Gateway BP(1.1)-CN 880829TO:
CITY OF COPPELL
~255 PARKWAY BLVD.
P. O. BOX 478
COPPELL, TEXAS 75019
(214) 462-0022
DATE: iPROJECT:
ATTENTION:
RE:
WE ARE SENDING YOU ~] Attached
] Mark Up Plans
] Copy of Minutes
] Change order
] Under Separate Cover via ~/~ the following items:
[ ] Plans [ ] Prints
[ ] Copy of Letter [ ] Specifications
COPIES DATE ~ ~
NO.
-- ~ ~ DESCRIPTION
IHESE ARE TRANSMITTED as checked below:
[~<~ For Your Use
[ ] As Requested
[ ] For Review & Comment
[ ] Returned for Corrections
[ ] Resubmit__Copies for Approval
[ ] Return Corrected Prints
:EMARKS:
[ ] Approved as Noted 0~'/~~
[ ] Approved as Submitted
[ ] Note & Reply To:
[ ] Note & Forward To:
[ ] Submit Copies for Distribution
[ ] Return Markup Plans with Corrections
ESCROW AGREEMENT
/~his Esgrow Agreement ("Agreement") is made the ~day
of ~, 1988, between the City of Coppell, a~municipal
corporation situated in Dallas County, Texas (the'"City,,),
Southwestern Town Lot Corporation ("SW Town Lot"), a
Missouri corporation, and First Coppell Bank, a bank
chartered by the State of Texas with its banking house situated
at 1000 South Belt Line Road, Coppell, Texas 75019 (the "Bank").
RECITALS
City has heretofore contracted with Ed Bell Construction,
10215 Gardner Road, Dallas, Texas 75220-0777 ("Contractor"), for
the construction of certain paving and drainage improvements.
By "Change Order No. 5 dated July 26, 1988 and its
attachment (the "Change Order"), the parties to the contract
agreed to do certain work as reflected in the Change Order (the
"Improvements,,), a copy of which is attached hereto and made a
part hereof for all.purposes, and agreed to a net increase in the
cost of the work in an amount of Eighty Eight Thousand Six
Hundred Thirty Six and 80/100 Dollars ($88,636.80).
City has called upon SW Town Lot to defray the expense of
such work and to deposit in the bank an escrow amount of Ninety
Five Thousand Dollars ($95,000.00) for such purposes, and SW Town
Lot has agreed to do so.
Bank has indicated its willingness to serve as the escrow
agent under and pursuant to the provisions of this agreement.
NOW, THEREFORE, the parties hereto do hereby agree as
follows:
1. For the purpose of securing the performance by SW Town
Lot of its obligations with respect to the Improvements, SW
Town Lot has delivered to the First Coppell Bank the sum of
Ninety Five Thousand Dollars ($95,000.00) in cash (the
"Escrow Deposit"), which shall be held by it in an interest
bearing money market account and shall be paid by Bank to
the City or, at City's direction, to the Contractor, upon
the submission to the Bank of not more than a maximum of
four (4) periodic draw requests approved in writing by the
City and SW Town Lot, based upon the degree of the
completion of the work called for by the contract, and when
the work shall have been totally completed in accordance
with the Change Order, any balance left in the Escrow
Deposit after such completion shall be immediately remitted
to SW Town Lot.
ESCROW AGREEMENT PAGE 1
2. In the event that either the City or SW Town Lot shall
notify the Bank in writing prior to the completion of the
work and the payment therefor out of the Escrow Deposit,
that a dispute has arisen between them concerning any
portion of the Escrow Deposit then held by the Bank, then
the Bank shall be fully protected and shall have the right
to cease making any payment to any party out of the Escrow
Deposit unless and until the Bank shall be furnished with a
written agreement executed by the City and SW Town Lot
directing the manner in which the balance of the Escrow
Deposit then on hand shall be paid, or the Bank shall be
furnished with a final judgment of a court of competent
jurisdiction directing the manner in which the balance of
the Escrow Deposit shall be paid.
3. In the event neither such an agreement nor final
judgment shall have been presented to the Bank before 5:00
p.m. on the date of expiration of three (3) years from the
date hereof, the Bank shall deliver all of the funds then on
hand in the Escrow Deposit to SW Town Lot.
4. This agreement shall be binding upon each party hereto,
its successors or assigns.
5. The parties agree that this escrow agreement shall not
affect the obligation of SW Town Lot, its successors or
assigns, to cause to be constructed the permanent roadway,
utility and drainage improvements as required by City on
January 12, 1988 in connection with its approval of the
Gateway Park at Coppell Final Plat which conditions were
agreed to at that time by SW Town Lot. Such improvements
were subsequently included in the construction plans
submitted by SW Town Lot and approved by City May 11, 1988.
EXECUTED this ~ day of ~/~LC~, 1988'
SOUTHWES E O CO PO * O
President
FIRST ~PELL BANK
ESCROW AGREEMENT PAGE 2
Attorney
SUB[IlSSION bEAbLINE: 5:£10 p.- Monday - 8 Days Preceding City qouncil Neeting
Rev..: Effective 1/20/88
AGENDA REQUEST FORM
FOR CITY COUNCIL MEETING: July 26, 1988
I. REF/FILE NUMBER
: 255
II.
ITEM CAPTION : Discussion. consideration and approwl Of
these i~rove~nt~. ~d authoriz~g the ~yor to si~.
III. ACTION RECOMMENDED : Approval with the condition that the Southwestern Town
Lot Corp. escrow funds to the City of Coppell to fund the Change Order No. Five
- improvements.
IV. REP. IN ATTENDANCE
A: STAFF -
B: OTHER - Kevin Peiffer~ Ginn, Inc.
v. NOTIFICATION TO :
METHOD OF CONTACT :
DATE :
VI. FINANCIAL REVIEW : i. BUDGETED ITEM : YES xxx NO
2. BUDGET AMOUNT : N/A
3. ESTIMATED AMOUNT FOR THIS ITEM :$88,636,80
4. AMOUNT OVER OR UNDER BUDGET : N/A
5. LOW BIDDER RECOMMENDED : N/A YES NO
SOURCE OF FUNDING
CO'S OR BONDS FUNDS
(Series or year authorized)
OPERATING BUDGET (Account Number)
OTHER
: Escrow (Southwestern Town Lot
ITEH I~MBER
AGENDA ~EOUEST. FORM ' -: ' --~"~
(;INN, INC.
CONSI'I TIN(; EN(;i NEE
Date:
To:
From:
Subject:
July 22, 1988
Alan D. Ratliff
Kevin Peiffer~
Gateway Park at Coppell,
Coppell, TX
Southwestern Town Lot Corp.
On January 12, 1988 (minutes attached), the Coppell City Council
approved the final plat for the above subject project. The
approval of the final plat carried with it certain conditions
which Mr. Ted Searcy of Southwestern Town Lot Corporation agreed
to commit to. Two of those commitments were as follows:
Southwestern Town Lot Corporation make improvements to
Gateway and Metro Drive prior to planned completion date for
Belt Line Road Improvements on August 22, 1988.
The developer construct Southwestern Drive from Denton Tap
through Pinkerton Elementary School.
Construction plans were approved by the City on May 11, 1988 for
Phases I, II and III which accommodated the two commitments
above. Enclosed is a drawing highlighting' the roadway segments
described in the above commitments.
Recently, it was brought to our attention by the Southwestern
Town Lot Corporation that due to a potential buyout of the
company, from another organization, all major expenditures have
been suspended until the outcome of the acquisition. Should the
acquisition take place, it will be hard to forecast what plans,
if any, the new owner will have for this property.
As a result, traffic safety and traffic flow have become major
issues needing to be addressed immediately at the Belt
Line/Denton Tap/Southwestern Blvd. intersection. This is due to
the fact that Belt Line Road will be opened to 6 lanes of traffic
by the end of August and Pinkerton School will also be back in
session, not to mention the businesses and residences needing
access on and off Southwestern Blvd. too.
171~'1', Prcqon I;~,~ad '~ c, ttii¢ 100 s I.B 118 · Dallas. Texas 7524~ · Ph:me 214 24X-4qO0
In light of the above, the enclosed change order is proposed by
Southwestern Town Lot Corporation and supported by City staff as
a temporary solution to meet the traffic demands of the City of
Coppell until such time that the permanent roadway improvements
can be made. The cost of these improvements is estimated to be
$88,636.80.
We have prepared a letter of agreement to Southwestern Town Lot
Corporation, an escrow agreement, temporary construction easement
instrument, change order and construction plans to date. We are
currently pursuing having the necessary documents executed by
Southwestern Town Lot Corporation.
In the interim, we request you place Change Order No. Five (5) on
the July 26, 1988 council agenda to allow the City Council's
consideration of this item.
KP/dsp
cc:
Russell Doyle, P.E.
Frank Trando
Larry Jackson
H. Wayne Ginn, P.E.
File 255
(h~lruclion~ on r~verse side)
CIIANGE ORIH~R
~ive (S)
PROJECT:
OWNER:
Address)
CONTRACTOR:
CONTRACT F()R:
Belt Line Road
City of Coppell
P.O. Box 478
Coppell, TX 75019
Ed Bell Construction Co.
P.O. Box 540787
Dallas, TX 75220-0777
Belt Line Road Improvement Project.
ENGINEER'sPr~ectNo.
DATE OF ISSUANCE: July 26, 1988
OWNER's Project No.
ENGINEER: Ginn, Inc. (Kevin Pei£fer)
255
You are directed to make the Ibllowing changes in Ihe Contract Documents.
Description: Add asphalt transition at Southwestern Blvd. alonR with related drainage
traffic buttons, etc. (per revised plan sheets 30, 33, 33a, 41, 4la, 65,
Purpose of Change Order: 66, 66a)
Due to Gateway Blvd., Metro Drive and Howell St. not being constructed
~t~a this t~me Lo the west as, originally planned by the Southwestern Town Lot Corp., this is
cnments: t LlSl documents supporting chan~i~)
Item List needed for temp. access 1:o Southwestern Blvd.
CtlANGE IN CONTRACT PRICE:
Origimd Contract Price
$ 5~540~642.41
rewons Change Orders No. one
117,222.50
to No four
Contract Price prior to this Change Order
$ 5,657,864.91
Net Increase (ltzu~--~'m o['this Change Order
$ 88,636.80
Con rac Price wdh all approved Change Orders
$ 5,746,501.71
CHANGE IN CON'FRACT TIME:
Original Contract Time
540 calendar days
Net change from previous Change Orders
none (0)
Contntct Time Prior to this Change Order
540 calendar days
Net Increase ¢..tme. i~a~ of this Chan~e Order
.... '~ {from date of notice to proceed
~u caienoar mys with work)
Contruc 'l'tme with all approved Change Orders
(i~ notice to proceed with
570 calendar days this work issued 8/22/88)
RECOMMENDED: APPROVED:
by / '~ . t' t~ / '~: ~- by
EJCD~No. 1910-8-1{ (1983 I{dition)
APPROVED:
/
by "' /
CHANGE ORDER NO. FIVE
BELT LINE ROAD
(J-255)
(5)
ITEMS TO BE ADDED TO CONTRACT
ITEM DESCRIPTION
100 PREPARE R.O.W.
104.1 SAWCUT EXIST. CONC/ASPH
110
160
260
360.2
264
340.1 HI~ACP, TYPE B, CLASS A
340.2 [HMACP, TYPE D, CLASS A
360.1 9" CONCRETE PAVEMENT
(3000 psi)
6" MONOLITHIC CURB
(3000 psi)
21" RCP, CLASS III
464.1
464.2
475.9
666.1
672.
676.1
676.2
676.4
ROADWAY EXCAVATION
FURNISH & PLACE TOPSOIL,
MEDIANS
LIME TREATMENT
MATERIALS IN PLACE
LIME SLURRY, TYPE A, 6%
UNITS
STA
LF
CY
SY
SY
TON
TON
TON
SY
LF
LF
LF
24" RCP, CLASS III
4' DROP INLET, TYPE
X OR Y EA
STOP BAR (18" WIDE) LF
6"X6" JIGGLE BAR
(REFL., TYPE 1-C) EA
4" TRAF. BUTTON, WHITE
(NON-REFL) (P-7-W) EA
4" TRAF. BUTTON, WHITE
(SINGLE REFL) (P-15-W) EA
8" TRAF. BUTTON, YELLOW
(P-18-Y-1) EA
APPROX. UNIT
OUANTITY PRICE AMOUNT
6.68 3,506.11 23,420.81
330 1.42 468.60
495 3.02 1,494.90
296 1.98 586.08
3150 2.85 8,977.50
42.5 73.53 3,125.03
604 39.52 23,870.08
302 43.68 13,191.36
183 15.70 2,873.10
100 0.93 93.00
83 30.16 2,503.28
126 33.38 4,205.88
2 1,508.00 3,016.00
33 4.98 164.34
8 9.10 72.80
8 2.24 17.92
8 4.06 32.48
19 27.56 523.64
$88,636.80
TOTAL CHANGE ORDER
The City With ~ Beautiful Future
P 0 Box 478
Coppell, Texas 75019
214 - 462 - 0022
CITY OF COPPELL
CITY COUNCIL AGENDA REQUEST
AGENDA DATE REQUESTED:
January 26, 1988
RECOMMEN'DED ITEM CAPTION:
Approval of minutes'- January 5, 1988
January 12, 1988
III. RECOMMENDATION OF PLANNING & ZONING COMMISSION:
IV. STAFF REPRESENTATIVE(S) TO ATTEND COUI~CIL MEETING:
Dorothy Timmons~ City Secretary
V. RECOMMMENDED TO BE DISCUSSED AT PRE-COUNCIL BRIEFING: Yes __No
VI. SUPPORT MATERIAL: SUBMITTED Yes X No __
VII. DATE SUBMITTED TO CITY ATTORNEY'S OFFICE FOR PREPARATION OF ANY LEGAL
DOCUMENT, ORDINANCE, RESOLUTION, ETC.
VIII. FINANCIAL REVIEW:
BUDGETED ITEM
NON BL~GETED ITEM ~
ORIGINAL ESTIMATE OR BUDGET $
'$
CURRENT ESTIMATE:
AMOt~T U~DER OR OVER BUDGET $
IX. SUBMITTED BY nnrnthy Tim~nn~; City ~mr~mtary
X. APPROVAL OF CITY MANAGER'S OFFICE: __~0 HOLD __
SOURCE OF FUNDING:
BO~ FUNDS
OPERATING BUDGET
OTHER:
ACCT. NO.
ITEM
........... .A~' -ARQS.T~Om~ ...........................
. of' Sandy Lake Ro. and Samuel BouJ~ard, at the --'quest of .the Roman
Catholic Diocese o~ Dallas.
~ Date of Planning an~Z~oning Meeting - December 17, t987
· Decision of Plan~g and Zoning - Approval (6-0)
With the prov~ion that the funds for rhe~uilding of the
sidewalk b~scrowed. -".~ ~___
Planning and ~p~ing Co-ordinator Tarn Bo~an also ~ade this
presentation t~d'the Council. She s~ed. that the requ~ is for a
Church and ~' multi-purpose butld~g. The cost o~he sidewalk,
approximately $4.000 dollars. ~-~ been reco~end~to be est?w?/
Kevln Peif~er representing City "Engineer Wayne Gin~s or,ce stated
It i8 :~ir reco~endatlon ~t the sldewalks nofbe built at thls~ime
due to/the possibility of' tt being :~r~ up,eh the construc~n, of
Samue~ Boulevard is undertaken. The appl~ant ls requesttn~that a
moved that ~iS plat be approved wit~the stipulation th~ a Letter of
cost ~ the sidewalk. Counc~an Wolfe seconded~ ~i~n carried
un~n.~mously with Mayor Pro Te&/~nton, ~il~en--~on/ ~[[ijohn,
~ .~.~ Moito~, Smothe~on, Co.an and Wolfe voting in fav~ of t~ motion.
'S0dthwest ern Boulevard.
Date of Planning and Zoning Meeting - December 17, [987
Decision of Planning and Zoning - Approval (5-0-1)
(WITH STIP~ATIONS)
Planning and Zoning Co-ordinator Taryon Bowman made the presentation to
the Council. Also present to discuss this item was Mr. Ted Searcy
representing the applicant. Due to legal questions that arose among the
Council during discussion on this item, Mayor Duggan declared an
Executive Session at 9:05 p.m. on Tuesday, January 12, 1988 as posted
and allowed under Article 6252-17 Senate Concurrent Resolution Number
83, discussion with City Attorney concerning matter involving privileged
communications between Attorney and client. Following this portion of
the Executive Session, Mayor Duggan declared the Executive Session
adjourned and the meeting open to the public on Tuesday, January 12,
1988 at 9:15 p.m. Following further discussion on this item Councilman
Wolfe moved that the plat be approved with the following stipulations:
1. The present extension of Bullock Drive to line-up with
Howell Drive and abandon the Bullock extension as shown on
the plat.
2. Southwestern right-of-way become one-way westbound from
Denton Tap to Dairy Queen entrance.
3. Right-of-way for Gateway Boulevard to be 100 feet.
The Developer to construct Southwestern Drive from Denton
Tap through,,~Pinkerton Elementary and to construct their
portion of Cowboy Drive in conjunction with Connell
Development construction on the south side.
5. Freeport Parkway right-of-way to be 55 feet for their
Developer portion.
Applicant to make improvements to Gateway and Metro Drive
prior to planned completion on August 22, 1988 and the
addendum that was added.
e
Applicant should show on the final plat Developer intends
to meet all criteria of the Floodplain Ordinance including,
but not limited to, their construction of the
with pro-rata reimbursement·
8. Construction phases should be shown on the final plat and
construction plans.
All applicable Developer Codes for the City of Coppell,
ordinances, building permits, etc. to be enforced and the
individual lot owners will be required to pay applicable
fees prior to re-platting. These fees shall include, but
not limited to, water and sewer availability, sewer
connection fees, water tap fees, construction permit fees
and filing fees.
I0. Applicant agrees to revise water line easement as indicated
on the revised map dated October 6, 1987.
11.
Applicant agrees to provide an additional 20 foot
construction easement for the water line by separate
instrument.
Councilman Morton seconded the motion; motion carried with Mayor Pro Tea
Stsnton, Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and
Wolfe..y, Oz~.ng in favor of the motion.
'he City With A Beautiful Future
July 19, 1988
Mr. Ted Searcy
Southwestern Town Lot Corporation
4099 McEwen, suite 600
Farmers Branch, TX 75244
Re: Gateway Park at Coppe11, Construction,
Coppell, TX
P.O. Box 478
Coppell, Texas 75019
214-462-0022
Phases I, II, III
Dear Mr. Searcy:
It has been brought to my attention that Mr. Russell Doyle, P.E.,
City Engineer, has had conversations with your engineer, Mr. Pat
Acker, P.E. of .Albert Halff & Assoc., Inc., regarding the above
referenced project. Those conversations have determined that
commitment for the reconstruction of Southwestern Boulevard and
for the construction of Gateway Boulevard (Phase I), and Howell
and Metro Drives, as presented to the City Council on January 12,
1988, has changed. The work was to be completed by August 22,
1988.
In light of this information and the impact this shall have on
traffic safety and traffic flow to Pinkerton Elementary School,
a~d the surrounding businesses and residences, we will accept a
temporary connection to Southwestern Boulevard, as you have
proposed, for an interim solution until the project, as
originally approved, can move forward.
We appreciate Southwestern Town Lot Corporation's efforts to
strive to make the most of this situation. At this time, we
request Southwestern Town Lot Corporation's confirmation of the
verbal commitments made regarding the interim solution proposed.
The City will prepare a change order for pursuing construction of
the temporary connection with the City's Belt Line Road
contractor, Ed Bell Construction Company. Also, the city will
prepare design drawings and a temporary easement instrument for
temporary dedication to be secured.
Southwestern Town Lot Corporation shall execute said temporary
roadway easement and shall escrow the funds with the city prior
to the change order being approved by City Council. The escrow
shall be based on the city engineer's cost estimate. The escrow
shall cover the cost of engineering, construction, administration
and inspection required as a result of these changes. The final
amount due shall be based on the actual cost incurred as a result
of said improvements. Due to the limited time frame, August 22,
1988 completion date, preparation of the change order, easement
and design drawings are to proceed forth immediately.
For the record, please realize that at the appropriate time for
development of this property, the permanent roadway, utility and
drainage improvements, originally approved on the construction
plans, shall be required from the City.
Please signify your concurrence of the above by signing below.
We would appreciate receipt of your acknowledgement by July 25,
1988 due to our placing this on the July 26, 1988 City Council
agenda for consideration of this temporary solution and escrow
agreement between the Southwestern Town Lot Corporation and the
city of Coppell.
..ncerely,
Alan D. Ratliff
City Manager
KP/ADR/dsp
cc:
Russell Doyle, P.E.
Frank Trando
Larry Jackson
File 255
Mayor and City Council
Southwestern Town Lot Corp.
Date
C~UADRANT ,~