ST0702-AG091013AGENDA REQUEST FORM
T H E C 1 T Y O F
COPPELL
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DEPT: Engineering
DATE: October 13, 2009
ITEM #: ~ 0/I
® WORK SESSION ~ CONSENT ~ REGULAR
ITEM TYPE: CONTRACT/BID or PROPOSAL
ITEM CAPTION:
Consider approval of a Crossing Agreement with Fort Worth and Western Railroad (FWWR) for reconstruction of the
existing railroad crossing located on South Coppell Road at a cost of $157,107.84, and authorizing the City Manager to
sign and execute any necessary documents.
GOAL(S):
EXECUTIVE SUMMARY:
Entering into this agreement with FWWR will allow the construction of South Coppell Road to continue with the
improvements to the railroad crossing.
Staff will be available to answer any questions.
FINANCIAL COMMENTS:
Funds are available in the Street CIP accounts for this agreement.
RECOMMENDED ACTION:
ACTION TAKEN BY COUNCIL:
Staff recommends approval of this Agreement and the funding of the '' I't~3'VED
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construction in the amount of $157,107.84.
Der ~~~~~F~ ~ : ~
Motion to Approve
M - Tunnell
S - Mahalik
Vote - 7-0
'~ Libby Ball
2009.10.19 '
16:19:57
- -05'00'
#FWWR Crossing Agreement
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM: Keith R. Marvin, P.E., Project Engineer
DATE: October 13, 2009
REF: Consider approval of a Crossing Agreement with Fort Worth and Western
Railroad (FWWR) for reconstruction of the existing railroad crossing
located on South Coppell Road at a cost of $157,107.84, and authorizing the
City Manager to sign and execute any necessary documents.
On June 9, 2009 council awarded a contract for the reconstruction of South Coppell Road from
Bethel Road to Southwestern Boulevard. Within the limits of the construction there is an
existing railroad crossing. This crossing will be upgraded and widened as part of the
reconstruction of the roadway. Dallas Area Rapid Transit (DART) is the owner of this crossing,
and Fort Worth and Western Railroad (FWWR) is the operator. DART requires that the City of
Coppell enter into an agreement with FWWR for the improvements, and that their approved
contractors be used for the work. This agreement meets those needs, and provides the funding
for the contractors to begin the work.
The design engineer hired by the City for this project began the negotiations with DART and
FWWR more than a year ago for this project. When we received the preliminary estimates in
July 2009 the cost was in excess of $280,000. City staff then met with DART and FWWR to try
to minimize the expense. Through that meeting and continued correspondence we arrived at the
final cost of $157,107.84. This cost includes replacing the existing rubberized crossing material
with new concrete panels that are wide enough to accommodate the 37' wide street and the
proposed sidewalk on both sides of the road. The cost also includes upgrades to the active
warning devices/signals to accommodate the extra width of the roadway, and to include
pedestrian crossing arms for the new sidewalks. All construction will be performed by
contractors working directly for FWWR, and reimbursement will be made by the City of Coppell
to FWWR.
Entering into this agreement with FWWR will allow the construction of South Coppell Road to
continue with the improvements to the railroad crossing. Staff recommends approval of this
agreement, and the funding of the construction in the amount of $157,107.84. Staff will be
available to answer any questions at the Council meeting.
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Railroad Signal International
15110 E. Pine St.
Tulsa, Oklahoma 74116
Phone: (918) 234-1522 fax: (918) 234-1529
~ww.railroadsianalinc.com
CUSTOMER: FT.WORTH AND WESTERN RAILROAD
PROJECT: FURNISH AND INSTALL
2 EACH GATE SIGNALS WITH SIDEWALK GATES AND LED LIGHTHEADS
NEW BATTERIES, NEW PRINTS, NEW UNDERGROUND CABLES
LOCATION: COPPELL RD SOUTH COPPELL TX RRMP 28.30
CONTROL: HXP-1
MATERIALS S 47,455.83
FIELD CONSTRUCTION, ENGINEERING, S 76,678.18
EQUIPMENT, FIELD TESTING
TOTAL COST OF PROJECT $ 124,134.00
PRICE DOES NOT INCLUDE ANY TRACKWORK EXCEPT BONDING RAIL
PRICE FOB JOB SITE.
ROAD BORING IS INCLUDED IN PRICE
PRICE DOES NOT INCLUDE ANY TAX OF ANY KIND.
INSULATED JOINT AND SW RODS (IF REQUIRED) BY RAILROAD
THIS QUOTATION IS VALID FOR A PERIOD OF 30 DAYS FROM BID DATE
RAILROAD SI NAL INTL.
EDDIE D. BURNS
PRESIDENT
Sept 21 2009
DATE
APPROVED BY: PO#
APPROVED DATE:
Froa: To:9723043570 07/Z3/2009 14:52 8434 P.D01l002
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BID # FTW- 2063
June 15,2009
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,. Attn: Mr. Ron Preuss
FWWR
2494 Fast Long Ave.
Fort Worth, Texas 76106
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RE: SOUTH COPPELL ROAD CROSSING IIv COPPELL, TX.
Dear Mr. Preu.4s,
Tnac-Work, inc. proposes to furnish all equipment, labor, supervision, flagman, line
locates, materials and insurance necessary to perform the following non-taxable road
crossing replacement on South Coppell Road in Coppell, Texas.
BID # 1
..~ ~ Trac-Work, Inc. proposes to replecx the existing crossings with a new 54 foot Century
;.t. Preca.Yt Concrete Crossing, 9' wide panels with rubber inserts using 7"x 9"x 9' ties. TWI
'.-~' ~ ~ wall. excavate the old track, crossing and ballast down 8" below the bottoms of the des,
install filter fabric and new track ballastr Then construct the ~w track back using the 78
TF of # 1-1121b or heavier rails, new ties, comp-bars, 5.5" DS tie plates, new spikes,
bolts and washers. The track will be raised and tamped up to proper elevation using an
on-aril tamper. All the rail joints in the crossing will be welded. TWI will dispose of all
old track materials.
14~~aterials ------------_~__-_~~~_-_____~___--- S 22,002.75
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_ ~ OTAL COST THIS PROPOSAL S 32,973.84 ~~`~
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~ Traffic control
• S8W Cutting
• Haul off of asphalt dt concrete spoils only
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• w~: Furnishing and installation of asphalt tie-ins for a smooth transition.
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`uipment: TWI will supply on this project will be one each backhoe, one each air
"~,~- ''pressor, one each haul truck, crew trucks with tools and on-rail tamping machit~.
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New 7"x 9"x 9' crosstes 66 each, 36 ea. under the crossing and 15 ea. outside each end.
New track spikes: 3 kegs each
# 1 - 1121b rails or vier: 78 TF
Comp- bars : 4 pr.
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To:9723043570 07/23/2009 14:53 .4434 P. 002/002
5.5" DS tie plates: 100 each.
S.5" rail anclwrs: 200 each.
New track ballast dt base: 50 tons
New concrete crossing 54 foot including rubber flange way filler.
54` of 10 Ounce filter fabric
2 each 1121b rail welds
No drain pipes
This bid is based on straight time, open shop labor and is good for 30 days. Invoices are
due and payable upon receipt.
We approciate the opportunity to submit this proposal and took forward to working with
you. Should any questions arise, please fcel free to call.
S' rely,
hili alien
Area Manager
CROSSING AGREEMENT
The State of Texas § ~
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County of Tarrant §
Know all men by these Presents:
RECITALS:
That FORT WORTH & WESTERN RAILROAD COMPANY (hereinafter
collectively called "FWWR") and the CITY OF COPPELL (hereinafter called "City"), do
hereby agree as follows:
Subject to the provisions hereof, FWWR hereby grants to the City, permission to
improve an existing crossing at South Coppell, MP 28.3, DOT 789747J, Dallas County,
Coppell, Texas, as more particularly shown and described on the print hereto attached,
marked Exhibit "A" made a part hereof, and solely upon the terms and conditions
hereinafter set forth and subject to the Agreement between the Dallas Area Rapid
Transit and City of Coppell effective October 1, 2009.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and
conditions set forth in this agreement, the parties hereto agree as follows:
The Railroad shall, subject to the reimbursement provided for in this
agreement, furnish all labor, materials, equipment and supervision for crossing
rehabilitation including the installation of concrete panels and crossing signal
modifications at the above location.
The City agrees to the payment as follows:
Payable upon notification to the City that the project has been completed,
One Hundred Fifty-Seven Thousand, One Hundred and Seven Dollars and 84/100
($157,107.84). The City also agrees to provide traffic control, perform saw cutting, (as
necessary), haul off asphalt and concrete spoils, furnish and install asphalt tie-ins for
smooth transition.
Any necessary railroad flagging provided by the Railroad will be at the rate
of $80/hour, 8-hour minimum. Work over eight (8) hours will be billed at time and one
half.
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Prior to beginning of work on the Railroad's right of way, City's contractors and
subcontractor shall provide FWWR a certificate of insurance covering the below listed
insurance coverage:
A. Workers' compensation Insurance and Employer's Liability Amount -Statutory
B. Employer's Liability Insurance
Amounts: $100,000 each accident
$100,000 each employee for disease
$100,000 policy limit for disease
C. Comprehensive General Liability Ir
Bodily Injury & Property Damage
Products & Completed Operations
Or
Combined Single Limit
~surance -Amounts:
$2,000,000 each occurrence
$2,000,000 Aggregate
$2,000,000 Aggregate
$2,000,000
D. Contractor's Protective Liability Insurance -Amounts:
Bodily Injury & Property Damage $2,000,000 each occurrence
$2,000,000 aggregate
E. Comprehensive Automobile Liability Insurance -Amounts:
Bodily Injury $ 500,000 each person
$1,000,000 each occurrence
Property Damage $1,000,000 each occurrence
Or
Combined Single Limit $2,000,000
F. Railroad Protective Liability Insurance -Amounts:
Bodily Injury & Property Damage $2,000,000 each occurrence
$6,000,000 aggregate
This insurance shall be kept in force until the work described in this contract on
the Railroad's right-of-way has been completed and accepted by the City of Coppell.
FWWR shall be included as an "Additional Insured." A "Waiver of Subrogation
Endorsement" in favor of FWWR shall be a part of each policy. The City's contractors
and subcontractors shall be responsible for any deductibles stated in the policy(s).
No work is to be performed by the City's contractors and subcontractors until
they have provided prior notification to FWWR's dispatch office (817) 731-1180 and the
Chief Engineer, Ron Preuss, at (817) 366-4277.
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FWWR shall not be liable to the City or the City's agents, or employees for any
injury to person(s) regardless of cause or of any fault or negligence of FWWR, its.
agents or employees, occurring while they are performing services for or on behalf of
the City, and the City does hereby release FVWVR from any and all liability and causes
of action with respect thereto.
To the extent allowed by law, the City shall and does hereby indemnify and hold
harmless FWWR from any loss, damage, injury, death, liabilities, claims, fines, actions,
costs or expenses whatsoever, including attorney's fees, which arises as a result of
any and all actions of the City, City's employees or contractors/subcontractors, whether
such actions are intentional or not.
The City's contractor or subcontractor hereby agree, in the conduct of its
operations hereunder, to abide by and comply with all applicable laws, statutes, rules,
and regulations of any federal state, or municipal authority, or any other public body
having jurisdiction, including without limitation, laws, ordinances and governmental
regulations controlling air, water, noise, solid wastes and other pollution, and
environmental damages, and to file all reports or statements required in connection
with the conduct of its business. To the extent allowed by law, the City and the City's
contractors and subcontractors shall and does hereby indemnify and hold harmless
Agreed
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FWWR from any and all loss, cost or expense whatsoever, incurred by reason of any
violation of such rules and regulations.
It is further agreed that the execution of this Agreement shall not constitute a
waiver by FWWR, with respect to third party claims asserted against the City and the
City's contractors and subcontractors, of any defense allowed by law.
The terms of this Agreement and all rights and obligations hereunder shall be
governed by the law of the State of Texas.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in duplicated on the date herein written.
Executed this ~~~ day of r ~f ¢j 2009.
Accepted:
Fort Worth & Western R road Company
By: Steven P. Georae
Title: President & CEO
Agreed ~_
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