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Home My WebLink About025666 - Construction-Related - Contract - Union Pacific Railroad (UPRR)ITC IDS-New Trk 931006 Form Approved, AVP-Law ��TRA�T O Y �"�f,� � � �BN INDUSTRY TRACK AGREEMENT ARTICLES OF AGREEMENT This AGREEMENT is made and entered into as of the 22nd day of June, 1999, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation having an address of 1416 Dodge Street, Omaha, Nebraska 66179 (hereinafter the "Railroad"), and the CITY OF FORT WORTH, TEXAS, acting by and though Mike Groomer, its duly authorized Assistant City Manager, a municipal corporation of the State of Texas, to be addressed at 1000 Throckmorton, Fo�t Worth, Texas76102 (hereinafter the "Industry"). RECITALS The Industry desires the construction, maintenance and operation of a 938-foot Track No. 4 and 501-foot Track No. 5 and continued maintenance and operation of a 2,460-foot Track No.1 and 743-foot Track No. 2(hereinafter collectively "Track") at or near Milepost 265.0 of the Everman Lead (Milepost 244.9 of the Dallas Subdivision), in Fort Worth, Tarrant County, Texas, shown by dashed and dashed cross-hatched lines on the attached Drawing No. TX-0251-SM-11 dated February 2, 1999, marked Exhibit A. AGREEMENT: NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIED HETERTO AS FOLLOWS: Article I TRACK IDENTIFICATION MARKERS For the purpose of this agreement, the following segments of Track No.1 shall be identified as follows: Engineering Station 0+00 the initial switch connection or sometimes referred to as the point of switch. Engineering Station 1+54 the initial 13-foot clearance point of the Track. It is the point on the Track where a rail car either being moved or stored on the Track will not interfere with the movement of other rail cars on adjacent main, branch or lead trackage owned by the Railroad. Engineering Station 2+75 Engineering Station 24+60 the point on the Track that intersects the property line or right-of-way boundary line of the Railroad. the end of Track No. 1. �]��'�� `�'��u °�� i � �"�tl ��'�`h�' ,,..., � �`�'��,';'i�:''� �� r �L,�.. ��.� �� . ITC IDS-New Trk 931006 Form Approved, AVP-Law Article II. TRACK TO BE CONSTRUCTED BY INDUSTRY. A. The Industry, at its own expense and subject to prior approval of the Railroad, will perform all grading and install all necessary drainage facilities required in connection with the construction of the Track to the standards and satisfaction of the Railroad, and arrange to modify any overhead and/or underground utilities to meet Railroad specifications as shown on Exhibit A. B. The Industry, at its own expense, will also construct Track No. 4 and Track No. 5 including two No. 9 turnouts and install derails at Engineering Station 7+52 of Track No. 4 and Engineering Station 3+15 of Track No. 5, and rail stop bumpers at the end of each track. Article III. OWNERSHIP OF THE TRACK. A. The Railroad shall own the portion of Track No. 1 from the initial point of switch to the 13-foot clearance point (hereinafter "Railroad-owned Track"}. B. The Industry shall own the portion of Track No. 1 from the 13-foot clearance point tot he end of the track and all of Track No. 2, Track No. 4 and Track No. 5 (hereinafter "Industry-owned Track"). Article IV. USE AND OPERATION OF THE TRACK. The use and operation of the Track will be in accordance with the terms and conditions set forth in Exhibit B hereto attached and hereby made a part hereof. Article V. MAINTENANCE OF THE TRACK STRUCTURE (RAIL, TIES, BALLAST, OTHER TRACK MATERIAL). _ A. The Railroad, at its expense, shall maintain the track structure, including rail, ties, ballast, and other material, for the Railroad-owned Track. B. The Industry, at its expense, shall maintain the track structure, including rail, ties, ballast, and other material, for the Industry-owned Track. Article VI. MAINTENANCE OF RIGHT-OF-WAY AND TRACK APPURTENANCES. A. The Railroad, at its expense, shall maintain the right-of-way and track appurtenances for the portion of the Railroad-owned Track. B. The Industry, at its expense, shall perform the following maintenance of the right-of-way and track appurtenances for the portion of the Industry-owned Track. 1. Remove snow, ice, sand and other substances and maintain drainage and grading as needed to permit safe operation over the track. 2. Maintain all appurtenances to the Track (other than an automatic �1G��p1�� ^ � ,�rr (��;� a7 � b °i � � � ! �u,� � n r `� ,� 1� • _, l�(. ��15��v._��1a ��i/ o ITC IDS-New Trk 931006 Form Approved, AVP-Law signal system} including without limitation, gates fences, bridges, undertrack unloading pits, loading or unloading devices and warning signs above, below or beside the track Article VII. INDUSTRY TO GIVE NOTICE: FLAGGING. Prior to entering Railroad's right-of-way for the purpose of performing any construction or maintenance of the Track as set for in this Agreement, the Industry shall notify the Railroad in writing at least five (5) working days in advance of such work, so that the Railroad may, in the event it deems necessary, arrange for flagging or other protection as required. Any such flagging or other protection furnished by Railroad will be at Industry's sole cost and expense. Article VIII. CONSTRUCTION AND MAINTENANCE BY INDUSTRY TO CONFORM TO RAILROAD STANDARDS. A. Track construction and maintenance work performed by the Industry shall conform to the Railroad's standards. If, in the judgment of the Railroad, any portion of the Track is non-conforming and/or unsafe for railroad operations, the Railroad shall not be obligated to operate over the Track. B. The Railroad, at the Industry's expense, shall have the right, but not be required, to perform maintenance on the portion of the Track (if any) owned by the Industry when requested by the Industry or when necessary to operate the Track safety. Article IX. NON-DISCLOSURE CONFIDENTIALITY. Except to the extent that disclosure of information contained in this Agreement is required by law, the contents of this Agreement shall not be disclosed or released by any party without written consent of all other parties to this Agreement. Article X TERM. This Agreement shall take effect as of the date of the Agreement and shall continue in full force and effect until terminated as herein provided in Section B of Exhibit B. Article XI INDUSTRY TRACK ON RAILROAD RIGHT-OF-WAY. Railroad hereby grants to Industry, during term hereof, the right, at Industry's sole cost and responsibility, to construct, own, keep, maintain and use Industry's private section of Track where located on and along Railroad's right-of-way. Article XII. CONSENT OF RAILROAD TO CERTAIN FACILITIES OR OPERATIONS. The Railroad hereby consents to: A. the performance by the Industry of intraplant switching over portions of the Track. �>>��±��r�� :��"'� �;v;L ,�� ,�y; ��'� `a�'� 3 �u �''r� 3af''1�� '' a �1��._�hr y !�r�e ITC IDS-New Trk 931006 Form Approved, AVP-Law B. the construction, maintenance and operation by the Industry of private road crossings at Engineering Station 5+81 of Track No. 4 and Engineering Station 1+83 of Track No. 5 as shown on Exhibit A; and C. a clearance horizontally of eight feet six inches from the center line of the Track for all existing track constructed prior to February 1, 1997; Subject to the terms, provisions and conditions set forth in this Agreement and to any prior regulatory approval that may be needed. Article XIII. TERMINATION OF PRIOR AGREEMENT. Effective as of the date hereof, there shall be, and hereby is, terminated that certain track agreement dated October 15, 1971, now in effect between the parties hereto, identified in the records of the Railroad as its Audit Number TC27429: PROVIDED, however, that such termination shall not affect any of the rights or obligations of the parties hereto under this agreement, which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Article XIV. SPECIAL PROVISION. It is understood and agreed by the parties hereto that all obligations and liabilities of Industry as set forth in this Agreement will be limited to the extent allowed by law and subject to appropriation. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY � Director-Industrial Development A EST: � . I � � _.(! G7.�.�'"F�� u�oria Pearson��fy Secretary ,��p Approved for the Fort Worth Wate� Department �-` ��r�� Z'�: Dale`�isseler, PE, YNa4er Director �,r� ��a�� . Ia }�' � !"hI �'' � '4 � l��l' ��G��+� "��J �: � � �_ 5 t;a1 .� f ��O {'N �_L� � I�C,�a r� CITY/OF. FOR�Wm By Mike Groomer, Assistant, City Manager Approved as to Form and Legality , City Attorney 1��'� � � f � �� Contract Authorization nat.P � -a.�-9 % NOTES: I.)[NDUSTRY SHALL PROTECT ALL UNOERGROUND AND OVERHEAD UTILIT[ES CROSSING UNDER OR OVER THE PROPOSEO TRACKAGE IN THE CONSTRUCTION AREA, ALL UNDERGROUND PIPE- LINES AND W[RE LINES ARE TO BE ENCASED IN ACCORDANCE WITH UNION PACIFIC RAIL- � ROAD SPEC[FICATIONS AT INDUSTRY'S EXPENSE. 2.)ALL OVER-HEAD WIRE LINES,IF T00 LOW, SHALL BE ADJUSTED IN ACCORDANCE WITH THE NATIONAL ELECTRIC SAFETY CODE,AT INDUSTRY'5 EXPENSE. 3,)ALL UTILITIES MAY NOT BE SHOWN ON THIS EXHIBIT PRINT. IT I5, HOWEVER, THE INDUSTRY'S RESPONSIBILITY TO ENSURE THAT ALL UT[LITIES ARE LOCATED AND PROTECTED AT INDUSTRY'S EXPENSEe 4.)[T [S THE [NOUSTRY'S RESPONS[B[LITY TO PROVIDE ADE�UATE DRAINAGE STRUCTURES UNDER THE PROPOSED TRaCK FOR DRAINAGE OF THE INDUSTR'f'S PROPERTY AND ALL NE(GHBORING PROPERTY, INC�UDING THE EXTENSION OF EXISTING R.R, OWNED STRUCTURES. THE DRA[NAGE STRUCTURES SHOWN ON THIS EXHIBIT A2E A GU[DELINE ONLY AND ARE NOT INTENDED AS A DRAINAGE PLAN, THE INDUS�RY SHALL ENSURE THAT ALL ORAINAGE REOUIREMENTS ARE MET AT IT'S EXPENSE. �--I �' i �— 0 w 0 �o + �r N -f - ' �- � T 0 c� + 0 N `, � � RKa � I �� 246,��..... ,._l. ---- �.—�--^ � � � c� '-� � �TRK. � 2 1�= 74�, �, � , . �� . , � � �i � '� r `r � ��"� ta- r-- � � �7 1 N_tJ �I��yJ 4`7 4 Y "--' }� � dlh--�� GI7J li"I �`' � � �-1 � + + r��g � � �o � �,'�-�� ?.,� � � � ��-�--V�-�-+', - �, Lr ��_�4 1�--93�_ � �._ �' �. � � J �I tl`! V ,� ,_, � C� I � LtJ � � � � ,P L� � � vy m Ly � �' � � �� aa � � �— � � � V- � � � tl"I c�l � � � � � � C� U� J � � � � I- # + � � u�l � � � � 4Sl ¢- '� Q �� Tl f� � + � f� ,--� �- � � f'- t,/] '� T t � � z *12'-0" t 3.66m) Pret. I * 12'-0" c 3.66m) Pref. 9"�8'-0" f�2.44m1 :6"�- 4' - 8y2" - � I. 44m � 4 Y SUBBALLAST t M[N. 8" CRUSHI L[MESTONE OR E�UIVALENT) FINISHED GRA0E —I� . _ - ` /,/ yqa � •: s'• �� TI� 7'x ' x6"—�' ''�7.�,r•a�: ti�� T :",`� '�.' �' 9' 1/INIMUM Ba�4.A57 ': °'ipr> '.�nT; �'` � VARY AS REQ '`�' ��,r'E)(:?�+Y,'y�fly'��1';Yy��J�,,Y�1r' �'"�f °,r"lyV,+"r:q�'Jy�JYJS��iN,lA�r'ir�fjt,'?ly"/�.fr!'!"r�'��)�J�j'J'�rJ1J��Y'/'Y.�^7'/'Y''Y .2��. D[TCH FLOw LINE �.� C0NSTRUCTf0N SUBCRADE� � M[NI�l1hA 6' S0IL 5TA$�tIZATI0N { Lf�4E OR 0.2R IAIN. GRAO � GE�EEMT1 �EPENpENT U�A6N 50IL5 TE57. „' � r PROP< TRK. � ''� EMBANKMENT � EXCAVAT I ON 2' MIN,. SLOPE OR CROWN SUBBALLAST AS LOCAL CONOITIONS DICTATE TYP[CAL SECTI0N INDUSTRIAL TRACK R0ADBED N0T T0 SCALE NOTE: "V" �ITCHES Af FOR INDUSTRY TRACKS, OF WAY IS L1MITED AI CONDITIONS AND CHAR, 50 REOUIRE. N0TE: • 12' SHOULDER WIDTH STANDkRD. II' SHOULDER MUST BE APPROVED BY CHIEF ENGINEER - OESIGN. IF USING CONCRETE TfE5 - 10" MINIMUM BALLA5T UNDER T1E, 24" SPACING. - PREFERABLY TRACKS WILL NOT BE DEPRESSED BELOW GROUND LEVEI PARTICULARLY 1N SN0W 4N0 HIGH RUNOFF TERRITORIE5, TRACKS CONSTRUCTED AT OR BELOW GROUND LEVEL MUST HAVE FULL STANDARO ROADBED DITCHES, ALL NECESSARY DRAINAGE FACILITIE5 TO DIVERT RUNOFF WATERS AWAY FROM TRACKS ARE TJ BE PROVIDED AS APPROVED BY UNION PACIFIC RAILROAD'5 CHIEF ENGINEtR-DESIGN. - WALKWAYS N11LL BE C0NSTRUCTED TO C0MPLY WITH STATE RE0U[REMENT5. - THESE STANDAROS DO NOT APPLY TO ORE AND COAL LINES OR OTHER HEAVILY USED TRACK5, O C� + cr a �� ' U � D ' � � �� 1 �t— " �y — -� — �-1�— �. _ i �`w � � —t— ' � � U +� } �m � � �; �e � +� �'�� — � ��'` �do k�- 1 �V � �rj 1O � 1� �T f � Q � � �� + r� ."� r.f7 � � ��'1 +t, '`- °-'�' p e I 0° 00' 00"~ `� p`- TO° = I 9° 04' 40" k{ � � �- � k �� K> 4 �0�00� �0rr I 3° 35' 28'" 2K. 5 I 0° 00' 00'° 07° I 3' 53°, c] � + 0 � MIN. ) fABLE 21GHT LOCAL UATERIAL d — J` 125' MIN. 1y5' M�N. �.-- I I � � O11T510E E�CE OF WpLN�IAY CLELfl POINT —t' _ B'-6" MIN. _ — � __ � ' _ ' _ �( - (— - ' C TftACN— -I � ' — 8'-6' AIIN. I 5\YITCN $TANO---�I �- 3' M1N.^ LL�_� �-� _ f_, 25' MIN. � ,. �i� �I7M � `a��~u�IIRACN � - --� _ � —.�.. ,�.�, � UT �� Nd4 . —xo• zo� � ' �� MIN, l MIN. I "r— �25' µ1N. � 17.5' MIN. --,- ' WALKWAY STANDARD NOe3 NOT TO SCALE L WORK BY INDUSTRYo ISTING TRACK TO BE REHABIL[TATED Oi� STA0 1+54 TO I 1+940 480 NSTRUCT I 439 To Fo W[ TH I I 2� RA I L CLo 2 NOa 9 TURNOUT59 2 ROAD X— I NGS, DERAiLS,AND 2 WHEEL STOP BUMPERSo --�-� . . ; " NOT TO SCALE DOOR � I � 4 '� Y ° = � ; c3 ' _ �I �� T/R �_ . `_.�� I TRACK EV�BEDED IN �LOOR / D 1} o � .,� 9�, Sg� / , sX �� . V f1�� cr � " � '�,��/ �`� v/ .� / . � ��,� , �CI f �� . f x�,/ S" , � �f? /'•" �� r�� 4 � . � d� / . �` ` ��`�� / ," � x� �' � � � r. . /' `-a.�� ,'� �'` (?� . ,/ /' �,' /, � � �' . ,� �, �-�- +,,� " , � ` ,.� f �' � Q' � . .' ;� �, � J� {A 1i��` r'• ¢',',';I�.,�� {^�+y Dp(� '+�: : �.`."Ili^i� G•:.L] �� 1 ti U r. '';.-�i�U ��+�'�,��}'L��n�l �� 'S n��- j�(�j� �1� Uo I��1��t.t'y'`�llUll9 U��, a TARRANT COo9TX � �OT TQ 5CALE � � 9' - 0" ��— 9 � - p^ � `� � 2. 74m � 2. 74rn � o � r� r= � x � a � r � � k i r,� � '� -�_ ' �� - I �-��-�_ ��" � I ANY FACI�[TIES FALI.ING W[TH[N THESE OIMENS[ONS AND LOC�,TED ON TANGENT TRACK WILL BE CONSIDERED IMPAIRED CLEARANCE, SUBJECT TO AGREEMENT, AND ��1UST BE APPROVED PRIOR TO CONSTRUCT[ON BY UNION PACIF[C RAILROAD C0. OFFICE OF CHIEF EN(�INEER-DESIGN HORIZONTAL CLEARANCES ARE TO BE INCREASED I%Z" (3.81CM) PER DtGREE OF CURVE WHERE THE FACILITY [S LOCATEG ADJACENT TO OR W[THIN 80' ( 24. 4M) OF TUR�fOUT OR CURVE LIM[TS. \ G ,✓ � .� � � r � /� � �. SCALEo I "= I 00' ,L��7[]flf�lj� 9/ p 9f ili JL7 JL 1 !]\ UN��N PA�CIFIC RA�II,R�AD C�. FORT WORTH SERVICE UNIT #II . Ma Pe 265 EVERMAN INDe LEAD Ma Pe 244< 9 DALLAS SUB FORT WORTH, TARRANT COe , TX PROPOSED TRACKAGE TO SERVE CITY OF FT.WORTH ROLLING HILLS WATER TREATMENT PLANT .�a�.N� Ex[ST, R.R. OwNEO TRACKAGE ...... EX I ST. [ ND. OWNED TRACKAGE . . . , . . • PROP. I ND. OWNED TRACKAGE . . . . . . . � �} � } - � RAILROAD RIGHT OF WAY ...........-------- � OFFICE OF CHIEF ENGINEER - DESIGN FI�ER f1��°�� CALL BEFORE I OMAHA, NEBRASKA G `S�l�s !�IPTIC �; r 1 Y��l D I G � DATE: 2/2/99 � SCALE: AS NOTED � ORAWING NO.: TX-0251-S1v� I I � C��gp�� V `� I— 800— 336— 9 I 93 " ORa'tlfNG BY:',4CC � M�•0. �10.: � CAD F[LE: tx0251.dgn ITC IDS 970519 Form Approved, AVP-Law EXHIBIT 8 Section 1. BIGHT OF WAY AND PRIVILEGE. The Industry shall procure any needed right-ot-way, public authority or permission for construction, mainienance and operetion of the Track outside the limits of the Railroad's right-of-way. The Industry shell pay eny fees or costs i�osed by eny public euthority or person for the privilege of consiructing, maintaining and operating the Treck. Section 2. OPERATION. (a) The Railroad shall operate the Treck subject to any applicable tariffs or rail transportation contracts and the ter� of this Agreement, but the Railroad shall not be obligated to operate or maintein the Track (and the [ndustry shall not heve any cleim againsi the Railroad) if the Railroad is prevented or hindered fran doir�q so by the Indusiry's breach or by acts of God, public authority, strikes, riots, labor disputes, or other cause beyond its control. The Railroed shall have the right to use the Track when not to the det�iment of ihe industry. (b) The Indusiry shall bear the cost of any modifications to camx�nication fecitities, other then track changes connected with the the construction, reconstruction or operetion of the Track. Section 3. SAFETY. Lhe Railroad's tracks, structures and initial switch connection, required by (a> Clearances/Imoeirn�ents. The Industry shell not permit, erect� place, pile, store, stack, park, or maintain any building, pletform, fence, gate, vehicle, or other structure, obstruction or materiel of any kird, closer to the Track than the stendard clearances of the Railroad without the prior written consent ot the Railroad. The standard clearences of the Reilroad are (i> horizontallv, nine feet from the centerline of the Track, and (ii) verticallv, twenty-three feet above the top of the rail of the Track. For any portion of the Track that is curved, the standerd horizontel clearance shall be increased one and one-half inches for each degree of curvature. All doors, windows and gates shall be of the sliding type or open away fran the Track if opening them toward the Track would impair clearances. Any moveable appliance, including, but not limited to, dock plates and loaciirg or �nloadir� spouts or equipi►�ent, that only when in use impairs the standard clearances, shall be securely stored or fastened by the industry when not in use so ihat such equipment will not impair such clearances. If greater clearances ere required by the Nationel Electrical Safety Code or by statute, regulation or other crnpetent public authority, ihe Industry shall comply therewith and shall obtain any necessary public authority and Railroad c«isent to impair clearances before creating an impeirment. Any structure, material or other obstruction (whether in use or not) which is closer to the 7rack than the Railroad's stendard clearances or applicable public authority, whichever distance is greater, shall be considered an impairment, whether or not consented to or permitted by the Railroad or public authority. (b) pacilities. The Industry shall not construct, locete, maintain or permit the construction, tocation, maintenance or erection of any pits, loadout facilities, buildings, private crossings, beams, pipes, wires, or other obstructiazs or installations of eny kind or character (hereinafter ��Facilities'�) over or under the Track without the prior written consent of the Railroad. (c> Walkways. The Industry, at its expense, shall provide and maintain a clear end safe pathway for Railroad employees along both sides of the Treck beyond the clearance point. If walkways are required by statute or regulation, the [ndustry, at its expense, shall ensure that walkways are built end maintained to conform with such statute or regulation. (d> Industry to Train and Overs�e Emolovees. The Industry shall have a non-delegable duty and responsibility to train and oversee its employees and agents as to proper and safe working practices while performing eny work in comection with this Agreement, or any work associated with the Railroad serving the Indusiry over the Track. (e) Intraolant Switchina. The Industry shall not perform, permit or cause intraplant switching without ihe prior written co�sent of the Reilroad. lntraplant switching means ihe movement of rail cers on the Track by the lndustry by any method and includes the Industry's capacity to move rail cars, whether before, during or after any such movement. (f) �t��. In its use of the Track, including but not limited to the effect that such use may heve on Railroad property, the Industry shell comply with all applicable ordinances, regulations, statutes, rules, decisions end orders including, but not limited to, safety, zoning, air and water quality, noise, hazardous substences and hazardous wastes (hereinafter '�Standards") issued by any federal, state or local governmental body or agency (hereinafter "Authority">. If the lndustry is not in full compliance with any Stardards issued by any euthorized Authority, the Railroad, after notifying the Indusiry of its noncompliance end the Industry�s failure within iwenty days of such notice to correct such noncomplience, may elect to take whatever action is necessary to bring ihe Treck snd eny Railroad prope�ty into compliance with such Standards; PROVIDEO, HONEVER, ihat if Industry's failure to comply with Standards interferes with, obstructs or endangers Exhibit B Page 1 of 4 L:\FORMS\ITCIDSEB.KJO �`1�� ,� �f�r��'� '�'�� ';� {��I ��; � � � �'Ja �s J i:3?� IN� �,�I��S?�,ii. Il �r�'�r� ITC IDS 970519 Form Approved, AVP-Law Railroad mainline or yard operations in eny way, Railroad may initiate complience action imnediately; and PROVIDED, FURTNER, nothing in this Agreement shall prevent Railroad from taking action to mitigate damages caused by Industry's noncomplience with Standards. The lndustry shall reimburse the Railroed for all costs <includir�g, but not limited to, consulting, engineering, clean-up, disposal, legal costs and attorneys� fees, fines end penalties) incurred by the Railroed in cortplying with, abating a violation of, or defending any claim of violetion of such Standards. A waiver by ihe Railroad of ihe breach by the Industry of any covenant or condition of this Agreement shall not impair the right of the Railroad to aveil itself of any remedy for any subsequent breech thereof. (g) Railcars Containina Hazardous Materials. If the Industry uses the Track for the purpose of shipping, receiving or sto�ing railcars containing hazerdous materials, as defined by ihe Department of Transportation, the Industry will comply with and abide by Department ot Transportetion Regulations as set out in 49 Code of Federal Regulations, Parts 100-199, inclusive, as amended from time to time, and provisions contained in epplicable Circuler's of the eureau of Exptosives, Associetion of Americen Railroads, including any and all an�erxi►�ents ard s�pplements ihereto. The term ��Stendards" defined in Section 3(f) shall include (but is not limited to) regulations referenced in this subsection (g). (h) Fiber Ootic Cable SYstems. Fiber optic cable syste� may be buried on the Reilroad�s property. Industry shall telephone the Railroad at 1/800/336-9193 (a 24-hour nunber) to determine if fiber optic cable is buried enywhere on the Reilroad's premises to be used by the Industry. If it is, Industry will telephone the telecomnnication canpany(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of ihe fiber optic cable and will commence no work on Railroad's property until all such protection or relocation has been accomplished. (i} Fire Precautions. Industry shall not permit, place, pile, store, or stack any flamnable material within 10 feet of centerline of the Track. Industry shall �ertave or otherwise control vegetation adjacent to the Track so that it does not constitute a fire hazard. Industry shall ensure that suitable firefighting equipment is aveilable and in working order. Section 4. LIABILITY. (a) For purposes ot this Section, the following detinitions shall apply: (1) "Railroad": the Railroad ard its officers, agents and employees. (2) (3) (4> I ndust ry. "Industry": the Industry and its officers, agenis and employees. "Party": the Railroad or the [ndustry. "Third Person": arry individual, corporation or entity other than the Railroad or the (5> "Loss" means loss of or damage to ihe property of any Third Person or Party and/or injury to or death of any Third Person or Party. "Loss" shall elso include, without limitation, ihe following essxieted experises incurred by a Party: cosis, expenses, ihe cost of defending litigation, ettorneys� fees, expert witness fees, court costs, the amounts paid in settlement, the amount of the judgment, and pre-judgment and post-judgment interest end expenses erising trom snalysis and cleanup of eny incident involving the release of hazardous substances or hazardous Wastes. (b) Except as otherwise specifically provided in this Agreement, all Loss related to the construction, operation, maintenance, use, presence or removal of the Track shall be allocated as follows: (1) The Railroad shall pey the Loss when the Loss arises from or grows out of the acis or omissions of the Railroad whether or not a Third Person contributes to cause the Loss. (2> The Industry shall pey the Loss rrhen the Loss arises from or grows out of the acts or anissiais of the Industry. The Industry shall also pey Loss when the Loss arises from or grows out of: (i) eny i�airn�ent by Industry of the standard clearances of the Railroad as described in Section 3(a); tii) the Industry's failure to construct or adequately maintain pathways or walkways as required by Section 3(c); (iii) ihe lndustry's failure to comply with Standards, as required by Section 3(f); (iv) intraplant switching as defined by Sectio� 3(e); or (v) eny explosion or leakage or evaporation of hazardous substances or hazardous westes shipped, received or stored by Industry. Exhibit B Page 2 of 4 L:\FORMS\1TCIDSEB.KJO ' d"s, � ii�'�r i� �,+�• ��-c��.,-�� u�.�� r.""'��N �r�'.� CF� ��;'�1��r J �: - 'a �, . �. r. ; rr l �',�;. r ��;�:� � ,�, �i �/ r 61.� .� � L ��'fr 4�.�"34h�3 T ITC IDS 9T0519 Form Approved, AVP-Law The iridustry shell be lieble under (i> through (v) regardless of whether the Railroad had notice of, consented to, or permitted the eforeseid impeirments, failures, Standerds, wastes or s�stances, end whether or not the Railroad or a Third Person contributes to cause the Loss. (3) Except as otherwise more specifically provided in this Agreemer�t, Railroad and Industry shall pey equal perts of the Loss that arises out of the joint or concurring negligence of ihe Railroad and the Irdustry, whether or not the ects or omissions of a Third Person contribute to cause the Loss; PROVIDED, however, that nothing in this Agreement shall be construed as impeiring the right of either party to seek contribution or inde+mification from a Third Person. An employer Perty's liability to an e�loyee uider a Workers' Compensation Act or Code or the Federal Employers Liability Act will not in and of itself be "negligence" under this subsection 3. (4) In addition to other indeimity provisions in ihis Agreement, the Irdustry shall indennify end hold the Railroad harmless fram and egainst all costs, liability and expense whatsoever (including, without limitetion, attorney's fees, court costs and expenses> arising out of any act or omission of the lndustry, its contractor, agents and/or employees, that causes o� contributes to (1) any damage to or destruction of eny telecaim�nications system on Railroad's property, and (2) any injury to or death of any person anployed by or on behalf of any telecam�unicetions company, and/or its contractor, agents and/or elrployees, on Railroad's property. Industry shall not have or seek recourse against Rail�oad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecamiunication company using Railroad's property or a custaner or user of services of the fiber optic cable on Railroad's property. Section 5. REARRANGEMENT OF TRACK: ADDITIONAL TRACKAGE. (a> The Railroad mey rearrarge or recrostruct the Track or modify its elevation in order to develop or charee nearby Reilroad property or tracks, provided ihat the Industry shall continue to have similar trackage without additional cost to the Industry. if, however, the chenge in the Track, or its appurtenances, is required by or as a result of any lew, ordinance, regulation, or other contingency over which the Railroad has no control, ihe Industry shall bear the cost of the change. (b) All references in this Agreement to Track shall apply to the Track as constructed, even if it differs or varies from its depiction on Exhibit A. References in ihis Agreement to 7rack shall also apply to rearrangements, reconstructions, extensions or additions to the Track. Section 6. PAYMENT OF BILLS: ASSIGNABLE COSTS. (a) Bills for expenses properly chargeable to the lrxiustry pursuant to this Agreement shall be paid try the Industry within thirty days after presentetion by the Railroed except as otherwise provided. Bills not paid within thirty days shall be subject to interest at the then current rate charged by the Railroad. (b) "Cost" or "expense" for the purpose of this Agreement shall be all assignable costs and expenses including ell current Railroad cost additives. Material shall be charged et its current value When and uhere used. Assignable costs ere eny costs incurred by the Railroad that ere directly or indirectly attributeble to the construction, maintenance or operetion of the Treck that the Railroad has not specifically agreed to pay under the terms of this Agreertient. Section 7. GOVERNMENTAL RESTRICTIONS. This Agreement is made subject to all applicable laws, rules and regulations of the United States Goverrment or eny state, m�micipel, or local goverrniental authorety now or hereafter in effect. Section 8. TERMINATION. (a) (b) known address: Industry may terminate this Agreement upon thirty days' written notice to Railroad. Railroad mey terminate this Ilgreen�ent by sending thirty days' written notice to Industry's last (1) if Irxkstry does not use the Track in an active end substantial wey for a continuous period of six months; PROVIDED, HOWEVER, that Industry has the option after receipt of such notice to pay an emual fee towards the cost of ineintainirg the switch connection up to the clearance point. The Railroad's notice of termination for leck of use shall state the current amount of the arnual fee and how frequently it may be adjusted. Industry mey eccept the option by payment of the annual fee before the termination becomes effective on the thirtieth day efter notice was mailed. (2) if Industry is in default in the pertormance of any covenant or promise in this Agreement and continues in default for a period of thirty (30) days after receiving such notice of default from the Railroed; PROVIDEO, HOWEVER, that if e detault by ihe I�dustry is deemed by the Railroad to be �rxsually dangerous or hazardous, the Raitroad may immediately suspend its performance Exhibit B Ir �1��G-'� Gz�L4��--1�1}r'�i Pege 3 of 4 '�� :. c �. �,,�_,�• L:\FORMS\ITCIDSEB.KJO ,�. {� ��r � �,I�`��iti{ lP��?sl V 'C� v Ih�L ��^}u� ti� -- -- - � _ ._._ t.�t'a _rn,^^��.. n--a� ITC IDS 970519 Form Approved, AVP-Lew under this Agreement during the ihirty day default cure period. Such termination shall be effective on the thirty-first day after the Railroad sent notice of default if default still exists and no further notice of termination shall be required. (3) upon thirty days� written notice if continued operation of Track (including but not limited to the switch connection itself) becomes impracticable due to abandorment or embargo of rail lines, or if the continued presence of the Track would interfere with Railroad operations <including but rat limited to, line changes, construction of new lines, or railroad installetion of facilities). In the event Reilroad terminates this Agreement pursuant to this subparagraph, Railroad shall attempt to provide Industry e substitute switch connection if such a switch comection would be reasonably practicable, could be made safely, and would furnish sufficient business to justify the cost of construction and meintenance. (c) Termination of this Agreement for any reason shall not effect eny of the rights or obligations that the parties hereto mey heve eccrued, or liebilities, accrued or otherwise, which mey have arisen prior thereto. Section 9. SURRENDER UPON TERMINATION. Upon terminetion of this Agretrnent harsoever, the Irxlustry shalt vacate and surrender the quiet and peaceable possession of any right-of-way or other property owned by the Railroad upon which the Track is located. The Railroad shall heve the right to remove the portion of the Track it owns. The Industry, at its experse, shall (a) remove fran the Railroad's right-of-way or other property ell (i) portions of the Track owned by the Industry, (ii) obstructions, (iii) contemination caused by or arising fran the use of the Track for purposes of the Irxlustry, Facilities (as defined in Section 3(b>) and other property not belonging to the Railroad or a ihird party, loceted thereon erd (b) restore the Railroad's right-of-way to as good a condition as the same was in before the date of this Agreement. lf the Industry fails to pertorm such removal and resto�ation, or if the work performed by the Industry is not satisfactory to the Railroad, ihe Railroad may pe�form the work at industry's expense. Section 10. NOT[CES. (a> My notice, cansent or approval that either party hereto desires or is required to give to the other perty uxler this Agreement shall be in writing. The notice, consent or approvel shall be deemed to have been given to Lhe Industry by serving the industry personally or by mailing the same, postage prepaid, to the Industry ei the last address known to the Railroad. Notice may be given to the Railroad by mailing the same, postage prepeid to the office of the Assistant Vice President-Contracts & Real Estate, WP001, 1416 Dodge Sireet, Qnaha, Nebreska 68179. (b) Notices irnrolving a notice of default or termination shall be by certified mail, return receipt requested, and such notice shall be deert�ed given on ihe date deposited with the United States Postal Service. Section 1t. ASSIGNMENT: USE BY THIRD PARTIES. The industry shall not assign this Agreement or permit use of the Track by anyone other than the Industry without the prior written consent of ihe Railroad. The Industry shall notify ihe Railroad in writing of aM essigrn�ent to an affiliate prior to the effective date of the essigrnient. For any departure fran the terms of this Section, the Railroad mey terminate this Agreement. The Railroad shall not unreasonably withhold its consent to an essigrment of this Agreement. Section 12. SUCCESSORS AND ASSiGNS. Subject to the provisiais of Section 11, the rights and obligations contained in this Agreement shall pass to and be binding upon the heirs, executors, acfninistrators, successors and essigns of the parties to this Agreement. Exhibit B Page 4 of 4 L:\FORMS\ITCIDSEB.KJO ��J?��i� G�:�,��t��<.�d L � U�`ur ��'� ��'`,�1 �� h;,,�rv� �J -- , l i�"..�� IIY��{� 5 �� +� ._ � 1 J�, L7:��:^1 City of For�t Worth.c, Te.x:�,� �►�Ir'�l��rr �►nd �aunc;l �ommunicAt�an DATE REFERE�JCE NUMBER LOG NAME PAGE 6�22�9g I **C-17492 60SPUR I 1 of 2 SUBJECT INDUSTRY iRACK AGREEMENT WITH UNiON PACIFIC RAILROAD FOR THE RAILROAD SPUR INTO THE ROLLING HILLS WATER TREATMENT PLANT RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute the proposed Industry Track Agreement with Union Pacific Railroad for the railroad spur into the Rolling Hills Water Treatment Plant; and 2. Approve the acquisition of the southern 121 feet of the railroad spur into the Ro(ling Hills Water Treatment Plant for a cost of $1.00. DISCUSSION: On October 27, 1998 (M&C C-17081), the City Council authorized the award of a contract to Martin K. Eby Construction Company, Inc. for construction of the Rolling Hills Water Treatment Plant Chlorine, Ammonia and Other Improvements project. This project is required to bring the Rolling Hills Water Treatment Plant in compliance with the Safe Water Drinking Act, City codes, and other regulations. Part of this project is construction of a new chlorine building and associated modifications to the existing plant railroad spur that will allow the use of railroad tank cars for chlorine supply. This is significantly less expensive than current truck delivery. The Industrial Track Contract Agreement provided by the Union Pacific Railroad, when executed, will allow the use of the railroad tank car delivery and storage within the new chlorine building. The original plant railroad spur was constructed as part of the initial Rolling Hills Water Treatment Plant. At that time, the plant site was isolated from the main railroad track by an adjacent piece of property owned by others. The short section of the railroad spur across the adjacent property became the property of the Union Pacific Railroad. Since that time, the adjacent property was purchased by the City for use by the Water Department. The Union Pacific Railroad desires to transfer the southern section of the plant railroad spur so that the single owner (the City) has responsibility for the entire spur. City of Fort Wor�th, Texa� ��r� And Caunc�l L,,ammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 6/22/99 **C-17492 � 60SPUR 2 of 2 SUBJECT INDUSTRY TRACK AGREEMENT WITH UNION PACIFIC RAILROAD FOR THE RAILROAD SPUR INTO THE ROLLING HILLS WATER TREATMENT PLANT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that that funds are available in the current capital budget, as appropriated, of Commercial Paper-Water Fund. MG:j Submitted tor City Manager's Office by: Mike Groomer Originating Department Head: Lee Bradley, Jr Additional Information Contact: Lee Bradley, Jr � FUND � (to) c�4o I � 8207 I (f�om) PW 77 � S207 I ACCOUNT I CENTER I AMOUNT 541100 030770151000 $1.00 � CITY SECRETARY APPROVED CITY COUNCtL JUN 22 1999 �� y � 'Av.� 1��..��.1 ✓ City Secretary ot the City ot Fort Worih, TexrR INTEROFFICE MEMO To: GARY STEINBERGER- LEGAL From: MARIBEL LUTTRELL, CITY SECRETARY'S OFFICE Date: March 8, 2000 Subject: INDUSTRY TRACK AGREEMENT WITH LTNION PACIFIC RAILROAD. G 17492/APPROVED 6/22/99 Issued a City Secretary Contract No. 25666 Attached are (4) contracts, with the above referenced contractor for The Railroad Spur into the Rolling Hills Water Treatment Plant. All signatures, except the above referenced contracting part, have been affixed. Please obtain the necessary signature(s) and then return the copy stamped "Official Record City Secretary Fort Worth, TX" to the Office of the City Secretary for the assignment of a contract number. Thank you in advance for your cooperation. If you have any questions, please feel fi•ee to call me at 6153.