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HomeMy WebLinkAboutResolution 1990-022 RESOLUTION NO. 90-22 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The Mayor be, and is hereby, authorized to execute the agreement between the City of North Richland Hills and St. Louis Southwestern Railway Company concerning the railroad at grade crossing improvements on Industrial Park Boulevard, a copy of which is attached to this resolution, as the act and deed of the City of North Richland Hills. PASSED AND APPROVED this 23rd day of ADr; 1 , 1990, A.D. APPROVED: d~.~ Tommy Brow , Mayor ATTEST: Secretary APPROVED AT TO FORM AND LEGALITY: /l / / ;1<//: ( ,( ..l/;- Rex/McEntire, Áttorney CONSTRUCTION ckllopJLW 90-91 tl THIS AGREEMENT, made this /7 day of ¡J;H-¡ , 1990, by and between ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, a Missouri corporation, herein called "Railroad", and CITY OF NORTH RICHLAND HILLS, a political subdivision of the State of Texas, herein termed "Ci ty"; RECITALS: The parties hereto desire to set forth by this instrument their agreements with respect to the improvements of an at grade crossing of Industrial Boulevard (Crossing No. TCC-623.85) where same crosses tracks of Railroad at or near North Richland Hills, in the County of Tarrant, State of Texas. AGREEMENT: 1. Railroad shall furnish the necessary labor and materials, tools and equipment and shall perform the following work: A. Install two flashing light grade crossing signals with additional light units mounted on cantilever arms supplemented with automatic gate arms, together with necessary actuating and operating circuits and adequate instrument housing, hereinafter collectively referred to as "signals" as said crossing. B. Relay 138 track feet of 136# CWR. C. Recondition track and resurface crossing area. D. Install 66 foot full-depth rubber crossing surface. Said signals shall be located approximately as indicated on the print of Railroad's Drawing No. 89-9876, dated August 3, 1989, attached and made a part hereof. Installation and all materials for said signals shall be in accordance with Railroad's usual standards. 2. City agrees to reimburse Railroad for One Hundred Percent (100%) of all cost and expense incurred by Railroad in connection with furnishing materials and performing the work specified in Section I above. The estimated amount reimbursable to Railroad by City hereunder is One Hundred Ninety-four Thousand Nine Hundred Three Dollars ($194,903.00) as delineated on the detail of estimate attached and made a part hereof. --------~.~ 3. Following execution of this instrument, Railroad will order the delivery of all materials required to perform the work contemplated herein and shall submit to City a bill for Eighty Percent (80%) of City's share of the estimated cost of materials to be furnished by Railroad. As soon as the crossing signals and/or the crossing surface have been placed in operationt Railroad shall submit to City bills for Eighty Percent (80%) of City s share of the estimated cost of applicable labor furnished by Railroad. Following completion of audit, Railroad shall submit to City a final bill for the actual total cost of the work performed by Railroad, less the progress payments made by City hereunder. City shall pay all of such bills promptly. In the event progress payments made by City exceeds the audited total final cost, the difference shall be promptly refunded to City by Railroad. 4. After installation of said signals has been completed, Railroad shall maintain same so long as they remain in place. If federal funds or any other governmental funds for maintenance become available, Railroad shall be reimbursed to the extent of such availability. 5. The work to be performed by Railroad hereunder shall be commenced as soon as labor and materials are available, following execution of this instrument, and shall be completed within one (1) year thereafter. 6. This agreement shall be binding upon and inure to the benefit of the successors and assigns of Railroad and the assigns of City. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY By R4.,·~ (Title) . Manager-Contracts CITY By - 2 -