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NILES-PLEASANTON TRACK CONSOLIDATION PROJECT <br /> <br /> SECTION III- contd. <br /> <br /> 6. Acquire any rights-of-way required for COUNTY's portion of the <br /> <br />proj ec t. <br /> <br /> 7. Eliminate the following listed public grade crossing across tracks <br />and rights-of-way of the SPTC upon the abandonment and removal of existing railroad <br />track, and restore roadway pavements and any appurtenant facilitlss following removal <br />of said railroad tracks: <br /> <br /> a. Kilkare Road, Sunol, CPUC Crossing No. D-35.6. <br /> b. Bond Street, Sunol, CPUC Crossing No. D-35.8. <br /> c. Pleasanton-Sunol Road, CPUC Crossing No. D-38.3. <br /> <br /> 8. Cause the preparation of plans and specifications, prepare contract <br />documents, advertise for bids and award a construction contract, provide construc- <br />tion engineering, and certify the completed work for the realignment and reconstruc- <br />tion of the portion of Pleasanton-Sunol Road at CPUC Crossing No. D-38.3 following <br />abandonment and removal of existing railroad tracks in order to eliminate certain <br />sharp reverse curve approaches thereto. <br /> <br /> 9. Maintain all roadway portions of the project as constructed within <br />the unincorporated area of COUNTY, and make no claims against CITY at any time <br />for any portion of such maintenance expense. <br /> <br /> SECTION IV - MUTUAL OBLIGATIONS <br /> <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 /> <br /> 1. That if the design of any of the three aforesaid underpass structures <br />and the soils tests and/or other related engineering requirements necessary in <br />connection with the design and construction of the aforesaid underpass structures <br />are to be accomplished through the services of qualified consultants, such <br />consultants shall be mutually acceptable to both CITY and COUNTY. Employment <br />of such consultants shall be accomplished through contractual documents separate <br />and apart from this agreement in a manner acceptable to the parties concerned. <br /> <br /> <br />