Agmt 2003 Union Pacific Railroad Company (2)

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PubGe Road Improvement l2/O~l/00 Estimated Costs Form Approved-AVP Lau EXISTING PuBIJIC ~~~ cROSSIN~ IMPROVEMENT ACrREEMENT Folder No.: 21 ~ _, -; Q Improvements to Existing Public Road At Grade Crossing For Alvarado Street, DOT 749738B Mile Post 1>.9 2. Niles Sut~division Sa11 Leandro, Alameda County, California THIS AGREEMENT, executed in triplicate this 7th day of Ap r i 1 , 200 3 . by and between ~TNI~N PACI~'I~ RAT~.REIAI~ G~M~AN~', a Delaware corporation (hereinafter the "Railroad"), and ('the) ~;l'~ ®F SAN ~EAI°d~It~, a municipal corporation of the State of California (hereinafter the "Political Body"), Vti~1TNESSETH: RECITALS: The Political Body has requested the Railroad to improve the existing Alvarado Street crossing, at gt-ade; along, over and across the Railroad's track and right of way at Mile Post 1592, Niles Subdivision, DOT No, 7497388, at or near San Leandro; Alameda. Coimtp, California to which the Railroad is agreeable; but solely upon terms and conditions hereinafter set forth. AGREEMENT: NOVJ THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: 1. The Railroad shall furnish all Labor, material, equipment and supervision for the reconstruction of the existing Alvarado Street at-grade public road crossing, as set forth in Estimate of Material and Force Account marked Exhibit B, hereto attached and hereby made a part hereof, at the location heretofore described, as shown generally on Railroad's print marked Exhibit A, hereto attached and hereby made a part hereof. 2. The Political $ody agrees to reimburse the Railroad for one hundred percent (100%) of Railroad's actual labor and material costs associated with the work and materials described. in Section 1 above. The Railroad estimates such cost to be NIl'1E 'Pfl~3dJSAN~ ~7~IE H11NT~RE~ '3'~CvI~T'I`~' DOL)/A.Y2S ($~,Q2(1.00), as set forth in Exhibit B. Dw•ing the performance of such work the Railroad will provide progressive billing to Political Body based on Railroad's actual costs. Aetna] costs to the Railroad shall include customary additives to materials, services and Iabor provided by the Railroad. Within 120 Days after Raikoad has completed its work, the Railroad will submit a fn~al billing to Political Body for any balance owed. Political Body shall pay the Railroad within thirty (30) da}~s of its receipt of all bills submitted by the Railroad. 3. The Railroad, at its cost, shall manrtain the crossing between the trac]; tie ends. If, in the fiiture, the Political Body elects to have the surfacing material between the track tie ends replaced with paving or some surfacing material other than timber planking, the Raih•oad, at the Political Body's expense, shall install such replacement surfacing. ~1~)- H Cil,~,; i~~ San 1.,candn~_ L;;=` Pale 1 fanuarr 2~>, 200:3 Alvara.du 5irret