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OCTA MEMORANDUM OF UNDERSTANDING NO. C -5 -3295 <br />WHEREAS, the OCTA Board of Directors approved this MOU on _ day of <br />2015. <br />WHEREAS, the City Council approved this MOU on day of , 2015. <br />SECTION 2 DEFINITIONS <br />The following terms shall have the following meanings: <br />1. "Actual Project Cost' means the actual amount of funds expended to design and <br />construct the Project. Estimated at approximately $250 million in Year of <br />Expenditure (YOE)- dollars and to be refined at the time of submittal of Project <br />application to Federal Transit Administration. Actual Project Costs include <br />environmental re- evaluation reviews and approvals, engineering design, right -of- <br />way, utilities, rolling stock, systems, track, stations, support facilities, site work, <br />demolition, site clearance /preparation, construction, construction design support, <br />construction management, professional services and contingencies. Actual Project <br />Costs do not include betterments. <br />2. "Betterment' means any work that is requested by Santa Ana or a third party that is <br />not required to implement the Project as defined in this MOU, increases Project <br />costs unnecessarily beyond the minimum standard established by OCTA. <br />Betterments must i) not be prohibited by a governing state or federal standard ii) not <br />adversely impact the operation of the Project and iii) not unreasonably delay or <br />interfere with the Project Schedule. <br />3. "Construction Agreement' means the cooperative agreements between the Parties <br />established to define the roles responsibilities and expectations during the <br />construction, start up and testing of the Project. <br />4. "Construction Contractor and Construction Manager Contractor" means the firm(s) <br />procured by OCTA to construct the project and the firm(s) to provide construction <br />management services. <br />5. "Construction Documents" means all work products submitted to OCTA by the <br />Design Consultant for the design of the Project or by the Construction <br />Contractor /Construction Manager for the construction of the Project. <br />6. "Design Agreement' means the cooperative agreements between the Parties <br />established to define the roles responsibilities and expectations during the design of <br />the Project. <br />7. "Design Consultant' means the firm(s) procured by OCTA to perform preliminary <br />and /or final design services. <br />2 25C -10 <br />