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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 /> (75%) of the deposited funds have been exhausted and include an estimate of what, if any, <br /> additional funds are estimated to be needed to complete the services under this <br /> AGREEMENT. If additional funding is required, then CITY and SCRRA shall amend the <br /> AGREEMENT in writing to provide for further funding as mutually agreed upon and CITY <br /> shall deposit the full amount of the additional funding within thirty (45) days of execution <br /> of the Amendment. <br /> 4. CITY shall be responsible for and fund any other costs associated with obtaining permits, <br /> right-of-way, encroachments, easements, and other entitlements necessitated by the <br /> PROJECT prior to construction of the PROJECT. CITY shall perform all coordination <br /> with third parties and statutory authorities. <br /> 5. CITY shall identify and locate all utility facilities within the OCTA ROW, in its plans as <br /> required, and will protect or provide for relocation of such facilities. In the event that any <br /> utility work within the OCTA ROW needs to be undertaken for any existing public and/or <br /> private utility during the design phase of the PROJECT, CITY will make all necessary <br /> agreements with the owners for the protection, relocation or removal of said facilities. <br /> CITY shall also provide copies of its letters of agreement with utility companies to SCRRA <br /> and OCTA showing that arrangements have been made for the protection, relocation, or <br /> removal of all conflicting facilities within the OCTA ROW. <br /> 6. In the event that any work under this AGREEMENT involves entry onto the OCTA ROW <br /> by CITY, its consultant(s) or contractor(s), CITY shall require that all Parties comply <br /> and/or execute any necessary Right-of-Entry forms (Form 5, 6, 37) from SCRRA prior to <br /> the performance of such work. <br /> 7. CITY shall obtain and comply with any and all necessary approvals, real estate permits, <br /> licenses or easements, CPUC applications, and other authorizations required by applicable <br /> laws, regulations, rules, or ordinances prior to commencement of any work within OCTA <br /> ROW from SCRRA's member agency, OCTA. <br /> -6- <br />