ST9302-CS040224 T H E , C I T Y 0 F
CO PPELL
February24,2004
Jeff James, P.E.
Kimley-Hom and Associates, Inc.
801 Cherry St., Suite 1100
Fort Worth, TX 76102-6803
RE: Sandy Lake Road ST 93-02
Dear Mr. James:
The City of Coppell has been in contact with the State on accessibility issues associated with Sandy
Lake Road since mid-2001. You may recall that the State provided Kimley-Hom a letter of
deficiencies on July 3, 2001 and that you responded to the City concerning those deficiencies in
February 2002. We have been working with the firm, Accessology, since December 2002 to
attempt to resolve the accessibility issues. In working with the original contractor on the project,
Ed Bell Construction Company, we have reached a point where we can resolve most of the issues
associated with the deficiencies such as: curb ramps, slopes, color contrasting between curb ramp
and pedestrians ramps, and clear floor space for pedestrian buttons.
However, the deficiencies with the accessible routes are more difficult to resolve. It appears most
of the accessible routes were constructed in conformance with the design plans; however, the plans
were not designed in conformance with the Texas Accessibility Act.
Specifically, I am mfenfing to the accessible routes at the following locations:
· Heatherglen;
· Simmons;
· Mapleleal; 'r
· Raven;
· Driveways to the shopping center on the southeast side of Sandy Lake Rd./Moore Rd.; Z.
· Driveway to the Lutheran Church on the north side of Sandy Lake Rd.; i
· Driveways to the shopping center on the southeast comer of Denton Tap Rd./Sandy Lake Rd.
The accessible routes associated with these driveways and streets were not designed to provide for a
2% cross-slope along the accessible mute. To correct those problems, substantial portions of the
roadway intersections will need to be removed and replaced.
The City's original design contract with Rady and Associates was entered into June 22, 1993.
Section 2.1.1. of the contract states that the Engineer, currently Kimley-Horn, is the City of
Coppell's professional engineering representative for the project. Section 2.2.2. noted that the
Engineer was required to make site visits during construction and Section 2.2.3. stated the Engineer
was to note any defective work during site visits and bring it to the City's attention. Also, Section
2.2.11. stated that the Engineer was to provide an inspection to determine if the work was complete
and if the completed work was acceptable prior to the finaling of the project by the City of Coppell.
To date, we have not finaled this project, but also to date, Kimley-Hom has not provided a
recommendation on the finaling of the project. Also, there is no documentation in our records that
during site visits Kimley-Hom noted any deficiencies associated with the accessible routes.
The contract between the City of Coppell and Kimley-Hom and Associates, Inc. clearly established
Kimley-Hom as the Engineer for the project. Section 6.9.1. of the contract discusses the standard
of care that Kimley-Hom was to provide as the City of Coppell's prime design professional and
engineering representative for the project. As I am sure you are well aware, the Architectural
Barrier Act requires that the Engineer responsible for the plans and specifications and the overall
responsibility for the design of the facilities shall submit plans and specifications for review. You
may recall that Kimley-Hom did not submit the plans to the State for review. In April 2001, I
contacted Kimley-Hom concerning the review by the State of the ADA issues. Subsequent to that
conversation, it was determined that the plans had never been submitted for review and at that point
I inquired as to whether or not an exemption could be obtained for the project.
The plans were finally submitted to the State for ADA review in May 2001; and in July 2001
Kimley-Hom received the review letter from TDLR that noted potential deficiencies. At that point
in time, almost all street paving had been constructed, all alley paving and driveway paving was
constructed and approximately 40% of the sidewalks and pavestones were constructed. Again, as
best as can be determined, the accessible routes between the curb ramps on the aforementioned
streets and driveways were constructed per the design by Kimley-Hom.
I contacted Kimley-Hom in January 2002 to state that the City was still waiting on a response from
Kimley-Hom concerning the prior letter from TDLR noting deficiencies in the design. On February
7, 2002, the City received the response from Kimley-Hom. At that time, the project was basically
100% complete.
As I previously stated, we are attempting to resolve the ADA issues and work toward a final
acceptance of this project. To that end, I am requesting that Kimley-Hom respond to us as to why
the plans were not designed in accordance with the Texas Accessibility Act and why the plans were
~l:~*'h/~never submitted to the State for review until the construction was nearly completed. Also, because
v~c:C~he plans were designed in violation of the Texas Accessibility Act, I am also seeking to determine
Kimley-Hom's position on rectifying the incorrectly designed and constructed components of the
project. ~
All extensions with the State for this project have been exhausted. It is currently at the State
waiting on their final resolution and/or the beginning of any fines on the project. With this letter, I
am providing you a copy of correspondence from the contractor noting the items of which they are
willing to correct as deficiencies in their construction. Also, the correspondence from the
contractor notes items of which they are providing a cost to the City to bring into compliance.
These mainly concern the staining of the ramps.
Please contact me at your absolutely earliest convenience so that we can begin the resolution of this
issue.
Sincerely, /~)
Kenneth M n~ffin, P.E.
Director of Engineering / Public Works
Office 972/304-3686
Fax 972/304-7041