NILES PLEASANTON TRACK CONSOLIDATION 1984

NILES - PLEASANTON TRACK CONSOLIDATION PROJECT SECTION III - contd. 6. Acquire any rights -of -way required for COUNTY's portion of the project. 7. Eliminate the following listed public grade crossing across tracks and rights -of -way of the SPTC upon the abandonment and removal of existing railroad track, and restore roadway pavements and any appurtenant faciliti:: following removal of said railroad tracks: a. Kilkare Road, Sunol, CPUC Crossing No. D -35.6. b. Bond Street, Sunol, CPUC Crossing No. D -35.8. c. Pleasanton -Sunol Road, CPUC Crossing No. D -38.3. 8. Cause the preparation of plans and specifications, prepare contract documents, advertise for bids and award a construction contract, provide construc- tion engineering, and certify the completed work for the realignment and reconstruc- tion of the portion of Pleasanton -Sunol Road at CPUC Crossing No. D -38.3 following abandonment and removal of existing railroad tracks in order to eliminate certain sharp reverse curve approaches thereto. 9. Maintain all roadway portions of the project as constructed within the unincorporated area of COUNTY, and make no claims against CITY at any time for any portion of such maintenance expense. SECTION IV - MUTUAL OBLIGATIONS FOR AND IN CONSIDERATION OF THE COVENANTS AND CONDITIONS TO BE KEPT AND PERFORMED BY THE PARTIES HERETO, IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That if the design of any of the three aforesaid underpass structures and the soils tests and /or other related engineering requirements necessary in connection with the design and construction of the aforesaid underpass structures are to be accomplished through the services of qualified consultants, such consultants shall be mutually acceptable to both CITY and COUNTY. Employment of such consultants shall be accomplished through contractual documents separate and apart from this agreement in a manner acceptable to the parties concerned. 5