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Cooperative Agreement for Engineering Design and Environmental Compliance Phase of the Laurel Street Grade <br />Separation Project in Colton, California <br />"Engineering Firm" means the firm or firms retained by SANBAG to complete their <br />respective portions of the Engineering Design. <br />"Environmental Compliance" means completion of the applicable environmental technical <br />reports and Environmental Documents and acquisition of Environmental Permits. <br />"Environmental Documents" means any and all documentation, including, but not limited to, <br />notices, responses to comments, findings and resolutions, required to demonstrate compliance with <br />the California Environmental Quality Act ("CEQA") or, to the extent applicable, other <br />environmental laws, such as, but not limited to, the National Environmental Policy Act, or otherwise <br />required to complete the Environmental Compliance for the Project. <br />"Environmental Firm" means the firm or firms retained by SANBAG to complete the <br />Environmental Compliance for the Project. <br />"Environmental Permits" means permits required by applicable environmental laws or <br />policies prior to approval of the Environmental Documents of construction such as, but not limited <br />to, the Clean Water Act, the Federal Endangered Species Act, the California Endangered Species <br />Act, and California Department of Fish and Game Code. <br />"Estimated Design Cost" shall have the meaning given in Section 2(a) (i) below. <br />"Project" means constructing a new grade separation (undercrossing) structure between <br />the BNSF rail line and Laurel Street as depicted on Exhibit "A" attached hereto. Components <br />associated with the Project include, but are not limited to, designing of the structure, real estate <br />acquisition and relinquishment, site preparation, environmental review, obtaining any permits or <br />other approvals, constructing temporary shoofly tracks, roadbed and track, signal systems, access <br />roads, storm water drainage remediation, and other ancillary facilities. <br />"Project Management" means SANBAG resources to manage the <br />Engineering/Environmental Phase of the Project. <br />2. Engineering Desi n. <br />(a) Selection and Cost. <br />(i) Estimated Design and Civil Design Review Cost. The Parties acknowledge that <br />the estimated total cost for achieving completion of the Engineering Design and <br />Environmental Compliance, including Project Management, of the <br />Engineering/Environmental Compliance Phase of the Project, is Four Million One <br />Hundred Thousand Dollars ($4,100,000.00) ("Estimated Design Cost"). This <br />amount is an estimate for planning purposes only and shall not serve as a cap on <br />the actual costs that may be incurred in relation to Engineering Design or <br />Environmental Compliance. Engineering Design shall be performed by the <br />Parties as described below in this Section 2: <br />(A) SANBAG shall take the lead in developing Engineering Design of the Project <br />and shall be responsible for designing the roadway and structures portion of <br />C11084 3 of 10 <br />23152.06163\5582260.3 <br />