CONTRACT 4438 Professional Services Agreement CLOSED Agreement No. 4438
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN SERVICES
BETWEEN
THE CITY OF EL SEGUNDO AND
_NCM Engineering Corp_
This AGREEMENT is entered into this _1st_day of July 2013_, by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and
NCM Engineering Corp_, a California Corporation_("CONSULTANT").
1. CONSIDERATION..
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed _Six hundred twenty nine thousand seven hundred eighty and twenty six
cents_ dollars ($_629,780.26 ) for CONSULTANT's services. CITY may
modify this amount as set forth below. Unless otherwise specified by written
amendment to this Agreement, CITY will pay this sum as specified in the
attached Exhibit"A,"which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit`B," which is
incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen(15)days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
Agreement No. 4438
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
hourly rates for each personnel category and reimbursable costs(all as set forth in Exhibit"A")
the tasks performed,the percentage of the task completed during the billing period,the
cumulative percentage completed for each task,the total cost of that work during the preceding
billing month and a cumulative cash flow curve showing projected and actual expenditures
versus time to date.
5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for
current services are within the current budget and within an available,unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT services beyond the current fiscal year,this Agreement
will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY's city manager("Manager")may determine, at the Manager's sole
discretion,that CONSULTANT must perform additional work("Additional
Work")to complete the Scope of Work. If Additional Work is needed,the
Manager will give written authorization to CONSULTANT to perform such
Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the Manager with written notification that
contains a specific description of the proposed Additional Work,reasons for such
Additional Work, and a detailed proposal regarding cost.
C. Payments over$_25.000.00 for Additional Work must be approved by CITY's
city council. All Additional Work will be subject to all other terms and
provisions of this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has;.
i. Carefully investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
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Agreement No. 4438
with the conditions there existing, before commencing the services hereunder.
Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance of the services, CONSULTANT will
immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from _July 1, 2013 , to _September 30,
2014 Unless otherwise determined by written amendment between the parties, this
Agreement will terminate in the following instances:
A. Completion of the work specified in Exhibit"A";
B. Termination as stated in Section 16.
9. TIME FOR PERFORMANCE..
A. CONSULTANT will not perform any work under this Agreement until:
i, CONSULTANT furnishes proof of insurance as required under Section 23
of this Agreement;and
ii. CITY gives CONSULTANT a written notice to proceed,.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the contracted
services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours(48
hours), in writing, of the cause and the extent of the delay and how such delay interferes with the
Agreement's schedule. The Manager will extend the completion time,when appropriate, for the
completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities,the main
body of this Agreement takes precedence over the attached Exhibits;this Agreement supersedes
any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order
in which the Exhibits appear below:
A. Exhibit A: Scope of Work;
B. Exhibit B: Budget; and
C. Exhibit C: Proposal for Services.
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Agreement No. 4438
12. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual
consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
C. Upon receiving a termination notice,CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT" own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings,maps, reports and other materials prepared by CONSULTANT
will, at CITY's option, become CITY's property, and CONSULTANT will
receive just and equitable compensation for any work satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
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Agreement No. 4438
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's
property. CONSULTANT may retain copies of said documents and materials as desired, but
will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of
CONSULTANT's completed work product, for purposes other than identified in this Agreement,
or use of incomplete work product, is at CITY's own risk.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or
public CITY without CITY's prior written approval. All press releases, including graphic
display information to be published in newspapers or magazines, will be approved and
distributed solely by CITY,unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
A. CONSULTANT must save harmless,indemnify and defend CITY and all its
officers,employees and representatives from and against any and all suits,
actions,or claims,of any character whatever,brought for,or on account of,
any injuries or damages sustained by any person or property arising from,
pertaining to,or relating to the negligence,recklessness,or willful
misconduct of CONSULTANT or any of CONSULTANT's officers,agents,
employees, or representatives.
B. For purposes of this section"CITY"includes CITY's officers, officials,
employees, agents,representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions are intended to
be as broad and inclusive as is permitted by the law of the State of California and
will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 23, and any approval of
said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONSULTANT
pursuant to this Agreement, including,without limitation,to the provisions
concerning indemnification.
20.ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
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Agreement No. 4438
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONSULTANT will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONSULTANT is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free access at
all reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities.
CONSULTANT will retain such financial and program service records for at least three(3)years
after termination or final payment under this Agreement.
23. INSURANCE..
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum,with the limits
set forth below:
Type of Insurance Limits
Commercial general liability: $1,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury,personal
injury,and property damage for the policy coverage. Liability policies will be
endorsed to name CITY, its officials, and employees as "additional insureds"
under said insurance coverage and to state that such insurance will be deemed
"primary"such that any other insurance that may be carried by CITY will be
excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10
11 85 or 88, or equivalent. Such insurance will be on an"occurrence,"not a
"claims made,"basis and will not be cancelable or subject to reduction except
upon thirty(30)days prior written notice to CITY.
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Agreement No. 4438
C. Professional liability coverage will be on an"occurrence basis"if such coverage
is available, or on a"claims made"basis if not available. When coverage is
provided on a"claims made basis,"CONSULTANT will continue to renew the
insurance for a period of three(3)years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
that was in effect during the term of this Agreement, and will cover
CONSULTANT for all claims made by CITY arising out of any errors or
omissions of CONSULTANT, or its officers, employees or agents during the time
this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 01 06 92,including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement and such
other evidence of insurance or copies of policies as may be reasonably required
by CITY from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of"A:VIL"
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement,CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from payments
due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative description of
progress during the past month for each major task, a description of the work remaining and a
description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
If to CONSULTANT: If to CITY:
NCM Engineering Corp City of El Segundo
22362 Gilberto, Suite 125 350 Main Street
Rancho Santa Margarita, CA 92688 El Segundo, CA 90245
Attention: William Nascimento Attention: Ted Shove
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given at the time of
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actual delivery. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including,without limitation, CITY's conflict of interest regulations.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee,to solicit or
secure this Agreement. Further,CONSULTANT warrants that it has not paid nor has it agreed
to pay any company or person, other than CONSULTANT's bona fide employee,any fee,
commission,percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. Should CONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without liability.
29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or
CITY's obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There is_one_( 1)Attachments to this Agreement. This
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this
Agreement with legal counsel. Accordingly,this Agreement will be construed simply,as a whole,
and in accordance with its fair meaning;it will not be interpreted strictly for or against either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written amendment.
CITY's executive manager, or designee,may execute any such amendment on behalf of CITY.
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Agreement No. 4438
36. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, acts of terrorism,war, embargo, government action, civil or military authority,the
natural elements,or other similar causes beyond the Parties' reasonable control,then the
Agreement will immediately terminate without obligation of either party to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity
to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its
financial resources, surety and insurance experience, service experience, completion ability,
personnel, current workload, experience in dealing with private consultants, and experience in
dealing with public agencies all suggest that CONSULTANT is capable of performing the
proposed contract and has a demonstrated capacity to deal fairly and effectively with and to
satisfy a public CITY.
[Signatures on next page]
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Agreement No. 4438
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
rtIW e�rr�e J. Nascimento, PE, SE
leg rpen � __.. .__..anager ice President
ATTEST:
Taxpayer ID No. 46-1487149
Tray W e x er,
"ri "ier '"
APPROVED AS i 'F
MARK D. HENSL." Y A y
By:
Karl H. crger,Assistant ',Ity Attorney
of
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EXHIBIT A AND C Agreement No. 4438
Park Place Extension Project
Engineering&Design Services
SCOPE
The fallowing work plan discussion outlines our A proven project controls system
approach for project delivery with work steps for each A project-specific quality control plan
major task that must be undertaken to meet the City's ✓ Quality control reviews performed by
goals. experienced personnel
1.0 Project Management An effective project communications system
William Nascirnento,will serve as the Project Manager Project Controls System
of the NCM team to assist as an extension of City staff to Our project controls system is based an a preliminary
deliver this important project. His mission will be to meet work breakdown structure(WBS)that NCM will
and exceed the City's expectations for responsiveness, prepare.The WBS will be used to prepare the final
schedule,duality and efficiency. William will schedule and staffing requirements,After receiving the
communicate with the City on a regular basis to keep the City's concurrence an the appropriateness and scope of
team up to speed with the delivery schedule and changing the WBS,we will prepare a staffing plan for the overall
project needs.Along with monitoring and assuring the
effort,This will become the work plan.
performance of the NCM team,key elements of
managing the project will be;maintaining and monitoring The work plan is the yardstick by which progress will be
the schedule;tracking the budget;staffing forecasts:and monitored and reported to the City with monthly progress
progress reporting, reports. It will be the basis of the project control system
and the tool used by the NCM project manager to oversee
The success of NCivl's management plan for this project and lead all project activities.
and plan will be updated as
begins with the personal commitment of our project new information becomes available. In NCM's
manager t®produce a complete and high.quality project experience,maintaining a detailed but flexible.yank plan
on time and within budget. He will be the single point of is a proactive approach to successfully accomplishing the
contact with the City for the duration of the project. r ec
p a t-j '
To support the project manager in this endeavor,NCM Project-Specific Quality Control Plan
has assembled a team of experts who have been selected The first step in any quality control plant is assigning a
based on their-skills and understanding of railroad grado strong project manager and lead engineers to work
separation projects,railroad design and associated civil together to provide quality engineering services.,after
I+tCM's management plan emphasizes the receiving notice to proceed,NCM will produce a project-
speciftc quality control plan for review.Ivey components
following; of the plan include report and plan preparation guidelines
✓A single point of contact for project and checklists for each major discipline necessary to
directives and deliverables complete this project.In addition to incorporation of the
+�Clearly stated project goals and appropriate checklists,there are four other key
objectives components that NCiM will incorporate into the plan,as
Y"A well-defined communications system described below.
1. El ng,i reeriog Discipline Review: Prior to for nal
✓ Project delivery on schedule and within submittals, g reports a_the design and all re ort re
budget reviewed by the discipline managers.
Y" Peer review and total quality management 2: Cooi clina tivrr Review. The project manager and
on all assignments discipline lead engineers review design and
infrastructure tic-monts, These professionals w reports fnr coorrlirtati9n;accatrae; compliance
p ill perform with the project design criteria and atamlards,
and coordinate the work to ensure the successful delivery and defirtido_n of work,
ofas$%nodtasks, 3, Constructabilit-v eview: l~ollowingreviewby
Our cools to.manage the preliminary and conceptual the lead engl_rtcvrs,our QA/C C learn coordinates
design tasks inLlU60 the foligwing: a ecnstructability review to verify keria
Agreement No. 4438
Park Place Extension Project PM
Engineering&Design.Services
compliance,evaluate the plans and resolve City approval.
potential constraactability issues_
,Tasi'►IaQ heiivflrrtbles;
4. Qrr.ahlj AsstrrartcelQtr;alit C'owrol RevicF%: V Project Quality Control Plan
Our QA/QC team conducts reviews of the work
in progress,These are independent reviews led ✓ Project Work Man
by the QA/QC team,with the involvement and ✓ Project Schedule(updated monthly)
management review of our prk�ject manager. ✓ Meeting Minutes
Project Communications ✓ Monthly Progress Deports and Invoiccs
Communications are the keystone of all successful
Projects.NCMl's project manager is dedicated to ensuring PHASL DESIGN A`ATE tNAT YES & COST
effective communication through proactive project ESTEVIATE PHASE
_ASE
coordination and design issue resolution,working with
the City and coordinating with.stakeholders. We 1,1 Co pails tvicw xisting
recognize that a consultant is retained for two primary oeta .eats/ n 'o+Site Visit
ne asonss to provide technical expertise,and to get the job The NCMI team will compile and review all existing
done with minimal supervision.Our project manager will documents,reports,studies;propesed acid"as-built„
establish clear lines of communication with the City and plans,mapping and other information associated with
other stakeholders,employing the strategies and tools existing facilities and utilities that could have an effect on
depicted below.Our communications plan includes the planned improvements associatcd with the Park place
following trey elements. Extension project. We anticipate that_relevant
✓ implementing efficient cdectronic information obtained frotra the City, utility companies,
communications(email, FT.P site) the railroads and other involved agencies and
✓
Attending and chairing team meetings stakeholders may include the-following,
✓ Attending mid chairing impromptu meetings to ✓ Survey and topography data(As noted in the
resolve pressing project issues project RFP,the City will provide ALTA
✓ Maintaining the schedule mapping and topographic surveys)
✓ Reporting progress on a monthly basis ✓ Right of Way data and utility as-built plans
Existing and Future Traffic Data
yleetings `�C Project I)e•°Qlopn�ent"I'c.iaaa (PDT) ✓ l'rcvi�iva hydrologic studies Fc�r fife project area
Our Project Manager will worm with the Cite to identify
the makeup of the Project Devefapment Team;to ✓ Environmental dataa//lssues,etc, from the
schedule a Kick-ofj`feeling within one week of noticc to 5 pativ�dalRase r na Slt�R _��tal g artsl.i<'lcr �?.El
proceed from the City and to facilitate seven(7)PDT Segundo Development ELR
meetings over the duration of the prvicct.For ctticiency, ✓ City Manning Documents
it is anticipated that meetings will be set up to discuss ✓ UP R, BNSF and MITA track plans
specific project components and/or Issues and various ✓ Clq� standard plan sheet border
NCMl team matcm6ers will attend the meetings on an as
needed basis,depending on planned meeting topics. All In revieivlrtg fife available data,some of the key project
key team members will be asked to attend the kick-off issues and elements the INCMl team will Consider with
amecting,and they will be notified well in advance of the respect to the project area include-
tune anct location of all subsequent project te-vin ✓ C o mpletenes5 a_nd applicability of the City.
meetings:To meet the City's planned project timeline, A1;TA mapping and topographic surveys—this
the t`IC.Mf team will be flexible with regard to meeting 1Y a li4Y icstor u.Y It IV the first Iet.r°®t till the
vonue and recortt_r_mcncds utilizing web-based meeting crltivol poll
s ft vare to conduct last:r-.rntnute meetings tl3at traay arise ✓ Utility locatiuna and points of connevion
over the course of the protect,!Us will allow a meeting 444a cent to the plan_n4d grade separation,
tole called on a m orntnt's notice and ha;id on the Snore panicularly the tl°t_rec known eruoo oil pipelines
dray Nvithmat jeopardizing the ability of the attendees to ✓ Layout.of existing aid planned developments
see and understand the meeting.contemat.Mintim will be acid amm—lated cdnstralrts.Barad opporhinW15. tor
5ubrnitte4 to the City for_review.1vlthl.t ono week alter layout of ft propo&W project to provide acsesa
mh meeting 444 �Yild be dlstriboted l;o the f'il`l`after points
Agreement No. 4438
Park Place Extensions Project FM
Engineering&Design Services
Construction phasing of the project,including and control point information for the design team's rase,
layout and construction of the new bridge and
retaining wall structures and temporary railroad Topographic rtie�
shoofly Utilizing the aerial topography and DTM prepared in the
✓ Construction staging techniques that can be used Aerial Topographic Survey,we will initiate supplemental
to avoid impacts to railroad operations field surveying.The initial project is conceptual design
and cost estimating,not final design. The limits and
Layout ofrailroat�]spur relocation that maintains ex of sarpplerttentad surveying will be consistent
adequate clearance to the M'TA structure
columns,meets BNSF and UPRR standards and with the project creeds identifying only key items such as
minimizes impacts on existing and planned tie-in locations at both plash and Parts,utility locations
development,and sensitive habitat including depths of gravity lines,existing rail alignments
Protection of any sensitive species or habitat and other property features, The is UVI team will
assemble field survey points(coordinates and elevation
After available document-,have been reviewed,the NCIV1 data),an updated DTM to include supplemental field
project manager-will facilitate a PDT meeting to discuss topographic survey information,field notes,and an
the key issues,challenges and constraints identified,This updated project base mapping for the design team's use
meeting will take place in the field to allow project team in preparing the con"ptual layouts and cost estimates.
members to review the site and compare information
obtained from studies and reports with actual site Rdglat�ol=lyay anal Field Control Survey
conditions and to identify and/or confirm physical The lCll team will review recorded control traps,
constraints and potential issues that could impact design available ALTA Surveys,right-of-way traps,records of
layout or construction. survey,corner records,and other official reaps of records
obtained during data research and collection, Using
Task 1.1 Deliverables: record information,we will add record right-of-way lines
✓ Existing Document Study and Site review and property lines located within the project limits in
Summary Memorandum/Minutes accordance with record amps,record deeds,and
documents, flue to the conceptual nature of this project,
only record information will be used to establish
LIA (OPTIONAL T A ci opogratp ie Sutwey properties. Resolution ofriglit-of way and properties in
Base Mapping additions to gathering title reports will not be gathered,
The NCM team understands the City has topographic These tasks will be perforated its subsequent stages of the
survey and ALTA Survey information available for the project,
tearn to use for base mapping, While reviewing this Task 1,.1A Deliverables;
information as part of task 1.1, we may identify
additional project survey acrd mapping creeds. To provide V Colter t�rthorectlf ed Aerial Image
a basis for survey and mapping needs,an outline h&s ✓ Project Base Map with height of Way(from
been developed with the iterns below to illustrate record of survey)and Topographic Mapping,
surveying and mapping tasks that would be conducted if and DTM with 1-fi Contour Intervals in hard
no information were available to the teas n,The NCM copy and electronic format
team will modify this complete scope to pare it back to
needed items aver review of the information provided by t•? Preliminary__ fe®te4ltic,..l Report
the pity. We will review available,previously published and
unp"blished geotechoical,geological,and
Avrisal Topog.ratpbic Ssarvey hydrogeological data for the pr=oject vicinity, Our review
The NCM team will provide a Mohr orthorectll:led aerial will.focus on seismicity,ground rupture including
image and aerial survey which will`over the project Alquist-Priolo zones,ground motion, liquefaction
JIM its al will be YatiliZed in tdre develc�pmetat,planning potential,ssrhstnrtact1 oondition5,and ground war
and design of the proposed project, A sub-consulisattt levels that may bane potential impact on the proposer.
w111 prepare the aerial topographic.survey, with one foot project lterntattives, She 8011 also perrorm a site
topographic rnapping, plait}r_ryet_ry, DTM,and the color re�n�?aiaisan�ce>
orthorecti€ied aerial imagery, We wi11 set ground control
in.accordance with ae_rlatl .flight p1a_r.end will pruviade 'T1,e data_reviewed will be cotrtpiled and surntr?arlzcd in
coordinator and elevations on grou ld control:for aerial tables arad flgtlre5 and fns/ d In a report, The report
orienlatl��n,aerlsti toptagraphlc trap,aerial photo, bT;�t,
;v11i 5-um?ngrize the re-8,10n4i geralogiclseisMaw setting,
Agreement No. 4438
Park Place Extension Project bm
Engineering&Design Services
regional physiography of the area and the topography of ✓ Horizontal and vertical curves to obtain adequate
the site,the geologic materials within the site, design speed and sight distance for a safe
groundwater conditions,potential corridor
geologicallgeotechnical impacts and how they can be 1,3.2 Grade.Sep7ratiou Crossing Study
avoided,and.relative merits of the alternatives. The grade separation Grossing study will use the refined
Task L2 Deliverables., aligriments developed as part of Task 1.11 to analyze the
✓ Preliminary Geotechnical Report — Draft and degree to which each ineets the City's project goals and
Final satisfies roadway kind railroad standards.Some of the key
1,3 Alternatives AnnI I Ann NISIS
features that will be studied include:
The NCM team has based its level of effort on V Corridor design speed
development of three(3)alternatives. ✓ Safety with respect to site distances and
pedestrian and bicycle assess
I. Underpass configuration with Park Place passing ,�' C�r_rstrtiGtahilit�v and potential for impact to
below the railroad(no relocation of tracks) railroad operations
2. Underpass alternative with BNSF relocated ✓ Impacts to access points on the,grade separation
alongside UPRR(or vice versa,depending on RR approaches
willingness to relocate) limitations on access points between the
1 Overhead configuration with Park Place passing railroad and S.Nash Street for future
over the railroad developments
Based on a preliminary site investigation,Alternatives 1 ✓ limitations on future railroad expansion
and/or 2 appear to be the superior options based on 1.3.3 Railroad Ali u nmeut/Shoofly Studies
existing grades and required access points adjacent to the It is our understanding that the project proposes to
grade separation that would be adversely impacted by minimize cost by relocating both railroad facilities to a
construction of an overhead crossing. Impacts from single corridor that can be crossed by one grade
construction of an overhead alternative would include separations.An option to relocate the BNSF rail yard to
visual,access, right of way,etc,as outlined in the Project new right of way adjacent to the UPRR.or UPRR
Understanding section of our proposal. We propose, adjacent to BNSF will be evaluated based on each
however, to develop an overhead alternative as part of railroad's willingness to relocate,The NCM team will
Phase I work for completeness to justify the City's analyze various options for the relocated alignment as
selection of a locally preferred alternative.The following well as options for tying in at the conform points, A
studies will be performed and results will be documented determination of each railroad's track storage
in individual memorandums for use in assembling an requirements will be investigated and a preliminary
Alternatives Analysis Deport as described In Task 1,6 Iayout will be drafed.
1.3.1 Alignment,analysis Because rail.services n"kis to continue uninterr upted
The NCM teartt will develop and_refine alignments fer during construction,shoofly tracks will be studied for the
the proposed alternatives. Some key project features and UPRR or BNSF track that would be impacted. We will
constraints that will be ataalyzed with respect to study construction staging alternatives that avoid impacts
alignments will include: to railroad operatiorns and minimi o project cost,
✓ Required Improveme-W at tie-ins and right of 1,3.4 Preliminary Draia nge Assessmeixt
way takes to niairxe contrucon cost The NCM Team hill review the avallsbie drainage
✓ Tie-in at S,Nosh Strut to rninirnlze impacts to reports for the prvpertiO adiAcefit to the project to
the Avg tight Beach Cities Cinetna,s,parking understand constraints relating to connretion points for
located behind the theater the prcjvsi drainage system,,This will help our team
✓ .access points along Park glace,such as plaza El urtrde-tand the existing drainage pat rmr find bow they
Segundo and other businesm on the west will be lrnpa ted by the studied aitenri-a ivies,The
approach to the grads.Sep€�ration to ensure that Coragtraltlu:.tsar#fie project draitasge systems will need tip
access is maintained conform to the in:fi�rrrta3lon in Vim EIR.tor the
Sepulveda/Rosecrmrts 54 84--400-1116 find plaza Ei
Segundo Dovelopmat(i llt),
Agreement No. 4438
Park Place Extension Project
FM
Engineering&Design Services
Currently the drainage within the project limits drains to on-site detention and cost impacts to the project storm
three law-lying areas where runoff is stored for drain system. The roadway system will provide logical
percolation and evaporation.The proposed grade points of connection for fixture developments along the
separation will likely rain through these low-lying areas roadway,
and will modify the existing drainage patterns.The Stormwater treatment will be assessed with regard to the
roadway footprint will reduce the area available for two preferred treatment options that include percolation
percolation. two
groundwvater and landscaped based treatment.
Each alternative generated will be analyzed for impacts Task_1.3.4.DeHYerahks
to the existing drainage pattern connection points for
downstrearn conveyance. During this analysis, ✓ Draft Drainage/Storrrawater Report
consideration offiiture development on either side of the 1.3,5 Pr0mia ary Utility Relocation Analysis
new roadway will be incorporated. These considerations Existing utility locations will be plotted and referenced
include on-site retsainage;detainage,and logical points of against each alternative in order to identify potential
connection to the new storm drain system in the new conflicts,A Utility Matrix will be prepared showing_ the
roadway. There are many possible options for-drainage status of each facility within the project limit-&The
including; matrix will also contain information as to how each
✓ Option 1° Construct drainage facilities as facility is affected by the various alternatives,
proposed in Appendix H of the E1R.This would
include pump stations sized to pump detained Tack L3,5 Defaverahles.,
flows associated with the full project build-out to ✓ Preliminary utility Brio Map
the existing off-site drainage system, It is
possible that installation of portions of the pump ✓ Preliminary utility Conflict Exhibits a Three
station could be delayed because interim flows Alternatives
are reduced due to the existing high percentage 1.3.6 Prelitninaai, Right of Way Requirements
of pervious surface area.The pump station Improvements will be overlaid on existing parcel
structure and wet well would be sized for mapping to identify right of way and easernent needs. We
ultimate conditions,but the installed pump and will prepare a preliminary Right-of-Way Requirements
pump controls would be limited to the number
matrix for flows associated with the proposed atrix identifying potentially ai�ected owners of parcels
for the various alternatives generated,The snap and
roadway. associated matrix will show where berth temporary and
✓ p �'
[option 2; Isolate the roadway from undisturbed permanent acquisition activities would be necessary.The
portions of the site.The undisturbed portions of preparation of the plats exhibits and legal descriptions
the site can continue to be utilized for will be performed in future phases of design and are rant
storm-water retention and percolation,The part of this scope,
portions of the roadway that can be gravity
drained to storm water retention and percolation Task i= . psliverabl sa
areas will continue to do so whereas the lower ✓ Preliminary Right of Way Requirements
roadway areas will drain to a new pump station Exhibits—Two.Alternatives
located at the grade separation. Flows to the low 1.3.7 Preliminary En-vironmental Study (PES)
point o_€the grade separation would be pumped This task includes preparation of the Drall PES form for
to the ora-site retention and pcmolatlon areas, a suite of alternatives.The PES form will be based on
The concept requires installation of berms to inforrn.atigra gathered during site-visits,datai fi>�rta records
separate the low-lying roadway from the searches,irifArtrtativri.frorra the ertvironrttental constraints
rctcrttlora and percolation area , T#tls option analysis,and information from tee#tnical.rtaertto:rar,dFlar�s
would be temporary until the ultimate storm and studies prepared for the grade separtttirrrt praajctit3 The
drain system in constra mod per Appendix H ref pES will kisist in scopiitg the level of onulronrnertal
the EIR, docurntntiation_n..esdsd for the project and,..i broadly
AR fi+_tore dcvelopzn nt occurs,per.alatiorl pc+terttiai1 8y li assess all alternatives being evaluate4 iti Phase l of the
bt reduced and flows must be die-ced toward the contrail;The PES will be prepared per the reltrirements
tiltlmate drairtagc facillties; [.rt the drainage tmillysis, the ofChopter 6 of ft Caltrans Local Asslstanec Prracedtares
properties adjac crlt to the roadway will be svalvated:tor Manual(LA Phil)artd'he Caltrant 8ta:tlrlard
Agreement No. 4438
In
ME Park Place Extension Project PM
Engineering&Design Services
Environmental Reference(SER)web site.The completed ✓ Existing Rail Operations and impacts to Rail
PES form will include both the PES Checklist(Parts A Operations during construction
and B)and responses to the checklist questions to support ✓ Potential impacts to Rail served customers
the conclusions in the PES, ✓ Temporary and permanent horizontal and
Task 1.3.7Deliveraables; vertical clearances proposed from the existing
✓ Draft PES Form tracks
1,3,8 Hazardous N atcrials Assessment ✓ Bridge overhead clearance
The intent of the preliminary hazardous waste Changes in drainage
environmental assessment is to identify hazards that may ✓ Protection or potential relocation of utilities
impact construction of the proposed project and influence within railroad right of way under railroad
the selection of the preferred alternative. A screening- license agreements
level environmental initial site assessment(ISA)will be ✓ Fundamental construction sequencing
performed. We will conduct a review of available ✓ Maintenance Access
existing local-,state-,and federal-maintaincd databases
of hazardous materials sites and underground storage ✓ Obtaining pertinent information from the
tank records to check for historical evidence of railroad to develop design documents
contamination. Readily available historical aerial ✓ Project schedule
photographs will be reviewed to help identify prior land Task 1,4 Deliverables;
uses, and a brief field windshield survey will be / Meeting Minutes
performed to help assess current conditions. This
assessment is not intended to characterize all possible 13 Cost Estimates
contamination within the project right-of-way(ROW) The NCM team will prepare a planning level project cost
and does not include preparation of the Phase 1 ISA estimate for three study alternatives.The cost estimates
report in accordance with ASTM standard 1;1527. The will include all facets to fully deliver the project,such as,
results of the preliminary assessment will be summarized administration,design development and engineering,
in a inemorandurn andior Caltrans-style ISA checklist right of way,utility relocation. track relocation and
and will include a listing oFpriority properties that temporary shoofly construction,environmental
present the greatest apparent current or historical risk. _mitigation,construction engineering and administration
Task 1,3,Il Deliverables, and construction.Construction costs will be based on unit
prices consistent with projects in the Los Angeles area of✓ Draft 1lAiY1AT Initial Site Assessment Report similar size and type recently corraple#ed.All costs will
1.4 PrelitninaiTy Railroad Coordination be escalated to the appropriate year of araticipatted
Coordination with the Union Pacific Railroad(UPRR) completion for the component in question and
and BNSF Railway Company(BNSI~)is ara important construction will be escalated to the year consistent with
component to the.success of this project.Although#tae construction half completed.
ItiCM team will incorporate California Public Utilities Task.1,5 Deliverables;
Commission(CPUC)requirements into the preliminary -
design,c�oordina%ion with&,c CPUC will not begin until ✓ Cost Estimates-for 2 Alternatives
the project is in the final design stage.The CPUC 1,6 Alternatives Analysis Report
Application for an Order to Construct cannot be A report will be developed to document the Pham i
submitted until ufter an environmental document has studies,The report will describe the alternatives studied
been certified and the project design is at a stage where and will contain a surnma_ry of the prelirninury design
the project is will defined,typically 65%design a ive r
complete.Out team will utilize Larry Long of Wilson eostfbenetit analysis summary for the three alternatives
and Cowpony to lead gur railroad coordination artd with respect to functionality and cast and an engineering
design',of a ts. Larry has ax ensive experience if)this recd-m-raendation ror thr alternative that hest r Bets the
role and will utilize his experi ence and contacts with thgo project goals and roquirernow.
railroads to leeep aw project moving forward,The_key
.Tooft l,tS p lverrtbles;
item to covrdina iv vvith the railroads during the ✓ Altsra ativ s Analysis Report
prellminary roadway and ra(road design portion of the
project will be:
Agreement No. 4438
Park Place Extension Project PM
Engineering&Design Services
modification(Park PlacelPlaza El Segundo entrance)and
street lighting at the proposed underpass and along the
PHASE 2. PREFERRED ALTERNATIVE Park Place Extension.Conceptual signal and street
lighting plans will be prepared at scales of 1"=20'and
CONCEPTUAL"�_l1 ESC=iti ASE 1"=4U' respectively.The signal plans will show basic
signal layouts.modifications to existing loop detectors,
After completion of Phase l and approval.of the locally
preferred alternative by the City,the NCM team will and basic equipment and phasing information.Street
lighting plans will strove lighting layouts and basic
begin work to rune the locally preferred alternative and information on lighting standards to be used.
develop conceptual design. This phase is anticipated to
include drainage and stormwater studies, continued 2,33 Rail Plans
railroad coordination,development of conceptual plans Rail plans will be developed to show the conceptual
for roadway,drainage,structure and railroad elements, design for relocation of the BNSF track--,and yard and
documentation of potential environmental impacts and will be produced at a scale of l"=5n'.The plans will
updated project delivery costs. show layout and profile and will be developed in
accordance with UPRR,BNSF and AltEMA standards
2.1 Updated rainaige/Stormti��ater apart and guidelines, In addition,acons#ruction sequencing
During Please 2,the Drainage/Stormwater Report will be plan will be developed for rail elements and will be cy
updated to reflect comments made by the City and others coordinated and consistent with the cons#r�iction staging
on the Draft.report and refinements in the locally plan developed for construction of the underpass grade
preferred alternative. separation preferred alternative discussed below in task
Task 2.1 Deliverables. 2.3.7,
,, Final Drainage/Stormwater Report 2.3.4 Grading flans
2.2 Railroad Coordination Preliminary grading plans will be developed at a scale of
The NCNI team will perform ongoing railroad 1"=SA' and will show contour intervals along with spot
coordination to keep the 1jPRR and BNSF up to date elevations if Necessary,
with regard to project scope and schedule and to ensure 2.3,; Preliminary Drainage Plans
that conceptual design for the locally preferred Drainage plans will be produced at a scale of 1" 5d' and
alternative meets their requirements, It is anticipated that will show basic layout inforination,including stormdrain
one meeting will be held with each of the railroads to inlet locations,tie-in points to existing systems and
present the refired locally preferred alternative proposed locations for pump station and retention/
conceptual design and to solicit input on their preferences .detention facilities,
and requirements. 2.3,6 i�tilit- Relocation Plans
Task 2.2.Pellverables. Utility location/relocation plans will be prepared at a
Nlecting Minutes scale of 1"=50' and wdll show locations of existing
2.3 Preferred Alternative cyclopnient facilities, conflicts with the proposed locally preferred
alternative and proposed relocation corridors.All utilities
The NMI team will refine the goometrics and design will be identified with prellrninary ddsposition,
elements For the locally preferred alternative and will
develop concepts+al design plans_for the following project 2.3,7 Structure Plans
elements, Preliminary bridge engineering will include conceptual
design and layout of a bridge type approved by the
2.3.1 Ro.ish��3ty Plans 1;JPRR and l�lt*lSf'.This scope of work and our fee
Roadway plans will be prepared at a scale.of 1" 3�' assumo that the rallroads will agree to a combined bridge
showing the roadway layout and profile and will include to s61rry the tracks for both rall_rvxulfi. 1'lae bridge+x;111 be
striping to rdellne lunes,5hould'cm,etc., l:f tadditional detail
laid out in eonform—ATWe with clearance requirerNenss
15 neeessary to define the conceptual design,ctirtceptual outlined In the bt Sl Railway Union Pac fic Railroad
sonstrt�ctft�n details will be prepared at a scale 4�f 1"=2t1', fi ±ldellnes for Railrt?ad fora;le Sspratio,�f'roj+�`ts,the
A.3,2 TrON SignaI3 A bighting glans most recent ARENA Nlanval and ULK SuWellne5.
0-oncep-wai traffic Agnal and street fighting plans will be N NI will prepare a prel rnins�rry bridge Clerlcral Plan
prepared based on two n v si rtali ed intQrSect ores(Park (OP)., Fo nda#ion PlAn f P)Arid conceptual construction
Place/A_llied tiYa-y and Park:Place/S, Nash St),a 5iepal t
Agreement No. 4438
EM Park Place Extension Project
Engineering&Design Services
staging plan as part of this study.The GP will show The NCM Team will update and finalize the cost
sufficient detail for the railroads to verify that their estimate prepared in Phase 1 for the locally preferred
standards for layout and clearances are satisfied.The GP alternative.Unit prices and quantities will be updated,as
will show a bridge Plan,Elevation and Typical Section. necessary,to reflect conditions at the time of preparation.
Details will show controlling bridge dimensions,such as The final cost estimate will include:
length,span lengths,deck width,track and shoofly
locations and maintenance walkway type and ✓ Roadway construction cost estimate
configuration. In addition,superstructure and ✓ Signals and lighting costs
substructure types will be clearly identified and retaining ✓ Drainage facilities: inlets/piping,pump station
walls will be shown with proposed types identified. All and detention/retention excavation
known utilities will also be identified on the Typical
✓ Railroad cost:track and yard relocation and
Section.
shoofly
The FP will show the layout of proposed bridge Structures,including railroad bridge,retaining
foundations,retaining walls and shoofly track,in addition walls and construction shoring
to all known utilities.
✓ Utility relocation and Right of Way acquisition
The conceptual construction staging plan will outline the costs
main steps in constructing the underpass structures to ✓ Environmental mitigation costs
demonstrate that no impacts will be made to railroad
operations. Location of the proposed shoofly and shoring 2.6 Conceptual Design Report
needs will be identified. A conceptual design report will be prepared to document
2.3.5 Updated Right or Way Requirements the conceptual design studies carried out for Phase 2 of
Right of Way requirements mapping will be updated to the project to provide a basis of design for the
reflect any refinements made to the locally preferred environmental document phase.The report will outline
alternative during Phase 2. the following elements:
2.3.9 Initial Site Assessment
✓ Project background,scope and purpose and need
The draft initial site assessment completed during Phase ✓ Estimated project cost
1 will be updated to reflect comments made by the City ✓ Summary sections for environmental
and other reviewers and any refinements made to the documentation requirements and permitting,
locally preferred alternative during Phase 2. hazardous materials,and right of way needs,
Tusk 2.3 Deliverables: including utility.relocations
✓ Conceptual Design Plans ✓ Bicycle and pedestrian safety and requirements
✓ Project schedule for environmental
✓ Updated Right of Way Requirements documentation, final design and construction
✓ Final HAZMAT Initial Site Assessment ✓ Attachments—PES form, HAZMAT Initial Site
2.4 Prell i a ry Environmental Impact Review Assessment,Preliminary Geotechnical Report,
We will prepare a Draft final PES based on comments project vicinity and location maps, conceptual
from the City and Caltrans and any revisions necessary design plans,right of way requirements,and
due to refinements of the locally preferred alternative project cost estimate
during Phase 2.The Draft Final PES will be submitted to
the City and Caltrans for review. Following City and
Caltrans review,we will revise the PES per comments
received and submit the PES to Caltrans for signature and
approval.The approved PES will be distributed to the
City and Caltrans.
'ask 2.4 Deliverables:
✓ Drag Final and Final PES
2.5 Cost Estimates
EXHIBIT B Agreement No. 4438
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