HomeMy WebLinkAboutSOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) INSURANCE NOT REQUIRED
WORK MAY FR MCEED A-2026-06
CITY UER4K
DATE: MAY 2 7 2026
eY.>3uckLflz) DESIGN SERVICES AGREEMENT
BETWEEN
SOUTHERN CALIFORNIA REGIONAL RAIL
AUTHORITY (SCRRA)
AND THE
City of Santa Ana
FOR
Santa Ana Blvd Gracie Separation
AT
SCRRA APPROX.MP 175.13
ORANGE SUBDIVISION
IN
CITY OF SANTA ANA
ORANGE COUNTY,CALIFORNIA
EXHIBIT 5
Santa Ana 131vd. Grade Separation--City of Santa Ana SCRRA Project No: TBA
Design Services Agreement
SCRRA File No.:TBD
Orange Subdivision
MP 175.13
This Design Services Agreement ("AGREEMENT") is made and entered into as of the
day of , 2026, by and between the SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State
of California (hereinafter referred to as "SCRRA"), to be addressed at 900 'Wilshire Blvd., Suite
1500, Los Angeles, CA 90017 and the CITY OF SANTA ANA, a California.charter law
municipal corporation (hereinafter referred to as "CITY"), to be addressed at 20 Civic Center
Plaza, Santa Ana, CA 92701. CITY and SCRRA may be referred to singly as "PARTY" and
collectively as"PARTIES."
RECITALS:
SCRRA is a five-county joint powers authority, created pursuant to California Public Utilities
Code Section 130255 and California Government Code Section 6500 et seq., to build, maintain,
administer, and operate the "METROLINK" commuter train system on railroad rights-of-way
owned by the member agencies and through other shared use and joint operation agreements. The
five-county member agencies are comprised of the following: Los Angeles County Metropolitan
Transportation Authority ("METRO"), Ventura County Transportation Commission ("VCTC"),
Orange County Transportation Authority ("OCTA"), San Bernardino County Transportation
Authority("SBCTA"), and Riverside County Transportation Commission("RCTC").
SCRRA controls, administers, operates, and maintains the railroad track, structures, signals,
communication systems, and appurtenances on the rail line known as the Orange Subdivision in
the area proposed by CITY in the City of Santa Ana. SCRRA and the "Operating Railroads" [as
used herein "Operating Railroads" means any passenger or freight-related railroad company(s)
operating on SCRRA track(s), including the National Railroad Passenger Corporation
(AMTRAK), the Union Pacific Railroad Company (UPRR), and the Burlington Northern and
Santa Fe Railway Company (BNSF)] operate trains and rail equipment through this location on
right-of-way owned by OCTA,in accordance with the Shared Use Agreement dated December 20,
1990, and the Agreement between SCRRA, its Member Agencies, and the National Railroad
Passenger Corporation(Amtrak) and known as the"Intercity Agreement'.
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EXHIBIT 5
Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA
Design Services Agreement
SCRRA File No.:TBD
Orange Subdivision
MP 175.13
CITY desires to design and construct a new four-lane underpass to replace the existing at-grade
crossing at the SCRRA double tracks on Santa Ana Boulevard adjacent to the Santa Ana Regional
Transportation Center(SARTC), hereinafter referred to as the "PROJECT".
SCRRA and CITY believe that construction of the Project will serve the important purposes of
increasing passenger rail transportation within Southern California, including interconnectivity
between systems, and promoting the region's mobility, safety, and air quality objectives.
SCRRA does not receive any funding through its budget process to support third party projects
such as this one. SCRRA is required to enter into agreements,service contracts,and memorandum
of understandings, and obtain deposits to cover the expenses of its staff, consultants, and
contractors in the support of third-party projects. Therefore, CITY and SCRRA wish to enter into
this AGREEMENT to establish roles, responsibilities, funding and processes for engineering
design, engineering reviews, comments, acceptance of engineering plans, environmental
documentation reviews and general engineering and planning support for interconnectivity
between stations and future transportation studies for the PROJECT.
In conjunction with the PROJECT, SCRRA, at the CITY's sole cost and expense, will provide
design, planning and environmental support including engineering design review and attendance
at design meetings and site visits as required to accommodate the PROJECT,hereinafter referred
to as "DESIGN SUPPORT SERVICES", and as detailed in Section I.1. of this AGREEMENT.
The PARTIES acknowledge that if CITY and its consultants and contractors need access within
or adjacent to the railroad right-of-way to perform any design or construction work, a separate
Right of Entry Agreement (Form 5 and Form 6, available at
https://www.metrolinktrains.com/about/agency/en.-in�g--construction/, are examples of such
agreements;nothing herein shall be construed to bind the PARTIES to use those examples without
the possibility of future modifications amenable to the PARTIES)between SCRRA and each entity
must be issued before access can be provided.
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EXHIBIT 5
Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No:TBA
Design Services Agreement
SCRRA File No.: TBD
Orange Subdivision
MP 175.13
The PARTIES acknowledge that a separate Construction and Maintenance ("C&M") Agreement
will be negotiated and entered into subsequently by the PARTIES for the actual construction and
maintenance of the PROJECT. The PARTIES agree to enter into the C&M Agreement after
designs are completed, but before construction begins. The C&M agreement will protect the
PARTIES interests during construction of the PROJECT.
AGREEMENT
IN CONSIDERATION of the promises and mutual understandings of the PARTIES, and the
faithful performance thereof:
SECTION I
SCRRA agrees as follows:
1. SCRRA shall provide 'DESIGN SUPPORT SERVICES" as detailed herein during the
development of the design of the PROJECT as follows:
a. Review and provide comments on engineering documents (plans, specifications,
and reports) for the PROJECT as submitted by CITY for consistency and
compliance with SCRRA design standards and criteria. SCRRA's review and
comments will be limited to the portion of the plans within the OCTA Right-of-
Way (ROW), any potential impacts to SCRRA's operation and future capacity
requirements within the OCTA ROW, and station connectivity.
b. Support the environmental review or permitting that may be required for
construction of the PROJECT.
c. Support the master planning process to ensure that all modes of transportation for
the PROJECT are fully considered and seamlessly connected.
d. Attend coordination meetings and make site visits as required.
e. Provide design support and technical information to the design team including
furnishing SCRRA design criteria, SCRRA standard drawings, and other similar
SCRRA engineering documents, and supporting CPUC application preparation as
needed.
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EXHIBIT 5
Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA
Design Services Agreement
SCRRA File No.: TBD
Orange Subdivision
MP 175.13
f Provide SCRRA administrative support for the PROJECT to assist CITY in the
development of the PROJECT including interdepartmental support.
g. Develop C&M Agreement acceptable to both parties for the PROJECT. Said
Agreement must be in place prior to construction.
h. Provide flagging and railroad protective services for site visits. Provide cable
marking for survey needs during design phase.
2. SCRRA shall issue Contract Task Orders (CTO's) with its consultant(s) upon receipt of
CITY's deposit, to help support design and environmental review and as needed for
required signal, communication, or other design services.
3. The performance of any additional services beyond the DESIGN SUPPORT SERVICES
defined in Section I.1. and outlined in EXHIBIT"A"or elsewhere in this AGREEMENT,
shall require an amendment to this AGREEMENT signed by both Parties.
4. SCRRA will provide Railroad Protective Services (Roadway Worker in Charge, Railroad
Safety training, signal/communication cable marking), at CITY's cost,to facilitate access
for CITY staff, contractors or consultants to the OCTA ROW for survey purposes. All
CITY staff, contractors or consultants must be safety trained and certified prior to being
allowed access onto the OCTA ROW.
5. Signals determined to be obscured and/or signals and communication facilities
determined to be in conflict with the proposed improvements will be relocated, if
necessary. Any existing tracks, main line and/or industry track connections determined
to be in conflict with the proposed improvements will be relocated. Relocations will be
designed by SCRRA and relocated by SCRRA at CITY's expense. SCRRA facilities that
cannot be relocated because of operational or other constraints may require alteration to
the design or construction procedures.
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EXHIBIT 5
Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA
Design Services Agreement
SCRRA File No.:TBD
Orange Subdivision
MP 175.13
G. SCRRA shall designate a Project Manager as a single point of contact to oversee and
manage SCRRA's obligations under this AGREEMENT in coordination with CITY's
elected representative.
7. Provide quarterly project status reports to CITY no later than the 30th of the month
following the end of each quarter reflecting draw down of funds and funds expended for
the PROJECT, including a progress report that includes status, and expenditures to
budget.
8. To provide a reconciliation report to CITY within one-hundred eighty(180)days of
completion of PROJECT, identifying the PROJECT surplus or deficit.
SECTION It
CITY agrees as follows:
1. CITY shall designate a Project Manager as its single point of contact to coordinate with
SCRRA for all DESIGN SUPPORT SERVICES under this AGREEMENT.
2. CITY shall fund and bear the cost of one hundred percent (100%) of all DESIGN
SERVICES as defined in Section I and outlined in EXHIBIT "A"of this AGREEMENT.
The costs associated with the DESIGN SUPPORT SERVICES are only estimates and may
vary, for which CITY shall be responsible for reimbursement of one hundred percent
(100%) of all costs incurred by SCRRA.
3. The total cost of the DESIGN SUPPORT SERVICES provided by this AGREEMENT
shall not exceed the sum of $315,000. Within thirty (30) days of execution of this
AGREEMENT, CITY agrees to deposit the full amount of$315,000 of the estimated cost
of DESIGN SUPPORT SERVICES to be provided by SCRRA under EXHIBIT"A"of this
AGREEMENT. SCRRA will be reimbursed on the basis of actual cost up to the "not-to-
exceed" total amount. SCRRA shall notify CITY in writing when seventy-five percent
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EXHIBIT 5
Santa Ana Blvd. Grade Separation--City of Santa Ana SCRRA Project No:TBA
Design Services Agreement
SCRRA File No.: TBD
Orange Subdivision
MP 175.13
(75%) of the deposited funds have been exhausted and include an estimate of what, if any,
additional funds are estimated to be needed to complete the services under this
AGREEMENT. If additional funding is required, then CITY and SCRRA shall amend the
AGREEMENT in writing to provide for further funding as mutually agreed upon and CITY
shall deposit the full amount of the additional funding within thirty (45) days of execution
of the Amendment.
4. CITY shall be responsible for and fund any other costs associated with obtaining permits,
right-of-way, encroachments, easements, and other entitlements necessitated by the
PROJECT prior to construction of the PROJECT. CITY shall perform all coordination
with third parties and statutory authorities.
5. CITY shall identify and locate all utility facilities within the OCTA ROW, in its plans as
required, and will protect or provide for relocation of such facilities. In the event that any
utility work within the OCTA ROW needs to be undertaken for any existing public and/or
private utility during the design phase of the PROJECT, CITY will make all necessary
agreements with the owners for the protection, relocation or removal of said facilities.
CITY shall also provide copies of its letters of agreement with utility companies to SCRRA
and OCTA showing that arrangements have been made for the protection, relocation, or
removal of all conflicting facilities within the OCTA ROW.
6. In the event that any work under this AGREEMENT involves entry onto the OCTA ROW
by CITY, its consultant(s) or contractor(s), CITY shall require that all Parties comply
and/or execute any necessary Right-of-Entry forms (Form 5, 6, 37) from SCRRA prior to
the performance of such work.
7. CITY shall obtain and comply with any and all necessary approvals, real estate permits,
licenses or easements, CPUC applications, and other authorizations required by applicable
laws, regulations, rules, or ordinances prior to commencement of any work within OCTA
ROW from SCRRA's member agency, OCTA.
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EXHIBIT 5
Santa Ana Blvd. Grade Separation--City of Santa Ana SCRRA Project No: TBA
Design Services Agreement
SCRRA File No.: TBD
Orange Subdivision
MP 175.13
8. Should the funds deposited by CITY pursuant to this AGREEMENT be fully depleted at
any time before the DESIGN SUPPORT SERVICES are completed, SCRRA may stop all
work and not recommence until the not-to-exceed limit is amended in writing by the mutual
consent of both Parties and received by SCRRA.
9. Any monies received from CITY under this AGREEMENT in excess of the amount needed
for completion of the DESIGN SUPPORT SERVICES shall be returned to CITY within
180 days of completion of the DESIGN SUPPORT SERVICES if funds are not designated
by CITY for the contemplated C&M Agreement.
SECTION III
MUTUAL AGREEMENT:
1. Neither SCRRA, nor the Operating Railroads as identified by SCRRA, nor any of
SCRRA's board members, member agencies, officers, agents, volunteers, contractors, or
employees, shall be responsible for any damage or liability occurring by reason of any acts
or omissions on the part of CITY under or in connection with any aspect of the PROJECT,
work, authority or obligation agreed to by CITY under this AGREEMENT. CITY shall
indemnify, defend and hold harmless SCRRA, any Operating Railroads, as identified by
SCRRA., as well as their respective board members, member agencies, officers, agents,
volunteers, contractors, and employees("SCRRA Indemnities")from any and all liability,
loss, expense (including reasonable attorneys' fees and other defense costs), demands,
suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury,
death, personal injury, or property damage, that are incurred by or asserted against the
SCRRA Indemnities arising out of or connected with any negligent acts or omissions on
the part of CITY,its staff,contractors,or consultants tinder or in connection with any aspect
of the PROJECT, work, authority or obligation agreed to by CITY under this
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EXHIBIT 5
Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA
Design Services Agreement
SCRRA File No.: TBD
Orange Subdivision
MP 175.13
AGREEMENT. This indemnity shall survive completion of the PROJECT and the
Services and termination of this AGREEMENT.
2. Neither CITY, its staff, contractors, or consultants shall be responsible for any damage or
liability occurring by reason of any acts or omissions on the part of SCRRA, or the
Operating Railroads as identified by SCRRA, under or in connection with the Services,
work, authority or obligation agreed to by SCRRA under this AGREEMENT. SCRRA
shall indemnify, defend and hold harmless CITY, as well as their staff, contractors, and
consultants ("CITY Indemnities") from any and all liability, loss, expense (including
reasonable attorneys' fees and other defense costs), demands, suits, liens, damages, costs,
claims, including but not limited to, claims for bodily injury, death, personal injury, or
property damage, that are incurred by or asserted against CITY Indemnities arising out of
or connected with any negligent acts or omissions on the part of SCRRA, any Operating
Railroads as identified by SCRRA, as well as their respective board members, officers,
agents,volunteers, contractors or employees under or in connection with any aspect of the
Services, work, authority or obligation agreed to by SCRRA under this AGREEMENT.
This indemnity shall survive completion of the PROJECT and the Services and termination
of this AGREEMENT.
3. Termination for Convenience: Either Party may terminate this Agreement by providing
thirty(30) days written notice of its intent to terminate for convenience to the other Party.
4. Acceptance by SCRRA shall mean only that the design meets the standards of SCRRA,
and such acceptance by SCRRA shall not be deemed to mean that the design or
construction is structurally sound and appropriate or that the design meets applicable
regulations, laws, statutes, local ordinances,building codes, or any combination thereof.
5. In addition to the rights and obligations established in Sections III.1. and III.2. herein, and
in contemplation of the provisions of Government Code §895.2 imposing certain tort
liability jointly upon public entities solely by reason of such entities being PARTIES to an
EXHIBIT 5
Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA
Design Services Agreement
SCRRA File No.: TBD
Orange Subdivision.
MP 175.13
agreement, as defined in Government Code §895, each of the PARTIES hereto, pursuant
to the authorization contained in Government Code §895.4 and §895.6, will assume the
full liability imposed upon it or any of its officers, agents or employees by law for injury
caused by that party's negligent or wrongful act or omission occurring in the performance
of this AGREEMENT to the same extent that such liability would be imposed in the
absence of§895.2 of such code. To achieve this purpose, each party agrees to indemnify
and hold harmless the other for any cost or expense that may be imposed upon such other
solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof
as if incorporated herein. Should any rights or obligations in this Section III.3. be in
conflict with Sections III.1. and III.2., above, the rights and obligations established in this
section shall prevail.
6. This AGREEMENT contains the entire understanding of the PARTIES and cannot be
amended or modified except by a written amendment executed by both PARTIES.
7. To the extent reasonably practicable, SCRRA and CITY shall work to resolve any disputes
in a timely manner to avoid delay costs.
8. The unenforceability, invalidity, or illegality of any provision of this AGREEMENT shall
not render the other provisions unenforceable, invalid, or illegal.
9. If any term,provision, covenant or condition of this Agreement is held to be invalid,void
or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
remainder of this Agreement shall not be affected thereby, and each term, provision,
covenant or condition of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
10. In addition to the specific provisions of this AGREEMENT, delay in performance by any
party hereunder shall not be a default where delays or defaults are due to war; insurrection;
strikes; lock-outs; riots; floods; earthquakes; weather; fires; casualties; accidents;
emergencies; acts of God; acts of the public enemy; epidemics; quarantine restrictions;
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EXHIBIT 5
Santa Ana Blvd. Grade Separation-City of Santa Ana SCRRA Project No: TBA
Design Services Agreement
SCRRA File No.:TBD
Orange Subdivision
MP 175.13
freight embargoes; lack of transportation; unusually severe weather; Federally-mandated
inspections and maintenance; and/or any other causes beyond the control or without the
fault of the party claiming an extension of time for any such cause. An extension of time
for any such cause shall only be for the period of the enforced delay, which period shall
commence to run from the time of commencement of the cause.
11. This AGREEMENT shall be construed and interpreted under the laws of the State of
California,
12.Any notice sent by first class mail, postage paid, to the address and addressee, shall be
deemed to have been given when in the ordinary course it would be delivered. The
representatives of the PARTIES who are primarily responsible for the administration of
this AGREEMENT, and to whom notices, demands and communications shall be given,
are as follows:
To CITY To SCRRA
Alvaro Nunez Justin Fornelli,RE.
-City Manager Chief,Program Delivery
-City of Santa Ana Southern California Regional Rail Authority
20 Civic Center Plaza,Ross Annex M-36) 2558 Supply St,Bldg.A
Santa Ana, CA 92701 Pomona, CA 91767
13.Force Majeure: Either Party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from performing by an
unforeseeable cause beyond its control, including but not limited to; any incidence of fire,
flood; act of God; commandeering of material,products,plants or facilities by the federal,
state or local government;national fuel shortage; or a material act or omission by the other
Party; when satisfactory evidence of such cause is presented to the other Party, and
provided further that such nonperformance is unforeseeable,beyond the control and is not
due to the fault or negligence of the Party not performing.
This Agreement shall be made effective upon execution by both Parties.
_1a_
EXHIBIT 5
Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA
Design Services Agreement
SCRRA File No.:TBD
Orange Subdivision
MP 175.13
IN WITNESS WHEREOF,the parties have caused this AGREEMENT to be duly executed in by
their duly qualified and authorized officials.
SOUTHERN CALIFORNIA REGIONAL CITY OF SANTA ANA
RAIL AUTHORITY
Darren Digitally signed by Darren
V M.Kettle
By: Kettle ���a2026.03.2615:00:00 By.
Darren M. Kettle Alvaro Nunez
Chief Executive Officer City Manager
Date: Date: V2,6
APPROVED AS TO FORM: APPROVED AS TO FORM:
Sonia R. Carvalho
Don O. Del Digitally signed by Don 0. City Attorney
Del Rio `b�
Rio Date:2026.03.24 22:21:04
By: -07'00' By:
Don O. Del Rio e Nellesen
General Counsel Assistant City Attorney
Date: Date: March 4, 2026
ATTEST:
NNIF LL
City Cle
RECO D FOR APPROVAL
O'rgiGl ly signed by flodoila flosas
Rodolfo Rosas° cngdpiio�a,nmali ns Pan,a
ana og.a=li5
Oatz 201G.04.06 k4:16:18-0]'97
RODOLFO ROSAS,P.E.
Acting Executive Director
Public Works Agency
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EXHIBIT b
Santa Ana Blvd. Grade Separation--City of Santa Ana SCRRA Project No: TBA
Design Services Agreement
SCRRA File No.:TBD
Orange Subdivision
MP 175.13
EXHIBIT "A"
SANTA ANA BLVD GRADE SEPARATION
DESIGN SERVICES AGREEMENT
BUDGETED SCHEDULE AND COST
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EXHIBIT 5
Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA
Design Services Agreement
SCRRA File No.: TBD
Orange Subdivision
MP 175.13
Date 6/11/2025
SCRRA Project No. TBA
Project Name Santa Ana Blvd Grade Separation Project
Schedule Estimated Jul 2025 to Apr ZOZB
QUANTITY
NO. ITEM No.of Meeting Hours No.of Total UNIT UNIT COST TOTALCOST
Months per Persons
Month
General Description of Services
1.0 Meetings
a PDT Meetings(virtual) 28 1 2 1.5 84 HR $250.00 $21,000.00
b Inter-Departmental and Focus Meetings 28 1 2 3 168 HR $250.00 $42,000.00
Sub-Total 252 HR $63,000.00
2.0 Project Managementand Administration
a Progress reports/Invoicing 28 1 2 1 56 HR $250.00 $14,000.00
b General PM Work 28 1 4 1 112 HR $250.00 $28,eaa.00
Sub-Total 168 HR $42,000.00
3.0 Document Review/Design Support
a Review Design Documents
Preliminary Design 8 3 24 HR $250.00 $6,000.00
30%Design 8 3 24 HR $250.00 $6,000.00
60%Design 8 3 24 HR $250.00 $6,000.00
90%Design 8 3 24 HR $250.00 $6,000.00
MCI%Design 8 3 24 HR $250.00 $6,000.00
Final 8 3 24 HR $250.00 $6,000.00
b SCRRA On-Call Consultant Support LS $70,000.00' $70,000.00
c CPUC/GO88-BSupport 24 2 48 HR $250.00 $12,000.00
d Site visits/Field Meetings 4 1 4 2 32 HR $250r00 $8,000.00
Sub-Total 224 HR $126,000.00
4.0 Right of Entry
a Administrative/Application Review Fees 1 LS $3,888.25 $3,888.25
b Standard Plan Review 1 LS $3,090.00 $3,090.00
c Flagging 2 LS $1,800.00 $3,600.00
d Safety Training 14 EA $230.00 $3,220.0C
e Signal Cable Marking 2 EA $2,000.00 $4,000.00
f Contingency 1 LS $7,500.00 $7,500.00
Sub-Total $25,298.25
5.0 Funding Agreement Development(Construction)
a Construction and Maintenance Agreement Development 30 2 60 HR $250.00 $15,000.00
Sub-Total 60 HR $15,000.00
Sub-Total $271,298.25
Contingency 161A $43,701.75
TOTAL ESTIMATED COST $315,000 00
Notes:
1 The cost of the SCRRA services shown is an estimate only and SCRRA will be reimbursed on the basis of actual costs and expenses.
SCRRA to be reimbursed for the actual costs and expenses incurred by SCRRA and its contractors/consultants for all services and work
2 performed in connection with this project,including an allocated overhead representing SCRRA's casts for administration and
management.
The above costs include SCRRA support costs through the design phase and do not include providing design. SCRRA can utilize approved
3 signal design vendor to provide signal design for additional fee.
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