Stoneleigh P1-CN 970821STANDARD CONSTRUCTION AGREEMENT
AND CONTRACTOR'S RIGHT OF ENTRY
THIS AGREEMENT, dated ~ 21 ., 19 97, is made by and between
Dallas Area Rapid Transit, a regional transportation authority created and existing
pursuant to Article 111 By, as amended, Texas Revised Civil Statutes, as confirmed by a
vote of the people, hereinafter called "DART" and
~'irst Wc~-e~ing ~, Ltd. ,
hereinafter called "Contractor".
WITNESSETH:
For the period not to extend beyond r~:eae~ 3~ , 19 50 , DART hereby
permits Contractor to enter upon the property of DART adjacent to the Stoneleigh
at Riverchase Addition development at Mile Post 605.6 in Coppell, Dallas County,
Texas, as may be necessary in connection with minor grading work and reseeding
of the ground to be performed on DART premises by Contractor under agreement
between Contractor and the City of Coppell (the "Contract"), and for no other
purpose.
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 Fort Worth and Western Railroad
Company (the "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.
Co)
Maintain, at Contractor's expense, competent flagmen to protect and control
movement of vehicles and equipment of Contractor while upon DART premises.
(c)
(d)
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 SPTelecom at 1-800-283-4237 to determine if a
telecommunications system is buried about work area and to make
arrangements with SPTelecom to relocate or otherwise protect the system
prior to beginning work
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
regulation will not be stored on DART premises without the prior approval of
DART's representative.
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(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.
(0
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 flagrnen 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 DARTs representative.
(g)
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 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 of DART or Railroad trains, engines, cars or other equipment, structures
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 raikoad 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 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 single limits of not less than
$2,000,000, as further outlined below.
All insurance coverages required by the attached agreement shall provide
the following as a minimum standard:
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(b)
(c)
(d)
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.
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.
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.
- Employer's Liability Insurance with limits of liability of not less than $100,000
each accident, $100,000 each employee for disease and $500,000 policy limit for
disease.
- Endorsed with a Waiver of Subrogation Endorsement, waiving the carrier's right
of recovery under subrogation or otherwise from the Authority.
Contractor agrees to furnish DART Certificates of Insurance (or, as and when
DART may direct, copies of the actual insurance policies) as evidence of the
coverages outlined in (a), (b) and (c) above. Approval will be expedited if all
required coverages and the following endorsements are included on the
Certificates.
-Endorsement showing the DART and Railroad named as additional insureds in
(a) and (b) above and requiring that DART be given 30 days notice of cancellation
or modification.
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- Contractual liability endorsement.
- Endorsement removing exclusions from contractual liability endorsement for
operations within 50 feet of a railroad and for XCU hazards. . .
- Waiver of subrogation endorsement.
5. All policies should contain a cross liability endorsement reading as follows:
"It is agreed that the inclusion of more than one person, corporation,
organization, firm or entity as insured under this policy shall not in any way affect
the rights of any such person, corporation, organization, firm or entity with respect
to any claim, demand, suit or judgment made, brought or recovered by or in favor
of any other insured. This policy shall protect each person, corporation,
organization, firm or entity in the same manner as though a separate policy had
been issued to each; provided that this endorsement shall not operate to increase
the company's limits of liability as set forth elsewhere in this policy."
Contractor shall deposit with DART the sum of __-0-~ ($~-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 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.
10.
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 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
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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.
LONNIE E. BLA~S
Vice President
Commuter Rail & Railroad Management.
Address: s~44 ~tnut ~ z.~, see.
Stonclcigh (~ Rivcrchase
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