WA9701-CN051107AGREEMENT NO.
STANDARD CONSTRUCTION AGREEMENT
AND CONTRACTOR'S RIGHT OF ENTRY
THIS AGREEMENT, dated A9 if 7 , 2005, is made by and between DALLAS AREA
RAPID TRANSIT ( "DART "), a regional transportation authority created and existing pursuant to Chapter
452, Tex Transportation Code, V.A.T C.S., as amended ( "the Act ") and
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hereinafte, r called "Contractor ",
whose mailing address is
WITNESSETH
1 For the period not to extend beyond c Jke2f / , 200 DART hereby permits
Contractor to enter upon the property of DART on a tract of right of way of the Cotton Belt Line
€ located at Denton Tap Road, Mile Post 608.35, in Coppeil, 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, a municipal corporation, (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
o 'U6o7 , dated the __,� day of ' 2005, issued by DART to the City of
Coppell, a municipal corporation, which is incorporated erein 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 Fort Worth and Western Railroad (the "Railroad"
whether one or more than one) 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
(b) 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.
(d) Keep all equipment, tools and materials stored at least fifteen (15) feet from the center line
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
(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.
City of Coppell CROE 1 of 4 Mile Post 608.35
f" (g) Remove any lien against DART's property arising from performance of work hereunder by
Contractor or any subcontractor
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3. 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
_s 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 DARTS 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, subsidiary or lessor of DART.
4 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 coverage's required by the attached agreement shall provide the following as a
minimum standard
(a) Comprehensive General Liability With Contractual Liability Endorsement.
- Combined single limit of at least $2,000,000
-DART, Railroad and all affiliated companies and organizations are
named as additional insureds without any qualifications or restrictions.
-DART must have 30 days notice of cancellation or modification.
(b) Comprehensive Automobile Liability Policy
L - Combined single limit of at least $2,000,000
-DART and Railroad are named as additional insureds without any
qualifications or restrictions.
-must have 30 days notice of cancellation or modification.
(c) 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.
City of Coppell CROE 2 of 4 Mile Post 608.35
- Employer's Liability Insurance with limits of liability of not less than
$500,000 each accident, $500,000 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
a (d) 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 coverage's outlined in
(a), (b) and (c) above. Approval will be expedited if all required coverage's and the
following endorsements are included on the Certificates.
- Endorsement showing DART and its affiliate companies and
organizations named as additional insureds. The certificate must specify
' that the endorsement is applicable to the General Liability and Auto
Liability Policies.
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- Contractual liability endorsement.
- Endorsement removing exclusions from contractual liability
endorsement for operations within 50 feet of a railroad or the
purchase of a Railroad Protective Policy
- Endorsement removing exclusions for XCU hazards.
- Waiver of subrogation endorsement specific to Workers'
Compensation
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 "
6. 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.
7 No vehicular crossing over DART's track shall be installed or used by Contractor without prior
written permission of DART
8 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
9 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
City of Coppell CROE 3 of 4 Mile Post 608.35
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By
KATHRYN D. WATERS
Vice President
Commuter Rail & Railroad Management
By
Printed Name: 17'/'r s t
Title. //- P s 'f /'
Address. s`t a v
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 against any claim arising from the removal of any
such employee from DART premises.
10 Company- issued photo identification is required of all contractors and subcontractors working on
the 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
City of Coppell CROE
4 of 4
Mile Post 608.35