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OCTA MEMORANDUM OF UNDERSTANDING NO. C -5 -3295 5.2 Project Cost OCTA is responsible for all Project costs which in sum account for the Actual Project Cost. OCTA is not responsible for Betterment costs. OCTA is responsible for the operations and maintenance costs of the Streetcar System excluding the City's operating contribution as defined in Article 5.3.8. 5.3 Santa Ana Costs OCTA shall compensate or reimburse Santa Ana, as the case may be for work described in each of the following cost categories. The Parties agree that a Work Plan will be developed for each of these cost categories in the subsequent Design Agreement and Construction Agreement with the exception of Section 5.3.1 and 5.3.8. Section 5.3.1 defines an interim Work Plan and Section 5.3.8 will be developed in the Operations and Maintenance Agreement 5.3.1 Pre - Design Period Costs During the period between execution of this MOU and the execution of the Design Agreement, the City shall track the time and materials expended in providing Project support. The City will submit a monthly report to OCTA, within two weeks following the month reported, identifying the work performed and the time and material costs expended. The City and OCTA shall address the pre - design period cost reimbursement in the Design Agreement with the understanding that it is the parties' intent to fully reimburse the City for such costs to the extent permitted by law. 5.3.2 Administrative and Design Support OCTA agrees to compensate Santa Ana on a time and materials basis for Administrative and Design Support for the duration of the Project. Administrative and Design Support includes, but is not limited to, Santa Ana administrative staff and design review time spent participating in Project meetings, design reviews, public outreach efforts, and all other costs incurred related to the Project. Administrative and Design Support does not include time and materials related to construction inspection, materials testing, or other costs associated with construction inspection and /or monitoring, eminent domain proceedings support, environmental document updates, hazardous waste restitution, and /or operations and maintenance costs. 5.3.3 Right -of -Way Acquisition OCTA agrees to compensate Santa Ana for Santa Ana staff participation, if any, in site acquisition or eminent domain proceedings necessary to complete the Project. The Parties will include specific acquisition responsibilities, obligations and reimbursement processes in a subsequent agreement as more information becomes available. 6 25C -14