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