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Home My WebLink AboutContract 49884 CITY SECRETARY I Ip p 1 CONTRACT NO. 0 D B/VSF' MA/LWAY GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT FORM: PP 118 BNSF File No.: 020¢47E Risinger Road U.S. DOT No. 020467E Railroad Line Segment 7500 Railroad Milepost 336.24 Fort Worth Subdivision BNSF Contract No. BF10010333 This Agreement ("Ag Bement"), is executed to be effective as of this. day of V6M[;jF2 , 20�("Effective Date"), by and between BNSF RAILWAY %""'ANY, a Delaware corporation ("BNSF"), and the CITY OF FORT WORTH, TEXAS, a political subdivision of the State of Texas ("Agency"). RECITALS: WHEREAS, BNSF owns and operates a line of railroad in and through the City of Fort Worth, State of Texas; WHEREAS, in the interest of aiding vehicular travel and public safety, the Agency is undertaking a project to improve the existing Risinger Road at-grade crossing, located at BNSF Line Segment 7500 and Milepost 336.24, and designated by D.O.T. No. 020467E, by reconstructing and widening the roadway and installing railroad crossing signals and activation equipment within the existing and new roadway easement across the BNSF right-of-way as indicated on the Exhibit A, attached hereto and incorporated herein; and WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit from the installation of advance warning signs, pavement marking stop bars or crossing signal equipment(hereinafter collectively called, "Crossing Signal Equipment"); and WHEREAS, the Agency also desires BNSF to install new crossing surfaces at Risinger Road with a new concrete and rubber crossing surface; WHEREAS, the Agency is paying for the acquisition and installation of crossing signal equipment and the new crossing surface at Risinger Road; WHEREAS, the BNSF agrees to purchase and install, at AGENCY'S sole expense, the 2�;cross' g signal equipment and the new crossing surface described in the scope of work he el` ,' d upon the terms and conditions set forth below. 0 a RECEIVED � 2011 OFFICIAL.RECORD o crttGFroRrvvoM n t CITY SECRETARY MYSM tAN SFT.WORTH,TX .d �9-9t, £ z `,t. a+;aitF�'itr NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE 1 - SCOPE OF WORK 1. The term "Project" as used herein includes any and all work related to the reconstruction and widening of Risinger Road by Agency and installation of crossing signals/activation equipment and new crossing surfaces at U.S. D.O.T No. 020467E, (hereina€ter referred to as the "Crossing") by BNSF, more particularly described on the Exhibits A, A-1, A-2, and A-3, including, but not limited to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and construction engineering and contract preparation. ARTICLE II - BNSF OBLIGATIONS In consideration of the covenants of Agency set forth herein and the faithful performance thereof, BNSF agrees as follows: 1. Upon Agency's payment to BNSF of an administrative fee in the sum of Two Thousand and No/100 Dollars ($2,000), together with the Temporary Construction License Fee in the sum of seventeen thousand seven hundred four and No/100 Dollars (117,704.00) for the area totaling 36,882 square feet, BNSF hereby grants to Agency, its successors and assigns, upon and subject to the terms and conditions set forth in this Agreement, a temporary non-exclusive license (hereinafter called, "Temporary Construction License") to enter upon and use the portion of BNSF's right-of-way as is necessary to reconstruct and widen and thereafter maintain, the Crossing as described further on Exhibit A-1 and A-3, excepting and reserving BNSF's rights, and the rights of any others who have obtained, or may obtain, permission or authority from BNSF, to do the following: (a) Operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipelines and other facilities of like character upon, over or under the surface of said right-of-way; (b) Construct, operate, maintain, renew and/or relocate upon said right-of-way, without limitation, such facilities as the BNSF may from time to time deem appropriate; (c) Otherwise use or operate the right-of-way as BNSF may from time to time deem appropriate. 2 The term of the Temporary Construction License begins on the Effective Date and ends on the earlier of (i) substantial completion of the Structure, or (ii) twenty-four (24) months following the Effective Date. The Temporary Construction License and related rights given by BNSF to Agency in this provision are without warranty of title of any kind, express or implied, and no covenant of warranty of title will be implied from the use of any word or words herein contained. The Temporary Construction License is for construe-lon of the Crossing only and shall not be used by Agency for any other purpose. Agency acknowledges and agrees that Agency shall not have the right, under the Temporary Construction License, to use the Structure for any other purpose than construction. In the event Agency is evicted by anyone owning, or claiming title to or any interest in said r right-of-way, BNSF will not be: liable to Agency for any damages, losses or any expenses of any nature whatsoever. The granting of similar rights to others,subsequent to the date of this Agreement, will not impair or interfere with the rights granted to Agency herein. Upon Agency's payment to BNSF of the additional sum of seventeen thousand twentv-one and No/100 Dollars ($17,021.00) for the area totaling 11,347 square feet, such payment to be made within thirty(30)days of issuing the Notice to Proceed pursuant to Article III, Section 16 of this Agreement, and provided further that Agency is in compliance with the term and conditions of this Agreement, BNSF will grant to Agency, its successors and assigns, an easement (hereinafter called, the "Easement) to enter upon and use that portion of BNSF's right-of-way as is necessary to use and maintain the Crossing, substantially in the form of Exhibit B attached to this Agreement. If Agency fails to pay BNSF within the thirty day time period set forth in the preceding sentence, BNSF may stop construction of the Project until full payment is received by BNSF. 2. BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the construction of the Project, such railroad work and the estimated cost thereof being as shown on Exhibit D attached hereto and made a part hereof. In the event construction on the Project has not commenced within six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit D. In such event, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit D not specifically mentioned therein may be included as a part of this Agreement upon written approval of Agency,which approval will not be unreasonably withheld. Construction of the Project must include the following railroad work by BNSF: (a) Procurement of materials, equipment and supplies necessary for the railroad work; (b) Preliminary engineering, design, and contract preparation; (c) Furnishing of flagging services during construction of the Project as required and set forth in further detail on Exhibit C, attached to this Agreement and made a part hereof; 3 .17 �r.,rtrR!4Y (d) Furnishing engineering and inspection as required in connection with the construction of the Project; (e) Provide and place asphalt beneath the track(s)to provide further sub-grade stability prior to BNSF installing new concrete crossing surfaces; (d) Installation of one 120-foot concrete crossing surface for the one track complete with new rail, ties, ballast, fasteners, along with appropriate ` surfacing, to carry the improved roadway and sidewalks; (e) Installation of Crossing Signal Equipment and Crossing Signal Control House as shown on Exhibit A; (f) Make such changes in the alignment, location and elevation of its telephone, telegraph, signal and/or wire lines and appurtenances along, over or under the tracks, both temporary and permanent, as may become necessary by reason of the construction of the Project. 3. BNSF will do all railroad work set forth in Article 11, Section 2 above on an actual cost basis, when BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its own employees working under applicable collective bargaining agreements. 4. Agency agrees to reimburse BNSF for work of an emergency nature caused by Agency or Agency's contractor in connection with the Project which BNSF deems is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF without prior approval of Agency and Agency agrees to fully reimburse BNSF for all such emergency work. 5. BNSF may charge Agency for insurance expenses, including self-insurance expenses, when such expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for injury, loss or death to BNSF's employees, if any. 6. During the construction of the Project, BNSF will send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement.Agency must reimburse BNSF for completed force-account work within thirty(30)days of the date of the invoice for such work. Upon completion of the Project, BNSF will send Agency a detailed invoice of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit D. Pursuant to this section and Article IV, Section 7 herein, Agency must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or other-charges due under this Agreement which are past its credit terms. 4 W-44"), The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. ARTICLE 111 -AGENCY OBLIGATIONS In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows: 1. Agency must furnish to BNSF plans and specifications for the Project. Said plans (reduced size 11"x 17"),showing the plan and profile of the roadway work on BNSF right- of-way and marked as Exhibit A, attached hereto and made a part hereof, must be submitted to BNSF for the development of railroad cost estimates. 2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project. 3. Agency must acquire all rights of way necessary for the construction of the Project. 4. Agency must make any and all arrangements, in compliance with BNSF's Utility Accommodation Manual (httr)://www.bnsf.com/communities/faas/pdf/utility.pdfl, for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction of the Project. 5. Agency must construct the Project as shown on the attached Exhibit A and do all work("Agency's Work") provided for in the plans and specifications for the Project,except railroad work that will be performed by BNSF hereunder. Agency must furnish all labor, materials, tools and equipment for the performance of Agency's Work. The principal elements of Agency's Work are as follows: (a) Design and Reconstruction of Risinger Road; (b) Installation of a pavement marking stop bar in accordance with the Manual on Uniform Traffic Control Devices (hereinafter called, "MUTCD"); (c) Installation of advance warning signs in accordance with the MUTCD (d) Perform all necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF's right-of-way; (e) Provide suitable drainage, both temporary and permanent; 5 W4 Y (f) Provide all barricades, lights, flagmen or traffic control devices necessary for preventing vehicular traffic from using a portion of the Crossing, during the installation of the concrete crossing surfaces, and also during the installation of the Crossing Signal Equipment. (g) Construct asphalt/concrete roadway surface on approaches to each track. Roadway surface will match elevation of the Main and Siding Track crossing surfaces and remain level to a point at least thirty(30) feet from nearest rail. Any concrete headers will be constructed no closer than 6'-0" from centerline of each track to provide for a minimum of 12'-0"opening for track and railroad crossing surface; (h) Provide and place twelve (12) inch wide section of asphalt between roadway concrete headers and sidewalk and the new concrete crossing surfaces. (i) Job site cleanup including removal of all construction materials, concrete debris, surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF; 6. The Agency will approve the location of the signals and signal bungalow prior to the installation by BNSF. 7. The Agency must have advanced railroad crossing signs and standard pavement markings in place at the crossing shown on Exhibit A (if the same are required by the MUTCD) prior to the acceptance of this Project by the Agency. 8. The Agency must give BNSF's Manager Public Projects written notice to proceed ("Notice to Proceed")with the railroad portion of the work after receipt of necessary funds for the Project. BNSF will not begin the railroad work (including, without limitation, procurement of supplies, equipment or materials) until written Notice to Proceed is received from Agency. 9. The Agency's Work must be performed by Agency or Agency's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities. 10. For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF's applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF's Internet Website O-VwV w.BNSFContractor.com"; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have 6 approved by BNSF's Risk Management Department, Railroad Protective Liability insurance. 11. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, Agency must require its contractor(s) to notify BNSF's Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks. 12. Agency must include the following provisions in any contract with its contractor(s) performing work on said Project: (a) The Contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications companies may be buried on BNSF's property or right-of-way. The locations of these lines have been included on the plans based on information from the telecommunications companies. The contractor will be responsible for contacting BNSF's Roadmaster (Rodney Adams at office # 817-224- 7009, mobile # 402-418-9927 or Rodney.adarns(cbbnsf.com), BNSF's Signal Supervisor(Bryon Sparks at office#817-224-7043,mobile#913- 284-3498 or bryon.sparksO-bnsf.com), and the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The contractor must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The contractor must also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. (b) Failure to mark or identify these Lines will be sufficient cause for BNSF's engineering representative to stop construction at no cost to the Agency or BNSF until these items are completed. (c) The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements. (d) In addition to the liability terms contained elsewhere in this Agreement, the contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or 7 'i7':1/L Iyi,1 Y destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSF's right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies).THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. 13. Agency must require compliance with the obligations set forth in this agreement, including Exhibit C and Exhibit C-1, and incorporate in each prime contract for construction of the Project, or the specifications therefor (i) the provisions set forth in Article III and IV; and (ii) the provisions set forth in Exhibit C and Exhibit C-1, attached hereto and by reference made a part hereof. 14. Except as otherwise provided below in this Section 13, all construction work performed hereunder by Agency for the Project will be pursuant to a contract or contracts to be let by Agency, and all such contracts must include the following: (a) All work performed under such contract or contracts within the limits of BNSF's right-of-way must be performed in a good and workmanlike manner in accordance with plans and specifications approved by BNSF; (b) Changes or modifications during construction that affect safety or BNSF operations must be subject to BNSF's approval; (c) No work will be commenced within BNSF's right-of-way until each of the prime contractors employed in connection with said work must have (i) executed and delivered to BNSF an agreement in the form of Exhibit C-I, and(ii)delivered to and secured BNSF's approval of the required insurance; and (d) If it is in Agency's best interest, Agency may direct that the construction of the Project be done by day labor under the direction and control of Agency, or if at any time, in the opinion of Agency, the contractor has failed to prosecute with diligence the work specked in and by the terms of said contract, Agency may terminate its contract with the contractor and take control over the work and proceed to complete the same by day labor or by employing another contractor(s) provided; however, that any contractor(s) 8 +E'Mif....... ' Iry WO.- replacing the original contractor(s) must comply with the obligations in favor of BNSF set forth above and, provided further, that if such construction is performed by day labor, Agency will, at its expense, procure and maintain on behalf of BNSF the insurance required by Exhibit C-1. (e) To facilitate scheduling for the Project,Agency shall have its contractor give BNSF's Roadmaster 90 days advance notice of the proposed times and dates for work windows. BNSF and Agency's contractor will establish mutually agreeable work windows for the Project. BNSF has the right at any time to revise or change the work windows, due to train operations or service obligations. BNSF will not be responsible for any additional costs and expenses resulting from a change in work windows. Additional costs and expenses resulting from a change in work windows shall be accounted for in the contractor's expenses for the Project. 15. Agency must advise the appropriate BNSF Manager Public Projects, in writing, of the completion date of the Project within thirty (30) days after such completion date. Additionally, Agency must notify BNSF's Manager Public Projects, in writing, of the date on which Agency and/or its Contractor will meet with BNSF for the purpose of making final inspection of the Project. 16. TO THE FULLEST EXTENT PERMITTED BY LAW, AGENCY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL 1 REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (1) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (111) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV)AGENCY'S BREACH OF THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY PURSUANT TO ARTICLE II OF THIS AGREEMENT, (1/) ANY RIGHTS OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE Il OF THIS AGREEMENT, (VI) AGENCY'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RIGHT-OF-WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE STRUCTURE BY 9 A:(/L'iY4Y AGENCY,OR(VII)AN ACT OR OMISSION OF AGENCY OR ITS OFFICERS,AGENTS, INVITEES, EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER.THE LIABILITY ASSUMED BY AGENCY WILL NOT BE AFFECTED BY THE FACT, IF IT 1S A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. ARTICLE IV - JOINT OBLIGATIONS IN CONSIDERATION of the premises,the parties hereto mutually agree to the following: 1. All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion must be promptly commenced by the party obligated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, anti changes or modifications during construction which affect BNSF will be subject to BNSFs approval prior to the commencement of any such changes or modifications. 2. The work hereunder must be done in accordance with the Exhibit A and the detailed plans and specifications approved by BNSF. 3. Agency must require its contractor(s) to reasonably adhere to the Project's construction schedule for all Project work. The parties hereto mutually agree that BNSF's failure to complete the railroad work in accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability. Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations of either BNSF or its related railroads, or to protect persons or property on or near any BNSF owned property. BNSF will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The parties mutually agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF. 4. BNSF will have the right to stop construction work on the Project if any of the following events take place: (I) Agency (or any of its contractors) performs the Project work in a manner contrary to the plans and specifications approved by BNSF; (ii) Agency (or any of its contractors), in BNSF's opinion, prosecutes the Project work in a manner that is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffic; (iii)the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or(iv)Agency fails to pay BNSF for the Temporary Construction 10 WA1LWAr License or the Easement pursuant to Article 11, Section 1 of this Agreement. The work stoppage will continue until all necessary actions are taken by Agency or its contractor to rectify the situation to the satisfaction of BNSF's Division Engineer or until proof of additional insurance has been delivered to and accepted by BNSF. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, BNSF may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of BNSF. BNSF's right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF agrees to immediately notify the following individual in writing: Leon Wilson, Jr. Transportation and Public Works Department 200 Texas Street Fort Worth, TX 76102 Leon.WilsonCaD-fortworthtexas.gov 5. Agency must supervise and inspect the operations of all Agency contractors to ensure compliance with the plans and specifications approved by BNSF,the terms of this Agreement and all safety requirements of BNSF. If BNSF determines that proper supervision and inspection are not being performed by Agency personnel at any time during construction of the Project, BNSF has the right to stop construction (within or adjacent to its operating right-of-way). Construction of the Project will not proceed until Agency corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the situation is not being corrected in an expeditious manner, BNSF will immediately notify Leon Wilson for appropriate corrective action. 6. Pursuant to this section and Article 11, Section 6 herein, Agency must, out of funds made available to it for the construction of the Project, reimburse BNSF in full for the actual costs of all work performed by BNSF under this Agreement(including taxes, such as applicable sales and use taxes, business and occupation taxes, and similar taxes). 7. All expenses detailed in statements sent to Agency pursuant to Article II, Section 6 herein will comply with the terms and provisions of the Title 23 U.S. Code, Title 23 Code of Federal Regulations, and the Federal-Aid Policy Guide, U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made a part of this Agreement by reference. The parties mutually agree that BNSF's preliminary engineering, design, and contract preparation costs described in Article 11, Section 2 herein are part of the costs of the Project even though such work may have preceded the date of this Agreement. 8. The construction of the Project will not commence until Agency gives BNSF's Manager Public Projects thirty(30) days prior written notice of such commencement. The commencement notice will reference BNSF's contract number BF10010333 and D.O.T. Crossing No. 020467E and must state the time that construction activities will begin. 11 9. In addition to the terms and conditions set forth elsewhere in this Agreement, BNSF and the Agency agree to the following terms upon completion of construction of the Project: (a) Agency will own and be fully responsible for repairs, maintenance, future construction or reconstruction of the Risinger Road roadway and sidewalks. (b) Agency will maintain the elevation of the Risinger Road roadway approaches to match the elevation on the railroad track crossing surfaces and to be no more than three (3) inches above or six (6) inches below top- of-rail elevation at a distance measured thirty(30) feet from the nearest rail. (c) Agency will maintain the advanced railroad crossing warning signs and pavement markings and agrees to hold harmless and indemnify BNSF for any claims, damages or losses, in whole or in part, caused by or due to the Agency's failure to maintain the advanced warning signs and markings or other requirements of the MUTCD. (d) Agency will do nothing and permit nothing to be done in the maintenance of the Risinger Road roadway, which will interfere with or endanger facilities of BNSF. (e) It is expressly understood by Agency and BNSF that any right to install utilities will be governed by a separate permit or license agreement between the parties hereto. (f) BNSF will, at its sole cost and expense, operate and maintain the Crossing Signal Equipment, Crossing Signal Control House, and the new crossing surface, from end-of-tie to end-of-tie, in proper condition. (g) Notwithstanding the preceding provision, if any regulations, ordinances, acts, rules or other laws subsequently passed or amended by the Agency or any other governmental or legislative authority increase the Agency's portion of maintenance cost under this Agreement, BNSF will receive the benefit of any such regulations, ordinances, acts, rules or other laws and the Agency's increased portion of maintenance costs will be incorporated into and made a part of this Agreement. (h) If a railway or highway improvement project necessitates rearrangement, relocation, or alteration of the Crossing Signal Equipment, Crossing Signal House, or the new crossing surface installed hereunder, the costs for such rearrangement, relocation or alteration will be the responsibility of the party requesting such changes. 10. Agency must notify and obtain prior authorization from BNSF s; Manager of Public Projects before entering BNSF's right-of-way for Inspection and Maintenance purposes 12 slit and the BNSF Manager of Public Projects will determine if flagging is required. If the construction work hereunder is contracted, Agency must require its prime contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-1, as the same may be revised from time to time. Agency will be responsible for its contractor(s)compliance with such obligations. 11. Any books, papers, records and accounts of the parties hereto relating to the work hereunder or the costs or expenses for labor and material connected with the construction will at all reasonable times be open to inspection and audit by the agents and authorized representatives of the parties hereto, as well as the State of Texas and the Federal Highway Administration, for a period of one (1) year from the date of the final BNSF invoice under this Agreement. 12. The covenants and provisions of this Agreement are binding upon and inure to the benefit of the successors and assigns of the parties hereto. Notwithstanding the preceding sentence, neither party hereto may assign any of its rights or obligations hereunder without the prior written consent of the other party. 13. In the event construction of the Project does not commence within one (1) year of the Effective Date, this Agreement will become null and void. 14. Neither termination nor expiration of this Agreement will release either party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration. 15. To the maximum extent possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement is prohibited by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of such prohibition or invalidity and the remainder of the provision will be enforceable. 16. This Agreement (including exhibits and other documents, manuals, etc. incorporated herein) is the full and complete agreement between BNSF and Agency with respect to the subject matter herein and supersedes any and all other prior agreements between the parties hereto. 17. Any notice provided for herein or concerning this Agreement must be in writing and will be deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the following addresses: BNSF: Manager Public Projects 5800 North Main Street 13 Saginaw, Texas 76179 Agency: Leon Wilson, Jr., P.E. Transportation and Public Works Department 200 Texan Sty Get Fort Worth, Texas 76102 [Signature page follows] OFFICIAL RECORD CITY SECRETARY FT.wORTH,TX 14 B/V.S►F' 0A.11WAY IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first above written. BNSF RAILWAY COMPANY By: 7 Pri d Name: t Title: Date: (�12gi :7 ATTEST: By: _..� Printed Name: Title: Date: AGENCY CITY OF FORT WORTH ATTEST: �.,( OF FQ� APPROVED: C1. O Mary J. y '� Jesus J. Chapa City Secr to •'�` Assistant City Manager L-- Z S Date: M&C Date: z APPROVE AS TO FORM AND LEGALITY: AA PROVAL RECOMMENDED: -St'SSS . Wiersig, P.E. Assistant�ity tto�ii;ey) or, Transportation & Public orks OFFICIAL RECORD I S CITY SECRETARY FT.WORTH,TX BNSF Grade Crossing Construction&Maintenance Agreement for Risinger Road Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Leon Wilson,3r.,P.E. Title Tbe, guriing[orn Northern & Santa Fe R&il'way Company To rv.•[srn�e T €.LSiY,LF 9 R.3439• .,.�.�.W.-.� ]da W. MEST11AI1 a }A,3q34' .x%'M�L5k+2'�7e'MNL 4ILTZ,I C1sNf'I 0. ll.P.m9a t 1� IN!•J � PNp V7 A'F1° j211 KI s tRl 24m, it'.as z9 CUNNINGHAM RA. �� Kr.Sada RISlNCBR ItCAD MT•921.61[ PRO.1br l 636694 REPLACE:FLASHERS.GATES & BUNGALOW CONTROL DEVICES:CONSTANT WARNING SALVAGE:NONE "'Ar p"- RED = 1N YELLOW = OUT INSTRUMENT HOUSE EXHIBIT A-RR Signal Sketch BELL BNSF RAIL R'AY CO. warning device placements LOCATION FORT WORTH.TX METER Clearance to C.L. track - min. 12` STIIEETaRISRSGER RGAO • CROSSING CONTROLL CONNECTIONS Edge of Rood to C.L. Foundations -9t7500 BIDIRECTIONAL CROSSING CONTROL Min. 4`S• with curb. M.P.336.25 Min8'3" without orb. DOT • 026 467 E, 1> UNIDIRECTIONAL CROSSING CONTROL Max:• t2` DIVISIONeTExAS House Clearance: 25° Min. to Near Rail SUBOIVISIONTFORT WORTH A COUPLER OR TERMINATION 30' Min. to Edoe of Rood KANSAS CITY ALL LIGHTS TO 6E LED NO SCALE r '.a`ATEr09/I4/2®L6 O GUARD RAIL �ILEs 636914-STATESKETCH-.dy- SOL THE CITY OF FORT WORTH, TEXAS FORTWORTH RISINGER ROAD DOT NO. 020467E BNSF RAILWAY RAILROAD MILEPOST 336.24 � EXHIBIT "A" "E PAXX OF SHEETS � r mrs ran BETSY PRICE . 'm "• ••�.. MAYOR `�'e'•�° ^� j r ..a.rrr.w.rw.ra..w ww. nai....r ur•r rw wr Hera. DAVO COOKSCtTY mu c••u.re•.or.en.rrmn..m r marur.r•rrorae r.ry.er.� r1AllAiFh � � r me.rru•ur•.n..rrww.e.ro j" w uanw rw DOUGLAS W. WWIIEyRSSIG.P.E. TR �IICTrpits wcrnor. "' A'IIDw JOHN ROBERT CARMAN 0NIECT0R.WATER DEPARTMENT \ iC r 0 HALFF* ago g FILE NO. X-X%XX Cl-Y PROJECT NO. OMI •rxr.rx+-Mar rn[ar•ew.nay � 2015 0 REVISIONS HALFF T Y Y ID'i• W-f -P pY �_r IT rR rox� pw lrs .�r mR �rnoun ao�uu ` _•a T 1'rtiI1J x[R fKxd R 9 M CONSTRIXTION ROTES 1rpqf qu{ri71��•.�u1x r 11�c uR RO�f00"` '"'!["".�15.,7L �iTR?f��:.. �.'.flOi1 Y YR M'r.C/.R SIM w� uWfRY� � �MY•17 M A1AfiT T1RA.�R1x Raaw a iZAAML 7Y .CAL CONTROL d p< R O W t0 CITY OF FORT WORTH.TEXAS 'p RISNOER ROAD.DOT NO.020167E D OWS RAILWAY O RAILROAD MILEPOST]36.]1 2 RAILROAD EXHIBIT *A, v AT RLSNCER ROAD O STAMN 50-51.07 Qo TYPICAL SECTIONS ¢yi 0�16x1 tN1i w rQ1 H IY11 Tm' ILTR+1 d i 11 -aR a mvlo , UYEY """r�T' REVOONS-- �" �I f d Alvol F!W A_/(NT i..orir'al m��nau. eei"te�i�vlx—iu ` ' RmirTr�"T� I 4' ` i t95w.s. Mar law— mum. _ eta n• ---- >re t �-.'- e --- q 1 •- - .tR.7 - ,b loo. KA c ar t' s+teas..--,,• - ' I _ rteunttt ra xlotw�atETETI eat . _ '� �R't ITW! ! RS qtr ^: �� .a te-~_ r �'+.....ul�tR , T 10 ❑', t�•'; } �� CONSTMCTCe NOTES StoY rr�rim n s i�.isax., �-.. �. 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'�-._iH�:��_� .� _.M-_ -- A J— - .`nc naAwr-ra rror leve+xN+ ".• �w'i t TCN MOTES P I— D TCH —DITCH V .. q o CM Of rORT WORTH.TEXAS p RMINOER ROAD.DOT iq.OEO16TE o _ BWS RAILWAY Ci RAILROAD MILEPOST 336.31 Z F RAILROAD EXHIBIT A' o AT msrr--R Ram i -- - `-_ STATXW 50'51.91 a .�._.� ._,_. ...._....._......___._" DITCH V PLAN AND PROFILE STA E+00 TO END ._•.--....—— a�aaW a rW. re vi w AYf YyP RVlOM f a n 8 �vmm.�n.n ..veaar..xv.ne� -�sd.aaen wre A�t.a+w N .RKA JFF' --___-�_-_ oo.. �- R .+J"1 � 1' �.a_-,..z ..rsa �Stl[s _ _ • ...,_�--•-�-^'¢--' � -.. >. � �'�� r�oaaw"-rca•roar avn r�r • "�.*rt I NTMXnM NOTE rumm Loaf ORM pONTw. Teat WNma o L o I � u� < 0 Cl- Or FORT MORIK TUAS Y —_e Y ca�our RtSMEW R..,DOT NO"0"41TE o Mali aM Q tarlMo•u SWS RALWAY p 11MLROAD l=ST 336.34 2 RAILROAD EXHIBIT 'A' a imas n i at�y� +4�vr AD STA 1'70N SOaS" '4 "[Wrin�irS.T LKd4T1N&PLAN i amu ar i'r m�ia w+ox. i 1 nrwr�°iium a�ru r.ic wns ro s• a ern aur- an R 46tlR5 MAT LINE t KA o ell �! I�j r._- ■ C R UAW MATCH LINE a � I W cw-ua w, _ ... '•. r - - �� ...::.." _._ .... .. _ Cl OOTORO 5ROAD. OT02016 IEp T=- bWF RAILWAY O ' ......... ......• _....•. ...•. - �— '. PAQ<ROkp WlFP0S7 336.31 Z RAILROAD EXHIBIT A° � :•......................................... r ._ Ar RSWW?RW .j, f_ "=i, t •'r._ STATkW 50+57.97 s ISWM CONSTRUCTION PLAN _ I � � 1 .. •'� S rare..,. ,G., .., u� rr w rr vnon n.x � EIMIT"A-1"Property Description for EASEMENT AGREEMENT PROJECT NAME: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE PARCEL No.10 PERMANENT STREET EASEMENT CITY PROJECT No. 02239 W.RISINGER ROAD,FORT WORTH,TEXAS E.B.DISHMAN SURVEY,ABSTRACT No.407 JACOB WILCOX SURVEY,ABSTRACT No. 1743 E20MIT"A" Being a permanent street easement situated in the E. B. Dishman Survey, Abstract No. 407 and the Jacob Wilcox Survey, Abstract No. 1743, City of Fort Worth, Tarrant Counly, Texas, said permanent street easement being a portion of two tracts of land deeded to the Gulf, Colorado and Santa Fe Railway Company as recorded in Volume R,Page 530 and Volume R,Page 534 of the Deed Records of Tarrant County, Texas, said two tracts of land currently owned by Burlington, Northern and Santa Fe Railway Company, said permanent street easement being more particularly described by metes and bounds as follows: BEGINNING railroad spike found for the most easterly northeast corner of a 201.486 acre tract of land (by deed) deeded to McCart-Risinger, L.P. as recorded in County Clerk's File No. D204331963 of the Official Public Records of Tan-ant County, Texas, said railroad spike being the southeast comer of a 45.594 acre tract of land(by deed) deeded to CJB Prime Property,LLC as recorded in County Clerk's File No. D210196934 of said Official Public Records of Tarrant County, Texas, said railroad spike also being the apparent southwest comer of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 534, said railroad spike also being the apparent northwest comer of said Gult Colorado and Santa Fe Railway tract of land recorded in Volume R,Page 530; THENCE North 01 degrees 25 minutes 46 seconds East, with the west line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 534 and with the east line of said 45.594 acre tract of land,a distance of 119.62 feet to a point for corner; THENCE South 88 degrees 34 minutes 14 seconds East, a distance of 40.00 feet to a point for corner, THENCE South 01 degrees 25 minutes 46 seconds West, a distance of 60.93 feet to a point for comer; THENCE North 89 degrees 45 minutes 46 seconds East, a distance of 59.85 to point for corner in the east line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R,Page 534,said point being in the west line of a 4.733 acre tract of land (by deed) deeded to Southwest Metal Treating Corporation, LLC as recorded in County Clerk File No. D210264416 of said Official Public Records of Tarrant County,Texas; Exhibit A Page 1 of 3 THENCE South 01 degrees 25 minutes 00 seconds West, with east line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Mage 534 and with the west line of said 4.733 acre tract of land, a distance of 57.26 feet to a pk nail found for the southwest corner of said 4.733 acre tract of land, said pk nail being the apparent southeast corner of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page .534, said point also being, the apparent northeast corner of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R,Page 530; THENCE South 01 degrees 10 minutes 40 seconds West, with east line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 530, a distance of 19.96 feet to a mag nail found for the northwest comer of a 6.26 acre tract of land (by deed) described as Tract One deeded to 2201 Risinger, L.L.C. (50% undivided interest) as recorded in County Clerk's File. No. D209049450 of said Official Public Records of Tarrant County, Texas, and being deeded to Pamela L. Anderson, Trustee of the Anderson Marital Trust (50% undivided interest) as recorded in Volume 9931, Page 1980 of said Deed Records of Tarrant County,Texas, and being further described in County Clerk's File No. D208403925 of said Official Public Records of Tarrant County,Texas; THENCE South 01 degrees 25 minutes 45 seconds West, with east line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, .Page 530 and with the west line of said 6.26 acre tract of land, a distance of 37.83 feet to a point for corner; THENCE South 89 degrees 45 minutes 46 seconds West, a distance of 99.96 feet to a point for corner in the west line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 530 and being in the east line of said 201.486 acre tract of land; THENCE North 01 degrees 25 minutes 16 seconds East, with the west line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 530 and with the east line of said 201.486 acre tract of land, a distance of 57.52 feet to the POINT OF BEGINNING and containing 13,951 square feet or 0.320 acres of land, of which 2,604 square feet or 0.060 acres of land lies within the existing prescriptive road area for West Risinger Road leaving a net area of 11,347 square feet or 0.260 acres of land,more or less. Exhibit A Fuge 2 of 3 Notes: (1) A plat of even survey date accompanies this legal description. (2) R.O.W. markers along the proposed right-of-way line are a 5/8" iron rod with blue cap stamped"Gorrondona"set unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202. All distances and areas shown are surface. Date: May 4,2016 OF44� 0 Gi -G 'v> Curtis Smith CURTISStuf1T�i Registered Professional Land Surveyor 5494 -r.c No. 5494 Texas Firm No. 10106900 d Exhibit A Page 3 of 3 EXHIBIT %3y' PARCEL No. 10 PERMANENT STREET EASEMENT I i C -1 . S 88•� E.,: 4000, ( a 2 _sA,•25 4 --.61." a93 . L-3 . 89'45 46 59.85 7;74-7_S 07'25 00. 57.28.:_ 45.594 ACRES (BY DEED) �g $av l�5 �S 01'10 0'W "' 19.98' CJB PRIME PROPERTY, LLCara L-fi S 01'2545 '37:83- C.C_F. Nq (}2111196934 i L=7'. N'DI'25.I5.E. '57.52 8[5,11:1 iF7 ( Sir .,R SV3 �,t��! �' �. 4.733 ACRES (8Y DEED) N ��B SOUTHWEST METAL TREA CORPORATION, LLC C.C.F. No. 0210264416 O.P.R.T.C.T. J : RAn ROAD SIGNAL CAB�� 33625 :.- ,•r,',_i:�r,,, PERMMEt+IT STREET EASEMENT AREA 1�1 3Q}4�7 SQ. FT. OR APP.RO (MATE LOCATION Z}C ;'��T:J ' •r. :i l'p V,ZVV ACRES (NE-T) OF SURVEY LINE N ? P.O.B. : Y;: •• 'v;;_.t ri::•r 4::� APPROXIMATE LOCATION :Yt;ri 4:;i? ...;,.;,,...:_ ' Cs•� OF SURVEY LINE FOUND RAILRDAO Z :'r'r:::rzi�s:z :;Yii •: SPIKE 'wig,' � :: �. N0. PK NAIL WEST RISINGER ROAD WEST RISINGER ROAD }tils :c 'Trf: ': - �]? �� 1 f �} ,T:cNG:•F(iESCRIPTNE:. 60 ROAD EASEMENT :ROAD AREA 2 604 $Q, I DEDICATED TO THE USE AND BENEFIT OF THE. A Cl :tx:::•.r: PUBUC AS A ROAD EASEMENT .,.•.'.... VOLUME 5168, PAGE 276 D.R.T.C.T. PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR ROAD PURPOSES GRANTED TO 'QULF. COLORADO ec SANTA CONVEYOR CORPDRAWN OF AMERICA, INC- F—t RAILWAY COMPANY8.26 ACRES (BY DEED) VOLUME 72,57, PAGE 2312 VUR-RENTLY OWNED BY � 2201 RISINGER, L.L.C. (50% OWNERSHIP) D.R.T.C.T. 811R11N8iDft NORTHERN & SANTA �E RAILWAY COMPANY ( C.C.F. Na. 0209048450, O.P R.T.C.T. VOLUME R. PAGE 530 PAMELA L ANDERSON, TRUSTEE OF THE REMA04M OF i ANDERSON MARITAL TRUST (50X OWNERSHIP) 201.48ACRES DEED) D.R.T.C.T. VOLUME 9931, PAGE 1980, D.R,T.C.T. MCCART-RISING LP. FURTHER DESCRIBED IN D208403925 C.C.F. ND. D204331963 O.P.R.T.C.T. O.P.R.T.C.T. yQigs;., n> RjanoN Qir aMtarLe.Aj900. TNS AUT. 60' 30' 0 60' b)a �b OS �tfU 1 WAf'uk =A sus Is[ 1 fob P 1 1DGJfA;•_ <. W1QE NtT[ED -— — 3, ALt.9 0 011 R. CEPS TEKAS.',QOORDINAiE SY57EM, . NA11- ;'TF1 0zONs 42ti2; EXHIBIT "A-2"Property Description for NMMORANDUM OF EASEMENT PROJECT NAME: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE PARCEL No. 10 PERMANENT STREET EASEMENT CITY PROJECT No. 02239 W.RISINGER ROAD,FORT WORTH,TEXAS E.B.DISHMAN SURVEY,ABSTRACT No.407 JACOB WILCOX SURVEY,ABSTRACT No. 1743 EXHIBIT "A" Being a permanent street easement situated in the E. B. Dishman Survey, Abstract No. 407 and the Jacob Wilcox Survey, Abstract No. 1743, City of Fort North, Tarrant County, Texas, said permanent street easement being a portion of two tracts of land deeded to the Gulf, Colorado and Santa Fe Railway Company as recorded in Volume R,Page 530 and Volume R, Page 534 of the Deed Records,of Tarrant County, Texas, said two tracts of land currently owned by Burlington., Northern and Santa Fe Railway Company, said permanent street easement being more particularly described by metes and bounds as follows: BEGINNING railroad spike found for the most easterly northeast comer of a 201.486 acre tract of land (by deed) deeded to McCart-Risinger, L.P. as recorded in County Clerk's File No. D204331963 of the Official Public Records of Tarrant County, Texas, said railroad spike being the southeast corner of a 45.594 acre tract of land(by deed) deeded to CJB Prime Property,LLC as recorded in County Clerk's File No. D210196934 of said Official Public Records of Tarrant County, Texas, said railroad spike also being the apparent southwest corner of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in. Volume R, Page 534, said railroad spike also being the apparent northwest corner of said Gulf, Colorado and Santa Fe Railway tract of land recorded in Volume R,Page 530; THENCE North 01 degrees 25 minutes 46 seconds East, with the west line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 534 and with the east line of said 45.594 acre tract of land,a distance of 119.62 feet to a point for corner; THENCE South 88 degrees 34 minutes 14 seconds East, a distance of 40.00 feet to a point for corner; THENCE South 01 degrees 25 minutes 46 seconds West, a distance of 60.93 feet to a point for corner; THENCE North 89 degrees 45 minutes 46 seconds East, a distance of 59.85 to point for comer in the east line of said Gulf, Colorado and Santa.Fe Railway Company tract of land recorded in Volume R,Page 5344,said point being in the west line of a 4.733 acre tract of land (by deed) deeded to Southwest Metal Treating Corporation, LLC as recorded in County Clerk File No. D210264416 of said. Official Public Records of Tarrant County,Texas; Exhibit A Page 1 of 3 THENCE South 01 degrees 25 minutes 00 seconds West,with east line of said Gulf, Colorado ,and Santa Fe Railway Company tract of land recorded in Volume R, Page 534 and with the west line of said 4.733 acre tract of land, a distance of 57.26 feet to a pk nail found for the southwest corner of said 4.733 acre tract of land, said pk nail being the apparent southeast corner of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 534, said point also being the apparent northeast corner of said Gvlf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R,Page 530; THENCE South 01 degrees 10 minutes 40 seconds West, with east line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 530, a distance of 19.96 feet to a mag nail found for the northwest corner of a 6.26 acre tract of land (by deed) described as Tract One deeded to 2201 Risinger, L.L.C. (50% undivided interest) as recorded in County Clerk's File No. D209049450 of said Official Public Records of Tarrant County, Texas, and being deeded to Pamela L. Anderson, Trustee of the Anderson Marital Trust (50% undivided interest) as recorded in Volume 9931,Page 1980 of said Deed Records of Tarrant County,Texas, and being further described in County Clerk's File No. D208403925 of said Official Public Records of Tarrant County,Texas; THENCE South 01 degrees 25 minutes 45 seconds West,with east line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 530 and with the west line of said 6.26 acre tract of land,a distance of 37.83 feet to a point for corner; THENCE South 89 degrees 45 minutes 46 seconds West,a distance of 99.96 feet to a point for corner in the west line of said Gulti Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 530 and being in the east line of said 201.486 acre tract of land; THENCE North 01 degrees 25 minutes 16 seconds East, with the west line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 530 and with the east line of said 201.486 acre tract of land,a distance of 57.52 feet to the POINT OF BEGINNING and containing 13,951 square feet or 0.320 acres of land, of which 2,604 square feet or 0.060 acres of land lies within the existing prescriptive road area for West Risinger Road leaving a net area of 11,347 square feet or 0.260 acres of land,more or less. Exhibit A Page 2 of 3 Notes: (1) A plat of even survey date accompanies this legal description. (2) R.O.W. markers along the proposed right-of-way line are a 5/8" iron rod with blue cap stamped"Gorrondona"set unless otherwise noted, (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202. All distances and areas shown are surface. Date: May 4,2016 Curtis Smith CURTiS SMITH Registered Professional Land Surveyor No. 5494 Texas Firm No. 10106900 1 Exhibit A Page 3 of 3 EXHIMP "B_', PARCEL No. f Q PERMANENT STREET EASEMENT C • S 68°3 _4 E-,.: 40:00.- 1 e L-2 -S_01'25 6 130.93.. a = L 3 !39'45 46 E 69.86 57.267 45.594 ACRES (BY DEED) a V L-5 S 01.10 0 19.86 CJH PRIME PROPERTY, LLC L'� S a i p}d '. L=6 ' ' S 01'25 45- -- 37 83- C.C.F. .. JT D]96934 l' P � 4.733 ACRES (BY DEED) g ,M ��J+ i�1 i?r z _ • �a 5 SOUTHWEST METAL TRE CORPORATION, LLC �• : s �? G.C.F. No. D210264416 us O.P.R.T.C.T., _RAILROAD SIGNAL r n7 ryz'J CAB N,FT_�}P 336.25 L 3 PERMANENT STREET •.:�`r...... ': EASEMENT AREA .l;: '.ii:'.';{ ;:;.'•':•:i ?: 11,347 SQ. FT. OR APP,, IMATE LOCATION �' h; 0.260 ACRES (NET} OF SURVEY LINE f4 ?.z ... �AY^:t•"::S'.^..'.1" :�'•��•�..�_-s-r.-d+•�.�-"'^L''��.!''��.r_ -._�- P.O.B. is :� :ii.r:r° c -S: t APPROXIMATE LOCATION FOUND RAILROAD Z i:` kjl s td'- OF SURVEY LINE 7 SPIKE '�„��. _ PND. PK NAIL WEST RISINGER ROAD = T.Y, !, WEST RiSiNGERR ROAD = 5�]�v�� 1 ti�z'•r.E70STINfi PF(ESCRIP '.' 60,.•ROAD EASEMENT JNE r r;.RQAD AREA 2,604 DEDICATED TO THE USE 1� � i 0 0.080 ACRE f J AND BENEFIT OF THE GOB 0• :�:�4i: i t; =r.:R: ::r:,^::.. PUBLIC AS A ROAD EASEMENT VOLUME 5168 PAGE 278 p8S _69 45'4.6.�. -99,96' D.R.T.C.T. PERPETUAL EASEMENT AND RIGKT-OF--WAY FOR ROAD PURPOSES GRANTED TOQ1J(F..COLORADO & SANTA CONVEYOR CORPORATION OF AMERICA, INC. 1'g.:RAILWAY COMPANY 6.26 ACRES (BY DEED) VOLUME 7257, PAGE 2312 CURRENTLY OWNED HY I D257, P 2201 RISINGER, LLC. (SOX OWNERSHIP) I...'"OlbN'NORTHERN & STA C.C.F. No. D2O9D49450 O.P.R.T.C.T. `` VOLUME R. PAGE 530 PAMELA L ANDERSON, TRUSTEE OF THE ANDREMAINDER OF 1 D.R.T.C.T. V�OLUME MARITAL 1PAGE 1980XO.R.T.EfiTHIP) 201.486 ACRES (BY DEED) MCCART-RISINGER, L.P. FURTHER DESCRIBED IN D208403925 C,C.F. ND. D204331963 O.P.R.T.C.T. O.P.R.T.C.T. 1° `igsAj nESCRIt'aT N 4�>~v�rt DATE ACCOtiPAiRffi aNts T�jgT:. 60' 30'- 0 60' q x 9,G E-PROPOS- RIGFR-OF 111A�( LIN' ALFA 57e• low ion-w LUE J0 ' '61}ftRbNObNA' T UNLESS OTHER{SE NORED - —`� 3. •A4LL B�(1RIN$6 G 1Tr5 Alii RIFUNNOED TO E TEXAS CQORDINATE SYSTEM, --- NAD THS= _ IQRD zoN'E}202:ALL DI§FANGEs`AND NZEAS SFIaY/N ARE SURTCE SCALA IIv PEEP- �_— SORT `I lw D f°` wig f"` ` 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A '7 0F T EAFSEMENT OF T TWO TRACTS OF LAND SITUATED IN THE E. B. DISHMAN SURVEY, ABSTRACT No. 407 do THE JACOB WILCOX SURVEY, ABSTRACT No. 1743 CU T1S SMI _ CITY OF FORT WORTH TARRANT COUNTY, TEXAS AS R&CIRDED IN f".}. 549.4.. ' VOLUME R. PAGE 530 & VOLUME R, PAGE 534 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: RI5.INGER. ROAD FROM R INLEY ROAD TO MCCART AVENUE. CITY PROD.CAD o,_.9 9 UI !QN-.AREk-11 .4-7--S UARE..'FE..QfV,'Q6 -•= RES ___-. .._-. ._ C ;SOH`N-NACF1403;p0" " _ "_ DRAB N' : JLC - ..._„ .- _.- -:: "FlLE.`PARI O=REV.DWG'. EG 51E72EQ P!R FESSIONAL LAND SURVEYOR DATE MAY 4' '2018 --ACE d.O-Q. - • 1 R..ffIl'. Q-5d9 . JE11t5- No. D30980 - =-` GORRONDO ASSOCIA , INC 7624 iJACk=NEWEli''BO LEVARD'50U1H-FORT ORTff-TX.--76118- B17-496=7424'-FAX- T--4116=1768`-- EXHIBIT "A-3" -Property Description for temporary construction easement PROJECT NAME: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE PARCEL No. 10 TCE-PART I CITY PROJECT No.02239 W.RISINGER ROAD,FORT WORTH,TEXAS E.B.DISHMAN SURVEY,ABSTRACT No.407 EXHIBIT"A" Being a temporary construction easement situated in the E. B. Dishman Survey, Abstract No. 407, City of Fort Worth, Tarrant County, Texas, said temporary construction easement being a portion of a tract of land deeded to the Gulf, Colorado and Santa Fe Railway Company as recorded in Volume R,Page 534 of the Deed Records of Tarrant County, Texas,said tract of land currently owned by Burlington, Northern and Santa Fe Railway Company, said temporary construction easement being more particularly described by metes and bounds as follows: - COMMENCING at a railroad spike found for the most easterly northeast corner of a 201.486 acre tract of land (by deed) deeded to McCart-Risinger, L.P. as recorded in County Clerk's File No. D204331963 of the Official Public Records of Tarrant County, Texas, said railroad spike being the southeast corner of a 45.594 acre tract of land(by deed)deeded to CIB Prime Property, LLC as recorded in County Clerk's File No. D210196934 of said Official Public Records of Tarrant County, Texas,said railroad spike also being the apparent southwest corner of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 534, said railroad spike also being the apparent northwest corner of a tract of land deeded to Gulf, Colorado and Santa Fe Railway as recorded in Volume R, Page 530 of said Deed Records of Tarrant County, Texas,from which a PK nail found for the southwest comer of a 4.733 acre tract of land deeded to Southwest Metal Treating Corporation,LLC as recorded in County Clerk's File No. D210264416 of said Official Public Records of Tarrant County, Texas bears North 89 degrees 36 minutes 49 seconds East(radial bearing), a distance of 99.81 feet, said PK nail being in the north right-of-way line of West Risinger Road (a variable width right-of-way), said PK nail also being in the west line of said Gulf, Colorado and Santa Fe Railway tract of land recorded in Volume R,Page 530; THENCE North 01 degrees 25 minutes 46 seconds East,with the west line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 534 and with the east line of said 45.594 acre tract of land,a distance of 119.62 feet to the POINT OF BEGINNING of the herein described temporary construction easement, said point being the northwest corner of a proposed road easement; THENCE North 01 degrees 25 minutes 46 seconds East, with the west line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 534 and with the east line of said 45.594 acre tract of land,a distance of 884.59 feet to a point for corner, THENCE South 88 degrees 34 minutes 14 seconds East, a distance of 40.00 feet to a point for cornea Exhibit,A.Page 1 of 2 PROJECT NAME: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE PARCEL No. 10 TCE-PART 1 CITY PROJECT No. 02239 W.RISINGER ROAD,FORT WORTH,TEXAS E.B.DISHMAN SURVEY,ABSTRACT No. 407 EXHIBIT"A" Being a temporary construction easement situated in the E. B. Dishman Survey, Abstract No. 407, City of Fort Worth, Tarrant County, Texas, said temporary construction easement being a portion of a tract of land deeded to the Gulf, Colorado and Santa Fe Railway Company as recorded in Volume R,Page 534 of the Deed Records ofTarrant County,Texas,said tract of land currently owned by Burlington, Northern and Santa Fe Railway Company, said temporary construction easement being more particularly described by metes and bounds as follows: COMMENCING at a railroad spike found for the most easterly northeast corner of a 201.486 acre tract of land (by deed) deeded to McCart-Risinger, L.P. as recorded in County C1m k's File No. D204331963 of the Official Public Records of Tarrant County, Texas, said railroad spike being the southeast corner of a 45.594 acre tract of land (by deed)deeded to CJB Prime Property, LLC as recorded in County Clerk's File No. D210196934 of said Official Public Records of Tarrant County,Texas, said railroad spike also being the apparent southwest corner of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R. Page 534, said railroad spike also being the apparent northwest corner of a tract of land deeded to Gulf, Colorado and Santa Fe Railway as recorded in Volume R, Page 530 of said Deed Records of Tarrant County,Texas,from which a PK nail found for the southwest corner of a 4.733 acre tract of land deeded to Southwest Metal Treating Corporation,LLC as recorded in County Clerk's File No. D210264416 of said Official Public Records of Tarrant County, Texas bears North 89 degrees 36 minutes 49 seconds East(radial bearing), a distance of 99.81 feet, said PK nail being in the north right-of-way line of West Risinger Road (a variable width right-of-way), said PK nail also being in the west line of said Gulf, Colorado and Santa Fe Railway tract of land recorded in Volume R, Page 530; THENCE North 01 degrees 25 minutes 46 seconds East, with the west line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 534 and with the east line of said 45.594 acre tract of land, a distance of 119.62 feet to the POINT OF BEGINNING of the herein described temporary construction easement, said point being the northwest corner of a proposed road easement; THENCE North 01 degrees 25 minutes 46 seconds East, -with the west line of said Gulf, Colorado and Santa Fe Railway (:,orapany tract of land recorded in Volume R, Page 534 and with the east line of said 45,"�!)4 acre tract of land,a distance of 884.59 feet to a point for Corner; THE, South 88 degrees 34 minutes 14 seconds East, a distance of 40.00 feet to a point for corner; Exhibit A Page 1 of 2 THENCE South 01 degrees 25 minutes 46 seconds West, a distance of 884.59 feet to a point for the most northerly northeast corner of a proposed street easement; THE, North 88 degrees 34 minutes 14 seconds West, with the most northerly north line of said proposed street easement, a distance of 40.00 feet to the POINT OF BEGINNING and containing 35,383 square feet or 0.812 acres of land,more or less. Notes: (1) A plat of even survey date accompanies this legal description. (2) R.O.W. markers along the proposed right-of-way line are a 5/8" iron rod with blue cap stamped "Gorrondona" set unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202. All distances and areas shown are surface. Date: May 4, 2016 OF P Curtis Smith CURTIS SMITH Registered Professional Land Surveyor . s�y .Ss\ .a No. 5494 ..�� SUR`I Texas Firm No. 10106900 Exhibit A Page 2 of 2 EXHIBIT "BI 11 PARCEL No. 10 TCF PART 1 MATCH LINE PAGE 2 TEMPORARY CONSTRUCTION r:ci ::;?' ;:'. EASEMENT AREA """""""`I cb uNE a 1 35,383 SQ. FT. u] LINE BEARING DISTANCE OR 0.812 ACRES :: `:"`:::`' a L-1 N 88'3414 40,00 o . :: `.::`.:`. o t 7� 5 AO z .. I B. � d 4,5.594 ACRES (BY DEED) P.O.B. •.... AaS�� 1 11 CJB PRIME PROPERTY, LLC C.C.F. N0. D210196934 >. I O.P.R.T.C.T. PROPOSED ROAD EASEMENT a 4.733 ACRES ((BY 6)EED SOUTHWEST METAL TREATICIO Cf2RPRAIION, LLC RAILROAD SnNAL gC.C,F. No. D210264415 CABINET MP 336.25 I ;hh O.P.R.T.C.T. �Ia APPROXIMATE LOCATION OF SURVEY LINE z (RADIAL BEARING) ------ APPROXIMATE LOCATION P.0.C. N BW36'49 E FOUND RAILROAD 99.81' OF SURVEY LIN S IKE — — _ FND. PK NAIL WEST RISI EGN R ROAD WEST RISINGER-R -ROAD' (A VARIABLE WIDTH RIGHT-OF-WAY) (A VARIABLE WIDTH RIGHT-OF-WAY)_ ---- FND. MAG NAIL--------------- ---- 0�NEXISTING PRESCRIPTIVE 60' ROAD EASEMENT ROAD AREA DEDICATED EE AND BENEFIT OF THE VAO• PUBLIC AS A ROAD EASEMENT S� � � _ VOLUME 5168, PAGE 278 D.R.T.C,T. PROPOSED ROAD EASEMENT PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR ROAD PURPOSES GRANTED TO GULF, COLORADO do SANTA CONVEYOR CORPORATION OF AMERICA, INC. FE RAILWAY COMPANY VOLUME 7257, PAGE 23$'2 CURRENTLY OWNED BY6.26 ACRES (BY DEED) D.R.T.C.T, I BURLINGTON NORTHERN do SANTA I 2201 RISINGER, L.L.C. (50% OWNERSHIP) FE RAILRWAY COMPANY C.C.F. No. D209049450, O.P.R.T.C.T. REMAINDER Of I VOLUME R, PAGE 530 I PAMELA L. ANDERSON, TRUSTEE OF THE D.R.T.C.T. ANDERSON MARITAL TRUST 1509 OWNERSHIP) 201.486 ACRES (BY DEED) MCCART-RISINGER, L.P. ( I VOLUME 9931, PAGE 1980, D.R.LC.T, C.C.F. NO. 0204331963Ir FURTHER DESCRIBED IN D208403925 O.P.R.T.C.T. O.P.R.T.C.T, NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 60' 30' 0 60: 2. R.O.W. MARKERS ALONG THE PROPOSED RIGHT-QF-WAY LINE ARE A 5/8" IRON ROD WITH BLUE CAP STAMPED "GORRONDONA" SET UNLESS OTHERWISE NOTED. 3, ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202. ALL DISTANCES AND AREAS SHOWN ARE SURFACE. SCALE IN FEET ORT FORT 'fty o F Fort Worth 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 EXHIBIT SHOWING T TEMPORARY CONSTRUCTION f OF EASEMENTOUr TRACT OF LAND SITUATED IN THE E. B. DISHMAN SURVEY, ABSTRACT No. 407 .. C T!S_SMIT CITY OF FORT WORTH TA0RRANT COUNTY, TEXASAS �-r � 5494�� + VOLUME R, PAGE 534 �O DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: RISINGER ROAD EROM CROWLEY ROAD TO MCCART AVENUE I CITY PROJ. No. 02239 ACQUISITION AREA: 35 383 S UARE FEET OR 0.812 ACRES GURTIS SMITH JOB No. HALF1403.00 I DRAWN BY: JLCGAD FILE: PARIOTCEPTI.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MAY 4 2018 1 EXHIBIT B PAGE 1 OF 3 1 SCALE: 1" BO` NO, 5494 IM FIRM No. 10 069x00 GORRONDONA & ASSOCIATES, INC. . 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 . 817-496-1424 FAX 817-498-1768 IT "B " PARCEL No. 10 TCB PART f MATCH LINE PAGE 3 . :i 199 ACRES (BY DEED) SOUTHWEST METAL TREATING CORPORATION, LLC 00 I{; • ;;}: .� I VOLUME 11455, PACE 846 D.R.T.C.T. :1 JAJ 13 45.594 ACRES (BY DEED) ep :�Rtp CJB PRIME PROPERTY, LLC C.C.F. NO. D210196934 — O.P.R.T.C.T. • ;........ Z O Iri{i:,:i:.:,:,rr., ' 4.733 ACRE$ (DY DEED) .� SOUTHWEST METAL TREATING CORPORATION, LLC < C.C.F. No. 0210264416 TEMPORARY CONSTRUCTION ... D.P R.T.e.T. EASEMENT 35,383 SQ. FT, OR 0.812 ACRES Zia 0%5 XAO 1 is I`: ::: :::`:: .� SCALE IN FEET . :.;,. .. MATCH LINE PAGE 1 NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PIAT, 2. R.O.W. MARKERS ALONG THE PROPOSED RIGHT--OF—WAY LINE ARE A 5/8" IRON ROD WITH BLUE CAP STAMPED "GORRONDONA" SET UNLESS OTHERWISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE, ORTWORT City of Fort Worth 1000 THROCKMORTON STREET . FORT WORTH, TEXAS 76102 EXHIBIT SHOWING TEMPORARY CONSTRUCTION EASEMENT �F'••p� OUT of A �, ��RF. y� TRACT OF LAND c� Q o%f SITUATED IN THE E. B. DISHMAN SURVEY, ABSTRACT No. 407 CU TIS SMITH CITY OF FORT WORTH TARRANT COUNTY, TEXAS -r AS RiCORDEO IN t ,Q 5494 ;r VOLUME RPAGE 534 DEED RECORDS OF TARRAW COUNTY, TEXAS PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE I CITY PROD. No. 02239 S ACQUISITION AREA: 35.383-SQUARE FEET OR 0.812 ACRES CURTIS SMITH JOB No. HALF1403.00 I DRAWN BY: JLC CAD FlLE: PARlOTCEPTI.DWO REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MAY 4 2018 1 EXHIBIT B PAGE 2 OF 3 1 SCALE: 1" "• 60' NO, 5494 TEXAS FIRM No. 10108900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 7018 • 817-496-1424 FAX 817-496-1788 EXHIBIT "B " PARCEL No. f 0 TCE PART f .��S 88134'14-E . 40,00 :1 TEMPORARY CONSTRUCTION EASEMENT AREA :... 35,383 SQ FT. OR 0.812 ACRES '';': ...; :: � 4 I �"g 1 LypcK + ADDIT9ON :}I a B IAL 640 � .:.:.� OFF,.` HpT A, C.T. 45.594 ACRES (BY DEEO) DD DIHCA F$ PSR? DB CJ8 PRIME PROPERTY, LLC 00 ¢ d C.C.F. NO. 0210196934 ..................... ... .. ... S A z 3 W o O.P.R.T.C.T. .....:................],* H§ z Ia':,: :}::r:c::.'. i ` N .I N FMO 51WIR Z .� 2.99 ACRES (BY DEED) ;I VOLUME SOUTHWEST METAL TREATING CORPORATION, LLC 11455, PAGE 845 C.......... I I D.R.T.C.T, 60' 30' 0 60' v VR pxSKMAN o qac SCALE IN FEET � ............ ;.j MATCH LINE PAGE 2 NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. R.O.W. MARKERS ALONG THE PROPOSED RIGHT-OF-WAY LINE ARE A 5/8' IRON ROD WITH BLUE CAP STAMPED "GORRONDONA" SET UNLESS OTHERWISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202. ALL DISTANCES AND AREAS SHOWN ARE SURFACE. ORT WORT City of Fort Worth 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 EXHIBIT SHOWING OF TEMPORARY CONSTRUCTION EASEMENT '�� "' '^•rc�' A TRACT OFA LAND [j`��``G1eRF� �n SITUATED IN THE :. , E. B. DISHMAN SURVEY, ABSTRACT No, 407 CU TIS SMIT CITY OF FORT WORTH, TARRANT COUNTY, TEXAS -�,- - .......•� •• AS RECORDED IN ,,p 5494 ;'Q� VOLUME R, PAGE 534 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE CITY PROJ. No. 02239 ACQUISITION AREA: 35,383 SQUARE FEET OR 0.812 ACRES CURTIS SMITH JOB No. HALF1403.00 DRAWN BY: JLC CAD FILE: PARIOTCEPTI.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MAY 4 2016 EXHIBIT B PAGE 3 OF 3 SCALE: 1" Q 60' N0. 5494 TEXAS FIRM No. 10105900 GORRONDONA do ASSOCIATES, INC. + 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TOT. 76118 • 817-496-1424 FAX 817-496-1768 PROJECT NAME:RxSINGER ROAD FROM CROWLEY ROAD TO MCCART AVENUE PARCEL No. 10 TCE-PART 2 CITY PROJECT No. 02239 W.RZSINGER ROAD,FORT WORTH,TEXAS JACOB WILCOX SURVEY,ABSTRACT No. 1743 EXHIBIT"A" Being a temporary construction easement situated in the Jacob Wilcox Survey, Abstract No. 1743, City of Fort Worth,Tarrant County, Texas, said temporary construction easement being a portion of a tract of land deeded to the Gulf, Colorado and Santa Fe Railway Company as recorded in Volume R,Page 530 of the Deed Records of Tarrant County,Texas,said tract of land currently owned by Burlington, Northern and Santa Fe Railway Company, said temporary construction easement being more particularly described by metes and bounds as follows: COMMENCING at a railroad spike found for the most easterly northeast corner of a 201.486 acre tract of land (by deed) deeded to McCart-Risinger, L.P. as recorded in County Clerk's File No. D204331963 of the Official Public Records of Tarrant County, Texas, said railroad spike being the southeast corner of a 45.594 acre tract of land(by deed)deeded to CJB Prime Property, LLC as recorded in County Clerk's File No. D210196934 of said Official Public Records of Tarrant County, Texas, said railroad spike also being the apparent southwest corner of a tract of land deeded to the Gulf Colorado and Santa Fe Railway Company as recorded in Volume R, Page 534 of said Deed Records of Tarrant County, 'Texas, said railroad spike also being the apparent northwest corner of said tract of land deeded to Gulf, Colorado and Santa Fe Railway as recorded in Volume R,Page 530,from which a PK nail found for the southwest comer of a 4,733 acre tract of land deeded to Southwest Metal Treating Corporation, LLC as recorded in County Clerk's File No. D210264416 of said Official Public Records of Tarrant County, Texas bears North 89 degrees 36 minutes 49 seconds East (radial bearing), a distance of 99.81 feet, said PK nail being in the north right-of-way line of West Risinger Road (a variable width right-of-way), said PK nail also being in the west line of said Gulf, Colorado and Santa Fe Railway tract of land recorded in Volume R,Page 530;THENCE South 01 degrees 25 minutes 16 seconds West, with the west line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R,Page 530 and with the east line of said 201.486 acre tract of land, a distance of 57.52 feet to the POINT OF BEGINNING of the herein described temporary construction easement, said point being in the south line of a proposed road easement; THENCE North 89 degrees 45 minutes 46 seconds East, with the south line of said proposed road easement, a distance of 99.96 feet to a point for comer in the east line of said Gulf Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 530, said point being in the west line of a 6.26 acre tract of land (by deed) described as Tract One deeded to 2201 Risinger,L.L.C. (50%undivided interest) as recorded in County Clerk's File No. D209049450 of said Official Public Records of Tarrant County, Texas, and being deeded to Pamela L. Anderson, Trustee of the Anderson Marital Trust (50% undivided interest) as recorded in Volume 9931, Page Exhibit A Page 1 of 2 1980 of said Deed Records of Tarrant County, Texas, and being further described in County Clerk's File No. D208403925 of said Official Public Records of Tarrant County, Texas, from which a Mag nail found for the northwest corner of said 6.26 acre tract of land bears North 01 degrees 25 minutes 45 second East, a distance of 37.83 feet, said Mag nail being in the existing south right-of-way line of West Risinger Road(a variable width right-of-way), said Mag nail being in the east line of said tract of land deeded to Gulf, Colorado and Santa Fe Railway Company recorded in Volume It,Page 530; THENCE South 01 degrees 25 minutes 45 seconds West,with east line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume It,Page 530 and with the west line of said 6.26 acre tract of land,a distance of 15.01 feet to a point for comer; THENCE South 89 degrees 45 minutes 46 seconds West, a distance of 99.96 feet to a point for comer in the west line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R,Page 530 and being in the east line of said 201.486 acre tract of land THENCE North 01 degrees 25 minutes 16 seconds East, with the west line of said Gulf, Colorado and Santa Fe Railway Company tract of land recorded in Volume R, Page 530 and with the east line of said 201.486 acre tract of land,a distance of 15.01 feet to the POINT OF BEGINNING and containing 1,499 square feet or 0.034 acres of land,more or less. Notes: (1) A plat of even survey date accompanies this legal description. (2) R.O.W. markers along the proposed right-of-way line are a 5/8" iron rod with blue cap stamped"Gorrondona" set unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202. All distances and areas shown are surface. Date: May 4,2016 - , QF N T� Curtis Smith CURTIS SMITH Registered Professional Land Surveyor r's' ...s4s4: - No. 5494 '�!p" �` .s�.°°• ,� , Texas Firm No. 10106900 Exhibit A Page 2 of 2 EXHIBIT "B " PARCEL No. f 0 TCR PART 2 45.594 ACRES ((BY DEED B - I Z LIN : DISTANCE CJB PRIME PROPEIRTY LLC �o ..E' C .C.F. NO. D210196934 m W z O.P.R.T.C.T. 'L42: :N'p• $ - a7:8 '.. Cly ��`.•� ��?-�<o:� l .- _... _ _. ._ ops ° .. g -gig I . A RR43 0$ETi'ROAD. I*J.'�W_9�-, 4-733 ACRES (BY DEED) AgS� � � SOUTHWEST METAL TREATING CORPORATION, LLC 0or G.G.F. No. 0210264416 LAD O.P,R.T.C.T. RAILROAD SIGNAL PROPOSED ROAD CABINET MP 336.25 EASEMENT --- L— L i AP.Ft"MMATE LOCATION OF SURVEY LINE P.0.�.�,._ k 89'3fi'49"E APPROXIMATE LOCATION , FOUNQ_R(�j-LROAD= 99.81 OF SURVEY LINE SFlVDD.PK NAIL - WEST :�SINR RQAD WP.' RIS : G R (SAD (A VARIABLE WIDTH RIGHT-OF-WAY) _ ._ _- I ..VARIABLE WIDTH RIGHT-OF-WAY) • ��►�"'-'' S ' EXISTING PRESCTiI, 60' ROAD EASEMENT Ail 3: ROAD ARE :. DEDICATED TO THE USE Q 14p, n AND BENEFIT OF THE 4 RAC,I Q.p� n( 89'46'46"E 99.96. -S 01.25'45"'W PUBLIC AS A ROAD EASEMENT VOLUME PA GE 2783 15.01' D.R.T.C.T.2J� 15.01 :{ ":` pp TEMPORARY CONSTRUCTION PERPETUAL EASEMENT AND RIGHT-OT-WAY S '9* *48'W*' 99.�gy EASEMENT AREA FOR ROAD PURPOSES CRANTED TO � � COLORADO k SANTA 1.,499.5Q..FT. CONVEYOR CORPORATION OF AMERICA INC. RAILWAY COMPANY +DR 0:(k34'ACRES. .. VOLUME 7257, PAGE 2312 CURRENTLY OWNED BY _.. _ . O.R.T.C.T. 6.26 ACRES (BY DEED) I 4TpN NORTHERN do SANTA "E'RAILWAY COMPANY I• 2201 RISINGER, L.LC. (50R OWNERSHIP) REMAINDER OF VOLUME R, PAGE 530 C.C.F. No. D209049450 O.P.R.T.C.T. 201.486 ACRES (BY DEED) I D.R.T.G.T. I PAMELA L ANDERSON, TRUSTEE OF THE MCCART-RISINGER, L.P. ANDERSON MARITAL TRUST (50% OWNERSHIP) C.C.F. NO, D204331963 VOLUME 9931, PAGE 1980, D.R.T.C.T. O.P.R.T.C.T. FURTHER DESCRIBED IN D205403925 O.P.R.T.C.T. 1, A Kral. p1 OR1�AOf1 der l DATE.A000MPANIES i WS:PU(Y. 60' 30' 0 60' Rte MgtjKERS(1LONG THE P{jOPOS,Ep RI9h[1-QF WA LIMSEE AMIE.ABSB'.IRT ] ftti Y)I1I AP STAMPED `GDIIRONbbhA EET UN}E55 QTHERM, NO D. —_• 3i BEARINGS j�Np COORDINATE'S ARE REfERI NEED TO TETE TAXA§•¢66 blwt THE NUHTH CEtdlitllL ZONE 4202,Al4 DISTANCfS.AND AREA�S.SltoWN AI25UitFAGE., �C14CE If Pbrt". 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A Q F'' 1:�� •. TEMPORARY CONSTRUCTION EASEMENT F A TRACT OF LAND SITUATED IN THE JACOB WILCOX SURVEY, ABSTRACT No. 17430 715:.:StfTH CITY OF FORT WORTH, TARRANT COUNTY, TEXAS . . . AS RECORDED IN r'f 54 , v7 VOLUME R PAGE 530 OEED RECORDS OF TIiRRANT COUNTY, TEM �:..:.; .• - PROJECT: RISINGER ROAD FROM CROWLEY ROAD TO MCCART A NUE CITY PROD. No. 02239: = _ 'S ACLCS '-L4 .Q 4 URTIS S ITH 9PB`No-FTAIT"i4{13 00 '' DRAWN"M"JCC--"" —' CAD FILE-PART TCEPT2:DWG`:REGISTERED PROFESSK)NAL LAND SURVEYOR DATEz M&Y 4, 20.16_ lF Ja-;L E.1 DF. 3 .. $ 1" _,BD' 494 14 4694 GORRONDONA&ASSOCIATES; IkC: 7524-JACK NEWELL BOULEVARD SO FORT WORTH, TX. 76118 817-498-1 24 FAX 817-498-1768 EASEMENT AGREEMENT FOR: Risinger Road Crossing improvements (C&M Agreement) THIS EASEMENT AGREEMENT FOR RisingerRoaV Crossing improvements("Easement Agreement") is made and entered into as of the aa day of r" 2018('Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Gran or"), and CITY OF FORT WORTH, a political subdivision of the State of Texas("Grantee"). A. Grantor owns or controls certain real property situated at or near the vicinity of Fort~North,County of Tarrant, State of Texas, at Lime Segment 7500, Railroad Mile Post 336.24, Project # DOT 020467E, as described or depicted on Exhibit"A-1"attached hereto and made a part hereof(the"Premises") B. Grantor and Qrantee have entered into that certain Construction and Maintenance Agreement dated as of W nyP ry,, i- --r)l '`-1 concerning improvements on or near the Premises (the"C&M Agreement"). C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the Easement Purpose(as defined below). D. Grantor has agreed to grant Grantee such easement,subject to the terms and conditions set forth in this Easement and in the C&M Agreement incorporated herein as if fully set forth in this instrument which terms shall be in full force and effect for purposes of this Easement even if the C&M Agreement is,for whatever reason, no longer in effect. NOW,THEREFORE,for and in consideration of the foregoing recitals which are incorporated herein,the mutual promises contained herein,and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: Section 1 Granting of Easement. 1.1 Easement Puroose. The"Easement Purpose" shall be for the purposes set forth in the C&M Agreement. Any improvements to be constructed in connection with the Easement Purpose are referred to herein as"Improvements"and shall be constructed,located,configured and maintained by Grantee in strict accordance with the terms of this Easement Agreement and the C&M Agreement. 1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement("Easement"")over the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of whatsoever nature whether or not of record, if any, relating to the Premises and subject to all with all applicable federal, state and local Taws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders„ including Environmental Laws(defined below)and zoning laws(collectively,"Laws"),. Grantor may not make any alterations or improvements or perform any maintenance or repair activities within the Premises except in accordance with the terms and conditions of the C&M Agreement. 1.3 Reservations by Grantor. Grantor excepts and reserves the right,to be exercised by Grantor and any other parties who may obtain written permission or authority from Grantor: (a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any existing pipe, power, communication, cable, or utility lines and appurtenances and other facilities or structures of like character(collectively, "Lines") upon, over, under or across the Premises; Form 704CM; Rev.08/17/11 1 (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; and (c) to use the Premises in any manner as the Grantor in its sole discretion deems appropriate, provided Grantor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Grantee for the Easement Purpose. Section 2 Term of Easement. The term of the Permanent Easement, unless sooner terminated under provisions of this Easement Agreement,shall be perpetual. The term of the Temporary Easement, unless sooner terminated under provisions of this Easement Agreement, shall expire on the date that is one year after the Effective Date or completion of the project,whichever occurs first. Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has made no representation whatsoever to Grantee concerning the state or condition of the Premises,or any personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises. Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to entering into this Easement Agreement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE,THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES,OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee acknowledges that this Easement Agreement does not contain any implied warranties that Grantee or Grantee's Contractors(as hereinafter defined)can successfully construct or operate the Improvements. Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder. Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and falls,excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor,the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s)of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the Form 704CM;Rev. 08/17/19 2 owner's written approval priorto so affecting the Other Improvements. Grantee must mark all Other Improvements on the Plans and Specifications and mark such Other improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements(fiber optic,cable, communication or otherwise)may exist.The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises,said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and abate any and all hazard of fire. Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi- governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount prescribed by statute, and to pay any and all required transfer taxes,excise taxes and any and all fees incidental to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so,if Grantor shall become obligated to do so, Grantee shall be liable for all costs,expenses and judgments to or against Grantor, including all of Grantor's legal fees and expenses. Section 7 Environmental. 7.1 Comolia ce with Environmental Laws. Grantee shall strictly comply with all federal, state and local environmental Laws in its use of the Premises, including, but not limited to,the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the 061 Pollution Act, the Hazardous Materials Transportation Act,the Comprehensive Environmental Response,Compensation and Liability Act(CERCLA)and the Toxic Substances Control Act (collectively referred to as the "Environmental Laws"). Grantee shall not maintain a "treatment," "storage,""transfer" or"disposal"facility, or"underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the release of"hazardous waste"or"hazardous substances"-,as"hazardous waste"and"hazardous substances"may now or in the future be defined by any Environmental Laws. 7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource Operations Center at(800) 832-5452 of any release of hazardous substances on or from the Premises,violation of Environmental Laws,or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly respond to any release on or from the Premises. Grantee also shall give Grantor immediate notice of all measures undertaken on behalf of Grantee to investigate, remediate,respond to or otherwise cure such release or violation. 7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a release or violation of Environmental Laws which occurred or may occur during the term of this Easement Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to investigate,remediate, respond to or otherwise cure such release or violation affecting the Premises. if during the construction or subsequent maintenance of the Improvements, soils or other materials considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils. Determination of soils contamination and applicable disposal procedures thereof,will be made only by an agency having the capacity and authority to make such a determination. 7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or activities upon the Premises known to Grantee which create a risk of harm to persons,property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to Grantor's request for information regarding said conditions or activities. 7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof satisfactory to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with the above- stated obligations of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor Form 704CM;Rev. 08/17/11 3 may,at its option,terminate this Easement Agreement by serving five(5)days'notice of termination upon Grantee. Upon termination,Grantee shall remove the Improvements and restore the Premises as provided in Section 9. Section 8 Default and Termination. 8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors,fails to properly perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (i) seek specific performance of the unperformed obligations, or(ii) at Grantee's sole cost, may arrange for the performance of such work as Grantor deems necessary for the safety of its rail operations, activities and property,or to avoid or remove any interference with the activities or property of Grantor,or anyone or anything present on the rail corridor or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to perform any obligations of Grantee or Grantee's Contractors shall not after the liability allocation set forth in this Easement Agreement. 8.2 Abandonment. Grantor may,at its option,terminate this Easement Agreement by searing five(5) days' notice in writing upon Grantee if Grantee should abandon or cease to use the Premises for the Easement Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to terminate this Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any way affect Grantor's ability to enforce any section of this Easement Agreement. 8.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee from any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date the Premises are restored as required by Section 9. 8.4 Nonexclusive Remedies.The remedies set forth in this Section 8 shall be in addition to,and not in limitation of, any other remedies that Grantor may have under the C&M Agreement, at law or in equity. Section 9 Surrender of Premises. 9.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement, whether by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder,Grantee shall, at its sole cost and expense, immediately perform the following: (a) remove all or such portion of Grantee's improvements and all appurtenances thereto from the Premises, as Grantor directs at Grantor's sole discretion; (b) repair and restore any damage to the Premises arising from, growing out of, or connected with Grantee's use of the Premises; (c) remedy any unsafe conditions on the Premises created or aggravated by Grantee; and (d) leave the Premises in the condition which existed as of the Effective Date. 9.2 Limited License for Entry. If this Easement Agreement is terminated,Grantor may direct Grantee to undertake one or more of the actions set forth above, at Grantee's sole cost, in which case Grantee shall have a limited license to enter upon the Premises to the extent necessary to undertake the actions directed by Grantor. The terms of this limited license include all of Grantee's obligations under this Easement Agreement.Termination will not release Grantee from any liability or obligation under this Easement Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or,if later,the date when Grantee's Improvements are removed and the Premises are restored to the condition that existed as of the Effective Date. If Grantee fails to surrender the Premises to Grantor upon any termination of the Easement, all liabilities and obligations of Grantee hereunder shall continue in effect until the Premises are surrendered. Form 704CM;Rev. 08/17/11 4 Section 10 Edens. Grantee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done,suffered or permitted to be done by Grantee on the Premises or attributable to Taxes that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by Law to prevent the attachment of any such liens to any portion of the Premises; provided, however,that failure of Grantor to take any such action shall not relieve Grantee of any obligation or liability under this Section 10 or any other section of this Easement Agreement. Section 11 Tax Exchange. Grantor may assign its rights (but not its obligations) under this Easement Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in order for Grantor to effect an exchange under Section 1031 of the Internal Revenue Code. in such event, Grantor shall provide Grantee with a Notice of Assignment,attached as Exhibit C, and Grantee shall execute an acknowledgement of receipt of such notice. Section 12 Notices. Any notice required or permitted to be given hereunder by one party to the other shall be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement shall be delivered to the following address: BNSF Railway Company, Real Estate Department,2500 Lou Menk Drive, Ft. Worth,TX 76131,Attn: Permits, or such other address as Grantor may from time to time direct by notice to Grantee. Section 13 Recordation. It is understood and agreed that this Easement Agreement shall not be in recordable form and shall not be placed on public record and any such recording shall be a breach of this Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the form attached hereto as Exhibit"B-1"(the"Memorandum of Easement')subject to changes required,if any,to conform such form to local recording requirements.. The Memorandum of Easement shall be recorded in the real estate records in the county where the Premises are located. If a Memorandum of Easement is not executed by the parties and recorded as described above within 30 days of the Effective Date, Grantor shall have the right to terminate this Easement Agreement upon notice to Grantee. Section 14 Miscellaneous. 14.1 All questions concerning the interpretation or application of provisions of this Easement Agreement shall be decided according to the substantive Laws of the State of Texas without regard to conflicts of law provisions. 14.2 In the event that Grantee consists of two or more parties, all the covenants and agreements of Grantee herein contained shall be the joint and several covenants and agreements of such parties.This instrument and all of the terms,covenants and provisions hereof shall inure to the benefit of and be binding upon each of the parties hereto and their respective legal representatives,successors and assigns and shall run with and be binding upon the Premises. 14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement Agreement, the prevailing party or parties shall be entitled to reasonable attorneys'fees, costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. 144 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under present or future Laws,such provision will be fully severable and this Easement Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. in lieu of any illegal, invalid or unenforceable provision herein,there will be added automatically as a part of this Easement Agreement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal,valid and enforceable. 14.5 This Easement Agreement is the full and complete agreement between Grantor and Grantee with respect to all matters relating to Grantee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Grantee's use of the Premises as described herein.However,nothing herein Form 704GM,Rev. 08/17/11 6 is intended to terminate any surviving obligation of Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior written agreement between the parties. 14.6 Time is of the essence for the performance of this Easement Agreement. ADMINISTRATIVE FEE 15. Grantee acknowledges that a material consideration for this agreement, without which it would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return of this Agreement signed by Grantee to Grantor's Broker a processing fee in the amount of$2.000.00 over and above the agreed upon Acquisition Price. Said fee shall be made payable to BNSF Railway Company by a separate check. Witness the execution of this Easement Agreement as of the date first set forth above. GRANTOR: BNSF RAiUviiAY COMPANY, Delaware corporation By- Name: Title: Mark D. Ude Assistant Vice President Corporate Real Estate Development GRANTEE: City of Fort Worth, 200 Texas Street Name: S Title: Jessic Form 704CM;Rev.08/17/11 �.�►e+� ,P SjStant Cly A�wney 6 ........... � Page 1 of 8 i D218043253 31112018 7:40 AM PGS 8 Fee: $44.00 Submitter: XEROX COMMERCIAL SOLUTIONS Electronically Recorded by Tarrant County Clerk in Oficial Public Records ,tai dit,�.e J u� a1.�� Mary Louise Garcia i i i MEMORflNDUNt Q,E•WEMENT i THIS: MEMORANDUM OF EASEMENT Is. :hereby executed this c day of FEBRUARY, .2018, by. and between BNSF' RAILWAY COMPANY, a Delaware corporation ("Grairltor"), whose pcidress for purposes of this instrwment is 2500 Lou Monk Drive, Fort Worth, Texas:70.131, and City of Pbrt:-Worth, a munigipality corporstlon(`Grantee")., whose address for purpQses or this Instrument:Is 200'Texas $t,.,Fort Worth,Texas 78123 which.terms"Grantor" and "Grantee"shall Includey whorovsr the.cQntext permitspr•requires, singular or plural, and the'helrs., legal representatives,,successors snd atsftns oFthe respedtive parties: WITNESSETH: WHI!REAS, Grantor-owns or-controls certain real-property situated in Fort,Woft, Tarrant, :County;Texay.as described on Exhlbit."A;'`aftached heireto and Incorporated herein by reference, (the"Premises'); WHEREAS, Grantor and Grantee.entered Into an Easement.Agreement, dated of FEBRUARY,.2018 (the"Easement Agreement")which set forth, among other things,the terms of an easement granted by Grantor to Grantee over and across the Premises(the"Easoment");and WHEREAS, Grantor and grantee desire to memorialize-the terms- and conditlbns of the Easement Agreement of record. For valuable consideration the receipt and'sufficiency of which are hereby acknowledged, Grantor does-grant unto Grantee-and Grantee does hereby accept from Grantor the Easement over and across the Premises.. The-term-of the Easement, unless sooner terminated under provislons of the Easement Agreement,shall be perpetual. All 'the terms, conditions, provisions and covenants of the Easement Agreement are Incorporated. herein by this reference for ail'purposes as'though written out at length herein, and both.the:Easement Agreement and this Momorandurn of Easement shall be deemed to constitute a single instrument.or document. This.MIemorandum,of-Easement Is not Intended to amend, modify, supplamerit, or superAede any'of the provisions of the.Easement Agreement and, to the extent there may be any conflict.or Inconsistency between the Easement Agreement-or this Memorandum of Easement;the Easement.Agreement.shall control.. s I i Page 1 of.3 t Page 2 of 8 i I t IN WITNESS WHEREOF, Grantor and Grantee have exaouted thts Memorandum: of Easement to as.of the date and,year first above Written. i GRANTOR. i BKSP RAILWAY COMPANY, a Delaware. corporation i l i I By; I Nacre; Mark D� leder j Title;. AVP Corporate Beal Estate Development I STATE OF Ti=XAS § C.QUNTY OF TARRANT § Ttils lhsfrument WA.t acknowledged before,ire on the day of .. ,24'48, by Mark D.Ude(name)as AVP t✓orporate Real Estate Developimerit of BNSF RAILWAY COMPANY, a Delaware corporatlbn. :Notary P My appalntCnent:explres: ": I s�:`"CATt�Y7'BENTON N.AtAry t0�±593227 My Cammbe{oo£xplrom e,4 f#DIUIry.17,2049 i i ............ .......•.... ...... ........... .......__,w...........,.. .................,.....,.......... . 1 Page 3 of 8 I i GPANTEE; C&of Fort Worth age Texas street j t Name Title: r des;,alca 5anpang,AlPIOnt City meY S'KA'TE Or- COUNTY OF R-RAiSE— f : THis 1 ,84 OM was 'oknowledgad before me on the . day t " 201 y �# .. (na e}. . (title)of . Ep , a n a Public My appointment expires:._ MARIAUANCHEZ 1 oto Y Iryla#226645(1 Nt� 1?��. ;,,t�' Expires December�8,2629: li i Pap 3 of 3 i ....... .. ..... .. ........ Page 4 of 8 -I'SMM1C T NAM.RESMM1911.O. A. D. #AOM eA6VMZ1V WAD T- 6 MC-'CAkT AVEMM. 10 01TY)MOACT W.ATSITIGNA ROADI.V,OWr WOWrA:'M Being A tomporary constrilu6n.-easelnefit tft-Ukdd ift the K B. Digiidioif 861YOY, Abstradt N-16. 407,OY-ofTbA.Wor-T-1i1. AUM1.Coiiftp Tex'dis,sold tomp Q-t-gy p6#1wi.tiff' !L bwA, of 16ftd.ddedod-to the -$Ahta Vo "llway, Cwopalil' as -t6b.-adid iii Whiba4A,Ngb.-S34 bfTar�.4iit CbVW!y.t Tokm,-041d owt of 64d by Aurgopil, Ooffllouj Kil.o. -'sioltd1lb- 1-d-w4y Gatxil�a yr. eels(' tea tioiai;�. id a *11roAd. vike 1-6vind X-or-tbo.avost 0612. or of-A 20A.-AM orb trivol of maid(Wdeekl) deeded to M* Carkfkisiqw) LPj as reoordod-in N-_ aWf - 0016:Pilo Mo. P204).$.19.0 of tlie. (MROPI PuNip Rpoids pf-Te g. it 6000 lie? g MW(by deo(.0.-dw.4q4-A0-C`M-.-` A.,=-.0Prq"V-L y. ddasteeor " d*e'd-t'C'uun' aha 45. 4 eco , ty Clorles- File No. D210196934 of-.said*MOW! ftlilla Aftotdif of Taq-atit-County,Text%-qqJ0 raPioad-spike also being--the-.apparent soiM west-coni©r ofaidUailf, Cdlaiado and Santa Vo Railway Compaq-tract of•land rzqov.de4-in Piige-5. 34.,sfdd railroad -spike- also being- the- itppated -abit m- -a eotba of a. traot df lifid -deeded wi- OUR, -Q-Whadd did. Sanaa.rsd-Pdilfty as rdd6tde&in Voluiile 11, 9. ia-30.-oi gaid.-D-WRaordg Tataift-dckilfiv,totes,Aba'Wiii0h.it PX- moll foluid hr the dollar of-4.4,11 a 460-trabt. Oththd&&.ded-to-SUfhWed-Wtaltibpft' CaWafiw,,=A4 twaid%t ill 101ftity- I Ae Pilo, No. IAI.02-644,16,at said..-Offir-AlAl hbbl 'XbQJbfd4 of anent Coual%- Tokh$ .beoa.N-Orth '99. d6gi ur the -IM -of -W t ager lk6ad (a vArWe wift OEM P1( 6 ,-6 a4f�:41qq .bre u5 'tiro,'tiro, Vqt 4ne idoaid GAA PO(YaAo. ajj�j- ST ?j . G llie west litre -6fpq[x[ > Cojorqda and $anta lea'Railway Compaq#a!#-Qf load rev,.0Ydvd in V61utpe A,Pape.'534:and-with tb aE110.45.-,594 am.tT#d qf'1044,a.distance of 11,19,02 Feet to the POINT Or"BEGINNING of tiro hqrdewifb.ed teMporaq eonstraction easement, :said:point-being t1lo.-noralwo.st.corner of a piDpooed road easomeat.; THENCE, N*oi di 01 degrees Z -minutes 46. amada But,..with the vmf lino. of Md. Gulf; Colon4o and Satita Fe Railway CompailY.If-66t of Wid rhootdod ih Volu'Me Ri , Pale .53-4 and•wl*ifi&ediet U&6-f Wd 45,04 4t4 w4dt 4,('arid,a d1st4nUa 6P.1S94.10-Na to TEUENCE South 88 do4r6os.34.TMnufQs..14 seebads-Msy, 4-&%nao of 40.00'tedt to 0..pWnt for dmiloi; BXbilsit Ahp 1-off Page 6 of 8 THENCE.South 01 dogrces.'-25 winutes 46moQuOR West,9 tdgt#na of 984.59 bet to ap6lllt for the most-notflierly-northeast comer of a proposed street easement; THENCE North 88-dograw 34 minutes'14 aocoads Wost.with the Most dQrfhedy noelli'fine of said proposed street easement, a distance of- 40,00 feet to -the- POINT' OF RR GINN ING aud.walabing 35;38, square flet.or 0,812 4mvs 6 more.or 108H.. 'Notes: (1) Aplai---o.feveii-survoy.ditteaccoinpaoiestlifs.legal dsriltion. (2) 16W, mpftp alo.Ag-the proposed right-4-way Ane 4tv 4 5/8!' lr9n W With blue cap stainped"Gurotidonall set unl-Qss other-wise noted. (8) All boArInp and eyordin'ates -are i-*xeau.Qd-tp. tbo'Toxas. Coordinate Syptein, NAD-8.3',. The North CeiAral Zoge 4202: All distaiwes and areas drown are. surfake, Data: May 4;10-16 ............ A.404; Registered Profes6ionalland Surveyor Nb, 5.494 Tw(as Firin No. 101069'00 -Exlqbit A Page 2 of 1 ...._..................... .............. ......... ... ,.....,.. . f Page 6 of 8 ' EXHIPI T "B 9i PABORL No. 10 VVE PART ! MATCH LINE PACE 2 15MPORARY CONSTRUCTION ASEMgNT. AREA .........:,;.,ti.. I IN Ta 638 Si. O 0,812 OR rsyi}:v:i;;,S',..1 Ir :t 40 &14 AMES '(sy.Dgm)' Ia.Q.B:' � PSI CJp PRIM �PhOPERTY LLC _ e:c.F;f�P9211 0.1 O.P.k.T.C.T. PADRO9C•D AOAIS -� �-- FASEMENi 4y0 S AppRpES (pY:ppEE��D))� L�N UTAWr ST•ME AL THEA �t0 ROR 14ION, LOP CC.F. Nb: D�fT6Ah10 RAILROAD 5330, 01101R,T,� . t'AAINET-MP 33d,.x6� �^ i.FFROXIMATE LOCATION OF SVAVtV LINE - ' _ ________--(#AOG1l.'pEAftlN0) ^�'hPpNOXI}�•AYE:Lp'OAyy•yy I —A 0.c. N 69'36'49'E' bF SURYEYLINEFOUhIO RMLROAp .$ E — PK (Vh(L �L��WEST J.'IN.. ER• RUAD T R18-'.N ER 3AD (A VARIABLE 141DTH RIGHT^OF-WAY)... (A VARIABLE wIDiH RfOHT—..OF1YhY) , Filo. MASI�NNL --—J _— _�.. eo' ROAQ E iS1;MONY i $11R EXI�"RN13 PR(;$GRIP7IV,E 4ED1DA EO 1aTN e;us6 ROAD AREA AND 0911 T r!F TVS• �pG � 'C� NO, i'uv©bII,.CUME 1661 PAOE�271s PIiOPOOF�'•RrOAO PERPETUAL EAUMENT AND.AIOW-Gr WAY R,ROAD P ES GRANTED TO C,ULF, OOLORADD. & WA QONV It CORR R6 AtIdN OP AMERICA, ING FE RAILVIAY COMPANY VOLUME 7$47. PAQE'"I2 CURRENTLY WNEI1 BY' 6,28'ACRES (0(DEED) D:$,T.O;T; �.BURLINGTOO NOR[ CRNN k'SANTA� 22 1 RISINOERi.L,L.C, (60R OWNERSHIP) FE RMLRWAY COMPAW C.C.F. Na. 1y10r10k948d, p.P.,R.T.p.T. B'F.MAINOER OF VOLUME R PAGF =0 PAMELA L. ANDERSQN{7RUSTE'E•OF THE ZMA188 AQRES•(DY nFEA) D`R' 'C'r' ANDERSON MARITAL TRUST (6q;c OWNERsHlh) MCCARI'- ISINNOER L... I + V.DLUME 0031.. PARE 1040, D,R, .Q,T. C.O',F; NA 1)!�4'4331D83' fl FURTHER DESOCRP•R IBED IN I0e403925 : NOTE9a 1 A LEM'DESCRIPTION OF EVEN DATE WOMPM199 THIS PLAT, .6Q`. 3.0' 0 .60' 2 R O.W4 W.Mg. MONO THE•PROPOSED RIPM Q —WAY L1N0,AREA 5/v IRON ROD Wo" BLUE CAP STAMPED "GORRONDOW SET UNLESS OTHCRWISE_NOTED... . 3. ALL. BFARINGR AND COO DINATES ARE REFERENCED.TO.1HE TEISAS COORDINATE SYSTEM, NAD.-Ba, TrHE N)RIH Ot TRAL ZONE h2o2.•ALL OISTANOt�•:aS.ANG ARDS SHOWN ARE¢URFACE. SCALE IN FEET rt Worth. City of f 0 1000 THROCHMORTON orAEET f FPAT wORTH, vems,• 9510't EXHIBIT SHOWING T'MpURARY'O.0 STA. OT1QN. ZASEM�NT a« fi Irr A :,.:� , . T CT OF LANA IJ1, f�a: •� s EO IN.THE E, 1� RI>HMA�( SuRFY A RA. 407 . GGTT II�� 011Y 0'F FORT WORTH T�SDEOi CpUf1TS; TEKAS A� R�GQ DEb. . .. . .. .. VoLOME -R PAGE 634 C`" .9;4 4.. :• : ••; .:...... 6EEp RECORDS OF 7 RAANT COUNTY, TEXAS �BOJECT- RISINGER, ROAD FROM CROWLEYROAD LO MQg8fE AVENUE: O.J ACQUISITION AREA: 35,383' O38 ' . Ci;812 ACRES CURTI$ SMITH ��rqqt(i� JOB o. HALT DRAWN a JLG CAO:FlLE:, PAR10. Ep I. G Np01bg"DERED PR�FE$SiONALLID 0690b.DATE:' Y 20 8' G C SG LEt 1" ..DOHA.dc 30 IA ES, 1 :+ 824 AC NE19E p.RLEVARD:SO FORT ORTH,T?. 76110 817-4G8^1%12h F •9170 Page 7of8 EXHIBIT 9`B P.41W. >� No, f-0 lft PARTE MATCH 0K PAQ.F 3 ................. .. Of �99 ABRk'3(DY DEED t;i{ti`'r:�k�, I SOUI?IN[ >�T kiErAl tREATIF(a iS0 RATtbN, tkC VOWME II a ME 046. .45,894 AORUS f9Y QEED) TAPS.PRO D2101B 0�T34 Ll0 G:F. v::::':J:�:•. � 1 44 4:73ES�BY DE@D) i SUUI�Iwor to Al�. TAEA 0 CO1ta0R'1:TKfN..LUI C.C.E. No. b210044I0 I TEMPORARY. CONSTRUCTION EAREA OR- 35i0.012 !►GREs ';;.......... ifs: �Q• ':t ��zs" .t+ Ai'i,'lI,SfY +c;.... ..} SCALE IN SECT ................. MATCH LINE PAGE- 9 NOTESr I, A LZOAL DMORIFfIDN Or EVEN DATE A006M'AMO Mfg PLAT, 2: us, FiIARKERS AI,DNo Tb1t3 Onoposm RIOHf=9 —my LINO'ARE.A 51C IRON ROD WIfN j ©LPA,CIDP STAMPED "ODRRON00W. SET UNLES$ 01NERWE5E NOTED. 3. ��U .RGARINGS AND CUDRDINATER.ARE RfEitENCFD TO TWE TETSAS OOORDINATE$Y$TEM, NA(T 83 THE NORTH CENTRAL ZONE 4209. ALL DISTANOM AND ARM'SHOWN ARt? �URFAOE. j "1 't t y Of Fort Worth rth 1000 THROCKMORTON STREET` r FORT WORTH, TEXAS 701.02 EXH OIr SNOWING' n � .... TEMPORARY CONSTRUCTION :EASEMENT,'„;. , ouT OFA TRACT OF LAND' 3RUA7E�pp IN T}{ Mi'„�v,.•.-a.ei.ny:iu: E. 8; DI.SpMAN. SUR.. yi ASiTRAOT Nod 407 au,.:C1S. St<i4E+ Ot1Y OF FORT' WORTH TARRANT COUNTY, TEXAS AR Tt C00 IN VOLUME R .P E 53.4 DEED RECORDS OF TARRANT COUNTY. TE)M -. p Q;IEO ; R109' U 0RQLLQC.BOAD JO ,MCOAla AVENUE11 0,2239 OQU 35'3B U RE FEET 0 0.8E 2 CR 5 GU iS• M T..,. ...,.. J09 No. TiAI'F.14d d D @ LO CAD F7EEt pklilOTt1EPT1.bWO REQFS7ER D RROf-tft AI tJ1NT� SuAvt o A s MA 4 4 f 0 Fil PAGE.2 ( G l” 0 ! N0. O 8009 CORRONDO AQSOQlATES, IN04 24 JACK N ELLQ LM,RD.SOUTH PORT WORTO, T&7011: , 0I7-+49,0--142,h FAX 131.1-4&O-1 80 .. .� .,... . ..........-........ Page 8 of...8 ...... ............. ............. . .._........... ....... ...._... _. EXHIBIT *'_B PARCEL No. tO TCR ,PARTI 3 BW34'14t: s v� `.. ' ! TMPOF7ARY GvNSTR CTICN EASEMENT AR 38,383 S%Fr, OR 0,812 I'D arr .r � Dll d AA0.400 45,50A0RES�j�`! t EKO). �; dit: ;r%;�. Zi CJO'01TIPt PRbPERT1', � d.C,lr. Har !01 OT! P.P.R.T.O.T. f'N4 GfdIR 28A AG K a�Ea90U1E1WE'St �,1ETJ1L T CQR<�tfAmm. Lu you 1lWE 846 �.' MATCH LINE PAGE:: 2 hOTLS: 1 A LEGAL DESORItrUON of EV9: WE AnCQMPA140*4 PLAT, 2. R.O.W. MARKERS ALONG THE PROPUSED RIOHT OF=WAY LINF-AREA 0" IRON ROD on BLUE CAP'STAMPED "GORRONDOW SET'UNLfie9 01HERWI6E NOTED. i 3, ALL BEARINGS AND COORDINATES ARE REFERENOED TO THC TEXAS COORDINATE &YSTEM, NAD-03, 7HP'NO TH.UNTRAL ZONE 4202+ ALL WTANDP AND WAS SHOWN ARE; SURFACE, City -of Fort Wormi 1000•THROOKMORTON STREW • FORT WORTH, MAS 78102 EXHIBIT'SHOWING A : TEMPORARY CONSTHLI( ION EASEMENT 0I� 'WA i1 fRAOT .�E .LAND r? ' z '• '` . 5ffUA�O'IN THE" E. 8. DI3•IMAN .SURVEY, ABSTRAET'.Na; 407 C. OJT( OF FO T WORTH, TARRANT COUNTY; TEXAS bl+! 9(r•A\4fAM7P)Illf>SY.' H+b AS RECORDE.O IN s?+ , " .-�i.+�f4. VOLUME R PAQE .534 DEED RECORDS OF T�IdRANT COUNTY, TEXAS -rROJECT: RISING52 R!26D 'FROM CROWLU ROAD LO..MGMT AVE UE G 7Y P p I.. No. 02239 .77: .. C U; 3 383 a E QB 0.817 AORKS CURTI$•SMITH D 0 BY. LO CAD FILER Aft141TCKPTI�.DWO REQfSTE11E(T F'f�4fE5SfONAL LAfyD SURYE QR DATEl MAYA ROM U IRIT 0 PAGE 3 F 's A 1010 GORRONODNA AS CIA , INC, 750 .AC( NM4L 9OIJIXVMDl:sOUTH FORT WO�M. TX, 701.16- W.B.117— -1424 AX 7-40.0-1708' "~"AC' 7471;.74 EXHIBIT "C" FORM: PP 102 (Revised 09/0312013) CONTRACTOR REQUIREMENTS 1.01 General: • 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway"where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of roadway approaches, curbing, and sidewalks for Risinger Road (DOT No. 020467E) crossing located at railroad milepost 336.24 on Railway's Fort Worth Subdivision, Line Segment 7500 in Fort Worth, Texas in Tarrant County. • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-1" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit"C-1". Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh. USA, 214-303-8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. * 1.01 A4 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor(or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor(or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property,facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or(iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. in the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or(iii)the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction worn on the Project, Railway agrees to immediately notify the following individual in writing: 1 B/VSF" M",(War Name: Leon Wilson, Jr.' P.E. Title: Senior Professional Engineer Agency: City of Fort Worth Address: Transportation and Public Works Dept Address: 1000 Throckmorton Street Address: Fort Worth. Texas 76102 Phone: 817-392-8883 E-mail: Leon.WilsonC&-fortworthtexas.gov 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor must notify City of Fort Worth (Leon Wilson) at Office#817-392- 8883 and Railway's Manager Public Projects, Office#817-352-2902 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file: 020467E. • 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current"BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current "BNSF-UPRR Guidelines for Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's 2 .B/VSF" 0.4.1d WAY tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Contractor Safety Orientation • 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.bnsfcontractor.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. • 1.03.02 The Contractor must notify the Railway's Division Engineer Ronnie Anderson at Office # 817-352-2907 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. • 1.03.03 The:Contractor must abide by the following temporary clearances during construction: • 16-0" Horizontally from centerline of nearest track ■ 21'-6" Vertically above top of rail ■ 2T-0" Vertically above top of rail for electric wires carrying less than 750 volts ■ 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts • 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts ■ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts 3 B/VS.F" nwi�wwr • 1.03.04 Upon completion of construction, the following clearances shall be maintained. ■ 25' Horizontally from centerline of nearest track ■ 23' 6" Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the City of Fort Worth.Texas and must not be undertaken until approved in writing by the Railway, and until the City of Fort Worth, Texas has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell-tales or other protective devices Railway deems necessary for protectionof Railway operations. The cost of tell-tales or protective devices will be borne by the Agency. • 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by City of Fort Worth. Texas for approval before wont is undertaken and this work must not be undertaken until approved by the Railway. • 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement"from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor.The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the expense of the Contractor. 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at 1-800- 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. • 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan: 4 -741.t;;4 Y • 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.bnsfcontractor.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. • 1.04.02 Contractor shall have a background investigation performed on all of its employees, subcontractors and agents who will be performing any services for Railroad under this Agreement which are determined by Railroad in its sole discretion a) to be on Railroad's property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical Information Systems, Railroad's Employees, Hazardous Materials on Railroad's property or is being transported by or otherwise in the custody of Railroad, or Freight in Transit involving Railroad. The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at www.e-raiisafe.com, in addition to any other applicable regulatory requirements. Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railroad's designee. Contractor shall be subject to periodic audit to ensure compliance. Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e- RAILSAFE Program standards. Railroad shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railroad's operations, assets or personnel. Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization. 5 B/V.SF- I►A/LWAY 1.05 Railway Flagger Services: • 1.05.01 The Contractor must give Railway's Roadmaster Rodney Adams at Office# 817-224- 7009 or Mobile #402-416-9927 and e-mail: Rodney.Adams(c-BNSF.com a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the dagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. * 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions; 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. * 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. * 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. • 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. • 1.05.03 Flagging services will be performed by qualified Railway flaggers. 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. 6 S/VSF"" wwitwwr 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. • 1.05.03c The cost of flagger services provided by the Railway will be borne by CONTRACTOR. The estimated cost for one (1) flagger is approximately between $800.00-$1,600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. • 1.05.03d The average train traffic on this route is 38 freight trains per 24-hour period at a timetable speed 55 MPH and 2 passenger trains at a timetable speed of 55 MPH. 1.06 Contractor General Safety Requirements • 1.06.01 Waris in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. • 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). • 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3)the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. 7 B/VSF" "An WAY • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. • 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. • 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.bnsfcontractor.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above-the-ankle lace-up and a defined heel; and d) high visibility retro-reflective work wear. The Railway's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi-visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE—Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.) • 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0"TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE. • 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, 8 B/VSF" 741AWAY they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) • 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage.Any work performed over water must meet all Federal, State and Local regulations. • 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below- 15 feet; 200 to 350 KV-20 feet; 350 to 500 KV-25 feet; 500 to 750 KV-35 feet; and 750 to 1000 KV-45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation: • 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Properly could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact: BNSF's Road_master (Rodney Adams) at Office#817-224-7009 and BNSF's Signal Supervisor (Bryon Sparks) at Office# 817-224-7043. All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. • 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. • 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. • 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded 9 I�/VSF" nwitwwr and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting: • 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting • 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non-Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. 10 B/V�sF' w.vswwr "~M A#= RAAZWAY NDN-EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident/incident,highway rail grade crossing accident or automobile accident.ensure that appropriate information is obtained,forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: F] Passenger an train Q ❑ Non-employee (N) &0e MW of,#Wt1W 17hWd W mon BA+SfAW XVffk d is VekClfWcrc>At IWA4VCgW.ny yfi&4k) Contractor/safety sensitive (F) F—] Contractor/non-safety sensitive (G) Volunteer/safety sensitive (H) R Volunteer/other nan-safety sensitive (1) Non-trespasser (0)- to include highway users involved in highway rail grade crossing accidents who did not go around or through gates F' Trespasser (E)-to include highway users involved in highway rail grade crossing accidents who went around or through gates 0 Nan-trespasser(d}-Off railroad property If train involved.Train 10: Transmit attached information to Accident/Incident Reporting Center by: Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to Accident-Repardno.Center@BNSF.cam AND COPY TO;ROADMASTER FAX 817.2247023&RAILWAY MANAGER PUBLIC PROJECTS FAX 817-352-2912 Officer Providing Information: (Name) (Employee .) (Phone ) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C.20903 AND 83 U.S.C.490 1.1 B~.9wJ=, .rw.swwr NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANTTO FEDERAL REGULATION.A SHOULD BE USED FDR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND 6IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILFTY. I.Accident City/St: 2 Date: Time: County: 3.Temperature: 4. Weather. (if non BNSF location) Mile Post/Line Segment 5.Driver's License No(and state)or other 10: SSN(raqulred): B.Name Oast first mi): 7.Address: City: St: Lip: B.Date of Birth: and/or Age: Candor. (if available) Shone Number. Employer 9.Injury: 10.Body Part: (it,Laceration,etc.) (i.e"Hand etc.) It Desciption of Accident au include location,actiom result,etc.): 12.Treatment ® First Aid Only Required Medical Treatment Other Medical Treatment I&Or,Name: Date: 14.Dr.Address: Street City: St Zip. 15_Hospital Name: 16.Hospital Address Street, City: St Ilp: 17.Diagnosis: 12 REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C.20.903 AND 83 U.S.C.490 B~"A'=' IFAI' 7 EXHIBIT "C-1" FORM: PP 103 (Revised 0910312013) Right of Entry Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR Railway File: 020467E Agency Project: Construction of Risinger Road crossing at BNSF Railway (hereinafter called "Contractor"), has entered into an agreement (hereinafter called "Agreement") dated , with the City of Fort Worth,Texas for the performance of certain work in connection with the following project: construction of roadway approaches, curbing, and sidewalks for Risinger Road (DOT No. 020467E) crossing located at railroad milepost 336.24 on Railway's Fort Worth Subdivision, Line Segment 7500 in Fort Worth, Texas in Tarrant County. Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of way and property (hereinafter called "Railway Property"). The Agreement provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for the City of Fort Worth, Texas (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Agreement, has agreed and does hereby agree with Railway as follows: 1) RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys'fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, I B/VSF .�r THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS,SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT,WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway,and will, at Railway's discretion,appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor,and Contractor, at Railway's discretion, must defend,adjust,or settle such suits and protect, indemnify, and save harmless Railway from and against all damages,judgments,decrees,attorney's fees, costs,and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY'S ACTS OF NEGLIGENCE. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. 2 3 B/iVS.F" AA/L WAY No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least$1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway • Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability insurance including coverage for but not limited to: ♦ Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law the insurance must cover all employees anyway. ♦ Employers' Liability(Part B) with limits of at least$500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least$2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. 4 A3r~j F, ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of"Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate(if available)in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above)shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Contractor is not allowed to self-insure without the prior written consent of Railway. If granted by Railway, any self-insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self-insured retention or other financial responsibility for claims. Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s)of insurance from an authorized representative evidencing the required coverage(s),endorsements, and amendments. The certificate should be directed to the following address: BNSF Railway Company c%o. CertFocus 5 B/VSF' nritwwr P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSFCa-certfocus.com www.certfocus.com Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A-and Class VII or better and authorized to do business in the state(s) in which the service is to be provided. If coverage is purchased on a °claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)lbroker(s),who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle but not require, Railwayto terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder, The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of 6 B/V.S.F" ww."twwr this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway shall mean "Burlington Northern Santa Fe LLC', "BNSF Railway Company' and the subsidiaries, successors, assigns and affiliates of each. 4) SALES AND OTHER TAXES In the event applicable sales taxes of a state or political subdivision of a state of the United States are levied or assessed in connection with and directly related to any amounts invoiced by Contractor to Railway ("Sales Taxes'), Railway shall be responsible for paying only the Sales Taxes that Contractor separately states on the invoice or other billing documents provided to Railway;provided, however that(i) nothing herein shall preclude Railway from claiming whatever Sales Tax exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise, consumption, services and other taxes which may accrue on all services, materials, equipment, supplies or fixtures that Contractor and its subcontractors use or consume in the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) that Contractor fails to separately state on the invoice or other billing documents provided to Railway or fails to collect at the time of payment by Railway of invoiced amounts (except where Railway claims a Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for each state in which Contractor delivers goods, provides services or, if applicable, transfers intangible rights to Railway. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together with any penalties, fines or interest thereon) that Contractor is responsible to pay under this Agreement have been paid. If a written claim is made against Contractor for Sales Taxes with respect to which Railway may be liable for under this Agreement, Contractor shall promptly notify Railway of such claim and provide Railway copies of all correspondence received from the taxing 7 B/VSF' ►A/LM'AY authority. Railway shall have the right to contest, protest, or claim a refund, in Railway's own name, any Sales Taxes paid by Railway to Contractor or for which Railway might otherwise be responsible for under this Agreement; provided, however, that if Railway is not permitted by law to contest any such Sales Tax in its own name, Contractor shall, if requested by Railway at Railway's sole cost and expense, contest in Contractor's own name the validity, applicability or amount of such Sales Tax and allow Railway to control and conduct such contest. Railway retains the right to withhold from payments made under this Agreement amounts required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties assessed against Railway with respect to withholding taxes that Railway does not withhold from payments to Contractor. 5) EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Agreement, and the Contractor Requirements set forth on Exhibit"C" attached to the Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement (www.bnsf.com/communities/fans/permits-real-estate/), for any temporary crossing requested to aid in the construction of this Project, if approved by BNSF. 6) TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants)for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. 8 A3r~s,F* WA/9;;7r For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. The rate then in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of train delay pursuant to this agreement. Contractor and its subcontractors must give Railway's Roadmaster Rodney Adams at Office#817-224-7009 or Mobile#402-416-9927 and email: Rodney.Adams(a")_BNSF.com four(4)weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. 9 13/VSF" RA/LWAY IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized officer the day and year first above written. BNSF Railway Company Contractor By: By: Printed Name: Name: Timothy J. Huya Manager Public Projects Title: Accepted and effective this day of , Address: City: State: Zip: Fax: Office: Contact Person: Mobile: E-mail: 10 MAINTAIN PROPRIETARY CON IDENTIALITY rr"•" EXHIBIT D-Signal Cost Estimate BNSF RAILWAY COMPANY Risinger Road-DOT No.020467E FHPM ESTIMATE FOR Revised on 9/14/2016 CITY OF FT WORTH LOCATION NORTH CROWLEY DETAILS OF ESTIMATE PLAN ITEM 000277927 VERSION 3 PURPOSE,JUSTIFICATION AND DESCRIPTION RIS[NGER ROAD-FORT WORTH,TX,REPLACE CONSTANT WARNING/FLASHERS GATES;RED RIVER DIV;FT WORTH SUBDIv;LS 7500, MP 336.34,DOT#0204671;SEQ#63694. MONTHLY POWER UTILITY COST CENTER 61698. THE MATERIAL LIST BELOW REFLECTS TYPICAL.REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY THIS ESTIMATE IS GOOD FOR 90 DAYS.THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR,MATERIAL,AND OVERHEAD. CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD rrr•srsrrrr••srss•rss•rr..rrr..SIGNAL WORK ONLY sw.rr.s srrrr.rrrr.sr•.rrr•rr•• THE CITY OF FT WORTH IS FUNDING I W1.OF THIS PROJECT. MAINTAIN PROPRIETARY CONFIDENTIALITY PRIMARY FUNDING SOURCE IS FHWA '•BUY AMERICA(N)APPLIES rr DESCRIPTION QUA\7rrY UR't COST TOTALS rrrrer•r•• LABOR rrsrssrrrr SIGNAL FIELD LABOR-CAP 1000.0 MH 30,831 SIGNAL SHOP LABOR-CAP 96A MH 3,236 PAYROLL ASSOCIATED COSTS 22,374 DA OVERHEADS 33,081 EQUIPMENT EXPENSES 9,176 INSURANCE EXPENSES 5,719 TOTAL LABOR COST 104,417 104,417 rssswsrs•r•s MATERIAL ••»ps••rr•• ARRESTOR,MRSA-2 XS 1.0 F.A.N 750 BATTERY,10 VOL.255,18 VGL-350 1.0 LS N 7,954 BELLS 2.0 EA N 392 BUNGALOW 8X8 W,AC lA IS N 10,00 BUNGALOW MATERIAL 10 LS N 7,476 CABLE,206 TW 5000 FT N 570 CABLE,3C12 500.0 FT N 2,720 CABLE,5C/IO 200.0 FT N 364 CABLE.5C.16 800.0 FT N 3,120 CABLE,7014 800,0 FT N 1,336 CHARGERS,I VW(20/40/60) 3.0 EA N 2,170 CONSTANT WARNING.XP4,1TK 1.0 EA N 17,305 COUPLER,TIC 20 EA N 1,866 ELECTRICAL MATERIAL 1.0 EA N 1.500 EVENT RECORDER 1.0 FA N 3,560 FIELD MATERIAL 1.0 LS N 7,372 FILL DIRT 50.0 CY N 1.2" FILTER,TRACK 2.0 EA N 512 FOUNDATION,STEEL 4.0 EA N 2,916 GATE KEEPER 4.0 EA N 7,452 GATE MECHANISM,S-60 4.0 EA N 24,064 HAWK.48 DIM 1.0 EA N 1,425 LED LIGHT 16.0 EA N 3,216 LED LIGHT GATE KIT 4.0 EA N 744 LIGHT OUT DETECTOR 20 EA N 2,046 SHUNT,NBS 20 EA N 2,232 SURFACE ROCK 30.0 CY N 1,50 Page 1 of 2 TELLULAR DEVICE,RTU 1.0 EA N 3,052 USE TAX 9,973 OFFLINE TRANSPORTATION 1,483 TOTAL MATERIAL COST 130,320 130,320 aasrrr+pa OTHER ras+r+s+r AC POWER SERVICE 1.0 EA N 10,000 CONTRACT ENGINEERING 1.0 IS N $000 DIRECTIONAL BORING 200.0 FT N 10,000 TOTAL OTHER ITEMS COST 28,000 28,000 PROJECT SUBTOTAL 37,737 CONTINGENCIES 26,273 BILL PREPARATION FEE 2,891 GROSS PROJECT COST 291,901 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 291,901 Pape 2 of 2 •a... MAINTAIN PROPRIETARY CONFIDENTIALITY a"•« EXHIBIT D-Concrete Crossing Cost Estimate BNSF RAILWAY COMPANY Risinger Road- DOT No. 020467E FHPM ESTIMATE FOR Revised on 9/14/2016 CITY OF FORT WORTH LOCATION NORTH CROWLEY DETAILS OF ESTIMATE PLAN ITEM 228311000 VERSION I PURPOSE,JUSTIFICATION AND DESCRIPTION PIP TX DIV FT WORTH SUB LS 7500 MP 336 34-DOTAI 020467E-100!4 BILLABLE TO CITY OF FORT WORTH,TX BNSF TO INSTALL ONE NEW 120-FT CONCRETE CROSSING SURFACE ON RISINGER ROAD,DOT NO,020467E AS PART OF ROAD WIDENING PROJECT TN FORT WORTH,TX ON IS 7540,MP 336.34 ON FORT WORTH SUBDMSION,TEXAS DIVISION. CITY OF FORT WORTH TO PROVIDE ASPHALT(AS NEEDED)UNDER THE CROSSING AND ON THE ROADWAY APPROACHES.CITY OF FORT WORTH TO PROVIDE TRAFFIC CONTROL FOR TEMPORARY FULL WIDTH CROSSING CLOSURE. CITY OF FORT WORTH,TEXAS IS FUNDING 1001/6 OF PROJECT COST_ PRIMARY FUNDING SOURCE IS FHWA ••BUY AMERICA(N)APPLIES DESCRIPTION QUANTITY U:M COST TOTALS LABOR .......... PLACE FIELD WELDS-CAP 1200 ME 3,624 REMOVE TRACK 3LIS MH 888 REPLACE PUBLIC CROSSING-TOTAL REHAB 120.0 MH 3,418 UNLOAD CROSSING MATERIAL-PUBLIC-CAP 60.0 MH 1,709 PAYROLL ASSOCIATED COSTS 6,329 DA OVERHEADS 7,126 EQUIPMENT EXPENSES 5,372 INSURANCE EXPENSES 1,616 TOTAL LABOR COST 30,082 30082 MATERIAL sarrrur..rr. TRACK PANEL,136 STANDARD RAIL,80 FT-10 FT TIES- 2.0 EA •• 23,214 RAII.,TR.ANSN,BE,40FT-136-lA WORN 132 4,6 EA X 5,124 SPIKE,THR SCREW 3!4"X13".FBOAD XING 270.a EA "" 608 WELDKIT,GENERIC FOR ALL RAI.WEIGHTS 15.0 KT"• 1,018 CONC 1.4608-SEC WITH FILLER FOR la WOOD TIES 120.0 FT'• 14,140 CONCRETE ICING RAMP AND P.ANF-L RESTRAINT, 1.0 ST'" 310 MATERIAL HANDLING 1,468 ON-LINE TRANSPORTATION I USE TALK 4,046 OFFLINE TRANSPORTATION 555 TOTAL MATERIAL COST 56,484 56,484 .......... OTHER a......aaa TOTAL OTHER ITEMS COST 0 0 PROJECTSUBTOTAL 96,566 CONTINGENCIES 8,108 BILL PREPARATION FEE 947 GROSS PROJECT COST 95,621 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 45,621 M&C Review Page 1 of 2 official site of the City of Fort Wo",Texas CITY COUNCIL AGENDA ft�zp COUNCIL ACTION: Approved on 912612017 REFERENCE20BNSF RAILROAD DATE: 9/26/2017 NO.: **C-28396 LOG NAME: CROSSING AGREEMENT RIS[NGER ROAD CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Railroad Crossing Agreement with Burlington Northern Sante Fe Railway Company in an Amount Not to Exceed$600,000.00 for a New Quiet Zone Crossing for Risinger Road (2014 BOND PROGRAM) (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Railroad Crossing Agreement with Burlington Northern Sante Fe Railway Company in an amount not to exceed $600,000.00 for a new Quiet Zone crossing for Risinger Road(CO2239). DISCUSSION: The 2014 Bond Program included Risinger Road as an improvement project from McCart Boulevard to Crowley Road (FM 731). A part of the overall improvements planned for this roadway is to provide improvements to the existing rail line crossing from two lanes to a four lane crossing. These improvements will allow the crossing to be converted to a quiet zone after the construction project is completed. Plans have been provided to Burlington Northern Sante Fe Railway Company (BNSF) and an Agreement in an amount not to exceed$600,000.00 is required for new railroad signals and a wider crossing on BNSF property. This agreement will be funded through the 2014 Bond Program. Available resources within the General Fund will be used to provide interim financing for these expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official intent to reimburse. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, funds wall be available in the current capital budget as appropriated, of the 2014 Bond Program Fund. Prior to an expenditure being incurred, the participating department has the responsibility to validate the availability of funds. TO Fund I Department Account Project I Program- I Aefivity BudgetJ, Reference# ount ID ID Year (Chartfield,21 FROM 7- -Account-1 PrOfeal–Nogra—m I Activity Budget Reference -I Amount Fund Department 0 1 1 ID ID Year I (Chartfleld 21 httn://anns.cfwnet.ora/counci1 nacket/mc review.asn?TT)=25102&coiincildat.e=9/26/2017 10/512017 M&C Review Page 2 of 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Leon Wilson (8883) ATTACHMENTS 020467E - BNSF-signed TEXAS FORM 1295 for Risinger Road.pdf Map.pdf httD://aons.chmet.or0council uacket/mc review.asn?ID=25102&councildate=9/26/2017 10/5/2017 CERTIFICATE OF INTERESTED PARTIES FORM 1295 k of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 12017-253587 BNSF Railway Company Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that Is a party to the contract for which the form Is 08/23(2017 being filed. City of Fort Worth Date Acknowled ed: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provirle it description of the services,goods,or other property to be provided under the contract. City Project No.02239 Risinger Road, DOT No.020467E,BNSF Railway,Railroad Milepost 336.24,Road-widening project i Nature of interest i 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary I I t P t i k i 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. G r I +�►a�4e�o TINA M.OBERMUIER I NOtaryPubYa STATE OF TEXAS Signature of auth t o ontracting ess entity 'i or My Comm.Exp.JWy 18,2016 AFF X O A Sworn to and subscribed before me,by the said Ju4f -�e L �.. this the y day of (!q.4„ / # 20 l 7 ,to certify which,witness my hand and seal of office. c ,Li 14L, G� 2yYt,(.� � -rI CA ,V1 abrI e 4'14r ° Signature of officer administering oath Printed name of officer administering oath Title of officer allministering cath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 j l i