Gibbs Station 2-ES 970815 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L. .
Attorneys & Counselors at Law
LAWRENCE W JACKSON 1800 Lincoln Plaza JOHN F ROEhM I~1
ROBERT L DILLARD III 500 North Akard JENNIFER cl DIETZE
ROBERT E HAGER Dallas, Texas 75201 JASON C. MARSHALL
PETER G SMITH
DAVID U. BERMAN (214) 965-9900
BRUCE A STOCKARD Fax (214) 965-0010 ROBERT L DILLARD, JR.
t~, LOUIS NICHOLS
CF CCUr4SE_
August 15, 1997
Mike Martin
Assistant City Engineer
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
RE: Coppell Escrow Agreement By and Between the City of Coppell, Texas and
Weekly Homes, I~P.
Dear Mike:
Enclosed please find an original and copies of the Coppell Escrow Agreement by and
between the City of Coppell, Texas and Weekly Homes, L.P. Please attach Exhibit to the
Agreement.
Thank you for your attention to this matter. If you have any questions in this regard,
please do not hesitate to contact me.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
Peter G. Smith
PGS/ttl
Enclosures
ss
P.O. BOX ,4.78
The City With A Beoutlful Future COPPELL, TX 75019
FAX NO. (972) 504-5570
T /T
£~ CIi'~ ££RI~ C DEPAN TMENT
FAX COVER SHEET
FIRM: PHONE NO.'
NUMBER OF PAGES (INCLUDING COVER SHEET) ~
' EXCELLENCE~
I~- YOU DO NOT F~-C[IV~- ALL OF T~ BY DE$IG
PAGES, PLEASE CALL (972) 504-;5679.
06×1~/97 14:59 CITY ~ COPPELL a CITY OF COPPELL N0.072 Q03
06/13/97 14:30 F&X 81' 3193~9 LE~ GROU~.I~C. ~002
City of Coppell
935 'Village Parkway
Coppell, Texas
PROJECT PROPOSAL
REPAm AREA
Village Parkway i5 Iocatcd in a rcsidentiaJ aze~. Thc ~ consists of PCC Concrete Pavement
with an integral curb and gutter section. A curb section of the street has sc~ed and water is
ponding.
Ur~ek USA, Inc. proposes to fill voids, ~abil/ze, ami lift the concrete pavemeut to re,tore
drainage.
MATERIAL. ESTIMATE
URETEK 4~6
AI~A (SF~ (LB)
935 Village Parkway 600 300 - 350
Work will ~ completed ~lin fo~ (4) bom. O~ thg ~a"~r r~ ~!! ~ bilked ~d
t~ ~c ~ usc thc
OUOTATION
L~RET~K 486 - l~Ainimuln Setul:, (Includes 500 lbs.) - $3,000
NOTE: Urctck USA~ Inc. cannot ascertain the amount of material; therefore, work will
not proceed beyond thc cs0matcd material amount without your permission.
Terms & Cond/t/ons
$oe~ificationz 1
· -- -- (URETEK) '
06/13/97 14:59 CITY ~ COPPELL a CITY OF COPPELL NO.0?2
TERMS AND CONDITIONS:
1. The Price includes all costs: mw material, l~avcl, labor, etc. LrR~TF, K, USA
will provide all electrical power.
2. The Cliem understands the URETEK Mothod involves drilling i/2 inch holes
through the pavement structure at 6 to 10 foot intervals and injecting the
URETEK 486 poly~ethane through the hol~ which then expands to raise the
pavement structure. All requixed cleanup will bc thc responsibility of URETEK,
USA. '
3. The Client will s~al cracks and joints, and provide saw cutting, if requit~:l.
4. URETEK, USA ,,viii provide tT~O contxol.
5. URETEK, USA carries general liability insurance which covers damages outside
the scope of the work. The Corr. pany is not tiable for damages to underground
utilities or other appurtenances which may result fi~m lit~g the slabs and will
not repair any such damages.
6. URETEI~ USA makes no reprcscmations and takes no responsibility for subsoil
conditions wb. ich could cause slab shifting in the future.
7. URI:.TEK, USA warrants that the materials will not shrink or dctcriorate for a
period of l 0 ycar~ from the date of completion of the job. During the warranty
period the Company will replace any materials which fail to pcrform az
warranted. This limited warranty supersedes any other warranties, express or
implied.
8. Paymenl due net 10 days upon satisfactory completion of thc work.
UTC/CPR2 (12/94)
(LIRETEK) '
06/13/97 14:59 CITY ~ COPPELL -:,. CITY OF COPPELL N0.072 [205
08/1~/97 14:30 FAX 817 1~3~9 LEE GROUP. I.%'C.
SPECIFICATION
SLAB3ACKLWG AND SUBSEALING/UN'DERSEALING '
FOR
PC CONCRETE PAVE~M'ENT$ A~WD CONCRETE BRIDGE AP~ROACITF. S
DESCRIPTION. This item shall govern for slabjack/raising aitd/or subsealing/undersealmg of
concrete slabs and bridge approaches, uamg Thc Utctck Method~. Thc Uretek Method~ is a
patented process, which is ~mder license to Uretek USA, Inc.
MATERIAL. The medium used is Uretck 486 h/Eh density poly.urcthane formulation.
The Uretek 486 Polyurethane shall exhibit th6 following physical ~haractetistics and properties.
A. PROPERTIES
After 1 Yeu After 10 Years
Property Original Conlrolled Buried Controlled Buried
Density, LB/FT3 4.0 4.0 4.0 3.8 3.8
Tensile
Suength, PSI 100 t00 99 100 98
Elongation, % 5.1 5.1 5.1 6.5 6.O
Compression
S~ength,
PSI (At Yield
Point) 90 90 88 89 82
K-Factor, BTU
13,,I/HR °F 0.123 0.127 0.126 0.144 0.168
Volume Change, .
% of Original '- 0.0 ! .7 0.0 4_2
B. APPLICABLE DOCUME1N*TS _
ASTM TEST METHODS
Typ_~ Test ASTM Designation
Compressive Strength D1621
cone (2/9-/)
· - (URETEK) '
06/13×97 14:59 CITY O_F COPPELL -.). CITY OF COPPELL N0.0'72 D06
06/15/97 1~1:30 FAd[ 81' 119359 I,~£ CROUP. INC.
1'
Tvvc Test ASTM Designation
Water Absorption D2ga2
Density D1622
Dimensional Stability D2126
Flcxural Strength D790
Fungus Resistance ' 021
Coefficient of
Expansion D696
Shear Strength C273
Solvent Rcsistance D543
EQUIPME~. Thc minimum list of cq~pmcnt rcquiyed shall be ~ listed below and shall not
prcclude thc use of additional ec~uipmcnt.
A_ A pneumatic drill, capable of drilling 1/2 - 5/8 inch diameter holes.
B. A sclfcontmncd truck mounted pumpin§ umt capablc of storing, proportioning, blending,
and rejecting the polyurethane formulation under thc concrctc pavcmcnt. The equipment
w01 be of size a,d nature to control the rate of rise of the pavement.
C. A In,er love[in§ unJ't, strai§ht cd§c or str~nglini~ to ensure th~tt the concrete is rniscd to an
even piano and/or to the required elevation.
CONSTRUCTION METHODS." The 1/2 incl~ diameter hole shall be drilled in the following
~er.
As n seres of holes shall be drilled a~ six ~o cight foot intcrval~ tluoul~hout the concrete. Thc
exact locatio~ of the holes shall be determined by Uretek USA.
' -- -- (URETEK) '
08/13/97 14:59 CITY OF COPPELL ~ CITY OF COPPELL
..- 06/13/97 14:80 FA,~ 81 S193~9 LF..]E GROUP, IN¢, [~006
The following construction procedures will bc used:
A profile of the repair area w/Il be developed to determine thc extent to be raised. A series of
1/2/rich d/ameter holes will be ch/lied at the necessary locat/ons a.d i~terv~ls. The Uretek 486
polyurethane formulation is then injected under the slab. As the polyurethane chemically reacts
it will expand, exerting thc necessary lifting force, and harden to provide thc structural strength
requiJ'cd.
The amount of risc shall be controlled by the pumping unit and injection gun.
Urctck USA shall tm rcsponsiblc for any pavement blowouts as well as excessive or uneven
pavement moving which will cause ponding, and shall replace or fix the damaged area to thc
satisfaction of the Engineer.
When the injection nozzle is removed from the hole, any excessive polyurethane mater/a[ shall
be rcmoveod from the area and the holes scaled with the polyurethane mater/al or a quickset
concrete patch.
MEAS~NT. The Uretek 486 polyurethane mater/al shall be paid for by thc pound which
will include furnishing, blending, and injecting material.
PAYMENT. The quantity of. material to bc paid for shall bc the quantity actually use~ based on
the contract unit price shown on the bid form.
Only thosc bid items shown on the bid sheet shall I~ p~id for directly. All other labor, tool,
equipment and incidcmats necessary for thc completion of thc project shall not be paid for
directly, bu! shall be considered incidental ~o thc contract bid itcms.
· (URETE:K) '
255 PARKWAY BLVD.
7 COPPELL, TX 75019
~ture
FAX NO. (972) 504-5570
FIRM: ~, ~. t~wr'.y; PHONE NO.'
NUMBER OF PAGES (INCLUDING COVER SHEET) ~ ~
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IF ¥0~ ~0 ~OT ~ECEIYE ~ 0~ THE BY $E$~N~
P.O. BOX 4.78
The Clt. y With A Beeutfful Future COPPELL, TX 75019
FAX NO. (972) ,.7,04-3570
£NC[N££R£NG DEPARTMENT
FA:: c o
NUMBER OF PAGES (INCLUDING COVER SHEET) ~ ff
If YOU DO NOT RECEIVE ALL OF THE"
PAGES, PLEASE CALL (972) 504.-5679.
JUL 0? '9? 10:00 FR NICHOLS JCKSON DLLRD 214 965 0010 TO 9_9~045570 P.0~/0~
STATE OF TEXAS §
§ ESCROW AGREEMENT
COUNTY OF DALLAS §
THIS AGREEMENT, is made and entered by and between the CITY OF
COPPELL, TEXAS, (hereinaftcr"the CITY") and DAVID WEEKLY HOMES (hereinafter
"DEVELOPER"). /~
WITNESSETH:
WHEREAS, DEVELOPER and the CITY desire to enter into a certain v~xitten
Agreement for the payment of escrow funds for public improvements consisting of filling
voids, stabilizing, and lifting a concrete curb section which has settled along 935 Village
Parkway in thc City of Coppell, Texas and being more particularly described in Exhibit "A",~-~'''
attached hereto. Construction of the foregoing repairs and improvements is hereafter
referred to as the "PROJECT."
NOW, THEREFORE, in consideration of the mutual benefits and promises
contained herein, including recitals set forth hereinabovc and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, thc CITY and the
DEVELOPER agree as follows:
Escrow
1. The DEVELOPER shall place into an escrow account with the CITY, the
sum of TWO THOUSAND AND NO/100 DOLLARS ($2000.00) for the improvement of
the Village Parkway curb section ("Escrow' Amount").
2. The DEVELOPER agrees to pay to CITY the ESCROW AMOU:'NT within
ten (10) days after executing this Agreement.
3. This Agreement and its performance by DEVELOPER will satisfy ali the
current obligations of the DEVELOPER to provide for the construction or escrow of fees
for maintenance of the Village Parkway curb section.
4. Any funds remaining in escrow after full payment for all costs of the
PROJECT shall be returned to the DEVELOPER. If the actual costs of the PROJECT
exceed the escrow funds, the DEVELOPER must, after ten (10) days wxitten notice from
the CITY, pay the increased ESCROW AMOUNT.
Coppell Escrow Agreement - Page 1 ss~06~
JUL 07 '97 10:01M~ MIC~L~.OL$ J~K$OM DLLRD 21~ 96~ 0010 TO ~2~0~70
Project
5. The CITY agrees to contract the completion of the project as set forth
herein in accordance with the terms and conditions oft his Agreement.
6. The CITY'S duties shall be to fill any voids, stabilize, and lift the concrete
pavement to restore drainage.
7. All costs of the PROJECT are to be borne by the ESCROW AMOUNT.
Entire Agreement
8. This Agreement constitutes the sole and only agreement of the parties and
supersedes any prior understandings or wxitten or oral agreements between the parties
respecting this subject matter.
Attorney's Fees
9. If any action at law or in equity is brought to enforce or interpret the
provisions of this Agreement, the prevailing party shall be entitled to reasonable
attorneys' fees in addition to any remedy to which the party may be entitled.
Governing Law
10. The validity of this Agreement and any of its terms or provisions, as well
as the rights and duties of the parties, shall be governed by the laws of the State of Texas;
and any venue for any action concerning this Agreement shall be in Dallas County,
Texas.
Amendment
1 1. This Agreement may be amended by the mutual agreement of the parties
to it, in a writing to be attached to and incorporated in this Agreement.
Legal Construction
12. In the event any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provisions, and the
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained in it.
Coppell Escrow' Agreement - Page 2 ss ~ 06: 3
JUL 09 '9? 10:01FR NICHOLS JCKSON DLLRD 214 965 0010 TO 9?250435?0
Liabilities
13. The DEVELOPER shall not assert any claim arising out of any act or
omission by any officer, agent or employee of the CITY in the execution or performance
of this Agreement against that officer, agent or employee. Those claims may be made
against the CITY.
14. Nothing in this Agreement shall be construed to give any person other
than the CITY and the DEVELOPER any legal or equitable right, remedy or claim under
this Agreement; but it shall be held to be for the sole and exclusive benefit of the CITY
and the DEVELOPER.
Notice
15. Any notice required or permitted to be delivered hereunder shall be
deemed received when sent by United States mail, postage prepaid, certified mail, return
receipt requested, addressed to CITY or the DEVELOPER as the case may be at the
address set forth opposite the signature of the party.
Termination
16. This Agreement may not be terminated by either of the parties.
EXECUTED this the day of ,1997.
DAVID WEEKLY HOMES CITY OF COPPELL
By: By:
Name: Jim Witt, City Manager
Title: City of Coppell
Address: P.O. Box 478
Coppell, TX 75019
Coppell Escrow' Agreement - Page 3 ss~06~3
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