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DR8902-AG 891212 ~..o, ,.: CITY COUNCIT. lligg~I~ December 12, 1989 ,~ llO.~ ~'"' ITEM CAPTION: Review, consideration amd final acceptance of the Bethel Road/Pelican drainage and the Warren Court paving improvement, s, of the fund pay~applic~ion in the amount of St BMI~ BY. ,s Signature) ' Y(Dtrector ' ~ ~.: Ginn, Inc., Project Eng. ~UA~ION OF I~: ~: 11/20/89 F See attached data and documents for detailed information. Ginn, Inc. Consulting Engineer / design and construction supervision engineers for these projects recommend acceptance and approval (see attached). STAFF RECCbIFENDS APPROVAL. Ginn, Inc. has monitored the project from the design phase to the completion of the construction. Staff has received all related contract documents. Based on the information provided, staff sees no reason to object to the consultant's recommendation and therefore concurs with that : recommendation to accept these improvements and approve the final payment. Project Representatives from Ginn, Inc. will be present at the City Council meeting to answer-any questions. BUDGET ~T.: $89.239.00 AMT. ESTIMATI~D: .~17,473.q0 AI~. +/- ~]I)~: -0- ~--~._ CO~S: ~I~ ~I~W ~: lhe total contract amount is $89,239.00. We have paid $71,765.10 to date. This leaves a balance of $17,473.90. -: ',f,, -. -... :..;.-....~, /~..,.)~ "-~ / ~ . ' .- .. .' .: ,-.'.{~-'.'. ' ) , / · - ........ --:...;~,': ' /; : LEC,~L ~r~ ~Y:c - ..?~ ~'~I~,~ ~' AGF.~IDA P.F..Q lm~)RM / .-"'; / .' .... !.~ 0588DS -' ,- U-' '~: ' "ti- ':' -.-".:"~ present and stated that the business owners would be notified prior to moving of these signs. Councilman Thomas requested that staff approach FDIC about taking down the sign in front of the old Metropolitan Bank Building. Following discussion on this item, Councilman Cowman moved to $6,500.00 be approved to fund the relocation of sign, shrubbery and trees to improve site visibility along Denton Tap Road. Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton, Smothermon, Co-man, Robertson and Nelson voting in favor of the motion. Item 32: Discussion, consideration of approval of entering into an agreement with Evaluation Associates to do a thoroughfare enhancement study on Denton Tap Road in the amount (not to exceed) $42,000.00. Deputy City Manager/Finance Director Frank Trando made the presentation to the Council. Mr. Trando stated that this item is in conjunction with the Road Assessment Program on Denton Tap Road. Following discussion on this item, Councilman Robertson moved that the City enter into an agreement with Evaluation Associates to do a thoroughfare enhancement study on Denton Tap Road in the amount not to exceed $42,000.00. Councilman Thomas seconded the motion; motion carried 6-1 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion and Councilman Morton voting against the motion. Item 33: Discussion, consideration of authorizing City Manager and City Attorney to proceed with negotiations or condemnation proceedings, as required, for securing ROW for MacArthur Boulevard extension north from its northern terminus to connect to MacArthur Boulevard within Vista Ridge north of Denton Creek. Following discussion on this item, Councilman Thomas moved that the City Manager and the City Attorney be authorized to proceed with negotiations or condemnation proceedings, as required, for securing ROW for the MacArthur Boulevard extension. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. CONSENT AGENDA Item 34A: ~iscussion, consideration of an escrow agreement from Exxon Corporation in lieu of their obligation to construct their portion of Sandy Lake Road improvements. B: Discussion, consideration of an ordinance for Case ~'s S-1021, S-1023 and S-1024, to change the zoning designation from (R) Retail, to (R-SUP) Retail Special Use Permit, on a parcel of land located at the southeast corner of East Beltline Road and South Beltline Road, and authorizing the Mayor to sign. C: Discussion, consideration of approval to authorize the City Manager to develop a concept formula for sharing in capital cost of the natatorium and providing information to the Recreational Facilities Bond Committee. D: Consideration and adoption of an ordinance abandoning an existing drainage easement for a new document granting the City a 15 foot drainage easement, and authorizing the Mayor to sign. PAGE 12 OF 14 E. Discussion, consideration of a contract allowing Maxim Engineers, Inc. to perform underground fuel storage tank site assessments at 616 Coppell Road, (First Station #1), 1515 W. Bethel (West Service Center) and 732 Deforest (North Service Center) at a cost of $2,450.00. F. Review, consideration and final acceptance of the Bethel Road/Pelican drainage and the Warren Court paving improvements, and approval of the fund pay application in the amount of $17,473.90. G. Consideration of approval of entering into an agreement with TU Electric to provide dual service to the Village Parkway Pump Station in the amount of $67,876.00. H. Consideration of approving a resolution authorizing the purchase of two copier machines under the State of Texas Purchasing and General Services Commission and authorizing the Mayor to sign. I. Consideration for awarding of bid to Citizens' Advocate for designation of official newspaper. Item number 34-E was pulled from the Consent Agenda and considered as a separate item. Councilman Morton then moved that the remainder of the Consent Agenda be approved with Item number 34-B carrying Ordinance number 297-A-72, Item number 34-D carrying Ordinance number 89-462 and Item 34-H carrying Resolution number 121289.1 and the Mayor be authorized to sign the necessary documents. Councilman Cowman seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 34E. Discussion, consideration of a contract allowing Maxim Engineers, Inc. to perform underground fuel storage tank site assessments at 616 Coppell Road, (First Station #1), 1515 W. Bethel (West Service Center) and 732 Deforest (North Service Center) at a cost of $2,450.00. Deputy City Manager/Finance Director Frank Trando stated that the funding of this item represents a total of $6,700.00 rather than $2,450.00 as stated in the posted caption. Following discussion on this item, Councilman Robertson moved that funding in the amount of $6,700.00 be approved on this project. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. EXECUTIVE SESSION (Closed to the public) ES-2 A. Article 6252-17, Senate Concurrent Resolution Number 83; discussion with City Attorney concerning matters involving privileged communication between Attorney and client: 1. MacArthur ROW acquisitions. 2. To receive from the City attorney information concerning Council's legal position in regard to Council's response to the DART Petitioners' Committee's request. 3. Report on SBS Concession Stand at Brown Park. The City Council convened into Executive Session at 11:24 p.m. on Tuesday, December 12, 1989 as allowed under the above stated article. Mayor Wolfe adjourned the Executive Session at 12:15 a.m. on Wednesday, December 13, 1989 and opened the public session. PAGE 13 OF 14 CONTRACTOR'S AFFIDAVIT FOR ALL BILLS PAID S.Y.B. CONSTRUCTION CO., INC. certifies that it has fully paid for all work, labor, services, materials and equipment provided to it in connection with the following project Bethel/Pelican Drainage Improvements except for the following: (if none, state "NONE" below) NONE CONTRACROR S.Y.B. CONSIRUCTION CO., INC. Date October 30, 1989 Witness7 ~ STALE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day, personally appeared Shirley Y. Bennett , known to me to be the person whose name is subscribed to the foregoing instrument, and, having duly sworn, affirmed that the statements in the foregoing instrument are true and correct. GIVEN UNDER b~ HAND AND SEAL OF OFFICE, this 30th day of Oct. , 19 89 My commission expires'/'~~ -~'~ (Seal) WARRANTY OF CONSTRUCTION Pursant to the Contract between S.Y.B. CONSTRUCTION CO.,INC. (Contractor) and CITY OF COPPELL (Owner) dated July 17,1989 for the construction of BETHEL SCHOOL ROAD/PELICAN LANE DRAINAGE IMPROVEMENTS , Contractor hereby guarantees all work performed under the contract and shall remedy at its own expense any failure or the work to conform to the contract plans and specifications and any defect of material and/or workmanship in the work for a period of one year after final acceptance by Owner. CONTRACTOR Date: October 30, 1989 THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned a~thority, on this day personally appeared Shirley Y. Bennett , known to me to be the person whose name subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30th day of October ,19 89 (SEAL) Not My commission expires WAIVER OE LEIN TilE STATE OF TEXAS COUNTY OF TARRANT The undersigned having [urnished labor, material or other goods and services in connection with construction of improvements on the premises (the "Subject Property") of CITY OF COPPELL, OWNER - GINN, INC.,ENGINEERS Bethel/Pelican Drainage Improvements provided by SYB Construction Co,Inc. hereby acknowledges that said labor, material, goods or services were performed or furnished, and that full payment has been made for same. Accordingly, the undersigned does hereby WAIVE,RELEASE and DISCttARGE any lien or claim that it might have against the Grantor and/or the Subject Property and improvements under and by virtue of the laws of the State of Texas or otherwise, as a result of the furnishing of such labor, material, or other goods and services. The executionof the instrument is without prejudice, however, to any liens or claims which the undersigned may have as a result of furnishing any labor, material or other goods and services to the Grantor or the Subject Property after the Waiver Date. WITNESS TilE EXECUTION HEREOF, this 30th day of October , 1989 - Shirley Y. Bennett - President Name & Title THE STATE OF TEXAS * COUNTY OF TARRANT ~ This instrument was acknowledged before me this 30th day of October , 19 89 by Shirley Y Bennett of SYB Construction Co., Inc. for and on behalf of said corporation. (SEAL) Charlene Duelin~ Notary Name Printed or Typed