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HomeMy WebLinkAboutCSX Transporation , Inc. Augusta Richmond GA DOCUMENT NAME: c.sX \'(a.~'(-t(}n()J, \\'e. DOCUMENT TYPE: ~'(eef'(\eX\\- YEAR: 00 BOX NUMBER: \ \ FILE NUMBER: \~Dd~ NUMBER OF PAGES: G\ p. . ..--.. '~ . ., THIS CONSTRUCTION AGREEMENT, is made and entered into this ~ day of Q~t ,21)00, by andamoag Augusta~G.eorgia, a political subdivision of the State of Georgia, hereinafter referred to as "City: CSX TcanspoctatiOllrlnc., beceinaftec refeccedta as, "CSXT",-a Virginia corporation and Norfolk Southern Railway Company, hereinafter referred to as "NS': 8' Virginia Corporation. WITNESSETH: WHEREAS, CSXT owns track at 11th Street and at the west end of its yard and CSXT and NS jointly own tracks at (jh Street and Central Junction within the c~ of Augu~ which tracks. are subject to a Franchise Agreement among the parties hereto; and WHEREAS, CSXI and NS desire. fa install hydra switches, which will be controlled by VHF radio frequency, in the joint CSXT/NS tracks at (fh Street and CenualJunction;and WHEREAS, CSXT also desires to install hydra switches in its solely owned tracks at 11th Street and at the west end of CSXT's yard; and '~ -, "i WHEREAS, CSXT forces will perform, or have performed, the labor associated with the installation. at all four such switches in the joint trackage; and WHEREAS, the City has agreed to reimburse CSXT for the cost of material and installation of said hydra. switches;.. and WHEREAS, the City shall have no obligation to maintain such switches following installation at same;. and WHEREAS, the parties. recognize the need for a. formal agreement covering the installation of said hydra switches. NOW THEREPORE.-the- parties hereto intending_ to be legally bound agree as follows. 1. CONS-TRUCTION (aJ CSXI will purchase and be, responsible for the_ installation and associated track work of the four 120VACI12VDC radio controlled hydraulic switches, including the two- switches located. in_ the jnint trackage at Sixth Street and at Central Junction. (b) The City shall reimburse CSXT upon receipt of invoice for the cost of the four (4) switches in an amount not to exceed $103,931.00. 2 . ..,;;' (c) Any future adjustments and additions to the tracks will be the sole responsibility and expense of the p~. making. the adjustment. or changes, unless otherwise agreed between CSXT and NS. 2. CONS-fRUCTIQN- L.IABlLITY I SoleLy as betweeIL the Parties.heceto,_the responsibility for loss. o( damage to, and destruction of any property whatsoever and injury to and death of any person whomsoev.er,..resulting.fromr-arising.aut.of, incidental to or occurring in connection with the actual installation of the signals and associated track wockunder this Construction Agreement. shall be apportioned as follows without regard to consideration of fault or negligence: CSXT shall be_liabLe_ foe all Loss of,.. damage_ to., and destruction of any property whatsoever and injury to and death of any person whomsoever, or to any autside Party, wbich occurs during. the construction activities of CSXT,. or its agents, employees or contractors on CSXT-owned track, and CSXT shall forever protect,.. hold harmless, and indemnify. NS. fcom_ an~ such loss of, damage_ to, and destruction of any property whatsoever and injury to and death of any person whomsoever occurring. during. such construction_ CSXT and NS shall be equally liable for all loss of, damage to and destruction of any property. whatsoever andinjut}'- to_ and death of any person whomsoever or to any outside party, which occurs during the construction activities on the jointly owned trackage aLSixth Stre,et and Central Junction. 3 ." ~., ., ~ ' . 3. MAINTENANCE The City shall have nD- obligation foe maintenance of said switches and the responsibility for all maintenance of the switches shall be that of CSXT and NS pursuantto an existiny--Ageeementbetween CSXI ancLNS for the respective trackage. 4. EFFECTIVE DA TE This. Construction_ AgreemenLwi/L become. effective as of the date first above written. IN WITNESS WHEREOF the. parties.have. caused this Construction Agreement to be duly executed as above written. WLTNESS:- CSX. TRANSPORTATION, ING. ~L'h WtTNESS: ~ NGRFGLK-SGUTHERN RAILWA Y COMPANY ~.~.~ ~ WITNESS: dMqJ0wA/ 4