Number 03E�
AGENDA REQUEST FORM
CITY COUNCIL MEETING: April 26, 1994 ITEM
ITEM CAPTIONt
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 Ys Kennet M. Griffin, P.E.
TITLE: Assistant City Manager gineer
STAFF COMMENTS:
See Attached Memo.
STAFF RECOMMENDATION Approval X
EXPLANATION:
INITIALSi _
Denial
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. $ /i`4-
FINANCIAL COMMENTS:
FINANCIAL REVIEW
9wds Repot For® - Revised 1/94
AMT. EST.$
+/- BUD:$
CITY MANAGER REVIEW:
1 D10 M' 1
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.
AGREEMENT FOR ENGINEERING SERVICES
PUBLIC IMPROVEMENTS
Fire COPY
CITY OF COPPELL
TEXAS
AND
GINN, INC.
CONSULTING ENGINEERS
AUGUST 1983
SECTION IX (con't)
D. This entire Section IX providing for arbitration shall
survive the termination of this Agreement under any of its pro-
visions, and any controversy between Owner and Engineer existing
when the Agreement terminates shall continue to be subject to
arbitration hereunder.
SECTION X
TERMINATION
Either party to this Agreement may terminate the Agreement
by giving to the other thirty (30) days notice in writing. Upon
delivery of such notice by the Owner to the Engineer, and upon
expiration of the thirty -day period, the Engineer shall dis-
continue all services in connection with the performance of this
Agreement and shall proceed to cancel promptly all existing orders
and contract insofar as such orders or contracts are chargeable
to this Agreement. As soon as practicable after receipt of
notice of termination, the Engineer shall submit a statement,
showing in detail the services performed under this Agreement
to the date of termination. The Owner shall then pay the Engineer
promptly that proportion of the prescribed charges which the ser-
vices actually performed under this Agreement bear to the total
services called for under this Agreement, less such payments on
account of the charges as have been previously made. Copies of
all completed or partially completed designs, plans and specifica-
tions prepared under this Agreement shall be delivered to the
Owner when and if this Agreement is terminated, but subject to
the restrictions, as to their use, as set forth in Section VIII.
-19-
EXECUTED in two (2) counterparts (each of which is an
original) on behalf of Engineer by its President shown below,
and on behalf of Owner by its
ATTEST:
ATTEST:
-22-
CITY OF COPPELL
B
GINN, INC.
CONSULTING ENGINEERS
B
H. ne inn, P. E.
President
GIN N, INC. CONSULTING ENGINEERS
March 15, 1988
Mr. Alan Ratliff, City Manager
City of Coppell
Post Office Box 478
Coppell, Texas 75019
Re: Capital Projects
Dear Mr. Ratliff:
Due to recent changes in the scope, location, and magnitude of
several projects currently under design by our firm, it has
become necessary to establish new project numbers and close out
certain projects. The following is a brief breakdown and
description of the effected projects:
Denton Tap Road Improvements
This project was originally established as our Project #335.
Periodic billings have been based on an estimated construction
cost of $6.0 MM with a corresponding 6.25% design fee. As you
are aware, this project was split into two segments for bidding.
We have assigned Project #378 for the section of Denton Tap from
Belt Line Road to Sandy Lake Road. Billing for this project will
be based on the apparent low bid of $3,369,596 with a 6.6% design
fee. Since this segment is approximately 65% of the total
length, we have applied 65% of all previous charges and payments
for project #335 to project #378.
We have assigned project #379 for the section of Denton Tap from
Sandy Lake Road to Denton Creek. Billing for this project will
be based on the apparent low bid of $1,791,535.83 with a 7.2%
uesigii fee. Since this segment is approximately 35% of the total
length, we have applied 35% of all previous charges and payments
for project #335 to project #379.
Please note that the total design, contract administration, and
inspection fees have been lowered to reflect the actual bids for
each segment.
Belt Line Road - East /West
The east /west portion of Belt Line Road was originally
established as two projects. Project #333 was the segment from
Mockingbird Lane to the West Overflow Swale. Billing for this
segment was based on an estimated construction cost of $5.00 MM
with a 6.4% design fee. Design of this segment was 15% complete.
Project #334 was the segment of Belt Line Road from Denton Tap
Road to Mockingbird Lane.
17103 Preston Road * Suite 100 • LB 118 0 Dallas, Texas 75248 • Phone 214/248 -4900
The City of Coppell has made several changes in the scope and
magnitude of these projects. The design of Belt Line Road
improvements has been split into three segments; MacArthur to the
West Overflow Swale, Moore Road to MacArthur, and Denton Tap to
Moore Road. The subsequent realignment of these sections has
rendered the design efforts on projects #333 and #334 useless.
As a result, we are closing out these projects.
We have established three new project numbers to track the new
segments. Project #375 is the portion of Belt Line Road from
MacArthur to the West Overflow Swale. Billings will be based on
an estimated construction cost of $1.2 MM with a 7.3% design fee.
Project #377 is the re- aligned portion of Belt line Road from
Moore Road to MacArthur (Crow - Billingsly). This segment is
estimated to have a construction cost of $2.7 MM with a 6.7%
design fee. Project #382 is the segment of Belt Line Road from
Denton Tap to Moore Road. This segment is estimated to have a
$2.0 MM construction cost with a 6.9% design fee.
New Pump Station and Gr -und Storage Tank
In early 1986, we established project #319 for the proposed 4 MG
Sandy Lake Road Ground Storage Tank and project #320 for the
proposed Sandy Lake Road Pump Station. Design was begun on each
project. Periodic billings for Project #319 were based on an
estimated construction cost of $1.1 MM with a 7.5% design fee.
Billings for Project #320 were based on an estimated construction
cost of $1.0 MM with a 7.5% design fee. During 1986 and early
1987, we prepared preliminary designs and cost estimates for
eight possible site layouts/ locations. During this period, a
large quantity of time was also spent with the condemnation case
against Terra. In November 1987, the City Council voted to move
the proposed facilities to the site on Village Parkway. At that
time, all design efforts were begun anew based on the Village
Parkway site and its different design constraints.
We have established new project numbers to track the facilities
planned for the Village Parkway site. Project #380 is the
Village Parkway Pump Station. Its billings will be based on an
estimated $1.5 MM construction cost with a 7.2% design fee.
Project #381 will be the Villages Park-way Ground Storage Tank with
an estimated construction cost of $1.4 MM and a 7.3% design fee.
Please furnish the appropriate City account numbers for these
redesignated projects and we will be happy to include them on
future invoices for reference.
If you have any questions or need further explanation, please
feel free to contact us.
Sincerely,
H. Wayne Ginn, P.E.
SC /HWG
attachments
cc: Frank Trando
John C. Karlsruher
Sanford Case
�on:;ul l,in l Work Order
Date (`birch 1.5 1 �)g,4
`'0: Consultant Ginn, Inc.
ascription Of Proposed Project:
C i
Belt Line Road (Ii /lV) - I)esi r
Nn and contract administration of approximately 3250 Ll:
P of 6-lane divided concrete pavement rroiii Moore Road to
Ncllrthur Blvd, r incltulinc*
E water, storm drainal;e, and sanitary improvements as reciuired.
T
E
D
D
Y
Reference or Purpose of Project:
S
T Traff ies
A ic stud indicat that these 1 1142rOvem
F
F cast -1Ves aff' 1
Staff Contact: Alan D. Ratliff, c' r
i 17<y!(anlper
Authorization For Project:
ity Manager /Director Signature
Estimated Project Cost As Follows:
INumber of
(lours of Labor —N/A � Labor Cost $ WA
C Material
Cost $ N/A
o
Total Estimated Cost
$ 285,000
�f�
N Comments:
S
Phis
__ project has been previously authorized by City Council
__ ^_
U
T Estimated
A
Time Required to Complete Project: c�
_ months
N Project Manager:
T 9 _ .John C. Karlsruher P. P,. Telephone 0
(
214
Consultant's
Authorized Signature �
i
Project Number Assigned
I Funding Source:
F Fund
G/ L Account No.
Funding and Approval:
N
C Director of Finance
E
Ginn, Tnc. Job No. 377
Account Description
I
Date
�U115u1La1lL Work Order
Date March 15, 10%S
Consultant (lien, Inc.
scrip Lion Of Proposed Project:
i
Belt Line Road (f /lJ) - nesif-,n and contract administration Of approximately 6000 1.P
of 6 -lane divided concrete pavement from ►lentos Tap Road to Moore Road, inclndins*
water, storm sewer, and sanitary .improvements as redui.red.
1
f
Reference or Purpose of Project:
r Traffic studies indicate that these improvements are integral to handlinP future
- East -West traffic in Coppell.
Staff Contact: Alan D. Ratliff. Citv Mnnnnpr
thorization For Project:
Ly Manager /Director Signature
Estimated Project Cost As Follows:
Number of flours of Labor _ N/A Labor Cost $
Material Cost $ N/A Total Estimated Cost $ 220 000
Comments: _ This project has been previously authorized by City council
r Estimated Time Required to Complete Project: _ 6 months
Project Manager: _ John C. Karlsruher, P.E. Telephone 0 ( 2]4 ) 248
r
Consultant's Authorized Signature
Project Number Assigned
Funding Source:
F Fund G/L Account No.
I Funding and Approval:
V
n
N
C Director of Finance
Ginn, Inc. Job No.
Account Description
Date
382
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, 9, 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, Stahly, Watson, Mayo, and Garrison voting in favor of the motion.
Items 11, 12, 13 and 14 were considered at this time
8. Consider designating the City of Coppell 1994 Woman of the Year sponsored
by the Women's Charity Organization of the Metrocrest.
9. Presentation of the results of the Voters' Survey conducted by Ray Turco &
Associates.
10. Discussion and consideration of an agreement with Woodridge Homeowners
Association regarding fence reconstruction.
11. Necessary Action resulting 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.
There was no Mayor's Report
CM042694
Page 2 of 5
14. Liaison Reports.
Councilmember Stahly announced that there would be a candidate's forum sponsored by the
Seniors Wednesday at the YMCA at 11:00 a.m.
Mayor Pro Tem 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 items:
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 Coppell 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 -554 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 ".
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
CM042694
Page 3 of 5
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 Coppell 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 #1 - 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 #1 COAT in the unit price amount of $389.00 for
35" coat and $407.50 for 40" coat; Option #1 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 #2 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 $13.10 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 provide 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.
N. Consideration and approval of recommendations by the Parks and
Recreation Board to approve a tree trimming project at Hunterwood
CM042694
Page 4 of 5
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.
There being no further business to come before the City Council, the meeting was adjourned.
ATTEST:
Dorothy Timmons, City Secretary
Tom Morton, Mayor
CM042694
Page 5 of 5
MEMO
TO: Alan D. Ratliff, City Manager
FROM: Kenneth M. Griffin, P.E., City Engineer
SUBJECT: Floodplain Studies
DATE: July 16, 1992
On July 15, 1992, I received a letter from Ron Morrison concerning the review of the floodplain
studies for the City of Coppell. Mr. Morrison has been reviewing the studies as a subcontractor
to Kimley -Horn & Associates. Originally, our agreement was with Kimley -Horn & Associates
when Ron Morrison was an employee there. He branched off approximately a year ago with his
own firm and the City has continued to utilize Ron Morrison through Kimley -Horn. Because Mr.
Morrison has indicated he no longer wishes to serve in this capacity, with your consent, I will
be contacting Kimley -Horn to assess their ability and expertise in the field of floodplain study
reviews.
My previous informal conversations with John Maggiore of Kimley -Horn, has led me to believe
that they no longer wish to pursue the review of the floodplain studies. If that continues to be
the case, I will come forward at a later date with an agenda item to terminate the contract with
Kimley -Horn and to gain authorization to enter into either a contract on a permanent or
temporary basis with another firm which would have expertise in this area.
My long term goal is to bring the review of the flood studies in- house. However, giving the
current workload , at this time it is not feasible for Staff to give an in -depth review.
If you concur with this plan of action, please advise accordingly and I will proceed.
KMG/bd
ADRFLOOD
NVIHEMorrison Hydrology /Engineering, Inc.
520 Avenue H East • Suite 102 • Arlington, Texas 76011 • Metro (817) 640 -4554
July 14, 1992
Mr. Ken Griffen, P. E.
City Engineer
City of Coppell
255 Parkway Blvd.
P. O. Box 478
Coppell, Texas 75019
Re: Information Regarding Review of Floodplain Studies for the
City of Coppell
Dear Mr. Griffen:
As you are aware, Morrison Hydrology Engineering, Inc. has been
reviewing floodplain studies for the City of Coppell as a
subconsultant to Kimley Horn and Associates since March 1991.
Prior to that we completed these reviews as a Kimley Horn
employee.
Over the past year and a half we have reviewed two projects and
have not been considered for any other work for the city. As the
review consultant we have spent a great deal of time answering
questions and providing information to other consultants
completing projects in Coppell without any compensation. As much
as we appreciate the opportunity to work for the city, this has
not been cost effective.
If we could provide other services for the city or pursue private
development in the city and still provide this service, there
would be no problem. However, it is our understanding that no
consultant may work for the city and accept any work from
private developers. As a result we can no longer serve in this
capacity.
Page -2-
Mr. Griffen
Naturally, we would be happy to be of service on an 'as needed'
basis or on any city project that may arise. I'm sure you will
find our services both technically superior and economical.
Please let me know if we can be of further service.
Sincerely,
MORRISON HYDROLOGY /ENGINEERING, INC.
Ronald W. Morrison, P. E.
Senior Hydrologist
pm/copp.ltr
copy to Mr. John Maggiore, P. E.
Kimley Horn & Associates