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monitoring, and reporting to assist with a Party's respective stormwater discharge permit <br />compliance. <br />2.3 Desien <br />2.3.1 The Parties acknowledge SANTA ANA had the "Santa Ana -Delhi Channel Diversion <br />Project Technical Memorandum 1", dated July 2015 and revised in October 2015, prepared <br />which provides a description of the Project operations and land requirements for alternate design <br />plans. Among the alternatives presented in that memorandum, the Parties wish to implement <br />Scenario 1 where the Facilities will have direct discharge to the Orange County Sanitation <br />District Regional Sewer System as depicted in the "Preliminary Plan" shown on Exhibit B, <br />attached. The Facilities are to be constructed in accordance with Approved Plans that specify its <br />components which may include, among other things and in addition to the modifications to the <br />existing channel section, diversion structure, submersible pumps, floating boom, weirs, screening <br />bars, and debris containment area. <br />2.3.2 SANTA ANA shall require and ensure that all consultants, engineers and mitigation <br />agents working on the Project environmental, design and construction abide by the insurance and <br />bond requirements as specified in Exhibit G (Insurance, Bonds and Warranties). SANTA ANA <br />agrees to be responsible for the preparation of the PS&E, which shall be consistent with the <br />standards of SANTA ANA and the Party or Parties with jurisdiction or ownership of the right-of- <br />way where construction is to be performed. In case of conflict between such standards, the most <br />stringent standard shall prevail. With regard to the Diversion Stnrcture and any other Facilities <br />appurtenant, in, on or about the Channel or right-of-way held by OCFCD or COUNTY, the <br />PS&E shall be consistent with OCFCD standards, criteria, customs and practices and receive <br />Director's and JWA's approval prior to commencement of construction through OCFCD's CPP <br />process. <br />2.3.3 SANTA ANA shall provide the Project Representatives opportunities to review the <br />PS&E at the 60% and 90% submittal levels and to provide timely comments prior to submittal of <br />the PS&E to the relevant resource agencies that must issue permits for construction of the Project <br />or O&M of the Facilities. The Project Representatives shall review the revised PS&E in a timely <br />manner and indicate their approval or disapproval of the same to SANTA ANA. SANTA ANA <br />shall address the comments in the drafts. SANTA ANA shall promptly provide each Project <br />Representative with a reproducible copy of the PS&E as well as a copy of all Project -related <br />documents. SANTA ANA shall be responsible for retaining all consultants necessary to prepare <br />the PS&E and Approved Plans in accordance with applicable law. <br />2.4 Right-of-Wav <br />2.4.1 Prior to commencing construction, SANTA ANA shall obtain all necessary permits, <br />easements, and any right of way necessary from landowners in order to use their respective <br />properties for the construction and O&M of the Facilities. The terms and conditions of the <br />permits shall be consistent with this Agreement, and in the case of a conflict, the terms and <br />conditions of this Agreement shall control. SANTA ANA shall be responsible for providing the <br />legal descriptions required for right-of-way transactions needed for the Project, subject to the <br />Santa Ana -Delhi Channel Diversion Project Agreement D15•01.1 Page 13 of 69 <br />20C-19 <br />