ST9304-AG 880216.~3BI~i~$ION DEADLINE: 5:00-n.m. Monday - 8 Days Precedtn$"~ty Council Meeting'
Rev.: Effective 1/20/88
AGENDA REQUEST FOP. M
FOR CITY COUNCIL MEETING: February
REF/FILE NUMBER : Beltline Road Realignment Agreement -
Crow-Billingsley (L.Jackson File' #178 }
ITEM CAPTION : Discussion and Consideration of approval
II.
of an aqreement between the City of Coppell and ~row-B..~l.linq~e.¥
(a developer ~
III. ACTION RECOMMENDED
IV. REP. IN ATTENDANCE
A: STAFF -
NOTIFICATION TO
B: OTHER -
Tim House, Crow-Billingsley'
Wayne Ginn~ Ginn Inc.
m~m ~ouse. Crow-Billin~sley
Wayne Ginn, Ginn Inc.
VI.
METHOD OF CONTACT : Telephone
DATE : 2/11/88
FINANCIAL REVIEW : 1. BUDGETED ITEM
2. BUDGET AMOUNT
3. ESTIMATED AMOUNT FOR THIS ITEM
4. AMOUNT OVER OR UNDER BUDGET
5. LOW BIDDER RECOMMENDED
SOURCE OF FUNDING
CO'S OR BONDS
(Series or year authorized)
OPERATING BUDGET (Account NumBer)
OTHER
YES
NO
AGENDA REQUEST FORM
DMEMOI
APPROVED BY CITY MANAGER :
ITEM NUMBER J
: YES NO
ALFRED SALL~NGER
H. LOUIS NICHOLS
LAWRENCE W. JACKSON
TIM KIRK
ROBERT L. DILLARD III
ROBERT D. HEMPHILL
Mr. Alan D. Ratliff
City Manager
City of Coppell
P. O. Box 478
Coppell, Texas 75019
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner, Jack, Sallinger & Nichols)--~
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
{214) 954-3333
February 10, 1988
PRESTON CENTER OFFICE
8222 Douglas Ave. Suite 707
Dallas, T~xas 75225
~214) 692-1218
ROSERT L* D~LLARD. JR.
OF COUNSEL
Re:
Crow-Billingsley Belt Line Road Realignment Agreement
Our File No. 178
Dear Mr. Ratliff:
I am hand delivering this letter to Wayne Ginn's office so that he can attach to
the enclosed Agreement the new revised Exhibit "A" and get it to you for inclusion in
the agenda packet. Under this Agreement, the City is obligating itself to pay, or cause
to be paid, the design and construction costs for relocating the existing Dallas Power
& Light Company transmission lines from where presently located to the new proposed
location. This Agreement does n~ot provide a "cap" on the City's liability for such
costs, however, it is my understanding that Ginn, Inc., is to provide cost estimates for
all of the work to be done in regard to this Agreement.
I also wish to point out that this Agreement provides in Paragraph 10 that
construction will be commenced within two years from the date of the Agreement.
With these comments, I have approved the Agreement as to form.
Very truly yours,
LWJ/sb
Enclosure
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
By
,, C- /,. ¥ .. [ i//' ('r'~l/'f .*_,
/ ~wrenee W. ~aekson
ce: Ginn, Inc.
GINN, INC.
CONSI~LTING ENGINEERS
February 11, 1988
Mr. Alan D. Ratliff, City Manager
City of Coppell
P.O. Box 478
Coppell, Texas 75019
FEB 1 I 1989
CITY_MANAGER
Re: Belt Line Road Realignment as Proposed by Crow - Billingsley
Dear Mr. Ratliff:
We are enclosing herewith one copy of the proposed Agreement,
signed by Mr. Lawrence W. Jackson, with his original cover letter
transmitting same to you through this office. We are also
attaching fifteen blue line copies of Exhibit "A" to the
Agreement, and a copy of the estimated cost figures requested by
the City Council.
The Probable Estimated Costs included in the attached doCument
are very preliminary, and have been prepared without the benefit
of any preliminary engineering design. Please let me know if you
need any additional information.
s ~,n.c~r~ly,
H. Wayne Ginn, P.E.
City Engineer
Attachments
17103 Preston Road · Suite 100 · LB 118 · Dallas, Texas 75248 · Phone 214/248-4900
PROBABLE ESTIMATED COSTS
FOR ENGINEERING AND CONSTRUCTION OF
BELT LINE ROAD PAVING AND DRAINAGE IMPROVEMENTS
AS PROPOSED BY CROW-BILLINGSLEY
FROM MACARTHUR BOULEVARD TO MOORE ROAD
PREPARED BY GINN, INC.
FEBRUARY 10, 1988
I. Project Data
Total Estimated Construction Cost
of Paving, Drainage, Bridge, and
Channel Improvements
$2,700,000
Estimated Cost of Engineering and
Construction of DP&L Transmission
Line Relocation
$ 700,000
Estimated Design, Inspection and
Testing Fees
$ 263,250
TOTAL ESTIMATED PROJECT COST
$3,663,250
Total Belt Line Road Project Length
from MacArthur Blvd. to Moore Rd.
City of Coppell's Portion
Project Length
Crow-Billingsley's Portion
Project Length
! ..~ approx. 6,260 L.F.
' ~ " 3,320 L.F (53%)
II.
2,940 L.F.(47%)
Proration of Construction Costs for Belt Line Road and
Mockingbird Lane Extension
Belt Line Rd.
Paving & Drainge
TOTAL
$1,000,000
COPPELL
$530,000(53%)
CROW-Billingsley
$470,000(47%)
* Mockingbird Ln.
Extension
$ 700,000 $350,000* $350,000,
Belt Line Rd.
Bridge Over
Grapevine Ck.
$ 700,000 -0- $700,000
Channel Improv.
to Grapevine Ck.
$ 300,000 -0- $300,000
TOTALS $2,700,000 $880,000 $1,820,000
*If Tract A on Exhibit A is sold to Crow-Billingsley by Texas
Utilities, Crow-Billingsley will assume the full costs of the
Mockingbird Lane Extension including bridge x-2, intersection
improvements, and paving improvements.
III. Proration of Design, Inspection & Testing if Tract "A",
Exhibit "A" is not sold to Crow-Billingsley: ~
City of Coppell's Portion:
$880,000
$2,700,000
x $263,250 = $85,800
(Prorating with 1/2 Construction Cost of Mockingbird Ln. Ext.)
Crow-Billingsley's Portion:
$1,820,000
$2,700,000
x $263,250 = $177,450
(Prorating with 1/2 Construction Cost of Mockingbird Ln. Ext.)
IV. Proration of Design, Inspection & Testing Costs for Belt
Line Rd. and Mockingbird Ln. Extension if Tract "A", Exhibit "A"
is sold to Crow-Billingsley:
City of Coppell's Portion:
$530,000
$2,700,000
x $263,250 = $51,675
(Prorating without Construction Cost of Mockingbird Ln. included)
Crow-Billingsley Portion:
$2,170,000
$2,700,000
x $263,250 = $211,575
(Prorating with full cost of Mockingbird Ln. Ext.)
Cost Summaries
A. Coppell:
Estimated Construction
~ ~ Cost Belt Line Rd. &
Mockingbird Ln.
(from II)
Estimated Design,
Inspection & Testing
COsts
Estimated Cost of
Engineering &
Construction of DP&L
Transmission Line
Relocation
Worst Case Best Case
$880,000 $530,000
~1,
$ 85,800 · $ 51,675
$700,000 $700,000
$1,665,800
$1,281,675
Note: Coppell's costs have not been reduced by amounts to be
contributed by Dallas County, City of Dallas, or by assessments
of adjacent property owners (other than Crow-Billingsley).
Ve
Cost Summaries (cont'd.)
B. Crow-Billingsley:
With Tract "A"
Estimated Construct.
Cost of Belt Line Rd.
& Mockingbird Ln.
Grapevine Ck. Brdg.
& Channel Improvements.
(from II)
$2,170,000
Estimated Design,
Inspection & Testing
Costs
Without Tract "A"
$1,820,000
$ 211,575 $ 177,450
$2,381,575
$1,997,450
Note: The costs of any necessary Engineering Studies, Reports,
submissions and coordination with FEMA, the U.S. Army Corps of
Engineers, U.S. Fish & Wildlife Service or other Federal, State,
or Local Government entity required for the Channel Relocation,
Improvements, and Bridge Improvements for Grapevine Creek will be
born solely by Crow-Billingsley and are not included in any of
the estimated costs or fees included herein.
AGREEMENT
This Agreement is entered into as of the day of February, 1988, by
the CITY OF COPPELL, TEXAS, Dallas County, Texas (".City"), and CROW-BILLINGSLEY
MACARTHUR, LTD. and CROW-BILLINGSLEY BELT LINE, LTD. (collectively, the
"Developer").
The following recitals form the basis for and are a part of this Agreement:
RECITAL A. Developer is the owner and developer of a 132-acre tract located
south of Belt Line Road, west of MacArthur Boulevard, and east of North Lake generating
station, approximately 32 acres of which is within the existing city limits of Coppell.
Said tract is shown on Exhibit "A," which is attached hereto and made a part hereof.
RECITAL B. Developer desires to realign that section of Belt Line Road beginning
at point "B," on Exhibit "A," approximately 200 feet west of MacArthur Boulevard and
proceeding to the west boundary line of Developer's property, point "C," on Exhibit "A."
RECITAL C. The City has determined that given the Developer's construction
commitments described herein, the realignment of Belt Line Road as shown on Exhibit
"A" will benefit the City by reducing its share of construction costs and enhancing the
economic development potential of land within the City limits.
NOW, THEREFORE, in consideration of the mutUal covenants herein expressed
and the mutual benefits to be realized, City and Developer agree as follows:
1. DEVELOPER CONSTRUCTION COMMITMENTS. Developer shall have the
obligation for both construction costs and design costs for (a) Belt Line Road from its
existing intersection with MacArthur Boulevard to its proposed intersection with
Mockingbird Lane extended at point "C" on Exhibit "A"; (b) the Belt Line Road Bridge
over Grapevine Creek at point "X-I" on Exhibit "A"; and (c) Grapevine Creek channel
improvements from the Southern Pacific Railroad right-of-way at point "Y" through
Developer's property to point "Z" on Exhibit "A"; (d) Developer will not pay for the
relocation of Dallas Power & Light transmission lines.
2. OTHER DEVELOPER COMMITMENTS. Developer will also be responsible
for one-half of the design and construction costs of extending and improving Mockingbird
Lane, including the bridge over Grapevine Creek at point "X-2" and the intersection
with realigned Belt Line Road. Developer will voluntarily provide its share of funds at
the time of construction. In the event Developer acqUires the proper.ty generally shown
as Tract "A" on Exhibit "A," Developer will pay for one hundred (100)percent of such
design and construction costs.
3. CITY TO ACCEPT BELT LINE ROAD. City will at its expense provide
inspection of the construction of Belt Line Road and Mockingbird Lane extension. Upon
completion as per City specifications, City shall promptly obtain a certificate of
completion from its engineers and issue its certificate of acceptance and assume
ownership.
4. CITY TO RELOCATE DP&L UTILITIES. City shall be responsible for the
design and construction costs for the relocation of the existing Dallas Power & Light
Company (DP&L) utility lines, including all power transmission lines, service and other
CK88-0208 Page
lines, from where presently located to the proposed location as shown on Exhibit "A."
City will also be responsible for negotiating with DP&L and TU Electric for the relocation
of their lines to the new proposed right-of-way and the abandonment of the existing
right-of-way as shown on Exhibit "A." It is understood that DP&L at its sole discretion
may or may not agree to the power line relocation. In the event DP&L does not
approve the relocation, this Ag.reement shall not be binding on either party.
5. BELT LINE RIGHT-OF-WAY. Developer will dedicate at no cost to the
City the new right-of-way required for realigned Belt Line Road on its property, with
the understanding that the City shall cause to be abandoned to Developer or to DP&L
as the case may require, that portion of the existing Belt Line Road which will be used
for the construction of the Grapevine Creek improvements and will be required for the
new proposed right-of-way for the DP&L transmission lines. City will also abandon in
favor of Developer that part of existing Belt Line Road marked as Tracts "B" and "C"
on Exhibit "A".
6. DP&L RIGHT-OF-WAY. Developer shall donate at no cost to City or
DP&L, as the case may be, the right-of-way on its property required for the relocation
of the DP&L utility lines. The City shall endeavor to cause the abandonment of the
existing DP&L right-of-way and the deeding thereof to Developer at no cost to Developer.
City shall use reasonable efforts to assist, Coordinate, and facilitate this exchange of
right-of-way.
7. REIMBURSEMENT TO DEVELOPER. It is understood that Developer will
be constructing or paying the costs of construction for a portion of the proposed Belt
Line Road improvements which is not adjacent to their property, specifically that portion
of Belt Line Road lying between points "G" and "H" on Exhibit "A." Developer shall
be reimbursed on a pro rata basis from any pro rata payments received by the City
pursuant to any assessment program or other cost sharing agreement, this provision
specifically applying to that portion of Belt Line Road lying between points "G" and "H"
on Exhibit "A."
8. HOLD HARMLESS AGREEMENT. At the time of the execution of this
Agreement a determination has not been made between the parties as to whether
Developer will dedicate the proposed right-of-way for the realigned Belt Line Road so
that the City may let the construction contract or whether the Developer will contract
for the construction of the realigned Belt Line Road and thereafter dedicate the same
to the City. Provided, however, it is understood and agreed that in the event the
Developer contracts for construction of the realigned Belt Line Road, a portion of such
construction work will take place on, in and around the present existing Belt Line Road
and in such event, Developer agrees to defend, indemnify and hold harmless the City,
its respective officers, agents and employees from and against al1. damages, claims,
losses, demands, suits, judgments, and costs, including reasonable attorneys' fees and
expenses arising out of or resulting from such construction work, provided that such
damages, claim, loss, demand, suit, judgment, cost or expense:
Is attributable to bodily injury, sickness, disease or death or to injury to
or destruction of tangible property (other than the work itself), including
the loss of use resulting therefrom; and
e
Is caused in whole or in part by any negligent act or omission of Developer,
its contractor, or any subcontractor, or anyone direCtly or indirectly
employed by any one of them or anyone for whose acts any of them may
be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder.
CK88-0208 Page 2
That Developer shall require in its contract with any contractor a similar
indemnification agreement so indemnifying the City.
9. INSURANCE. The Developer shall, at its own expense, and shall require
any contractor at its own expense, to purchase, maintain and keep in force such insurance
as will protect from claims set forth below which may arise out of or result from
Developer's operations or Developer's contractor's operations, whether such operations
be by themselves or by any contractor or subcontractor or by anyone directly or
indirectly employed by any one of them, or by anyone for whose acts any of them may
be liable:
1. Worker's compensation claims, disability benefits and other similar employee
benefits acts;
2. Claims for damages because of bodily injury, occupational sickness or
disease, or death of his employees, and claims insured by usual bodily
injury liability coverages;
3. Claims for damages because of bodily injury, sickness or disease, or death
of any person other than their employees, and claims insured by usual
bodily injury liability coverages;
4. Claims for damages because of injury to or destruction of tangible property,
including loss of use resulting therefrom.
Before commencing any work, Developer and its contractor shall file with the
City valid certificates of insurance acceptable to the City. Such certificates shall
contain a provision that coverages afforded under the policies will not be cancelled
until at least fifteen (15) days prior written notice has been given to City.
It being understood and agreed that in the event Developer contracts for the
construction of realigned Belt Line Road, Developer and its contractor, shall, upon
commencement of said construction, assume all duties owed by the City to the general
public in connection with the general public's immediate approach to and travel through
the work site and the area adjacent to said work site.
10. TIMING. Because City may not have sufficient funds available to perform
immediately its construction obligations as described herein, the parties agree that the
City and Developer shall commence construction of the projects described in this
Agreement within two (2) years from the date of .the Agreement. The City shall
authorize engineers to proceed immediately with the design.
11. GENERAL. This Agreement shall be binding on and inure to the benefit
of the parties hereto, their successors and assigns. This Agreement constitutes the
entire Agreement between the parties and may not be contradicted, varied or
supplemented by proof of any prior or contemporaneous agreement, promise or
representation, whether written or oral.
12. NOTICE. Any notice given pursuant to this Agreement shall be in writing
and shall be effective when personally delivered, if delivered by courier or, if mailed,
three (3) business days after deposit in the United States mail, postage prepaid, certified,
CK88-0208 Page 3
return receipt requested. The addresses of the parties for receipt of notice are as
follows:
If to City:
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
If to Developer:
c/o Mr. Henry Billingsley
2001 Bryan Tower, Suite 3900
Dallas, Texas 75201
CITY OF COPPELL
By:
ATTEST:
Lou Duggan, Mayor
City Secretary
CROW-BILLINGSLEY MACARTHUR, LTD.
By:
Henry Billingsley
General Partner
CROW-BILLINGSLEY BELT LINE, LTD.
By:
Henry Billingsley
General Partner
The Coppell City Attorney has approved the form of this Agreement and represents to
Developer that this Agreement is a valid and binding obligation of City.
~6ppell) c~it~ '~r ey
CK88-0208 Page 4 ~