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OCTA MEMORANDUM OF UNDERSTANDING NOS C -5 -3295 <br />5,2 Project Cost <br />OCTA is responsible for all Project costs which in sum account for the Actual Project Cost. <br />OCTA is not responsible for Betterment costs. <br />OCTA is responsible for the operations and maintenance costs of the Streetcar System <br />excluding the City's operating contribution as defined in Article 5.3.8. <br />5.3 Santa Ana Costs <br />OCTA shall compensate or reimburse Santa Ana, as the case may be for work described <br />in each of the following cost categories. The Parties agree that a Work Plan will be <br />developed for each of these cost categories in the subsequent Design Agreement and <br />Construction Agreement with the exception of Section 5.3.1 and 5.3.8. Section 5.3.1 <br />defines an interim Work Plan and Section 5.3.8 will be developed in the Operations and <br />Maintenance Agreement <br />5.3.1 Pre - Design Period Costs <br />During the period between execution of this MOU and the execution of the Design <br />Agreement, the City shall track the time and materials expended in providing <br />Project support. The City will submit a monthly report to OCTA, within two weeks <br />following the month reported, identifying the work performed and the time and <br />material costs expended. The City and OCTA shall address the pre - design period <br />cost reimbursement in the Design Agreement with the understanding that it is the <br />parties' intent to fully reimburse the City for such costs to the extent permitted by <br />law. <br />5.3.2 Administrative and Design Support <br />OCTA agrees to compensate Santa Ana on a time and materials basis for <br />Administrative and Design Support for the duration of the Project. <br />Administrative and Design Support includes, but is not limited to, Santa Ana <br />administrative staff and design review time spent participating in Project meetings, <br />design reviews, public outreach efforts, and all other costs incurred related to the <br />Project. Administrative and Design Support does not include time and materials <br />related to construction inspection, materials testing, or other costs associated with <br />construction inspection and/or monitoring, eminent domain proceedings support, <br />environmental document updates, hazardous waste restitution, and /or operations <br />and maintenance costs. <br />5.3.3 Right -of -Way Acquisition <br />OCTA agrees to compensate Santa Ana for Santa Ana staff participation, if any, <br />in site acquisition or eminent domain proceedings necessary to complete the <br />Project. The Parties will include specific acquisition responsibilities, obligations <br />and reimbursement processes in a subsequent agreement as more information <br />becomes available. <br />6 <br />L: \Camm \CLERICAL \WORDPROC \AGREE \ag53295 SA OCTA MOU_Final 0630.2015MOU.docx <br />