ST8501-CN 950828Dallas Area Rapid Transit
P.O. Box 660163
Dallas, Texas 75266-0163
214/749-3278
August 28, 1995
Mr. Larry Goodson
President
Railroad Contracting, Inc.
P. O. Box 850
Sherman, Texas 75091
Re: ConstructioAgreement and Contractor*s Right of Entry No. 950828 covering reconstruction
of Freeport Parkway for the City of Coppell
Dear Mr. Goodson:
Enclosed is a fully-executed agreement as referenced for your records. Should you need to
contact us in the future regarding this Permit, please refer to the agreement number referenced
above.
Ifl can be of assistance in the future, please contact me at (214) 749-2917.
Sincerely,
Commuter Rail & Railroad Man~raent
/
J-MS:
Enclomre
¢: Mr. Kerm~ M. Griffin, City of Copl~ll
STANDARD CONSTRUCTION AGREEMENT
AND CONTRACTOR'S RIGHT OF ENTRY
~ 19~o~na is made by and
THIS AGREEMENT, dated 'reg
between Dallas Area Rapid i transportation
authority created and existing pursuant to Article 1118y, as
amended, Texas Revised Civil Statutes, as confirmed by a vote of
the people, hereinafter called "DART" and
hereinafter called "Contractor".
W I T N E S S E T H:
For the period not to extend beyond August 15 , 1995 ,
DART hereby permits Contractor to enter upon the property of
DART at Freeport Parkway, Mile Post 609.34 in Coppell, Dallas
County, Texas, as may be necessary in connection with work to
be performed on DART premises by Contractor under agreement
between Contractor and the City of Coppell (the "Contract"),
and for no other purpose. Contractor understands that the
Contract and all work to be performed thereunder is subject
to the terms and conditions contained in the Street or
Highway Easement dated November 16, 1981 granted by the St.
Louis Southwestern Railway Company to the City of Coppell,
assigned to DART by mesh. conveyances and which is
incorporated herein by reference.
2. Contractor agrees to:
(a)
Perform that portion of the work on DART premises in
accordance with plans and specifications approved by DART and
the St. Louis Southwestern Railway Company ("Railroad") in
such manner and at such times as shall not endanger or
interfere with DART's or Railroad's representatives.
Contractor shall submit to DART and Railroad for approval all
construction details, falsework and other incidentals not
detailed in plans, insofar as they affect DART and Railroad.
Maintain, at Contractor's expense, competent flagmen to
protect and control movement of vehicles and equipment of
Contractor while upon DART premises.
(c)
Notify DART and Railroad at least five (5) working days
before commencing work on DART premises and within five (5)
working days after such work is completed and notify
SPTeleoom at 1-800-283-4237 to determine if a
teleco~munioation, s~stem is buried about work area and to
make arrangements with BPToIocom to relocate or otherwise
protect the s~stem prior to beginning work.
(d)
Keep all equipment, tools and materials stored at least
fifteen (15') feet from the centerline of any operable track.
Explosives or other highly inflammable substances or any
hazardous materials regulated pursuant to federal or state
FREEPORT.DOCjms I of 5
(e)
(f)
(g)
regulation will not be stored on DART premises without the
prior approval of DART's representative.
Remove all of Contractor's tools, equipment and materials
from DART premises promptly upon completion of work,
restoring DART premises to the same state and condition as
when Contractor entered thereon.
Reimburse DART and Railroad for all costs and expense
incurred by DART and/or Railroad in connection with said
work, including without limitation the expense of furnishing
such inspectors, watchmen and flagmen as DART and Railroad
deem necessary, the installation and removal of falsework
beneath tracks, and restoration of DART's property to the
same condition as when Contractor entered thereon, or to a
condition satisfactory to DART's representative.
Remove any lien against DART's property arising from
performance of work hereunder by Contractor or any
subcontractor.
Contractor aarees to release, defend and indemnify DART ~nd
~_9~1~, from and against all loss, damage, claims, costs,
expenses, including attorney's fees, and liability for bodily
injury to or death of any persons and loss of or damage to
any property and loss of use thereof (including but not
limited to employees, subcontractors, agents, invitees and
the property of each party hereto) arising out of or in any
way connected with the work under said agreement upon or
adjacent to DART property, whether or not caused or
contributed to by the presence or operation O~ DART or
Railroad trains, engines, cars or other e_~ipment, structures
or facilities of DART or Railroad or any other Daffy. or kY
nealiaence or alleaed nealiaence on the Dart of DART or
Railroad. or any of DART's or Railroad's aaents, emDlov~$,
contractors, subcontractors or inviteeg, In the event any
part of the provisions of this section are determined by any
statutory enactment or judicial decision to be void or
unenforceable, then this section shall not fail in its
entirety but will be enforceable to the extent permitted by
law. For the purposes of this section, the term "Railroad"
shall include any other railroad company using DART property
with DART's consent and any affiliate, subsidiary or lessor
of DART.
Prior to start of work or occupancy of premises under this
agreement, Contractor agrees to procure and maintain at its
sole cost and expense, the _f~llowing types and amounts of
insurance with an inSUrer or insurers and form satisfactory
to DART:
Comprehensive general and automobile liability insurance
with contractual liability endorsement and products and
completed operations hazards included, which shall provide
coverage for combined single limits of not less than
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(a)
$2~000,000~ as further outlined !:~1o~.
All insurance coverages required by the attached
agreement shall provide the following as a minimum standard=
Comprehensive General Liability With Contractual Liability
Endorsement.
- Combined single limit of at least $2,000,000.
- DART and Railroad are named as additional insureds without
any qualifications or restrictions.
- Contractual liability endorsement must have exclusions for
operations within 50 feet of a railroad and for XCU
hazards deleted.
- DART must have 30 days notice of cancellation or
modification.
(b) Comprehensive Automobile Liability Policy
- Combined single limit of at least $2 million.
- DART and Railroad are named as additional insureds without
any qualifications or restrictions.
- DART must have 30 days notice of cancellation or
modification.
(c) Workers' Compensation Insurance
(d)
- Providing Statutory Benefits under the Workers'
Compensation Act of the State of Texas and/or any other
State or Federal Law or Laws applicable to the Contractor's
employees performing the work under this agreement.
- Employer's Liability Insurance with limits of liability of
not less than $100,000 each accident, $100,000 each
employee for disease and $500,000 policy limit for disease.
- Endorsed with a Waiver of Subrogation Endorsement, waiving
the carrier's right of recovery under subrogation or
otherwise from the Authority.
Contractor agrees to furnish DART Certificates of Insurance
(or, as and when DART may direct, copies of the actual
insurance policies) as evidence o~the coverages outlined.in
(a), (b) and (c) above. Approval will be expedited if all
required coverages and the following endorsements are
included on the Certificates.
Endorsement showing the DART and Railroad named as
additional insureds in (a) and (b) above and requiring that
DART be given 30 days notice of cancellation or
FREEPORT.DOCjms 3 of 5
e
10.
modification.
- Contractual liability endorsement.
- Endorsement removing exclusions from contractual
liability endorsement for operations within 50 feet of
a railroad and for XCU hazards.
- Waiver of subrogation endorsement.
All policies should contain a cross liability endorsement
reading as follows:
"It is agreed that the inclusion of more than one
person, corporation, organization, firm or entity as insured
under this policy shall not in any way affect the rights of
any such person, corporation, organization, firm or entity
with respect to any claim, demand, suit or judgment made,
brought or recovered by or in favor of any other insured.
This policy shall protect each person, corporation,
organization, firm or entity in the same manner as though a
separate policy had been issued to each; provided that this
endorsement shall not operate to increase the company's
limits of liability as set forth elsewhere in this policy."
Contractor shall deposit with DART the sum of -0-
($__-0- ) representing the estimated expense to be incurred
by DART in connection with said work. Contractor shall
deposit with Railroad the sum of -0- ($ -0- )
representing the estimated expense to be incurred by Railroad
in connection with said work.
If there is no amount indicated in the blank space provided
above for the deposit to be made by Contractor, in lieu of
such deposit Contractor shall cause the attached performance
bond to be executed by a reliable surety acceptable to DART
and Railroad, condition upon the faithful performance of the
provisions of this agreement.
The permission herein given shall not be assigned by
Contractor without the prior written consent of DART except
in the case of subcontractors who shall be deemed agents of
Contractor subject to the terms of this agreement.
No vehicular crossing over DART's track shall be installed or
used by Contractor without prior written permigsion of DART.
No work shall be done between the hours of 6:00 p.m. and 6:00
a.m., nor on Saturdays, Sundays or legal holidays without
prior written permission of DART.
At DART's request, Contractor shall remove from DART premises
any employee of Contractor or any subcontractor who fails to
conform to the instructions of DART's or Railroad's
representatives in connection with work on DART premises, and
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any right of Contractor to enter upon DART premises shall be
suspended until such request of DART or Railroad is met.
Contractor shall indemnify DART and Railroad against any
claim arising from the removal of any such employee from DART
premises.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in triplicate the day and year first above
written.
DALLAS~ RAPID TRANSIT
LONNIE E. BLAYDES, JR.
Vice President
Commuter Rail & Railroad Management
Office of DART General Counsel
CONTRACTOR
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