ST9302-AG040430COPPELL
AGENDA REQUEST FORM
DEPT: Engineering Dept.
DATE: April 30, 2004
ITEM #:
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.
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.
FINANCIAL COMMENTS:
Agenda Request Form ~ Revised 02/04 Document Name: #Sandy Lake Change Order- I AG
CITY OF COPPELL
CHANGE OR EXTRA WORK ORDER
PROJECT:
CONTRACTOR:
OWNER:
CHANGE ORDER:
SAND Y LAKE ROAD PROJECT # ST 93-02
ED BELL CONSTRUCTION COMPANY
CITY OF COPPELL
#9 DA TE:
04/30/04
Item J Quantity] Unit I Description
ADD: ADA Modifications
I 1 / LS [ 4.3.7 Accessible Routes/
Slope
' I [ La I 4.7.2 Curb Ramps / Slope
1 ]LS [ 4.7.4 Curb Ramps / Surface
I p LS I 4.27.2 Clear Floor Space
1 / LS / Barricades, Signs & Traf, fic Handling/10 Days
1 1 LS ] Message Boards for Re,~ ork 2 ~ 1 mo.
1 ] ES [ Staking/Layout/Slope Verification/40 tu's
[ / Subtotal
ADD: Concrete Collars for connectious between storm sewer lines
~ 8 EA Concrete Collar for 21" RCP
1 EEAA Concrete Collar for 24" RCP
8 Concrete Collar for 36" RCP
Subtotal
ADD: Conduit for TXU Electrical Feeds
80 LF Bore Conduit (TXU Feed)
I EA Install Pull Box (TXU)
Subtotal
Net Increase
[ UnitPrice I TotalPrice
44,614.78 $44,614.78
8,769.72
17,100.00
8,769.72
17,100.00
530.00 530.00
500/per 5,000.00
day
5,412.50 5,412.50
95/hr 3,800.00
$85,227.00
400 $3,200.00
445 445.00
530 4,240.00
$7,885.O0
18.75 $I,500.00
300.00 300.00
$1,800.00
TOTAL CHANGE ORDER #9
$94,912.00
$94,912.00
Previous Contract Amount
Total Change Order #9
Revised Contract Amount
Net Increase in Contract Time of Completion
Revised Contract Time of Completion
$9,917,162.70
$94,912.00
$10,012,074.70
N/A
1067 Days
The contractor hereby accepts this contract adjustment as a final and complete adjustment in
full accord and satisfactiou of all past and future liability originating under any clause in the
Contract by reason for this revision to the Contract.
Rec/o m m"~/~ ~~y E n gin ee r
AccepCff-C'~y City of Coppell
Date
Date Agreed
Contractor
Date
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To.'
From:
Date:
RE:
Mayor and City Council
Kenneth M. Griffin, P.E., Director of Engineering/Public Works
April 30, 2004
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 role 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-Hom 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 sealed by
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
Kimley-Hom, 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. Staffwill be available to answer any questions at the Council meeting.
"CITY OF COPPELL ENGINEERING. EXCELLENCE BY DESIGN"
Kimley-Horn
and Associates, Inc.
April 27, 2004
Kenneth M. Griffin, P.E.
Director of Eugiueering/Public Works
City of Coppell
P.O. Box 9478
Coppell, TX 75019
Via Facsimile and Mail ·
972-304- 7041 S~ite ~ 800
12700 Park Cestral Drive
Dallas, Texas
75251
Re: Sandy Lake Road Accessibility Issues
Dear Mr. Griffin:
Tile purpose of this letter is to confirm the agreement you and 1 reached
yesterday regarding the resolution of all accessibility issues associated with the
Sandy Lake Road project. We have agreed that Kimley-Horn will pay $35,000
in exchange for a full release of all liability fi'om tile City related to any costs or
liability the City may have in connection ~vith any accessibility issues oil this
project. We will provide you with a proposed release in the near future.
If this letter is not consistent with your understanding of our agreement, please let
me know immediately.
Thank you for your assistauce in getting this ~natter resolved.
Sincerely,
KIML~/'~ORN AND~SSOCIATES,
Executive Vice President
INC.
DLB/drh
TEL 972 770 1300
FAX 972 239 3820
TELEPHONE 214-358-6581
ED BELL CONSTRUCTION COMPANY
POST OFFICE BOX 540787 10605 HARRY HINES BLVD
DALLAS, TX 75354-0787 DALLAS, TX 75220
April 21, 2004
FAX 214-352-3201
Mr. Kenneth M. Griffin, P.E.
Director of Engineering and Public Works
CITY OF COPPELL
City of Coppell Town Center
255 Parkway Boulevard
Coppell, TX 75019-4409
Sandy Lake Road Reconstruction
Coppell Project #: ST 93-02
Barrier Free Ramps Issue Resolution
Dear Mr. Griffin;
Attached please find a proposal for the resolution of the issues associated with the barrier free ramps and
accessible routes on the referenced project.
We propose to begin the items of work within one calendar week of the effective date of an executed
agreement. We will prosecute the items to be paid for, as well as the items we have assumed
responsibility for, on a daily basis until completion. We anticipate meeting your Mid-June deadline, but
are unable to contractually commit to that deadline.
If you have any questions, please do not hesitate to contact us.
Sincerely,
ED BELL C~
NSTRUCTION COMPANY
EQUAL OPPORTUNITY EMPLOYER
TELEPHONE 214-358-6581
ED BELL CONSTRUCTION COMPANY
POST OFFICE BOX 540787 10605 HARRY HINES BLVD
DALLAS, TX 75354-0787 DALLAS, TX 75220
April 21, 2004
FAX 214-352-3201
Mr. Kenneth M. Griffin, P.E.
Director of Engineering and Public Works
CITY OF COPPELL
City of Coppell Town Center
255 Parkway Boulevard
Coppell, TX 75019-4409
Sandy Lake Road Reconstruction
Coppell Project #: ST 93-02
Proposal for Construction of Barrier Free Ramp Corrections
We propose to furnish the necessary labor, equipment, tools, materials, and incidentals required to
complete the modifications to existing construction for the Sandy Lake Road Project as delineated in the
attached letter of resolution dated Febmary 17, 2004, and in accordance with the attached schedule of
values for payment. Items with a blank in the cost column are being assumed by EBCC.
Payment shall be made at the completion of the work, estimated to occur in the month of June,
2004. Coppell agrees to make payment for said work within 21 calendar days of notification of
completion by EBCC personnel and approval by the Engineering Department.
Item 7a of 4.3 Accessible Routes (4.3.7 Slope), Items 3 and 4 of 4.7 Curb Ramps (4.7.2 Slope),
and Item 19 (East) of 4.7 Curb Ramps (4.7.4 Surface) are quoted as unit price work, as well as
all of the items in 4.27.2 Clear Floor Space. Each location shall be measured, agreed upon and
constructed. Measured quantities will be billed at the unit price stated (February 17, 2004 letter).
In our proposal, we have excluded the following items of work: 1. Relocation or support of existing utilities.
2. Night, weekend or overtime work.
3. Removal or remediation of"hazardous materials".
4. Payment of inspection fees or testing costs for this work.
Steven Pr~
President
April 20, 2004
)NSTRUCTION COMPANY
The effective date of this agreement shall be:
CITY OF COPPELL
By:
Title:
Date:
EQUAL OPPORTUNITYEMPLOYER
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FAX (214) 352-3201 TELEPHONE (214) 358-6581
ED BELL CONSTRUCTION COMPANY
POST OFFICE BOX 540787 10605 HARRY H~NES
DALLAS, TEXAS 75354-0787 DALLAS, TEXAS 75220
December 26, 2002
Mr. Kenneth M. Griffin, P.E.
Director of Engineering and Public Works
City of Coppell
255 Parkway Blvd.
Coppell, Tex as 75019-4409
Re:
Sandy Lake Road Reconstruction
Coppell Project #: ST 93-02
Kimley-Horn Project #: 06940600
DWU Project #: 98-311F
Dear Mr. Griffin:
During installation of the storm sewer on the referenced project, the proposed storm sewer
system was modified at the direction of the City to accommodate utilization of the existing storm
sewer system. These modifications required the utilization of several additional concrete collars
for connections between storm sewer lines. As a result, EBCC submits the following items for
inclusion on the next change order:
Item IDescription Quantity Unit Price Extension
! CONCRETE COLLAR FOR 21" RCP 8.00 EA $400.00 $3,200.00
CONCRETE COLLAR FOR 24" RCP 1.00 EA $445.00 $445.00
CONCRETE COLLAR FOR 36" RCP 8.00 EA $530.00 $4,240.00
Total $7,885.00
Your attention regarding this matter is greatly appreciated. This work required an additional ten
(I0) calendm days tu c~m,plcte. If you have any question~ regarding this information, don't
hesitate to contact ()ur office.
Sincerely,
E~ C~is~i°n C°Inpany'
Robert D. Weber
Project Manager
AN EQUAL OPPORTUNITY EMPLOYER
FAX (214) 352-3201 TELEPHONE (214) 358-6581
ED BELL CONSTRUCTION COMPANY
POST OFFICE BOX 540787 10605 HARRY HINES
DALLAS, TEXAS 75354-0787 DALLAS, TEXAS 75220
December 30, 2002
Mr. Kenneth M. Griffin, P.E.
Director of Engineering and Public Works
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019-4409
Re;
Sandy Lake Road Reconstruction
Coppell Project #: ST 93-02
Kimley-Horn Project #: 06940600
DWU Project #: 98-311F
Dear Mr. Griffin:
Prior to demobilization from the referenced project, our electrical/traffic signal subcontractor was
required to provide an electrical feed and pull box for TXU. The feed was identified after
installation of the pavement; therefore, it had to be instaIled utilizing a bore. As a result, EBCC
submits the following items for inclusion on the next change order:
Item Description Unit Price
Quantity
Extension
BORE CONDUIT (TXU FEED) 80.00 LF $18.75 $1,500.00
INSTALL PULL BOX (TXU) 1.00 EA $300.00 $300.00
Total $1,800.00
Your attention regarding this matter is greatly appreciated. This work required an additional two
(2) calendar days to complete. If you have any questions regarding this information, don't
hesitate to contact our otfice.
Sincerely,
Robert D. Weber
Project Manager
AN EQUALOPPORTUNITYEMPLOYER