North Texas Mail-AG 870811 , ,, ;, / -- -, Z~2 ' , , P.O Box 478
~ /~;~- ~ .~--~-~ ~ ........ J ................. Coppe,!. Texas 75019
/' '~ The City With A Beautifu! F,.it,:,e 214-462-0022
.f--~' /r----m CITY OF COPPELL
/' :.~--? //.~ /1 CITY COUNCIL AGENDA REQUEST
.. ---~/ ir.. /
I. AGENDA DATE REQUESTED: Auqust 11~ 1987
II. RECOMMENDED ITEM CAPTION: Consider approval of a Water Line
Construction Agreement between the City of Coppell and
Thompson Management Company and authorizing the Mayor to sign.
III. RECOMMENDATION OF PLANNING & ZONING COMMISSION:
IV. STAFF REPRESENTATIVE(S) TO ATTE~q3 COUNCIL MEETING:
Wayne Ginn, Consulting Engineer
V. RECOMM~ENDED TO BE DISCUSSED AT PRE-COUNCIL BRIEFING: Yes No
VI. SUPPORT MATERIAL: SUBMITTED Yes No
VII. DATE SUBMITTED TO CITY ATTORNEY'S OFFICE FOR PREPARATION OF ANY LEGAL
DOCL~4ENT, ORDINANCE, RESOLUTION, ETC.
VIII. FINANCIAL REVIEW: SOURCE OF FUNDING:
BUDGETED ITEM BOND FUNDS
NON BUDGETED ITEM OPERATING BUDGET
ORIGINAL ESTIMATE OR BUDGET $ OTHER:
CURRENT ESTIMATE: $ ACCT. NO.
AMOIrNT UNDER OR OVER BUDGET $
IX. SUBMITTED BY Alan D. Ratliff, City Manager
X. APPROVAL OF CITY MANAGER'S OFFICE: ~[~IX
HOLD
i0
AGNDARQSTFORM
MNITS
GINN, INC. CONSULTING ENGINEERS
Mr Alan D Ratliff
' Manager'
City
City of Coppell
Post Office Box 478
Coppell, Texas 75019
Re: Thompson Agreement - Funding
Offsite Drainage
Dear Mr. Ratliff:
On Tuesday, August 11, 1987, the Coppell City Council will
consider approval of an agreement with Thompson for the
reimbursement of funds for the construction of an offsite
drainage channel associated with the postal facility site.
The City's total obligations would be as follows:
Thompson Agreement
1. Improvements at Freeport $ 90,000
2. Channel Excavation 43,000
3. Concrete Pilot Channel Lining 91,000
4. Relocation of Utilities 3,000
$227,000
Minyard Agreement
1. Landscape (max) $ 10,000
2. Additional Drainage Pipe Est. 68,000
(Paid back over 5 yrs.)
$ 78,000
Grand Total .... $305,000
We currently have approximately $500,000 unallocated from the
street projects in the 1984 Bond Program. If we use current bond
funds to pay for these improvements, we will have approximately
$200,000 left for future projects. We should try to reserve
$125,000 for construction of Parkway Boulevard adjacent to City
Hall. The use of bond funds for the drainage channel and Parkway
Boulevard will virtually deplete the street bond fund account.
17103 Preston Road * Suite 100 · LB 118 · Dallas, Texas 75248 · Phone 214/248-4900
M~. Alan Ratliff
August 5, 1987
Page 2
It is very important that we not make any additional commitments
for projects to be funded from the streeet bond program account.
Sincerely,
H. Wayne Ginn, P.E.
/jo
Attachment
AR803/TOM
DELIVERED
WINSTEAD, ~cGUlRE, SECHREST & MINICK
A PROFESSIONAL CORPORATION
1445 ROSS AVENUE
~60~ ELM STREET, SUI~ 700 ATTORNEYS AND COUNSELORS 400 ALLIED BANK TOWER
tHAN~SGIVING TOWER
DALES, ~XAS 7520~ 1700 DALLAS BUILDING DALES. ~XAS 75202
(2~) 74~-1700 ~LEX 73-005~ (~14) 74~-1700 TELEX 73-005~
TELECOPIER (214} 745-5~38 DALLAS, TEXAS 75201 ~LECOPlER (~14) 745-561~
9~0 tRAVlS StREEt, Suite ~4~0 (214) 74~-1700 TELEX 73-0051
HOUSTON. TEXAS 7700~-5895
(7i3) 655-039~ tELEX 5~0d00-172i TELECOPIER (~ 745-5390
TELECOPIER {713) 655-9017 DI~¢C~ DIAL:
July 20, 1987
Lawrence W. Jackson, Esq. HAND DELIVERED
5allinger, Nichols, Jackson,
Kirk & Dillard
1800 Lincoln Plaza
Dallas, Texas 75201
Mr. Wayne Ginn HAND DELIVERED
Ginn, Inc.
17103 Preston Road
Suite 100
Dallas, Texas 75248
Re: Thompson/U.S. Post Office
Gentlemen:
Enclosed are the following document~:
1. Resolution authorizing the acceptance of Street or
Highway Easement with the Street or Highway Easement
being attached as Exhibit "A" thereto;
2. Water Line Construction Agreement;
3. Drainage Construction Agreement.
In way of explanation, the Street or Highway Easement Resolution and
the Easement itself constitutes the settlement of the dispute between the St.
Southwestern Railway Company and the City of Coppell regarding dedication of
an at-grade railroad crossing and related easements to the City of Coppell.
The responsibilities of William G. Thompson, Trustee, concerning the payment
for the easement is set forth in the agreement between the City of Coppell
and William G. Thompson, Trustee, dated April 29, 1987.
The Water Line Construction Agreement is the same agreement that was
passed by the Coppell City Council on 3une 23, 1987. That agreement provided
that it would automatically become null and void if a contract between the
Thompson Management Company and Uvalde Construction Company was not entered
into on or before July 15, 1987. Uvalde has refused to enter into a contract
without the off-site drainage work.
Lawrence W. Jackson, Esq.
Mr. Wayne Ginn
July 20, 1987
Page 2
The Drainage Construction Agreement sets forth the agreement between
the City of Coppell and Thompson Management Company concerning the
reimbursement by Coppell to Thompson of the funds necessary to construct
off-site drainage improvements from the U.5. Post Office property to Freeport
Parkway. It is my understanding from a telephone conference with Wayne Ginn
that Bob Minyard has agreed to grant the necessary right-of-way for such
off-site drainage improvements. Before my client will enter into a contract
with Uvalde Construction Company for the off-site drainage work, my client
needs a written agreement with Coppell concerning reimbursement for such
costs. 'The dollar amount shown on the Drainage Construction Agreement
reflects the price bid by Uvalde Construction. Clyde Sifford has indicated
that there may be an additional $750.00 cost to move the gas line, additional
costs associated with Texas Utilities relocating a riser, and the small
possibility that there may be additional costs associated with the water line
relocation at Freeport Parkway if that water line is a concrete cylinder
pipe. The difficulties Coppell has been having in securing the necessary
right-of-way and providing the funds for the off-site drainage work has
delayed the execution of the contract between Thompson Management Company and
Uvalde Construction Company. It is my understanding that on July 28, 1987,
the above-referenced items will be accepted and approved by the Coppell City
Council, funding will be provided, and the Mayor will be authorized to sign
the Street or Highway Easement, Water Line Construction Agreement and
Drainage Construction Agreement.
Wayne Ginn had indicated that there may be a need to draft an agreement
between Minyards and the City of Coppell. I would be happy to provide any
assistance I can in this regard.
Once you have had a chance to review this letter and the enclosed
documents, please give me a call so that we may discuss the documents. I
would appreciate it if one of you will take care of having the
above-referenced items being placed on the City Council agenda.
Very~~.~t r u i~.y/our s, ~_
BRK/clk
Enclosures
cc: Mr. William G. Thompson
152:D120886A.00
WATER LINE CONSTRUCTION AGREF_~fENT
STATE OF TEXAS
COUNTY OF DALLAS
This agreement (hereinafter "Water Line 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
28th day of July, 1987.
R E C I T A L S:
WHEREAS, Coppell, in cooperation with Thompson and in
compliance with State law, the City Charter and City Ordinances,
advertised and then publicly opened and read bids for furnishing
all labor, material and equipment and performing all work
required for the construction of a 16-inch water line in and
around Royal Lane from IH-635 to Bethel Road; and
WHEREAS, Uvalde Construction Company (hereinafter "Uvalde")
submitted the lowest bid that was the most responsive to the
needs of Coppell; and
WHEREAS, the Coppell City Council further declares an
emergency in accordance with the City Charter and authorizes the
Mayor to enter into this Water Line Construction Agreement with
Thompson within the parameters set forth herein.
NOW THEREFORE, for the consideration of the construction of
the 16-inch water line, the benefits described in the recitals
contained in this Water Line 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 $161,312.96 from Certificate of Deposit No.
1260 with Independent Bank - Coppell, N.A. to construct a
16-inch water line 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 ("Water Line
Work"). Thompson shall be reimbursed the amount of $161,312.96
upon completion of the Water Line 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 with Uvalde to
perform the Water Line 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
Water Line 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 Water Line 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 Water Line 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 Council of Coppell hereby finds the statements
made in the recitals of this Water Line Construction Agreement to
be true and correct and adopts them as part of this Construction
Agreement.
4. The City Council of Coppell, in accordance with the
City Charter, hereby declares an emergency and authorizes by
resolution passed on July 28, 1987, the Mayor to enter into this
contract for Water Line Work with Thompson.
5. The obligations contained in this Water Line
Construction Agreement are expressly contingent upon Thompson and
Uvalde entering into a contract for the construction of the Water
Line Work consistent with the terms of this Water Line
Construction Agreement on or before September 15, 1987. If the
above-referenced condition is not satisfied within the time frame
set forth here~n, th~s Water L~ne Construction Agreement shall be
null and void and of no further effect and no obligations
whatsoever shall be created by this Water Line Construction
Agreement unless said above-referenced condition is modified by
written amendment to this Water Line Construction Agreement and
consented by both Coppell and Thompson.
-2-
THE RATE OF ~NTEREST PAYABLE HEREUNDER ~S
O ' SUBJECT TO CHANGE BY THE BANK TO SUCH EX
independent Bank - Coppell,N.A. TENT AS MAY BE NECESSARY TO COMPLY WITH
REQUIREMENTS OF TH~ FEDERAL RESERVE
200 S. DENTON TAP RD. BOARO MADE FROM TIM~ TO T~M~ PURSUANT TO
P.O. BOX 618 FEDERAL RESERVE ACT
COPPELL, ~EXAS 75019 COPPELL, TEXAS --
214/393-1123
~ME ~*~~ ~O[[ **a HAS DEPOSITED IN THIS SANK
ADDRESS ~00. Box 470, Coppe[l, Texan 7~019
TAX ID~ 7~-[183-207 MATURITY DATE__- --~ePte~e~ 30 ~19 87 .UPON SURRENDER OF THIS
UNDE, PENALTIESOFPURJURYICE,TIFYTHA, ~ CERTIFICATE. WITH INTEREST AT 6.~0 _, PER ANNUM. NO PAYMENT BEFORE, AND
THE SOCIAL SECURITY NUMBER OR EMPLOYER'S~[ NO INTEREST AFTER MATURITY. SUBJECT TO PRESENT AND FUTURE LAWS OF THIS STATE AND OF
IDENTIFICATION NUMBER LISTED ABOVE IS MY CONGRESS AND TO REGULATIONS OF STATE AND FEDERA~AUTHORITIES.
CORRECT TAXPAYER IDENTIFICATION NUMBER. ~ AUTOMATICALLY RENEWABLE ~ SINGLE MATURITY
INTEREST PAYABLE At ~tU~tty
DEPOSIT INTEREST TO ACCT. a ~ ADD TO CD . i ....
ASS'T vtgE PRESIDENT VICE ~ESI~NT
NAME City of Coppe]l
ADDRESS P.O.Box 478,Coppell. Texas 75019 [ DATE June 30,1987
COPPELL BANK, N.A.
COPPELL, TEXAS
[] FOR SAFEKEEPING
ACKNOWLEDGES RECEIPT FROM THE ABOVE NAMED THE FOLLOWING DESCRIBED PROPERTY [] AS COLLATERAL
THE SECURITIES WILL BE RETURNED UPON SURRENDER OF THIS RECEIPT.
D E S C R ~ P T I 0 N CERT. NOS. NUMBER OF VALUE
SHARES
CD# 1260 for 161,312.96 @6.40 ON 9-30-87 1260 ]61 ~]? ql
RECEIVED ABOVE SECURITIES
RECEIVED ABOVE SECURITIES
DATE
COPPELL BANK, N.A.
CUSTOMER BY ~-~(~,,C/-t'"}~'