North Texas Mail-CN 870827 WINSTEAD, MCGUIRE, SECHREST & MINICK
a PROFESSIONAL CORPORATION
1445 ROSS AVENUE
I601 ELM STREET, SUITE 700 ATTORNEYS AND COUNSELORS 4oo ALLIED BANK TOWER
THANKSOIVING TOWER DALLAS, TEXAS 75202
DALLAS, TEXAS 752OI 17OO DALLAS BUILDING
(214) 742-1700 TELEX 73-0051
(2~4) 7424700 TELEX 73-0051 DALLAS, TEXAS 75201 TELECOPiER (214) 745-5612
TELECOPlER (214} 745-5138
910 TRA¥1S STREET, SUITE 1410 (214) 742-1700 TELEX 73-0051 pU£ASE RESPOND TO THANKSGIVING TOWER
~dOUSTON, TEXAS 77002-5895
'~713) 655-0392 TELEX 510-100-1721 TELECOPIER (214) 745-5390
DIRECT DIAL:
TELECOPIER <713) 655-9017 745-5274
August 27, 1987
Mr. Alan D. Ratliff
City Manager '
City of Coppell
255 Parkway Boulevard
Coppell, Texas 75019 ?~.,i
Re: Work Relate~ to U~g~te~ States Post OEEice Site
Enclose~ a~e t~e £o11(:x~ing documents:
1. ~ully execute~ Water T,~ne Construction A~ee~e~t;
:2. l~Jlly e×ec~te~ DraLp~ge Const~ction Agreement;
3. ~Jlly executed Agreement ~e~ee~ (3~e~ ~ ~t~a~o~.
~a~e G~. ~o~ ~Le, o~ ~e 9, 1987, Z ~ ~e ~~ts ~eli~e=~
~er ~d ~n~a~or ~d he indi~t~ to ~ ~t it ~s r~~ly
satisfa~o~ to ~e City in ac~rd~ wi~ ~a~aph 6 of ~e Dr~ge
~nst~ion A~~t. Pl~se ~nfi~ in ~iting ~t ~e enclos~
A~e~t ~~ ~er ~d ~ntra~or is r~so~ly ~tisfa~o~ to ~e
city.
~e n~i~ to pr~ ~s ~ given to ~lde ~ns~ion ~y,
~d ~nst~ion should ~ prying at a deli~rate ~. Pl~se f~l fr~
to ~11 ~ if you ~ve ~y ~es~ons in r~d to ~e ~tters dis~ss~
~s letter.
FO WA ED TO
mclos~es
152: D082787A. 30 DATE: ,
cc: ~ce w. Jackson, Esq.
~. Wa~e Gi~
DRAINAGE CONSTRUCTION AGREEMENT
STATE OF TEXAS ~
COUNTY OF DALLAS ~
This agreement (hereinafter "Drainage Construction
Agreement") is between the City of Coppell, Texas, an
incorporated home rule city, situated in Dallas County, Texas
(hereinafter "Coppell") and Thompson Management Company, a Texas
corporation (hereinafter "Thompson"), and is effective as of the
llth day of August, 1987.
R E C I T A L S:
WHEREAS, Thompson, with the express approval of Coppell,
advertised and then publicly opened and read bids for furnishing
all labor, material and equipment and performing all work
required for the construction of drainage facilities from the
United States Postal Service property line to Freeport Parkway
and related work; and
WHEREAS, Uvalde Construction Company (hereinafter "Uvalde")
submitted the lowest responsive~bid; and
WHEREAS, the Coppell City Council further declares an
emergency in accordance with the City Charter and authorizes the
Mayor to enter into this Drainage Construction Agreement with
Thompson within the parameters set forth herein.
NOW THEREFORE, for the consideration of the construction of
the drainage work, the benefits described in the recitals
contained in this Drainage Construction Agreement and for other
good and valuable consideration, the receipt of which is hereby
acknowledged, Coppell and Thompson agree to the following:
1. The City Council authorizes the City Manager to
reimburse Thompson $224,023.56 from Certificate of Deposit
No. 1306 with Independent Bank - Coppell, N.A. to construct
drainage facilities from the United States Postal Service
property line to Freeport Parkway and related work, said work
being in accordance with the terms and conditions contained in
the Project Manual for the Construction of Royal Lane from IH-635
to Bethel Road dated April, 1987, and addendums thereto
("Drainage Work"). Thompson shall be reimbursed the amount of
$224,023.56 upon completion of the Drainage Work and acceptance
of the work by the City Engineer of Coppell, which acceptance
shall not be unreasonably withheld.
2. Thompson shall enter into a contract w.ith Uvalde to
perform the Drainage Work, with said contract providing for all
necessary performance bonds, maintenance bonds, insurance and
indemnifications in accordance with the terms and conditions
contained in the Project Manual for the Construction of Royal
Lane from IH-635 to Bethel Road dated April, 1987, and addendums
thereto. Said contract shall provide that Uvalde, to the fullest
extent permitted by laws and regulations, shall indemnify and
hold harmless Coppell and Thompson and their consultants, agents
and employees from and against all claims, damages, losses and
expenses direct, indirect or consequential (including, but not
limited to, fees and charges of engineers, architects, attorneys,
and other professionals and court and arbitration costs) arising
out of or resulting from the performance of the Drainage Work,
provided that any such claim, damage, loss or expense (a) is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Drainage Work itself), including the loss of use resulting
therefrom and (b) is caused in whole or in part by the negligent
act or omission of Uvalde, any subcontractor, any person or
organization directly or indirectly employed by any of them to
perform or furnish any of the Drainage Work 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 or arises by
or is imposed by law and regulations regardless of the negligence
of any party.
3. The City of Coppell shall be responsible for all costs
associated with the Drainage Work, including, but not limited to,
the cost of $750.00 to relocate Lone Star Gas facilities,
$1,800.00 to install two (2) 4-inch conduits for relocating
underground electrical service, and any extra cost associated
with lowering the existing 16-inch water line in Freeport
Parkway. Thompson shall not be responsible for any cost
associated with the Drainage Work.
4. The City Council of Coppell hereby finds the statements
made in the recitals of this Drainage Construction Agreement to
be true and correct and adopts them as part of this Drainage
Construction Agreement.
5. The City Council of Coppell, in accordance with the
City Charter~ hereby declares an emergency and authorizes by
resolution passed on August 11, 1987, the Mayor to enter into
this contract for Drainage Work with Thompson.
6. The obligations contained in this Drainage Construction
Agreement are expressly contingent upon Thompson and Uvalde
entering into a contract for the construction of the Drainage
Work~consistent with the terms of this Drainage Construction
Agreement on or before October 15, 1987. If the above-referenced
S ~c+'~ ~n ~.Oq -2-
aaa
condition is not satisfied within the ti~e frame set forth
herein, this Drainage Construction Agreement shall be null and
void and of no further effect and no obligations whatsoever shall
be created by this Drainage Construction Agreement unless said
above-referenced condition is modified by written amendment to
this Drainage Construction Agreement and consented by both
Coppell and Thompson.
7. This Drainage Construction Agreement shall be governed
and construed in accordance with the laws of the State of Texas
and the obligations of the parties are and shall be performable
in Dallas County, Texas.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement effective as of the day, month, and year first
hereinabove written.
CITY OF COPPELL
By:~
ATTESTED:
~{ty J~ttorne~y~
Wil-ym/f~son, President
!52:D071787B.00
081187clk2 -3-
~ The City With A Beautiful Future 214 - 462 - 0022
August 19, 1987
Barry R. Knight, Attorney At Law
Suite 700
1601 Elm
Thanksgiving Tower
Dallas, Texas 75201
Mr. Knight,
Enclosed is a copy of the Certificate of Deposit #1306 with a maturity
date of November 17, 1987. This is in compliance with the Drainage Construction
Agreement. If the project is not completed by November, we will reinvest the
certificate and furnish you with the new number.
Should you have any questions please contact me at 462-0022.
Sincerely,
Frank Trando
Finance Director
encl: copy of certificate
AUG 3 0 1987
W.~4.$. & M.
.ON-NEGOT,ABLE. NON-ASS,GNABLE. AND NON-T.ANSFERAB E T,ME CE.T,F, A E DEPOS' 1 3 0 6
THE RATE OF INTEREST PAYABLE HEREUNDER IS
SUBJECT TO CHANGE BY THE BANK TO SUCH Ex.
Jadepeagleat B~E - ~p~, N.A. TENTREQUiREMENTSAS MAY BE oFNECESSARYTHE FEDERALTO COMPLYREsERvEWITH $~22A : ~2~. %R~
200 S. DENTON TAP RD. BOARD MADE FROM TIME TO TIME ~RSUANT TO
P.O. 80~ 618 FEDERAL RESERV~ ACT
COPPELL, TEXAS 75019 COPPELL, TEXAS Au[u~[ Iq 19 R7
214/393-1123
~AME ~ C~:y o~ C6ppe[Z~ HAS DEPOSITED IN THIS BANK
,DDRESS P, 0. Box 478, Coppell, Tx 7501g
Two Hundred Twenty Four Thousand Twenty ~ree and 56/l~~~~~~~~OLLARS
AX ID~ 75-] 1R~-207 . MATUmTYOAT~ November 17 ~9 87 OPONSORRENDEROFTH~S
NDER ~NALTIES OF ~RJURY I CERTIFY THAT ~1 CERTIFICATE, WITH INTEREST AT 6-~ % PER ANNUM. NO PAYMENT ~EFORE, AND
HE SOCIAL SECURITY NUMBER OR EMPLOYER'S~ NO INTEREST AFTER MATURITY. SUBJECT TO PRESENT AND FUTURE LAWS OF THIS STATE AND OF
)ENTIFICATION NUMBER LISTED ABOVE IS MY CONGRESS AND TO REGULATIONS OF STATE AND FEDERAL AUTHORITIES.
ORRECT TAXPAYER IDENTIFICATION NUMBER. ~ AUTOMATICALLY RENEWABLE ~SINGLE MATURI~
.IGNATURE DE'SIT INTEREST TO ACCT. · ~DD TO CD
V~E ~ESI~NT