HomeMy WebLinkAboutNorfolk Southern Railway Company & Augusta Ga
Augusta Richmond GA
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YEAR: 2DD ~
BOX NUMBER: IIp
FILE NUMBER: lle 33 t.p
NUMBER OF PAGES:
3
AUGUSTA-RICHMOND COUNTY COMMI'SSION
JAM ES B. WALL
CITY A lTORNEY
LEE BEARD
TOMMY BOYLES
ULMER BRIDGES
ANDY CHEEK
BOBBY G. HANKERSON
WILLIAM Il. KUIILKE, JR.
WM. "WILLIE" H. MAYS, III
STEPIIEN Eo SIIEPARD
MARION WILLIAMS
BOB YOUNG
Mayor
P.O, Box 2125
454 GREENE STREET
AUGUSTA, GA 30903
Bus. (706) 821-2488
FAX No: (706) 722-5984
E-MAIL: JWALL@CO.RICHMOND.GA.US
GEORGE R. KOLB
Administrator
RICHARD L, COLCLOUGH
Mayor Pro Tem
September 12, 2002
Ms. Lena Bonner
Clerk, Commission
8th Floor, City-County Bldg.
Augusta, GA 30911
RE: Our File No. AR-20-027
Dear Lena:
I enclose herewith the original of the Agreement between Augusta, Georgia and
Norfolk Southern Railway Company for the installation of a hydra switch. This Agreement was
approved on September 4,2001. Please include this in the City's permanent records.
With best personal regards, I am
JBW/sjp
Enclosure
cc: Ms. Teresa Smith
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CONSTRUCTION AGREEMENT
TillS CONSTRUCTION AGREEMENT, is made and entered into this
4- ~ Day of A D ~. , 2001, by and among Augusta, Georgia, a political
sulxlivision of the State of Georgia (hereinafter referred to as "City"), and Norfolk
Southern Railway Company, a Virginia Corporation (hereinafter referred to as "NSR").
WHEREAS, NSR owns tracks within the City of Augusta, which tracks are
subject to a Franchise Agreement among the parties hereto; and
WHEREAS, NSR desires to install a hydra switch, which will be controlled by
VHF radio frequency, in the NSR tracts; and
WHEREAS, NSR forces will perform, or have performed, the labor associated
with the installation of said hydra switch; and
WHEREAS, the City has agreed to reimburse NSR for the cost of material and
installation of said hydra switch, and
WHEREAS, the City shall have no obligation to maintain such switch following
installation of same, and
WHEREAS, the parties recognize the need for a formal agreement covering the
installation of said hydra switch,
NOW, THEREFORE, the parties hereto intending to be legally bound agree as
follows:
1. CONSTRUCTION
(a) NS will purchase and be responsible for the installation and associated
track work of the 120V AC/12VDC radio controlled hydraulic switches.
(b) The City shall reimburse NSR within 60 days upon receipt of invoice for
the costs ofthe switch in an amount not to exceed $25,982.00.
(c) Any future adjustments and additions to the tracks will be the sole
responsibility and expense ofNSR
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2. CONSTRUCTION LIABILITY
As between the City and NSR, NSR shall solely be liable for loss of, damage to,
and destruction of any property whatsoever and injury to and death of any person
whomsoever, resulting from, arising out of, incidental to or occurring in connection with
the actual installation of the signals and associated track work under this Construction
Agreement.
3. MAINTENANCE
The City shall have no obligation for maintenance of said switch and the
responsibility for all maintenance of the switch shall be that ofNSR.
4. EFFECTIVE DATE
Ibis Construction Agreement will 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.
ATTEST AUGUS
~ Jt;BY:
I rk Lf" As Its Mayor
WI1NESS
NORFOLK SOUTHERN RAIL WAY
COMPANY
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