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OCTA MEMORANDUM OF UNDERSTANDING NO. C -5 -3295 <br />WHEREAS, the OCTA Board of Directors approved this MOU on the 13th day of July, <br />2015. <br />WHEREAS, the City Council approved this MOU on the 7th day of July, 2015. <br />SECTION 2 DEFINITIONS <br />The following terms shall have the following meanings: <br />"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 Expenditure <br />(YOE) - dollars and to be refined at the time of submittal of Project application to <br />Federal Transit Administration. Actual Project Costs include environmental re- <br />evaluation reviews and approvals, engineering design, right -of -way, utilities, rolling <br />stock, systems, track, stations, support facilities, site work, demolition, site <br />clearance /preparation, construction, construction design support, construction <br />management, professional services and contingencies. Actual Project Costs do not <br />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 costs <br />unnecessarily beyond the minimum standard established by OCTA. Betterments <br />must i) not be prohibited by a governing state or federal standard ii) not adversely <br />impact the operation of the Project and iii) not unreasonably delay or interfere with the <br />Project Schedule. <br />"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 Design <br />Consultant for the design of the Project or bythe Construction Contractor /Construction <br />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 />L: \Camm \CLERICAL \WORDPROC \AGREE \ag53295 SA OCTA MOU—Final 06.30.2015MOU.docx <br />