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HomeMy WebLinkAbout0452.000..... o ~ ~ Auqust 9, 1990 THE HO~ORABLE CITY COUNCIL Palo Alto, california c 8 f , Award of Contract for )lataderQ Canal TrunJc; sever Relocation Members of the council: This report recommends that Council award a cont.ract in tbe amount of $218 .. 492.00 to Harty Pipelines .. Inc~ for relocating the existing 12-inch sanitary sewer between Park BoUlevard and Alma street near MatadeTO Creek and approve and autboyize the Mayor to execute an ease3llent agreement with southern Pacific Transportation Company tor required railroad right of way.. In addition .. staff recommends that Council authorize the city xanager or his designee to execute one or more change orders to the contract with Barty Pipelines" Inc.. for additional related but unforeseen ",ork~ The valUe of these change orders shall not exceed $32 .. 700. Funds for this project are available in the FY" 1990/91 Capital Improvement PrograD budget for Waste'Water Collection System Auqumentation of which $18~87S viII be reimbursed by the Santa Clara Valley water District. BacKground The existing 12-incb diameter sanitary sewer between Park BoUlevard and Alma Street near Katadero Creek is in a location that iJ".'"erferes vith the Santa Clara Valley Water Oistrict's pl3.nned improvements on Matadero Creek. This sewer is also difficult for the City's maintenance crews to maintain due to the inaccessible location of. and long distances between, mariho1es. Additionally, the sewer is in dangerous proxi.ity to an underground 60Xv electric line. CHR:452:0 , , i 1 ~ , . >, '.' , '~;.-.. -; ,'. _. , .. -~: - o o project Qescription This project ~ill relocate the 12-inch sewer $0 that it viII not interfere witb the planned Santa Clara Valley Water District improvements on Hatadero Creek, viiI be more accessible to the city's Kaintenance crews,. and will abandon appr-oxilnately 2500 lineal feet of existinq sewer of early 1900 vintage. Bid Evaloation The original bids provided for an installation technique that proved to be too expensive.. These bids for the project were rejected (CMR:380:0) and the project was redesigned and sent out Ag;ain for competitive bids alloving for open cut methods 'Wbicb proved to be more economical. On July 24~ L~90r bids 'Were received from t~o qualified bidders which ranged from a low of $21B,492.GO to a high of $.OS~600.00. After reviewing projects done by Harty Pipelines, Inc. for other agencies,. staff finds the low bidder QI.Jalified to perfoI'lll the 'Wo·rk. Tbe Enqineer's Estl.ate is $223,855.00. SoUthern Pacific Transportation Company has qranted an easement to the City to allow the city to construct, maintain and use the new sewer which vill be located beneath Southern Pacific's ri9~t-of­ vay. The charge for the easement is $4Ei·O. Recommendation Staff recommends that council: 1. Authorize the Mayor to execute a ~tract with Harty Pipelines, Inc. in the amount of $218,492.00 for relocation of tbe sanitary Sewer bet~een Park Boulevard and Alma Street near Matadero creek. CMR:452:0 • • • I I o o 2. Authorize the City ~nager or his deslqnee to negotiate and execute one or more cbange orders to the contract with Harty pipelines, Inc. the value of which change orders shall not exceed $J2,7CO.OO. 3. Authorize the Mayor t.o execute the attached easement that will allow the city to construct.,. maintain and use the se.wer beneath southern pacific's right-ot-way. RI CIIMOND W. FRANKLIN Senior Engineer L~~~/X-~~~ • 'ICIIARD L. YOUNG {/ • Director of utilities Assistant city Manager AttaChments: Bid summary contract Lease Agreement 0IR:452:0 • '> , t , l ,'-'- /' ·/·~~)i-t:;t ~'~:\;~;;~~;._:-;;;---,[ "" ~--~:-:~<,.,.,',. ,r~V , ;' i;" ~ t t ?~ -------______________ ,~.~._~ _____ ... _. __ .......... __ •• __ r_K _. __ .. ,._~~.~. __ • _, __ CITY OF PAl.O ALTO WASTEWATER COLLECTION SYSTEM MATADERO CANAl. TRUNK SEWER RELOCATION -BID SUMMARY CONSTRUCTION SCHEDUl.E w 90 WORKING DAYS BID DATE -JUl. Y 24,1990 ~LT£RNArE *2-OPEN cur & BORE BIO I -i CITYOPPA~OALTO !HARlYPIPELINES DETRIC;K,CORP, " , ESTlM~TEO !ENGINEEA'S€STIM~TE' UNIT 'TOT~1. ' UNITl' TO't ""; ITEM OESCRIPTION " QUANTITY UNIT TOT~~ PRICE 'COST 'PRICE;' COST_ " , , PRICE COST • " ' ",; , ' 1 OSG"NSTA~LATION OF SHORING 1 LS 15,000 $15,000,00 16,000 I $16,000,00 12,000 , $12,000,00 2 INSTAI.~ 18· VCP 5M L~ 210 $118,650,00 170 $96,050,00 300 ; $1 &9,500,00 3A INSTA!.~ 12· PVC 240 ~p 150 $36,000,00 '80' $43,200,00 260 $&O,OOQ,OQ 38 INSTA!.L 12' OIP (BORE -116LF) 1 LS 31,900 $31,900,00 46,400 I $46,400,00 81,200 $81,200,00 I 4 IINSTALl, MH'S 4 L~ 3.000 $,2,000.00 3,000 $' 2,000.00 , 3,000 $12.000.00 5 RECONNECT ~CTIVE LATERAL , EA! 6,700 $5.700.00 3,000 $3.000,00 I 5,000 $6,000,00 6 I CLE~NING or S8 921 IF 2 $1.642.00 1 $921.00, 15 $13,815.00 I 7 i VIDEO l~speCT 55 921 LP 3 $2.763,00 1 $921,00 I 5 $4,60MO $223,855,00 $218.492,00 $358,120,00 ~~ TERN"TE _, -D1R"CTiON~~~ V DFllLL I~ 1-I;I'rY OF PALO ALTO H~RTY PIPELINES DETRICK.CORP. BID : ESTIMATED ENGINET'S EsTIMATE I)NIT I TorAL UNI",' 'l'OTAI. ITEM DESCRIPTION iOVANTITV UNIT TOTAl.' PRICE i" COST PRICE COST' i PR'CE COST I 1 05GIINSl'A~LATION OF SHORING , L5 I 10,000 i $10,000,00 NO 81 C 12,000 $12.000.00 I 2 INSTA!.L 18' VCP 585 !.~ I 3001 $169,500.00 3 INSTALL 12' PE (356!.1') 1 LS )1,80 ! 166.660 $168,680.00 • INSTA!.1. MH'S ~ ReCONNECT ACTIVE LATERAL 6 ICLEANING OF 55 7 VIDEO INSPECT $$ 4 LF I , EA 921 LP I 921 Lr 3 5 3.000 $12,000.00 \ ,,'00 ' $5,700.00 5000 85.000,00 .00 2 $1.842,00 15 $13,815,00 3 82.763,00 5 $4.60500 $339,63' ,,00 $405,8~O,00 G o ~~~f;~;{',;";~;;~;·'1';l;,i,};;~:, .al.i::,,\( 't~/,'~'c",,,H,l,,;\<, "::f,;'" .,'",' !Vl~'!' ';""'''}'i1'~\'1, '¥.'1 l _",_"-,,, ,:~j~\~ ,: f ,/, .. :;,'--':(:: ;.,'~y ,':.;<~.}>:T, l >,~} " ;, ' ,j !f",;,. ;:,''',,'' .!",( ... ' t~;' ,)i;":: .. ~"'J" ..... ::,.: "','1,:'; "', /. ',' ""f-t""'" - \ ,i"!' '" '-' -,I,. :, '_ '<, -, \ .. PI ' -,~',-, -'., ,-'--;'-" -" ~ ... '" I , , , " I' J l- t, ~ , !' ,-10_ I I I I, t ," , i' i i ~ ., .. / • ,j ,~ J , I !,~i; ,,>' "_~/' > !1" "! _;"~'_J':~t , • ,< ~ 1 , I ~ ;. ~ , L / • o CONTltAC'l' THIS AGREEMENT Is made and. entered int.o" If, duplicate" this __ ____ day of --~--~--~c--' 19 __ • by and belveen the City of Palo ~Jto, California, bereinafter called ·C£TY·, and _ =--=-",",,:":-:;T:7-::-::-':-;C::C::-=CC7h.ereinafter call ed "'contractor" ... hose Taxpayer Identification Number is: __ For and in consideration of their mutual covenants ... the parties hereto agree as follo~s; • \ Contractor shall do all the ~ork and furnish all the materials necessary to construct and complete in a g-ood, .orbanl ike and substantial manner, and to the satisfaction of the City of Palo Alto, the follo~ing: 2. This contract shall consist of the toll~inq documents on file with the City Clerk., all of 'Which are ince·rporated herein and made a part hereof by reference thereto; a. b. c. d. e. f. 9· h. i. j. k. This Contract Notice Inviting Sealed proposals Accepted Froposal Standard Specifications dated 1972, as amended ... or as superseded by o,ther documents incorporated herein. General Provisions Technical Specifications --Special Provisions Certificate of Insurance Performance Bond Labor-and Materials Bond ~ffi~ative Action Guidelines and Compliance Report Any and all supplemental agreements ~hich amend or-extend the ~ork contemplated and vhich may be required to complete the work in a substantial and acceptable manner. 3. In consideration of su-ch 'Work.,. CITY' shall pay COfl.tractor the c.mO'.mt. specified in his bid in the manner . provided in said standard Specifications dated 1972, as amended. 4. Concurrently vith the execution of this contract... Contractor shall provide CIT':{ 'With the Contractor's Labor and Material and Faithful Performance Bonds and certificates of insurance ... including any worKers' compensation insurance required by the la~s of the state of California or otherwise required in said specifications. 5. This cont~act shall not be assigned by Contractor. 25 ~,~ '~c ''>-'. ~ '. I ~ i I 1 I , • ,. . . \ ,,:'~I~~ . '~\ .. ~::~~~_~',,~?,~:,-.. ,-"~..:..-,,,~~.....;_....;. ...... +\: """"-"",,---==';"o/~'m'",,, J':.,~~ ",""l'_ .. :".~~ .. ..,.z -;,.,.J!'iit'~--·-"'* o o CONTRACT (Continued) IS.. All claims by contracto~ regarding ertra 'Work .... cbatqes,. delay Clr othe.r disputes arising out of the Contract :must be su!:>mitted to CIT'! in writing within ten (10) vorking days after the clai. arose I descrihing in detail ~he nature. and value of the disputed ~ork or claim. 7a contractor bereby agrees to indeanify~ defend and bold harmless CITY, its officers .... agents .... and employees from any and all demands I claims or liability of any nature~ caused by or arising, out o~ Contractor's, its Clfficers', agents', or employees' negligent acts~ errors. or omissions r or willful misconduct.... or conduct for vbich tbe laW' imposes strict liability on Contractor in the performance or failure to perform this Agreement:. .. s.. This Agreement repr~5ents the entire Agreement bet~e~n the parties with respect to the purchase and sale of tbe equipment" materials" or supplies or payment for services which bay be the subject of this Contract. All prior agreements" representations, statements~ negotia­ ~ions and undertakings whether ~ral or wri~ten are superseded hereby. 9.. No payment" partial payment" acceptance. or partial acceptance by City sball operate as waiver on the part of City of any ~f its rights under this contract. 10. Contract.or agrees to permit CITY to-audit, at any reasonable time during the _ term of this Agreement and for three (3) years thereafter, Contract.or's records pertaining to matters covered by this Agreement .. Co,ntractor further agrees to maintain such records for-at. least three (3) years after tbe term of this Agreement .. IN WITNESS WHEREOF" the Parties have set their hands all on the day and year first above written .. ATTEST: city Clerk APPROVE!:>: City Manager (Department Bead] Director of Finance Risk Manager CITY OF PALO ALTO" CALIFORNIA By:_~~ Mayor COUTRA CTOR By: Tit~l-e-:------------ Ta~~.yer 1.0,' _________ __ APPROVED 1.5 TO FORM: City Attorney 26 .-c..,\, . I .... ~ p; ... f' r f , ! , ,. ."" .; I , • o STATE OF CALIFORNIA I , S5. COUNTY Of' SANTA CLARA I On r 19'90 ... before ::ne, a Notary Publ ic in and for said county and state, pe=sonally appeared MIKE COBB, kx.KY~ to ~e (or proved to ~e on the basis of satisfactory evidence) to be the person who executed this instrLiJllen't as the Mayor of the City of Palo Alto, a municipal corporation, and acknowledged to me that said municipal corporation executed the same. IN liITJlESS )j1iEREOF .. I have hereunto set my band and affixed my official seal the day and year in this certificate first above written .. Notary Public in and for said county and State • \ , . .. - .. ./ C ',,-'L... 0 !iouthe~ F»aciRc Transportation Company 1200CcrporatltC4ntarOl' .. Montarey Pant. CA. 9~754 Cit1 pi P~Io lIto ·258 Ha.ilto" Iv!n!!! Pal a lIto, CA. 943G18 Sentluu: IN REP...' RefER TO: E-32.21-X(ll )tat 18, 1999 E~]Q~!d a~R d~plieate counterparts oT ~ LieeD~e 19ree~eDt w~ie~ ,~r.its t~. constructiQn_ ~ajnt~nance an~ oper~tion of a 12-inc~ 5anitarl 5twRr ,i,eline along. aCfGSS a~d beneath ou~ Railroad pr.alSIS aear ou~ Station OT Paio jlt~. Please bavt both copies executed. i"sert the date agreeaent is to ~eco.e .fleetly! and r.tura SP!C ~iginal to thi~ ~Ffice for Dur fUrther ~andli~g~ ~ith retur. 0' t~e agree.tnt. also 'ur_Ish a c'ec~ aade out to Sout~er. Pacific Transportation i_ the a_ount Df t46e.9a to ~over docu.ent preparatIon. the du?licate ~ounter;art oT the ag~ee.eat .~7 be r~tai~~d fo~ leu~ record5. IF t~is iC5tal1ation is to ~e don! ~1 L[ee~see~s own forces, ,leag! notifl Souther. Paeifie as specified on the fo~. enclosed; hovever, if this work .ill be dene ~1 an out5i~e contr.cto~, Joe .ust a.d' .... i5e the 1\i111le and .ilc!dress of" the contractor ill orde~ tfla.t we .ay process our stan~a.rd Con~actor~s iigbt of EntrJ per.it with t~e. prior to commence~ent of work. If Je~ ~ave an, further ~ut5tions or wish ta .dvi~e e( your contrllctor, ,luse contaet. the undersigned OQ (213) 780-69601. ~, EnclostJr~ Tours trilly. I. i. IlA!U5ICH, ~anager jgree.ents , Contracts /]AI J) ~ '" • ,,,.A.,,,4j/~ V.L. La~igue~1 Le~e Clerk • , - ,. o c'l:2soplEJ 104 5/14/9r> Foc .. C-l DEED RELMIS, E-l2.21-X(N) T81S rNDENTURE, made this _ -day of .yQJ".~ . r-' 1990, by sod bet~e.c SOUTHERN PACIFIC.TRANSPORTATION COMPk~Y, a Delaware c.o·t'p-oratioll, hereio termed "'Railroad"'. and CITY OF PALO ALTO, a lIlunicipal <:.o't'poration <of the State <:If Califot'Q!..a, 250- Hamilton Ave •• Palo Alto', CA 94301, herein termed --cractee"; VITNESSETH: I .. Railroad hereby greets to Grantee. subj~t to the reservations, ~oveDaots and conditions herein contained, the rigbt to ~oostruct~ ~econstruct, maintain and operate a 12-itl~h sanitary sewer pipeline bereinafter refe~red to B$ "structure"', {o .. upoc, alo·ng. across s["Id berleath pt'operty and trac\s of ;tailroad .. at or nea[' Palo Alto. in the Couoty of Santa Cla['a, State of Califorrlis, c~ossi[1g the ceoterli[1e of said t~acks at Engioeerls Station 361+35+, Mil€ Post ~2.22 in the locatio-o shown 00 the pr-int of 'Rail~oad's O['awiog l.,lJ)E 08-AA­ S~. 104. sheet No.2, dated ~pril 9, 1990 attached and ~ade a part hereof .. Said stroctut"e shall be installed in accordaCloCe with minimum requireme[1ts of Fore C~ S .. lUd .. also attached and made oS part hereof. As Grantee Dollars a par-t co{)sideration for-the rigbts herein granted, shall pay to ~ailrcad tne sum of Four Hundred Sisty (S460.00). -1 - , . ~ J i , -, •... Form C-l , / o Zoo Preject marleers in form and site satisfactor-r to ~ailcoad. id~~tifyin& the facility a~~ its o~ne~J ~it be installed aDd ~oostaDtl, ~ai~taioed by and at the expense of Grantee at Railroad property lines or such locations as ~ailroad shall approve. Such marKers shall be relocated or removed upon request of ~ilrcad ~ithout expense to Railroad. Absence of markers d~es oot constitute a ~arra~ty by Railroad of DO subsurface instal13tict'ls. 3. The~e is reserved onto Railroad, its successors and assigns and anyooe acting with the perEissioD of Railroad the l'igbt (consistent with fhe rig"hts herein granted) to c-O·t'lstC"lKt J reconstruct, maintain aod use eIisting and future railr-oad traCks, facLlittes aod appurtenances and eKisti~g aod future transportation commuoication (including fiber optic telec~~munieatlon systems) and pipeline facilities and appurtenaoces ie, upon, ove~, under, acrOss and along said property .. 4 .. This graet is made: subjec.t to all licenses, leases, easemects, restrictions, eooditioos, covenants, eocumb~ances, liens and clai~s of title vhich may affect said property and the word -grant-as used herein shall not be construed as a covenant against the E!:llisteoce of any tber:eof .. 5.. ~ rights nereiD granted to Grantee s"hCill lapse atld become void if the construction ¢f .said st['l.JoCture upon said p~op~rty ~s not commenced wit~in one (1) year fcom the date first here1c lolcltten .. 6.. Gt'8ctee shall bear the entire cost and expet1se of cotlstnlCting,. reconstcucting. and maictaioing said structure UPOO'll said proper-ty .. Grantee, its agents and eillployees .. 5ubject to the prov1s1ons bereof, shall nave the p~ivile&e of e~try 00 said pr~perty for Ine purpose of constructing, reconstructing, maintaining at1d ma\ing necessary repairs to said st~ucture provided that: (a) Crantee shall sive ~ailroadts division superintendent at te$st five (5) days' vrittec notice prior to commencement of a~y work on said stl'u.cturE! except erner-genc.1 repairs in wtoicb event, Grantee shall notify ~ailroadfs authorized represectative by ph~ne; and (b) Grantee snaIl telephone il:ailr'oad at [-8.00-283-4237 {a 24-hour' ~umber-) to determioe if a telecQmmuoicatio.ns system is buried any",'here on or aoout the pr-emises defined or included hereirl.. If it is, Graotee \oIill telepnone t"he O<.7ner of the syste~ designated by-~ail~oad, arrange for a cable locator and ma~e arrangements for:· relocation or otner-protectiDc for the system prior to begirloing acy wor~ on tne said pre~ises .. - 2 - }~~~1-' :,::(~,:;t -- • , j I j - , . -,- o o Forll C-I GraDtee a&rees to ~eimbYrse ~ait~oad for the ~ost and eKpense to latlroad of fur~ishing e~y materials or ~rfor.ing any l.abor it:! c.onDec.tio,n with the cOl.'IstructioD .. reeoClstruc:tion. matctensn-c.e and removal of said structure. ineluding. but not limited to, the iostallation and removal of such falsevork and othe~ protectlon beneath cr along Railroad's tracts, and the furnlshing ~f such watchmen. flagmen and inspectors as Railroad ~eems Cleeessary. Grantee agrees to reimburse ~ailroad and/or tbe owner of tne telecommuQicati~n syste~ for all eKpenses which either may incur which expenses would CI~t have been i(lcur~ed except by the reaSOD of the use of said premises by Gractee, its agents, employees or invitees includiog relocation costs or any damages incur~ed by such O'oroel' d·ue to the inj\lry to the telecommunicatioD system. 7. In the event Railroad shell at any ti~e so require. Grantee .. at Grantee's exrense .. shall reconstruct .. alter. celoeate said s t~uctu['e o·r othel:'w~se improve said structure u'pon receipt of written DQtlce from Railroad so to d~. 8. Grantee shall, at its eKpense .. comply with all applicable laws~ re&ulatiocs! rules and o~ders regardless of ~heo they become or became effectlve, including, without Ii.itation , those: relating to l-iealth .. safety, n·oise. environmental protectioo, waste disposal. and water aod air qualitYI and furni sb sa tisfactory evidenee of such compliaoee ltpon request of Jtailroad. Should any discl1ar&e, Iea\.age, spillage, emission 0·[' pollutio~ of a~y type occur upon or arlse from tbe premises c-overed hereunder as a result of Granteers use .. presence .. operations or exercise of t"he rigbts granted :hereunder. Grantee shall, at its expense .. be obligated to clean all property affected thereby. whether owned or cootcolled by Railroad, o~ any third person .. to the satisfaction of Railroad (insofar as the property o'w"r.ed or co,ntrolled by Railroad is co.ncerned) aod any gove['omental body l'Iavir;g ju£"isdiction in tbe lIlatter. Railroad ~ay. at its optioo .. cleao ~ailroad's premises. if Railroad elects tc <JO so. Cral'ltee shall pay Railroad fhe cost of such cleanup promptly opec the :receipt of a bill therefor. Grantee agrees t.o investigate. release, indemnify and defend ~ailroad f[om and agaiost all liability, cost and expense (including. withoot li_itatioD, any fines. penalties .. judgments. litigation costs and attorney fees) incurred by Railroad as a result of Gractee's breach of this section. or as a result of any such dischar~e, lea1csge, spilla.s,e, elZlissio·c or pollution. ~egardless of wbether such liabllity, cost or eKpense arises during the time tbis indenture is io effect o~ thereafter, unless such liability. cost or eKpense is prOXimately ~aused solely and exclUSively br the active neglige['Jc~ of Railroad, its officers .. agents or emp oyees. • 3 • ·-L • .'-. . ~:,.. , , . ,~ /' . -- "',.;.0. I lr~·-:j " J ! i '!-1 i i ! - , • Fe rIB C-1 9. As part consideration. Grantee agrees to pay Railroad an a~ount equal to any and all essessments which ~ay be levied by order of any authorized lawful body against the property of _ R&ilroad (and which may have bee. paid by Railroad) to defray any part of the eost or expense incurred in connection witb the construction .of said structure IJpo·tI said property commenced within ODe (l) year from the date first herein written. 10. Grantee agrees to keep said property and said structure in g~ and safe eonditioo, free from waste, so far as affected by Cr.e.ntee·s operations. to. t'he satisfaction of Railrood .. If Grantee fails to keep said property and said structure in a gG¢d and sate cOD~ition, free from waste! then Railroad may perform the cecessary work at the e~peDse ot Grantee, which eKpense Grantee a.grees to pay to Railroad u'po-n demand .. 11. ~o work 00 Railroad's premises snaIl be commenced by any 4:<mtract.or fot' Grantee until such 'Cootl:::actor has en"tered iDto Railroad's standard Contractor's Right of Entry agreement c.oveEing sucb wri::~ 12. Grantee agrees to and shall indemnify and hold harmless Railroad, its officers, agents, and employees from and against any and all c.laims, demands, losses, damages, causes of action, suits, and li~bil[ties of every kind (iccluding reasonable attorneys fees, court costs, aod other expenses I:elated thereto) for injury to o'r death cf a person or for loss of or damage to 8PY property, arising <art of or tn connection witb any work done, aetion taken or perlilitted by Grantee .. its subcont~aetors .. ageots or employees under this indenture. It is the express intention of the parties hereto, both Grantee and 'Railroad that the indemnity p~ovided fo~ in this paragraph indemnifies Railroad for its owe negligence, wbetner that negligence is active or paSSive, or is the sole or a concurring cause of the injury .. death or dama&~; provided that said indemnity shall not protect Railroad from liability for d~8th, injury or damage arising solely out of the criminal actions of Railroad, its officers, agents and e~ployees. The ~ord -Railroad n as used in this section shall be construed to include .. in addition to Railroad, t'he successors .. assigns and affiliated companies of Railroad and any other railroad company that may be lawfully o'yerating upon and over tne tracKS crOSSing or adjacent to said structu~e, and thp officers and employees thereof. 13. Should Crsntee .. its successors or assigns, at any time abandon the use of said property, or any part thereof, or fail at allY time to use th.e same for tl-:e purpose contemplated herein for a continuous period of O'lle (1) year, the right 'hereby given sl"1a.ll eease to the eztent of the use so abandonpd or discontinued .. and 'Railroad s'hall at once ha\"-e the right, in ad-ditio-n to .. but Dot in qualificatioo of the ctgbts hereinabove reserved, to resume ezclusive possession of said pro~rty or the part thereof the use of vhich is so discontinued or abandoned. -4 - '_-"'-,0 _ • -~-'f ~. • i i I 1 • . , '. o \ , Upon teralnat[oD of the rights and privileges hereby ~ grsot.e-d, Grantee. at its own cost and expense, agrees to remove ~*": said structure f~om said property acd ~estore said property as nearly as praetleable to the .ame state aod conditlon In which it existed prior to tbe -;o·nstructio[l of said structure. Should Grantee in such ev~nt fail, neglect or ~efuse to remove said structure and restore said property. such removal and resto~ation may be performed by lallroad, at the expense of ~raDtee. vbicb e~pense Grantee agrees t~ pay to 1ailroad upon demand, or Railroad ~ay, at its optioo, assume ownership of said structure. 14. The parties intend that tbe promlses And obligations of thIs iodenture shall constitute covenants runnIng with the laed so as to bind and benefit thelr respective suece5S0rs and assigns. IN WITNESS WHEREOF, the parties bereto have caused these preseots to be eKecuted in duplicate tbe day and year first het'eio written .. SOUTHERN PACIFIC TRANSPORTATION COMPANY By /.t1-~ IT.tle' i~eroCM!racts Attest: CITY Of PALO ALTO 8y ____ ~~~---------------------• Mayor 8y ___ ~~~ ____________________ __ Clerk -s - _1111""-.-----c: --_..... - • , ." .-.,_. :: " , -