WA9401-AG 941213CITY COUNCIL MEETING:
December 13, 1994
ITEM #
ITEM CAPTION:
Consideration and approval of paying $500.00 to enter into a license agreement with Dallas Area Rapidt
Transit for the construction of a portion of the East Beltline Road water line and authorizing the Mayor
to sign.
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Asst. City Manager/Dir. Public Works
STAFF COMMENTS:
INITIALS
On November 8th, 1994, the bid for the construction of the East Beltline Road water line was awarded
to Architectural Utilities. Part of the construction of that project requires the City to bore beneath
Beltline Road and the railroad tracks to the north. Even though we are boring under the railroad track,
DART requires us to execute a license agreement for crossing their facilities.
STAFF RECOMMENDATION Approval E Denial
EXPLANATION:
SUrf recommends paymentof$500.O0, approval of the license agreement andauthorhation ~r the
Mayortosign. Smff will beavailableto answeranyquestions at the Council meeting.
BUDGET AMT.$
FINANCIAL COMMENTS:
AMT. EST.$ +/- BUD:$
FINANCIAL REVIEW:
CITY MANAGER REVIEW:
Agenda Request Form - Revised 1/94
Dallas AreaRapid Transit
P.O. Box 660163
Dallas, Texas 75266-0163
214/749-3278
November 16, 1994
Mr. Kenneth M. Griffin, P.E.
Asst. City Manager/City Engineer
City of C oppell
P. O. Box 478
Coppell, Texas 75019
Re: License Agreement covering an 8-inch water pipeline crossing at Mile Post 605.4 in Coppert
Dear Mr. Griffin:
DART's engineering consultants completed the review of the City's plans for the proposed East
Beltline Road Water Line crossing. The only concerns were that the encasement material be
increased from 9/32" to 3/8", and the limits of the encasemerit be identified on the plan sheets.
Upon acknowledgment that these matters will be addressed in the final plans, DART will execute
the License Agreement transmitted to you November 8. Should you have any questions or
concerns, please contact me at 749-2917.
Sincerely,
Railroad Management
Dallas Area Rapid Transit
P.O. Box 660163
Dallas, Texas 75266-0163
214/749-3278
November 8, 1994
Mr. Kenneth M. Griffin, P.E.
Asst. City Manager/City Engineer
City of Coppea
P. O. Box 478
Coppell, Texas 75019
Re: License Agreement covering an 8-inch water pipeline crossing at Mile Post 605.4 in Coppell
DearMr. Griffin:
Enclosed are three (3) License copies submitted for the City's review and approval. If
satisfactory, please see that all three copies are signed by an authorized city official and returned
to us together with remittance for the consideration due. Upon final approval and signature by
DART's authorized representative, one fully-executed License copy will be returned for
records.
DARTs standard Construction Agreement and Contracto?s Right of Entry forms are enclosed.
Please see that these documents are forwarded to the City's contractor to complete, sign and
return to me. No work on DART fight of way is authorized until this document is completed and
insurance provided by the contractor is approved by DART.
If I can be of assistance to any of the parties involved in this project, please contact me at (214)
749-2917.
~eidner
Railroad Management
/MS:
Enclosures
LICENSE AGREEMENT
THIS AGREEMENT by and between DALLAS AREA RAPID TRANSIT, ("DART'), a
regional transportation authority, created, organized and existing pursuant to Article 111By,
V.A.T.C.S., as mended (the *Act"), and the CITY OF COPPELL, a municipal corporation
("Lieensee'), acting herein by and through its duly authorized dty manager, whose mailing
address is P. O. Box 478, Coppell, Texas (75019).
WITNESSETH:
In consideration of (1) FIVE HUNDRED AND NO/100 ($500.00) DOLLARS cash in
hand paid by Licensee to DART, and (2) the faithrid performance by Licens~ of all of the
covenants and agreements contained in this Agreement to be performed by Licensee, DART
HEREBY GRANTS A LICENSE to Licensee for the purpose of constructing installing and
maintaining one 8-inch water pipeline (the "Permitted Improvements") crossing at lVfile Post
605.4 in Coppell, Dallas County, Texas, more particularly described as shown in Exhibits "A-I'
and "A-2" attached hereto and incorporated herein for all pertinent purposes (the "Property").
The Property shah be used by Licensee solely for the purpose of installation, maintenance
and subsequent use of the Permitted Improvements (the "Permitted Use"). Licensee's right to
enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted
Improvements.
This License is granted subject to the terms and conditions set out below.
1. Term. The term of this license shah be perpetual subject, however, to termination by
either party as provided herein.
2. Non Exclusive License. This license is non-exclusive and is subject to (a) any existing
utility, drainage or communication facility located in, on, under, or upon the Property owned by
DART, any railroad, utility, or communication company, public or private; (b) to all vested rights
presen~y owned by any railroad, utility or communication company, public or private, for the use
of the Property for facilities presently located within the houndaries of the Property; and (c) to
any existin8 lease, license or other interest in the Property granted by DART to any individual,
corporation or other entity, public or private.
3. Desiin. Construction. Operation and Maintenance. DART's use of the Property and
adjoining property will include the use of electrically powered equipment. Notwithstanding
DART's inclusion within its system of measures designed to reduce stray current which may cause
corrosion, Licensee is hereby warned that such measures may not prevent electrical current
being present in proximity to the Pemitted ImprovemenU and that such presence could
produce corrosive effects to the Pemitted Improvements.
Beltline Road 1 of 6
3.01. All design, construction, reconstruction, replacement, removal, operation
and maintenance of the Permitted Improvements on the Property shall be done in such a manner
so as not to interfere in any way with the operations of DART or other railroad operations (the
"Railroad", whether one or more). In particular, cathodic protection or other stray current
corrosion control measures of the Permitted Improvements as required shah be made a pan of the
design and construction of the Permitted Improvements.
3.02. During the design phase and prior to commencing construction on the
Property, a copy of the construction plans showing the exact location, type and depth of the
construction, any cathodic protection measures and any working area, shall be submitted for
written approval to DART when the construction is going to be within the area of Railroad
operations. Such approval shall not be unreasonably withheld. No work shall conunence until
said plans have been approved by DART and Railroad.
3.03. By acceptance of this license, Licensee agrees to design and construct the
Permitted Improvements in such a manner so as not to create a hazard to the use of the Property,
and further agrees to pay any damages which may arise by reason of Licensee's use of the
Property under this Agreement.
3.04. By acceptance of this license, Licensee covenants and agrees to in.s'~"~te and
maintain a reasonable testing program to determine whether or not additional cathodic protection
of its Permitted Improvements is necessary and if it is or should become necessary, such
protection shah be immediately instituted by Licensee at its sole cost and expense.
3.05. Absence of markers does not constitute a warranty by DART that
there are no subsurface instalhtions on the Property.
4. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible
for and shah obtain, any and aH licenses, permits, or other approvals from any and all
governmental agencies, federal, state or local, required to carry on any activity permitted herein.
5. DART's Standard Contract and Insurance. No work on the Property shah be
commenced by Licz. nsee or any contractor for Licensee until such Licensee or contractor shah
have executed DART's Standard Contractors Agreement covering such work, and has furnished
insurance coverage in such amounts and types as shall be satisfactory to DART.
6. Duty of Care in Construction. Licensee or its contractor shall use reasonable care
during the construction period and tlm'ufier, to avoid dsmaging any existing buildings,
equipment and vegetation on or about the Property and any adjacent property owned by or under
the control of DART. fithe failure to use reasonable care by the Licensee or its contractor causes
damage to the Property or such adjacent property, the Licensee and/or its contractor shah
immediately replace or repair the damage at no cost or expense to DART. ff Licensee or its
contractor fails or refuses to make such replacement, DART shall have the right, but not the
obligation, to make or effect any such repair or replacement at the sole cost and expense of
Licensee, which cost and expense Licensee agrees to pay to DART.
Beltline Road 2 of 6
7. Environmental Protection.
7.01 Licensee shah not use or permit the use of the Property for any purpose that
may be in violation of any laws pertaining to health or the environment, including without
limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980
("CERCLA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water
Code and the Texas Solid Waste Disposal Act.
7.02. Licensee warrants that the Permitted Use of the Property will not result in
the disposal or other release of any hazardous substance or solid waste on or to the Property, and
that it will take all steps necessary to insure that no such hazardous substance or solid waste will
ever be discharged onto the Property by Licensee or its Contractors.
7.03. The terms "hazardous substance' and "release" shatl have the meanings
specified in CERCLA and the terms "solid waste" and 'disposal" (or "disposed") shah have the
meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or
RCRA is mended so as to broaden the meaning of any term defined thereby, such broader
meaning shall apply subsequent to the effective date of such amendment; and PROVIDED
FURTHER, that to the extent that the laws of the State of Texas establish a meaning for
"hazardous substance", "release', "solid waste", or "disposal", which is broader than that specified
in either CERCLA or RCRA, such broader meaning shall apply.
7.04. Licensee shall indemnify and hold DART harmless against all cost of
environmental clean up to the Property resulting from Licensees use of the Property under this
Agreement.
8. Mechanic's Liens Not Permitted. Licensee shah fully pay for all labor and materials
used in, on, or about the Property and will not permit or suffer any mechanic's or rnatetialmen's
liens of any nature to be airDeed against the Property by reason of any work done or materials
furnished to the Property at Licensees instance or request.
9. Maintenance of Completed Improvements. After the Permitted Improvements have
been constructed, they shall be maintained by the Licensee in such a manner as to keep the
Property in a good and safe condition with respect to Licensee's use. In the event the Licensee
fails to maintain the Property as required, upon discovery, DART shall notify Licensee of such
occurrence in writing. In the event Licensee shah not have remedied the failure within ten (10)
days from the date of such notice, DART shah have the tight, but not the obligation to remedy
such failure at the sole cost and expense of Licensee. In the event DART exercises its tight to
remedy Licensee's failure, Licensee agrees to immediately pay to DART aH costs incurred by
DART upon demand.
Beltline Road 3 of 6
10. Future Use by DAKT.
10.01. This license is made expressly subject and subordinate to the fight of
DART to use the Property for any purpose whatsoever.
10.02. In the event that DART shall, at any time subsequent to the date of this
Agreement, at its sole dis~Tetion, determine that the relocation of the Permitted Improvements
shall be necessary or convenient for DART's use of the Property, Licensee shall at its sole cost
and expense relocate said Permitted Improvements so as not to interfere with DART's or DART's
assigns use of the Property. In this regard, DART may, but is not obligated to, designate other
property for the relocation of the Permitted Improvements. A minimum of thirty (30) days
written notice for the exercise of one or more of the above actions shall be given by DART.
11. Relocation Benefits, The parties hereto agree that the construction of the Permitted
Improvements on the Property is subsequent to the acquisition of the Property by DART and that
the Licensee has and asserts no claim under the Act, or otherwise, regarding the payment of any
and all relocation benefits and that aH costs associated with any relocation of such Improvements
shall be borne by the Licensee.
12. Duration of License. This license shall terminate and be of no further force and effect
(a) in the event Licensee shah discontinue or abandon the use of the Permitted Improvements; (b)
in the event Licensee shall relocate the Permitted Improvements from the Property; (c) upon
termination in accor~ with paragraph 17 of this Agreement, whichever event first oc~un.
13. Compliance With t ~ws and ReVulations. Licensee agrees to abide by and be
governed by all laws, ordinances sad regulations of any and all governmental entities having
jurisdiction over the Licensee and by railroad regulations, policies and operating procedures
established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to
indemnify and bold DART harmless from any failure to so abide and all actions resulting
therefrom.
14. Indemnification.
14.01. Licensee shah defend, protect and keep DART and Railroad forever
harmless and indemnified against and from any penalty, or damage, or charge, imposed for any
violation of any law, ordinance, rule or regu!__ation arising out of the use of the Property by
Licensee, whether occasioned by the neglect of Licensee, its employees, officers, agents,
contractors or assigns, or those holding under Licensee;
14.02. Licensee shall at all times protect, indemnify and it is the intention of the
parties hento that Licensee bold DART and Railroad harmless against and from any and all
loss, cost, damage or expense, including attorney's fe~__, arising out of; or from any accident or
other occurrence on or about the Property causing personal injury, death, or property damage,
except when by the willful misconduct or negligeace of DART or Railroad, their officers,
~'[ing out of the permitted Dallas Area Rapid Transit
use and the permitted iraprovements ~ity of Coppell
employees or agents, and then only to the extent of the proportion of any fault determined against
DART for its willful misconduct or negligence;
14.03. Licensee shall at all times protect, indemnify and hold DART and Railroad
harmless against and from any and nil loss, cost, damage or expense, including attomey's fees,
arising out of or from any and nil claims or causes of action resulting from any failure of Licensee,
its officers, employees, agents, contractors or assigns in any respea to comply .with and perform
all the requirements and provisions hereof.
15. Action Upon Tormination of License. At such time as this license may be terminated
or cancelled for any reason whatever, Licensee, upon request by DART, shall remove all
improvements and appurtenances owned by it, situated in, under or attached to the Property and
shall restore the Property to the condition existing at the date of execution of this License, at
Licensees sole expense.
16. Assignment. Licensee shall not assign or transfer its rights under this Agreement in
whole or in part, or permit any other person or entity to use the License hereby granted without
the prior written consent of DART which DART is under no obligation to grant
17. Methods of Termination. This Agreement may be terminated in any of the following
ways:
17.01. Written Agreement ofhoth parties;
17.02. By either party giving the other party thirty (30) days written notice;
17.03. By either party, upon failure of the other party to perform its obligations
as set forth in this Agreement.
18. Miscellaneous.
18.0 1. Notice. When notice is permitted or required by this Agreement, it shall be
in writing and shall he deemed delivered when delivered in person or when placed, postage
prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the
following addresses:
DART:
Dallas Area Rapid Transit
P. O. Box 660163
Dallas, Texas 75266-7210
Attn: 'Railroad Management
LICENSEE:
City of Coppell
P. O. Box 478
Coppelt, Texas 75019
Arm: City Enginu=
Beltline Road S of 6
Either party may f~om time to time desiSnate another and different address for receipt of
notice by giving notice of such change of address.
18.02. Attorney Fees. Any signatory to this Agreement who is the prevailing
party in any legal proceeding against any other signatory brought under or with relation to this
Agreement shah be entitled to recover court costs and reasonable attorney fees fi'om the
non-prevailing party.
18.03 Governing Law. This Agreement shall be construed under and in
accordance with the laws of the State of Texas.
18.04 Entirety and Amendments. This Agreem~ embodies the entire agreement
between the parties and supersedes all prior agreements and understandings, if any, relating to the
Property and the matters addressed herein, and may be amended or supplemented only by a
written instrument executed by the party against whom enforcement is sought.
18.05. Parties Bound. This Agreement shall be binding upon and inure to the
benefit of the executing parties and their respective heirs, personal representatives, successors and
assigns.
18.06. Number and Gender. Words of any gender used in this Agreement shall be
held and construed to include any other gender; and words in the singular shah include the plural
and vice versa, unless the text clearly requires othem4se.
HCENSOR:
DALLAS AREA RAPID TRANSIT
By~ce presidO~~L~~
Commuter Rail & Railroad Management
HCENSEE:
APPROVED AS TO FORM:
Odce of DART General Counsel
CITY 0 PPELL
By:
Beltline Road 6 of 6
INFOIIMAllON BY APPLICANT
APPLICANT TO FILe IN ALL, INFORMATION LIII[~$ OR N/A IF IT OOL~ NOT APPLY.
L'~I/'NEll INHTAU,ATION I_':'1 II~COlISll~JCllON
PIPE IJNE CARRYING ~ FI.Aild&BLI: OR HAZARDOIlS SillSTANCES
( ~[ RAILROAU STANO~IID C.S. 1?42 )
C)Zf"NON-FLAIdMAIIF- 31JBSTANCES
i ( ME RAILROAD STANOARD C,S. 1?41 )
E'l bULYERT
Pum, os~ ...e,..o~..~..ey..~:.~....,mL..~,..Ak~. .............................................................
IF PiPE ON CA~IMO DIIMEI'ER I] ORtr&T[R I'HAD 3'-S" APPt. lC:tNT SlIALL .*M.IIMIT
F. NINI:E RII'~ PLANS,. CALCULATIONS. IPEGIFICATIOMS. AND ~OILm RE:PONT.
INFOI~AlION BY RAILROAD
MAIN LIN[ ............................................
BRANCH Lllt[ .......................................
IN. OF TRACKg CROggED ..................
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MIII~IUM OF ~ OAYS NOTIC[ REOUJRIEO I~IOR TO IrNTRY FOR COISTRUCTIOR
UNneRBROUIID FIE OPIlC C~I.I: MAY lIE LOCATED BR RISHT-OF-WAY. CORTACT
S j,. T[L[COM AT II{X)I. ZS31-4~37 TO VERIFY LOCATION AND INIIOR TO OI6~llle.
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I[GIIOII A-A efOlllll A-A
PIP(LINE CARRYIN6 NON-FLAMI~ SUeSTANCES PIPELINE CANRYING FLAIIE $U6$TAIICES
SEE C.S. 1741 SEE C.8. 1742
r~Ull.lEllll PACIFIC 1RANGPOItTAlIOIi
6T, LOUIS 6OUTHIiF, S'IERN RY, CO,
61)U1HF, RN PACIFIC OHICAGI) ST, LOUIS COItP.
BATA SitSIll8
PIRUIl,lltelll4i IT eF
d. M. K~'NNED Y H. R.
Zea. ~
-
~, Dallas Area Rapid Transit
~ Pl Box 66C163
~ Dallas, Texas 75266-:~03
~ ..... 214/748-3278
TO THE CONTRACTOR:
NO WOI~ WITHIN DKRT RIGHT-OF-WAY I8 AUTHORIZED UNTIL THIS
DOCUMENT I8 PROPERLY SUBMITTED AND THE INSUIt~NCE REQUIRED ~PPROVED BY
DART.
Certain information in Section 1 may not be available at the time
this document is submitted to the Licenses. The License Agreement
No./Date will be completed by DART. The date of the Construction
Agreement/Contractor's Right. of Entry will be entered when the
document is fully executed. Please complete the following
information:
legal name of company on pages i and 5
projected completion date of work within DART right-of-way in
Section 1 (evidence of insurance must be provided to DART until
all work within DART right-of-way is completed)
three (3) completed originals signed by the president or a vice
president
documents must be submitted to DART together with evidence of
insurance which meets the requirements set forth on pages 2-4
Return documents with insurance to:
DART
Attn: Jan Seidner
P. O. Box 660163
Dallas, TX 75266-7230
Notice must be given to any operating railroad and to any
existing utility companies occupying the right-of-way in the vicinity
of this work prior to construction.
Please contact Jan Seidner at (214) 749-2917 with any questions
or concerns regarding this agreement.
STANDARD CONSTRUCTION AGREEMENT
AND CONTRACTOR'S RIGHT OF ENTRY
THIS AGREEMENT, dated , 19 , is made by and between
Dallas Area Rapid Transit, a regional transportation authority created and existing
pursuant to Article 1118y, as amended, Texas Revised Civil Statutes, as continned by a
vote of the people, hereinafier called "DART" and
hereinafter called "Contractor'.
WITNESSETH:
For the period not to extend beyond , 19 , DART hereby
permits Contractor to enter upon the property of DART west of the Elm Fork
Trinity River Bridge crossing at lVFde Post 605.4 in Coppert, 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 License Agreement No. , dated the day of
· 19 , issued by DART to the City of Coppert, 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 (the "Railroad") in such manner and at such times as shall not endanger
or interfere with DARTs or Railrond'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.
(b)
Maintain, at Contractoes expense, competent ~agmen"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 SPTdecom at !-800-283-4237 to determine if ·
telecommunications system is buried about work area and to make
arrangements with SPTdeeom to rdoeate or otherwise protect the system
prior to beginning work.
(d)
Keep all equipment, tools and materials stored at least fifteen (15') feet ~om the
centerline of any operable track. Explosives or other highly inflammable
coppen
lof5
substances or any hazardous materials regulated pursuant to federal or state
regulation will not be stored on DART premises without the prior approval of
DART's representative.
(e)
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.
(f)
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 agrees to release. defend and indemnify DART and Railroad. 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 ILmited 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 of DART or Railroad trains, engines. cars or other equipment. structure~
or facilities of DART or Railroad or any other party. or by negligence or alleged
negligence on the part of DART or Railroad. or any of DART's or Railroad's
agents. employees. contractors. subcontractors or invitees. 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, subsidiax~ 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 following 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 sinSle limits of not less than
$2,000,000, as further outlined below.
Coppell 2 of 5
(a)
(b)
(d)
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 b,,-~,rds deleted.
- DART must have 30 days notice of cancellation or modification.
Comprehensive Automobile Liability Policy
- Combined single limit of at least $2 million.
- DART and Railroad are named as additional insureds without any qualifications
or r~trictions.
- DART must have 30 days notice of cancellation or modification.
Workers' Compensation Insurance
- 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.
-Employees Liability Insurance with limits of liability of not less than $100,000
each accident, $100,000 each employee for disease and $500,000 policy limit for
disease. -'
- Endorsed with a Waiver of Subrogation Endorsement, waiving the carries right
of recovery under subrogation or otherwise from the Authority.
Contractor agrees to furnish DART Certificates of Insurance (or, as and when
DART may direct, copies of the actual insurance policies) as evidence of the
coverages outlined in (a), (b) and (c) above. Approval will be expedited if all
required coverages and the following endorsements are included on the
Certificates.
Coppell 3 of S
,
-Endorsement showing the DART and Railroad named as additional insureds in
(a) and (b) above and requiring that DART be given 30 days notice of cancellation
or modification.
- Contractual liability endorsement.
- Endorsement removing exclusions from contractual liability endorsement for
operations within 50 feet of a nilroad and for XCU hazards.
- Waiver of subrogation endorsement.
All policies should contain a cross liability endorsement reading as follows:
"It is agreed that the inclusion of more than one person, corporation,
organization, firm or entity as insured under this policy shall not in any way affect
the fights of any such person, corporation, organization, firm or entity with respect
to any claim, demand, suit or judgment made, brought or recovered by or in favor
of any other insured. This policy shall protect each person, corporation,
organization, firm or entity in the same manner as though a separate policy had
been issued to each; provided that this endorsement shall not operate to increase
the company~s limits of liability as set forth elsewhere in this policy."
Contractor shah deposit with DART the sum of __-0-__ ($__-0-__)
representing the estimated expense to be incurred by DART in connection with
said work. Contractor shall deposit with Railroad the sum of -0-__
($ -43- ) representing the estimated expense to be incuffed 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 permission 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.'
Coppell 4 of 5
10.
At DART's request, Contractor shall remove ~om 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 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 fi'om 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 AREA RAPID TRANSIT
By
LONNIE E. BLAYDES,
Vice President
Commuter Rail & Railroad Managemere
CONTRACTOR
By:
Title:
Address:
APPROVED AS TO FORM:
Office of DART General Counsel
Coppell
Sol S