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HomeMy WebLinkAboutContract 45548 (2)NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. AFTER RECORDING RETURN TO: City of Fort Worth Transportation & Public Works Department Right -of -Way and Easements Division 900 Monroe Street, Suite 400 Fort Worth, Texas 76102 STATE OF TEXAS § COUNTY OF TARRANT § Tarrant County CSJ 0902-48-697 City Project Number 00144 White Settlement Road, Fort Worth, Texas Overpass DOT TBA Proposed RRMP No. 4.60 Public Grade Crossing Closure DOT 672 929T Existing RRMP No. 4.60 CITY OF FORT WORTH OFFICIAL RECORD' Y SECRETARY rs HIGHWAY OVERPASS AGREEMENT �_ AND PUBLIC GRADE CROSSING CLOSURE AGREEMENT (White Settlement Road) INORTHIf TX THIS AGREEMENT, made and entered into on the date hereinafter shown as being fully executed, by and between the City of Fort Worth , a Texas home -rule municipal corporation (the "City") and the Fort Worth & Western Railroad Company, a corporation ("Railroad") each acting by and through its official contracting executives. WITNESSETH WHEREAS, the Railroad owns certain tracks and property in Fort Worth, Tarrant County, Texas depicted in Exhibit A attached hereto and made a part hereof (and described thereon as the Overhead License Premises and the Temporary Construction/Maintenance Premises) and City, proposes to construct at White Settlement Road an aerial highway -rail overpass structure, DOT No. TBA, RRMP 4.60 over (i) the portion of such property at DOT No. 672 929T, Railroad Milepost (RRMP) 4.60 described in Exhibit B attached hereto and made a part hereof and (ii) a future bypass channel as a part of the Trinity River Vision project, all as RECEIVED APR 3 01014 hereinafter provided. The structure is shown on and more particularly described in Exhibit C attached hereto and made part hereof (the "Plans") and the PS&E (defined below). The "Project" consists of the structure (the "Overhead Structure") together with any related work described in the Plans and the PS&E; and WHEREAS, the final set of plans, speccations and estimates (the "PS(XE") has been approved by the Railroad and is incorporated by reference into this Agreement and the approved cover sheet of the PS&E is attached hereto as Exhibit D and is made a part hereof; and WHEREAS, the term "Work" as used in this Agreement shall mean the construction and performance of the Project as described in the Plans and PS&E; and WHEREAS, the City approved version of the Railroad Contractor's Right -of -Entry Agreement is attached hereto and made a part hereof as Exhibit E (the "Temporary Right of Entry Agreement"); and WHEREAS, the City intends to engage the Texas Department of Transportation ("TxDOT") to cause construction of the Overhead Structure, on the City's behalf; and TXDOT has approved the form of the Temporary Right of Entry Agreement; and WHEREAS, the Railroad will perform a portion of the Work as set forth in this Agreement, and the approved Railroad force account cost estimate for such Work is attached hereto and made a part hereof as Exhibit F (the "Force Account Cost Estimate"); and WHEREAS, the Work will require closing the existing grade crossing to public travel, DOT 672 929T, RRMP 4.60, where active warning devices are employed; therefore, in accordance with the Title 23 CFR subchapter G, Part 646, Subpart B, and except as provided in the next succeeding "Whereas," the Railroad would be required to financially participate in the cost of the Project; and, WHEREAS, on September 25, 2012, TxDot on behalf of the State of Texas and the City entered into a separate Advance Funding Agreement, attached hereto as Exhibit G and made a part hereof, as amended by Exhibit H attached hereto and made part hereof, providing the Local Government funding match, which exceeds the required federal contribution of twenty percent (20%) by more than twenty-five (25%) of the total cost of the Project, and thereby includes and satisfies the five percent (5%) federal funding cost participation requirement from the Railroad under this Agreement; and, WHEREAS, all Work to be performed and all materials to be provided shall be at City's expense unless specifically identified herein. AGREEMENT NOW THEREFORE, in consideration of the premises and of mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047\N50487.DOCX 2 Of 20 Article 1. Agreement Period Upon execution by all parties, this Agreement will be in effect and continue thereafter for so long as the Premises (defined below) shall be used by the City for the limited purposes set forth herein, provided, however, if the City shall abandon the use of the Premises, or any part thereof, for such purposes, this license and permission and the rights and privileges granted hereby as to the portion or portions so abandoned shall expire and terminate at the time each such portion shall be so abandoned; whereupon the Railroad shall have the same complete title to the Premises so abandoned as though these presents had never been executed and the right to enter thereon and exclude therefrom the City, its successors, and assigns. Article 2. License &Permission a. The Railroad hereby gives to the City, without, and hereby excluding, all express or implied warranties, including, but not limited to, all warranties that might arise by common law, (i) a roadway overhead structure license ("Overhead License"), (ii) a temporary construction license ("Temporary Construction License") and (iii) a temporary maintenance license ("Temporary Maintenance License") all as more particularly described in sub -articles (i), (ii), (iii), and (iv) below, for the construction, maintenance, and use of the Overhead Structure over the Property. (i) Overhead License: The Overhead License given herein shall be an aerial license located over and across the Railroad's property, red cross- hatched area as depicted in Exhibit A as attached hereto and legally described on Exhibit B attached hereto within the envelope commencing at the bottom of the Overhead Structure as described on Exhibit C attached hereto and ending at the point five (5) feet above the top of any appurtenances located upon the Overhead Structure (the "Overhead License Premises"), solely for the construction, use, operation, inspection, maintenance, repair, and removal of the Overhead Structure and associated appurtenances and facilities customarily used by the City in the operation of its roadway projects. The Overhead Structure to be constructed by the City pursuant to this Agreement shall be used exclusively by the City and its successors, assigns, permittees and licensees for roadway purposes and such other uses that (i) are customarily made of aerial roadway rights -of -way, including, but not limited to, utility, pipeline, or communication purposes or the granting of such rights to third parties in and to the Overhead Structure and (ii) in no material respect increase the burden on Railroad's property of the rights herein given. Railroad agrees that use of the Overhead Structure by the public for the purposes described in this sub -article (i) will not violate this Agreement. For the avoidance of doubt, the Overhead License will not be construed as giving, and does not give, any rights in or to Railroad's property outside of or not included in the Overhead License Premises, including without limitation the surface or subsurface of Railroad's property beneath the Overhead License Premises. Temporary Construction/Maintenance Premises: The "Temporary Construction/Maintenance Premises" is legally described and depicted as the green cross -hatched area in Exhibit A attached hereto. Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047\N50487.DOCX 3 of 20 i) Temporary Construction License: The Temporary Construction License given herein shall be a temporary license over and across the Temporary Construction/Maintenance Premises solely for the performance of the Work. The City's rights in and to the Temporary Construction License shall commence on the date designated by the City in a written notice to the Railroad, which in any event shall be on or before 90 days after the City enters into a contract with Contractor (as defined below) to construct the Overhead Structure, as the date on which it shall commence pre -construction activities related to the construction of the Overhead Structure in the Temporary Construction/Maintenance Premises (the "Commencement Date"), and extend for a period (the "Construction License Term") ending on the earlier of (i) three (3) years from Commencement Date, or (ii) the completion of the Project, whereupon the Temporary Construction License shall automatically terminate and revert to Railroad, free and clear of any right in the City, provided, however, that if the City has made significant progress on and is diligently pursuing completion of the Project at the expiration of the Construction License Term and the City is not then in default under this Agreement, the Temporary Construction License will not terminate and the Construction License Term will be extended for so long as the City diligently pursues completion of the Work, but in no case more than five (5) years from Commencement Date. (iv) Maintenance License: The Maintenance License granted herein shall be a license upon, over and across the Temporary Construction/Maintenance Premises, ending at the point five (5) feet above the top of any appurtenances located upon the Overhead Structure, solely for the intermittent inspection, maintenance, repair, and removal of the Overhead Structure after the expiration of the Construction License Term (the "Maintenance Work"). The City's rights to use and occupy the Temporary Construction/Maintenance Premises in connection with the Maintenance License shall extend only for such period of time as is necessary for the City to perform the Maintenance Work. Upon termination of the Overhead License, the Maintenance License shall automatically terminate and revert to Railroad, free and clear of any right in the City. The Overhead License, Temporary Construction License, and Maintenance License are sometimes referred to herein together as the "Licenses". The Overhead License Premises and the Temporary Construction/Maintenance Premises are sometimes referred to herein together as the "Premises". b. The Licenses are also subordinate to those restrictions, covenants, conditions, reservations, easements, licenses, utility rights and purchase options of whatever nature relating to the Premises and all zoning laws, regulations, statutes, restrictions, ordinances of municipal and/or other governmental authorities, but only to the extent they are in effect and enforceable against the Premises. In addition, Railroad shall have the right to renew, amend, modify and extend any instrument or agreement with respect to any restrictions, covenants, conditions, reservations, easements, licenses, utility rights and purchase options except to the extent resulting in additional interference with the City's rights under this Agreement, including the safe and efficient use of the Overhead Structure as provided for Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047\N50487.DOCX 4 of 20 herein. Notwithstanding anything in the forgoing to the contrary, nothing contained herein shall restrict Railroad's rights to add additional rail lines on, and utility facilities under, the Property. Further, the City accepts the Premises "AS -IS AND WITH ALL FAULTS", Railroad making no warranties as to fitness for the purpose for which the City intends to use the Premises. The Licenses are also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad's property, and others). c. The parties agree that the Railroad may use the legal description of the Premises to file a memorandum of license to record the City's utilization of Railroad right-of-way as shown on the Plans. d. The license and permission given is subject to the rights of utility companies to maintain and operate facilities on, over and under the Premises, and the City will make its own arrangements with the utility companies for any necessary relocation or alteration of said facilities. e. It is agreed that should the Overhead License Premises or any portion thereof cease to be used for public road purposes after the completion of construction of the Overhead Structure, the Overhead License, as to the portion so abandoned, shall immediately cease and terminate. f. The Licenses are subject to the continuing right and obligation of Railroad to use its property in the performance of its duties as a railroad and common carrier, and Railroad's reservation to itself of the right to use and to grant to others the right to use Railroad's property above, underneath and adjacent to the Premises to construct, reconstruct, upgrade, place, replace, remove, inspect, maintain, repair, alter, renew, improve, and operate pipelines (and related installations and systems), utility lines (and related installations and systems), tracks, railroad facilities (and related installations and systems), and communication lines (and related installations and systems) above, below and on the surface of its property, and such other uses that Railroad deems appropriate, provided, however, that no such right, obligation, reservation, use or grant by Railroad or any person or entity holding rights by, though, or under Railroad will be made that materially interferes with, or prevents the City from the exercise of the rights provided the City under this Agreement, or that interferes with the safe and efficient use of the Overhead Structure for its intended purposes. Railroad operates a trans -loading facility upon and across its property (including the north -south haul road located upon the east side of its tracks) and tracks located north of White Settlement Road, a portion of which is located in the Premises. The trans -loading facility is currently accessed from White Settlement Road. During the Construction License Term, the City will provide, at its sole cost and expense, if any, access to such trans -load facility over adjacent property by one or both of the routes identified on Pages 26-28 of Exhibit C. The Work shall at no time interfere with the continuous use and operation of such property and tracks, including, but not limited to, access as provided in Exhibit C. Article 3. Scope of Work a. The Railroad and the City each agree to perform their respective portion of the Work as set forth in this Article 3. b. The City and/or its or TxDOT's contractor ("Contractor") will utilize the existing roadway -rail grade crossing surface, including the existing active warning devices, as a temporary haul road during the duration of the Construction License Term as shown in the Plans. Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047\N50487.DOCX 5 of 20 c. The City and/or its Contractor shall construct the Overhead Structure and perform all other Work not specifically required to be performed by the Railroad or the Railroad's contractor in this Agreement, all in accordance with the Plans and the PS&E. d. Upon completion of the Overhead Structure, the existing highway at -grade rail crossing shall be closed to public travel whereupon the City's rights in and to such at -grade crossing shall terminate and such property shall be free and clear of any rights of the City, except as otherwise provided in this Agreement. The Railroad shall remove the existing instrument case, crossing signal warning devices, and other signal appurtenances in accordance with the Plans and the PS&E, and the City will reimburse the Railroad for the allowable costs thereof in accordance with Article 6. The City and/or its Contractor shall remove the existing pavement at the center signal islands and signal foundations at the center islands, furnish and install asphalt pavement to match the grade of the existing crossing surface, and furnish and install a locking access gate and cable fence in accordance with the Plans and the PS&E. e. Flagging. (i) In order to provide for the safety of rail traffic, the Railroad shall provide, at City's expense, flaggers during the Temporary Construction Term and during the term of the Maintenance License. The City or its Contractor shall notify the Railroad a minimum of thirty (30) days in advance whenever it is about to perform Work adjacent to any track to enable the Railroad to furnish flagging and such other protective services as might be necessary to ensure safety of railroad operations. No Work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored, within twenty-five (25) feet of any of Railroad's track at any time, for any reason, unless and until a railroad flagman is provided to watch for trains. Upon receipt of such notice, Railroad's Chief Project Engineer or other representative of Railroad will determine and inform the City whether any other special protective or safety measures need to be implemented. These items must be approved by the City and shown in the estimate. The Railroad shall have the right to furnish all such flagging or protective services that have been approved by the City and shown in the Force Account Cost Estimate as in its judgment are necessary and the City will reimburse the Railroad for the allowable cost thereof in accordance with Article 6. It is anticipated that during the Construction License Term no flagging will be required for the Work when the construction platform identified in the Plans is constructed, in place and properly functioning in accordance with its design. Upon completion of construction of the platform, the City will give notice to Railroad and no later than five (5) business days thereafter Railroad shall inspect the platform. Thereafter, it is anticipated that no flagging will be required in accordance with this Article 3(e) Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\004TN50487.DOCX 6 of 20 during the period the platform is constructed and in place, provided the platform performs as depicted in the Plans, and the construction activities are compliant with safety requirements and regulations of the Federal Railroad Administration ("FRA" ). Notwithstanding anything in this sub -section (ii) to the contrary FRA safety requirements and regulations, including but not limited to those pertaining to flagging, shall always be observed and the cost thereof borne by the City or its Contractor. Article 4. Plans, Estimates, Construction, and Maintenance. a. Subject to the terms of Article 6 hereof, the City shall bear the cost and expense incurred in connection with the construction, maintenance, and repair, as well as any and all modification, revision, or removal, of the Overhead Structure, including any and all reasonably necessary expenses incurred by the Railroad in connection therewith for consultants, engineers, surveyors, construction managers and the like that the Railroad reasonably retains in connection with the supervision, management and administration of the City's Work and, in addition thereto, charges, expenses and stipulated reimbursements of the Railroad associated with maintaining operations during the Work related to the Overhead Structure as provided for elsewhere in this Agreement and identified in the Force Account Cost Estimate, including, but not limited to, third party on -site inspection, flagging, review of plans, or similar tasks or otherwise, and with respect to the rights for future access provided for in Article 2a(iv) or elsewhere in this Agreement. b. No material changes to the PS&E that affect the portion of the Project located within the Premises and that impact the operations of the Railroad shall be made without the written approval of such changes by the City and the Railroad; upon written approval of such changes, the term "PS&E" as used in this Agreement shall mean the approved revised PS&E. The Overhead Structure shall be designed, constructed, operated, maintained, repaired, renewed, and/or modified by the City to comply in all material respects (unless strict compliance is required) with (i) Railroad's standards and specifications set forth in the BNSF-Union Pacific Guidelines for Railroad Grade Separation Projects dated 12-24-07, a copy of which has been provided to the City, to the extent same does not conflict with any of the terms contained or addressed in this Agreement or the Construction Coordination Plans, (ii) American Railway Engineering and Maintenance -of -Way Association ("AREMA") standards and guidelines, (iii) all applicable Laws, regulations and ordinances and (iv) the Construction Coordination Plans, to the extent that any of the standards referenced in clauses (i) through (iii) are applicable to the construction, operation, or maintenance of the Overhead Structure. c. The City and/or its Contractor shall furnish material for and perform the Work to be done by it hereunder in accordance with the PS&E. The City and/or the City's Contractor shall construct the Project across the Property as shown on the Plans and in accordance with the PS&E and shall maintain or arrange for the maintenance of these facilities except for those provided for in Article 4.h. below. d. The Railroad and/or its Contractor, unless otherwise provided, shall make such changes or alterations in the tracks, communication, .and signal pole and wire lines, pipe sewer and drainage, or other facilities or buildings located upon the Railroad's right-of-way including the Property, which may be displaced or required by the construction of the Project, as may be necessary to maintain continuous service and conform them to said construction and restore them to former condition for service either prior to, during, or following construction of Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047\N50487.DOCX 7 of 20 said Work. The Railroad has prepared cost estimates, and has been approved by the City, for the adjustment of such facilities. Flagging and engineering in the Force Account Cost Estimate have been included. Only Work shown in the Force Account Cost Estimate will be reimbursed. e. The Railroad shall commence the Work to be done by it herein within thirty (30) days or by a date mutually acceptable by the City and the Railroad, after receipt of written notice from the City that the Work may proceed (any such notice, a "Work Order") and shall proceed diligently to the conclusion of its obligations herein. The Railroad shall not commence Work until receipt of a Work Order. Assembly of materials should be made sufficiently in advance of the Work to assure prompt delivery to the jobsite. f. Following the issuance of a Work Order, it will be necessary for the Railroad to contact the City a minimum of seven (7) days prior to the actual commencement of Work in order that City forces may provide inspection during the necessary Work. g. Following the completion of the Project, for future Maintenance Work, the Railroad, under terms of Article 2(a)(iv) of this Agreement, gives the City and/or its Contractor permission to enter the Property to perform routine maintenance and/or emergency work as required. The City's Contractor shall provide the usual insurance coverages as contained in Article 5 of this Agreement and be required to execute the Temporary Right of Entry Agreement before commencing any Maintenance Work on the Property. h. The City and/or its Contractor assumes the entire responsibility for the construction, maintenance, and use of the Overhead Structure upon the Railroad's property at the location herein described to the extent required by law, and nothing contained herein shall ever be construed to place upon the Railroad any manner of liability for injury to or death of persons, or for damage to or loss of property arising from or in any manner connected with the construction, maintenance, or use of the portion of said Overhead Structure located upon the Railroad's property. i. Prior to any entry onto the Premises or any other property of the Railroad with its consent, any Contractor of the City shall (i) be provided with a copy of this Agreement, (ii) execute and deliver to the Railroad the Temporary Right of Entry Agreement, (iii) furnish the Railroad with the required certificate(s) of insurance, and (iv) agree in writing to comply with all of the terms, conditions and requirements set forth in this Agreement relating to the Work to be performed. The City shall be fully responsible for the acts of all of its agents and employees while on the Premises or any other property of the Railroad while undertaking any Work under this Agreement, and any breach of any terms of this Agreement by the City's independent Contractors and subcontractors and both their respective employees and agents (of any tier) will constitute a breach of the City's obligations hereunder. j. In the prosecution of any Work covered by this Agreement, the City or its Contractor shall secure any and all necessary permits and shall comply with all laws, regulations, and ordinances applicable to or affecting the Work including, without limitation, all applicable FRA regulations. k. Except in the case of an emergency as set forth in sub -article m. below, prior to the commencement of any Work in connection with the construction, maintenance, repair, modification, or removal of the Overhead Structure where it passes over the roadbed and track or tracks of Railroad, the City shall submit to Railroad plans setting out the method and manner of handling the Work, including the shoring and cribbing, if any, required to protect Railroad's Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\004TN50487.DOCX 8 of 20 operations (the "Construction Coordination Plans"), and the City shall not proceed with the Work until such plans have been approved by Railroad's Chief Project Engineer ("Chief Project Engineer"), or his/her authorized representative, and then the Work shall be done to the reasonable satisfaction of the Chief Project Engineer or his authorized representative in accordance with the Construction Coordination Plans. Railroad shall have the right, if it so elects, to provide such support (whether in the form of personnel, engineers, subcontractors and/or materials) as Railroad may deem reasonably necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, or removal, of the Overhead Structure, and, in the event Railroad provides such support, the City shall pay to the Railroad, in accordance with the Prompt Payment Act, all third -party charges and eligible and necessary expenses incurred by the Railroad in connection therewith. If practicable, an estimate of expenses will be prepared and approved prior to commencing Work related to such support. The Railroad and the City shall meet weekly during the Construction License Term while Work on the Overhead Structure is ongoing in order to coordinate the City's activities in the Premises. I. If an emergency should arise requiring immediate attention, the City shall provide as much notice as practicable to the Railroad before commencing any Work upon or affecting the Railroad's property. In all other situations the City shall notify the Railroad not later than the preceding week's Coordination Meeting (or such other lesser time as Railroad may allow) in advance of the commencement of any Work upon property of Railroad in connection with the construction, maintenance, repair, modification, or removal of the Overhead Structure. The City will coordinate its initial and any subsequent Work with Railroad's Chief Project Engineer or his or her duly authorized representative as follows: Robert Fuller Chief Engineer Fort Worth & Western Railroad Company Hodge Yard Office 2495 E. Long Avenue Fort Worth, Texas, 76106 (817) 222-9798 Ext. 102 Cell: 817-821-2342 Fax (817) 222-1409 m. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the Work performed by City or its Contractor. City shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work. City and its Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit I, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of City's safety responsibilities, City shall notify Railroad if it determines that any of Railroad's safety standards are contrary to good safety practices. City and its Contractor shall furnish copies of Exhibit I to each of its employees before they enter the job site. Article 5. Insurance and Right -Of -Entry Requirements a. The City shall require the City's Contractor to provide the insurance coverages as contained in the Temporary Right of Entry Agreement. The City's Contractor shall execute the Temporary Right of Entry Agreement (without any changes) and deliver same to Railroad before commencing any Work on the Premises. Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047\N50487.DOCX 9 of 20 b. For future Maintenance Work, the City's Contractor shall provide the insurance coverages set forth in the Temporary Right of Entry Agreement (revised only to reflect the Then -Current Coverages) before commencing any Maintenance Work on the Premises. c. The City is self -insured for any Work performed by the City with its own employees. To the extent allowed under state law, the City is responsible to the Railroad to cover bodily injury and property damage claims which may occur in the course of operations. In addition, no employee of the City shall go on or about any portion of the Premises to perform any Work other than the roadway surface of Overhead Structure after its completion. Article 6. Payment a. No payment, except for any preliminary engineering costs in Article 6 (c) and where written Authority To Order material may have been issued prior to the Work Order resulting in some material and material handling costs, will be due the Railroad unless a Work Order is issued by the City. b. Reimbursement to the Railroad will be made for Work performed and materials furnished, including but not limited to insurance premiums and coverage, at the rate and amount set forth in the Force Account Cost Estimate, in accordance with the provisions of Title 23, Code of Federal Regulations (CFR), Subchapter B, Part 140, Subpart I, issued by the Federal Highway Administration, and amendments thereto except as modified by the provisions herein. Work performed and materials furnished by the Railroad will be reimbursed by the City based on actual costs incurred by the Railroad as they relate to the development of the Project and approved in the Force Account Cost Estimate. If the Railroad's actual costs exceed the corresponding amounts shown on the Force Account Cost Estimate, the City may withhold payment until the Railroad has submitted a revised force account cost estimate to the City and the City has approved the revised force account cost estimate. Upon such approval by the City, the parties shall amend this Agreement to substitute the revised force account cost estimate for the previous Force Account Cost Estimate in Exhibit G. c. The Railroad's cost of preliminary engineering shall be eligible for reimbursement. d. The Railroad may submit monthly bills prepared in satisfactory form for flagging work performed, materials installed (when applicable) and other costs and expenses identified on the Force Account Cost Estimate. Payment will be made in accordance with the Prompt Payment Act, Chapter 2251 of the Texas Government Code. e. The Railroad will submit a complete and final bill, including all eligible costs, when the Project is completed, and the City will pay to the Railroad the costs detailed on the bill. The City shall make payment in accordance with the Prompt Payment Act. f. Notwithstanding anything contained in this Agreement to the contrary, all payment obligations under this Agreement are contingent upon the availability of appropriated funds. g. Any additional work beyond what is authorized by this Agreement and any Project costs which are not eligible for reimbursement in accordance with this Article 6 will be at the expense of the Railroad. Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047\N50487.DOCX 10 of 20 Article 7. Notice of Default, Termination a. If the City or Railroad determines that the other party has failed to comply with this Agreement, it shall give written notice of the default to the other party (for purposes of this sub -article, the "Notified Party"). If the Notified Party does not cure the default within thirty (30) days of delivery of the notice, or if the default cannot reasonably be corrected within 30 days, if the Notified Party does not commence a cure within 30 days of the delivery of the notice and diligently pursue such cure to completion, the Notified Party shall be in default. If the Railroad is in default, the City shall have the right to seek any remedy allowed at law or equity against the Railroad. Remedies shall be cumulative. If the City is in default, the Railroad shall have the right to seek any remedy allowed at law or equity against the City, including termination of this Agreement, provided however that the City has not and does not waive its governmental immunity, and no provision of this Agreement shall be construed to be a waiver of the City's governmental immunity. This provision shall survive termination of this Agreement. b. The City reserves the right to cancel this Agreement for any reason and at any time prior to the issuance of a Work Order by the City to the Railroad to proceed with any part of the Work outlined herein. The City will not be responsible for any expense incident to any cost incurred in the event of the cancellation of this contract, unless a Work Order was issued by the City and the Railroad incurred expenses pursuant to that Work Order, except for any preliminary engineering costs in Article 6 (c) and where written Authority To Order material may have been issued prior to the Work Order resulting in some material and material handling costs. In the event the City terminates this Agreement, any materials ordered by the Railroad upon receipt of the Authority to Order may be re -allocated to other City -approved projects upon consultation with the City. In the event of any default in the performance of any covenant or agreement herein contained which causes or results in Railroad's reasonable judgment, an unsafe condition, Railroad may, but is not obligated to, immediately take such action on behalf of the City, at the City's cost, in order to address such interruption and in order to reestablish service. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. c. The City acknowledges that in the event that the City or its Contractor (i) interferes with the constant, continuous and uninterrupted use of the present or future tracks, roadbed, facility and property of Railroad as provided for in Article 24 hereof, or (ii) defaults in the performance of any covenant or agreement contained herein on the part of the City or its Contractor which causes or results, in Railroad's reasonable judgment, an unsafe condition, the Railroad would be irreparably and immediately harmed for which no adequate remedy at law exists. Accordingly, it is agreed that, in addition to any other remedy to which it may be entitled at law or in equity, the Railroad shall be entitled to an injunction or injunctions (without the posting of any bond and without proof of actual damages) to prevent breaches of this Agreement and/or to compel specific performance of this Agreement, and that the City will not oppose the granting of such relief. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Article 8. Records &Audits a. The City and the Railroad shall maintain books, documents, papers, accounting records, and other evidence pertaining to costs incurred and Work performed Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047\N50487.DOCX 11 of 20 hereunder and shall make such materials available at their offices during the contract period and for three (3) years from the date of final payment. The records shall be made available to representatives from the City, State of Texas or U. S. Department of Transportation, including the Office of Inspector General, for the purpose of making audits, inspections, transcriptions, or excerpts. b. The State of Texas or City Auditor may conduct an audit or investigation of any entity receiving funds from the City directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State of Texas or City Auditor to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the State of Texas or City Auditor with access to any information the State of Texas or City Auditor reasonably considers relevant to the investigation or audit. Article 9. Prior -Existing Agreements and Rights Terminated It is agreed that, effective upon the City's completion of the Overhead Structure under this Agreement, all prior -existing agreements and rights between the Railroad and the City concerning permission, permits, leases, licenses or easements at this location (DOT No. 672 )29T, Railroad Milepost (RRMP) 4.60) for the existing at -grade crossing shall (i) terminate, (ii) be of no further force and effect, and (iii) be superseded by this Agreement. Article 10. Protection of Fiber Optic Cable System Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. The City and/or its Contractor shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Standard Time, Monday through Friday, except holidays) at (800) 861-3657 (also a 24-hour, seven-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the City. If it is, the City and/or its Contractor will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any Work on the Railroad's premises. Article 11. Limited Access The City hereby agrees that during the construction of the proposed improvements it will keep its employees, material, and machinery within the defined area of the Premises unless otherwise specified on the Plans. There shall be no crossings of the Railroad's tracks except at existing, open, and public crossings. Article 12. Transfer The parties hereto shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the other party(ies), and it is agreed that any transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the non -transferring party(ies), shall terminate this Agreement. Article 13. Notification Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047\N50487.DOCX 10 of 20 The City agrees to notify the Railroad in writing when all Work on the Railroad's property is complete. Article 14. Responsible For Its Own Actions The parties hereto acknowledge that they are not an agent, servant, or employee of the other parties, and are responsible for their own acts and deeds and for those of its agents and employees during performance of contract work. Article 15. Conditions a. In accordance with the provisions of Title 23, Code of Federal Regulations (CFR), Subchapter G, Part 646, Subpart B, issued by the Federal Highway Administration, and amendments thereto, the Railroad will be required to participate five percent (5%) in the cost of the highway overpass portion of the Project. The Railroad's five percent (5%) cost participation cost estimate for the theoretical structure is identified in Exhibit F. Railroad cost participation is determined by taking five percent (5%) of the costs for preliminary engineering, right-of-way and construction of the grade separation structure and approaches needed to eliminate the grade crossing. Where another facility, such as a highway or waterway, requiring a bridge structure is located within the limits of the grade separation Project, the estimated cost of a theoretical structure and approaches to eliminate the railroad -highway grade crossing without considering the presence of the waterway or other highway will be used. The Railroad's five percent (5%) cost participation under the Project is being waived due to the Local Government's required federal contribution of twenty percent (20%) exceeds twenty-five percent (25%) of the total cost of the Project. b. The City may be reimbursed for its expenditures hereunder from Federal funds for this Project. Therefore, the City and the Railroad will comply with statutes, rules, and regulations enacted and promulgated by the United States Government and its Federal Highway Administration. Article 16. Compliance with Laws The parties shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Railroad shall furnish the City and the City shall furnish the Railroad with satisfactory proof of this compliance. Nothing herein is meant to be or will be interpreted to be a waiver of principles of legal preemption or preclusion that may apply to the Railroad because of its status as a common carrier regulated by the Federal government. Article 17. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project, if and to the extent required by the authorization for any Federal -aid highway funds applied to the Agreement. Highway Overpass/Public Grade Crossing Closure (White Settlement) 1:\03704\0047\N50487.DOCX 13 Of 20 Article its. Disadvantaged Business Enterprise (DBE) Program Requirements The Railroad maintains that it does not qualify as a recipient or sub -recipient under this Agreement of Federal -aid highway funds authorized under Titles I (other than Part B) and V of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Pub. L. 105-Stat. 1914, or Titles I, 111, and V of the Transportation Equity Act for the 21 st Century (TEA-21), Pub. L. 105- 178, 112 Stat. 107 (collectively "FHWA Funds") and that this Agreement does not qualify as a Federal -aid construction contract. If and to the extent required by the authorization for any Federal -aid highway funds applied to this Agreement, upon prior written notice, the Railroad agrees: a. The City and the Railroad shall set an appropriate DBE goal pursuant to 49 CFR Part 26 for this Agreement consistent with the City's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Railroad shall have final decision -making authority regarding the DBE goal and shall be responsible for documenting its actions. The City and the Railroad agree that the appropriate DBE goal for this contract is zero percent (0%). b. The Railroad shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of any applicable DBE program or the requirements of 49 CFR Part 26 related to this Agreement. The Railroad shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT -assisted contracts related to this Agreement. c. Each contract the Railroad signs with a contractor under this Agreement (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. Article 19. Civil Rights Compliance If and to the extent required by the authorization for any Federal -aid highway funds applied to this Agreement, the Railroad shall comply with the regulations of the United States Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). Article 20. Debarment Certification If and to the extent required by the authorization for any Federal -aid highway funds applied to this Agreement, the parties agree not to make any award at any tier to any party that they know, or have reason to believe, is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Railroad certifies to the best of its knowledge and belief that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and that it will not do business with any party that is known to the Railroad to be currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047\N50487.DOCX 14 of 20 Programs under Executive Order 12549. The parties to this Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by the City to furnish a copy of the certification. Article 21. Lobbying Certification If and to the extent required by the authorization for any Federal -aid highway funds applied to this Agreement, the parties agree that, in executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties of this Agreement to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Railroad shall complete and submit the Federal Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. c. The parties shall require that the language of this certification shall be included in all lower tier subcontracts, which exceed $100,000, and all such sub -recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Article 22. Federal Funding Accountability and Transparency Act Requirements If and to the extent required by the authorization for any Federal -aid highway funds applied to this agreement, the Railroad agrees: a. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.gpo.gov/2010/pdf/2010-22706, pdf. b. The Railroad agrees that it shall: Obtain and provide to the City a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR website whose address is: ttps://www.bpn.gov/ccr/default.aspx, Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047\N50487.DOCX 15 of 20 ii. Obtain and provide to the City a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on-line registration website http://fedgov.dnb.com/wobform; and iii. Report the total compensation and names of its top five (5) executives to the City if: 1. More than eighty percent (80%) of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000 annually; and 2. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. c. The City acknowledges that the FFATA provisions of this Article may have no operative effect on the Railroad based on the Railroad's representation that it does not receive eighty percent (80%) or more of its annual gross revenues from federal procurement contracts and subcontracts. Article 23. Environmental Matters a. The City shall strictly comply with all applicable federal, state and local environmental laws and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act (HMTA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (collectively, as amended, referred to as the "Environmental Laws"). The City shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws, on the Premises. The City shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws, on or about the Premises. b. Upon obtaining knowledge thereof, a party to this Agreement shall give immediate notice to the other (with notice to Railroad to be made to Railroad's Operations Center at (817) 737-2550) of any release of hazardous substances requiring corrective action under applicable laws ("Release") on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to the Premises. Railroad or the City, as the case may be, shall use recognized best practices under the circumstances to promptly respond to any Release on or from the Premises by such party causing or otherwise responsible for the Release or its contractors. Any such party also shall give the other immediate notice of all measures undertaken to investigate, remediate, respond to or otherwise cure such release or violation. c. In the event that one party has notice from the other or otherwise of a Release or violation of Environmental Laws arising in any way with respect to the Premises which occurred or may occur during the term of this Agreement, the party causing or otherwise responsible for the Release or violation of Environmental Laws may be required by the other party, at the responsible party's sole risk and expense, to take timely measures to investigate, Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047\N50487.DOCX 16 Of 20 remediate, respond to or otherwise cure such Release or violation affecting the Premises or Railroad's property. d. Upon obtaining knowledge thereof, a party shall promptly report to the other party in writing any conditions or activities upon the Premises or Railroad's property which create a substantial risk of harm to persons, property or the environment and the party causing or otherwise responsible for the conditions or activities shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that a party's reporting to the other party shall not relieve the reporting party of any obligation whatsoever imposed on it by this Agreement. Each party shall promptly respond to a request by the other party for information regarding said conditions or activities. Article 24. Interference in Railroad Operations; Interference in City's Work a. The City shall, at its sole cost and subject to all Laws, exercise its rights hereunder with respect to the Overhead Structure in such a manner (including, but not by way of limitation, with respect to design, maintenance, materials and construction) that it will not at any time be a source of danger to, or interfere with, the constant, continuous and uninterrupted use of the present or future tracks, roadbed, facility and property of Railroad. The City 's activities hereunder are to be carried out in the manner as provided in this Agreement. b. Except as provided in this Agreement, no vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by the City or its Contractors without the prior written permission of Railroad. c. The City shall coordinate its activities in accordance with this Agreement with those of Railroad and third parties so as to avoid interference with railroad operations. d. Except as may. be specifically authorized by the Contractor's purchase of continuous work windows, and other rights expressly provided Contractor under the Temporary Right of Entry Agreement, during the Construction License Term: (i) the reasonable operations of the Railroad and work performed by Railroad's personnel and contractors in the ordinary course of its business and in accordance with general railroad practices and standards may cause delays in the work to be performed by the City; and (ii) the City accepts this risk and agrees that Railroad shall have no liability to the City or any other person or entity for any such delays. Article 25. Protection of Railroad's Property During Construction At all times during the City's exercise of any right under this Agreement with respect to construction of the Overhead Structure, the City or its Contractors shall keep the property of the Railroad in a neat and safe condition and shall keep the tracks and related facilities clear of obstructions. Explosives or other highly flammable substances or any dangerous materials regulated pursuant to federal, state or local laws will not be stored on the property that is the subject of this Agreement, unless the storage, use, and disposal thereof comply with all Laws, subject to the approval of Railroad in writing, not to be unreasonably withheld and such reasonable conditions as may be required by Railroad. Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047�N50487.DOCX 17 of 20 Article 26. Restoration of the Premises / Railroad Improvements Following any activities by the City or its Contractors on the Premises, the City or its Contractor shall remove any debris and restore any damage to the surface of the Premises resulting from the City's or its Contractor's activities as nearly as reasonably practicable to the same condition that existed prior to the initiation of such activities, except as otherwise provided in this Agreement or subsequently agreed to by the parties. The City shall be responsible to Railroad for any damage or destruction to Railroad's property or improvements which is due to or arises from the activities of the City or its Contractors. The City shall maintain the Overhead Facilities at all times during the term of this Agreement, at its sole cost and expense, in good and structurally sound working order and in such a manner as to not cause damage to, or interference with, Railroad's property in the vicinity of the Premises. The City or its Contractors shall also take such steps as are necessary to prevent damage to Railroad's property by soil erosion and drainage resulting from the City's or its Contractor's activities. Notwithstanding Railroad's approval of the PS&E, the City represents that the Overhead Structure has been designed, and shall be constructed and maintained, in a manner so as not to cause damage to Railroad's property or any adjoining property due to structural failure, upheaval, settlement, drainage, soil erosion or similar circumstances. The City agrees to be responsible for, and promptly repair, at its sole cost and expense, any such damage caused by structural failure, upheaval, settlement, drainage, soil erosion or similar circumstances due to its activities hereunder. Article 27. Damages Caused by City City agrees to pay Railroad for all future damages to facilities or property owned by Railroad caused by City or its agents, servants, employees, contractors or subcontractors in performing construction, maintenance or other related activities with respect to the Overhead License, Article 28. Damages Caused by Railroad Railroad agrees to pay City for all future damages to facilities or property owned by City caused by Railroad or its agents, servants, employees, contractors or subcontractors in connection with its ownership and use of the Property. Article 29. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held inapplicable, invalid, illegal, or unenforceable in any respect, that inapplicability, invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the inapplicable, invalid, illegal, or unenforceable provision. Article 30. Texas Public Information Act The Railroad is required to make any information created or exchanged with the City pursuant to this Agreement, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the City. Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047\N50487.DOCX 18 Of 20 Article 31. Signatory Warranty Each signatory warrants that the signatory has the necessary authority to execute this Agreement on behalf of the entity represented. Article 32. Notices For the purposes of this Agreement, all notices, correspondence, billings, and other documentation shall be mailed to the following addresses: For the City of Fort Worth, Texas For the Fort Worth &Western Railroad City Manager President and CEO City of Fort Worth Fort Worth and Western Railroad 1000 Throckmorton Street Fort Worth, Texas 6300 Ridglea Place, Suite 1200 76102 Fort Worth, TX 76116-5738 IN WITNESS WHEREOF, the City and the Railroad have executed this agreement for this Project identified as CSJ _0902-48-697 dates indicated below. i�ittitttt'`, • • •rr f r r 1 NM , �jttiti ary J. Kayser City Secretary Contract Authorization Date: 4= 116� 13 APPROVED FOR FORM AND LEGALITY Douglas W. Black Assistant City Attorney duplicate counterparts of THE CITY OF FORT WORTH, TEXAS Fernando Costa Assistant City Manager APPROVAL RECOMMENDED ss/Public Grade Crossing Closure Highway Overpa(White Settlement) I:\03704\0047\N50487.DOCX 19 of 20 on the Dougl W. Wiersig, P.E. Director, Transportation & Publi Works STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Fernando Costa known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for and on behalf of the City of Fort Worth, for the consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this day of M i I , 2014. 14 LINDA M. HIRFiI.INGEs� MY COMMISSION EXPIRES February 21 2018 FORT WORTH &WESTERN RAILROAD Steven P. George President & CEO CITY OF TEXAS § COUNTY OF TARRANT § T� � u w -,�- v r•- � v Notary Public, State of Texas My commission expires on: Date � Z� l Before me, the undersigned authority, on this day personally appeared Steven P. George, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for and on behalf of Fort Worth & Western Railroad, for the consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this-g'rN day of fl'P(L)L_ , 2014. i ,... fi IV , My commission expires on: Highway Overpass/Public Grade Crossing Closure (White Settlement) I:\03704\0047\N50487.DOCX 20 of 20 ' Exhibit A POINT 101_ N: 6,962,071.11 White Settlement Rd - Overpass Agreement E: 2,322,899.47 (P. 1 of 1) ts'1 i P TEMPORARY CONSTRUCTION/ tj,;' MAINTENANCE PREMISES,;' r; POINT 9,,r t�r, , N: 61962,071637; ,1 E: 2,322,791 37r:.. �, = :; l r ../ ,r ' . POINT N: 6,962,031.40 ` <. E:2,322,774.98 ,� 4` / ,l�i ✓%` r= A t 'If 0 POINT 5qq = N: 6,962,002.35 j' e r , 1. , E: 2,322,763.07 ft / IWO .' POINT 4 0 N:6,961,932.45 �f E: 2,322,734941 It POINT 3 -- N:6,961,932.58=m�l — — — t=T�= III— E: 2,322,707.69 Igggg rr_, _ -_ - = - .... - - 40' , j / / ,l r` W H ITE SETTLEMENT ROAD POINT 7` ` N: 6,962,031.15 _E_ 21322,883 09 , =r„ POINT 8 ------- 7 =r� E: 2,322,869 05 -- _ - - --- u f - , POINT 13 - N: 6,961,931.89 r- -1 E. 2,3 2 2,84 2.64LA 171 - �- - POINT 1 000 N: 6,961,922818 :--` ` f E: 2,322,838.65 C m OVERHEAD LICENSE PREMISES / ; TEMPORARY CONSTRUCTION/ i 'POINT 2,1 r MAINTENANCE PREMISES I go f, - �✓ }� N: 6,961,922.9520 ; POINT 12 '` E: 2,322,703.7367 �y i No 6,961,882.27 POINT 11 r: ; E: 2,322,821.99 Is PI T N: 6,961,882.99 / / ;:, ED 2,322,687.19 WHITE SETTLEMENT ROAD BRIDGE RAILROAD CROSSING ® 9722 SF TEMPORARY CONSTRUCTION/ 04/23/2014 MAINTENANCE PREMISES FREESE F7-7 12042 SF OVERHEAD LICENSE PREMISES frilNICHOLS Exhibit B Page: 1 of White Settlement Rd - Overpass Agreement (P. 1 of 3) BEING a tract of land located in the Richard Crawley Survey, Abstract 313, in the City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land described in a deed to the Fort Worth & Western Railroad Company (FWWR), recorded in Volume 10080, Page 31, Deed Records, Tarrant County, Texas (D.R.T.C,T.); being more particularly described by metes and bounds as follows: BEGINNING at a 518" iron rod with cap stamped "BROOKS- BAKER" (control monument) found, at the intersection of the southeasterly right-of-way line of said FWWR with the south right-of-way line of White Settlement Road (a variable width right-of-way), same being the northwest corner of a tract of land described in a deed to Williams-Pyro, Inc., recorded in Volume 14909, Page 439, D.R.T.C.T., said tract being all of Block 1 and Block 13, Evans -Pearson - Westwood Addition, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Volume 310, Page 18, P.R.T.C.T. and also being a portion of the alley and reserved area as described in City Ordinance No. 2209, recorded in Volume 3016, Page 428, D.R.T.C.T. THENCE South 22 degrees 17 minutes 32 seconds West, departing the south right-of-way line of White Settlement Road and along the line common to said FWWR and said Williams-Pyro tract, a distance of 10.50 feet to a point; THENCE North 89 degrees 40 minutes 19 seconds West, departing said common line and across said FWWR right -of way, a distance of 134,92 feet to a point at the intersection of the northwesterly right-of-way line of said FWWR and the south right-ofwway line of White Settlement Road, from which a 5/8' iron rod found bears South 89 degrees 31 minutes 06 seconds East, a distance of 10.58 feet, THENCE North 22 degrees 17 minutes 38 seconds East along the northwesterly right-of-way line of said FWWR, a distance of 10.41 feet to a point; THENCE South 89 degrees 42 minutes 2$ seconds East continuing along the northwesterly right-of-way line of said FWWR, a distance of 26.72 feet to a point; THENCE North 22 degrees 17 minutes 38 seconds East continuing along the northwesterly right-of-way line of said FWWR, a distance of 75.55 feet to a point on the north right-of-way line of White Settlement Road, same being the southeast corner of a tract of land described in a deed to Rupert Street I, L.P., recorded in Volume 16243, Page 204, D.R.T.C.T., said tract being Lot B-R, Block 21, Bailey's Industrial Addition, Second Filing, recorded in Cabinet B, Slide 2040, P.R.T.C.T., THENCE North 22 degrees 17 minutes 38 seconds East along the line common to said FWWR and said Lot B-R, a distance of 31.40 feet to a point; THENCE South 89 degrees 52 minutes 00 seconds Easf, departing said common line and across said FWWR right-of-way, a distance of 108.11 feet to a point on the southeasterly right-af-way line of said FWWR and the northwesterly line of a tract of land described in a deed to Tarrant Regional Water District, recorded in Instrument No.D207175408, D.R.T.C.T., said tract also being Lot 1, Block 1, Rebecca Levitan Addition, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Volume 388-77, Page 44, P.R,T.C.T.; THENCE South 22 degrees 16 minutes 45 seconds West, along the line common to said FWWR and said Lot 1, a distance of 37.05 feet to a 5/8" iron rod found at the intersection of the southeasterly right-of-way line said FWWR with the north right-of-way line of White Settlement Road, same being the southwest corner of said Lot 1; G:IFW06\052Q\SurveylPARCEL-RRX3-W HT-SET.doc Exhibit B White Settlement Rd - Overpass Agreement (P. 2 of 3) THENCE South 22 degrees 07 minutes 09 seconds West, a distance of 70.13 feet to containing 12,042 Square Feet or 0.276 Acre of land, more or less. Note: Survey sketch to accompany this legal description. Note: Basis of bearing =NAD 83 Texas North Central Zone (4202). Page: 2 of 3 the PLACE OF BEGINNING and Note: Coordinates shown are surface coordinates based on NAD 83 Texas North Central Zone (4202) with an adjustment factor of 1,0001375289116, I do hereby certify on this 31st day of August 2012 that a survey was made on the ground as per the field notes shown on this survey and accurate as to the boundaries and areas of the subject property. By; TranSystems �� �x ISURV OtKenneth D. ErwinRegistered Professional Land SurveyorTexas Registration No. 5554 TH D. Ci ` l5554:�•:� MrDated:° G:iF W 06105241SurveylPAR CE L-RRX3-W HT-SET.doc CONTROCL6 POINT N 6,971,351.9471 C n Z11 AA n'YC Y RUPERT STREET i. L•Pa VOL• 162439 PC* 204 D•R,T,C.T, LOT SmR, BLOCK 21 BA&EY'S INDUSTRIAL ADDITION SECOND FILING CABwET B SLIDE 2040 P.R.T.C.T. N 22' 17' 38" E \ 31.40' WHITE SETTLMENT ROAD (ASPHALT) (VARIABLE WIDTH R•O.W. ) S 89' 42' 28" E ---- 26.72' N 224 17' 38" E 3 10.41' —PL PL 2 JOE 0• GAUNA � VOL. 7091• PG. 1903 �4 INST. # 0204333109 Q D•R.T•C•T. OF BLOCK 19 WEISENBERGER ADDITION VOi. 388•A. PG. 120 It P.R.T.C.T. Q Q 40 20 0 40 t let GRAPHIC SCALE IN FEET_. � 40' C1 f Systems 500 W. 7TH ST., SUITE 1100 FORT WORTH, TEXAS 76102 817-339-8950 FAX 817-336-2247 3 \ BOUNDARY CONFLICT (OVERLAP) 2S 5 /Nj f7 S 89' 52' 00" E 0 FORT WORTH $, WESTERN RAILROAD COMPANY VOL• 100801 PGf 31 D.R•TaC•T. (CORRECTION DEED) tTO CORRECT DEED VOL. 9391. PG. 2044, D•R.T,C•T,) 12.042 Soo F7. OR 0.276 AC• S 22' 17' 32" w 10.50'h PAINT NORTHING EASTING NUMBER 1 6,961,922.1797 2,322 838.6543 2 6 961,922.9520 21322,703.7367 3 6,961,932.5833 2,322,70746856 4 6,961,932.4470 2,322,734.4059 5 6,962,002.3531 2,322,763.0577 6 6,962,03t4049 2,322,77a.9791 7 61962,031.1533 2,322,883.0923 8 6,961,996.8670 2,322,86900450 37.05' dCO v Q P ZQ ti w = od^ Q C> &� QN 0 108.lit 2y 5/e" IRF PL s POINT OF BEGINNING CIR "BROOKS - BAKER" FOUND (CONTROL MONUMENT) 6,96i,931.8949 2,322,842.6373 —PL�PL- 19" W 134.92' 1 10 7v5%1,,,.4 CIRF"TRANSYSTEMS"LOT 2 `�✓ LOT 1 WILLIAMS-PYRO. INC. VOL* 14909f PG. 439 q co Q0 D•R.T.C•T. qAa� M EVANS•PEARSON• V W N WESTW000 ADDITION V ht �, � VOL. 310, PC. 18 v 2°SP¢i�, (o O P.R OC10 Z AVp gg��q•Q?J r. A (n CONTROL POINT N 6,955,519.2667 E 2,321,229.7297 0 8^��`•:�•Q,� `r SHEET TITLE ,fffff.fls••a.a•,es.•se•smass•a ?NNETH D. EPNI i , f ...................A.,:.< �; PROJECT 4 5554 9 tlfti��``� j °'°P� e s �. •• Q 4- Exhibit B White Settlement Rd -Overpass Agreement (P. 3 of 3) TR11V[TY RIVER VISION NOTE: COORDINATES SHOWN ARE SURFACE COORDINATES II BASED ON NAO 83 iExAS NORTr, CENTRAL ZONE 14202, WITH PG. 3 of 3 AN ADJUSTMENT FACTOR OF 1.00013752691t6 INDEX OF SHEETS SHEET NUIJBER DES CA IPTION 1 COVER 2 LOCATION MA 3 EXISTING CO 4 RAILROAD RE GENERAL NOT 6 6 GENERAL HOT T ROADWAY L1 B ROADWAY ALI 9 TYPICAL SEC SEC 10 BRIDGE LAYO'l 11 30.706E LAY01 12 LAYOI 13 VERTICAL VERTICAL COI 14 PROFILE ALOI IS PROFILE ALN 16 CONSTRUCTIaTIOI 17 CONSTRUCT IOI IB RAILROAD PL, 19 RAILROAD PLi 20 RAILROAD PLI 21 RAILROAD PL, 22 RAILROAD PL, 23 Rp 24 ROOADWAYADWAYON 25 GATE DETAIL 26 N RAIROAD TRW 27 TRW 28 PROJECT IAYDI PROJECT l PLaN BEGIN TO STA 126�00 POAlI SiA 126-00 ENO N TO STA 123.40 123.00 TO STA 128.00 128.00 TO ENO O IAGRAMS ERLINES OF BRIDGE PIERS NORTH9DUND ERLINES OF BRIDGE PIERS SOUTHBODND BEGIN TO STA 102420 Sia 102•ZO TO STA lO6�B0 SiA lOfi•80 TO STA 116,00 STA 111.40 TO STA 116.00 STA 116*00 TO STA 12060 STA 120 60 TO ENO GENERAL NOTES h) Exhibit C White Settlement Rd -Overpass Agreement (28 Pages) J d iATE ®d' TEAJ`SS I9EPARTMENT OF TRANSPORTATION PLANS• PROPOSED STATE HIGHWAY IMPROVEMENT FEDERAL AID PROJECT CS 902-48-697 CS 902-48-697 CSJ: 0902-4B-69T WHITE SETTLEMENT ROAD TARRANT COUNTY LIMITS! TRW 194' WEST OF ADOLPH STREET TO 200' EAST OF HENDERSON STREET ROADWAY = 1376.96 FT. = 0.261 MI. TOTAL LENGTH OF PROJECT = BRIDGE = 949.31 FT. = 0,179 AT, TOTAL = 2326.27 FT. = 0.441 M1. TYPE: FOR THE RECONSTRUCTION OF EXISTING FACILITY FROM 3 LANES UNDIVIDED TO 9 LANES UNDIVIDED, CONSISTING OF: BRIDGE, PAVING, DRAINAGE, PAVEMENT MARKINGING AND SIGNING. 9�69. 511 InAlLnvau Anu»1nu lARItANI Cowl ©20t2 by Texas DeOarimeni of Trons00rtOtioni all rignis r¢serve0 o1FTWcT TEXAS TARRANT 1 DESIGN SPEED = 30 V➢H AOT� I2, 200 (20131 19, 900 (2033) 16, 400 f2043I EXHIBIT N c N PREPARED BY: /�au1CH015 for "F� ,� 9•i9.iL TEXAS DEPARTMENT OF TRANSPORTATION NOT FOR DIDOInt PURPOSES. T DLR INSPECTION RE OUIRED CONCURRENCE! 2012 CITY OF FORT WORTH DIRECTOR, TRANSPORTATION/PUBLIC XO! CONCUflRENCEr fflEESE AND NICHOLS? INC. DESIGN ENGINEER SUBMI TIED FOR LETTING 2012 ___ P, Ell DESIGN ENGINEER RECOAIENDED FOR LETTING 2012 , P.E. AREA ENGINEER RECpR/ENDED FOR LETTING 2012 , P.E. DIRECTOR OF TRANSPORTATION PLANNING 6 DEVELOPMENT APPROVED FOR LETTING 2012 P.E. OIRECTM, TRAFFIC OPERATIONS DIVISION FOR�TT�NG 2012 FOFi P E� TING 2012 DISTRICT ENGINEER DIRECTOR, DESIGN DIVISION Sy t — '9 ' r _ 0. Fj Fo w; I aj fr I z EXISTING R . Imo IV > ¢ _ �& .. .__—. \ \- TARRANTµ OI/NTY MAP TA OF I 0 to Q jr EXISTING A.O.M. To�I ! % N BEGIN SAVINOCET' I W' - s,�---.; STA . .08 .'fIt,,P ORB$ED R. O.i.� 0. ' .�'< i L L■ �' END BADGE 'if - r" '.. ,.------ ._._, }� J STA 30956.39 /� ,/iff 0 OO SCALE IN GEEiFF xea 1 F _WHITE.�TL'fMENT-_RD .. _- lb IF e Tj ____ \\\ COT AM %K% E `tv EXI STING A.O.N. 9 / r -+��� •••,,=r�; An if i 1 na II �: N c Q i F tc a z I tool O rl' holo At am 7a-La .WHITMORE—ST. - a FREESE _ MINICNOLS r:"loot 16-t _.,...._ An W CC = w a ®W Texas Deportment of Tronsporfotton al O- WHITE SETTLEMENT ROAD 0 € a m FWWR EXHIBIT C DOT #XXX XXX M - RRMP 4.6 a' LOCATION MAP mood Sheet 2 of 25 . o_9r� 6oAo. IEGEN.E AID MjExr N.. .IG...r TJS Alv.:n. M. i _ 6 CS 902-48-697 CS _O �SS� STAM U a TEXAS 01 410 TTTW TARRANT kzamaFy STEEL }Ic 2 JFD T09D2 EE48a 697 r i -- ^ WHITE° SETTLEMENT RD. I I I 1 1 I I I I I t I Ll .L_L..L.1� . L J_.LJ.-1--I J__J_-L .� WHITMORE ST. IN la J I$ Q q/A / 9,9 % �r0 j FI j N. A J- -I_ 0 I � raaawrcouHrvl.+Av Department of Transporiotton F (c�zaiz WHITE SETT�EIAENT g0A0 FWWR EXHIBIT C DOT ttXXX XXX M - RRMP 4.6 EXISTING CONDITIONS o'FTNr �• TEXAS TARRAIR A[G Q GENERAL NOTES AND REQUIREMENTS RAILROAD GENERAL NOTES: ALL" MINIMUM EVOOFEWFA" WEEKS VFOR OTHE REVIEW AND APPROVAL ALOOF EACH ROUNDEOf SUBMITTAL. Z. EMBASt MENTOSHALLEBEDESIAT IMPACTS NED ANDICONSTRUCTED PER RAILROAD G IDELINNEESSFOR TE�WABYOSIHORING. 3. ERECTION OVER THE RAILROAD'S RIGHT-CF-WAY SHALL BE DESIGNED 10 CAUSE NO INTERLPTICH TO 747 ENABLES THE OPERATION, i REMAINNOPENRTOITRAFFICOPER RAILROAD REBMINEDENTS. SUCH THAT IT < HE ELEVATION OF THE EXISTING rO'-OF-RAIL PROFILE SHALL BE VERIFIED BEFORE BEGINNING CS- STRUCTIS. ALL DISCREPANCIES SHALL BE BROUGHT TO THE ATTENTION OF THE RAILROAD PRIOR TO CONSTRUCT IS. S. PROPOSED OAON PROJECT SMALL HOT QUANTITYAGSTCTaN0/W cHARACTERISi I[OFIEFOAIN RAILROAD DITCHEAANOIB"LINE STRUCTURES. BAPPSiIRPREOOTBEONG&RWTSIEYf THE METHOD PROUCRALOADIMTNANYY MDINONINCPROT. Z OFF THE SPECIFICCATIONNAORSPECIALEPROOVISION OffETHEI PROJECT, COOipINATi ON CLEW i0.El£JCi9 AS PART B MINIMUM CONSTRUCTION CLEARANCE ENVELOPE Of FEET VERTICAL ABOVE INC BANE TOP-OT-RAIL ALL t2 FEETES HORIZONTAL AT ION. ANGLE FROM INS CENTERLINE TRACK SMALL E MAINTAINED 4 ALL PERMANENT CLEARANCES SMALL BE VERIFIED BEFORE FROJECT CLOSEWT. 10. ?HE WORK SITE,PAKD ALLOPERSONNEL MUST CLEAN THESAREAEWITHIN 25KFEETtOF TE TRACK CEWERLINESAND SECURE ALL EWIPEHT. I1. CONTRACTOR MUST CALL THE FWWR OFFICE, 16521 429-2398, FOR LOCATION OF FIBER OPTICS ON FWWR ROW. �C TRACK OASE OF R41L I'-6' FW1A GENERAL SNORING NOTES: 1� ULCENiMERLIESOFdFTRI£ASURED PERPENDICULAR Z. TRACTOR SMALL SUBMIT FORPOAPPPAWM- BY THE RAILROAD DETAILED PLANS INDICATING THE MATURE PI OPOSED. THEE[ TRAM TRACTORROSHALL INSTALL THE TEMPORARY SLURPING SYSTEM PER MARYPSHOPO.RINGPSYSTEM 70 COMPLY WITHTEWWR SIDELINES FOR TEVORARY SH MING. T AORE8, SHOWING PLANS SMALLABE ACCOMPAN ED By LATIOM.RSS MUSTLBE SIGNED ANDL SCALEDOBYAA CU- STATESWHERE THE WORK HILLIBE`PERFORMED` ZONE A Zone b 4RCUH0 SHORIFD HUSi 0E DE514'£0 FDP IN aOpiOStigll t0 090PpLA 5 �APOFit LNOPICfEDRLEERAILROAD iOPLIVE ZLOD%M CWPEP EBDI GENERAL EXCAVATION ZONES fOR THE FOLLOW LNG INfO(tMAT ION PLEASE REFER TO THE PLAN AND ELEVATION DflAWINGG OG THE RMATIO PLANS. THE PLAN ANE ELEVATION DRABGRAD SNALL SNOW All REQUIRED INFORMATION PER fWWR GUIDELINES FOR RAILROAD GRADE SEPAflAT ION PROJECT. CENTERLINE OF BRIDGE ANO M CENTERLINE OF PROJECT. 2. TRACK LAYOUT AND LIMITS Of RAILROAD RIGHT-CF-FAY WITH RESPECT TO CENTERLINE OF MAIN TRACTS. 1. FUTUIE TRACKS, ACCESS ROADWAYS AND EXISTING TRACKS AS MAIN LINE, SIDING, SPUR, ETC. <. MINTTAOFSMINRIMLA0 VERTICAL CLEARANCE AMC DISTANCE, IY_ASURED PERPEMDJCUAAR, FROM THE CENTERLINE ON S. HOREZO` OBSTRUCTIONSUCHRIGHT AS ANGLE FROMRUCTURE CENTABOVERLINE OF NEAREST EXISTING OR FUTURE TRACK TO THE PAC6. MMI70MINEABESARANCPEDAT NIGHT OHAOEE CENTERLINE OF NEAREST EXISTING OR FUTURE TRACK TO THE FACE OF1. HORIZONTAL SPACING AT RIGHT ANGLE BETWEEN CENTER_IES OF EXISTING AND/ON FUTURE TRACKS. LIMITS HOMING AND u1HIUMM DISTANCE A RIGHT ANGLE PR CENTERLINE OF NEAREST TRACK. 9. ALL EXISTING FACILITIES AM UTILITIES AND THEIR PROPOSED RELOCATION, IF REWIRED, I TOE OF SLOPE AND OR LIMITS OF RETAINING WALL. EXISTING AND PROPOSED CONTOURS. 12. RAILROAD MILEPOST AND DIRECTION OF INCREASING MILEPOST, DIRECTION OF FLOff FOR ALL DRAINAGE 5 u WITHIN PROJECT LIMITS. I LIMITS OF BARRIER RAIL AM FENCE WITH RESPECT TO CENTERLINE OF TRACK. DEPTH OF FOUNDATION BELOW BOTTOM OF TIE, TOP AND BOTTOM Or PIER PROTECTION WALL ELEVATION RELATIVE TO TOP OF RAIL ELEVATION. I STRSLING OILENSISS OF DRAINAGE DITCHES AUA9/OM DRAINAGE STRUCPJUES. I TOP OF RAIL ELEVATIONS FOR ALL TRACKS, IB RTNT PERMANENT VERTICAL CLEARANCE ABOVE TOP OF RICH RAIL TO THE LOWEST POINT UNMER THE VIDEXISTING AND PROPOSED GROR'OLINE AMC ROADWAY PROFILE. 21. tTPE OF SLOPE PAVING. 22. LOCATION OF DECDRAINS. 23. T e WIDTH OFSUP TUNE, 2<. WIDTH OF SHOULDER ANDICIR SIDEWALK. 25. DRAINAGE WILL HOT BE DISCHARGED S AND WILL BE CONVEYED AWAY FROM THIN ROW. SHORItRi t0 Ca9LY VITM OSHA REWIREIENiS SN�UH VIAL E FERNITTEO FOA ExCAVAt10N IN qs 2O£. vm EtwiNG LVTsI. 5riuilHG rD Cm+ar vITH Dsvp REWIREMerts. FWWR Track Elevations Station Elevation Station Elevation 103+00 541.43 114+00 541,16 104+00 540.90 115+00 541.18 105+00 540.94 116+00 541,09 106+00 541,00 117+00 541.50 107+00 541.24 118+00 541.96 108+00 541.26 119+00 109+00 541,25 120+00 110+00 541.27 121+00 111+00 541.16 122+00 112+00 541.09 123+00 113+00 541.17 124+00 SSTRUCi15 ACTT vITiES DR OBStPUCi15 SHett BE PLACED WITNINP THESE LlYlis MINIMUM CONSTRUCTION CLEARANCE ENVELOPE R TON s`:4Aa 5 '. 'o' PART t - GENERAL I.01 OESCRIPT104 3.02 RAILROAD OPERATIONS 3.04 INSURANCE my ih�inject 'npludes construction work withn the Right -of -Noy r properties of the Rai Ircdd Cmpo�y and oal«mT o other fact lit ies. Tnase sneers ate _ aRigohtao - w rrrnm Over Pr ennnir Railroad Ripst-of`-toy ore R n }ingrw nta a Railroad a _ratims. with °e«Railroad while pat 1 m'nq the work nee r i and o T the s copparalian with the Rai 1r«d asiwith TxDOT. ry Caraleiewil uMlittaals a work i adobe with T+aOT Standard S aeefiect ions, Rails° Guidelines ndaGREldp r f special bond a- as direateu in writing ay the R .1 a Designated Representative. q r otl For purposes of this project, +rn Railroad Desrgnotea Representative ardiPublicson Or Projectsrtonhandle specifited c taskshe orelateaVintager to° the PrrIndustry oject. .02 RAILROAD CONTACTS the MImrY Rai lro« poeft tie cmi His prmpleai m lie con ct r jai hood floating 'c sand work, 'nea by to cant flog the TxDOi AreovErg ineerarespmsi Dte far the atoject. I.OJ FEWEST FOR INFORMATIaI / [LAP IFI[AT ION Rest Srexnii fleQuesis fr Infomotim f"1 InvDlvinge k vitnln my Raj lroM Right-Ol-root to the xDOT Engineer. TxDOT Engtrreer in.rit a Rri Rai hood Oesimott T esentat ice Tr rxP 16's c l ti a vitnln Pi ich ncWpyludes 1e w re par review MIGs io lrMes flow IAI weeks fr rester ono opmovdl by �e Railroad. t. Di PLANS /SPECIFICATIONS Txoor ra celvaa wr aka tip wa�pr r s ®rd s in the plans loiter award of the cmrrmT m.at Howe +he aopowm of ixDOTaW the Pa�lrood. PART 2 - UTILITIES AND FIBER OPTIC onstruct all utility irstollations i coramce with current ARE" or [road, TxMT m owning trill ttyrr pw:;fIcq1;anA ands Rai [rood geral N s an be m the Railroad area or by wntaiiirgi That Railroad Oer ported Representotivete PART 3 - CONSTRUCTION ], al GENERALthe A. Perform II x In carpiimce with all pt ico0 [e Rai lr«d, FR4 orW TxDOi rules m0 requt ohms. pr�mge oM cmd«1 bolster- that Boas ncr mdmamger ar nterrere witn sole eperotim of roDerTY of }he Roi lroa0 e rraffte nav erg m tl+rocat, ;t r sires, s on other MoperiY of a he Work, its fenonta r °toofar rains detoy c itand Y o los The Corstrothesalitt licensees, Interruption of train Operationsresultingiron Cmiro--iassle constr«tiast r other activities. e B. Canttrution activitie within 12 feet of imal track only 0 at lowed it absolutely necessarymE the Rai lrro m'as Designated Represer live grants pprovol. tact tan - Z Beef oft operational own in fios tracks to ton rational. In such a _coordinationetmd by the Rai (road Track Uarogera _ wi3n regardto Schl 3.00 Tar decisioflanal lnfrmotrm. and slow Orders See Sections .07 [ Provide track teclir f Quipneont (Including Includg r der Qurptentl °operotirg far ]5kfeet n_ roll, D. The Contractor is that rcilrood facilities e Project na i ytthe vRailroad. If opplfc«Ie, those nfo_ilitiec m a in ♦ e Aims. Be w e limits e3fdmSibilttle and coordinate efforts with the Railroad fara TxOOT. A. }rains mil/or e x«ct d on my track, d either O ° 6emxetonilrr With train thrsli� en aM s rack trtennis in this oeri as defined in Pra naBitha- follows, B. A it ithin ma oaj eni o the Contract Site irctive, maaroilwtraffic over thhese facilities shall be nt ^lied 1hW{y»ut the Project. crivi}ies coy include rro -ougn aovesrom ng no o local c Foiif'oad affix d o r mrotainuouslyrs aup,cut r ay an him's Po, coined a aardinate vi dse t �hatec - activities ao not inerfe-e wiitn aelroad oce ailcons. . CDOrdinate work windows Wi h TZDOT an a Railr«d's Desigvanal RXare SWindewve t TAp olute Works of ilerk wvrndovs, aril lude d fined Delow. 1 A CmOitimcl x doors Isla id of tiPe that°ro hood ope aims ha city a consrractim « mstructimw« myr occur soll ail ad f farm ailroad t n 25 r of the t trork, a Roiir«drflog O libesrequir a. At 1 _ of 1 e Railroad flog p of a Troth, rains r_ a tracks Insist be he ii.e., rw °neautptenrTRo or Personnel [within 25 feet, w ected b he Railroad 1 Designated P tative, fraerthe 1 ksl.i Conditional work windows are ovailaole for the P ect. the « Ivlfiese xe g1Yfm prirtis a rod Df nDuri �t line frarc igrgied octor1 be a tr train nmveseni ICmirrocks end of uS Abe mart s ighols rash be c nod for tons attar 1 Pnilroaa, Publicilnl TGeae-ol Rational A rstrot ibe nsti r operational 1 aiisi to ].03 PIENT DF ENTRY. ADVANCE NOTICE AND WORA siDo?d4E5 ^ mtrp mY work m ov r the r etc ato r affec+inp A .riot o iiges o e Roi [road, enter Into o s Ripri of Cn1tY Apreenent' whin Rai looad. the fee for Iron TTn9rThe or to espmsibil sty oI ins Cmtro-_1 SW0 c a oDy of 1 cvled ogreeeenr ml a pal tc ies, D 'ificeies land ailrsad Dap set erly. Wi rhererh to T%DOT [entry to f, n9 wrkxm R;nk fed proper}Y� xithtn the right of entry acres ent, specter working s acified os the Roi�iraod inspect ten r mrr ercnis, antl mY otter ,teas B. Give dW e noice to the Railroad a reQuifea i 'Cmir«ir's Rmgnst Off Entry Aarw Ye before c s ing wrkmin connection w n spot r Railroad ljlq t-of-Way d observe the s Railrooa's rules and e0u10 ems win espect tnereto. C. Perform all ver1 up nrRe lroad Aught -of -Way inn r to av id nterference v enddargact she oIreatlanstimsOr aof theety TRailroad.o sucall henwork ne a rood Designated Repressseentativenfor«approve[. Approval dWo t reliever tin Conlr«lor frog [try. Dp instance ncork which renal s flogggie s ice or ctim service rmtit 1 irloggin9 °rotectimrre 'r evRailraadni vailable ai 1 s e Seetim 3.19 far railroad flagging rapsrrbinnts. D. M s in writing tr ma Conditional Work least two e t s rn d Dofnm ork. Inolrge in the writtennremil Ii Exact y olkaiethe yr ails. A 2. The days and a tilt work w be par'vrcd. aw pthimte��P Three yP_tot°. t ar a trac areatm. s. The designatedr Apricot °ersch, rrnption no lie Railrocd d B hems oefreec woriirq w ection withiupLpaved workiwlnpow A rdrk within 25 feet o anyni - Ins. erform a 1 k inw«cr e rrth p eve sly oppraved workkplans. E. u o protect o of The Railroad Armin colditim arising fraty Or'inTc ctllon°with the yr a lermiate ak if i the jWq+eni of the Railr«tl aesi�ea Representative sLobn are Insuffficient, a Rai lr«a Designated Representative as wire avid^ such Provisions as demean . in my a ent, Suess y sShhot I b e Contractr's a put witness cost vto the Rartro a or TxDOT.e TheiN rxOOTxShall have t right to order e Contractor t roily cat fire < _ cY if in 1 asinionno he Rail oad Designate0nRepresentative, fron oansualOn v tl r, lro zETaeir otifysixppi l of she°order°ns. In me event Do t tiepin work upon eo Roeairadd Rigfi-of-sac mill tarot snin9 hot begin w;m the ins e titles, binders,-rrificmes ma the r rea taoted Representative ha-Eadvi ed TXMnr'ha RailroadsUrOnce is in cea�ted Represmtottve s advised TrOOT t ntcon 7 m arenisrncpeati inthelieto with °Specshe Provisions lYNo T oa iheurTxDDT Stanford specificaiimzimd/r tn_ Project 4ernol dies. ].05 RAILROAD SAFETY O.RIENTATIOV ipleie the FWWR RmavW Worker Pr c an-TintOln c«k Safety flh?/OTS) rotOr OrientatRailroadson property. Thaw is course required nt f registration crrpletea to mnud�lY by Confroctor and simcmir«TxSepersarvrel working an site. FWNR will n «k safety training certificates frarb -- in0 the FWW r all certificatesat s Theet had e oat«tarrgnHim Harlon o Safety Services OGISSi by i51 ]1266-2130 or shall. rmr, marssrnn. net. 3.06 CODPERAT1011 Tile RaeffroTentll <roparare v h Cmtr«fors tar lnbanaa °`xiad use of Rar[rcad Righl-of- a for°rirg ine work. a erg 3.0T MINIMUM CONSTRUCTION CLEARANCES FOR FALSEWORx AND OTHER TEMPORARY STRUCTURES bl the i fall loving rninrnc+n P arclearances during the course 15's I4SFI and 12'-0' 1 Mrizontol fray centerline D1 track (64 vertically above fail of roll. ROl lraoeiticlearance above, Obtain localOperang Philview pss ro a listedhan 3. 05 APPROVAL OF REDUCED CLEARANCES . Va intain minlimin track ClearienceS Ming crostr«tian as led in Sect! an 3.07. sWnii my proposed specified m TxDOT onceit to of the RailrYS oad Oesancgntia e of iRepresentahe work. tiventhrough with oeshil such infringeaent until written approval by ♦he Ranot ilroad Desimdied Re p-eseniotive. C. Do rat coarrences work involving m frrngemwst in I ing yT r od assurance trIrso RRol troadDesignated s Rereenlelivethatar mgesents hove been mode for cry neces sory flogging service. lot •.4 �toy�� !.s' ]. 09 [ONsiRVCT ION AHD As -BUILT S410NITtaLS ].,0 dPPAOVAL D< DETAILS 3. 15 COeAJNt CATIgis ANO siGNAI LINES and A Dula¢ TxWi suns a fun [ o tearer as wtl i�ealb siro;catecm'nni.00i O1 sTmdantl al of mst Tx➢DT tee tx�/ta can AOe foray at: wwv. Doi. riot rev, ewes. Cdf D. The iaUles o o the Railroad's n mm omit -of requiremnfsafar provide m hens n Suomlt-of requirements a n position to these specified ei Mere in these The r indicated ode ow represent the taint 11me, including five Railroad's regJi ea four TxDOT (wi weeks. a Railroad manager oaf Inxtsrt I ayfOare Publ Tc Projects levant supritirs14 t unless otherwise directed by the Rcilroa]. TxWT and to Engineer of Record wrv, and ' o to fomwdina to Tim Railroad. review i ds in n sr both roTimad overpass for rai,readsawejpctss, CS wan OPpa Coble. Somit 'tans InTable2 lA6lE r - RAILROAD SUBVIT1pL ftEWIREmENiS FOR WERPASS 4 UNDERPASS PROJECTS IiEu TABLE pESeftiPilON � SETS REV IEw TIVE wing o s qn Octal ls 6 2 iv,serwke0esim and details 6 t 6 weeka Drainage design provision 66 *asks Ereotim d;o9rors oM 6 6 r 5 Dmolition diOVM an66 weeks Z - RAILROAD SUBMITTAL REQUIREMENTS FOR UNDERPASS PROJECTS I T_EN _ _ OESCRIPIlo4 SETS NoiEs REVIEM iIVE SOP drawings 6 Steel old Concrete maders 2 6ear in95 6 Forallz u,ciwes 1 Concrete mix Deal qns o 6 weeks 4 Reber L Strand ert1fications for superstructwe Only 6 weeks 5 20 d concrete 6 Far superstructure Only 6 weeks strength rproofing ma ccertifications Waterproofing 6 pro-ective 6 me 6 Eon 6 weeks ;nstollatiT os Sti-macertiTwdil cr(fecal ya I crc1 ,ms 6l Dineraiwe 6 w elks— other se _ ou Trisg atop i u Foorication and Tea t i a sl R report s 6 ilo her mothe`s rewilicolring in0 6 weeks tousOness Improved notch welding Procedures and 6 Ab5 redui rexnis 6 weeks Welder Lertificotim File driving, Crilleo soft to Foundation Construction msiructim, mewing Repwis w Notes pressure test repot for 6 weeks spread for rugs Coepaetim testing most t 95X me 11 reports orr bvckfi I a y ce sifY, Modified 6 weeks obtrants Procter aSTU 01557 o. T DOT Siva 1 Sahli as -Rai rt Records to the Railroad M•1r Txooi has o-0«ssea the vial wkee[t Ions. These records wall consist of following ism... Oveross Pro iect• s I os-crosiructedOmodifications`twe shown, in design with or Oat .PDT former, 2. Hand Copies of oil sirstum design drawings with as-corstUoerossructed modifications shout. I. Electronic rile$ of oil structure a ion Cravings r SficotianS Sow, in micr StationrJ m Hwo0olth 1. PCs fwmdl. z. and Co of a I structure design drawings with acted agdiezco:Tms s ]. Final saom snm drawings for cmerete ma el homers. Construction Reports 5. combat ran test Ing reports fun backfI IN at oo�tmerrs $Y�properlalme oireeG sm atetl ; ftthroughn TtDDOTTlfor°mnrtakine Rol lrooG s review a d written aTve van bef IeDUT tot me Rai lraad'b re new one wee fen r review of we such i¢ s s en. V 0 Total six mek Pwaew timfnasa ¢wari+tal.. warm ,nmaaea ine noitrood'a°ra,r Iu wee eview 1,aY. Ne1NTENe6iE Of R4ILROea fp[IL IT IES A. Naiitoie all ditmes drainage s W}wes �ree of Sill w other �trpm a it rase s anYfot . Pr w In Rail" Rol Irada reps; ra my Dior oarogento rive op riy of flat Iroad, oar , �s tenon 0. Perform oli ema repair of damges due to rive Lontroctor'sssp_ratlers atc[Dntroctor's a _nse. c sawiT a wadrsea awthe l of e a m u ping an rya review by 1 !froo'WIYOswrith alit maticablea Ideal, state And federal Oct re stations .hen developlm ma , lementln sum erasion control.W 3. 12 SITE INSPECTIONS BY RAILROAD'S DESI g11ATE0 flEPRESEriTATi VE road e. In addition to }ive office a InepaClimc mayoeperiwwed of Fa �igonrofe� Presentative o Paints ar tngonconsiruct, , ueing she sticrt retif oppliCm le: el irrgs. 2. PileOor eilnt me!lcon re c drilled s J. substructure and concrete ructures for railroad shafts. . FractionofP 5. P waterproof st structure- PNaeiry toot last on atop¢ deck,. 6. Cmalet ion oftthe bridge structure. 0. Site inspection i not Iimiied to 1 milestone events listed above. is visits to check m of thew y be y_rforaed o my KC t ime iMoo9hOtY The Construction as deered Necessaryby The Rol hood. Is e vvide o ill led cm uc;m the prapoaad colosCry ton an Nand a usI ionsequence 1 nO o TXDOT f sWmitroll to l♦NAORailroad ODesignated presentative T reviewPriorto c emani of work. include toss mticipotets this ed ddaateesfwhenar nThe move le above I isted a i i i oc ts as necessary and be eorh month of a sinless; to allow tro Railroadnto ccheaule site inspections. If reryJ lied, :o Poi ,road w'N1 reanraye its aemnieatlms Cra mtl foci lsisrscen^ 0�ing r ni arars mainiaired°by in aa°Rai lrO1a19va�s°Cfkro-s Tim ation 0 expense of TAROT. - work t of[v ill be donenby i Own f me -t ' not a par the Wo K wocrothis contract. .16 TRAFFIC CONTROL taw c ffic o ross or mound Rai lroonCfeciritiesowith s th ailroaal DesimafedcRepresentative. CONSTRUCTION EXCAVATIONS spe ial ec�ticn and care in Connection with excavat'ng snwin911 �w atlloro fo-I Constres toion O 1rnger plerar corplina stall y with r of TXDDT, OSHA, AREUA Old Railroad •Widelines fun T y sroring'. B. ine pr ndicate M e floor o e lines her amh Regardless, C ary Call center to a_ternineat require r d{rotion. such beete sysmatstwespresent: ;W'eA 1- -661 -J65t 6 orr ratite rewired iPaO A4 }0 930yPNJCS* sNrndde-Griday except noli0oys, Ae°�frf:anon Wallaby f yf a e92rg honied BNSG 1- 00-533-2091 54wrkiner g Days miles reairea Xes o-J44-e3T1 a mae Coll, a 24 hour ABxnre 1 required, excluving weekends and of idays If a te'ecamun'col ion y lea is its anyMeran Or e near Ra'Iroad Hagerty, coordinate with Tx00the Railroad vo the Telecomunical ion [oaa�iliesl to an�anye for relocation m protective ive a es Priw to rk m new Rai nfoaroperey. Refer ro in wo7ecl ¢hero lutes for additional information. ILROdp FLAGGING J.I] RAILROAD REPRESENTATIVES Roi lrmt i.ogq inq of II be required fun work within 25 f representatives, cas0uciws, flog person ion Person will hertz al ^ f frock. Pretrial me far flogging e 0 ifiCati16 tppl,c berlravel Railroad a Of to protect Poi trodd described Vc rk Neor vi roads in ine oc1Ovles. rper Railro property d maven¢ tortes w tree °rfw°nm imn S1mdw0 spear ,cottons. will a�eh p some, m o r protacTrve services vs at Iovsitl 3119 CLEANING of RIGHT -OF -NAY work :a retrove I toots, antoatner �Onmaterials A any p of my it standing m being eteO within brouynt into Rollroadi Right-o - N�I and° Wiptent i5n feet, m tired horizontally, ou [ of track an. Mien W Righf-of-ema in 0 Clem presentmlefc condition tosatisfaction rains exty rate, a often Object is off the Oromtland my of TxDDT he R°ilmod. _ on thereof Could Inside e 25 feet limit' w my extend nl ract;cn or rrc ionaa Constructioneew progress within such imifs, �.-f==lG�y re wdlas¢ of elevationstructio above or slew track. ..�s 8. tea my excavation below elevation of track smgrobe if, i opinion the Railroad Designated Representative` trackother Railroad �q�� 'r(���sh focililies nay be s ! 01 to Settlement o movesent, h inproximity to C. During my clearing, wing, exc0vatlon w CrodTRailroad ganroed facilities,ive point r The R nr onsimgfea IRol .Ora ewesentmay meander trope fact titles or Operations. 0. Darin my Contractor's operations Men, The Opinion Oft a Re'Iro°d Deeltrack$ RWildintarivegnal;, wir mail , or incline, but het limiter o, wnaings, signals, wire ,nes, w pipelines,Ira be membered. �FREESE INICHOLS E. range with the r DesOsmignated Rewesentat ewe to provide the ndecoate ....,....._and t fs to V1LRw4Y5 REWIRED tfain o1� that amter of each erne tide Operated _ din9,eopero'edrt krac tireerw use (I2'1 walking rn9rhioDO �tro ng to 0 Rertave mYadimporaYwtepedicenis to rslksays°ono fro nkgee 1 r rust % lkw al ,ores drin9 work nags before ♦ive c sot ac close eoy,s Construct w ack with Do rof viol a then iling toffy Of D: a not these eor T ra v horizontal lyefm°1ay i track or r 6 PI curvC xNl lE-2 P[< C�WVE IM01fiE-2—� x-as�_.�zp..6- Nr PC CLOVE o�0 O� 1 �I �F NOATR ACCESS ROAD EY15T2 1 105400 TO .x%% 1 \ O Cy0' MR i CURVF MITE-2 Y. WHITE SETTLEMENT RD. 1z oa / Ft MITE SET PI NRVE M11E-1 /' F SIX K ACCESS ROAD 0 O MIiE MITE [�TVE MITE'-1 [WVE 'MITE'-2 51. 00 - 53,42 L 106.64 T i5. 00 TI5.00 Ste 115.26.21 P[ • 116.3%.01 6. 961, 96E. 65 65961, 9T4. ]3 2, J21, 91 B. B9 % • Z, ]22,026. 2t • 5Te 116.32. 0 w STe list 40 , - 6j961,974.33 2, 322'026,026. 21 2T X 2 2T ' 2].A6'E - 5 69'4 23.1 5 iT. 22'E AN el'J56' ' 17.2 SE N I 50' Not 120MTAL SCALE 0 o VERTICAL10 SCALE N a N ti J U F- •' � /$ 0B' 1N9R;3W ::L =E.LE O J, 0 1p VERTICAL SCALE Eo N Q PI CURVE 1— u 99•_ sl' �.S. PC CURVE w _ _WH ITE_RSETTLEMENT RD. 130.0 z mITE SETTLEWNT ROAD J a:U PT m iTE m16E CURVE 'm ITE'-] [WIVE 'miTE'-< PI • 13i•41. 12 Pl J•95. ]5 6,961,936.6E % • 2,3Z3,533.60 2,,323,7001.. 74 META 11'21. 48' DELTA • 9' 55.99' 106.96 �T • 54.03 54.01 L 303.21 R 500. 00 R • 263. E3 P[ • STd 131414.60 PC • 132.96. 39 T ,STA96 ,678.21 X 2,323,506.56 2,32I,506.S. 2,32 Z,J2J,64B.21 PT STA,56 IJ T•,6�962, ♦ • 6,961,915. 39 5.79 .10.92.00 .43 104. 0J 32J'S10' 2N,JJB3JOT Bx -Z. 89SS61E R[ • 6323'41.291E9 0 J4B6. S93 40' 19E AN-N 29,13' 45.301E SE uiA SE [t % x U' AO' 36.49' h NN I TE-] �� 1 �� / / `PT CURVE mITE-4 PI CURVE 9NITE-4 \ PC CURVE %KITE-4 CUR hN liE-3 \ s ll• i]' 41.29 h iI F R'KITE SETTLELWxT ROAD _ 77'-9' IOVERALL r-01 12'-0' 5'-0' P/ SIDEWALK 614EE Le rLANE 1Z E LANE BLANE IKE SIDEWALK rLOW PROFILE PEDESTRIAN RAIL LOW RAIL 1 4 1 1 t 4 TRAFFIC RAIL �fyz V IIJI PEDESTRIAN RAIL T29�iAR4'— TIEEBEAU PDL TIE0KAM --------- RING w V-PIER LT V_PIER BRIDGE CROSS-SECTION Zu. T. S. ¢RnuRwoorwF .. _ 6 s a,RRI • / •/L n CURS Pa w FREESE INICHOLS" RAILROAD DRIVE mf T2012 Department of TronsporfotJon z PROPOSED TYPICAL SECTION / ©zolz X. T. S. WHITE SETTLEMENT ROAD E FWWR EXHIBIT C DOT #XXX XXX M - RRMP 4.6 TYPICAL SECTION Sheet 9 0f 25 DESIGN VBK of 6w: F CS11AID 902-48-69T xr CS er _ KAC� STATE CHECK EC TEXAS 01 FTWi TARRAN- wE 9 0902 Ae� JOB JFp 46 1 697 T 5X / Its acFl< r O fFi[ S5 A1A i, (. 0 n u Pl TA 1199.62.15 -all 3.51 NT B ,212PI66. 15 _. - I ,3 _I w < i ct - DAS-C �` RDPERT =TPEET rvEP; kd" dAiL P SAN-- s xOm RJIERT ST°6'TA"T10Ri•AiT.7T 1n 6,.ss IF FACE r- - - OINAL F H4NU BAIL_ n IH iACETR&FF W P L Z J_ _- ji EAGNTR D r w TES ` _ _ - PIEP_1— ITT ry CT �tl L FACE Of STA 22.96.15 of .f 0 Alt a°At" HALI- v-TIER ,nP1 ROp N i SCALE 2IN FEET xO GEPNpE�RA[�L NOTES: L 1' z51PS °FUJURE OVEAY INLACCOROANCE A .ITN AA" 0 LWD eR DESIGN REVISE IWCis En h 4TH1EDITi°ON, D INTERIM Z ESIWOSPEED 0 APH IRiECRTE Y CLASS • UFRAN WINOR Oi 33) 12,200 2043) - 5 S[RCOPOMI00 RAYS �� LOCAT1 _ BE HIS F HORIZONTAL AxpOVERTICAL a1LROL. NOR ZONTp CLEARANCES APE L--ASOREO FRW ° EDGE a 4VENT. NOTES E%PANSICN AND 'F' DEFICITS 6. HALL VERILOCATIONS Of ALL TORSHALLTO CONSTRUCTION. 1. BP�OSE RAH AND PROFILE ESHOWN AS TEOISWTHE OR TEUPSO0E 4RYESIPPORTING SiPVCT1U,RCES F RED. 620 OVERALL LENGTH LF HNN PAIL 1919. J1'Li 919. 31'Ril 610 p.9 9 yyE� - ciN L OF (LE it 31'CT 9 .-. ..._ PAILSRIOG-i 600 165. 69' SPAN I ZZ91461 SPAN 2 600 = k� �.IJIr 590 0 46, 0' SIT 590 T` IN IOtt F E E EE 580 4guI BKWL 590STA EO 01- E 1.5 570 STD _ .. �sS:RFOD3kF'.0 A '- 560 - _ _ ._ _,_ _ _____ #Iwtdrev T N si .@"wtV6 01 __ _ - - n.....e N�aak _.- 560 (_ 4 TE 550 E - 550 _ _ _..__.. _ __- T�>s 540 _ j _ . _ . _ — - _____ 540 �s°NICFIOLS . ,,A&w L,.,� ____ __ _ 530 %D �E 1 Hire 'II - e EA'INING ...nox'15• 53p �'Texos Deportment of Tronsporfofton Sze 4� 1520 , © 2012 510j. u S10 WHITE SETTLEMENT ROAD € olA DR °io I FWRR EXHIBIT C soo �I? vlik4`s0 sHdkF ITTPI� 500 MATE TOP xIn490 � / of IT 6TWE DOT #XXX XXX M - RRMP 4.6 VERTICAL PROFILE 3T1 i13C 79IHiHiP I E31H{HI� 490 BRIDGE LAYOUT 490 180 Sheet 10 of 25 1 .. O SICK FCC. w. 4T0 FOIHNAi ION NOTE, DRILLED SNAFT .VPI s?A 12s•90. oO r - - 4T0 VBR v. _ tteA 4TO Pxortn w ,gyp SHALL BE FOUNDED TO THE LENCIHs EL.592. 9i 1 F[ E xi aT ELEVATION -- GHMR,e6 6 CS 902-48-69T C5 OF w 460 SHJ9H OR DEEPER AS NECESSARY TO L . 950.00' 1 I 460 KAC 6TATE DISTRICT av"T W_E1 a 3OBTAINSHAFT A MINIIALU R PENETRATION EN - 'K • ZO.> AS SHOWN - - Nc 3 SHAFTHICHEVER I INTO TER. To aj © 450 pIG TEXAS FTW TARRANT 450 POOR, WHICHEVER Is GREATER. i 119+00 120.00 121.00 122.00 123.00 ,rn ,,,,,,. I,e �„� i �SJUT I YCY -PROPOSED N LIMITS P:� �•�. % ADS 1 -STA 3. 2, LT 92 -0' 20, y SCALE IN FEET 40 Y mi4� / ST11E2530Z.25 _ Siali2]�19-Oo o N FACE Of / 0 RAIL I _ EI MR W C I E Qf P _1 - -_ W 2 TONIC i — ___ --- • 2 - — - �f (MITE SETTLUkNT ROAD L PLL r - �1 I AT OfMANW Ed _ _ _ •51.59. si IF o ERT R W ITE SETLE4£NL POap 12500-- e�-------96---B-) --- --� - ---- ---- N I24 DO T EH T FIC / ATA E 12 OD STA 266.57.16 0 - 00 i L FACE QE TRAFFIC RAIL (y 5 I� TP!SP PROFILE' -- O r _ e RAIL EC R ITYPI� - Y f_ - _ _. K O N'OOINAL FACE O` UAW RAIL C V-PIER IT O rT JJFRED PRO /r - PLAN AS SNORN 949.31. OY£RILL LENGTH Of MIME ALONG C WIFE SETTLEMENT ROAD_ 620 620 OVERALL LENGTH Or HAND RAIL (949.31'LT. 949.31'RT) 610 - " OVE LENGTv OF LOW POET ILE RAIL 1 9 1 - 6t0 .GOO _ 29.45' SPAN 2 .75' SPAN 3 224,25. 5 = %�V.I• PAN 4 �i 600 ^'^' 59D 35 ]3 • 5 " .._ .. - .. 5 _ NG .. ._ ,a.r n.0 .. _. .. _....... ,. _.... Y. M'R YRACR _..... ... .. _. . 123. ]5• ._131.00• 59� cc -. _ _. ..._.._.. :—Dp Ry RS w v 500 f E1UTURiE Osl Pe55EN ._._S_ 1 s q 1 Cfw E I4E _....�... PLE 5 t _ 580 510 - — s] �5 vL �. 1 560 3-- - E a E 56D HASS 550 d I u -SPj 550.[.O.Q ' 559 FREESE 54p �> MINICHOLS F"' K,_'T=jt` c ... _ .. - E537- 540 530 ROX� - m -- - . 0 _ 00 % w - .. - c 24•x1t• Rw f ',,; GR.CElNw ,�i';� _. 530 DXOS Department of TronspDr1p11a �T 520_ r No9vaL RSEL 525. 00 a 520 , © 2012 13 SIO 20.O1A 510 WHITE SETTLEMENT ROAD oRl11l£D / VERTICAL PROFIL 1z to I-� FWRR EXHIBIT C E SveFi ITYP J LL 500 AFPRO%14ATE iCA AI Ai TE�LTPI� T S00 1 D uu STDR. _� DOT 4 XXX XXX M — RRMP 4.6 490 -�7�IF 1 sT 125496.06 �t=JN=il ' �iBi�E ago BRIDGE LAYOUT 46D ; El., 592,T 400 _ - 1 950 -� Sheet it Of k ¢51w FED. Av. 4]0 - K ]3.0 L__i 4TD v'v ra. xP AID PROTECT wx C'^ FWNOATION NOTE, DRILLED SNAfT t _ VDR P[ ^b SHALL 9E FOUNDED TO THE LEI Fxs - 6 C6u902 48-69] CS x 460 SHERN OR DEEPER A5 NECESSMIG To ( ELEVATION 460 KACCS BE OBTAIN A NINI4AI PENETRATION STATE DISTRICT[CtN1r SUIT 3 SHAFT DIANETERS INTO COMPETENT 01 AS SNO9v u TExAS FTWTARR&W 450 ROCI( 9HICHEVER IS GREATER. - 450 AIGC(NIKOL FICTION r, 124.00 I2500 126^00 127+00 128*00 .1Fn none ea ca] 1- --_ • 20• IO SCALE IN FEET STAi 12951 J.251\ OF HAAM AM Ail KE91 I ONE AIL FACE LCHE W ' a_.ITRAFFIC I 1� 2BAS FRONT W TRAFFIC l KINALp � B 51.55. _ - S A 28.31.16 TRAFFIC Z i6. ,9 PT� CJ -_ _— 132 p O YEMEN IIAci T�PROF �ATCLH IC IL a P A1. It HIIE S itLciENT ROAD i v0. IF MIT A � £ V-PIER tiitrHIIA LFfiA E OS-EJCP At TT C]KRAT ON' TE-3 2 32.96' Cr st Its A 51� B. IRTE Ox PLAN AS srwN 949.3OVERALL LENGTH OF BRIDGE ALONG f BH19E SETTLEMENT ROAD - 620 .- 620 OVERALL LENGTH OF HAND RAIL (949.31'LTI 949.31IRTI " _ 610 iOVE L L ENG X OF ON PROFILE P it 9. ]('LT. 1 ] Pi 610 600 _ .. -. _ .... _ [XD - 2Zd. 5 SPAN 1 113.144 S Bni DGEV RAILS -. _. .. .. ... .... _, _ 600 590 9.50' ,8., 5 ,_-]?'.-__ Np O E ONi `5DCOwEPCiAL 590 m•'r'. viu _ sS.E�! 9T OT*, pp , "t6 .,, n 5�Fit-' = STPEE TH 580 cc �PGL EL 62,69' 580570 'ft $'-`- a ' �RTPIAHING ! S• / Ln PG p GRADE 570 E BRIDGE PROJECT � .560 E 10.9] auvrn ru...0�Cv.uP`r..ro r.. u 550 .vFs<nrny _. _ E E..I.. 3ti1 --- 550 �NICNOLS�,a.,._`.,...,...>:, .. r.wm i i..eu 540 YEAR .. ... .. ..u...r.. - F1 Rn DD r ];,;- L}E -eR �` 'Texas Department of Transportation wwGE. 520 .I.. .rl� I E IRING .1 , ©201Z ILI c 510 WHITE SETTLEMENT ROAD MILLED IKTU'Da so 500 I ' y} SHAFTS s00 FWRR EXHIBIT C i � rAOFPPtu DATE iOP IIDN,J�rac L; Ili VERTtCAL PROFILE DOT #XXX XXX M - RRMP 4.6 nso� �f�T3iF 9 cltyl lr yEH:1 1 4 ° BRIDGE LAYOUT 480 51PiD IRT.PI�. I HYDRAULIC vii Z dB0 SDeeT 12 otN .5 < o 4T0 - I H LIC DATA I� EL52e 4T0 °-z1o. D CGv.K 41D PROJECT W. n FORINDATION NOTE: DRILLED SN ' - - - -t- 'EL EVA T'i ON - ; : O' � � Kc v ^`. of moo: rC L SHALL BE FOUNDED To THE LENGTHS : lDo E FT ]rS O _ .N1 S 6 C6 9D2-48 69T 'c[T 460 DEEPER AS NECESSARYTO K OBTAIN°A YINIWr PENETRATION OF V 9911 FT/S a5 SHOW 3•B 460 KAC STAFF 9TPic KNxtr 3 DRAFT DIAVETERS INTO COMPETENT _ 950 AIG TEXAS DISTRICT TAflRANT 450 POCK, WHICHEVER IS GREATER. Z n z 128.00 129.00 130.00 131.00 132.00 THI ST�N.KT1u�4xTTyHA1AT�6K0.R5 WNO1 1111i1ME -ON1ia n FOPF l OCUSIA:CE WITTHH - U.S.- ENGINEERS. T`Rx15' 71 ��__ u Ott ! (EXISTING BRIEF — --- -j A OF LIMESTONE BY OTHERS rOI us ABMT I V-PIER 2 V-PIER 3 V-PIER 4 V-PIER 5 ABUT 6 IlDnic LEFT V-PIER CROSS-SECTION 0 50• 100• SCALE IN FEET 5 It CLpx AO' nL21R CLR - ' ew'sg.., �«a%15•_ ,L H town --------- ---- ---- ------ --- ID --- w.,r M,. (BY 0r aqf -1--- - __-_ ---- - - - - - --- ., ,.. It �rrl-IN: IN pI E%ISnxRcanxJ -- --- - - ---tt - -- FREESE ....r....... MINICHOLS m Ym'n' pq\�Ints Mt `-APPROX A� " go"® esos Deportment ofaTrons ortatlon a IPZ$TTWIE BY SINNERS , P P © 2012 WHITE SETTLEMENT ROAD E ARMT I V-PIER 2 V-PIER 3 %-PIER 4 %-PILR 5 AM 6 FWRR EXHIBIT C DOT 4XXX XXX M - RRMP 4.6 VERTICAL CLEARANCE DIAGRAMS RIGHT V-PIER Sneer 13 NET 25 CROSS-SECTION vea AID fnlAtl KIDof 6Ri 0n: r CS L902-48-69T xI CIS KAC6 STATC D1 r AIG TEXAS FINT TARRANT s�cr 3 JF0 0902 MUCH 69T i iarvv icu*vu in+w 1Z2+DO '123+00 WHITE SETTLEMENT ROAD -NORTHBOUND 0 20• ao• so• SCALE IN FEET /L �r Texos Deportment of Transporfotfon WHITE SETTLEMENT ROAD FWWR EXHIBIT C DOT ttXXX XXX M - RRMP 4.6 PROFILE AT CL BRIDGE PIERS � I 14 FWWR ROW 106.6' WHITE SETTLEMENT ROAD - SOUTHBOUND ICLE CLEARANCE Texos Department of Tronsporfotlon WHITE SETTLEMENT ROAD FWWR EXHIBIT C DOT #XXX XXX M - RRMP 4.6 PROFILE AT CL BRIDGE PIERS -J 15 �9gm SieGE 1 SidGE 3 STAGE A STAGE S STAGE N RFfTiON � I N STAGE I: CONS RUCs cNT DRILLED SHIFTS AND V-PIER DRILLED SW DR USACE TO TNEIF LL�a SSHHUTS. REFER tEE ppRR d ET 14 Od.Y�SA CCOME RRUCT CN MILES S DEADLES FDA C004N1NAi iPm"1 SE VEODIINESTTD COMPLETE ONSTRUCTION. — STAGE 3: RETPI INPUCTT TELLIPTICAL CONCRETE COLUINS, COLUMN TRANSITIONS, ABUTMENT CAPS AND ;SER�ENTHE V-PI["LEc5r"SLLm¢s�FULLY uSiE"E xEEOp SRTDYERLEGS. ElaMeRvPrO1T� USAGE SRARYSieGE S: CONSTRUCT HAFTS. �® AGE 4: POST-TENVCH THE -PIER LEGS IPHILE 1 T ALL NE DUCTS IN THE IER LEGS. EW ���� E OATTAUT REACHED T)WALL ESPIA LEGT UUS5��CCEE Pq` L' AMTPSI, LT IRA"iM SXALC AOONST TN£NSUMEdTHEnv IDEre EN" rED SHAFTS IBYLORHER51 Eu? FHE Y RM.LPYSH"Mllic"G FKTIE SS i CL TIMESDURING STREiSINGGHEEJ Y THED"-PIER iFTER CRWWT iLT _ CTOR SHALL ETLi1TOSEAT HE T M EACH P PRIM INSTALLi NG THE CONSTRUCT �[ BE" NGS.ELOJUST BEARING THE THICANE55 AS NECESSARY. PO LL 1FTEN SaCE STAGE Sz CAST -IN -PLACE A PORTION OF THE BDTIOM SLAB, WEBSOfBOX GIRDERS. THE CIA SWPTS �(1 ' COAL ratKTNCLS":T[LOEVEA FY THEEPCOCARIOBNS OF TgERupsiSQ �"iLiEO sgNiFpT GSET ID pq — sHsii"fMTTON"CEiC%SiEopY zF"ONE Sl9EA STRRUSCTIRiE o TOIL SHEESS FCO CAETENGRi1V,IsfCA ?-L 1 ` STAGE PRESTRESSEED T E BEAMS. T REAMSLL gE WPpppp}EO qy T����pP Y it L: S p 5� C N{EP OF T%PMARY SrUpP FM IE 9EAV SFA NE L CATER WITHIN it I 6�"!PM T E 1E" EW END5. HE IE BE16 WERE NOT DESIGNED FM OSIe- �aa LOADS. EACH-EkGiLA 5000E S.M RTOCMS THE EACHE H BEW OTEMPORARY SEPPORTAFTER [ND 5Nx t POST(E,(R ;oyllsWWIy� ME DINNAPTHE My HpHRAEppGpMS OCHHOWI[ CA HUUUE E "I" STREINtIll OF ITAREVIN THE TTIgET SCAMS. M N01 APPLY M CPTETRUSiCEE-PIER 5 ETPENGi�N" f525W PSPiAPT•OST;T(NS OYEZ♦1 dGREACHED, �OF IION Oi_THE SE DUCTS IN THE UPERL$I"& MEE URILLEO 5HdFTS FIAT PEE JENCESOF S" ESS MG. DRAW THE BUGLE NO EADPWnT AN OW"READYCTLOADS M ILSTHEEG OUT REACHES COMPRESSIVE STRENGTH DEC 5 PSI. Ep f TEMPORARY IM TOWERS E CdiTp STILE :OA 115SVAEE� YEeGES 11� E IDeNSION pq� TNER EFFECT VSiEaNS .:J E RECESSLPYTO RIO FREEVENi LM TIW NLL (DING WyFA&� EP 5N NG OVERS OSNSNVM THE V-P� R LEGS E ]I. cphp�Ui p`` 1xEI THE SiAENGRTNE0i5.ESDROFPSI, LY M REMOVE LOADS UNTIL THE OU H SEREACHEO WHIM.,. � {�" f.FNERpI NOTFS 1 V It I ` " ALLOWABLE CINANiRTUHGTRIMECOLOAD WILLI BE It EXCEEDED.N. `1 STAGE T •� Lv - 3. [MTRdfTMILL GRES V IN IS DESVPMtt15,'G MPOR_ H�NI:G OECMIi REO�EIneSieEPTDPEPq,€ySR�xT T"OENEP A MAKING 0FOR e�lPRyRaL INO TDRL J. 1 iEpEf SEDUCHCONT E CONNIILUC M IS PkS6a 51B E EM THE DESTGNBE VISIONS. S REV IS MSMSHALL 8E S�G"� A5wp "EY'sTE" °SR.PL NSAPPROVED�'6WAS. THE ENGINEER OF RET�x •. § iN`S kUXi'AC URER WOR°TExEKOISC [ T FDA IVED BY D SEtI HEIGHT, E�OSTtEE�"ALLLJICCA0. OW S' UPILEEEDD SxAPI LM ATt DNS. FOP G. THE TRATNAOPERATIOON UNEESE"PNOVIDED KITH CONSENT FROM EVEN. T 11"iOCTMiiEETRACiNON<O"SLHUCII ION QEeniNCE aEeNMCEDI AGRl!"SHEET. I CAL e. W hq7 INSTAELLL��RtTEN17ARYSHASUPPORTS Mii WATr SLOCATHIT USA5T DRILLBE ED SHAFVEDIS. TxPEPExCIHEEF OF ACCORD AND USAGE PPIOP TO INSTALLATION. Nis arvwtwaltio Wf1Y1CHOL5am T�lwa �' Texas Department of Transporlollon / © 2012 WHITE SETTLEMENT ROAD fWWR EXHIBIT C DOT UXXX XXX M - RRMP 4.6 CONSTRUCTION SEQUENCE Sheet 16 of Z5 VBX Oi6w. f-CSAI AID 902-4B�--69T Xt At)N1 CS STATE XACCS C DISTRICT TEXAS ITS TARRANT oE« 16 STeLE e STdGE 9 SteLE it SieG[ T3 STeLE B: CAST -IN -PLACE THE BDTi OV S 48 GBTHS � SMAIND E EHALE OCOEuCRET SBRROPOI iEG BT ALL NOi CASTE0. ipBERS. E ipcE OECN e_ STALE 9: ER ER STR%CESOE REACHES CGwRESSi VE AFTER ' pN 5wN-rtR EiWC11w.T7 S E spi-=TzHSiONIIRNG DETIRELSENTIRE NOT F 0.4 RE V LOAD 11. E' WI FEeA[1N0ET P St �E�EEENxSICNINGO TM OF BUPPEERR STIRYCTAFTERPEWVE IND TEIPOR.ART 1WRINLGTagus. UNEt STALE t CONTkACIO9 SHALL SURVEY THE TOP OF NEB ELEVATIONS D i tEi�T = T� NG NOT s DECK gI R ORjV P ILE. SEMuCEE 1t5 MEETS. SE LAB BEI SCE FOR ET `AB TICTAi5 k ON JOINTS IND >IPPWON JOEHIS. I[NSIONTROIN PI E TAPPLYOF RE E IS DS LNiit TS1 GRROUIT HAS REACTED a INIM.EEN TPPRVvENL1 a 50[0 STALE :1I SIVE STAiNCIRRE F'&Af ONFTER THE SL45 NOOBEPSI� PFSMEx5EOfRATSR OOFF IN tiS DETAILS FOR SSEOJNCE OF STREASSISHNEOJ LMO IRE DUCT REACHES IVE STREx 1H SOP 50p PSJ,� POST-7C��[N 1OOyHOT AyRTR"WJRISAE EE yx ixE C1Rt�LRWI T ,}Y,,p`�'p� S AND DpqO1FpNpOpF ?pDIOR R ryE L e11 ppWT` TXE SEEJSLAABBATANNNNN MSTT---TENNS IONItG E#AILSPFO TRANSVERSE STeLE �V: TENDONS. SCALSERFCRIS,KpT1 IaiL NIAKNLTAF CALPEESnFIlSNO WE /2. ®Y Tezos Deportment of T�onsporlofton WHITE SETTI EMENT ROAD FWWR EXHIBIT C DOT >#XXX XXX M - RRMP 4.6 CONSTRUCTION SEQUENCE VBK I D vJ JOB I I - -- --_— — -- — _ _0 10, 20• dO SCALE IN FEET FUTURE E ' ifvi J— — ROv GENERAL NOTES: '— I. MIDGE DESIGNED FOR W53 LOADING [AND A WITH AASHTO FUTURE MIME3DE5ICGY�OdNCE N ECIFICATIONS, AN EDITION, AND INTERIM IEREAAL REVISIONS THERETO. SUiVEY� 2. DESIGN SPEED � 30 HH N 22.18,12.17,E NM UTIAI CLASS t USISM MINOR ARTERIAL I. \. T 120t3i • 12.200 p SEE ROADWAY PLANS OR LOCATION OF 99.00 . W 00 101,00 1 2•DO 3 eENIwaRKS FOR HM12MTAL VERTICAL RR1P INCREASE C 0.. d HORE20F ONTAL Q.EJTWCES ARE MEASMEO FROM 5. 'E' DENOTES EXPANSION AND 'F DENOTES FIXED. _____________- 6. CMIRACIM SMALL VERIFY LOCATIONS M all -_---__--.__ UTILITIES PRIM i0 [MSTROCTIOH. FAre T CAOOLETED XTRVCTORE.ISEES E� HOWN AS SiFL4iUFE5MflEFW REWIRED. PMTIXG R. RAILROAD STATIONING FOR THIS PROJECT IS TEMPORARY O TO THE DESIGN PURPOSES OF HIS PROJECT ONLY. �1 PLAN 6C0 640 IS30 630 620 .._. .....I` 620 610 _% HVews- 610FOIL. --- t Or 0 5 ..... 590 ' 590 S00 $so M93 .T r.e r yr 570 ..so �BNICHOLS F ";w�"'r..>d 560_ 560��� 0- TOR OC .RAIL -. 550 550 A�Texos Deportment of Tronsportofion _ _______________________________ ___ _00 540__________________________ ___________________________ Ar Q 2012 540 530 530 WHITE SETTLEMENT ROAD E szu 5Z0 FWWR EXHIBIT C DOT #XXX XXX M - RRMP 4.6 20 sto 510 RAILROAD PLAN AND PROFILE 500 ^ 600 Sheet 18 of 25 ago 1_ 1: ELEVATION: m1hW a OCK& AID PAO,ETT M HIO T .. ago vex . 480 _ •LL s�R of him: EL CS 902-48-697 CS T _ 4 80 �KAC� TATr 410 470 TEX45OADYCL D1FTWTSECLIAt I RRANT LI �z 99+00 101.GO 102.00 irn .. Itee-, 18 -- - - - - -- — —— - -- - - _. SCALE IN FEET - - _ - LEE- FAIR EE - - ------------ _ GENERAL NOTES: i. 6RIOGc DESIGNED EK NL93 LOCOING (AND A � � WITPST AAEN20 LRFOEM IOSEIDESIGNR00.NCE 6FROOM REVISIICAIOWS TNERLiO H EOITIOII. AND INTERIM NOV 2. DESIGN SPEED - 30 UPH —__ N 22 18'12.17' E IMMORAL MORAL GLASS • MIAN UINDR ARTERIAL 103.00 104.OD _ — ' — -- IDS," 106 00 y RRIP INCREASE RROO.ARADSYFOR H6R120NTA�LAeupl ENTICAL p4TPOl. s. HORIZONTAL CLEARANCES ARE MEASURED FFOU EDGE OF PAVEMENT. S. 'E' DENOTES EXPANSION AeRD 'F' DENOTES FIXED. TIS0CSTi3 OF ALL UTILITIES 1ONTRUCIW - _-.__..❑ FePR T. BRIDGE PLAN AND PROFILE SHOWN AS ROR� O CONSTRKETEDUCTION STRUCTURE. TEMPORARY SEE SEQUENCE IN ORUCTURESSttR EIPPART SUPPORTING STRUCTURES REWIRED. R. RAILROAD STATIONING FOR THIS PROJECT IS OFARPAOJND FOR THE SIGN PURPOSES OF THISn PLAN 640 - 640 630 _ 630 v 610 610 600_ _600 t n 0 590 590Float �S•/L 580 _ _ SRO_ "so ��'�" w 3 5r0 570 FREESE �BNICHOLS two am � so 560 560 _- .. ' sso TOP of RAu 550 ®Texos Department of Transportatlo ------------__ © 2012 sao ---------------------- ------- --------------- ------------- ----------- 540 530 sso WHITE SETTLEMENT ROAD E 520 520 FWWR EXHIBIT C DOT #XXX XXX M - RRMP 4.6 510 sw- RAILROAD PLAN AND PROFILE 8 i 500 500 D ne nee 00 4901. . ELEVATION � VSK PTEXAS ..s.,,, ,,N ,Ract„a H1AHX, -TT L470 VB C "a ..11.. CS 902-40-69T CS _ 460 KAC SSTATE - or 4T0 n _ C OIST TARRANT x - 103.00 104.00 105.00 106.00 JFD4P� 640 630 620 610 600 590 Ld 580 570 560_ 550 540 530 E 520 5io 500 490 480 470 _ USLY AGEE� FWWR ROON-\ -.1 I OT•UD 1 OT�00 PMJ 6E�Ce�L StmvEY� N 224I6'12.IT• E ' IOd •OD - - 109 OC I10 00 -� Ili DO Rftw INCREASE Qlm n PLAN n ELEVATION. 109�00 n o•Do TOP OF Re IL o ID' 20 scAE Ix FEET 40 GENERAL NOTES• I. BP IDLE FUTURE ERR NL 93 LOCOING ICED A 25 PSF FU OVERLAY) IN SIGOPO1NCf •ITN aeCATI NRFO BRIDGE DESIGN PEVI EIIONSTTMNETOTx EDITION, e1q IxiEP1Y GEWCTI OVALE0.URBAN MINOR ARTERIAL apT 12013112,200 3 BEExCRhuaPKSTPLANS FOR NOPIZ�AN LOCATION VERTICAL [CNTPOL. A EDpEZRFTAL C1¢NATANCES ARE MEASURED FROM PAVDENOTES EXPANSION AND 'F• DENOTES FI %ED. IESS PON RIM TOALL ECIOYS LOCATIONS OF ALL BP IDLE PLAN AND PROFILE TSHORN e5 ED CAaLETTIO PFORRUREMFWAR'ERUUPPPPORTEhCE ING StPIN.TVRES REWIRED. LP�OARYSiaµe FFOR THEE DESIGNPRPDWPU OSESS OF iN IS PROJECT ONLY, fi40 630 SBO HL93 .>• F aw 97o FREESE �INICHOLS :. 560 �`•`�"'• 550 C% EP(' Deportment of Transporlotlo 2012 530 WHITE SETTLEMENT ROAD Szo _ FWWR EXHIBIT C DOT #XXX XXX M - RRMP 4.6 slo RAILROAD PLAN AND PROFILE .500 Snee+ 20 of SUN FED RD 490 ii VOK Y Cpxu AN) PROrzc* D1V,ju[Z6Yn. CS 9D2-48-69I NICS` <00 HAG 4T0 TE%AS DI FTMT TARRANT SmET 20 62D 580 57D 560 550 540 530 520 510 E 500 a9D — 480 = 470 AI mw 460 g � $TA i25Ro2.25 EDGE Or PAVELLNT CC \\ SUURRFRw VEY ZT .- ._ ._ ._ _ II 00 Alm a HNANOAALL� PIFIC R6Oi 112.00 Ii3.00 k WRITE ITE SETTLEVENT ROAD AM 0. FAIR RON-\ ._ OF MIN PI CLR EXISTING CROSSING iTOOOEKCLOSED 10 PUBLIC IC 22.14.12 t" E 1 \ \ 5p 1F 4 RCAI INCREASE 115 of C OF 'fAND RA I 1\ Nil TIC RAIL OF 1 n PLAN S RN ITE SETLIEVENT BEYgB llrvlm Tn :�E LEVAT ION. .L 114.00 40' SCALE IN FEET GENERAL NOTES: 1. BRIDGE DESIGNED 93 LOADING AIA A 25 PST OVERLAY) IN DANCE IEOITIONv AMO SPIECIKICt ION , 41111PU INTERIM REVISIONS E ETO. 2. DESIGN SPEED A 20 WHH FUNCTIONAL CLASS2OO BAN MINOR ARTERIAL ACT J SEE ROADWAY IZANRII%•00 BEEWSPFOR HORIZONTAL AND 4. ARE WAGERED FRW HOOORIZTAALL CLLEEOF IARANCES S. 'E" DENOTES EXPANSION ANO 'F DENOTES FIXED. 6. UTILITIESBPRIORSNAR FY `UCTION. OCATIONS OF ALL TO CIO45 T, BRIDGE PLAN A" PROFILEiSHORN AS CONSATR PaSUCTION FORTEUVANN T SUPPORTING STRUCTURES TRUCTURES REQUIRED. 9 RAILROAD STATIONING FOR THIS PROJECT 15 TEEUTGjSRYYk ANDTFOR THE DESIGN PURPOSES 620. 610 590. APO FFv_ 5R0 I/l�/F _ p �• 570 _ 560_ M93 •' 550 FREESE MBNICHOLS ":"gi 72SIP411 540, .. ... 530 ANO' Texos Deporlmenl of Tronsparlo/(Dn 520 , © 2012 510 WHITE SETTLEMENT ROAD S00 FWRR EXHIBIT C DOT #XXX XXX M - RRMP 4.6 490.-RAILROAD PLAN AND PROFILE 480 50eef 21 of 25 EC u R 470 V6K -v: ocaAtO PROcr No.Geu. 016NQ. ES 902_49-G9T x1C5Ar 460 ®KACCS STATE 450 C TEXAS DISTRICT FTKTARRANTJwTv CT 116.00 ,cn ..,,,.� III,�..� zI NEN SEE D]%ST%Y% Y%kSSUITPo ROBE%[%DSEO i0 F sxwTRliiuoiolNG TD PEwlx Da�ZCLFENCELF IST N% \ IC LEYfEE (NOT INT[� Pe[TI I I i X / I 1, I DEVOLlSH CIRB LEVEEE FLEX BASE PAVEMENT SECTION O' 20' SCALE IN FEET AD GENERAL NOTES: RESPOxiI B IL [TIES OF THE STATE OF TEXAS OF ITS CONTRACTOR I. OEwLISHa%IEHWD PWHITEOFETT EVENT ROAD PAVETENT/CURB OF 2. PROYIOF ALL TRAFFIC CONTROL DURING CONSTRUCTION IN DANCE WITH THE GUIDELINES HE TEXAS .JTCO, RNAWIND THAT NEEDED "ILE ROADWAY WORKERS RE PESEAT. U.SI xTAIN POSITIVE DRAINAGE. K. % ST*LLL LOCKING ACCESS DATE AND CABLE FENCE FOR FISH s. lR lu AND NAIRTAIN TREES YEGETAIION ON Ju11SDIC- 1IOXAL PROPERTY FOR ADEQUATE VISIBILITY OF THE AC I VIEDOEDNONNSTHE TITLENSHEE*APHIRG SIGNS AS B. AOWJ INSTALLEW W TTHINAAC FAIR HOW ADJACENT TO NEW H C, i. APPVEL MINE CEENTER SIEWLIIi AL WS, FIFNITSHH AND INSTALL ASPNdLT PAVEUENT TO MICH THE GRADE OF RAILROAD FLAWS. a�E5P0EiDB�ITR%DTS�OF THE Ftlli xOATN AND WFSTEPx RA tLR0A0 TBRIUDFECONLETR IUCWOTIFON�. MPRO%IUATELY iD0 DAYS O4R ING IVPTE CPOSSIM ,NTD BESACCES EO dROAD BCROSSING Tp A TReD. S SIDXiLRARUSE CONSTRUCTION TAFFIC FION�ETE, REAgvE ld Pyta S 2194 r1�YNICH0IES F"... 7.7411 a-7f'Texas Deportment of TronsporfaJJon WHITE SETTLEMENT ROAD FWWR EXHIBIT C DOT ttXXX XXX M - RRMP 4.6 ROADWAY CONNECTIONS JZS � 24 F llt SYEEL PIPE N1 TN [W.rREYE fl 2'O: SYEEL I ( I y' TN1CR tEEI WELDED CONSTRUCTION TO CATE LEAP 10 RICE IYE �LDED CHAIN L1TE AIE1 PAD LOCK 0 ar NDYE I YI RE POPE SHALL XAVE A YIN. 00.EARIN4 STPEHLYN � Ce}1PLEP� UEYELING"iHED"EtSiLL BXEn4 iXGSs PExciN THE HOPE. 2.CCESS WILL WILY BE PROVIDED TO FNVYR AND THAD PERSONNEL flue TILLAR STREET a WHITMORE STREET 3 __-�_= ./ Q �. /WHITE SETTLEMENT ROAD ' O i s Railroad Truck Routes m WB 67 ; 0 DURING HENDERSON PROJECT m> H October s, 2012 r M kT d L 26 TILLAR STREET cto WHITMORE STREET A m 2mm T yi s Railroad Truck Routes 3: m � WB-e7 'nl; DURING WHITE SETTLEMENT October 2, 2012 D . C .11 i FINat PLANS NAIAE OF CONIRACOR: PATE OF LETTING;—,.____________—..__ PATE WORK BEGAN+ ..— ATE WORK COMPI.ETEG: DATE WORK ACCEPTED: 5W1<dPv OF CHf.HGC ORDERS: THE ACCORDANCE SHALL PROVIDE AND ERECT AT NO i,'d9N01C SIGNS 1N gAT OTHER POINTS BC DIRE THP.pBY BC 1ENGINE AT PDiNTS INO7CdiCC AND FT OTHER POINTS AS DIRECTED G% THE ENGINEER. TOLR INSPECTION R£OIIUTED HENDERSON STREET' (S.H. 199) TARRANT COUNTY FEDERAL AID PROJECT HP 2008 (34.1 CSJ: 0171-05-091 LIMITS FROM: AT BYPASS CHANNEL. ION HENOERSON) LIMITS T01 NEAR COD k TF•INIIY RIVER ROADWAY TYPE: V655.41 IT, D. 31s MI, TOTAL LENGTH OF PROJECT BRIDGE 806. UO FT, 0.153 M(, TOTAL A 2471,41 FT. > 0,466 Mi. fCR THE CONSTRUCTION OF MISCELLANEOUS WORK CON Sl Si1NG DF: GNAUi NC, PAV1 N'^v, ORICGE, PAVEMENT M4RK1liG AND SIGNING., NORTH MAIN STREET (9U 287P? TARRANT COUNTY FEDERAL AID PROJECT HP 2008 (3441 CS.:: 0014.01-022 LIMITS FROM: AT BYPASS [NANNEL (ON MAIN STREET) LIMITS LO: NEAR TRINITY RIVER fl� OADWAY t, 389. 56 FT. • 0.263 Mi. TOT<I. LENGTH OF PROJECT •RIDGE f49.e2 F7, 0.035 Mi. OCAL • 11839,3U FT, • 0. 3481A1. TYPE: FOR INE. REG.ON5IHUC110H OF E%ISTINC FACILITY FROM 4 LANES UNDIVIDED i0 A LANES UNDIVIDEB, 11i"'WING A NEW WRIDGE. r CNSI51ING OF: BRIDGE GRADING, PAVING, DRAINAGE, PAVEMENT MARKING AND SIGNING, WHITE SETTLEMENT ROAD TARRANT COUNTY F EUENAL CS. PROJECT HP 2008 t144I i S J: 0902-48-E97 LIMITS FROM: AT BYPASS CHANNEL (ON WHIT[ SETTLEMENT LIMITS 10: NEAR TRINITY RIVER ft ROADWAY TYPE] 1439.01 F7. C, 2T3 MI, TOTAL LCNGTH Of PROJECT � BRIDGE 949,31 FT, 01180 NI, TOTAL 2388. 32 F7. 0.452 MI. FOR THE RECONSTRUCTION OF EXISTING FACILITY FP.CLI 5 LANES tANO)vIpEO TO 4 LANES UNDIVIDED. CONSISTING OF: BRIDGE GRADING, PAVING, DRAINAGE, PAVEMENT UARKIKG ND SIGN niG. NOTE: Sr[C if 1[.LT7IX15 AOC6:E0 BY lke TEXAS DEPARTMENT OF INANSPOH14110N, DUNE 1, 004, ANO iH£ CO4iF4C? P'nOV151(ktS IST Ep ANG GATEG AS OLL O1IS SHALL GOVERN ON THIS PROJECT+ REOUIREO [UNTRAGT F04'IASIONS FOR ALL FC OCR At AIO CCNSiRUCTION CONTR4CTS fTORM rHWd 12T 3, M Y, 20121. s�•a��•�; �avHWAY iMPROvrMr:N� Exhibit D White Settlement Rd - Overpass Agreement P. 1 of 1 HENOERSCN NO;iiH MAIN RHI ir. SETILEK9:NT DE51^vx CPEED • d0 Ap+N DESIC�•2EE0 : }p �uPN OE SiC1/ SPEED • 70 AfN ROT: Ji _I00 34`2O,. iTOacO 1(I200a131j AU 1: IZ. 200 (20f71 ADT: 3°, 00 (2D141Z2C31 .,4900 12033T 42 SGO 20341 1600 (243) 4T,20e (20441 'RNNOAFRYJ'3 ARE 1k"A45l: FUR T4 MPH' VOLUME PREPARED PROJECT 0014-D+-022 I JO.62. E8 D21p-o. 4cs 1 E. 6fi5 BY: �iHNNOLS 'OlICUPRENCE+ Sik! ZQ 2014! ER'p�p CITY 0 2LLIC iVAi5 UIHCCTORATION/ 1 EXAS DEPARTPAENT OF TRAiJSPORTAT I ON NECOMUElRJED FOR LETTING 2J+4 DISTRICT DESIGN ENGINEEN F ONDL EiTI� Eeb 2D1, FDq LE iViI 0"v f 20fA • N0 C%CEPTICNS � _ GG � � _ _ P.E. P. E.f S RAILROAp CROSSING ISTA. 120•ti. t21 SNlET AREA EtIGIHEER DI kEG TDT, TRAFFIC WERAIIONS DIVISION t1MA flAlLflOAD CROSSING (STA. :10.61. ]TI SHEET 794 A5R RA7LROAp Ck0553NG IS!A. 124.15. 561 SHEET Y76 RRAlO COJRTI. HEC01y'NOEU /L •• 4Ly 2014 APPROVFOR LETTING _ [614I E TYING P. E. L 7n)4 h% to xOs Oe{>¢tWp 1 ct irmsa�ric{ton; c.t riy,fs reterve„ D7 T ICY rENO1NEEN Di P.E'C.TOP, DESIGN DIVISION Exhibit E. Right of Entry WSR FORT WORTH &WESTERN RAILROAD EXHIBIT E CONTRACTOR'S TEMPORARY RIGHT OF ENTRY AGREEMENT (Tarrant County) CSJ 0902=48-697 City Project No. 00144 White Settlement Road in Fort Worth Overpass DOT TBA, RRMP 4.60 Public Grade Crossing Closure DOT 672 929T, RRMP 4,60) THIS TEMPORARY RIGHT OF ENTRY AGREEMENT ("Agreement"), dated , 20_ (the "Effective Date"), is made by and between Fort Worth & Western Railroad Company (hereinafter "Railroad"), and (hereinafter "Contractor") in accordance with, and as provided for in that one certain Highway Overpass Agreement effective , 2014 between Railroad and the City of Fort Worth ("City"), a true and complete copy of which has been provided to Contractor by the City (the "Overpass Agreement") with respect to the Project, as such term is therein defined, to be constructed upon the Property, which is owned by Railroad. Capitalized terms used, but not defined herein, shall have the meanings given such terms in the Overpass Agreement. Contractor acknowledges that it has carefully read the Overpass Agreement and is familiar with all of the terms and conditions contained therein applicable to Contractor and its work with respect to the Project. Subject to the provisions hereof and the Overpass Agreement, Railroad hereby grants to Contractor a temporary right of entry onto the Premises from 20_ through 20_, solely for the purpose of constructing the Project. 1. For purposes of this Agreement, all references to Contractor shall include its contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. 2. Contractor shall comply with all of the terms, conditions and requirements set forth in the Overpass Agreement, including but not limited to the Plans, relating, and to the extent applicable, to the Work to be performed on the Premises or, with Railroad's consent, on any other property of Railroad and to discharge each of the City's obligations under the Overpass Agreement with respect, and to the extent applicable, to such work. Failure of Contractor to comply with any of the material terms, conditions and requirements set forth in the Overpass Agreement shall entitle, but not require, Railroad to: (i) terminate immediately, and until such time as Contractor so complies, Contractor's right, and the right of any of Contractor's sub- contractors, to come on or about the Premises and to undertake any activities contemplated hereunder; and/or (ii) terminate this Agreement upon the giving of written notice to Contractor as provided for herein and Contractor's failure to provide such evidence of compliance prior to the expiration of forty-five (45) days from the date of such notice. 3. Contractor hereby agrees, in the conduct of its operations hereunder, to abide by and comply with all Laws, and to file all reports or statements required in connection with the conduct of its business. To the extent permitted by law, Contractor shall and does hereby indemnify and hold harmless Railroad from any and all loss, cost or expense whatsoever, incurred by reason of any violation of such rules and regulations by Contractor. 4. (A) FOR PURPOSES OF THIS PARAGRAPH 4, THE "COMPANY GROUP" SHALL BE COMPRISED OF: (I) RAILROAD, ITS PARENT COMPANY, THEIR SUBSIDIARY COMPANIES, THEIR AFFILIATE COMPANIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS, AGENTS, REPRESENTATIVES, OTHER RAILROAD COMPANIES, AND INVITEES; AND . (II) CONTRACTORS HIlZED BY RAILROAD AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS, AGENTS, REPRESENTATIVES AND INVITEES. (B) FOR PURPOSES OF THIS PARAGRAPH 4, THE "CONTRACTOR GROUP" SHALL BE COMPRISED OF: (I) CONTRACTOR, ITS RESPECTIVE DIRECTORS, OFFICERS, REPRESENTATIVES AND INVITEES; AND AFFILIATE COMPANIES, AND THEIR EMPLOYEES, SERVANTS, AGENTS, (II) ANY CONTRACTOR HIRED BY CONTRACTOR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS, AGENTS, REPRESENTATIVES AND INVITEES OF SUCH CONTRACTOR. (C) TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY GROUP FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, JUDGMENTS, LIABILITIES, DAMAGES, CAUSES OF ACTION AND EXPENSES (INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES) OF EVERY KIND AND CHARACTER ARISING OUT OF, RELATING TO, OR RESULTING FROM, IN ANY MANNER, THE PERFORMANCE OF THIS AGREEMENT, BREACH BY THE CONTRACTOR OF ANY PROVISION OF THIS AGREEMENT, AND/OR THE WORK OR SERVICES THAT ARE THE SUBJECT MATTER OF THIS AGREEMENT, FOR PERSONAL OR BODILY INJURY, ILLNESS, OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF ANY PROPERTY, REGARDLESS OF WHO MAY BE AT FAULT OR OTHERWISE RESPONSIBLE UNDER ANY CONTRACT, TEMPORARY RIGHT OF ENTRY AGREEMENT Page 2 (White Settlement Road in Fort Worth) I :\03704\0047\N51450. DOCX STATUTE, RULE OR THEORY OF LAW, AND EVEN THOUGH THE SUBJECT LOSS, DAMAGE, INJURY, ILLNESS OR DEATH MAY HAVE BEEN CAUSED OR BROUGHT ABOUT IN PART BY (I) THE CONCURRENT, ACTIVE, PASSIVE, PRIMARY OR SECONDARY NEGLIGENCE OF ANY PARTY, INCLUDING WITHOUT LIMITATION THE COMPANY GROUP OR THE CONTRACTOR GROUP, (II) THE STRICT LIABILITY, STRICT PRODUCTS LIABILITY, BREACHES OF EXPRESS OR IMPLIED WARRANTIES, AND/OR THE LEGAL FAULT OF ANY PARTY, INCLUDING WITHOUT LIMITATION THE COMPANY GROUP OR THE CONTRACTOR GROUP, AND (III) ANY DEFECT OF ANY PROPERTY OR EQUIPMENT OF ANY PARTY, INCLUDING, WITHOUT LIMITATION THE COMPANY GROUP OR THE CONTRACTOR GROUP AND INCLUDING ANY DEFECTS PREEXISTING THE DATE OF THIS AGREEMENT. (D) In addition, except with regard to Windows for which compensation is hereinafter addressed, and other rights specifically provided Contractor under this Agreement, Contractor agrees to be responsible for and promptly reimburse the Company Group for any and all damages, losses or liabilities, including, but not by way of limitation the costs of business interruption and re-routing and detours of trains as a result of, or relating to any activity of Contractor under this Agreement regardless of the cause. (E) THE INDEMNIFICATION OBLIGATION OF CONTRACTOR HEREUNDER SHALL INCLUDE ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILROAD UNDER THE FEDERAL EMPLOYER'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OF THE BOILER INSPECTION ACT. (F) CONTRACTOR HEREBY ACKNOWLEDGES AND AGREES THAT TT HAS READ THIS AGREEMENT IN ITS ENTIRETY, THAT TT IS FULLY INFORMED AND HAS FULL NOTICE AND KNOWLEDGE OF ALL TERMS, CONDITIONS AND EFFECTS OF THIS AGREEMENT, THAT IT HAS HAD AN OPPORTUNITY TO CONSULT OR HAS BEEN REPRESENTED BY LEGAL COUNSEL OF ITS CHOICE PRECEDING THE EXECUTION OF THIS AGREEMENT, AND THAT IT RECOGNIZES THAT CERTAIN OF THE TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE TERMS OF PARAGRAPHS 4.0 AND 4.1), RESULT IN CONTRACTOR GROUP ASSUMING CERTAIN LIABILITIES TO THE FULLEST EXTENT PERMITTED BY LAW WITH RESPECT TO CERTAIN WORK OR SERVICES AND RELIEVING COMPANY GROUP OF ITS RESPONSIBILITY FOR SUCH LIABILITY. CONTRACTOR AGREES THAT IT WILL NOT CONTEST THE VALIDITY OR ENFORCEABILITY OF ANY INDEMNITY OR EXCULPATORY PROVISION OF THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ON THE BASIS THAT CONTRACTOR HAD NO NOTICE OR KNOWLEDGE OF SUCH PROVISION OR THAT THE PROVISION WAS NOT "CONSPICUOUS". IN THE EVENT THAT ALL OR ANY PORTION OF THIS PARAGRAPH 4 SHALL BE DEEMED TO BE UNENFORCEABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION AS A RESULT OF A DECISION OF ANY APPLICABLE COURT, LEGISLATIVE ENACTMENT OR REGULATORY ORDER, THE PARTIES AGREE THAT THIS PARAGRAPH 4 SHALL BE REFORMED TO MAKE IT TEMPORARY RIGHT OF ENTRY AGREEMENT Page 3 (White Settlement Road in Fort Worth) I:\03704\0047\N51450. DOCX ENFORCEABLE AND TO REFLECT THE INTENT OF THE PARTIES, WHICH IS THAT CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS RAILROAD TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. (G) Railroad will notify Contractor of any claim, demand or suit that may be presented to or served upon it by any person arising out of or resulting from, in any manner, the performance of this Agreement, breach by Contractor Group of any provision of this Agreement and/or the work or services that are subject matter of this Agreement, affording Contractor an opportunity to assume the defense of such claim with legal counsel satisfactory to Railroad. Contractor shall not settle any claim, demand or suit in any manner that would impose any expense, penalty, obligation or limitation on Railroad without their prior written consent. 5. PERSONAL PROPERTY WAIVER —ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF CONTRACTOR ONLY, AND RAILROAD SHALL NOT BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN PART TO THE NEGLIGENCE OF RAILROAD. 6. Insurance -Contractor shall, at its sole cost and expense, except as otherwise provided, procure and maintain during the term of this Agreement the following insurance coverage: (a) Commercial General Liability Insurance. Commercial General Liability ("CGL") insurance shall contain broad form contractual liability with a single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $6,000,000. Contractual liability shall afford coverage for sole negligence. CGL insurance must be written on ISO Occurrence Form CG00 01 12 04 (or a substitute form providing equivalent coverage), including but not limited to coverage for the following: • Bodily injury • Property damage • Personal injury and advertising injury • Fire legal liability • Products and completed operations The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • CG 20-10-0704 and CG 20-37-0704 (or substitute forms providing equivalent coverage). • The exclusions for railroads (within fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings) • Any exclusion related to the explosion, collapse, and underground hazards shall be removed and shall be indicated on the certificate of insurance. • Waiver of subrogation • Railroad named as an additional insured. TEMPORARY RIGHT OF ENTRY AGREEMENT Page 4 (White Settlement Road in Fort Worth) I:\03704\0047\N51450. DOCX • Contractor's insurance policies must include wording which states that policy(ies) shall be primary and non-contributory with respect to any insurance carried by Railroad. (b) Business Automobile Insurance. Business Automobile Insurance shall contain a combined single limit of at least $2,000,000 per occurrence or claim, including but not limited to coverage for the following: • Bodily injury and property damage • Any and all motor vehicles including owned, hired and non -owned The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law. • Waiver of subrogation. • Railroad named as an additional insured. (c) Workers Compensation and Employers Liability Insurance. Workers Compensation and Employers Liability Insurance shall contain coverage, including but not limited to coverage for the following: • Contractor's statutory liability under the workers' compensation laws of the states) affected by this Agreement • Employers' Liability (Part B) with limits of at least $1,000,000 each accident, $1,0005000 disease policy limit $1,000,000 each employee If Contractor is self -insured, evidence of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the Federal Employers Liability Act, if applicable. The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: • Waiver of subrogation. (d) Pollution Liability Insurance. Pollution Liability Insurance must be written on ISO form Pollution Liability Coverage Form Designated Sited CG 00 39 12 04 (or a substitute form providing equivalent coverage), with limits of at least $5,000,000 per claim and an aggregate limit of $10,000,000 with a deductible not to exceed $100,000, TEMPORARY RIGHT OF ENTRY AGREEMENT Page 5 (White Settlement Road in Fort Worth) I:\03704\0047\N51450. DOCX Contractor warrants that any retroactive date applicable to the coverage under the policy is the same as or precedes the Effective Date of this Agreement; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the extended discovery period will be exercised for the maximum time allowed by the policy. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non -hazardous materials form the Premises, Contractor shall be responsible for any and all losses, claims or demands experienced by Railroad arising from the disposal site operator accepting and/or disposing of such materials. (e) Umbrella or Excess Insurance —Umbrella or Excess Liability Insurance must be written on a "follow form" over the insurance coverage required in Items A, B and C above, with limits of $10,000,000. (f) Railroad Protective Liability Insurance — Railroad Protective Liability Insurance ("RPLI") must be provided by Contractor, or its contractor, prior to commencing, and at all times when, Contractor or its contractors are performing any work on the Premises. RPLI shall provide coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy shall be issued on a standard ISO form CG 00 35 12 07 (or a substitute form providing equivalent coverage). The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • Contractor named as the insured • Policy shall not include a Deductible or Self -Insured Retention • Pollution Exclusion Amendment • Limited Seepage and Pollution and Contamination Endorsement • Evacuation Expense Coverage Endorsement • No other endorsements restricting coverage may be added Other Requirements (g) Punitive damage exclusion, if any, must be deleted, which deletion shall be indicated on the certificate of insurance. (h) Contractor agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of subrogation against Railroad. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of their owned or leased property or property under their care, custody and control. Contractor's insurance shall be primary with respect to any insurance carried by Railroad. All waivers of subrogation shall be indicated on the certificate of insurance. TEMPORARY RIGHT OF ENTRY AGREEMENT Page 6 (White Settlement Road in Fort Worth) I:\03704\0047\N51450. DOCX (i) All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shall name Railroad as additional insured. Severability of interest and naming Railroad as additional insured shall be indicated on the certificate of insurance. The coverage provided to Railroad as additional named insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. (j) Prior to commencing any work, Contractor shall furnish to Railroad original certificates) of insurance evidencing the required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. Contractor also agrees that: (i) Upon request from Railroad, a duplicate original of any required policy shall be furnished. (ii) Failure to provide evidence of insurance as required by this Paragraph shall entitle, but not require, Railroad to (i) terminate immediately, and until such time as Contractor provides evidence of insurance as required by this Paragraph, Contractor's right, and the right of any of Contractor's sub -contractors, to come on or about the Premises and to undertake any activities contemplated hereunder and/or (ii) terminate this Agreement upon the giving of written notice to Contractor as provided for herein and Contractor's failure to provide such evidence of insurance prior to the expiration of forty- five (45) days from the date of such notice. (iii) The right of Contractor, its contractors, subcontractors, agents and employees to use or occupy the Premises in accordance with this Agreement shall cease immediately upon Contractor's failure to provide evidence of insurance as required by this Paragraph and shall continue until Contractor provides evidence of insurance as required by this Paragraph, subject, however to the right to terminate in (ii) above. (iv) Acceptance of a certificate that does not comply with this Paragraph shall not operate as a waiver of Contractor's obligations hereunder. (k) Any insurance policy shall be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance 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. (1) Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's �2isk Management personnel and /or insurance broker who have been instructed by Contractor to procure the insurance coverage required by this Agreement and acknowledges that Contractor's insurance coverage will be primary. TEMPORARY RIGHT OF ENTRY AGREEMENT Page 7 (White Settlement Road in Fort Worth) I :\03704\0047\N51450. DOCX (m) The fact that insurance is obtained by Contractor on behalf of Railroad shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage. (n) Railroad may reasonably modify the required insurance coverage to reflect future risk management practices in the railroad industry and underwriting practices in the insurance industry, provided such modification does not result in coverage that is either more demanding of, or expensive for, Contractor than what is customarily required by other railroads under similar circumstances or unobtainable by Contractor. (o) Contractor waives all rights against Railroad and its agents, officers, directors and employees, where permitted by law, for recovery of damages to the extent these damages are covered by and actually recovered under the workers compensation and employers liability or commercial umbrella/excess liability insurance obtained by Contractor required by this Agreement, which must be stated on the certificate of insurance. (p) Insurance requirements hereunder may be met by a combination of primary and excess coverage acceptable to Railroad (Railroad Protective Liability Insurance may be procured by Contractor's contractor and shall not be subject to self-insurance). (q) All insurance correspondence shall be directed to: Risk Management Department Fort Worth & Western Railroad Company 6300 Ridglea Place, Suite 1200 Fort Worth, Texas 76116 7. The work to be performed by Contractor under the terms hereof and under the Overpass Agreement shall be such that it will not at any time be a source of danger to, or interfere with, the constant, continuous and uninterrupted use of the present or future tracks, roadbed, facility and property of Railroad. Subject to notice requirements provided hereunder, Contractor may enter the Property for the purposes permitted hereunder at any time provided Contractor does not violate the foregoing provision. The Contractor may conduct Work activities on the Property during naturally occurring work windows between train movements through the Property. In addition, as an accommodation to the City during the term of the Construction License Term: (a) the Railroad and the Contractor will work reasonably with one another with respect to the process described in this Paragraph 7; and (b) the Railroad shall make available to the Contractor for purchase, at Contractor's option, and at the prices and under the terms hereinafter provided, the continuous (subject to the remaining terms hereof) windows described in subsections (i) and (ii) below free of train operations for its performance of the City's work on the Premises. Railroad and Contractor further agree as follows: (i) Contractor may, at Contractor's option, purchase four (4) four (4) hour continuous work windows between the hours of 7 am and 7 pm (each a "Day Window"). Contractor shall use all TEMPORARY RIGHT OF ENTRY AGREEMENT Page 8 (White Settlement Road in Fort Worth) I:\03704\0047\N51450. DOCX reasonable efforts to accommodate Railroad's preference for Day Windows to extend from 7:00 am to 11:00 am, (ii) Contractor may, at Contractor's option, purchase four (4) seven (7) hour continuous work windows between the hours of 11 pm and 6 am (each a "Night Window"). The Day Windows and Night Windows are sometimes referred to herein together as "Windows" and each a "Window", (iii) There shall be no more than two (2) Day Windows in any month during the Construction License Term unless agreed to by Railroad and exclusive of Day Windows cancelled or interfered with. Upon final approval by the Railroad of a Window Request, Contractor may work within a Window without interference by the Railroad or trains operating on Railroad's tracks, subject to the Railroad's right to cancel a Window hereunder, (iv) Contractor shall give Railroad not less than seventy two hours advance notice of: (a) a request for a Window (a "Window Request"), or (b) a need to access the Property outside of a Window (a "Work Notice"), (v) Railroad and Contractor shall meet as soon as reasonably possible after Contractor issues a Window Request in order to review the proposed Construction Coordination Plans for the subject Window, for Railroad to provide comments- and suggestions regarding the Window, and to otherwise coordinate the work to be undertaken during the Window. However, such undertakings on the part of Railroad shall not be considered as Railroad's final approval of the Window, which occurs as and when described in (viii) below, and, correspondingly, Contractor may cancel or request an adjustment to a Window Request prior to Railroad's final approval of that Window as provided in (viii) below which will not count against the Windows that are available to Contractor in (i) or (ii) above or against Railroad's or Contractor's allotment of Day Window cancellations provided in (ix) below, (vi) Railroad and Contractor shall meet as soon as reasonably possible after Contractor issues a Work Notice in order to review the proposed Construction Coordination Plans for the subject work to be conducted, for Railroad to provide its schedule of operations for the day or days when work will occur, as indicated in the Work Notice (the "Work Notice Period"), and to otherwise coordinate the work to be undertaken during the Work Notice Period. During a Work Notice Period, Railroad shall notify Contractor at least 30 minutes before any train enters the Property each such notice, a "Clear Notice"). Upon receipt of a Clear Notice, Contractor will promptly remove all personnel, materials and equipment from the Premises in such a manner so as not to interfere with, or be a danger to, the operations of the train. After the train has passed through the Property, Railroad will promptly notify Contractor that it may re-enter the Premises. Contractor may re-enter the Premises only upon receipt of such notice from Railroad and may remain there unless and until such time as Contractor receives a new Clear Notice. (vii) Railroad and Contractor shall have weekly construction coordinating and work review meetings upon issuance of a Window Request or Work Notice in order to address the parties' respective operational issues and needs and to refine plans for the upcoming Window or Work Notice Period ("Coordination Meeting"), TEMPORARY RIGHT OF ENTRY AGREEMENT Page 9 (White Settlement Road in Fort Worth) I:\03704\0047\N51450. DOCX (viii) Railroad shall give final approval in writing of the Window at least seven (7) days in advance of the proposed Window, Al No less than twenty-four (24) hours in advance of a Day Window finally approved as provided in (viii) above, Railroad or Contractor may cancel that Day Window due to location of, and anticipated interference with such Window by, a Unit Train, as hereinafter defined, and, within that same time period, Railroad or Contractor also may cancel a Day Window due to a bona fide reason of a type identified below ("Cause"). In the case of Railroad, Cause shall mean an unforeseeable business demand (i.e., an emergency movement to avoid a customer shutdown, emergency derailment/spill which needs locomotives or transferred cars, unexpected wreck train (ties, rail, rock), unavoidable repositioning of equipment, emergency detour for Amtrak or Class 1 railroad, emergency track repair), emergency or force majeure event, and in the case of Contractor, Cause shall mean circumstances where it cannot efficiently or effectively utilize such Window due to lack of materials, site conditions, personnel, equipment, weather, or similar factors. Contractor may also cancel a Night Window for Cause. In the event of cancellation for Cause or if a Unit Train disrupts a Window which has not been cancelled in accordance with this subsection, such Window shall not count against the Windows available under (i) or (ii) above, as the case may be. Railroad may not cancel more than two (2) Day Windows and Contractor may not cancel more than two (2) Day Windows for Cause as provided for above. When a Window is cancelled as provided for herein, the parties shall reasonably cooperate with each other to reschedule the Window as soon as possible, to the extent Contractor still needs a Window, (x) A Unit Train, as such term is used herein, shall mean a train in which all the cars making it up are shipped from the same origin to the same destination, without being split up or stored en route, (xi) Unit Trains shall have priority over any activity of Contractor impairing the passage of rail traffic, including Windows, subject to, however, (xii) through (xiv) below, (xii) Railroad shall monitor each Unit Train's north- and southbound movement, using its best efforts to ensure accuracy, to the extent that such Unit Train may affect any Window, and report same to Contractor, as follows. (A) Notification of departure from point of origin and departure from destination promptly upon Railroad receiving that information, (B) Notification daily of route progress, and (C) Minimum of four (4) hours advance notification of estimated time of arrival ("ETA") at Temporary Construction/Maintenance Premises followed by a minimum of hourly notifications A Unit Train location, progress and adjusted ETA, (xiii) In the event a Unit Train arrives at the Temporary Construction/Maintenance Premises earlier than its ETA provided Contractor four (4) hours in advance as provided for in (xii)(C) TEMPORARY RIGHT OF ENTRY AGREEMENT Page 10 (White Settlement Road in Fort Worth) I :\03704\0047\N51450. DOCX above, the Unit Train shall hold prior to entering the Temporary Construction/Maintenance Premises until the ETA as originally reported to Contractor, (xiv) Contractor may, on no more than two (2) occasions during the Construction License Term, require a Unit Train to wait for a period of time of up to two (2) consecutive hours prior to entering into the Construction/Maintenance Premises at any time during a Window (each, a "Unit Train Hold"). Contractor shall reimburse Railroad a penalty for each Unit Train Hold of from one (1) to sixty (60) minutes the sum of $1,500, and for each Unit Train Hold of from sixty-one (61) to one -hundred and twenty (120) minutes the sum of an additional $1,500.00. In addition, Contractor shall also reimburse/pay Railroad for the actual fuel, crew and car charge (estimated at approximately $350 an hour) occasioned by any such delay. Such payment shall be made within thirty (30) days of invoice by Railroad, together with reasonable supporting documentation. Notwithstanding the foregoing, if Contractor receives notice from Railroad that a Unit Train will interrupt a Window that has not been cancelled in accordance with subsection (ix) above, Contractor shall have the ability, at its option, to require a Unit Train to wait for a period of time of up to two (2) consecutive hours prior to entering into the Temporary Construction/Maintenance Premises at any time during a Window without any additional payment beyond the price of the Window, or, at its option, reschedule the Window for no additional charge. (xv) The Contractor shall pay to Railroad $500.00 per each hour of each Window. Such payment shall be made within thirty (30) days of invoice by Railroad. 8. Contractor, at its own expense, shall adequately police and supervise all work to be performed. The responsibility of Contractor for safe conduct and adequate policing and supervision of work shall not be lessened or otherwise affected by Railroad's approval of the Plans involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of Railroad's Chief Project Engineer or other representative of Railroad, or by compliance by Contractor with any requests or recommendations made by Railroad's Chief Project Engineer or other representative of Railroad. 9. At the request of Railroad, Contractor shall remove from Railroad's property any employee who fails to conform to the reasonable instructions of Railroad's Chief Project Engineer or other representative of Railroad in connection with the work on Railroad's property. 10. Contractor shall notify Railroad's Chief Project Engineer no later than the preceding week's Coordination Meeting in advance of proposed performance of any work in which any person or equipment will be within twenty-five (25) feet of any operational track, or will be near enough to any track that any equipment extension (as such, but not limited to, a crane boom) will .each to within twenty-five (25) feet of any operational track. 11. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill City for such charges or expenses incurred by Railroad as provided for in the Overpass Agreement. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of responsibilities or liabilities set forth in this Agreement. Railroad may seek the assignment of a TEMPORARY RIGHT OF ENTRY AGREEMENT Page 11 (White Settlement Road in Fort Worth) I :\03704\0047\N51450. DOCX flagman for a specified period of time, which in no event will be less than a continuous four-hour period. Reimbursement to Railroad will be required covering the full number of assigned hours during which any flagman is furnished, unless the flagman can be assigned to other railroad work during a portion of such assigned period, in which event reimbursement will not be required for the portion of the assigned period during which the flagman is engaged in other railroad work. Reimbursement will also be required for any portion of the assigned number of hours (not less than four) not actually worked by the flagman following the flagman's assignment to work in accordance with the terms of this Agreement on the Project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. 12. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor and any subcontractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Contractor and any subcontractor shall at a minimum comply with Railroad's safety standards listed in Exhibit A, hereto attached (the "Safety Standards"), to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if it determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor and any subcontractor shall furnish copies of the Safety Standards to each of its employees before they enter the job site. Without limitation of this provision Contractor and any subcontractor will keep the job site free from safety and health hazards and require its contractors to ensure that its employees are competent and adequately trained in all safety and health aspects of the job. 13. Contractor shall require its employees and any subcontractor to have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Prompt notification shall be given to Railroad of any U. S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a non -delegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, are under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. 14. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of its safety plan for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. 15. If the activities of Contractor cause or require Railroad to make such changes or alterations in facilities owned by Railroad, including but not limited to the railroad bed or ballast, tracks, communication and signal facilities, pole and wire lines, sewer and drainage, or other facilities or buildings located upon Railroad's property, in order to maintain continuous service and restore them to former condition for service following construction of the Overhead Structure, Railroad will provide Contractor ten (10) business days prior written notice thereof and permit Contractor to reasonably review and discuss the proposed changes and alterations to confirm they are necessary, and are caused or required by Contractor's activities. Contractor TEMPORARY RIGHT OF ENTRY AGREEMENT Page 12 (White Settlement Road in Fort Worth) :\03704\0047\N51450. DOCX shall reimburse Railroad for such costs within thirty (30) days of invoice and presentment of reasonable supporting documentation. Except as provided in the next succeeding sentence Railroad, as of the Effective Date, has no current actual knowledge, without duty to investigate, that the construction of the Overhead Structure in accordance with the Plans and other requirements as provided for in the Overpass Agreement will require Railroad to make changes or alterations in facilities owned by Railroad as provided for above. Article 3(d) of the Overpass Agreement provides that the Railroad shall remove the existing instrument case, crossing signal warning devices, and other signal appurtenances in accordance with the Plans and the PS&E, and the City will reimburse the Railroad for the allowable costs thereof. 16. Contractor shall conduct its operations and activities hereunder, and construct the Overhead Structure, in compliance with all applicable laws, ordinances, rules, and regulations of any governmental authority having jurisdiction over same, including, without limitation, all applicable design, operations, safety, and environmental laws, ordinances, rules, and regulations A any federal, state, or local authority applicable to such facilities and this Agreement (together, the "Laws"). 17. Railroad shall be reimbursed by Contractor for documented train delay costs and lost revenue due to any delays or interruption of Railroad's train operations resulting from Contractor's activities (except as may be specifically authorized by Railroad or permitted under this Agreement), and Railroad agrees to provide reasonable documentation to support any delay or interruption claims. Contractor or its contractor shall pay or otherwise reimburse Railroad for such costs within thirty (30) days of invoice and presentment of reasonable supporting documentation. Notwithstanding the foregoing to the contrary, this provision shall be inapplicable with respect to Windows and other rights expressly provided Contractor elsewhere in this Agreement. 18. It is further agreed that the execution of this Agreement shall not constitute a waiver by Railroad, with respect to third party claims asserted against Contractor, of any defense allowed by law. 19. Neither termination nor expiration 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. 20. All questions concerning the interpretation or application of provisions of this Agreement shall be decided according to the substantive laws of the State of Texas without regard to conflicts of law. 21. To the maximum extent possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this Agreement. TEMPORARY RIGHT OF ENTRY AGREEMENT Page 13 (White Settlement Road in Fort Worth) I :\03704\0047\N51450. DOCX 22. In the event that Contractor consists of two or more parties, all the covenants and agreements of Contractor herein contained shall be the joint and several covenants and agreements of such parties. 23. The waiver by Railroad of the breach of any provision herein by Contractor shall in no way impair the right of Railroad to enforce that provision for any subsequent breach thereof. 24. [deleted.] IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the first day and year first above written. CONTRACTOR: By: Printed Name: Title: RAILROAD: FORT WORTH &WESTERN RAILROAD COMPANY By: Steven P. George, President &CEO TEMPORARY RIGHT OF ENTRY AGREEMENT Page 14 (White Settlement Road in Fort Worth) I:\03704\0047\N51450. DOCX STATE OF § COUNTY OF § This instrument was acknowledged before me on the the behalf of said corporation. STATE OF TEXAS § COUNTY OF TARRANT § of Notary Public in and for the State of Texas by ., on This instrument was acknowledged before me on the day of , 20_, by Steven P. George, the President & CEO of FORT WORTH & WESTERN RAILROAD COMPANY, a Texas corporation, on behalf of said corporation. Notary Public in and for the State of Texas TEMPORARY RIGHT OF ENTRY AGREEMENT Page I5 (White Settlement Road in Fort Worth) I:\03704\0047\N51450. DOCX EXHIBIT F Cost Estimate Fort Worth &Western Ra i I road Upon completion of bridge construction, removal of signals and gates at at -grade crossi ang Railroad Flagging $1,250.00 per day x 103 days Construcfiion, Engineering and Inspection review by Professional Engineer $ 140257.00 $128,750.00 Estimates only (not lump sum). Final amounts to be reimbursed will be based on the actual work services performed. TOTAL = $332,905.20 CITY SECRETARY ► �-,� n-1 �� CONTRACT NO. EXHIBIT G STATE Of TEXAS § COUNTY OF TRAMS § CSJ #0902-48-697 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A 100% Local Government Funded Bypass Channel Improvement on White Settlement Road (Off -System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Fort Worth, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the State and the Local Government executed an Advance Funding Agreement (High Safetea-Lu Project) for CSJs 0014-01-022, 0171-05-0$1, and 0902-484697 on October 22, 2007 to effectuate an agreement for plans, specifications & estimate, bridge layouts, and hydraulic analysis for three bridges located on BU 287P (North Main Street), SH 199 Henderson, and White Settlement Road over the future Trinity River Bypass Channel, also known as Trinity Uptown Project; and, WHEREAS, it has become necessary for the State and Local Government to terminate that agreement with an amendment separate from this Agreement; and, WHEREAS, the Texas Transportation Commission passed Minute Order Number 113074 that provides for the development of, and funding for, the Project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution ar ordinance dated S taw" �, 20 !2, which is attached to and made a part of this agreement as Attachment A for t�velopment of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. Period of the Agreement The period of this LPAFA is as AGREEMENT stated in the Master Agreement, without exception. AFA-LPAFA_ShartGen.doc Page 1 of 8 Revised 05/04/2012 CSJ #09024M97 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development 2. Termination of this LPAFA Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as plans, specifications and estimate, bridge layouts, and hydraulic analysis for a bridge located on White Settlement Road over the Trinity River Bypass Channel, 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception. 7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government as stated in the Master Agreement. The Local Government is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall confirm to the standards in the State's Roadway Design Manual, Bridge Design Manual, Hydraulic Design Manual, the current standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, and the Texas Accessibility Standards. The State may review and comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 1 0. Construction Responsibilities Not Applicable to this agreement Construction responsibilities will be carried out by the State as stated in the Master Agreement. AFA-LPAFA_ShortGen.doc Page 2 of 8 Revised 05/04/2012 CSJ #0902-4&697 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development 11. Project Maintenance Project maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. D. The Local Government is responsible for all non-federal and non -state funding, including any project cost overruns, unless otherwise provided for in this agreement or through amendment of this agreement. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. F. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. AFA-LPAFA_ShortGen.doc Page 3 of 8 Revised 05/04/2012 CSJ #0902-48-697 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development G. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. H. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. AFA-LPAFA_ShortGen.doc Page 4 of 8 Revised 05/04/2012 CSJ #0902-48-697 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development 14. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S, mail, postage prepaid, addressed to that party at the following address: Local Government: State: Director of Transportation and Public Works Director of Contract Services City of Fort Worth Texas Department of Trarisportatian 1000 Throckmorton Street 125 E. 11 Street Fort Worth, TX 76102 Austin, Texas 78701 AFA-LPAFA_ShartGen.doc Page 5 of 8 Revised 05l04/2012 CSJ #0902-48-697 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 19. Civil Rights Compliance The Local Government shall comply with the regulations of the U.S. Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26, B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision -making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://txdot.gov/business/business outreach/mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26, The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR fart 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this AFA-t_PAFA_ShortGen.doc Page 6 of 8 Revised 05/04/2012 CSJ #0902-4&697 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 21. Federal Funding Accountability and Transparency Act Requlrements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705 pdf and http://edocket.access.gpo.gov/2010/pdf/2010-22706 pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State and the Federal government, a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more than $25,000 in Federal Funding. The CCR number may be obtained by visiting the CCR website whose address is: h ttp s://www, b p n,g ov/cc r/d efa u it . a s p x; 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission, 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. if threshold expenditures of $500,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www,txdot.aov/contact us/audit.htm. Co If expenditures are less than $500,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY 0 It D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. AFA-LPAFA_ShortGen.doc Page 7 of 8 Revised 05/04/2012 CSJ #0902-4&697 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT ATTEST: City Sec FORM AND LEGALITY Assistant City �- 14( cL rney THE STATE OF TEXAS Director of Contract Services Texas Department of Transportation o�Yd City of Fort Worth 'drip0 as Fernando Costa o' Assistant City Manager APP AL RECOMMENDED DouglvW. Wiersig, P.E. Director Transportation an Date: al 3 // lic Works AFA-LPAFA ShortGen.doc Revised 05/04I2012 CSJ #0902-4M97 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20a205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE (Attachment) AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment A A Resolution NO. 4127-09-2012 A RESOLUTION AUTHORIZING THE EXECUTION OF A LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE NEW WHITE SETLEMENT BRIDGE IN THE AMOUNT OF $8961658.00 FOR THE PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES FOR THE NEW BRIDGE OVER THE FUTURE TRINITY RIVER VISION BY-PASS CHANNEL WHEREAS, A Master Funding Agreement between the City of Fort Worth and the Texas Department of Transportation ("State") has been adopted and states the general terms and conditions for transportation projects developed through a Local Project Advanced Funding Agreement (LPAFA), and WHEREAS, the Texas Transportation Commission passed Minute Order 1 13074, dated April 26, 2012 that provides for the development of, and funding for, the project described herein; and WHEREAS, the City of Fort Worth desires to enter into a Local Project Advance Funding Agreement with the Texas Department of Transportation for the preparation of plans, specifications and estimates for the Trinity River Vision White Settlement Bridge project. NOW, THEREFORE, BE IT RESOLVED $Y THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: The City Manager or his designee is authorized to execute a Local Transportation Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation in the amount of $896,658.00 for the White Settlement Bridge project over the future Trinity River Vision By -Pass Channel. Adopted this I t`h day of September, 2012, ATTEST: ,> By: Mary Kayser/City Secretary ORT'wt}I T i City of Fort Worth, Texas Mayor and Council Communication t3 N IL i4 �2Q ww '.'0ved,bn 91 2,: R" olution.96iw4120411 4011$, 4127.411 *2012 DATE$ Tuesday, September 11, 2012 REFERENCE NO., C-25827 LOG NAME: 20TRV WHITE SETTLEMENT & MAIN ST BRIDGES SUBJECT: Adopt Resolutions Authorizing Execution of Two Local Project Advance Funding Agreements with the Texas Department of Transportation, One for the New White Settlement Bridge in the Amount of $896,658.00 and One for the New North Main Street Bridge in the Amount of $1,332,356,00, Both for the Preparation of Plans, Specifications and Estimates for the New Bridges (COUNCIL DISTRICTS 2 and 9) RECOMMENDATION: It is recommended that the City Council adopt the attached Resolutions authorizing the execution of two Local Project Advance Funding Agreements with the Texas Department of Transportation, one for the new White Settlement Bridge in the amount of $896,658.00 and one for the new North Main Street Bridge in the amount of $1,332,356,00, both for the preparation of plans, specifications and estimates for the new bridges. DISCUSSION: This Mayor and Council Communication recommends authorization of two Funding Agreements, one for the North Main Street bridge in the amount of $1,332,356,00, the other for the White Settlement bridge in the amount of $896,658.00 which are being separated from a previously approved Funding Agreement encompassing the new Henderson, North Main and White Settlement bridges. The North Main and White Settlement Bridges Funding Agreements will continue to address the preparation of plans, specifications and estimates and will involve only the previously allocated funds, On September 11, 2007, (M&C C-22381) the City Council approved the execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for preparation of plans, specifications and estimates for three new bridges (White Settlement Road, North Main Street and Henderson Street) over the future Trinity River By -Pass Channel, The City Council took action regarding the Henderson Street Bridge project on August 7, 2012 removing it from the original Funding Agreement. In an effort to timely advance the White Settlement Bridge and Main Street Bridge projects and allow for flexibility for the City to elect to manage construction of one or both of the remaining projects, it is necessary to create separate Funding Agreements, Affirmative City Council action will authorize the execution of separate Funding Agreements for the White Settlement Bridge project and the Main Street Bridge project. Once these two Funding Agreements are executed, the original Funding Agreement from 2007 (City Secretary Contract No. 36378) will be terminated. On August 7, 2012, (M&C C-25776) the City Council approved the execution of a Local Project Advance Funding Agreement in the amount of $37,136,500.00 with the TxDOT far designenvironmentalright-of- way and construction of a new four -lane Henderson Street Bridge. , , As the projects progress toward construction, additional Mayor and Council Communication will be brought forward to request additional contracting authority and appropriation of funds as needed. Logname: 20TR'V WF-I1T1r SE'ITLEMEN'I' ?�Aliti ST BtZiC7GE5 Page f of'� This project is. located in COUNCIL DISTRICTS 2 and 9. Mapsco, 62X and will benefit ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION; The Financial Management Services Director certifies that funds are available in the current capital budgets, as appropriated, of the Street Improvements Fund and the Street Improvements 2008 Fund, FUND CENTERS: TO Fund/. counUCenters C200 531200 209260 CERTIFICATIONS: Submitted for City Mananer's Office by: Xlglnating Department Head, Additional Information Contact FROM Fund/Account/Centers 0.00 9200 531200 209260 0.00 C204 531200 209260 0.00 0204 531209 20926 $0,00 Fernando Costa (6122) Douglas W. Wiersig (7801) Jim Walker (8009) David Jodray (8702) Lag�sasne 20TR'�' WHITE SETTLEIvIE';�T f�fAl'�' ST }�r21DGFS Page 2 of 2 giver VISI"" � it tit ° fit), 4. N6� O . 41, IV b �` ,��j •,� ti NV F` cq'rC.'. i t3 _ X44�X� n qtjg 6 r r y;exr 0 Mix♦ h z. 6 00 WAU{x sl CSJ #0902-4M97 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Costs will be allocated based on 100% Local Government funding. The Local Government will be responsible for 100% of the costs. Description otal Estimated ost. Federal Participation State Partici ation Local Partici ation %o Cost /o cost /o ost Engineering (by Local Government) 803,889 % 0 0°Jo 0 1000 803;889 Subtotal 80,31889 $0 q 80,889 Engineering Direct State Costs $341326 % 0 0% 0 100% 34,326 Indirect State Costs 7,27% $58,448 % $0 100% 58,443 0% $0 TOTAL,8961658 0 58,443 838,215 Initial payment by the Local Government to the State made on 01/25/2008: $34,326.00 Estimated total payment by the Local Government to the State $34,326.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA_ShortGen_doc Page 1 of 1 Attachment C STATE OF TEXAS § COUNTY OF TRAVIS § EXHIBIT H CSJ # 0902-48-697 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development ADVANCE FUNDING AGREEMENT AMENDMENT #1 THIS AMENDMENT is made by and between fhe State of Texas, acting through the Texas Department of Transportation, called the State, and City of Fort Worth, acting by and through its duly authorized personnel, called the Local Government, WITNESSETH WHEREAS, the State and the Local Government executed a contract on September 25, 2012 to effectuate their agreement to do the plans, specifications, and estimate, bridge layouts, and hydraulic analysis for a bridge located on White Settlement Road over the Trinity River Bypass Channel; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as fo110Ws: AGREEMENT 1. Description of Amended Items Article 4. Scope of Work description of the origins! contract is deleted and replaced with the following: The scope of work for this LPAFA is described as construction of a 4 lane bridge at new location of proposed Bypass Channel for Trinity River on White Settlement Road near Central Business District of Fort Worth, Article 10. Construction Responsibilities description of the original contract is deleted and replaced with the following; Construction responsibilities will be carried out by the Stale as stated in the Master Agreement. Article 16. Debartment Certification is deleted in its entirety and replaced with: The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federa! Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this AFA—AFA_Amend Page 1 of 4 Revised 04/08/11 CSC # 09024M97 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement, the Local Government certifiesi that it and its principals is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs- under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. Article 20. Disadvantaged Business Enterprise (DBE) Program Requirements is deleted in its entirety and replaced with: A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision -making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. AFA—AFA_Amend Page 2 of 4 Revised 04/08111 CSJ # 09024M97 District # 02-Fart Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development Article 21. Federal Funding Accountability and Transparency Act Requirements is deleted in its entirety and replaced with: A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.qpo.qov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www, qpo, qov/fdsys/pkg/F R-2010-09-14/pdf/2010-22706. pdf B. The Local Government agrees that it shall: 1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more than $25,000 in Federal Funding. The CCR number may be obtained by visiting the CCR website whose address is: https://www.sam.gov/portal/public/SAM/; 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov,dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. Article 22. Single Audit Report is deleted in its entirety and replaced with: A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. If threshold expenditures of $750,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/inside-txdot/office/audit/contact.html. C. If expenditures are less than $750,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY 4 it D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. Attachment C, Project Budget Estimate and Source of Funds, of the original contract is deleted in its entirety, and replaced with Attachment C-1, Project Budget, attached to this amendment. AFA—AFA_Amend Page 3 of 4 Revised 04/08/11 CSJ # 0902-4M97 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development All other provisions of the original contract are unchanged and remain in full force and effect. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate, THE LOCAL GOVERNMENT ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY Assistant City Attorney THE STATE OF TEXAS Janice Mullenix Director of Contract Services Texas Department of Transportation Date City of Fart Worth Fernando Costa Assistant City Manager APPROVAL RECOMMENDED Douglas W. Wiersig, P.E. Director Transportation and Public Works Date: AFA—AFA_Amend Page 4 of 4 Revised 04/OS/11 CSJ # 090248-697 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C-1 PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Costs wiA be allocated based on 80% Federal funding and 20% I_.ocal Government funding until the federal funding reaches the maximum obligated amount, The Local Government will be responsible for overruns. Work Performed by the Local Government Description Total Est. Cost Federal Funding Payments by State Local Participatio % Cost % Cost % cost Engineering(by Local Government) $21514,787 0% $011 0% $0 100% - $2 1414,787 ROW (by Local Government) $161000,000 0% $0 0% $0 ill00%$161000,00 Work Performed by the State Description t, E$717501000 Federal Funding State Participation Payments by Local Gov't OT Cost % Costfl) Cost Construction, Category 9 and 7 Funds 80%$61200100 00% $0 $1,550,000 Construction, Local Funds 90 0% $0 0% $0 $19,924,49 -- State: Costs for Review, Inspection, and Oversight of Work Performed Description Total Est. Cost Federal Funding State Participation Payments by Local Gov't % Cost % Cost % Cost Right of Way Direct State Costs $1 0% $0 0% $0 100% 1 Engineering Direct State Costs $49,324 0% $0 % $0 100%$49,324 Utility Direct State Costs $1 0% $0 '0% $0 100%$1 Construction Direct State Costs Local Funds $2,730,363 0% $0 0% $0 100%$2,730,363 Indirect State Costs (4,83%) $11453,018 0% $0 100%$1,453,018 0% $0 11TOTAL $50,421,984 $61200,000 $1,453,018 $42,768,96, Advance payment made by the Local Government to the State on 10J10/12: $53884,051.00 Payment by the Local Government to the State before construction: $18,370,128.00 Estimated total payment by the Local Government to the State $24,254,179,00 This is an estimate. The final amount of Local Government participation will be based on actual costs. FWWR Safety Standards Folder No. EXHIBIT 1 SAFETY STANDARDS http://www.contractororientation.com/main/frame set.asp ADD THE FWWR STAFETY TRAINING CLASS INFO HERE The term "employees" as used herein refer to all employees of Grantee or its contractors, subcontractors, or agents, as well as any subcontractor or agent of any Contractor. CLOTHING. A. All employees will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, employees must wear: (i) Waist -length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare -legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety -toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas -type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. PERSONAL PROTECTIVE EQUIPMENT. Employees shall wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. (i) Hard hat that that meets the American National Standard (ANSI) Z89.1 — latest revision. Hard hats should be affixed with Contractor's company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and education eye and face protection, Z87.1 —latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: ■ 100 feet of a locomotive or roadway/work equipment ■ 15 feet of power operated tools ■ 150 feet of jet blowers or pile drivers ■ 150 feet of retarders in use (when within 10 feet, employee must wear dual ear protection — plugs and muffs) Page 1 of 3 FWWR Safety Standards (iv) Other types of personal protective protection equipment, and face shields, must be worn Railroad Representative. III. ON -TRACK SAFETY. Folder No. equipment such as respirators, fall as recommended or requested by the Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations — 49CFR214, Subpart C and Railroad's On -Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a distance of 25 feet to any truck unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized work wear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On -Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. EQUIPMENT. A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the reasonable opinion of the Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: (i) Familiar and comply with Railroad's rules on lockout/tagout of equipment. (ii) Trained in and comply with the applicable operating rules if operating any by -rail equipment on -track. (iii) Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first -aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of 25 feet from any operational track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. Page 2 of 3 FWWR Safety Standards Folder No. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. GENERAL SAFETY REQUIREMENTS. A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures (including On -Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work pertormed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213, D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment if the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the pertormance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. Page 3 of 3 M&C Review Page 1 of 2 • � � Official site of the City of Fort Worth, Texas F13RT `'�t)RT'Fl COUNCIL ACTION: Approved on 7/16/2013 -Ordinance Nos. 20811-07-2013 & 20812-07-2013 r� � w, . -�.� �.. .� .. � ,� ,�.. a. _ �.. � . � ,,_ .v�_ �_. .� ._� .�� REFERENCE C-26307 06TRV FORT WORTH AND DATE: 7/16/2013 NO.: (Revised) LOG NAME: WESTERN RR AGREEMENT -REVISED CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Expenditure in the Amount of $304,499.83 to the Fort Worth and Western Railroad Company for Construction of Henderson Detour Railroad -Crossing and Related Equipment, Authorize Expenditure in the Amount of $204,523.50 to the Fort Worth and Western Railroad Company for Construction of Railroad -Crossing and Related Equipment for the Temporary Reopening of North Commerce Street, Authorize Execution of a Settlement Agreement in Lieu of Condemnation with the Fort Worth and Western Railroad Company in the Amount of $200,000.00 for Railroad -Crossing License Fees and Easement Acquisition for a Total in the Amount of $709,023.33 for Construction of Trinity River Vision -Related Railroad Crossings and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2 and 9) n.�� a ��.�.G�_�vs�_.�J .u.�_.w_ . _�, �z,.�:�: ��w����v,,�:._ �_.� ..��. , _.����-�� b� �. _��.����_ �� RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $228,951.33 from available funds; 2. Authorize the transfer in the amount of $228,951.33 from the Special Trust Fund to the Street Improvement 2008 Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Street Improvement 2008 Fund in the amount of $228,951.33 from available funds; 4. Authorize the execution of a Settlement Agreement and payment in the amount of $200,000.00 in lieu of condemnation with the Fort Worth and Western Railroad Company; and 5. Authorize payment in the amount of $509,023.33 to the Fort Worth and Western Railroad Company for construction related items. DISCUSSION: These expenditures are required to provide $304,499.83 to the Fort Worth and Western Railroad Company (FWWRR) for the construction of railroad -crossing and related equipment associated with the Henderson detour project approved by City Council on December 4, 2012, (M&C C-25977) and $204,523.50 associated with the installation by FWWRR of railroad crossing equipment to facilitate the temporary reopening of the North Commerce Street crossing, which will be the detour for the North Main Street bridge project. Staff has reviewed the construction costs and finds them to be fair and reasonable for the work to be performed. This Mayor and Council Communication also authorizes a Settlement Agreement in lieu of condemnation in the amount of $200,000.00 for surface crossing license fees for the Henderson detour and North Commerce detour temporary crossings as well as the acquisition of additional right- of-way from the railroad to accommodate the new White Settlement Bridge. Funding for the Settlement Agreement will be paid from Tarrant County Reimbursements received for http://apps.cfwnet.org/council�acket/mc_review.asp?ID=18735&councildate=7/16/2013 4/29/2014