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1.1 Installation of all rail materials shall be in accordance with Union Pacific Railroad
<br /> usual standards. The Railroad and its contractors shall do all necessary repair work to improve
<br /> the crossings, including furnishing all labor, material, equipment, and supervision for the repair
<br /> and replacement of the crossing surfaces with pre -cast concrete panels including, but not limited
<br /> to, rail ties, ballast and other track materials and traffic detours and lane closures to make it
<br /> passable crossings. All work by the Railroad shall be completed by February 15, 2001.
<br /> 1.2 The City and its contractor thereafter will provide labor and materials for
<br /> modification of the roadway, including removal and replacement and/or modification of asphalt
<br /> concrete roadway and base materials, concrete curb, gutter and sidewalk, adjustment of manhole
<br /> rims, traffic detours and lane closures, and other associated items of the improvement work in
<br /> accordance with the plans prepared by the City titled "Railroad Grade Crossing Improvements
<br /> 1.3 The City agrees to reimburse Railroad for 100% of the actual cost for the concrete
<br /> crossing panels supplied by the Railroad pursuant to Section 1.1 above. The Railroad, at its
<br /> expense, agrees to provide the new ties, rail, OTM, ballast, and all labor to install said concrete
<br /> crossing panels. Upon satisfactory completion of the Improvement Work, the City shall
<br /> reimburse the Railroad for the actual purchase price of pre -cast concrete crossing materials,
<br /> including appropriate taxes. The estimated cost of the pre -cast concrete panels is S54,400.00
<br /> 2.0 Removal Work. The City and its contractors shall furnish all labor, material,
<br /> equipment, and supervision to remove the rails and modify the asphalt concrete roadway and
<br /> base materials, provide concrete curb, gutter, and sidewalk, adjust the manhole rims, and other
<br /> associated items to remove the Crossings at the three locations listed in Recital B. The city will
<br /> off -haul the removed rails and ties on Railroad's property within City limits of San Leandro. All
<br /> associated work will be in conformance with the requirements of this Agreement, City standard
<br /> plans and specifications, and plans prepared by the City titled "Railroad Grade Crossing
<br /> Improvements."
<br /> 3.0 The Railroad, at its cost, shall maintain the crossing surface between the track tie
<br /> ends. If, in the future, the City elects to have the surfacing material between the track tie ends
<br /> replaced, the Railroad, at the sole expense of the City, shall install such replacement surfacing.
<br /> The precise manner and method of determining applicable charges, manner and method of
<br /> payment, and other procedures under said sections shall be governed by any applicable decisions
<br /> of the California Public Utilities Commission.
<br /> 4.0 The City, for itself and for its successors and assigns, hereby waives any right of
<br /> assessment against the Railroad, as an adjacent property owner, for any and all improvements
<br /> made under this Agreement.
<br /> 5.0 The City understands that the Railroad, its successors and assigns, retains the
<br /> continuing right in performance of its duties as a common carrier, to add or delete existing and/or
<br /> future tracks on Railroad property through the crossing area. The City, its employees and/or
<br /> agents, shall in no way obstruct or interfere with the Railroad's employees making repairs to, or
<br /> performing maintenance on, grade crossing warning devices or crossing surface(s).
<br /> UPRRiCity of San Leandro: Public Crossing Agreement Page 2
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