXECUTIVE SUMMARY:
This change order will resolve all outstanding issues to allow for the completion and acceptance of the project.
Staff will be available to answer any questions at the council meeting.
ITEM CAPTION:
Consider approval of Change Order #9 to the Sandy Lake Road Project #ST 93-02 to Ed Bell Construction
Company, to meet ADA requirements for the completion of the project ($85,227), to include additional conduit for
electrical feeds ($1,800), and to pay for concrete collars for various reinforced concrete pipes ($7,885) in a total
amount of $94,912; and authorizing the City Manager to sign.
AGENDA REQUEST FORM
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
Date: April 30, 2004
RE: Consider approval of Change Order #9 to the Sandy Lake Road project #ST 93-
02 to Ed Bell Construction Company, to meet ADA requirements for the
completion of the project ($85,227), to include additional conduit for electrical
feeds ($1,800), and to pay for concrete collars for various reinforced concrete
pipes ($7,885) in an total amount of $94,912; and authorizing the City Manager
to sign.
Since April 2001, the City of Coppell has been working with Kimley-Horn and Associates, Inc.,
the design engineer for Sandy Lake Rd., Accessology, a consultant to the Texas Dept. of
Licensing and Regulations (TDLR), Ed Bell Construction Company, the contractor for Sandy
Lake Rd. and several other people that work for TDLR concerning the accessibility issues
associated with Sandy Lake Rd.
In April 2001 as the project was nearing completion, I inquired about the status of the review for
accessibility compliance of Sandy Lake Rd. It was then discovered that the plans had never been
submitted to the State for accessibility review. In May 2001, the construction plans were
submitted to TDLR for review. On July 3, 2001, the City received correspondence from TDLR
stating various areas of the plans which did not appear to be in compliance. Because the project
was already substantially complete, it was not a simple matter of changing the plans. In February
2002, Kimley-Horn responded to the City concerning the review by TDLR. It was Kimley-
Horn’s opinion that there were several misunderstandings by TDLR and that we should wait for
the actual walk-thru to address some of the issues. Kimley-Horn also noted in their response
letter of February 7, 2002 that the City’s details were more than likely not in compliance with
TDLR requirements. On December 8, 2002, the City received correspondence from TDLR
stating that an inspection was due on the completed project of Sandy Lake Rd. My attempts to
convince TDLR that it was not yet complete were unsuccessful, as TDLR classifies completion as
when the project can be used for its intended purpose.
The City of Coppell utilized an option provided by TDLR to obtain a locally approved firm to
provide an inspection of the project. On April 16, 2003, the City of Coppell received the
inspection report from Accessology along with notice that the City had 90-days to correct any and
all deficiencies. On July 23, 2003, an extension was granted that was set to expire on October 23,
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
2003. On October 9, 2003, I responded to Accessology’s inspection report from April 16, 2003.
My response was that while there were still outstanding issues to be corrected on the original
contract my goal was to retain the services of Accessology, independent of their review for the
State, to provide a thorough one on one walk thru with me on the project to convey the exact
method to correct the deficiencies. My argument throughout the preceding months with
Accessology was that existing development adjacent to Sandy Lake Rd. precluded a reasonable
resolution of the deficiencies.
Because Accessology could not meet within the timeline of the second extension, a third
extension was granted on October 29, 2003. The third extension expired on January 29, 2004.
On November 10, 2003, a representative of Accessology, Garreth Campbell, project inspector,
and myself walked the entire project making note of every referenced deficiency and the method
to correct that deficiency. I then summarized that meeting in a letter back to Accessology on
November 21, 2003. In that letter I requested a variance for numerous items associated with the
original review. I did not receive any response from Accessology. It was my impression that
they were working for TDLR and could rule on variances. It was only later that I discovered that
any variance request takes a different format directly thorough TDLR for review. It was also at
that time that I discovered that there were no more available extensions for the project and the file
would be turned over for enforcement on January 29, 2004.
During the preceding months, I had been reviewing the law associated with the Texas
Accessibility Act from the early 1990’s and it was my opinion there was a requirement on the
design engineer’s part to submit plans for review. The plans were never submitted to the State for
review in the early 1990’s and were only submitted to the State for review when I inquired about
the status of the review in 2001. I then began meeting with representatives of Kimley-Horn
concerning their responsibility in not submitting the plans. Their initial response was that it was
the City’s responsibility in 1991 and that it did not become a design engineer’s responsibility
until early 2000. The executive vice-president for Kimley-Horn quoted excerpts from House Bill
39, as approved in the 2nd called session of 1991, as documentation that he was correct that the
plans should have been submitted by the City, not by the consultant. He also stated that it did not
become the consultant’s responsibility to submit plans until Senate Bill 484 was approved in
2001.
Because he was only quoting excerpts from approved house bills, I contacted the State of Texas
to obtain the actual House Bill 39 as approved in 1991. House Bill 39, from 1991, required the
design consultant to submit plans to the State for review, not the City. Specifically, House Bill 39
stated that plans and specifications should be submitted to the department by the architect or
engineer who has overall responsibility for the design of the constructed or reconstructed
building. The same house bill states also that the only time the owner shall submit plans and
specifications to the department is if there is no architect or engineer with that responsibility. I
again contacted Kimley-Horn to state that it was my opinion that they had responsibility in this
issue. Kimley-Horn’s representative then tried to convince me that I was the design engineer for
the project and as such it was my responsibility. Once again, the State of Texas confirmed that
the design engineer or the engineer for the overall responsibility for the project is the person that
seals the plans not the person that has oversight over the project. The plans were designed and
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
sealed by Kimley-Horn, therefore, they were the design engineer and they were responsible for
submitting plans to the State.
Once we got past that issue, Kimley-Horn was much more agreeable to meet to discuss financial
responsibility on the project. Several of the deficiencies on the project were out right design
errors and several were problems with our details for curb ramps. After several telephone calls
with representatives from Kimley-Horn, they have committed to contributing $35,000 to this
project to correct the deficiencies. Also, the original contractor Ed Bell Construction Company
has looked at the deficiencies and reviewed their work in the field and has noted several locations
where they have committed to remove and replace constructed ramps at their cost.
There is still a cost to the City to bring about this completion and a portion of that cost is driven
by our incorrect details from the early 1990’s and the fact that the ramps need to have
differentiation in color from the adjacent streets and sidewalks.
While it seems that there has been a long time elapsed from the beginning to nearing conclusion
of this resolution, there have been meetings, telephone calls, letters, and research to get to this
point. The point we are at today is that on March 19, 2004 the TDLR issued their final letter
stating that the City had 90-days to correct all deficiencies or this would be turned over to
enforcement. The 90-days expires on June 16, 2004. While enforcement may have the ability to
grant some variances or relax some rules and regulations, they also have a right to begin issuing
fines from day one.
Therefore, staff recommends approval of Change Order #9 to the Sandy Lake Road project #ST
93-02 to Ed Bell Construction Company to meet ADA requirements for the completion of the
project. Staff will be available to answer any questions at the Council meeting.
CITY OF COPPELL
CHANGE OR EXTRA WORK ORDER
PROJECT: SANDY LAKE ROAD PROJECT # ST 93-02
CONTRACTOR: ED BELL CONSTRUCTION COMPANY
OWNER: CITY OF COPPELL
CHANGE ORDER: #9 DATE: 04/30/04
Item Quantity Unit Description Unit Price Total Price
ADD: ADA Modifications
1 LS 4.3.7 Accessible Routes/ Slope 44,614.78 $44,614.78
1 LS 4.7.2 Curb Ramps / Slope 8,769.72 8,769.72
1 LS 4.7.4 Curb Ramps / Surface 17,100.00 17,100.00
1 LS 4.27.2 Clear Floor Space 530.00 530.00
1 LS Barricades, Signs & Traffic Handling /10 Days 500/per
day
5,000.00
1 LS Message Boards for Rework 2 @ 1 mo. 5,412.50 5,412.50
1 LS Staking/Layout/Slope Verification /40 hrs 95/hr 3,800.00
Subtotal $85,227.00
ADD: Concrete Collars for connections between storm sewer lines
8 EA Concrete Collar for 21” RCP 400 $3,200.00
1 EA Concrete Collar for 24” RCP 445 445.00
8 EA Concrete Collar for 36” RCP 530 4,240.00
Subtotal $7,885.00
ADD: Conduit for TXU Electrical Feeds
80 LF Bore Conduit (TXU Feed) 18.75 $1,500.00
1 EA Install Pull Box (TXU) 300.00 300.00
Subtotal $1,800.00
Net Increase $94,912.00
TOTAL CHANGE ORDER #9 $94,912.00
Previous Contract Amount $9,917,162.70
Total Change Order #9 $94,912.00
Revised Contract Amount $10,012,074.70
Net Increase in Contract Time of Completion N/A
Revised Contract Time of Completion 1067 Days
The contractor hereby accepts this contract adjustment as a final and complete adjustment in
full accord and satisfaction of all past and future liability originating under any clause in the
Contract by reason for this revision to the Contract.
________________________________________
Recommended by City Engineer Date
________________________________________ _______________________________________
Accepted by City of Coppell Date Agreed to by Contractor Date