Loading...
HomeMy WebLinkAboutContract 44328 (2)CITYSECRTAkYt).Lfrf`',T OoCONTRA idaTan2LYne.„..., GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT BNSF File No. 274638F Avondale-Halset Road U.S. D 0 T. No. 274638F Railroad Line Segment 485 Railroad Milepost 18.24 This Agreement ("Agreement"), is executed to be effective as of this 15th day of January, 2013 ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF"), and the CITY OF FORT WORTH, a political subdivision of the State of Texas ("Agency"). RECITALS: WHEREAS, BNSF owns and operates a line of railroad in and through the City of Fort Worth, State of Texas; WHEREAS, in the interest of aiding vehicular travel and public safety, the Agency is undertaking a project to improve the existing Avondale -Haslet Road at -grade crossing, located at BNSF Line Segment 485 and Milepost 18.24, and designated by D.O.T. No. 274638F, by reconstructing and widening the roadway and installing railroad crossing signals and activation equipment within the existing roadway easement across the BNSF right-of-way as indicated on the Exhibit A, attached hereto and incorporated herein; and WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit from the installation of advance warning signs pavement marking stop bars or crossing signal equipment (hereinafter collectively called, "Crossing Signal Equipment"); and WHEREAS, the Agency also desires BNSF to install a new crossing surface at Avondale -Haslet Road with a new concrete and rubber crossing surface; WHEREAS, the Agency is paying for the acquisition and installation of crossing signal equipment and the new crossing surface at Avondale -Haslet Road; WHEREAS, the BNSF agrees to purchase and install, at Agency's sole expense, the crossing signal equipment and the new crossing surface described in the scope of work herein, and upon the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I — SCOPE OF WORK 1. The term "Project" as used herein includes any and all work related to the reconstruction and widening of Avondale -Haslet Road and adjacent drainage channel improvements by Agency and installation of crossing signals, activation equipment, and new crossing surfaces at U.S D 0.T No. 274638F, (hereinafter referred to as the "Crossing") by BNSF, more particularly described on the Exhibit A, including, but not limited to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and construction engineering and contract preparation. ARTICLE II — BNSF OBLIGATIONS In consideration of the covenants of the Agency se BNSF agrees as follows: Avondale -Haslet Road GCCM Agreement (2/18/2013) rthsherein and the faithful performance thereof, QFFUCIAY.ItECORFer CITY SECRETARY Page I PtWORThrx ' RECEIVELJ N��liS 0118, Rev. 09/21/06 1. BNSF hereby grants to Agency, its successors and assigns, upon and subject to the terms and conditions set forth in this Agreement, permission and license to enter upon and use the portion of BNSF's right-of-way as is necessary to reconstruct and widen the Crossing and the adjacent drainage channel as described further on Exhibit A, excepting and reserving BNSF's rights, and the rights of any others who have obtained or may obtain, permission or authority from BNSF, to do the following: (a) Operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipelines and other facilities of like character upon, over or under the surface of said right-of- way; (b) Construct, operate, maintain, renew and/or relocate upon said right-of-way, without limitation, such facilities as the BNSF may from time to time deem appropriate; (c) Otherwise use or operate the right-of-way as BNSF may from time to time deem appropriate. This right is given by BNSF without warranty of title of any kind, expressed or implied, and no covenant on warranty of title shall be implied from the use of any word or words herein contained In the event Agency is evicted by anyone owning, or claiming title to or any interest in said right-of-way, BNSF will not be liable to Agency for any damages, losses or any expenses of any nature whatsoever. The granting of similar rights to others, subsequent to the date of this Agreement, will not impair or interfere with the rights granted to Agency herein. 2. BNSF will furnish all labor materials, tools, and equipment for railroad work required for the construction of the Project, such railroad work and the estimated cost thereof being as shown on Exhibit D attached hereto and made a part hereof. In the event construction on the Project has not commenced within six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit D. In such event, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit D not specifically mentioned therein may be included as a part of this Agreement upon written approval of Agency which approval will not be unreasonably withheld. Construction of the Project must include the following railroad work by BNSF (a) Procurement of materials, equipment and supplies necessary for the railroad work; (b) Preliminary engineering, design, and contract preparation; (c) Furnishing of flagging services during construction of the Project as required and set forth in further detail on Exhibit C, attached to this Agreement and made a part hereof; (d) Furnishing engineering and inspection as required in connection with the construction of the Project; (e) Installation of a 96-foot concrete crossing surface for the one track complete with new rail, ties, ballast, fasteners, along with appropriate surfacing, to carry the improved roadway and sidewalks; (f) Installation of Crossing Signal Equipment and Crossing Signal Control House as shown on Exhibit A : (g) Make such changes in the alignment, location and elevation of its telephone, telegraph, signal and/or wire lines and appurtenances along, over or under the tracks, both temporary and permanent, as may become necessary by reason of the construction of the Project. 3 BNSF will do all railroad work set forth in Article II, Section 2 above on an actual cost basis, when BNSF, in its sole discretion determines it is required by its labor agreements to perform such work with its own employees working under applicable collective bargaining agreements. Avondale -Haslet Road C&M Agreement (7/11/2012) Form 0118, Rev. 09/21/06 Page 2 4. Agency agrees to reimburse BNSF for work of an emergency nature caused by Agency or its contractor in connection with the Project which BNSF deems is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF without prior approval of Agency and Agency agrees to fully reimburse BNSF for all such reasonable emergency work. 5. To the extent permitted by law, including the TEXAS TORT CLAIMS ACT, BNSF may charge Agency for insurance expenses including self-insurance expenses, when such expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for injury, loss or death to BNSF's employees, if any. 6. During the construction of the Project, BNSF will send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Agency must reimburse BNSF for completed force -account work within thirty (30) days of the date of the invoice for such work Upon completion of the Project, BNSF will send Agency a detailed invoice of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit D. Pursuant to this section and Article IV, Section 7 herein, Agency must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past its credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. ARTICLE Ili — AGENCY OBLIGATIONS In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows: 1. Agency must furnish to BNSF plans and specifications for the Project. Said plans (reduced size 11" x 17"), showing the plan and profile of the roadway work on BNSF right-of-way and marked as Exhibit A, attached hereto and made a part hereof, must be submitted to BNSF for the development of railroad cost estimates. 2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project. 3. Agency must acquire all rights of way necessary for the construction of the Project. 4. Agency must make any and all arrangements for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies corporations political subdivisions or public utilities other than BNSF which may be necessary for the construction of the Project. 5. Agency must construct the Project as shown on the attached Exhibit A and do all work ("Agency's Work") provided for in the plans and specifications for the Project, except railroad work that will be performed by BNSF hereunder. Agency must furnish all labor, materials, tools and equipment for the performance of Agency's Work. The principal elements of Agency's Work are as follows: (a) Design, Reconstruction, and Widening of Avondale -Haslet Road; (b) Installation of a pavement marking stop bar in accordance with the Manual on Uniform Traffic Control Devices (hereinafter called, ' MUTCD"); (c) Installation of advance warning signs in accordance with the MUTCD; Avondale -Haslet Road C&M Agreement (7/11/2012) Form 0118, Rev. 09/21/06 Page 3 (d) Perform all necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF's right-of-way; (e) Provide suitable drainage, both temporary and permanent, including the drainage ditch grading along the west side of the track shown on Sheet 5 of the Exhibit A; (f) Provide all barricades, lights flagmen or traffic control devices necessary for preventing vehicular traffic from using a portion of the Crossing, during the installation of the concrete crossing surfaces, and also during the installation of the Crossing Signal Equipment; (g) Construct concrete roadway and sidewalk surfaces on approaches to each track; (h) Construct concrete raised center medians on roadway approaches to each track; (i) Job site cleanup including removal of all construction materials, concrete debris, surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF. 6. The Agency will approve the location of the signals and signal bungalow prior to the installation by BNSF. 7. The Agency must have advanced railroad crossing signs and standard pavement markings in place at the crossing shown on Exhibit A (if the same are required by the MUTCD) prior to the acceptance of this Project by the Agency. 8. The Agency must give BNSF's Manager of Public Projects written notice to proceed ("Notice to Proceed") with the railroad portion of the work after receipt of necessary funds for the Project. BNSF will not begin the railroad work (including, without limitation, procurement of supplies, equipment or materials) until written notice to proceed is received from Agency. 9. Agency's Work must be performed by Agency or its contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities. 10. For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to execute the C documents Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF's applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF's Internet Website "contractororientation.com", notify BNSF when, pursuant to the requirements of exhibit C, a flagger is required to be present; procure, and have approved by BNSF s Risk Management Department Railroad Protective Liability insurance. 11. Agency must require its contractor(s) to notify BNSF s Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally Agency must require its contractor(s) to notify BNSF's Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks 12. Agency must include the following provisions in any contract with its contractor(s) performing work on said Project: (a) The Contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines') owned by various telecommunications companies may be buried on BNSF's property or right-of-way. The locations of these Lines have been included on the plans based on information from the telecommunications companies. The contractor will be responsible for contacting BNSF s Communications Network Control Center at 800- 533-2891, BNSF's Signal Representative (Supervisor Signals -Construction) at 817-740- 7384, and the telecommunications companies and notifying them of any work that may Avondale -Haslet Road C&M Agreement (7/11/2012) Form 0118, Rev. 09/21/06 Page 4 damage these Lines or facilities and/or interfere with their service. The contractor must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The contractor must also use all reasonable methods when working in the BNSF right-of- way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. (b) Failure to mark or identify these Lines will be sufficient cause for BNSF's engineering representative to stop construction at no cost to the Agency or BNSF until these items are completed. (c) In addition to the liability terms contained elsewhere in this Agreement, the Contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSF's right-of- way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies). THE LIABILITY ASSUMED BY CONTRACTOR WILL N OT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE P ROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS N EGLIGENCE OF BNSF. (d) The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements. 11. Agency must require compliance with the obligations set forth in this agreement, including Exhibit C and Exhibit C-1, and incorporate in each prime contract for construction of the Project, or the specifications therefor (i) the provisions set forth in Article III; (ii) the provisions set forth in Article IV; and (iii) the provisions set forth in Exhibit C and Exhibit C-1, attached hereto and by reference made a part hereof. 12. Except as otherwise provided below in this Section 12, all construction work performed hereunder by Agency for the Project will be pursuant to a contract or contracts to be let by Agency, and all such contracts must include the following: (a) All work performed under such contract or contracts within the limits of BNSF's right-of- way must be performed in a good and workmanlike manner in accordance with plans and specifications approved by BNSF; (b) Changes or modifications during construction that affect safety or BNSF operations must be subject to BNSF's approval; (c) No work will be commenced within BNSF's right-of-way until each of the prime contractors employed in connection with said work must have (i) executed and delivered to BNSF a letter agreement in the form of Exhibit C-I, and (ii) delivered to and secured BNSF's approval of the required insurance; and (d) If it is in Agency's best interest, Agency may direct that the construction of the Project be done by day labor under the direction and control of Agency, or if at any time, in the opinion of Agency, the contractor has failed to prosecute with diligence the work specified Avondale -Haslet Road C&M Agreement (7/11/2012) Form 0118, Rev. 09/21/06 Page 5 in and by the terms of said contract, Agency may terminate its contract with the contractor and take control over the work and proceed to complete the same by day labor or by employing another contractor(s) provided; however, that any contractor(s) replacing the original contractor(s) must comply with the obligations in favor of BNSF set forth above and, provided further, that if such construction is performed by day labor Agency will, at its expense, procure and maintain on behalf of BNSF the insurance required by Exhibit C-1. (e) To facilitate scheduling for the Project, Agency shall have its contractor give BNSF's Roadmaster 90 days advance notice of the proposed times and dates for work windows. BNSF and Agency's contractor will establish mutually agreeable work windows for the Project. BNSF has the right at any time to revise or change the work windows, due to train operations or service obligations. BNSF will not be responsible for any additional costs and expenses resulting from a change in work windows. Additional costs and expenses resulting from a change in work windows shall be accounted for in the contractor's expenses for the Project. 13. Agency must advise the appropriate BNSF Manager Public Projects, in writing, of the completion date of the Project within thirty (30) days after such completion date. Additionally, Agency must notify BNSF's Manager Public Projects, in writing, of the date on which Agency and/or its Contractor will meet with BNSF for the purpose of making final inspection of the Project. 14. TO THE EXTENT PERMITTED BY LAW, AGENCY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS AFFILIATED COMPANIES, PARTNERS, S UCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, S HAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, S UITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS FEES) OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS, S UBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE OR FAILURE TO PERFORM BY THE AGENCY, ITS CONTRACTORS, S UBCONTRACTORS EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN ON, OR ABOUT THE CONSTRUCTION SITE (IV) AGENCY S OCCUPATION AND USE OF BNSF'S PROPERTY OR RIGHT-OF-WAY, INCLUDING, WITHOUT LIMITATION SUBSEQUENT MAINTENANCE OF THE ROADWAY BY AGENCY, OR (V) AN ACT OR OMISSION OF AGENCY OR ITS OFFICERS AGENTS, INVITEES, EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE LIABILITY ASSUMED BY AGENCY WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT THAT THE DAMAGE, DESTRUCTION INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. ARTICLE IV — JOINT OBLIGATIONS IN CONSIDERATION of the premises, the parties hereto mutually agree to the following: 1. All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion must be promptly commenced by the party obligated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modifications during construction which affect BNSF will be subject to BNSF's approval prior to the commencement of any such changes or modifications. Avondale -Haslet Road C&M Agreement (7/11/2012) Form 0118, Rev. 09/21/06 Page 6 2. The work hereunder must be done in accordance with the Exhibit A and the detailed plans and specifications approved by BNSF. 3. Agency must require its contractor(s) to reasonably adhere to the Project's construction schedule for all Project work. The parties hereto mutually agree that BNSF s failure to complete the railroad work in accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability. Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations (BNSF or its related railroads) or to protect persons or property on or near any BNSF owned property. BNSF will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces The parties mutually agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF. 4. BNSF will have the right to stop construction work on the Project if any of the following events take place (i) Agency (or any of its contractors) performs the Project work in a manner contrary to the plans and specifications approved by BNSF; (ii) Agency (or any of its contractors), in BNSF's opinion, prosecutes the Project work in a manner which is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffics or (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project. The work stoppage will continue until all necessary actions are taken by Agency or its contractor to rectify the situation to the satisfaction of BNSF's Division Engineer or u ntil additional insurance has been delivered to and accepted by BNSF. Any such work stoppage under this provision will not give rise to any liability on the part of BNSF. BNSF's right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF agrees to immediately notify the following individual in writing: Patrick Buckley, P.E Senior Professional Engineer Transportation and Public Works City of Fort Worth 1000 Throckmorton Street, 2nd Floor Fort Worth, TX 76102 Phone: 817-392-2443 Email: Patrick.Buckley@fortworthtexas.gov 5. Agency must supervise and inspect the operations of all Agency contractors to assure compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all safety requirements of the BNSF railroad. If BNSF determines that proper supervision and inspection is n ot being performed by Agency personnel at any time during construction of the Project BNSF has the right to stop construction (within or adjacent to its operating right-of-way). Construction of the Project will n ot proceed until Agency corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the situation is not being corrected in an expeditious manner, BNSF will immediately notify Agency's Project Representative Patrick Buckley for appropriate corrective action. 6. Pursuant to this section and Article II, Section 6 herein, Agency must, out of funds made available to it for the construction of the Project", reimburse BNSF in full for the actual costs of all work performed by BNSF under this Agreement. 7. All expenses detailed in statements sent to Agency pursuant to Article II, Section 6 herein will comply with the terms and provisions of the Federal Aid Highway Program Manual, U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made a part of this Agreement by reference. The parties mutually agree that BNSF's preliminary engineering, design, and contract preparation costs described in Article II, Section 2 herein are part of the costs of the Project even though such work may have preceded the date of this Agreement. Avondale -Haslet Road C&M Agreement (7/11/2012) Form 0118, Rev. 09/21/06 Page 7 8. The construction of the Project will not commence until Agency gives BNSF's Manager Public Projects thirty (30) days prior written notice of such commencement. The commencement notice will reference BNSF's file number 274638F and must state the time that construction activities will begin. 9. In addition to the terms and conditions set forth elsewhere in this Agreement, BNSF and the Agency agree to the following terms upon completion of construction of the Project: (a) Agency will own and be fully responsible for repairs, maintenance, future construction or reconstruction of the Avondale -Haslet Road roadway. (b) Agency will maintain the elevation of the Avondale -Haslet roadway and sidewalk approaches to match the elevation on the railroad track crossing surfaces. (c) To the extent allowed by law, Agency will maintain the advanced railroad crossing warning signs, pavement markings, and detectable warnings and agrees to hold harmless and indemnify BNSF for any claims, damages or losses, in whole or in part, caused by or due to the Agency's failure to maintain the advanced warning signs, detectable warnings and markings or other requirements of the MUTCD. NOTHING IN THIS AGREEMENT SHALL EVER BE CONSTRUED SO AS TO REQUIRE AGENCY TO CREATE A SINKING FUND OR TO ASSESS LEVY AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS UNDER THIS PARAGRAPH 9 (c) OF THIS AGREEMENT. (d) Agency will do nothing and permit nothing to be done in the maintenance of the Avondale -Haslet Road roadway, which will interfere with or endanger facilities of BNSF (e) If at any time, BNSF shall desire the use of its rail corridor in such a manner as would, in BNSF's reasonable opinion, be interfered with by the drainage ditch shown on Sheet 5 of the Exhibit A, Agency shall, at its sole expense, within sixty (60) days after receiving written notice from BNSF to such effect, make such changes in the drainage ditch as in the sole discretion of BNSF may be necessary to avoid interference with the proposed use of BNSF's rail corridor including, without limitation, the relocation of the existing or the construction of a new drainage ditch located off BNSF's right of way. (f) (9) It is expressly understood by Agency and BNSF that any right to install utilities will be governed by a separate permit or license agreement between the parties hereto. BNSF will, at its sole cost and expense, operate and maintain the Crossing Signal Equipment, Crossing Signal Control House, and the new crossing surfaces, from end -of - tie to end -of -tie, in proper condition. (h) Notwithstanding the preceding provision, if any regulations, ordinances, acts, rules or other laws subsequently passed or amended by the Agency or any other governmental or legislative authority increase the Agency's portion of maintenance cost under this Agreement, BNSF will receive the benefit of any such regulations, ordinances, acts, rules or other laws and the Agency's increased portion of maintenance costs will be incorporated into and made a part of this Agreement. If a railway or highway improvement project necessitates rearrangement, relocation, or alteration of the Crossing Signal Equipment, Crossing Signal House, or the new crossing surface installed hereunder, the costs for such rearrangement, relocation or alteration will be the responsibility of the party requesting such changes. 10 Agency must notify and obtain prior authorization from BNSF's Manager Public Projects before entering BNSF's right-of-way for Inspection and Maintenance purposes and the BNSF Manager Public Projects will determine if flagging is required. If the construction work hereunder is contracted, Agency must require its prime contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-1, as (i) Avondale -Haslet Road C&M Agreement (7/11/2012) Form 0118, Rev. 09/21/06 Page 8 the same may be revised from time to time. Agency will be responsible for its contractor(s) compliance with such obligations. 11. Any books, papers, records and accounts of the parties hereto relating to the work hereunder or the costs or expenses for labor and material connected with the construction will at all reasonable times be open to inspection and audit by the agents and authorized representatives of the parties hereto, as well as the State of Texas and the Federal Highway Administration, for a period of one (1) year from the date of the final BNSF invoice under this Agreement. 12. The covenants and provisions of this Agreement are binding upon and inure to the benefit of the successors and assigns of the parties hereto. Notwithstanding the preceding sentence, neither party hereto may assign any of its rights or obligations hereunder without the prior written consent of the other party. 13. In the event construction of the Project does not commence within six (6) months of the Effective Date, this Agreement will become null and void. 14. To the extent allowed by law, neither termination nor expiration of this Agreement will release either party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration. NOTHING IN THIS AGREEMENT SHALL EVER BE CONSTRUED SO AS TO REQUIRE AGENCY TO CREATE A SINKING FUND OR TO ASSESS, LEVY AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS UNDER THIS AGREEMENT. 15. To the maximum extent possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement is prohibited by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of such prohibition or invalidity and the remainder of the provision will be enforceable. 16. This Agreement (including exhibits and other documents, manuals, etc. incorporated herein) is the full and complete agreement between BNSF and Agency with respect to the subject matter herein and supersedes any and all other prior agreements between the parties hereto. 17 Any invoices or notice provided for herein or concerning this Agreement must be in writing and will be deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the following addresses: BNSF Railway Company: Agency: Manager Public Projects 5800 North Main Street Saginaw, Texas 76179 Patrick Buckley, P.E., Project Manager City of Fort Worth Transportation and Public Works Department 1000 Throckmorton Street Fort Worth, Texas 76102 Avondale -Haslet Road C&M Agreement (7/11/2012) Form 0118, Rev. 09/21/06 Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first above written. CITY OF FORT WORTH ATTEST: MayJ.Kays City Secreta 16o6.Z M&C Date: ( • I S • f 'a 41tallint0i-S* APPROVED AS TO FORM AND LEGALITY: DouBlack Assistant City Attorney Avondale -Haslet Road C&M Agreement (7/11/2012) BNSF RAILWAY COMPANY By: �-- - Printed .Name: Timothy J. Huya Title: Manager Public Proiects Date: 1 `el I L' ATTEST: By; Printed Name: Title: Date: APPROVED• Fernando Costa Assistant City Manager Date: APPROVAL RECOMMENDED* DouglaWJN. Wiersig, P.E. Director, Transportation & Publiorks Form 0118, Rev 09/21/06 Page 10 THE BETSY PRICE MAYOR THOMAS HIGGINS CITY MANAGER DOUGLAS W. WIERSIG, P.E. DIRECTOR TRANSPORTATION AND PUBLIC WORKS S. FRANK CRUMB, P.E. DIRECTOR WATER DEPARTMENT A10. PRO,FCT NO. IOU 90 CITYOF FORTWORTH FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING LJ STREET RECONSTRUCTION FOR AVONDALE-HASLET ROAD (HASLET CT. - WILLOW CREEK DR.) BNSF RAILROAD EXHIBIT"A" PROJECT LOCATION CITY PROJECT NO. 01414 ENGINEERS: LOCATION MAP AN CONSULTANTS.L.L.C. NIOm9INO PURVLYORS LANNERS AN.A CONSULTANTS, L.L.C. ENGINEERS' SURVEYORS• PLANNERS 1330 AIRPORT FREEWAY/ SUITE 410 / EULESS, TX78040 PH-91 Z805.9000 / FA X-819,335.9965 TAPE FIRM NO. 20 2011 SHEET N0 SHEET INDEX DESORPTION COVER RAIL ROM CKHBIT "A" PLAN 4 PROME 10F 1 RAL ROM EXHIBIT 'A? LAYOUT I OF 2 RAL ROAD EXHIBIT "A" LAYOUT 2 OF 2 RAL ROAD EXHIBIT "A' CHANNEL LAYOUT RAL ROM) EXHIBIT "A" PHASE IWORK ZONE I OF 2 RAL ROAD (01BIT "A" PHASE !WORK ZONE 2 OF 2 RM ROAD EXHIBIT "A" PHASE MORN ZONE I Of 2 RM. RCM EXHIBIT "A" PHASE MWORK ZONE 2 OF 2 PRELIMINARY - FOR REVIEW ONLY These documents ore for Design Review and not Intended or Construction, Bidding or Permit Purpeaes. They were prepared by. or under supervision of MARK N. ASSAAD 87619 NOV 2011 Type or PM None PE • Dole TBPE FIRM • 20 4 OUL/ O1) U1rLI 3 • C, AV ND��A�,II,, S A. 0.63.7 PROP. T/P-847.75 l32'L END PROP. CURB PROP. T/P-847.7 0�� RD 44 wltT L—� I ADA DET _Cl. AVID, STA. SU R.R. CRC MP 1R 9. A9+00 lSJ •50..IDOI77. 4. 32' ' RD STA. 5R.77.2U.32'R� END PROP. PROP. T/P-847•847.87 CL AVONDAIFEHASIYT Rn STA. 50.82.89. 32' RT PROP. T/P-847.91 PNur /u T E>I GR(UND 0 / ENIGEERING • SURVEYORS • PLANNERS 1331 AIRPORT FREEWAY / SORE 410 EULESS. TX.76040 (817)335-9900 FAX!(B 7)335-9955 Ilucom TBPE REGISTERED ENGINEERING FIRM NO. 20 ANA PROJ / 100190 NO REVISION BY DATE MNAm °emeti MCM MNA DHCCHCD P 50+00 to wl ce pP NA\ P• / C AVONDA E-HASLET RD 't �,PROP. T/P•847.847.84 E AVONDALErHASI FT RD STA. 50.78.57, 32' LT PROP. CURB PROP. T/P-847.88 W APPROX. L0CA11111- 0R SURVC( LNL T—CL AVONDALE HASLET I ?. rt� Cl AVONDALE-HASI ET RD, STA. 50.98.34, 32' RT BEGIN PROP. CURB PROP. T/P-848.03 p\: CL AVONDAI F-HASI FT RD u,1 STA. 50.92.95. 32' RT PROP. T/P•848.52 el AVONDALE HASLET RD. I I I100 AIL OAD IROW I �'HUF�VSEOLUES L.N I ALCINL, �NUJL ILU. U, LJ FORT WORTH Ufa Scale HOPIZ VERT GO C -1 I. LL ,:,. U / 51+00 Dote I NOV 2011 City Project Number 01414 nem '1 br D 4b PVI STA: 51+9 00 • S.. 431C'A LVC: 100.00 1 AVONDALE HASLET ROAD D T ct U a SION >o GRAPHIC SCALE r r m SCALE : 1' - 20' BENCHMARKS PAILS MON J1485 - SET VERTICALLY IN THE EAST FACE OF THE MOST EASTERLY OF THREE COLUMNS OF THE MOST NORTHERLY PIER OF THE U.S. HWY 81/287 BUSINESS BRIDGE CROSSING OVER US. HWY 81/287 FlFV-80050 2. TOMB - RAILROAD SPIKE IN SOUTH SIDE OF POWER POLE ON THE NORM SIDE OF AVONDALE-HASLET ROAD. APPROXIMATELY 600' WEST OF THE CENTERLINE OF AVONDALE FARMS DRIVE Ft FV - 85187 UTILITY NOTE ME Unt Tt HOWN ON ME PLANS WERE COMPILED PROM VARIOUS SOURCES A!O ARE INTENDED TO SNOW MC CENLYAL IXISr&ILC AND LOCATION or URLmc. w ME A4b OF CONSTRUCTION MC ENGINEER ASSUMES NO RGPONSIOUIY FOR ME ACCURACY OF ME Brun INFORMATION SHOWN ON ME NAYS. ME CONTRACTOR SHALL VERIFY ME EXACT LOCATION OF ALL MUTT PRIOR TO COMMUCTION. MC CONTRACTOR SHALL CONTACT URLIr? COMPANIG 45 HOURS IO OVERAWE MERE ANY Y CON LICT M1N MTIME PROPOSED CILITiw. ME CONTRACTOR SHALL NOTIFY ME ENGINEER IMMEDIATELY WHEN CONFLICTS WM ENISTWO UIIVIIrs ARC DISCOVERED ME FOLLOWING PHONE NUMBERS ARE PROVIDED FOR CONVENIENCE CONSIDERATION OF OMCR UTILITIES MAY BE RNUIRLO FORT WORM TER DEPT FMTCE NW CHARIER LR CCMMUNIG RCVS (N G81E4 MafOXNw or KSTERN UNTO! LINGI A rtr DOSS OVE ENNERGY (LOCATING SERVICE) Km7OV ONCOR ELECTRIC DELIVERY (BBO) 430-242 (BOB) 6T4-9575 617) J38-0212 800) 3448377 (ew) 8T7-BBM (BIN) 483-1000 (83) 215-6688 I WARNING TO CONTRACTOR: CALL I-800-344-8377 (OTC-TESS) OR OTHER UTILITY LOCATING SERVICES 48 HOURS PRIOR TO CONSTRUCTION ACTIVITY DUNAWAY ASSOCIATES LP IS NOT RESPONSIBLE FOR KNOWING ALL ENDING UTILITIES OR DEPICTING EXACT LOCATIONS OF UTILITIES ON DRAWINGS. 52+00 O DUNAWA 550 Bailey Avenue • Suite 400 • Fort Worth. Texas 76107 Tel' 817335.1121 • FwE. 817.335.7437 OXREG F-1114) 53+00 This document is for interim review and is not intended for construction. bidding, or permit purposes. MARK N ASSAAD NOV 7011 WB]61• E9 a HD 54+00 CITY OF FORT WORTH, TEXAS "AVONDALE-HASLET ROAD DOT NO 274638F RAILROAD MILE POST 18.24" BNSF RR WHICITA FALLS SUBDIVISION M.P. 18.24 PUB GR X NG HASLET RD RAIL ROAD EXHIBIT "A" LAYOUT 0 S✓✓ SHEET 2 OF �x w10-1 36" STA 40•10. 35'LT GENERAL NO1E5 1. SIGNAL CURCUITS ARE DESIGNED TO GIVE 20 SECONDS MINIMUM WARNING TIME (MWT). PLUS "0" SECONDS FOR CLEARANCE TIME (CT). PLUS "10• SECONDS FOR BUFFER THE (BT), PLUS "4" SECONDS FOR EQUIPMENT RESPONSE T1ME (ERT), FOR A TOTAL OF "34" SECONDS APPROACH TIME. PRIOR TO THE ARRIVAL OF THE FASTEST TRAIN AT THIS CROSSING. REFER TO THE SIGNAL CIRCUIT LAYOUT FOR TOTAL APPROACH TIME. (PROVIDED BY OTHERS) 2. AETOEUSEDNTTSILOATINRBCONSTANT NO UPGRADES ARE REQUIRED FOR CIRCUIT COMPATIBILITY. CONDUIT. FILL DIRT AND CRUSHED COVER ROCK TO BE FURNISHED IN PLACE BY THE RAILROAD COMPANY OR ITS CONTRACTOR AT THE CITY'S EXPENSE. THE RAILROAD COMPANY OR ITS CONTRACTOR WILL REMOVE THE EXISTING GATE AND DISPOSE OF THE FOUNDATIONS AND SIDE GATES. 5. THE CITY OR ITS CONTRACTOR TeLL FURNISH AND INSTALL OR REPLACE THE APPROPRIATE PAVEMENT MARKINGS AS OUTLINED ON THE ATTACHED LAYOUT AND STANDARD SHEET AND IN ACCORDANCE WITH THE GUIDELINES IN THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. CONSULTANTS.L.L.C. NO re P\ PROPOSED LOCAT OF RELOCATED p TED CONTROL CABINET -�T £\ EXISTING CONTROL ® BE RELOCATED S.EBY RLDNNDER Or N54 CROSSROADS F LTD 5910 N CENTRAL EXPRE tWAY. SURE 1250 DALLAS. TX 75206 CC I No D204335420 D RT CR. ENICEERING • SURVEYORS • PLANNERS 1331 AIRPORT FREEWAY / SUITE 410 EULESS. TX.76040 FAM0(81817335-9900 7)335-9955 Om c.co TBPE REGISTERED ENGINEERNG FIRM NO. 20 ANA PROJ.N 100190 REVISION BY I DATE I YE.P. & AB QFNERAL NOTES rONTNOFn 6. arc OR ITS L FURNISH AND NSTALLOR REPLACE OR THETHE FOLLOWING SIGNS IN ACCORDANCE WITH THE GUIDELINES IN THE TEXAS MANUAL 9N UNIFORM TRAFFIC CONTROL DEVICES (TMUTCD) AND THE STANDARD HIGHWAY SIGN DESIGNS MANUAL FOR TEXAS (SHSD): TWO (2) W10-1, ONE (1) W10-3, TWO (2) W10-9 AND TWO (2) RI5-4, ADA DETECTABLE SURFACE (TYPI CL AVONDALE-HASLET RD. lmw-waF78T5 U551NLr MP 18.24 "TOE BAR (TYP) 31 7 THE CITY OF FORT WORTH. AND TARRANT COUNTY AGREE TO MAINTAIN THE PAVEMENT MARKINGS AND ADVANCE WARNING SIGNS PLACED ALONG THE ROADWAY(S) UNDER THEIR JURISDICTION IN ACCORDANCE WITH THE TEXAS MUTCO AND AS SHOWN ON THE LAYOUT AND STANDARDS SHEET AS ACKNOWLEDGED ON THE TILE SHEET. 8. THE RAILROAD COMPANY OR ITS CONTRACTOR SHALL STENCIL THE DOT-ARR NUMBERS ON THE SIGNAL MASTS FACING THE ADJACENT ROADWAY IN 2" BLACK LETTERING. PEsp ® FORT WORTH MCM �•� oNawN MNA CRECHED 7 LOP 22 7104 GRAPEVINE HIGHWAYR C RICHLAND HILLS. TA 751210 COX. No D8)3323708 0 R.T.0 T. CL AV'NDALE-HASLEI K0. Scale d/ W10-I 36" STA. 53.5D 28' LT 0 0: CMFRAt NOTPC rrNTINI IFS. 9. THE CITY AGREES TO TRIM AND MAINTAIN TREES AND VEGETATION FOR ADEQUATE VISIBILITY OF THE CROSSING SIGNALS AND ADVANCED WARNING SIGNS AS ACKNOWLEDGED ON THE TITLE SHEET. 10. THE CONTRACTOR WILL PROVIDE ALL TRAFFIC CONTROL DURING CONSTRUCTION IN ACCORDANCE WITH THE GUIDEUNES IN THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES INCLUDING THAT NEEDED WHILE RAILROAD WORKERS ARE PRESENT. 11 VEVPD AND XX SPECIAL HICLE MOVES PER DAY AT XX MPH AND XX TRAINS PER DAY AT XX MPH. Date NOV 2011 City Prop I Number 01414 0 0 0 LOP PAUL R CRAY AND HARK ALLEN 13217 CHARLOtTC Alp LANE NVLETT. TX 76052 C C F. No D2053585E2 DRTCT DUNAWA 6' SIDEWALK 550 Balky Avenue • Suite 460 • Fort Worth. Texas 76107 Tel:1317.3351121 • F=817.335.7437 (1XREG. F-1114) 9 K AVONDALE HASLET ROAD steno (C) CHARLOTTE ANN LANE 0 cc J I_ 15' 12' CROSS-SECTION A -A (N. TS) This document is for Interim review and is not intended for construction, bidding. or permit purposes. MARK N ASSAAD NOV 7011Att 87619 GRAPHIC SCALE IN FEET wss im r LEGEND FLASHING LIGHTS STOP BAR (BY OTHERS) SIGNAL FOUNDATIONS. POLES FLASHING LIGHTS & GATES DENOTES SIGNAL NUMBER EgeMA RAILROAD CONC. PANEL WORK ZONE AREA BENCHMARKS 1, NCS MON J1485 - SET VERTICALLY IN ME EAST FACE OF THE MOST EASTERLY OF THREE COLUMNS OF ME MOST NORTHERLY PIER OF ME U.S. HWY 87/287 BUSINESS BRIDGE CROSSING OVER U.S HWY 87/287 FIFV - ROa 50 2 IBM B - RAILROAD SPIKE IN SOUTH SIDE OF POWER POLE ON ME NORTH SIDE OF AVONDALE-HASLET ROAD. APPROXIMATELY 600' WEST OF ME CENTERLINE OF AVONDALE FARMS DRIVE GIN R I8J UTILITY NOTE MC unities SHOWN ON ME PLANS NtRC COMPILED /ROY VARIOUS. SOURCE' MO ARC M(NO(O ro SHOW MC GENERAL CSI(NCC ANO 0.cARod OF UDLIDES IN MC AREA OF CONSIRUCIION MC MCLN UR ASSUMES NO RESPONSIBILITY FOP MC ACCURACY OE M[ UTILITY WNRMMICN SHORN ON MC IONS ME CONTRACTOR SHALL VERIFY ME owe LOCATION OF µl ununes PRIOR TO CONSTRUCTION INC CONTRACTOR SH4LL CONTACT UTILITY COMPA'IC 48 HOURS M ADVANCE 0' ANY CONSTRUCTION ACTIN TIC' IN ORDER IO OCTLRMINC It MERE IS ANY CONFLICT WITH MC PROPOSED FACILITIES ME CONTRACTOR SIYLL HOMY MC ENGINEER PACO/MY WNW CONFLICTS MM CXIST.G ununes ARC OISCO4RED C FOLLOWING PHONE UMBERS ARE PROVIDED FOR CONVENIENCE CONSIDERATION OF OMER anoints MAY BE RCOUIRED FOPr WaVM WA7(R OEPr (517) 192_8296 CHAR ( (TV ER�5N moon E) A rtt TEXAS' ON CALL (LOCAIINC SERVICE) AMOVCR ZON ONCOR QLCMF ONKRY MD) U6-9427 (80O N 79 6-90 (817 338•6202 (80) 344..3377 (e OO) 1741000 ) 483.4000 (668) 219-6555 WARNING TO CONTRACTOR. CALL l-BOO-344-BJA (DIG-TESS) OR OMER UTILITY COCA ONG SERVICES 4B HOURS PRIOR TO CLWSIRUcnow ACTIVITY DUNAWAY ASSOCIATES LP l5 NOT RESPONSIBLE FOR KNOWING ALL EXISTING UIILIRES OR DEPICTING EXACT LOCATIONS OF UTILITIES ON DRAWINGS 6' SIDEWKK CITY OF FORT WORTH, TEXAS "AVONDALE—HASLET ROAD DOT NO 274638F RAILROAD MILE FALLS SUBDIVISION 16.24" BNSF.18.24 PUB AGRAXINGSET R RAIL ROAD EXHIBIT "A" LAYOUT 0.1 PROJECT SHEET OF 9 r CONSULTANTS.L L.C. NO 49+00 L ENIGEERING • SURVEYORS • PLANNERS 1331 AIRPORT FREEWAY / SUITE 910 EULESS, U.78040 (817)335-9900 FAX0(817)335-9955 le.com TBPE REGISTERED ENGINEERING FIRM NO. 20 ANA PROD / 100190 REVISION BY DATE PROPOSED CONTROL CABINET A't L CONC PVMT RNSF RR R 0 V W STOP BAR (BY OTHERS) TYP SEE NOTE 5 5 _ 6.0' — 12" f 111j RR TIES NO ELHMAC TRANSITION 12" MIN DEPTH HMAC STREET CROSS-SECTION B-B (N.T.S.) -=� FORT WORTHMEM Seale MOM: CONC PANELS I2" HMAC TRANSITION CONC P1417 Dote 1 NOV 2011 City Prop<t Number 01414 CO N APPROX. LOCALS CR SURELY UME r CL AVONDALE-HASLET RD STA. 50.78.15 R.R. CROSSING MP 18.24 6' CONC SIDEWALK 6 0' I2" NOTE: 12" MIN DEPTH HMAC 1 ECK LOT 22 TERRY wAYNE DARROw 7104 GRAPEVINE HIGMNAY ROMIAW NUS. 1X 76100 C.O.P. No. 0203423708 0 R.Tc,7. AVONDALE HASLET ROAD `awn 3 C a L 4 CONC PANELS THMAC 7AANSITION �% RR TIES SIDEWALK CROSS-SEC770N C-C (N. T.S.) S DUNAWA 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tat: 817.335 1121 kw 817.335.7437 0XREG. F-1114) SIDEWALK 29 WIDE (MIN.) DETECTABLE WAR G e GRAPHIC SCALE IN FEET LEGEND FLASHING LIGHTS STOP BAR (BY OTHERS) SIGNAL FOUNDATIONS. POLES FLASHING LIGHTS & GATES # DENOTES SIGNAL NUMBER RAILROAD CONC. PANEL k Frl"Ty ; WORK ZONE AREA M I. OCSBENCHMON J14ARKS85 - SET VERTICALLY IN THE EAST FACE OF ME reosrEASTERLY OF THREE COLUMNS OF THE MOST NORTHERLY PIER OF PIE U.S HWY 8I/187 BUSINESS BRIDGE CROSSING OVER U.S HWY Bl/LIB) FIFV - R09 69 2. TBM B - RAILROAD SPIKE IN SOUTH SIDE OF POM£R POLE ON THE NORTH SIDE OF AVONDALE-HASLET ROAD, APPROXIMATELY 600' WEST OF THE CENTERLINE OF AVONDALE FARMS DRIVE. FIFV - R5/RR UTILITY NOTE ME UTAJDC SNOW' ON MC PI.WS ITERE COURLED PROP VARIOUS SOURCES NJD ARE MIMED n7 SHOW INC CLNWAL ENSTOLCE AND LOCATION OF WRITES IN ME AREA OF CONSTRUCVON Mc ENGINEER ASSVMC NO RCPON'JBvry FOR INC ACCURACY Or MC UINM ovroloMTON SHOWN ON ME PLANS ME CONTRACTOR SMALL VERIFY MC CA4Cr LOCATION OF ALL UPTON" PRIOR M CONSTRUCTION INC CONTRACTOR STALL coN(ACr UTILITY COMPANIES 48 MOORS IN AOYANCE Or ANY CONSTRUCTION AConTC IN OWO[W TO DETERMJC IF MERE IS ANT coNrticr HM ME PROPOSED FApuIEt ME CONTRACTOR STALL NOm, ME ENGINEER IMILOLA IEEY WHEN CONFLICTS MIN EXISTING °nuns ARE OTSCOYERLO DIE fOLLOWINC m ONC WIRER,, ARE ROWOW FOR CONVENIENCE CONSIDERATION M OMER UnLIl6 WY BC REWIRED FORr WORM WATER OEPr (BI7) 392-8296 CHARIER CO MUMCA TANS (N CJaE) b WNW OF WESTERN UNION LINES) TALI TEMOS oDERLYL (LOCATING SLRVCE) VERTIGO ONCOR LELMX DELIVERY `BIl) Ile 942 (60b) 024-9075 (01l) JOS-6202 (B00) 314.4377 (B00) 8,7-8090 Moo) W3-I000 (066) 2 5-66P0 I WARNING TO CONTRACTOR: CALL I-800.J44-B377 (DIG- TESS) OR OTHER UTILITY LOCA TING SERVICES 48 HOURS PRIOR 10 CONSTRUCTION ACTIVITY. DUNAWAY ASSOCIATES LP /5 NOT RESPONSIBLE FOR KNOWING ALL EXISTING UTILITIES OR DEPICTING EXACT LOCATIONS OF UTILITIES ON DRAWINGS. Elk 5140 R055NGPR 0' BACK OF CURB POSSIBLE CROSSING ARM (LOCATION VARIES) r OF on EWAN DETECTABLE WARNING LOCA770N AT RA LROAD CROSSING LOCATE FRONT EDGE OF DETECTABLE WARNING ANEL 12 TO 15 FEET FROM CENTERLINE OF NEAREST RAI ORIENT TRUCATED DOMES PARALLEL TO THE DIRECTION OF PEDESTRIAN TRAVEL. This document is for interim review and is not intended for construction. bidding, or permit purposes MARK N ASSAAD NOV 2011 rc 87619 CITY OF FORT WORTH, TEXAS "AVONDALE—HASLET ROAD DOT NO ,274638E RAILROAD MILE 1P�LO5ST 1pp8.��254pp" MNPF1824 PIUB AGRA% INGSHASLETI FO RAIL ROAD EXHIBIT •'A" LAYOUT NAT SHEET 4 OF LOT 22 TERM WAYNE BARROW 710. CMPMNC NOWAY RKNUIO HILLS Tx 70180 LF. No D703323708 9N i BllO ftfc FE.s 8c RpIFgOAR 4 NO MATCH LINE STA 11+50 - IR�P >„p ' Si 9NSY CO NSU LTA N TS.L.L.O. d ENICEERING • SURVEYORS • PLANNERS 1331 AIRPORT FREEWAY / SUITE 410 EULESS, TX.78040 8I7)335-9900 FA •(817)335-9955 wwwanallc.com TAPE REGISTERED ENGINEERING FIRM Na 20 ANA PROJ.N 100190 REVISION BY DATE -- I EXIST. BNSF RR R.O.W. MCP. 2 P R.R Co SURVEY Alf ABSTYCT 1131 EXIST. BNSF RR R.0 REMAINDER OF VISTA CROSSROADS 1, LTD 3910 N. CENTRAL EXPRESSWAY, SunE 1230 DWI Tx 73206 C C.F. W D204335120 MNA MEM o ANH MNA CHECKED CL RAIL ROAD TRACK < —DITCH With 4:1 Side Slope 17+00 I 116+00 EXIST. BNSF RR 12.0.11.1. EXIST. ANSF RR R.0.W. FORT WORTH NO PIZ Scats Date NOV 2011 City Proje t Numpar 01414 PROP CHANNEL @ 0.2% ----------------------------------------- DUNAWA 550 Batley Avenue • Suite 400 • Fort Worth. Texas 76107 Tel:817.335.1121 - Fwc 817.335.7437 MARTO. F-1114) 12+00 ��-EX GROUND •.7 N. SECTION A -A PROPOSED CHANNEL �XISTN BN SF\R ROW This document is for interim review and is not intended for construction, bidding. or permit purposes. MARK N ASSAAG 87619 NOV wn11 LEGEND A\ GRAPHIC SCALE IN FEET r rr j FLASHING LIGHTS STOP BAR (BY OTHERS) SIGNAL FOUNDATIONS, POLES FLASHING LIGHTS & GATES DENOTES SIGNAL NUMBER RAILROAD CONC. PANEL WORK ZONE AREA NCMR NCSBEMOANHAJ748KS5 - SET VERTICALLY IN THE EAST FACE OF IHE MOST EASTERLY OF THREE COLUMNS OF INC MOST NORTHERLY PIER OF THE U.S HWY 81/287 BUSINESS BRIDGE CROSSING OVER U.S HWY 51/287 FIFV - RO°5q 2.78m B - RAILROAD SPIKE IN SOUTH SIDE OF P011ER POLE ON THE NORTH SIDE OF AVONDALE-HASLET ROAD. APPROXIMATELY 600+ WEST OF ME CENTERLINE OF AVONBALE FARMS DRIVE FIFV - 851 '2 UTILITY NOTE ME ununa SIOMN ON MC PUNS R(RC COMPILED mow VARIOUS SOURCE; AND ARE NIUIOE9 10 SHOW MC GENERAL EXISTENCE AND LOCATION Of ununa IN MC AREA OF CONSTRUCTION ME ENGINEER ASSVNF' NO RESPONr38wY FOR ME ACCURACY OF MC UIVTY WFORMDCN SHOWN ON THE PUNS. ME CONMAC7OR SHALL %£RIFE ME oucr LOCATION OF ALL UfLT&S PRIOR TO ONSMLCINW ME CONTRACTOR MALL CONTACT URu1Y COMPANIES 4.6 HOURS N ADVANCE OR ANY CONSTRUCTION ACTIWTES IN CROCK 10 OVERMWE IF MERE 15 ANY CONTEXT NM ME PROPOSED RACISM: MC CORIRACIOR SMALL NOTRE ME MEWED? MME04IELY WHEN COVFUC1S INN a,SIMO myna ARE dSCOKRE0 IT FOLLOWING MONO MISER; ARC PROVWC) FIR CONVENIENCE CONyDMAnom OF OMER mina. MY DE REWIRED FOR) WORM 7E? DE f097 WORM Tw CHARTER CWMUMCATOV^ (N CABLE) MCI (OWNER OF WESTERN UNION TINES) A MT TEXAS EWEENCALLLL (LOCATING SERVICE) KMOS Y SON ONCOR (LECIRM OMER) (817) J91 8296 (811) 392-6100 (8818) 4.3-207 (8110J 624-0075 338-6202 (BOW 344-83)7 (BOO) 817-8090 (60O) 483-I000 (O8R) 21S-6685 I WARNING TO CONTRACTOR, CALL 1-800-J44-8377 (DIG-IESS) OR OMER USLOY LOCATING SERVICES 48 HOURS PRIOR TO CONSTRUCTION ACIIWTY. DUNAWAY ASSOCIATES LP (5 NOT RESPONSIBLE FOR KNOWING ALL EXISTING UTILITLES OR DEPICTING EXACT VOCATIONS OF UTILISES ON DRAMNGS CITY OF FORT WORTH, TEXAS "AVONDALE-HASLET ROAD DOT NO„274638F RAILROAD MILE POST 18.24 RNSF RR WHICITA FALLS SUBDIVI5I N M.P. 16.24 PUB GR I G H4 LE RR RAIL ROAD EXHIBIT "A" CHANNEL LAYOUT SHEET 5 OF WORK TO RF DONfr BY CiTY 1. FURNISH ANd INSTALL OR REPLACE THE APPROPRIATE PAYMENT MARKINGS. 2. FURNISH AND INSTALL OR REPLACE THE SIGNS AS INDICATED. CONSTRUCT CULVERT EXTENSIONS. 4. CONSTRUCT SOUTHERN HALF OF CONCRETE ROAD WITH FULL MEDIAN. WORK TO RE DONE RY THE RAII ROAD I. FURNISH, INSTALL AND MAINTAIN 6' x 6' SIGNAL HOUSE. EXISTING CONTROL CABINET TO, BE RELOCATED BY 10-1 36" STA. 49.00 5'LT PROPOSED LOCATION OF RELOCATED CONTROL CABINET mil rt H Ott /3 o A o o,nzz EXISTING GATE I613ElA41N.____----------- ------ExISTIM GATE TO REMAIN REMAINDER OF VISTA CROSSROADS 1. LTD 5910 N CENTRAL EXPRESSWAY, SUITE 1250 DALLAS. TX 75206 C.C.F. No. D204335429 D.R T.C.T. 2. FURNISH, INSTALL AND MAINTAIN CONCRETE PANELS. 3. FURNISH, INSTALL AND MAINTAIN n ) PERM. SIGNAL FOUNDATIONS & POLES (/I\/11 4. FURNISH, INSTALL AND MAINTAIN //�� TEMP. SIGNAL FOUNDATIONS & POLES ((3T�) 5. PERM. FLASHING LIGHTS & GATES (A). ANN CONSULTAN TS.LLC. NO ENICEERING • SURVEYORS • PLANNERS 1331 AIRPORT FREEWAY / SUITE 410 EULESS. TX.76040 FAX17335-900 •(817)335-9955 www ollc.cam TBPE REGISTERED ENGINEERING FIRM NO, 20 ANA PROJ./ 100190 REVISION BY DATE -p 9' Z C. \a Y1"73 o'75 ' ntAl2 xZ \04 �50.713.15 R RA CROSSING n- 'A AA I., 51{ . Co. SURVEY •17 ACT 1131 NOTE CONCRETE PANEL TO BE CONSTUCTED AT THE END OF PHASE I. 32 LF REMOVE & REPLACE 8 PANELS) 64 LF CONSTRUCT NEW 96 TOTAL LF o�a:m FORT WORTH ACM ORAN.. MNA CMOCROD Scale Hong 1-.20' Date I NOV 2011 City Project Numbor 01414 LOT 22 TERRY WAYNC"9AB8'h5' 7104 GRAPEvmr. 1PNRY RICHLAND HILLS. tie 76180 C.C.F. No. D203323708 wlo-1 STA. 54.00 28'LT AVONDALE HASLET ROAD — A+oo LOT 1 PAUL R. GRAY AND MARK A. ALLEN 13217 CHARLOTTE ANN LANE HASLETT. TX 76052 C.C.F. No. 0205358582 5 A DUNAWA 5508oUey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 • Fax 817.335.7437 11XREG. F-1114) This document is for interim review and is not intended for construction, bidding, or permit purpones. MARK N ASSAAO NOV 2011 s 87619 TOW. APCON't NO GRAPHIC SCALE IN FEET EGSL_ ' m TRAFFIC TO REMAIN ON EXISTING NORTH LANES. A SIGNAL FOUNDATIONS. POLES FLASHING LIGHTS & GATES DENOTES SIGNAL NUMBERS WORK ZONE AREA. © RAILROAD CONC. PANEL TEMP. POLE & GATE PERM. POLE & GATE • PERM. POLE BENCHMARKS I. NOS MON J1485 - so' VERTICALLY IN PC EAST FACE OF THE MOST EASTERLY OF THREE COLUMNS OF THE MOST NORTHERLY PIER OF NE U.S. HWY 81/287 BUSINESS BRIDGE CROSSING OVER US HWY BI/287 FIFV-R0o5Q 2 NUM 8 - RAILROAD SPIKE IN SOUTH SIDE OF POWER POLE ON ME NORTH SIDE OF AVONDALE-HASLET ROAD. APPROXIMATELY 600' WEST OF THE CENTERLINE OF AVONDALE FARMS DRIVE UTILITY NOTE mC urtoint SHOWN ON me PLANS WERE COMPILED PROW VARIOUS SOURCES AND ARC INTENDED TO SNOW NC CENPUL EXISTENCE AND LOCATION OP UPUOG IN mE ARCA 0i CONSIWUCDON mC ENCW6ER ASSUMES NO RESPONSWLIY FOR m6 ACCURACY OP ME UNM NFORY1nON SNOWN ON DIE PLANS THE CONTRACTOR SHALL VERIFY mE ever LOCATION OP ALL URLIRES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL CONTACT unary COMPANIES 48 HOURS IN AONNCC or ANY CONSTRUCTION ADDAMS IN OR0L ro DETERMINE IF MERE IS ANY coxncCr IRm mE PROPOSED FACILITIES me CONTACTOR SHALL MORAY AC pbNDY IMAICOIATELY EW CONFLICTS WIN COSTING ununa ARC DISCOVERED AINC FOLLOYANO PHONE UMBERS ARE PRONMO MR CONVENIENCE coxaDManOI Of OTHER MUTES WY BC REWIRED m r WORM WARY OCPr (817) 391-8196 FORT MORN WW (817) 392-8100 (DARTER COMMUNICATIONS (N CARLC) (888) 430-2417 a OWNER OF *envoy UNION LINES) (600) 074-9975 ntr gen, 338-6202 TEXAS ONE CALL (LOCATING SEANCE) (e00) 344-8377 AMOS ENERGY (800) 817-8000 VC 1 (800) 40J-7000 ONCOR ELECTRIC OEL ERY (888) 215-8688 I WARNING TO CONTRACTOR. CALL I-800-344-8377 (OTC-7ESS) OR OTHER UTILITY LOCAIWG SERVICES 48 HOURS PRIOR TO CONSTRUCTION ACTIVITY DUNAWAY ASSOCIATES LP IS Nor RESPONSIBLE FOR KNOWING ALL EXISTING UTILITIES OR DEPICTING EXACT LOCATIONS OF UTILITIES ON DRAWINGS. CITY OF FORT WORTH, TEXAS "AVONDALE-HASLET ROAD DOT NO ,274638F RAILROAD MILE LLPI�OST 1pp18I.1I22S4pp" MNPF18R23 PIUBAGRA%INSGSHtSLETIRO RAIL ROAD EXHIBIT "A" PHASE I WORK ZONE OAP PROJKOT SHEET 6 OF 48+00 NO ilessAym yA- 00 N SU LTA N TLLL C. 49+00 II L rn, nipiDpnR n.h 1 Im s PROPOSED CONTROL CABINET EXISTING CONTROL CABINET 61%61GRAVEL AROUND FINAL FOUNDATION TO PROTECT PAVEMENT • hi Faiaglo•1P! 1 WORK ZONE REMAINDER OF VISTA CROSSROADS I. LTD 5910 N. CENTRAL EXPRESSWAY, SUITE 1250 DALLAS, TX 75206 C C F. No 0204335429 ENICEERING • SURVEYORS • PLANNERS 1331 AIRPORT FREEWAY / SUITE 410 EULESS)S, TX.76040 FAX81700 •(817)33599955 auc.com TOPE REGISTEREDENOINEERNG FIRM NO. 20 ANA PROLE 100190 REVISION BY DATE to Rum FORT WORTH DRAWN MNA CHECHCO EXISTING GATE TO REMAIN & BE PROTECTED Scale HOPIZ I'e20' Date NOV 2011 City Prolod Number 01414 TERRY WAYNE BARROW 7104 GRAPEVINE HIGHWAY RICHLAND HILLS, TX 76160 C.C.P. No. 0203323708 D R.T.C.T. LEGEND ❑A TRAFFIC TO REMAIN ON EXISTING NORTH LANES. SIGNAL FOUNDATIONS, POLES FLASHING LIGHTS & GATES DENOTES SIGNAL NUMBER WORK ZONE AREA RAILROAD C9Lu4GNvNi E3TirMivAy TEMP. POLE 65Ndttzu 3,37O3 ON cT. PERM. POLE & GATE • PERM. POLE EXISTING GATE TO REMAIN AVONDALE HASLET ROAD TEMPORARY FOUNDATION, LIGHT & GATE P.R.R. Co. SURVEY •17 ABSTRACT 1131 DUNAWA SSO Bailey Avenue • Suite 400 • Fort Worth. Texas 76107 Tel:817.335.1121 • Fac 817.335.7437 (IXREG. F•1114) 1 This document is for interim review and is not intended for construction. bidding, or permit purposes. MARK N. ASSAAD 8761e1 NOV 2011,rz 1 GRAPHIC SCALE IN FEET m 0 10 v BENCHMARKS 1, NCS MON JI485 - SET VERTICALLY IN INE EAST FACE OF THE MOST EASTERLY OF THREE COLUMNS OF ME MOST NORTHERLY PIER OF THE U.S. HWY 8I/287 BUSINESS BRIDGE CROSSING OVER US HWY 81/28> FIFV RO9 SP 2, MU 8 - RAILROAD SPIKE IN SOUTH SIDE OF POWER POLE ON THE NORTH SIDE OF AVONDALE-HASLET ROAD. APPROXIMATELY 600' WEST OF THE CENTERLINE OF AVONDALE FARMS DRIVE FIFV -RSIST UTILITY NOTE ME owns SHOWN ON INC MANS WERE COMPILED FROM VARIOUS SOURCE AND ARE WIVV0C0 TO SNOW MC LMLRAL EXISRNCC AND LOCATION OF UOunES IN MC AREA OP coxsmucMV MC ENCAMP ASSUMES NO RESPONSIBILITY MIR ME ACCURACY OP INC DRUM NPOD ATICN SHOWN ON MC PUNS ME CONMACFOR SMALL MAIM INC EXACT LOUII0N OF ALL (mono PRIOR TO CONSTRUCTION. MC C0SmACTOR SHALL coNrocr unto), COMPANIES O HOURS M A0WNCE OF ANY CONSTRUCTION ACTMTLS IN ORDER IO OE2RMWC IF MCRC 15 ANY CONFLICT MM MC PROPOSED ACCTURES ME CONTRACTOR SHALL NOTIFY MC mW cN( EDMIELY IMcOIFUC7 MM CXISTWO UM/TICS ARC DSCOKRCD INC FOLLOWING RKK2 NUMMAS ARC PROWOED FOR CONVENIENCE CONSIDERATION OF OMER UNUnES AMY BE MWIRLV FORT WORM WATER OEPr (BIF) J02-829G CHARTER 0OMMUNICA T»V5 (TV CABLE) O (OIWER OF WESTERN UNION ONES) AT&T TEXAS ONE CALL (LOCATING SERVICE) AMOS ENERGY uARITON ONCOR ELECTRIC DEANERY (BDH) U9-2127 (800) 024-9675 (MR 338-6202 (800) 817-9090 (00a) A U-10.tl (896) 215-6653 WARNING TO CONTRACTOR. CALL 1-800-344-8377 (DIG-TESS) OR OTHER UTILITY LOCATING SERVICES 48 HOURS PRIOR TO CONSTRUCTION ACTIVITY. DUNAWAY ASSOCIATES LP IS Nor RESPONSIBLE FOR KNOWING ALL EXISTING UTILITIES OR DEPICTING EXACT LOCATIONS OF UTILITIES ON DRAWINGS. WORK TO BE DONE RY CITY 1. FURNISH AND INSTALL OR REPLACE THE APPROPRIATE PAYMENT MARKINGS. 2. FURNISH AND INSTALL OR REPLACE THE SIGNS AS INDICATED. 3. CONSTRUCT CULVERT EXTENSIONS. 4. CONSTRUCT SOUTHERN HALF OR CONCRETE ROAD WITH FULL MEDIAN. WORK TO BE DONE RY THE RAW ROAD 1 FURNISH, INSTALL AND MAINTAIN 6' x 6' SIGNAL HOUSE 2. FURNISH, INSTALL AND MAINTAIN CONCRETE PANELS, 3. FURNISH, INSTALL AND MAINTAIN PERM. SIGNAL FOUNDATIONS & POLES (/ ,,A) 4. FURNISH, INSTALL AND MAINTAIN /�� TEMP. SIGNAL FOUNDATIONS & POLES (/3t ) 5. PERM. FLASHING LIGHTS & GATES (A) CITY OF FORT WORTH, TEXAS "AVONDALE-HASLET ROAD DOT NO „274638F RAILROAD MILE POST 18.24 M.P. 1R6R24 CB ACR AXLSG SVITTSION RD RAIL ROAD EXHIBIT "A" PHASE I WORK ZONE DM PROJECT SHEET 7 OF e CI 0-1 36" 5I6=12: ♦�y..Ipp. ran WORK TO RF IJONF RY THE RAII ROAD 1. RELOCATgD THE EXISTING SIGNAL FOUNDATION AND GATE ARM TO THE APPROPRIATE LOCATION FOR TEMPORARY USE. FURNISH, INSTALL AND MAINTAIN SIGN MOUNTING BRACKETS FOR THE REPORT SIGNS (R15-4) AT THE CITY'S EXPENSE. 5910 N. EXISTING CONTROL CABINET TO BE RELOCATED BY B.N.S.F. m� 9p PROPOSED LOCATION OF RELOCATED CONTROL CABINET SIGNAL FOUNDATION POLE. GATES AND LIGHTS TO BE REMOVED REMAINDER OF VISTA CROSSROADS I, LTD CENTRAL EXPRESSWAY, SUITE 1250 DALLAS. TX 75206 C.C.F, No. D209335429 3. STENCIL THE DOT-AAR NUMBERS ON THE SIGNAL MASTS FACING THE ADJACENT ROADWAY IN 2' BLACK LETTERING. REMOVE EXISTING GATES (2). 5. FURNISH. INSTALL & MAINTAIN SIGNAL FOUNDATION AND POLE (A & A) 6. FURNISH. INSTALL & MAINTAIN pp //�� FLASHING LIGHTS AND GATE ( 1 /3\ &A) AFTER PAVEMENT IS CONSTRU D. WORK TO BE DONE BY CITY 1, FURNISH AND INSTALL OR REPLACE THE APPROPRIATE PAVMENT MARKINGS. 2. FURNISH AND INSTALL OR REPLACE THE SIGNS AS INDICATED. .4 NO CONSUL TANTS.L.L.C. ENICEERING • SURVEYORS • PLANNERS 1331 AIRPORT FREEWAY / SUITE 410 EULESS. TX.78040 %817)35-90 (817)335-9 FA 955 wwww.orlalle.COM TOPE REGISTERED ENGINEERING FIRM NO. 20 ANA PROJ.# 100190 REVISION BY DATE tm \a aA P.. 712.C. p rialP O.a p 19.pr tp '6c-2%'x \f 75a�� 09 O SIGNAL FOUNDATION O•es'2, iy, AND POLE TO BE REMOVED M rTA. 50.76.15 .R.. CROSSING A i,_ 1\WY'almon IA Aar 3-- -r TEMP. SIGNAL FOUNDATION POLE. AND GATES INSTALLED PHASE I NDATION ATES HASE 1 E P. P. P.R ' . Co. SURVEY 417 ABSTRACT 1131 °M<�m FORT WORTH MNA LOT 22 TERRY WAYNE BARROW 7104 GRAPEVINE HIGHWAT RICHLAND HILLS. TX 76180 C.C.F. No. D203323706 CJX Scoia MORC I�40 Date NOv 2011 City Prof* t Number 01414 0 WID-1 36" STA. 59.00 12' LT LOT 1 PAUL R, GRAY AND MARK A. A.LEN 13217 CHARLOTTE ANN LANE HASLETT. TX 76052 C.C.F. No. D205358582 '~DUNAWA 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tot: 817.335 1121 Fax 817.335.7437 MEG F-1114) cc I FGFND O LEGEND E TRAFFIC TO SHIFT TO NEW SOUTH LANES. SIGNAL FOUNDATIONS, POLES FLASHING LIGHTS & GATES DENOTES SIGNAL NUMBER TEMP. POLE & GATE PERM. POLE & GATE • tPOLE AVONDALE HASLET ROAD 57^(18 o (o q CHARLOTTE ANN LANE Tbis document is tor Interim review and is not intended for construction. bidding, or permit purposes. MARK N. ASSAAD NOV 2011 a .INTO 9�k.9Nc N* GRAPHIC SCALE IN FEET MR a RAILROAD CONC. PANEL WORK ZONE AREA BENCHMARKS 1. NGS MON JT485 - SET VERTICALLY IN ME EAST FACE OF IHE MOST EASTERLY OF THREE COLUMNS OF 7HE MOST NORTHERLY PIER OF THE U 5. HWY B1/287 BUSINESS BRIDGE CROSSING OVER U.5 HWY 81/287 FI FV - R00 50 2 77M B - RAILROAD SPIKE IN SOUTH SIDE OF POWER POLE ON THE NORM SIDE OF AVONDALE-HASLET ROAD. APPROXIMATELY 600' WEST OF THE CENTERLINE OF AVONDALE FARMS DRIVE Ft Ft, _ R5/B1 UTILITY NOTE M( Wynn' SHOWN ON INC PLANS WORE COMPILED IROII VARIOUS SOURCES ANO ARC NI(NOEO N SNOW The GLN0.4L IXKIMC( AND LOCATION OF UnUncs IN M( ARV OF CONSTRUCTION ME ENGINEER ASSUMES NO RESPONSIBILITY MR ME ACCURACY OF ME UTILITY NNRMATION 3N0IN ON ME PLANS ME CONTRACTOR SHLL YCYPY ME Gaon LOCATION OF ALL ununE PRIOR TO CONSTRUCTION ME CONTRACTOR SHALL coNrAcr Goon COMPANIES 48 HOURS IN ADVANCE OF ANY CONSMUCrpN ACIMIIC IN OR09( TO DO(RMAWC IF MERE 15 ANY miner MM M( PROPOSED FACILMES ME CONTRACTOR SHILL Homy ME ENGINEER IMMEDIATELY *MEN CONFLICTS MN EXISTING UTARKS ARC DISCOVERED M( FOLLOWING PHONE NUMBERS ARE PROMO, FOR CONVENIENCE CONstoou7CN OF OMER Goings WY BE REWIRED PORT WORM WARW OEPT (1I7) 392-8296 FGfl WORM NW (BIT) 392-BIRO CHARIER COMMUMCAnons (TV CABLE) (BBB) 411-0427 MO (OMER OF WESTERN UNION UNC) (000 024-9075 Arty (017 DB-L202 TEXAS ONE CALL (LO4nNC tRWC) (B0) 344.d377 OS ENERGY (BOO) Br7-BODE) *Faun (two) 403-1000 ONCOR ELECMC DI/VERY (BBB) 215.005 WARNING TO CONTRACTOR. CALL I-800-344-8377 (0/C-IESS) OR OTHER UTILITY LOCARNO SERNCES 48 HOURS PRIOR TO CONSTRUCTION Acntiny. DUNAWAY ASSOCIATES LP IS NOT RESPONSIBLE FOR KNOWING ALL EXISTING URLIRES OR DEPICTING EXACT LOCATIONS OF UTILITIES ON DRAWINGS. CITY OF FORT WORTH, TEXAS "AVONDALE—HASLET ROAD DOT NO„274638F RAILROAD MILE LPOST 1Df8.�2240 BNSF.18.24 PUB AGRAXINCSHASLET I RD RAIL ROAD EXHIBIT "A" PHASE II WORK ZONE SHEET 8 OF 49+00 WORK TO RF DONE RY THE RAII ROAD 1. RELOCATED THE EXISTING SIGNAL FOUNDATION AND GATE ARM TO THE APPROPRIATE LOCATION FOR TEMPORARY USE. 2. FURNISH, INSTALL AND MAINTAIN SIGN MOUNTING BRACKETS FOR THE REPORT SIGNS (R15-4) AT THE CITY'S EXPENSE. 3. STENCIL THE DOT-AAR NUMBERS ON THE SIGNAL MASTS FACING THE ADJACENT ROADWAY IN 2" BLACK LETTERING. 4. REMOVE EXISTING GATES (2). 5. FURNISH. INSTALL & MAINTAIN � SIGNAL FOUNDATION AND POLE (A & 4 ) 6. FURNISH, INSTALL & MAINTAIN � FLASHING LIGHTS AND GATE (i &/4\) AFTER PAVEMENT IS CONSTRU D. WORK TO RF DONF RY CITY 1. FURNISH AND INSTALL OR REPLACE THE APPROPRIATE PAYMENT MARKINGS. 2. FURNISH AND INSTALL OR REPLACE THE SIGNS AS INDICATED. CONSULTANi£L L.0 NO L PROPOSED CONTROL CABINET NN C EXISTING CONTROL CABINET ., 8'SECTISNS Y7 (ROUND, UNP a0.60.00 CATED TYPE F 1489) GATE ING GATE— CI cc REMAINDER OF VISTA CROSSROADS I, LTD 5910 N CENTRAL EXPRESSWAY, SUITE 1250 OALLAS. TX 75206 C.C.C. No. 0204335429 ENICEERINC • SURVEYORS • PLANNERS 1331 AIRPORT FREEWAY / SUITE 410 EULESS, 1476040 FAX817335-900 (817)335-9955 mwm.onalle. TBPE REGISTERED ENGINEERING FIRM NO 20 ANA PROJ # 100190 REVISION MNA PEOINW MCM DRNON I MNA BY DATE `N"AIR" EXIST. BNSF RR FORT WORTH k Scale NORM \mA .0 LOT 22 7104 GRAPEVINE HIGHWAY RICHLAND HILLS, TX 76180 C C.F. No. D203323708 TERRY WAYNE BARROW STA. 50.85.20 RELOCATED TYPE F (APR 1489) GATE EXISTING GATE TO BE REMOyfacl0 F'UUNtlO �IFI N ffi1� AFTER PAVEMENT RUCTED USING EXIST. APPRox LO twN CONCRETE PANELS Date NOV 2011 City Prop t Number 01414 PHASE II WORK ZONE - THE RAILROAD SHALL INSTALL TYPE F (APR 1489) SIGNAL WITH 1-24' ARM AND BELLS AS SHOWN M E.P. a P.R.R Co SURVEY •17 ABSTRACT 1131 SDUNAWA EXIST. RNSF RR R 0 W 550 Bailey Avenue • Tulle 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 • Fax: 817.335.7437 IIXREG F9114) loge OW 710GRAPEVWEDHGHWAY RICHLAND WU.S. TA man C C.F. Ho. 0203323103 DPTCT CNN LEGEND Q TRAFFIC TO SHIFT TO NEW SOUTH LANES. SIGNAL FOUNDATIONS. POLES FLASHING LIGHTS & GATES DENOTES SIGNAL NUMBER ■ TEMP. POLE & GATE PERM. POLE & GATE • PERM. POLE AVONDALE HASLET ROAD LOT 1 PAUL R. GRAY AND 13217 CHARLOTTE ANN LANE HASLETT. TX 76052 C C F. No.0205356582 This document is for interim review and is not intended for construction, bidding, or permit purposes. MARK N ASSAAD NOV 2011•R 87619 D /Wt. uC.Nec No GRAPHIC SCALE IN FEET 6 I 0 w RAILROAD CONC. PANEL WORK ZONE AREA BENCHMARKS i, NGS MON JI485 - SET VERTICALLY IN THE EAST FACE OF THE MOST EASTERLY OF THREE COLUMNS OF THE MOST NORTHERLY PIER OF THE U.S. HWY 81/287 BUSINESS BRIDGE CROSSING OVER US HWY 8//287 FIFV - R0930 2. TOM B - RAILROAD SPIKE IN SOUTH SIDE OF POWER POLE ON THE NORTH SIDE OF AVONDALE-HASLET ROAD. APPROXIMATELY 600' WEST OF THE CENTERLINE'OF AVONDALE FARMS DRIVE. FIFV - RSI UTILITY NOTE Int Sd RCE; µ0 ARESHOWN MIENM[O TO SNOW MCC GENERAL oiSIENCC AND LOCJMY or ORures W ME A•WA of CONSTIOCRON INC ENCMiR ASSUMG NO RNPONSWOW FOR ME ACCURACY OP MC WIUTY NFORI4TON SHOWN ON ME PLANS. ME CONIRACIOR MULL YERIFY M< cz.cr LOGTION or ALL Ununts PRios IO CONSMUCTIOK ME cONMACNR SMALL spawn UOUTY CouPmlES 48 HOURS M ADWNCE Of ANY CON:MUcncw ACMIRES IN ORDER E AS ANY CONFLICT WM MC PROPOSED A U�SNME CONt If RMACNR MALL NORM ME LNGNEER 38E704IELY RWEN coN$VCTS P1M EXIS7WG UnUTKS ARE OSCOKRE0 ME FOLLOWING PHONE NIMBWS ARE PROVIDED FOR CONIENIENCC CONSI0O40oI or OMER Ununa AMY BC REWIRED FORT WORM no Derr (817) 392.5296 FCRr WRM MW On?) J92-8100 GRAPIER CO MuMCA nWS (TV CARLF) Maul 438-2427 O (OXNFR & WC/ERN UNION LANES) (60o 624-90r5 AT&T (812 33a-6M2 IEYAS ONE CALL (LOGnNC SERVICE) (a ) 344-8377 AMOS ENERGY (800) 817-9090 KRAZON (goo) 483-1000 MEMR EILCME DfLMRY (888) 215-6685 WARNING TO CONTRACTOR. CALL I-800-144-8377 (DIG-TESS) OR OTHER UTILITY LOCAJIN6 SERVICES 48 HOURS PRIOR TV CONSTRUCTION ACTIVITY. DUNAWAY ASSOCIATES LP IS NOT RESPONSIBLE FOR KNOWING ALL EXISTING UTILITIES OR DEPICTING EXACT LOCATIONS OF UTILITIES ON DRAWINGS. CITY OF FORT WORTH, TEXAS -AVONDALE-HASLET ROAD DOT NO „274638F RAILROAD MILE 1P�I��6ST 1pp8.��254p MNPF 1824 PIUB GRAXINCSHAASI.ETI RO RAIL ROAD EXHIBIT "A" PHASE II WORK ZONE SHEET 9 OF \1\\\\\\,\\\\ ,, 0\ \\ \ \�\\1\ \\\\\ ijNSF 7t/d �1\\‘ \ \,\ \\ \ d wA DITCH FLOWUNE ELEV 840.00 STA. 0+00.00 .- NORM RETAINING WALL STA. 5I+01.40 ^' CL A-H ROAD. 63.04 LT BEGIN WALL & CONC. FLUME DITCH-. N 38359.33 E 94977.I1 FLOIKINE ✓ 36" SD -LINE C S (SEE SHEET 20) & -t 1 \,I 1 , 86.0 85( 845 840 8.3.5 DITCH FLOWVNE ELEV 840.50 bl 2' CONC. MOW STRIP a R. • --A (-(C! A-H R0A(2) V11 • MNrflt 11 Cti ISM CONCRETE FLUME AVONDALE-HASLET ROAD -J<FUu EX. 24_WL CAUTION! BURIED CABLE, FIBER OPTICS & ELECTRIC LINES CONTRACTOR TO COORDINATE WORK IN THIS AREA MIN UTILITY COMPANIES FLOW - A 1.00% _ / 11 NORTH RETAINING WALL d,501 I TR" PCP .SO-UNrI" SEE SHEET 20 n-ry I, J14 310 0+00 PW FAG n dmdum No. I - Updated retaining wall area IN QI dendum No. I - Replace pipe undeMLoln with 4" weep hole IN dander No. 1 - Revised Length end moo of retaining wall IH NO REVISION TIA_0+19-^2 ELEV. - 841.00 '0/II/li '0/16/I: 12/16/1: BY DATE ' I 343' bVERAu LEivcm PE IESIR AN RAIL \\\-BOT, OM 0- N 1+00 0,- OF wnlL 9STl JC CAOUNa.} -FINISHED RAGE l Scale HOPEZ AS SHOWN AS SHOWN .41 2+00 Date DECEMBER 2012 City Prole t Number 01414 LOT' t: 'Fro. R ^"1 Iv :'rCT . DITCH FLOWLINE ELEV 843.63 STA. 3+42.92 r- NORTH RETAINING WALL STA. 54+45.24 '- CL A-H ROAD, 4112 LT END WALL N 38351.96 E 95316.43 NORTH RETAINING WALL 0 0 BACK OF WALL — 54+00 ADDITIONAL L3ARS A&B 3 EACH SIDE F PIPE L2 /7 BARS E.F.ARS E. RETAINING/HEAOWAU ADDITIONAL REINFORCING AT PIPE OPENING + •5 It RS .‘...”-c-%A44 S.Y. OF 12• ROCK RIP -RAP WITH 6" BEDDING A GEOTEXRLE FABRIC STA. 54+52.77 A. CL A 45.36; LT END coma FL M£ & AE INTO RIP -RAP N 38354.956 E 95324.067 NORTH RETAINING WALL UNE / OWN STA OWN NW I aEMMG LI wMM NC JwenNN9➢..0 Sr at lit Lr o.o 6s N 38354091 SOB• JO• S➢t C ➢497&24 IJ /AOSN N N.b1.59I 59T N' laT E907869 N .➢5I33OWF➢.R59 NC J611I4 C 9517140 L4 1•w.55 LI rlay.e 'I 55+00 GRAPHIC SCALEN INFEET N 9 a I WARNING TO CONTRACTOR: CALL I-800-344-8377 (0/G-TESS) OR OTHER UTILITY LOCATING SERVICES 48 HOURS PRIOR 10 CONSTRUCTION ACTINIC. DUNAWAY ASSOCIATES LP /5 NOT RESPONSIBLE _ FOR KNOWN° ALL EXISTING UTILITIES OR DEPICTING I EXACT LOCATIONS OF UTILITIES ON DRAWINGS BENCHMARKS DISTANCE ENO STA END Net AOS °HMOS N N]5A00 E 9197824 00.60 11OSN N J31S1.D1 < no736➢ 5➢21 IMASS N J5119.BB < 9511505 31D Nat 36' art May.66 JNSor4 C ➢51A40 N89 16 MT 14Jw J4-42.92 N 953.U7t➢3 C XU31 1 I AN STA. 3+ 12.92- F/cI ELEV - 8 4.29 45 Ran $ 'xp 3+00 DUNAWA 550 Salley Avenue • Sulte 400 • Fart Worth, Teza: 76107 Tel: 817.335.1121 • Fmc 817.335.7437 (TXREG. F•1114) R.3.5 R. in ' I. NCS MON J/485 - SET VERTICALLY IN ME FAST FACE OF ME MOST EASTERLY OF THREE COLUMNS OF ME MOST NORTHERLY PIER OF ME U.S. MVY B1/287 BUSINESS BRIDGE CROSSING OVER U.S. HWY 81/287. FIN - R0950 2. TOM e - RAILROAD SPIKE IN SOUTH SIDE OF POWER POLE ON THE NORTH SIDE OF AVONDALE-HASLET ROAD, APPROXIMATELY 600' WEST OF ME CENTERLINE OF AVONDALE FARMS DANE wyja 1 B2 UTILITY NOTE INC MIRES SNOW ON ME PLANS WERE MAPPED MOLT VARIOUS SOUS AND ARE (MENDED TO SHOW ME moat EXryILT.L AND LOCAPON OF INVITES IN INC AREA or C0NSTRUCIpN. INC OTON LR ASSOC NO RMPON`JPoI/TY FOR MC ACCURACY Or MC UMW lN2WMAnon SHOWN ON ME PLWS. Inc CONTRACTOR AWL Were ME EMICr LOGIXW OF ALL unarm RevR TO c0NSALCIION. ME COMPACTOR SHALL CONTACT Drury coiRAwm 48 HOURS IN AOYANCC or An CONSIRLCPON ACIMOS IN ORDER m OETERMME IF MERE IS ANY MNNCr WITH ME PROTOSLD PACVnG INC CONTRACTOR SNVL NonlY MC CNOINCER IMMEOWIELY WHOA CONNCIS MM MOWN° UnLRIES ARE DFCDK(EW INC FOLLOWING PHONE NUVULK: ME PN0NGC0 FOR cONRNILNCE CON5n'RATIoN OF OTHER unune IMY BF REOURED FORT MRM WATER DMr (9I)) 392-8296 rofr WORM IPW (G11 J92-8100 WARIER CWMUNICAnOVS (N CAD. ( ) 449-V-7 WCl (oTwER CF W(SIOM UNION LINES) (G00 624-0675 AT&T (90J J30-6202 TEXAS (NC CALL (Loci TWG SERNCE) (600 J44-8377 Arno: (LOOT 817-6a90 OS (600) 48J-1000 ONCOR ELECTRIC SUJWR1 (858) 275-5666 MIL(CNIVM COMPANY (n7)1-2M-Tony 6" )" PERFORMED JOINT MAYL 1' 1' 6 3 0 18• C-C b3 BARS CONCRETE FLUME PEDESTRIAN RAIL NORTH RETAINING WALL @, (SEE SHEET 50)� I0 BALK (1�WACL uo w¢ 16' MIT: FACE OF WALL P. RETAINING WALL (SEE DETAILS OP OF PRO WALL SHEETS 48 & 49) 2' CONC.FINISH - MOW STRIP�� CRAG (SEE DETAIL SHEET 50A) BOTTOM \ OF WALL EXIST 36" WL 2' CONC. FLUME PROP. PAVEMENT j % ASPHALT STING PAVING X \ _'LBACX OF \ WALL V rEXIST 15" S5 SECTION A —A N.T.S. _,W�`OF `rp yl,. CITY OF FORT WORTH, TEXAS h ✓ \\. KAPIE&L i • o m Cua.nCCM Y y 964J1 //(ia ZII'O .. IIItht%\%� CNClNeeRa AVONDALE-HASLET ROAD WATER TANK SITE TO WILLOW CREEK DRIVE NORTH RETAINING WALL • DA PROJCCT 2009175 SHEET 47 The Burlington Northern & Santa Fe Railway Company TO AMARILLO TO T & P JCT. EASTWARD APPR.2993' 60 MPH I -I E 50' MIN. REMOTE HOUSE {"} Cr 4' DAX CABLE A 'ft W/DL INSTALL: GATES, FLASHERS & REMOTE HOUSE CONTROL DEVICES: CONSTANT WARNING BOLO - IN OUT SALVAGE: NONE r a • D INSTRUMENT HOUSE BELL METER CROSSING CONTROLL CONNECTIONS BIDIRECTIONAL CROSSING CONTROL UNIDIRECTIONAL CROSSING CONTROL iq COUPLER OR TERMINATION GUARD RAIL l 120' MIN. 66' i 50' MIN. - A VONDALE-HASLET ROAD DOT • 274 638 F Warning device placement: Clearance to C.L. Track = Min. 12' Edge of Road to C.L. Foundation: Min. 4'3" with curb. Min. 8'3" without curb. Max. 12' House Clearance: 25' Min. to Near Rail 30' Min. to Edge of Road ALL LIGHTS TO BE LED PUSH BUTTON WESTWARD APPR.2993' 60 MPH (EXHIBIT A Railroad Signal Sketch BNSF RAILWAY CO. LOCATION: FORT WORTH. TX. STREET: AVONDALE-HASLET RD. LS: 0485 M.P. 18.24 DOT " 274 638 F DIVISION: TEXAS SUBDIVISION: WICHITA FALLS KANSAS CITY NO SCALE DATE: 04/30/2012 FILE: 0485018_24.dgn JWM EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General: 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of center medians and modifications to roadway approaches to Avondale -Haslet Road, (DOT 274638F) located at railroad mileposts 18.24 on railroad's Wichita Falls Subdivision, Line Seiment 485 in Fort Worth. Texas. • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-1" Agreement, in the four attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit "C-1". Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 Patrick Buckley, P E Senior Professional Engineer Transportation and Public Works City of Fort Worth 1000 Throckmorton Street, 2nd Floor Fort Worth, TX 76102 Phone* 817-392-2443 Email: Patrick.Buckley@fortworthgov.org • 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor must notify City of Fort Worth (Patrick Buckley) at 817-392- 2443 and Railway's Manager Public Projects, telephone number 817-352-2902 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file 274638F. • 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current "BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current "BNSF-UPRR Guidelines for Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 2 Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Contractor Safety Orientation • 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.contractororientation.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through Internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. • 1.03.02 INTENTIONALLY LEFT BLANK (no blasting operations on this project) • 1.03.03 The Contractor must abide by the following temporary clearances during construction: • • • • • • 15'-0" Horizontally from centerline of nearest track 21'-6" Vertically above top of rail 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts 30 -0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts 34'-0' Vertically above top of rail for electric wires carrying more than 20,000 Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 3 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: • 25' Horizontally from centerline of nearest track • 23' 6" Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the City of Fort Worth and must not be undertaken until approved in writing by the Railway, and until the City of Fort Worth has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor s work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices will be borne by the Agency • 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by City of Fort Worth for approval before work is undertaken and this work must not be undertaken until approved by the Railway. • 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the expense of the Contractor. • 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. • 1.03.10 The Contractor upon completion of the work covered by this contract must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 4 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan: • 1.04 01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation This Program must provide Roadway Worker protection/on track training for all employees of the Contractor its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.contractororientation.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on -site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. 1.05 Railway Flagger Services: • 1.05.01 The Contractor must give Railway's Roadmaster (Marlon Gaunt) at Office # 817-740-7274 or Cell # 817-205-2588 or e-mail Marlon.gaunt a,bnsf.com a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. • 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 1 05.02d When any hazard is presented to Railway track, communications, signal, electncal, or other facilities either due to persons, material, equipment or blasting in the vicinity. Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 5 • • 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. 1.05.03 Flagging services will be perfounied by qualified Railway flaggers. • 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. • 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. • 1.05.03c The cost of flagger services provided by the Railway will be borne by the CONTRACTOR. The estimated cost for one (1) flagger is approximately between $800.00- $1,600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. • 1.05.03d The average train traffic on this route is 31 freight trains per 24-hour period at a timetable speed 60 MPH and no switching movements. No passenger trains. 1.06 Contractor General Safety Requirements • 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. • 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). • 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 6 contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after noinual working hours or on weekends, the Railway s representative in charge of the project must be notified. A minimum of two employees must be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway s Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. • 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832 5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. • 1 06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.contractororientation.com, however, a partial list of the requirements include: a) safety glasses with peinianently affixed side shields (no yellow lenses); b) hard hats, c) safety shoe with: hardened toes, above -the -ankle lace -up and a defined heel; and d) high visibility retro-reflective work wear. The Railway's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi -visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE — Should there be a discrenancv between the information contained on the web site and the information in this paragraph. the web site will govern.) • 1.06 09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 7 THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE. • 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) • 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations • 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet, 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the hne is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation: • 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway s Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits Before commencing excavation, the Contractor must contact BNSF's Roadmaster (Marlon Gaunt) at 817-740-7274 and BNSF's Signal Construction Supervisor (Dwayne Tiffin) at 817-740-7384. All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibihty to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. • 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings If the obstruction is a utility and the owner of the utility can be identified then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. • 1.07.03 All excavations must be conducted in compliance with applicable OSHA Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 8 regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. • 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting: • 1 08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while perfoiuiing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832 5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting • 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 9 A RA/LWAaft NON -EMPLOYEE PERSONAL INJURY DATA C i ELECTION (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: Passenger on train (C) Contractor/safety sensitive (F) Non -employee (N) ("e. Mil afanafher radraad, OP, non-BNSFemp invalvedin vehicle accident including company vehic%s) Contractor/non-safety sensitive (G) Volunteer/safety sensitive (H) Volunteer/other non -safety sensitive (I) Non -trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates Non -trespasser (J) - Off railroad property If train involved, Train ID: Transmit attached information to Accident/Incident Reporting Center by. Fax 1-817-352-7595 or by Phone I-80D-697-6736 or email to: Accident-Reportinn.CenterMSF.com AND COPY TO: RDADMASTER FAX 817-740-7277 9 RAILWAY MANAGER PUBLIC PROJECTS FAX 817-352-2912 Officer Providing Information: (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 10 NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION EIIUIRE3 "O BF. CO__EC'ED PURSUANT i O FEDEF; ?E3ULHTiON I' SHOULD BE USED FIP COMPLIANCE VrI" F G:C?A_ ?E3UL4TIOtr"S D'1_+' A'i0 IT iS NOT ?l'EriDED TO PE ACCEPTANCE OF P,ESJONSiBrLrY 01 LIAEi'JT. ;ccids Corti (if nai ENSF Icfcabon Is Post / L11e Segment: ert's License No (and state) or other ID SSN (required'r. Tempe Ur 4 Weather. Address: Date of Ei"t�.: City: srtd/or Age: mailable one Nurl:er: EmrIorer. frijury: Desc='iption of Acci Treatrt„eat: Or. Name. Or 4ddr°ess Gelder: IC Eody Part (i.e eratio-, etc.} (i.e .hard etc.) 3:'a4I3't, aCtio , result, ete. F rst .id Illy I eouired Medical Treatment Other Medial Treatme rt HosFita! rlare- ate: C'ty. St: Zip: Hospital Address Street City. St: Zip Diapnos's: REPORT PREPARED TO C"OMPLI- WITH FIDERIL ACCIDENT REPORTLBG REQUIREMENTS .AND PROTEC TED FROM DISCLOSURE PURSE:ANT T 49 U.S C . 20903 AND 83 U .S.C. 490 Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 11 EXHIBIT "C-l" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR BNSF RAILWAY COMPANY Attention: Manager Public Projects Railway File: 274638F Agency Project: Street Reconstruction for Avondale -Haslet Road Gentlemen: The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract") dated , with the City of Fort Worth, Texas for the performance of certain work in connection with the following project: construction of center medians and modifications to roadway approaches to Avondale -Haslet Road (DOT 274638F) located at railroad milepost 18.24 on railroad's Wichita Falls Subdivision, Line Segment 485. Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY ('Railway") right of way and property ("Railway Property") The Contract provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for City of Fort Worth (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 1 THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY'S ACTS OF NEGLIGENCE. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. Section 2. TERM This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 2 Section 3. INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $6,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for but not limit to the following: • Bodily Injury and Property Damage • Personal Injury and Advertising Injury • Fire legal liability • Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. • Waver of subrogation in favor of and acceptable to Railway. • Additional insured endorsement in favor of and acceptable to Railway. • Separation of insureds. • The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: • Bodily injury and property damage • Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 3 • Waiver of subrogation in favor of and acceptable to Railway. • Additional insured endorsement in favor of and acceptable to Railway. • Separation of insureds. • The policy shall be primary and non-contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: • Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be perfoinied. If optional under State law, the insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: • Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate The policy Must be issued on a standard ISO foinn CG 00 35 12 04 and include the following: • Endorsed to include the Pollution Exclusion Amendment • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to remove any exclusion for punitive damages. • No other endorsements restricting coverage may be added. • The original policy must be provided to the Railway prior to performing any work or services under this Agreement • Definition of "Physical Damage to Property" shall be endorsed to read: `means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 4 Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the teinis of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody, or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Contractor is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following addresses: BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF a,certfocus.com www.certfocus.com Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non - renewal, substitution, or material alteration. Any insurance policy must be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better and authorized to do business in the state(s) in which the service is to be provide. If coverage is purchased on a claims made ' basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this contract. Annually, Contractor agrees to provide evidence of such coverage as required hereunder. Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 5 Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain the insurance coverage(s) set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend, and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend, and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway means `Burlington Northern Santa Fe LLC", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Section 4. EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit "C' attached to the Contract and this Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 5. TRAIN DELAY Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 6 Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train perfoiinance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay are currently $382 20 per hour per incident. THE RATE THEN IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF TRAIN DELAY PURSUANT TO THIS AGREEMENT. Contractor and its subcontractors must give Railway's Roadmaster Marlon Gaunt at Office: 817-740-7274 or Ce11: 817-205-2588 and email: marlon.2aunt(&bnsf.com representative four (4) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 7 Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this letter, which, upon execution by Railway, will constitute an Agreement between us BNSF Railway Contractor By: By: Printed Name: Name: Timothy J. Huva Manager Public Projects Title: Contact Person: Accepted and effective this day of 2012. Address: City: State: Fax: Phone: Email: Zip: Avondale -Haslet Road - Exhibit C-1 (7/11/12) Foiin 0103, Rev. 5/17/12 8 EXHIBIT D Railroad Signal Cost Estimate Revised on 5-29-2012 MAINTAIN PROPRIETARY CONFIDENTIALITY BNSF RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF FORT WORTH LOCATION FORT WORTH DETAILS OF ESTIMATE PURPOSE, JUSTIFICATION AND DESCRIPTION PLAN ITEM : PS12746381' VERSION : I INSTALL CONSTANT WARNING, (4) FLASHERS WITH GATES AND A REMOTE HOUSE AT AVONDALE-HASLET ROAD IN FORT \VORTII, TX. TEXAS DIV., WICI IITA FALLS SUBDIV, US 0485, M.P. 18,24, DOT # 274638F SEQ. #k19223 MONTHLY POWER UTILITY COST CENTER : 61698 THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY. THEY CAN BE EXPECTED TO CIIANGE AFTER TIIE ENGINEERING PROCESS. DETAILED AND ACCURATE MATERIAL LISTS WILL BE FURNISHED WHEN ENGINEERING IS COMPLETED. CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND OVERHEAD. `* SIGNAL WORK ONLY ********` THE CITY OF FORT WORTH IS FUNDING THIS PROJECT 100%. MAINTAIN PROPRIETARY CONFIDENTIALITY DESCRIPTION LABOR ******** QUANTITY U/N1 COST TOTALS ELECTRICAL LABOR F/POWER TRANS SYS 108.0 Mil 2,8-12 PLACE FIELD WELDS - CAP 64.0 Mil 1,535 PLACE OTM - CAP 32.0 Mil 726 SIGNAL FIELD LABOR - CAP 2240.0 MI1 58,375 SIGNAL SHOP LABOR - CAP 144.0 MIT 3,788 PAYROLL ASSOCIATED COSTS 40,700 DA OVERHEADS 64.808 EQUIPMENT EXPENSES 22,242 INSURANCE EXPENSES 10.586 TOTAL LABOR COST ************* MATERIAL ************* 205,602 205,602 PLUG RAIL, GENERIC,1NSULATED BONDED, 40 FT,FOR 2.0 EA X 4,500 RAIL,GENERIC,FOR SIGNAL PROJECTS 80.0 LF X 1,674 WELDKIT, GENERIC FOR ALL RAIL WEIGHTS 8.0 KT X 556 ASSY HAWK 48 DIM 1.0 EA N 1,360 BATTERY 1.0 LS N 10,195 BUNGALOW 6X6 1.0 EA N 8,612 BUNGALOW MATERIAL 1.0 LS N 10,221 CABLE 1.0 LS N 14,659 CABLE DAX 1500.0 FT N 2,850 CHARGERS 1.0 LS N 1,275 CONDUIT, STEEL 3" 150.0 FT N 2,093 CONSTANT WARNING 1.0 EA N 24,725 CULVERT, 20'X24" 2.0 LS N 3,000 FIELD MATERIAL 1.0 LS N 7,916 FILTER, EC 2.0 EA N 510 FOUNDATION, STEEL 6.0 EA N 4,254 GATE KEEPER 4.0 EA N 7,384 GATE MECHANISM 4.0 EA N 28,060 INDUCTOR. DUMMY LOAD 1.0 EA N 476 JUNCTION BOX, POLE MOUNTING 1.0 EA N 185 LED LIGHT ADJUSTMENT 16.0 EA N 3,440 LED LIGHT GATE KIT 4.0 EA N 724 LIGHT OUT DETECTOR 2.0 EA N 1,892 MATERIAL FOR ELECTRICAL 2.0 EA 3,000 RECORDER 1.0 EA N 3,748 RELAY, DA-X 2.0 EA N 1,000 SHUNT, NBS 3.0 EA N 2,835 TELLULARDEVICE 1.0 EA N 2,600 WAYSIDE SIGNAL COMPLETE 1.0 LS N 5,213 Page 1 of 2 X-RENIOTE HSE - BATTERY 1.0 LS N 4,720 X-REMOTE IISE - BUNGALOW 6X6 1.0 EA N 8,612 X-REMOTE IISE - BUNGALOW MATERIAL 1.0 LS N 4,436 X-REMOTE HSE - CABLE 1.0 LS N 7,436 X-REMOTE HSE - CHARGERS 1.0 LS N 1,275 X-REMOTE HSE - CONSTANT WARNING 1.0 EA N 24,725 X-REMOTE HSE - CONVERTER, 10-10 2.0 EA N 396 X-REMOTE IISE - CULVERT, 24 IN. 40.0 FT N 3,000 X-REMOTE IISE - FIELD MATERIAL 1.0 LS N 3,486 X-REMOTE IISE - GENERATOR, ACG-3 1.0 EA N 333 X-REMOTE IISE - INDUCTOR, D.L. 1.0 EA N 476 X-REMOTE IISE - RELAY, DAX 2.0 EA N 1,000 X-REMOTE HSE - SHUNT, D\VBS 2.0 EA N 550 X-RENIOTE HSE - SHUNT, NBS 3.0 EA N 2,835 MATERIAL HANDLING 485 ONLINE TRANSPORTATION 28 USE TAX 19,113 OFFLINE TRANSPORTATION 2,755 TOTAL MATERIAL COST OTl1ER AC POWER SERVICE CONTRACT ENGINEERING CONTRACT FLAGGING CONTRACT SIGNS/CONES DIRECTIONAL BORE FILL DIRT SURFACE ROCK 2.0 EA 1.0 LS N 1.0 LS N 1.0 LS N 1.0 LS N 100.0 CY N 40.0 CY N 244,618 244,618 1,200 15,000 2,000 2,000 17500 2,500 I,000 TOTAL OTHER ITEMS COST 41,200 41,200 PROJECT SUBTOTAL 491,420 CONTINGENCIES 0 BILL PREPARATION FEE 4,915 GROSS PROJECT COST 496,335 LESS COST PAIL) BY BNSF 0 TOTAL BILLABLE COST 496,335 Page 2 of 2 EXHIBIT D Railroad Flagging Estimate MAINTAIN PROPRIETARY CONFIDEN'FIALITI BNSF RAILWAY COMPANY FIIPM ESTIMATE FOR CITY OF FORT WORTI I LOCATION ESS AVONDALE DETAILS OF' ESTIMATE PLAN ITEM : PTR274638F-1 VERSION : l PURPOSE, JUSTIFICATION AND DESCRIPTION FLAGGING TX DIV \VICHITA FALLS SUB LS 485 NIP 18.24 DOT 274638F - AVONDALE-HASLET RD DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER 60 DAYS OF RAILROAD FLAGGING DURING THE ROADWAY RE -CONSTRUCTION AND WIDENING OF AVONDALE-IIASLET ROAD (DOT NO. 274638F) BILLING FOR TIIIS PROJECT: 100% BILLABLE TO CITY OF FORT WORTII MAINTAIN PROPRIETARY CONFIDENTIALITY - TIIE PHYSICAL LIMITS OF TIIIS PROJECT ARE DESCRIBED BY LINE SEGMENT, MILE POST RANGES, AND IN SOME CASES TRACK NUMBER. TIIIS IS THE PRIMARY AREA FOR THE PROJECT. THERE WILL BE CASES \VI IERE WORK MAY OCCUR BEYOND THE DEFINED LIMITS. PROJECTS THAT INCLUDE SIGNAL, ELECTRICAL. OR TELECOMMUNICATION EQUIPMENT NIAY REQUIRE ACTIVITY BEYOND THESE DEFINED TRACK LIMITS. ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOST SIGNS EXIST SUCII AS YARDS. TIIIS ESTIMATE IS GOOD FOR 90 DAYS. TIIEREAFTER T11E ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL AND OVERHEAD. DESCRIPTION T:r::*r:;:asa LABOR FLAGGING - OTHER R.O.N.- CAP PAYROLL ASSOCIATED COSTS DA OVERIIEADS EQUIPMENT EXPENSES INSURANCE EXPENSES MATERIAL * ******* OTI LER QUANTITY U/M 600.0 Mil COST TOTALS 14,092 8,527 13,577 8,291 718 TOTAL LABOR COST 46,705 46,705 TOTAL MATERIAL COST 0 0 TOTAL OTHER ITEMS COST 0 0 PROJECT SUBTOTAL 46,705 CONTINGENCIES 4,670 BILL PREPARATION FEE 654 GROSS PROJECT COST 52,029 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 52,029 EXHIBIT D RR Concrete Crossing Estimate LOCATION ESS AVONDALE PURPOSE, JUSTIFICATION AND DESCRIPTION PIP XING REHAB TX DIV \VICHITA FALLS SUB LS 485 MP 18.24 - AVONDALE (HASLET RD DOT# 274638F MAINTAIN PROPRIETARY CONFIDENTIALIT' * BNSF RAILWAY COMPANY FHPNI ESTIMATE FOR CITY OF FORT WORT!! DETAILS OF ESTIMATE PLAN ITEM : PTR274638F-2 DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER BNSF TO WIDEN EXISTING CROSSING 274638F (AVONDALE-HASLET RD) FROM 32-FT TO 96-FT. FULL REHAB INCLU BALLAST AND CROSSING MATERIAL. CROSSING IS IN CURVED TRACK (2 DEGREES, 6 MINUTES). THE CITY OF FORT WORTII TO PROVIDE A FULL -WIDTH CLOSURE & COMPLETE THE ROADWAY APPROACH WORK TO THE NE\V CROSSING. BILLING FOR THIS PROJECT: 100% CI FY OF FORT WORTH VERSION: 1 DING NEW RAIL. TIES. TEMPORARY ROAD MAINTAIN PROPRIETARY CONFIDENTIALITY THE PHYSICAL LIMITS OF THIS PROJECT ARE DESCRIBED BY LINE SEGMENT, MILE POST RANGES, AND IN SOME CASES TRACK NUMBER. THIS IS THE PRIMARY AREA FOR THE PROJECT. THERE WILL BE CASES WHERE WORK MAY OCCUR BEYOND THE DEFINED LIMITS. PROJECTS THAT INCLUDE SIGNAL, ELECTRICAL, OR TELECONIMUNICATION EQUIPMENT MAY REQUIRE ACTIVITY BEYOND THESE DEFINED TRACK LIMITS ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOST SIGNS EXIST SUCII AS YARDS. T1IIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CIIANGE IN COST FOR LABOR, MATERIAL, AND OVERHEAD. DESCRIPTION * **=4****** LABOR * **x:***s.** PLACE FIELD WELDS - CAP REPLACE PUBLIC CROSSING - TOTAL REHAB SIGNAL FIELD LABOR - CAP SURFACE TRACK - REPLACEMENT - CAP UNLOAD BALLAST - REPLACEMENT - CAP UNLOAD CROSSING MATERIAL - PUBLIC - CAP PAYROLL ASSOCIATED COSTS DA OVERHEADS EQUIPMENT EXPENSES INSURANCE EXPENSES TOTAL LABOR COST MATERIAL BALLAST-SNYDER TRACK PANEL, 136 STANDARD RAIL, 40 FT- 10 FT TIES - RAIL, TRANSN,141/136,BLANK ENDS, 40 FT SPIKE, TBR SCREW 3/4"X13", F/ROAD XING WELDKIT, GENERIC FOR ALL RAIL WEIGHTS CONC 141 08-SECTION WITH I FILLER FOR 10' WOOD TIES CONCRETE XING RAMP AND PANEL RESTRAINT, SIGNAL MATERIAL MATERIAL HANDLING ONLINE TRANSPORTATION USE TAX OFFLINE TRANSPORTATION TOTAL MATERIAL COST * s4***seta OTHER * **ma** LEASED EQUIPMENT WITH OPERATOR TOTAL OTHER ITEMS COST PROJECT SUBTOTAL CONTINGENCIES BILL PREPARATION FEE QUANTITl U/M 12.0 MI1 192.0 MI I 32.0 MI1 24.0 MI1 18.0 N111 48.0MH 300.0 NT ** 4.0EA** 4.0 EA * 216.0 EA ** 14.0 KT 96.0FT** 1.0 ST 4.0 DAY 1.0 LS COST TOTALS 288 4,100 842 582 385 1,025 4,367 6,955 4,247 1,134 23,925 23,925 2,487 19,840 5,184 486 973 16,128 257 700 9 300 4,650 3,962 546 57,513 57,513 12,000 12,000 12,000 93,438 9,140 1,026 Page 1 of 2 GROSS PROJECT COST I03,604 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST I03.604 Page 2 of 2 iI Marl CN7 »» /' ' ���t1 P�����. rd Texas � co 0) Tim CcimmuraimadOlon COUNCIL ACTION: Approves! on 1/15/201 3 oAT : Tuesday, January 15, 2013 R V\1Op: C-26062 LOG NAM : 20AVONDALE HASLET FAST CONSTRUCTION CONATSER SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of $1,988,779115 for Paving, Drainage, and Street Lights Along Avondale Haslet Road from Water Tank Site to Willow Creek Drive, Authorize Execution of a Railroad Crossing Agreement with Burlington Northern Santa Fe Railway Company in the Amount of $599,939.00 to Provide a New Quiet Zone Crossing, and Expenditure in the Amount of .$282,206.00 for Contingencies, and Construction Services for a Total Project Cost in the Amount of $2,870,924.45 (COUNCIL DISTRICT 7) tile, �- OIW1W1 '� N RATION It is recommended that the City Council: 1. Authorize the execution of a contract with Conatser Construction TX, LP, in the amount of $1,988,779.45 for paving, drainage, and street light improvements along Avondale Haslet Road from 700 feet east of Haslet Court, Water Tank Site to Willow Creek Drive; and 2. Authorize the execution of a Railroad Crossing Agreement with Burlington Northern Santa Fe Railway Company in the amount of $599,939.00 for a new Quiet Zone crossing for Avondale Haslet Road. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a contract with Conatser Construction TX, LP, in the amount of $1,988,779.45 for paving, drainage, and street Tight improvements, from 700 feet east of Haslet Court (Water Department Tank Site) to Willow Creek Drive and authorize a Railroad Crossing Agreement with Burlington Northern Santa Fe Railway Company (BNSF) in the amount of $599,939.00 for a new Quiet Zone crossing for Avondale Haslet Road. The construction of Avondale Haslet Road project is divided into two phases. Phase 1, from US 287 Frontage Road to 700 feet east of Haslet Court (Water Tank Site), was approved for construction by (M&C C-25039) on July 19, 2011. Phase 1 is being constructed through a Community Facilities Agreement with Wal-Mart Stores Texas, LLC. Avondale Haslet Road Improvements Phase 2 limits are from the Water Tank Site to Willow Creek Drive across the existing BNSF rail line. A part of the overall improvements planned for this roadway is to provide improvements to the existing rail crossing from two lanes to a four lane crossing and will improve the roadway to cross this rail line in accordance with railroad safety requirements for quiet zone installations. These improvements will allow this crossing to be converted to a Quiet 7one. Plans have been provided to BNSF and an Agreement in the amount of $599,939.00 is required for new signals and a wider crossing on the 13NSF property. As part of its contract, Conatser Construction TX, LP, construction contract will provide traffic flagging which will be required during construction. This project was advertised for bid in the Fort Worth Star -Telegram on September 27, 2012 and October 4, 2012 and on October 25, 2012 the following four bids were received: Logname: 2OAVONDALE HASLET EAST CONSTRUCTION CONATSER Page 1 of 3 Bidder Conatser Construction TX, LP JLB Contracting, LLC McClendon Construction Co., Inc. Jackson Construction, Ltd. Amount $11988,779.45 $2,OO1,446.74 $2,115,726.40 $2,427,91 9.60 The City has chosen not to exercise the Optional Bid Alternative specified in the bid documents, therefore, the low base bid from Conatsor Construction TX, LP, was the overall low bidder for this project. The bid alternative was to install an asphalt overlay on White Settlement Road. In addition to the construction costs shown above, an additional amount of $282,206.00 will allow for typical contingencies and City and Consultant furnished construction services for a total project cost in the amount of $2,870,924.45. Conatser Construction TX, LP, is in compliance with the City's Business Diversity Ordinance by committing to 12 percent MBE participation on this project. The City's MICE goal on this project is 10 percent his project is located in COUNCIL DISTRICT 7, Mapsco 4V and 5S. FISCAL INFO ' iA ITN / CERTIFICATION: The Financial Management Services Director certifies funds are available in the current capital budget, as appropriated, of the Street Improvements 2008 Fund. FUND CENTFRS: TO Fund/Account/Gordon CERTIFICATIONS: IFICATIONS: Submitted g City `i]an terns oMice bv: Orictinatinoi D©artrnonni Head: Additional Information Contact TTACHMENTS FROM Fund/AccounUC nt` r C204 541200 207230141483 C204 539120 207230141483 Fernando Costa (6122) Douglas W. Wiersig (7801) Patrick Buckley (2443) 1. 01414 Avondale Haslet East Phase Bid Tab 20121026.xlsx (CFW Internal) 2. 20avondale haslet east construction conatser.pdf (CFW Internal) 3. 274638E - GCCM Agreement for Avondale -Haslet Road.docx (CFW Internal) 4. AHR M&C EXHIBIT Construction.pdf (Public) 5. Avondale Haslet East Compliance Memo Conatser.pdf (CFW Internal) 6. C204 201239990100.doc (CFW Internal) $2.048.439.45 $5991939.00 Logname: 20AVONDALE HASLET EAST CONSTRUCTION CONATSER Page 2 of 3 7. FAR18 Avondale Haslet Construction.pdf (CFW Internal) Logname: 20AVONDALE HASLET EAST CONSTRUCTION CONATSER Page 3 of 3