201410071610
Michelle Matunas
From:Shannon Gray <sgray@dart.org>
Sent:Friday, July 11, 2014 8:42 AM
To:Adrian Bowman
Cc:Frances Wilson; Dusty DeFury; George Marshall; Kenneth Griffin
Subject:Re: MacArthur Blvd. in Coppell MP 606.2
Thanks Adrian. Can you provide me your phone number so I can speak with you?
On Fri, Jul 11, 2014 at 6:58 AM, Adrian Bowman <adrian@bowmanconstruction.com> wrote:
Attached please find the required insurance certificates and endorsements.
-Adrian
From: Shannon Gray \[mailto:sgray@dart.org\]
Sent: Wednesday, July 9, 2014 4:52 PM
To: Adrian Bowman
Cc: Frances Wilson; Dusty DeFury; George Marshall; Ken Griffin
Subject: Re: MacArthur Blvd. in Coppell MP 606.2
Hi Adrian. Can you send me a copy of your insurance with copies of each endorsement. Below are
Paragraphs 4 and 5 from our Contractor Right of Entry which spell out the insurance requirement for working
Please forward the requirements to your insurance carrier and have them email
within the DART ROW.
me the requested information.
We don't have a lot of time for error, so please follow the instructions.
Thanks,
Shannon
214.749.2794
1
4. Prior to entry on or start of work or occupancy of the Property, Contractor agrees to procure and maintain
at its sole cost and expense, the following types and amounts of insurance with form of coverage and insurers
satisfactory to DART:
Commercial 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) Commercial General Liability With Contractual Liability Endorsement.
-Combined single limit of at least $2,000,000.
and all affiliated companies and organizations
-DART, Railroad
are named as additional insureds without any qualifications or restrictions.
-DART must have 30 days notice of cancellation or modification.
(b) Commercial 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
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-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:
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"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."
On Tue, Jul 8, 2014 at 10:26 AM, Adrian Bowman <adrian@bowmanconstruction.com> wrote:
Thanks Shannon. I left you a message a little bit ago about getting started with the Roadway Worker Protection
training. Can you please send me that information so I can get that scheduled ASAP?
Thanks again for your help.
-Adrian
From: Shannon Gray \[mailto:sgray@dart.org\]
Sent: Monday, July 7, 2014 4:27 PM
To: Adrian Bowman
Cc: Frances Wilson; George Marshall
Subject: Re: MacArthur Blvd. in Coppell MP 606.2
Hi Adrian. It would be best to wait for the final or approved document before we proceed. I understand that
the City has the desire to start next Monday, but realistically, that may not occur due to the fact that we have
to (1) route the document for both DART and Bowman's signature and (2) obtain approval of insurance from
DART Risk Management.
Securing the Contractor Right of Entry should have been factored into the initial planning phase of the project
before Council's approval. Nevertheless, we'll do our best to expedite the process as much as possible.
Thanks,
Shannon
On Mon, Jul 7, 2014 at 3:50 PM, Adrian Bowman <adrian@bowmanconstruction.com> wrote:
4
Thanks for the response Shannon. Would it be possible to go ahead and execute the current ROE Agreement and
then submit additional insurance once the revised agreement is ready?
This project must start next Monday. 7/14, and should be completed before the end of the month. It’s a very
aggressive schedule so we can get traffic flowing as soon as possible. Obviously, it also very political with the City of
Coppell. Any help is appreciated.
Thanks,
Adrian
From: Shannon Gray \[mailto:sgray@dart.org\]
Sent: Monday, July 7, 2014 3:03 PM
To: Adrian Bowman
Cc: Frances Wilson
Subject: Re: MacArthur Blvd. in Coppell MP 606.2
Hi Adrian. Our Contractor Right of Entry is being revised. I will be sure to provide you the latest version
when available.
Thanks,
Shannon Gray
Right of Way Representative
214.749.2794
On Mon, Jul 7, 2014 at 11:03 AM, Adrian Bowman <adrian@bowmanconstruction.com> wrote:
th
Are there any updates on the new Right of Entry Agreement? I am scheduled to start work next Monday, the 14.
This date is set in stone with their City council, fire, and police departments and cannot be rescheduled. Any help
you can provide to expedite the process is much appreciated.
Thanks,
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Adrian
From: Frances Wilson \[mailto:fwilson@dart.org\]
Sent: Monday, June 30, 2014 2:45 PM
To: Shannon Gray
Cc: adrian@bowmanconstruction.com
Subject: MacArthur Blvd. in Coppell MP 606.2
Shannon,
I've worked with Bowman Construction in the past so I know their insurance will be approved. The work is
scheduled to begin July 14th.
Please contact Adrian Bowman and provide contact information for working within the Cotton Belt ROW
in Coppell where Ft. Worth & Western operates. I told Adrian that Bowman's workers will need RWP
classes and a flagman will be required.
As I understand, Bowman Construction will be working on the roadway, but not as it crosses the Cotton
Belt, but south of it, though within the southern ROW. Adrian, please correct me if I'm incorrect.
Finally, our Contractor Right of Entry (CROE) is being revised for insurance, so it will be a few days before
Shannon can get a CROE to you.
Thanks!
Frances Wilson, SR/WA, R/W-NAC
Sr. Right of Way Representative
Commuter Rail & Railroad Management
Dallas Area Rapid Transit
P.O. Box 660163
6
Dallas, TX 75266-7210
Direct Phone: 214.749.3619
Fax: 214.749.3609
fwilson@dart.org
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--
Shannon D. Gray
Right of Way Representative
Commuter Rail & Railroad Management
Dallas Area Rapid Transit
Mailing: P. O. Box 660163
Dallas, Texas 75266-7210
214.749.2794 (O)
sgray@dart.org
--
Shannon D. Gray
Right of Way Representative
7
Commuter Rail & Railroad Management
Dallas Area Rapid Transit
Mailing: P. O. Box 660163
Dallas, Texas 75266-7210
214.749.2794 (O)
sgray@dart.org
--
Shannon D. Gray
Right of Way Representative
Commuter Rail & Railroad Management
Dallas Area Rapid Transit
Mailing: P. O. Box 660163
Dallas, Texas 75266-7210
214.749.2794 (O)
sgray@dart.org
--
Shannon D. Gray
Right of Way Representative
Commuter Rail & Railroad Management
Dallas Area Rapid Transit
Mailing: P. O. Box 660163
Dallas, Texas 75266-7210
8
214.749.2794 (O)
sgray@dart.org
9