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Meadows P6/FP-CS 890630D. T. CONSTRUCTION, INC.- 2221 E. Lamar Blvd., Suite 950 Arlington, Texas 76006 817/640-8200 r P. O. Bo× ~8 CoppelVexas 75019 Re: Cffnstruction 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 Samuel Boulevard adjacent to our new subdivision, The Meadows Section Six. I thipk you will agree that it would be most economical to build the remaining portion, adjacent to the Saint Anne's Church property, at the same time. Since the City of Coppell (the "City") will be bearing the cost of that portion adjacent to the church property, this letter is written for the purpose of establishing an agreement under which the City is to pay D. T. Construction, Inc. CD.T.") for the total costs incurred by D.T. in the construction of the City's section of Samuel Boulevard. In consideration of the mutual promises of the City and D.T. and the mutual benefits to be obtained, the adequacy of which is hereby acknowledged, the parties hereto enter into this Agreement under the following procedures and conditions: Within ten (10) days of the acceptance by the City of the improvements for maintenance by the City, the City shall pay to D.T. the costs for 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%) $34,841.88 2,090.5 l 1,742.09 3,484.18 Total Estimated Amount Reimbursed to D.T. $42,158.66 All construction shall conform with the plans and specifications attached as Exhibit C, as designed by Paul S. Unzicker, Inc. D.T. shall manage the construction in a professional and expeditious manner and agrees to comply with and abide by the conditions set out in Exhibit "B' attached hereto, the same being made a part of 'this agreement as though set out herein verbatim. The amount paid by the City shall be the actual cost incurred by D.T. and shall be evidenced by the invoices submitted by the contractors to D.T. Mr. Ratliff, if this is acceptable to the City, please signify your approval by executing this agreement in the space provided below and return a fully-executed original hereof to D. T. Construction, Inc. GDJ/mlk Sir~gtely, Gordon D. J~s Vice President ACCEPTED, This ~ ' day of ~.:' ~ ~ ~-1989. THE CITY OF COPPELL ' Alan D. Ratliff, City Manager 1912 EXHIBIT A Consul:lng Engineer. 8700 Sremmons ~r~eway, Suite 400 Dallas, Texas 7524? (214) 634-3300 MEADOWS SECTION 6 - PHASE ONE SA>fUEL BOULEVARD IMI~ROVEPLENTS CITY PARTICIPATION for D.T. CONSTRUCTION, INC. June 15, 1989 Unit prices based on actual bid. ITEM RO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PAVING (fronting Church tract) 6" - 3500 P.S.I. Rein. Conc. Pave. 1250 S.Y. 13.60 17,000.00 Lime Stabilized Subgrade 1300 S.Y. 1.08 1,404.00 Hydrated Lime 18 ~ON 66.00 1,188.00 Dowel into Existing Pavement 285 ~ACH 2.00 570.00 Remove Existing Drive & Pavement 755 .Y. 2.20 1,661.00 Materials Testing 1 ..S. 250.00 250.00 SUBTOTAL '- 22,073.00 DRAINAGE 30" dia. Class IV R.C.P. 50 L.F. 37.49 1,874.50 30" dia. Class III R.C.P. 213 :L.F. 28.26 6~019.35 Std. 14' dia. Rec. Inlet 2 EACH 2100.00 4,200.00 Wye Connect I EACH 100.00 100.00 SUBTOTAL 12,193.88 STREET EXCAVATION & CLEARING Excavation 250 '%.Y. 1.18 295.00 Clearing & Grubbing 0.35 ~CRE 800.00 280.00 SUBTOTAL 575.00 $ 34,841.88 TOTAL Ce EXHIBIT "B" D. T. shall at all times remain an independent contractor, solely responsible for the manner and method of completing the construction of the project which is the subject of this Agreement ("The Project"), with full power and authority to select the means, method, and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the City being interested only in the result obtained and conformity of such completed improvements to the plans and specifications. Likewise, D. T., its contractors, and subcontractors, shall be responsible for the safety of themselves, their employees, and other persons, as well as for the protection of the safety of the improvements being constructed and the property of themselves and any other person, as a result of their operation in regard to The Project. D. T., its contractors, and subcontractors shall at all times exercise reasonable precautions for the safety of employees and others near the work and shall comply with all applicable provisions of Federal, state, and municipal safety laws and building construction codes. Attention is specifically directed to the Texas Occupational Safety Law. D. T., its contractors, and subcontractors shall at all times during the construction period be responsible for maintaining barricades, lighting, warning signs, warning lights, flags and speed limit signs within the construction area as is necessary to warn, safeguard and protect vehicular and all other traffic using the roadway within or approaching the construction area. D. T., its contractors and subcontractors shall provide and maintain flagmen at all points where operations interfere in any manner with traffic flow. Flagmen shall be English-speaking, courteous, well informed, physically and mentally able effectually to perform their duties in safeguarding and directing traffic and protecting the work, and shall be neatly attired and groomed at all times when on duty. Flagmen, when directing traffic, shall use standard flagging procedures set forth in the "Instructions to Flagmen" published by the Texas State Department of Highways and Public Transportation. D.T., its contractors and subcontractors shall provide and maintain such standard barricades or special barricades, warning signs, speed signs, lights and flags at points along The Project as may be necessary to protect the work and safeguard all traffic. All signs, barricades and working area layouts shall be provided and maintained in accordance with requirements of Part VI of the Manual on Uniform Traffic Control Devices, "Traffic Controls for Street and Highway Construction and Maintenance Operations". Signs and barricades to facilitate the flow of traffic will be the responsibility of D. T.', its contractors and subcontractors. The use of sufficient vertical panels with flashers in conjunction with necessary warning signs and barricades will be required to direct traffic. D. T. shall defend, indemnify, and hold harmless the City of Coppell, its respective officers, agents, and employees from and against all damages, claims, losses, demands, suits, judgments, costs or expenses, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of work within The Project, provided that such damages, claims, losses, demands, suits, judgments, costs or expenses are attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property including the loss of use resulting therefrom; and is caused in whole or in part by any negligent act or ommission of D. T., any contractor or subcontractor, or anyone directly or indirectly employed by any one of them, or anyone for whose acts any one of them may be liable. D. T., at its own expense, shall purchase, maintain and keep in force such insurance as will protect it from claims set forth below which may arise out of or result from D. T.'s construction within The Project, whether such operations be by itself or by any contractor or subcontractor, or by anyone directly or indirectly employed by any one of them, or by anyone for whose acts any of them may be liable: (1) worker's compensation claims, disability benefits, and other similar employee benefit acts; claims for damages because of bodily injury, occupational sickness or disease, or death of its employees, and claims insured by usual bodily injury liability coverages; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than its employees, and claims insured by usual bodily injury liability coverages; and (4) claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. Before commencing work within The Project area, D. T. shall file with the City valid certificates of insurance acceptable to the City. Such certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen (15) days' prio~ written notice has been given to the City. D.T. ge shall also file with the City valid certificates of insurance covering all contractors and subcontractors. D. T. agrees that it will indemnify and save the City harmless from all claims growing out of the lawful demands of contractors, subcontractors, laborers, workmen, mechanics, materialmen and furnishers Of machinery and parts thereof, equipment, power tools, and all supplies, including a commissary, incurred in the furtherance of the performance of this Project. D. T., its contractors and subcontractors shall take proper means to protect adjacent or adjoining property or properties in any way encountered which might be injured or seriously affected by any process of construction in regard to The Project, from any damage or injury by reason of said process of construction, and D. T. shall be liable for any and all claims for such damage on account of such failure to fully protect all adjoining property and further agree to indemnify, save and hold harmless the City against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the construction within The Project. D. T. agrees to be responsible for or require its contractor to be responsible to maintain, repair and reconstruct The Project in whole or in part for a period of twelve (12) months after acceptance of The Project by the City in the event of any failure due to defective materials or wormanship. D. T. agrees to require its contractor to execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price between D. T. and its contractor, in standard forms for this purpose, guaranteeing payment of all persons supplying labor and materials or furnishing any equipment in the execution of the contract, and further providing that said surety on such bonds shall be held firmly bound to D. T. and the City of Coppell in said sum, guaranteeing faithful performance of the work and the fulfillment of the guarantees set forth in paragraphs (g) and (i) above. The surety on each bond must be a responsible surety company which is qualified to do business in Texas and satisfactory to the City of Coppell. 1973