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SW0801-CS111110Page 1 of 2 George Marshall - Re: Fwd: Construction of two (2) 6' wide sidewalks, crossing the Cotton Belt Line, approx. 60' east and west of the CL of Denton Tap Rd., MP 608.35, in Coppell, Dallas County, Texas From: "Shannon Gray" <SGray @dart.org> To: George Marshall <g marshal I @coppelltx.gov> Date: 11/10/2011 4:37 PM Subject: Re: Fwd: Construction of two (2) 6' wide sidewalks, crossing the Cotton Belt Line, approx. 60' east and west of the CL of Denton Tap Rd., MP 608.35, in Coppell, Dallas County, Texas CC: <kgriffin @ci.coppell.tx.us> Attachments: document201 1- 1 1- 1 0- 1 92053.pdf Hi George. Attached for you are copies of the fully executed CROE and 10/28/11 letter to the City. I mailed the original to City Manager, Mr. Clay Phillips. Should you have any questions, please feel free to give me a call. Thanks, Shannon >>> Shannon Gray 11/10/2011 3:52 PM >>> Hi George. Per our earlier phone conversation, the CROE will expire on December 31, 2011. Should you have any questions, please feel free to give me a call. Thanks, Shannon >>> "George Marshall" <g marshal l @coppelltx.gov> 10/26/2011 12:08 PM >>> Shannon, Please see the attached info from FWWR. Thank You, George George Marshall, PE City of Coppell Engineering 972 - 304 -3562 >>> Ken Griffin 10/26/2011 12:01 PM >>> George Could you handle this? Thanks ken g >>> "Shannon Gray" <SGray @dart.org> 10/26/2011 11:56 AM >>> Good morning Mr. Griffin. I just left a phone message with your secretary regarding the above referenced project. On July 21, 2010, you mailed me the attached letter and mentioned that the FWWR issued a memo that gives reference about sidewalk crossings that are closer than 30' to a roadway crossing. If possible, could you please forward me a copy of the memo? Thanks, Shannon D. Gray Right of Way Representative Commuter Rail & Railroad Management file: / /C: \Documents and Settings \radloo \Local Settings \Temp \XPgrpwise \4EBBFDB4City... 12/9/2011 Page 2 of 2 Dallas Area Rapid Transit 400 S. Houston Street, Suite 107 P.O. Box 660163 Dallas, Texas 75266 -7210 Phone: 214.749.2794 Fax: 214.749.3609 sgray@dart.org file: / /C: \Documents and Settings \radloo \Local Settings \Temp \XPgrpwise \4EBBFDB4City... 12/9/2011 Datlas Area Rapid Transit P - ' 7 j Br A" Jj 7 7 DART Z 214/749-3278 October 2 8, 2 011 Mr. Clay Phillips City Manager City of Coppell P, 0. Box 9478 Coppell, Texas 7_5019-9478 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 wN'est of the centerline of Denton Tap Road South and within the ri-ght-of-way of the existing public road crossing. covered Linder Street or Hi Easement No. 681, Mile Post 608.3-5, in Coppell, Dallas County. Texas. Dear Mr. Phillips. After further review of your October 17, 201 letter regarding the above referenced project by our various Departments, DART will process the - Standard Construction Ageernent and Contractor's Right of EntrN" (CROE) to allow the City of Coppells contractor (3D Paving and Contracting, LLQ to construct the sidewalks throuch the DART rail corridor, The CROE should be sent to the contractor within the next mo ,%-eeks, 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 warmn- signs placed in each quadrant, as indicated in the attached sheet called "Pedestrian Crossinc-signage'" and pavement markets on the sidewalks. Mr. George Marshall, P.E. has been communicating with F R regarding signage and pavement markers, so tie should be aware of the requirements. If you have ar2v additional comments, please contact Shannon Gray at ( 749-2 or via e-mail at Yours truh,, Thorrias Ne,wIlle Senor Ntana�zcr R W___x THIS AGREEMENT ("Agreement"), by and between DALLAS AREA RAPID TRANSIT ("DART"), a regional transportation authority created and existing piursuant 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. 0, Box 1698, Coppell, Texas 75019. W IT E. ETK 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 p;lans 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 (alis,o 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, Coppefl-Denton Tap Road 1 of 4 We 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 Rallroad for all costs and expense incurred by DART and/of Railroad in connection with said work, including without limitation the expense of furnishing such inspectors, watchmen and flagmen as DART and Railroad deep 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. 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 shalt provide coverage for combined single limits of not less than $2,000,000. as further outlined below, This insurance shalt be primary and non- contributory. All insurance coverage's required by this Agreement shall provide the following as -3 minirnurn standard (al Comprehensive General Liability With Contractual Liability Endorsement, -Combined single lirnit of at least $2,000,000. ,DART, Railroad and all of companies and organizations are nafned as additional insureds withou any qijaljficationis or restncl� , ors. DART'mu have 30 days notice o� caricellation o� rnof,'Jification (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 tinsurance 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, -E,nidorsement removing exclusions for XCU hazards- -Waiver of subrogation endorsembnt specific to Workers' Compensation. AH policies should corilaini a cross liability endorsement reading as follows: "it is agreed that the inclusion of rnore 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, fir 71 or enifily with respect to any claim, derniand, suit or idgrnent umade, brought or recovered by or in favor of any oth,,er insured, This pokoy s!" Protect eacri ne, corporation, organization, firrn o entity in the same rnannIr. as 1,,ep,�aratu policy had betnr, iSSUed to earr lhat Mis en clot sennen't .l - 'all o, pemtc t in inn4s oil liabifity as soi forth (Isewr, erp ;n N16 o, 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. vehiculw crossing over DART's track shall be installed or used by Contractor without prior No written permission of DART, 8. No work shall be done between the hours of 6M p.m. and 6:00 a,rn., nor on Saturdays, Sundays or legal holidays without prior written permission of DART and Railroad, DART's or Railroad's request, Contractor sha, It remove from DART premises a employee of Contractor or any subcontractor who falls to conform to the Instructions DART's or Railroad's representatives in connection with work on DART premises, and a right of Contractor to enter upon DART premises shall be suspended until such request DART or Railroad is met. Contractor sha;ll indemnify DART and Railroad against any clail arising from the removal of any such employee from DART premises. I 10, Company-issued photo identification is required of all contractors and subcontractors working on the DART premises, 1 1 . Notification of Railroad s h a l l 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 Y day of 2011. DALLAS AREA RAPID TRANSIT By: NORMA DE LA AVARRO Vice Presidqnt Commuter Rail & Railroad Management 3D PAVING AND CONTRACTING, LLC n 0 'o 21 �5 SIDEWALK LEGEND '�p Q TYj �.- FEiL � X-4 .T paST be 0,a' P£'R VAL FAR r &EftH U.ArcWctis CFL MH m�x Or �Wa rAsw .-L -paAamu wc--K GF wW N QG�pnlP ll.E V C AN F1EV 'it r? �CIPr EK r O,~w ........................ ------ GENERAL -E(3END R4. w, M�oll um w. BP? D.E AR, $c A�w PIECES FROM CENTER LINE OF WALK AND SAME DISTANCE FROM CENTER LINE OF TRACK AS GATE MAST, POUR SIGNS TOTAL PEES. RING DETAIL- PLACEMENT X-V 1 77 L 1 1 MOUNT ON 7-POS7 OR COPAPRABLE METAL POST AT LEAST TWO HOLEES 3 FRONI EDGE ON CENTERNIINIMUM3/8" HARDWARE, LOCK WASHER/NUT PED, RING DETAIL - MOUNTING m FR TR Q, = 2 ` (T , P,,' 3(4" BLACK GRAPHICS ON HIGH-INTENSITY WHITE FIELD, I-E 3", AERIALM,UTCC Hl YIELD SIGN PED. XING DETAIL - OPT ION B [ ---,] COFFELL PED, RING DETAIL - OPTION A 1� ALL DIMFNqrvNS ARE IN FEET AN10 TD Tvrr, 6ACK OF CURB IJNLE S OTHERWS7 2, AL„�, WORK 0D MATERIALS $HALL, CONPOPW ' Ore OF CO-9F, + „_ STAND R3 CONSTRUCTION DVAILS AND SPEOFCATION AND T.QOT 9 STANDARD PLANS. 3, &U 6dA ERIAf TO BE DEMOUSt EO AND/OR REMIWEID ShALL BE , ,Cs ALLY AH PRCPErLY DISPOSED OF CI PRIvATE PRrjPEqly WIC� !S DISTURSew OR DAMA, WRING - , , K CONSTFLIC76N' SHALL SE RETURNED TO ORIGINAL CQNO'70 OR 8 _Y DiE CONTRACTCR AT 7HDR GVa EXPENSE SCAJ, l'-20F'T SIDEWALK IMPROVEMENTS SIDEWALK PLAN OPAW,le KVrl DA 7 : C C — ppo�Er; ” No- S w 1) 19 - 0 1 DA RT Exhibit "' PLACK GRAPHICS ON HIGH-INTENSI"Y YELLOW FIFLD, LE ING: 2", AERIAL ce ^ H SCAL APP, Rlh� CN =IS' VRGN,�4 At 5 aN RE R E q � - 4,1 Qp�uu SCAJ, l'-20F'T SIDEWALK IMPROVEMENTS SIDEWALK PLAN OPAW,le KVrl DA 7 : C C — ppo�Er; ” No- S w 1) 19 - 0 1 DA RT Exhibit "' PLACK GRAPHICS ON HIGH-INTENSI"Y YELLOW FIFLD, LE ING: 2", AERIAL