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SW0801-CS111028 Dallas Area Rapid Transit P.0, Box 660163 DART Dallas, Texas 75266 -0163 ® 214/749 -3278 October 28, 2011 Mr. Clay Phillips City Manager City of Coppell P. O. Box 9478 Coppell, Texas 75019 -9478 RE: The construction, installation, maintenance and operation of two (2) 6 -feet wide sidewalks, crossing the Cotton Belt Line, approximately 60 -feet east and 60 -feet west of the centerline of Denton Tap Road South and within the right -of -way of the existing public road crossing, covered under Street or Highway Easement No. 681, Mile Post 608.35, in Coppell, Dallas County, Texas. Dear Mr. Phillips: After further review of your October 17, 2011 letter regarding the above referenced project by our various Departments, DART will process the "Standard Construction Agreement and Contractor's Right of Entry" (CROE) to allow the City of Coppell's contractor (3D Paving and Contracting, LLC) to construct the sidewalks through the DART rail corridor. The CROE should be sent to the contractor within the next two weeks. The Fort Worth & Western Railroad ( "FWWR ") is noted in the CROE as a contact for all work performed within the railroad corridor. Additionally, FWWR has required appropriate pedestrian warning signs placed in each quadrant, as indicated in the attached sheet called "Pedestrian Crossing - signage" and pavement markers on the sidewalks. Mr. George Marshall, P.E. has been communicating with FWWR regarding signage and pavement markers, so he should be aware of the requirements. If you have any additional comments, please contact Shannon Gray at (214) 749 -2794 or via e-mail at sgray@dart.org. Yours tru y, Thomas Neville Senior Manager Commuter Rail & Railroad Management cc: Dan Guido, Chief Engineer, FWWR, e-mail only AGREEMENT NO. 681 -B STANDARD CONSTRUCTION AGREEMENT AND CONTRACTOR'S RIGHT OF ENTRY THIS AGREEMENT ( "Agreement "), by and between DALLAS AREA RAPID TRANSIT ( "DART "), a regional transportation authority created and existing pursuant to Chapter 452, Texas Transportation Code, V.A.T.C.S., as amended ( "the Act ") and 3D PAVING AND CONTRACTING, LLC, hereinafter called "Contractor", whose mailing address is P. O. Box 1698, Coppell, Texas 75019. WITNESSETH: 1. For the period not to extend beyond December 31 2011, 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 Coppell, Dallas County, Texas, as may be necessary in connection with the installation of two (2) 6 -feet wide sidewalks, crossing the Cotton Belt Line, located approximately 60 -feet east and 60 -feet west of the centerline of Denton Tap Road South and within the right of way of the existing public road crossing, as shown in Exhibit "A" drawing dated July 2010, attached hereto and incorporated herein. The work is to be performed on DART premises by Contractor under agreement between Contractor and the City of Coppell, a Texas 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 Street or Highway Easement No. 681, dated the 20th day of September, 1988, issued by the St. Louis Southwestern Railway Corporation, to the City of Coppell, which is incorporated herein by reference. 2. As consideration for the right of entry granted herein, 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, if applicable) 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, flagger(s) who are representatives of the Railroad, qualified on the Railroad's operating and safety rules to protect the Railroad's interest while upon DART premises. Contractor will not perform any work activity within 25 feet of any DART track (also referred to as "the foul zone ") or perform any work in which a catastrophic event could cause equipment, people or materials to enter into the foul zone unless the above mentioned flagger(s) are present. (c) Ensure, at Contractor's expense, that all personnel working under their control that are engaged in any activity that requires flagger(s), as described in Item 2(b) above, have within the last 365 days from the date the work is to be performed, attended a creditable Roadway Worker Protection course and have successfully passed all required examinations associated with that course and will provide proof of course completion upon request from DART or their representative. Whether or not the above mentioned Roadway Worker Protection course is creditable is at the sole discretion of Railroad. (d) Contractor is required to (a) notify Railroad at least fifteen (15) working days before commencing work on DART premises and (b) notify DART and Railroad within five (5) working days after such work is completed. Notification shall be in accordance with Paragraph 11 of this Agreement. Coppell- Denton Tap Road 1 of 4 Mile Post 608.35 Sidewalks on both sides (e) 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 written approval of DART. (f) Remove 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. (g) 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. (h) Remove any lien against DART'S property arising from performance of work hereunder by Contractor or any subcontractor. 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 License 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 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. This insurance shall be primary and non- contributory. All insurance coverage's required by this 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. Coppell- Denton Tap Road 2 of 4 Mile Post 608.35 Sidewalks on both sides (b) Comprehensive Automobile Liability Policy - Combined single limit of at least $2,000,000. -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 - 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 $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 DART and the Railroad. (d) Contractor agrees to furnish DART Certificates of Insurance and copies of Endorsements for Additional Insured, Waiver of Subrogation and Contractual Liability Railroads (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, and this section (d). 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. - Contractual liability endorsement. - Endorsement removing exclusions from contractual liability coverage for operations within 50 feet of a railroad or the purchase of a Railroad Protective Liability Policy with limits of no less than $2,000,000 per occurrence and $6,000,000 aggregate. - 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 Coppell- Denton Tap Road 3 of 4 Mile Post 608.35 Sidewalks on both sides 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 and Railroad. 9. At DART's or Railroad'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 Railroad 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. 11. Notification of Railroad shall be by telephone to: Dan Guido, Chief Project Engineer, at 682.429.2298 Notification of DART for all other purposes, shall be: Dallas Area Rapid Transit, Shannon Gray, Right of Way Representative, at 214.749.2794 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate originals this p I D day of ,1 " )pv,.c.0 v , 2011. DALLAS AREA RAPID TRANSIT -- ) By: O tact l,( k) Cr.c.)ei M v NORMA DE LA GAR - NAVARRO Vice Presid nt Commuter Rail & Railroad Management 3D PAVING AND CONTRACTING, LLC By. - ' .. ..../..1 ROGER P Managing Partner Coppell- Denton Tap Road 4 of 4 Mile Post 608.35 Sidewalks on both sides �IChE1 B5W t «_ JO' DART R411„. 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EDGE of 00RB c.. 0£TSTLIN TAP - ::R .. o v .,. m 700' '' 'CI AiL Jxi WT= ^BJ y - < . -. ` d, ?.T4 DE N,C:N TAP kJ P(:C4N t'ld �:1 ` rc . ; E; SE?f+ T ORA :E AD Dii1r;N ' r ' N N u'1 ...x ? RvF .r (. 70G p.f _ 7 EX ,,..0 SIDEWALX i � sGJ wo N AM r H�pw p r as u � � � � c � - • :'"� � �x2 ; g P- Dc ^...� <�,�, m� .. _ . M . . �_a _ _ � _ ,, _ ' 1�, ,,,,,..0. swEwAUr y , a - � 1. RICNi OE WAY/ PR OPERtt UNE EX TOP OF CUOE EIEVADCW E GROUND ELFVADW E TOP d: PA VEMENi EIEVADa4 G ENERAL LEGEND R / PROPERTY UNE EA WATER UNE cx ll SANITARY SEWER OVERHEAD TV��DDATA -- OVERHEAO ELEC Am UNDERGROUND TEL/DATA UNDERGROU Fl BER OPRC UNDERGROUND EIECMIC 1X0 CAS UNE PETROLEUM PPN -- ALL DIMENSIONS ARE IN FEET AN . D TO THE BACK OF Cl CZ CURB LESS OTHWIE OWN 2 ALL W AND MATE SHALL FORM TO ITY F 9° COPPELL UN STANDARD CON CON DETAILS AND SPEOCIFlCATONS ' AND TxOOT SIGNALIZATION STANDARD PLANS v / �_N 3O" R =Z" (TYP. ALL MATERIAL TO BE DEMOLISHED AND /OR REMO SHALL BE 0 I. i IEGALL7 AND PROPERLY DISPOSED OF OFF -SITE. Z 1 4 CONSTRUCTIONS ALL WHICH BE RETURNED TO ORIGINAL ONDITI OR C BETTER BY THE C 7:41:3, 0 . RAR AT THN EXPENSE Z ( • 111 I • , • -- TRAINS Q., . a LOOK �Q• r��' ��������� ���������� V FOR N 1 ° m -� TRAINS LOOK BOTH i • • WAYS �Q TYP. :1; _ ►F— tE.O , tP" NT CTO THE SEAL APPEAR ON THIS +y' ♦ DOCUMENT WAS EIR AUINORIZEO 8Y 0 PLACE S' FROM CENTER LINE OF WALK AND BLACK GRAPHICS ON H NNSTY +i ! + '. rFnrtrr R MARSHALL PF SAME DISTANCE FROM CENTER LINE OF TRACK AS GATE MOUNT ON T -POST OR C O ROM ED E METAL POST WHITE FIELD, LETTERING 3 ", TE B LA CK G RAPHICS ON HIGH - INTENSITY GEORGE S. MARSHALL - 1n0214 on 2T- Jul -,O m AT LEAST TWO H OLES 3 " FR OM EDGE ON Y EL LO W FI ELD, LETTE 2 " AERIAL opiSINAL PLANS YA M MAST, FOUR SIGNS TOTAL AERIALMUTCD -STYLE /CO - I H -I YIELD I SIGN 1 02234 SGNA URE ARE O Fl WD CENTERMINIMUM 3/ 8" HARDWARE, LOCK WASHER /NUT 2 :: 4 ° •' : ENCINEE NC D EPAR E NT Z 3 / 4 • • PED. XING DETAIL PLACEMENT PED. XING DETA OPTION B PE XIN DET OPTION A °" "� v PED. XING DETAIL - MOUNTING n 6 M OXnM CroNE wSPOi ro NO M --- u�uno a mia u�u rwoN ro a uwnoN PROJECT �� 1 ... m SCALE: 1• - 20F T SIDEWALK IMPROVEMENTS +x �. N.... r.��� EosTMR DATA A~o N OK PUDnMS 9NwN N�An� COPPELL SIDEWALK PLAN � >Lw-!n'.tli Np Ap[ ypW AS ACOJ AS NMS Ml WIniACltll is CAVnplm MAT I M1 "' = " °i"°' °s °�I n" nE om Nar ntiv on Asswc .wr nlvanm rw Mc u..w.cv or Tws o•TA D ESIGNED: GSM S W 08 -01 xr...p,N• era. +- ns /+A> -s,m z xHE mvnucxa rs ro BARRY Mc wuxwo uo cuvn a .Nr mrnN ununzs a��eaw. eo0 /w-mv Pwa TO mnsmucnoR DRAWN: KNR x Lin .4u..n... 0. µo .w WW1 BE ,N .auno.wa .M Me an s co �ru - ova - T.w,AOS SHEET - e -• = - D JULY 2010 ITV O= N<o.,..D.�,.� � +�un� CITY OF COPPELL DALLAS COUNTY, TEXAS DART it Z u vvrfton i�wl+ na �1 �N �:n NO . REVISION BY DATE I' ' - - - "'0- of — Exh "A"