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NILES - PLEASANTON TRACK CONSOLIDATION PROJECT <br />SECTION III - MUTUAL OBLIGATIONS <br />FOR AND IN CONSIDERATION OF THE COVENANTS AND CONDITIONS TO BE KEPT AND <br />PERFORMED BY THE PARTIES HERETO, IT IS MUTUALLY UNDERSTOOD AND AGREED: <br />1. That if the design of any of the three aforesaid underpass structures and <br />the soils tests and /or other related engineering requirements necessary in connec- <br />tion with the design and construction of the aforesaid underpass structures are <br />to be accomplished through the services of qualified consultants, such consultants <br />shall be mutually acceptable to both CITY and COUNTY. Employment of such con- <br />sultants shall be accomplished through contractual documents separate and apart <br />from this agreement in a manner acceptable to the parties concerned. <br />2. That financial obligations and contractual commitments on the part of <br />either CITY or COUNTY required in the execution of this agreement are based upon <br />the award of grade crossing separation funds from the State of California in the <br />allocated amount of $5,000,000. <br />3. That the cost of the project shall include, but not be limited to: <br />a. Preliminary engineering, utility relocations, construction <br />engineering, contract administration, appraisals, and related costs. <br />b. Costs of rights -of -way acquired by either CITY or COUNTY as defined <br />in paragraph 5, Part II, of the aforesaid four -party agreement executed on March 23, <br />1982, in connection with the project. <br />c. The actual final quantities used in construction of the project, <br />including the approaches to the three grade separation structures, to which shall <br />be applied the corresponding unit prices contained in the construction contracts. <br />d. The actual cost of work by forces of the two railroad companies <br />involved in the project, subject to the limitations set forth in subparagraph 8d, <br />Part I, of the aforesaid four -party agreement executed on March 23, 1982, in <br />connection with the project. <br />e. The total cost to remove the existing South Verona underpass <br />structure (CPUC Underpass No. 4- 37.2 -B), and restore the related roadway. <br />f. The actual cost of supplemental items and engineering applicable to <br />the design and construction of the project. <br />4. That the preliminary sharing of the grade separation funds to be received <br />-5- <br />