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
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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.
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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
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