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