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EXHIBIT 5 <br /> Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA <br /> Design Services Agreement <br /> SCRRA File No.:TBD <br /> Orange Subdivision <br /> MP 175.13 <br /> CITY desires to design and construct a new four-lane underpass to replace the existing at-grade <br /> crossing at the SCRRA double tracks on Santa Ana Boulevard adjacent to the Santa Ana Regional <br /> Transportation Center(SARTC), hereinafter referred to as the "PROJECT". <br /> SCRRA and CITY believe that construction of the Project will serve the important purposes of <br /> increasing passenger rail transportation within Southern California, including interconnectivity <br /> between systems, and promoting the region's mobility, safety, and air quality objectives. <br /> SCRRA does not receive any funding through its budget process to support third party projects <br /> such as this one. SCRRA is required to enter into agreements,service contracts,and memorandum <br /> of understandings, and obtain deposits to cover the expenses of its staff, consultants, and <br /> contractors in the support of third-party projects. Therefore, CITY and SCRRA wish to enter into <br /> this AGREEMENT to establish roles, responsibilities, funding and processes for engineering <br /> design, engineering reviews, comments, acceptance of engineering plans, environmental <br /> documentation reviews and general engineering and planning support for interconnectivity <br /> between stations and future transportation studies for the PROJECT. <br /> In conjunction with the PROJECT, SCRRA, at the CITY's sole cost and expense, will provide <br /> design, planning and environmental support including engineering design review and attendance <br /> at design meetings and site visits as required to accommodate the PROJECT,hereinafter referred <br /> to as "DESIGN SUPPORT SERVICES", and as detailed in Section I.1. of this AGREEMENT. <br /> The PARTIES acknowledge that if CITY and its consultants and contractors need access within <br /> or adjacent to the railroad right-of-way to perform any design or construction work, a separate <br /> Right of Entry Agreement (Form 5 and Form 6, available at <br /> https://www.metrolinktrains.com/about/agency/en.-in�g--construction/, are examples of such <br /> agreements;nothing herein shall be construed to bind the PARTIES to use those examples without <br /> the possibility of future modifications amenable to the PARTIES)between SCRRA and each entity <br /> must be issued before access can be provided. <br /> -2- <br />