ST9304-CN 940426 AGENDA REQUEST FORM
The City With A Beautiful Future
CITY COUNCIL MEETING: April 26, 1994 ITEM
ITEM CAPTION:
Consideration and approval of the termination of the 1983 contract
entitled "Agreement for Engineering Services Public Improvements"
between the City of Coppell and Ginn, Inc. and authorizing the City
Manager to send notice of termination.
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Assistant City Manager/City Engineer INITIALS
STAFF COMMENTS:
See Attached Memo.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
Staff is seeking clarification/termination of the 1983 Ginn
contract so that Dallas County can award a contract for the design
of Beltline Road from Denton Tap to MacArthur Blvd.
BUDGET AMT.$ AMT. EST.$ +/- BUD:$
FINANCIAL COMMENTS:
FINANCIAL REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 1/94
MEMORANDUM
To: City Council and Mayor
From: Kenneth M. Griffin, P.E. Assistant City Manager/City Engineer
RE: Consideration and approval of the termination of the 1983 contract entitled
"Agreement for Engineering Services Public Improvements" between the City of
Coppell and Ginn, Inc. and authorizing the City Manager to send notice of
termination.
Date: April 18, 1994
This agenda item is brought forth to clarify the City's position with Ginn, Inc. in the future
design of projects under a 1983 contract between the City and Ginn, Inc. As Council is aware,
the alignment of Beltline Road has recently been resolved and the County will be letting a design
contract to design Beltline Road in its current location. There has been an opinion expressed
by Mr. Wayne Ginn that the City has a contract with him for the design of Beltline Road. In the
late 1980's, there was substantial negotiations between the City of Coppell, the City of Dallas,
Dallas County and Ginn, Inc. on realigning Beltline Road and authorizing Ginn, Inc. to perform
the design. That design would have been performed under his 1983 agreement. Because Dallas
County will now be funding the design, it is my understanding the County is choosing to utilize
a firm other than Ginn, Inc. To insure that the City has no contractual obligation to Ginn, Inc.,
for the design of Beltline Road, it is my opinion that the City should officially terminate the
agreement as outlined in the termination section by providing thirty days written notice.
Under the 1983 contract, authorization of services should include an ordinance of the City
Council in which the assignment is authorized and an appropriation of funds made. I have been
unable to find an ordinance authorizing Mr. Ginn to proceed with the design of Beltline Road.
However, to clear up any misunderstanding or any opinions of who may or may not have the
authority to design the project, it is my opinion that this contract should be officially terminated.
This agenda item is brought forth to gain approval for the City Manager to send a letter to Ginn
Inc. providing the thirty days written notice terminating the 1983 Contract. The letter will need
to be worded in such a way so that Mr. Ginn will continue to perform the services under the
Grapevine Creek Sewer Trunk Mains I and II contract. However, it should be explicit that the
City has no further contractual obligations under the 1983 Agreement. It is not the City's intent
to terminate Mr. Ginn's involvement in the Grapevine Creek Sewer Trunk Main but to only
clarify the City's position in future contracts in which it may be Mr. Ginn's opinion that he has
proprietary interest.
Staff will be available to answer any questions concerning this agenda item at the Council
meeting.
I. Consideration of a variance to the Subdivision Ordinance allowing the
plat for Lots 8 & 9, Block 1 Bid Cedar Addition to be submitted for
signatures after the expiration of six months from the City Council
approval.
J. Consideration and approval of the termination of the 1983 contract
entitled "Agreement for Engineering Services Public Improvements"
between the City of Copper and Ginn, Inc. and authorizing the City
Manager to send notice of termination.
K. Consideration and approval to award park furnishing items as
described in Bid #Q-0294-02 to the following vendors for a grand total
of $31,940.08.
1) Item gl - Playwell Group, in the amount of $510.00.
2) Items //2, 3, 6, 8, and 10 - All American Playworld, in the
amount of $20,747.12.
3) Items #4, 5, 7 and 9 - Modlin Recreation Equipment, Inc. in the
amount of $740.00.
4) Items #11 and 12 - Hunter Knepshield, in the amount $9,942.96.
L. Consideration and approval of awarding Bid No. Q-1094-03 for Fire
Department protective clothing as follows:
1) Award Item gl COAT in the unit price amount of $389.00 for
35" coat and $407.50 for 40" coat; Option gl not to exceed
$17.00; Option//2 not to exceed $4.65; 3" letters not to exceed
$0.80, and Option #3 not to exceed $13.75 to Ferrara Firefighting
Equipment Co., Inc.;
2) Award Item/f2 TROUSER in the unit price amount of $269.69
to Casco Industries, Inc.;
3) Award Item #3 BOOTS in the unit price amount of $71.45 to
Casco Industries, Inc.;
4) Award Item #5 PROTECTIVE GLOVES in the unit price
amount of $21.98 to Vallen Safety Supply Company; and
5) Award Item #6 PROTECTIVE HOODS in the unit price amount
of $13210 to Casco Industries, Inc. and
6) Reject all bids received for Item #4 BUNKER SUSPENDERS.
M. Consideration and approval to award a change order for the project at
Andrew Brown, Jr. Community Park, East to Rodman Excavation to
perform earthwork along the west side of the park; to provide
installation of a 400 amp. shut trip circuit breaker for the
concession/restroom building; to provid~ installation of six, four-inch
conduits for future expansion, and to provide repair to the overflow
gate infrastructure located north of Parkview Meadows in the total
amount of $14,604.00 and authorize the Mayor to sign.
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N. Consideration and approval of recommendations by the Parks and
Recreation Board to approve a tree trimming project at Hunterwood
Park, and initial improvements to the rings Park site utilizing up to
$10,000.00 in funding approved by Council on September 14, 1993.
O. Consideration and approval to amend Chapter 3, Section 3-1-12(E) of
the Code of Ordinances of the City of Coppell revising Subsection E of
the Daily Water Use Plan which outlines a water use plan for the City
of Coppell's water customers, providing for an effective date, and
authorizing the Mayor to sign.
See motion made prior to Item 8.
There being no further business to come before the City Council, the meeting was adjourned.
Tom Morton, Mayor
ATFF_.ST:
Dorothy Timmons, City Secretary
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MINUTES OF APRIL 26, 1994
The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 26,
1994 at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard,
Coppell, Texas. The following members were present:
Tom Morton, Mayor
Ron Robertson, Mayor Pro Tem
Peyton Weaver, Councilmember
Flo McFadden Stahly, Councilmember
Danny L. Watson, Councilmember
Mitch Reitman, Councilmember
Lanny Mayo, Councilmember
Jim Garrison, Councilmember
Also present were City Manager Jim Witt, Assistant City Secretary Linda Grau and City
Attorney Peter G. Smith. ·
REGULAR SESSION (Open to the Public)
1. Call to order
Mayor Morton called thc meeting to order and adjourned into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.074, Texas Government Code - Deliberation regarding
personnel matters.
1. Review of City Manager.
Mayor Morton convened into Executive Session at 6:03 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 6:20 p.m. and opened the Work
Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion of Woodridge Homeowners Association - Fence Issue.
B. Discussion of 1995 City of Coppell Woman of the Year.
Councilmember Reitman left the meeting following the Work Session.
REGULAR SESSION (Open to the Public)
4. Reconvene Regular Session
Page 1 of 5
5. Invocation
Councilmember Weaver led those present in a moment of silence and individual prayer.
6. Pledge of Allegiance
Mayor Morton led those presence in the Pledge of Allegiance.
7. Citizen's Appearances
A. Steve Houghton, 657 DeForest, spoke to the Council regarding the DeForest Lift Station
and expressed his hope that the odor problem can be resolved.
At this time, Mayor Pro Tern Robertson moved to approve Agenda Items 8, 10 and Consent
Agenda Items 15 A, B, C, D, E, F, G, H carrying Ordinance No. 94646, I, J, K, L, M, N and
O carrying Ordinance No. 94647, with the following entries: 1) the City Attorney enter into the
Woodridge Homeowner's Association Agreement for finalization; and 2) that Ann McNear and
Mary Evelyn Mobley be nominated as Women of the Year for 1994. Councilmember Garrison
seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and
Councilmembers Weaver, Stably, Watson, Mayo, and Garrison voting in favor of the motion.
8. Consider designating the City of Coppell 1994 Woman of the Year sponsored
by the Women's Charity Organization of the Metrocrest.
See motion made prior to Item 8.
9. Presentation of the results of the Voters' Survey conducted by Ray Turco &
Associates.
There was no presentation nor action take on this item.
10. Discussion and consideration of an agreement with Woodridge Homeowners
Association regarding fence reconstruction.
See motion made prior to Item 8.
11. Necessary Action rosulting from Executive Session.
NO action was necessary under this item.
12. City Manager's Report.
City Manager Jim Witt discussed a reconsideration of a zoning change in the northwest part of
Coppell, being Block 1, 2, 3 and 4 of the Sowell tract. A consensus was taken of Council to
authorize the City Manger to forward a letter to Planning and Zoning to reconsider the zoning
on this land to 1/2 SF-7 and 1/2 SF-9. Council was split with a 3-3 on the consensus and the
Mayor broke the tie with his favorable vote.
13. Mayor's Report.
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There was no Mayor's Report.
14. Liaison Reports.
Coun¢ilmember Stably announced that there would be a candidate's forum sponsored by the
Seniors Wednesday at the YMCA at 11:00 a.m.
Mayor Pro Tern Robertson stated that the salary surveys are in and they will be considered
during mid-year budget.
Mayor Morton reported that he and the City Manager had met with the representatives of the
D/FW Airport regarding the monitor site locations. There will be a formal presentation to the
Council on May 26th in Work Session by the D/FW Airport showing what the monitors will
look like and the locations.
CONSENT AGENDA
15. Consider approval of the following consent agenda Rems:
A. Consider approval of minutes: April 5, 1994
April 12, 1994
B. Consideration and approval of naming Monday, May 9, 1994 as
NATIONAL NURSES' DAY, and authorizing the Mayor to sign.
C. Consideration and approval of naming Saturday, May 7, 1994 as
ARBOR DAY, and authorizing the Mayor to sign.
D. Consideration and approval of naming the week of May 1-7, 1994 as
SMALL BUSINESS WEEK with the theme of SMALL BUSINESS:
BUILDING AMERICA'S FUTURE, and authorizing the Mayor to sign.
E. Consideration and approval of a proclamation naming the week of
May 2 through May 8, 1994, as "DRINKING WATER WEEK" in the
City of Coppeil and authorizing the Mayor to sign.
F. Consideration and approval of naming the week of April 25-29, 1994 as
PROFESSIONAL SECRETARY'S WEEK, and designating April 27,
1994 as PROFESSIONAL SECRETARY'S APPRECIATION DAY, and
authorizing the Mayor to sign.
G. Authorization to proceed with the design of a project to be known as
the Moore Road Parallel Sewer System Project//SS 94-01 to alleviate
capacity problems in the Lodge Road and Phillips Road Sanitary Sewer
System.
H. Consideration and approval of an ordinance amending Ordinance
92-$54 and Section 15-7-1 and 15-7-2 of the Code of Ordinances
revising the City of Coppell Standard Construction Details by including
Sheet SD25 entitled "Standard Construction Details - Hike and Bike
Trail - Park, Recreation and Open Space Master Plan Detail".
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~ Coppell, Texas 75019
~~ The City With A Beautiful Future 214-462-0022
May 16, 1994
Mr. H. Wayne Ginn, P.E.
Ginn Corporation
P.O. Box 796577
Dallas, TX 75379-6577
RE: Agreement for Engineering Services Public Improvements, City of Coppell, Texas and Ginn, Inc.
Consulting Engineers August, 1983
Dear Mr. Ginn:
While recently reviewing the referenced contract, it was noted that Section IV of the contract stated the
agreement shall be effective upon execution by the owner and the engineer and shall remain in force until
terminated under the provisions hereinafter provided in Section X. The contract itself was of a very
general nature and according to Section III, only specific projects that have been authorized by an
Ordinance of the City Council will be performed under this agreement. However, to clarify any
misunderstanding between the City of Coppell and yourself, the City Council has authorized the City to
terminate the referenced contract in accordance with Section X of the 1983 contract. The Council was
very clear that this in no way affects your current status in regards to the Grapevine Creek Sewer Trunk
Main Design Project. However, one of the reasons for the termination of the contract was to clarify that
the City does not have a contract with your firm for the design of the remainder of Beltline Road. I
understand Dallas County is in the process of awarding a design contract for that portion of roadway.
In summary, let me state the following:
1) This termination in no ways affects your current contract with the City of Coppell for design
services associated with Grapevine Creek Sewer Trunk Main Branches I & II.
2) The City of Coppell is terminating the 1983 agreement to make it very clear that we have no
contractual agreement with your firm for the design of Beltline Road from MacArthur Blvd.
to Denton Tap Road.
3) Any future projects that the City wishes to enter into with your firm for design purposes will
be on a contractual specific basis as opposed to a general contract all encompassing for current
and future projects.
If you should have any questions concerning this letter or need any additional information please feel free
to contact Ken Griffin, Assistant City Manager/City Engineer at 393-1016.
~Witt, City Manager
cc'.Ken Griffin, Assistant City Manager/City Engineer
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