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Meadows Addn 6-CS 890630D. T. CONSTRUCTION, INC.- 2221 E. Lamar Blvd., Suite 950 Arlington, Texas 76006 8~?/6~o-82oo Mr. Alan D. R)Tdliff, ' y g City of Copp)rll P. O. Box ~J~?'8 CoppelTexas75019 Re: Construction Participation Agreement for Samuel Boulevard between Sandy Lake Road and Woodmoor Drive Dear Mr. Ratliff:' As you are aware, we are building the remaining half of S adjacent to our new subdivision, The Meadows Section Six. agree that it would be most economical to build the remaining to the Saint Anne's Church property, at the same time. Si Coppell (the "City") will be bearing the cost of that portion church property, this letter is written for the purpose of agreement under which the City is to pay D. T. Construction, the total costs incurred by D.T. in the construction of the Samuel Boulevard. In consideration of the mutual promises of the City and D.T. benefits to be obtained, the adequacy of which is hereby ac parties hereto enter into this Agreement under the following conditions: Within ten (10) days of the acceptance by the City of ! for maintenance by the City, the City shall pay to D. the City's portion of Samuel Boulevard, estimated to be: Actual Bid Construction Costs (itemized on Exhibit A attached hereto) Engineering Construction Management Contingency (10%) $34 2, 3, r tmuel Boulevard think you will >ortion, adjacent ce the City of adjacent to the establishing an Inc. ("D.T.") for ,'ity's section of and the mutual knowledged, the procedures and he improvements T. the costs for ,841.88 )90.51 742.09 484.18 Total Estimated Amount Reimbursed to D.T. $42 158.66 All construction shall conform with the plans and attached as Exhibit C, as designed by Paul S. Unzicker, Inc. D.T. shall manage the construction in a professional manner and agrees to comply with and abide by the co~ in Exhibit "B" attached hereto, the same being made agreement as though set out herein verbatim. The amount paid by the City shall be the actual cost in and shall be evidenced by the invoices submitted by th~ D.T. Mr. Ratliff, if this is acceptable to the City, please signify yo executing this agreement in the space provided below fully-executed original hereof to D. T. Construction, Inc. GDJ/mlk C~ ACCEPTED, This .-~ > day of .~.:_ THE CITY OF COPPELL / /' ~/'-' ,? i , :' ~--- -~ .......... By: Al-an .... D. Rathff, C~ty Manager ?'/7 :. :' ~;!Jdhd 1912 specifications ~nd expeditious lditions set out a part of this ,urred by D.T. contractors to r approval by lnd return a EXHIBIT A Cc D MEADOWS SECTION 6 - PHASE ONE SAMUEL BOULEVARD IMPROVEMENTS CITY PARTICIPATION for D.T. CONSTRUCTION, INC. June 15, 1989 Unit ~rices based on actual bid. nsul~lng Engineer6 mmons Freeway, Su~ 400 illa~, Texas 75247 (214) 634-3300 ITEM~O. DZ$CRIPTION QUANTI~ PRICE AMOUNT PAVING (fronting Church tract) 6" - 3500 P.S.I. Rein. Conc. Pave. 1250 13.60 17,000.00 Lime Stabilized Subgrade 1300 1.08 1,404.00 Hydrated Lime 18 66.00 1,188.00 Dowel into Existing Pavement 285 2.00 570.00 Remove Existing Drive & Pavement 755 2.20 1,661.00 Materials Testing 1 250.00 250.00 SUBTOTAL '. 22,073.00 DRAINAGE 30" dia. Class IV R.C.P. 50 37.49 1,874.50 30" dia. Class III R.C.P. 213 28.26 6~019.3~ Std. 14' dia. Rec. Inlet 2 2100.00 4,200.00 Wye Connect ! loo.oo loo.oo SUBTOTAL 12,193.88 STREET EXCAVATION & CLEARING Excavation 250 1.18 295.00 Clearing & Grubbing 0.35 800.00 280.00 SUBTOTAL 575.00 $ 34,841.88 TOTAL ~ ae ce D. T. shall at contractor, solely of completing the EXHIBIT "B" all times remain al~ independent responsible for the man~er and method construction of the project which is the subject of this Agreement ("The Project"), with full power and authority to select the mean~, method, and City being interested only in the result conformity of such completed improvement~ and specifications. manner of performing such work, so long a~ such methods do not adversely affect the completed improvements, the obtained and to the plans Likewise, D. T., its contractors, and st shall be responsible for the safety of the~ employees, and other persons, as well protection of the safety of the impro~ constructed and the property of themselves person, as a result of their operation in Project. D. T., its contractors, and s shall at all times exercise reasonable pz the safety of employees and others nea! shall comply with all applicable provisio~ state, and municipal safety laws a construction codes. Attention is specific to the Texas Occupational Safety Law. D. T., its contractors, and subcontractors times during the construction period be rs maintaining barricades, lighting, warning s lights, flags and speed limit signs construction area as is necessary to warn, protect vehicular and all other traffic usi~ within or approaching the construction area contractors and subcontractors shall provids flagmen at all points where operations int manner with traffic flow. Flagme~ English-speaking, courteous, well informed and mentally able effectually to perform th bcontractors, selves, their as for the 'ements being and any other regard to The ubcontractors ecautions for the work and s of Federal, nd building ally directed shall at all sponsible for igns, warning within the safeguard and g the roadway · D. T., its and maintain erfere in any shall be , physically eir duties in safeguarding and directing traffic and protecting the work, and shall be neatly attired and ~r~omed at all times when on duty. Flagmen, when direOt~ng traffic, shall use standard flagging procedures set "Instructions to Flagmen" published by th Department of Highways and Public Transporta its contractors and subcontractors shall maintain such standard barricades or specia warning signs, speed signs, lights and fl along The Project as may be necessary to pro and safeguard all traffic. All signs, b working area layouts shall be provided and accordance with requirements of Part VI of Uniform Traffic Control Devices, "Traffic Street and Highway Construction and Operations". Signs and barricades to facili forth in the e Texas State tion. D.T., provide and 1 barricades, ags at points tect the work mrricades and maintained in ~he Manual on Controls for Maintenance ~ate the flow de f® of traffic will be the responsibility contractors and subcontractors. The use vertical panels with flashers in conjl necessary warning signs and barricades wil~ to direct traffic. D. T. shall defend, indemnify, and hold harm~ of Coppell, its respective officers, employees from and against all damages, cl~ demands, suits, judgments, costs or expens~ reasonable attorneys' fees and expenses, al or resulting from the performance of wo~ Project, provided that such damages, cla~ demands, suits, judgments, costs or attributable to bodily injury, sickness, death, or to injury or to destruction property including the loss of use resulti and is caused in whole or in part by anY neg2 ommission of D. T., any contractor or subc~ anyone directly or indirectly employed ~ them, or anyone for whose acts any one o: liable. D. T., at its own expense, shall purchase, keep in force such insurance as will claims set forth below which may arise out from D. T.'s construction within The Pro' such operations be by itself or by any subcontractor, or by anyone directly o employed by any one of them, or by anyone any of them may be liable: (2) (3) (4) worker's compensation claims, disabil: and other similar employee benefit acts; claims for damages because of bo¢ occupational sickness or disease, or employees, and claims insured by usual liability coverages; claims for damages because of bo sickness or disease, or death of any than its employees, and claims insu~ bodily injury liability coverages; and claims for damages because of destruction of tangible property, incl% use resulting therefrom. ~ D. T., its if sufficient lnction with be required ess the City agents, and Lims, losses, rs, including :ising out of :k within The .ms, losses, ~xpenses are disease or of tangible ~ therefrom; .igent act or )ntractor, or any one of them may be maintain and )tect it from of or result iect, whether :ontractor or ' indirectly )r whose acts ~ty benefits, lily injury, death of its )odily injury lily injury, person other :ed by usual ~jury to or ~ding loss of acceptable to the City. Such certificates 9hall contain a provision that coverages afforded under|the policies will not be cancelled until at least fifte4n (15) days' prior written notice has been given to the/City. D.T. Before commencing work within The. Projec~ area, D. T. shall file with the City valid cert~ficates~of insurance nj shall also file with the City valid ce insurance covering all contractors and subcon D. T. agrees that it will indemnify and harmless from all claims growing out of demands of contractors, subcontractors workmen, mechanics, materialmen and f machinery and parts thereof, equipment, pow all supplies, including a com~issary, in furtherance of the performance of this Projec D. T., its contractors and subcontractor proper means to protect adjacent or adjoinin properties in any way encountered which or seriously affected by any process of co regard to The Project, from any damage reason of said process of construction, an be liable for any and all claims for s account of such failure to fully protect property and further agree to indemnify, harmless the City against any claim or claim due to any injury to any adjacent or adjoin arising or growing out of the perform construction within The Project. D. T. agrees to be responsible for or contractor to be responsible to maintain reconstruct The Project in whole or in part of twelve (12) months after acceptance of T the City in the event of any failure due materials or wormanship. D. T. agrees to require its contractor separate performance and payment bonds, ea of one hundred (100) percent of the total c between D. T. and its contractor, in stand this purpose, guaranteeing payment of supplying labor and materials or furnishing in the execution of the contract, and furt that said surety on such bonds shall be held to D. T. and the City of Coppell i guaranteeing faithful performance of the fulfillment of the guarantees set forth in p and (i) above. The surety on each bo responsible surety company which is qual business in Texas and satisfactory to Coppell. 1973 rtificates of tractors. save the City the lawful , laborers, urnishers of er tools, and curred in the t. s shall take q property or ht be injured nstruction in or injury by ~ D. T. shall uch damage on all adjoining save and hold s for damages lng property, ance of the require its repair and for a period le Project by to defective to execute =h in the sum ~ntract price mrd forms for all persons mny equipment ~er providing firmly bound ~ said sum, work and the ~ragraphs (g) md must be a ified to do the City of