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23A - PROJ - DELHI CHANNEL PROJECT
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12/06/2016
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23A - PROJ - DELHI CHANNEL PROJECT
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12/1/2016 4:04:21 PM
Creation date
12/1/2016 3:51:56 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
23A
Date
12/6/2016
Destruction Year
2021
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Airport Director — the Director of John Wayne Airport <br />Approved Plans - those Project plans, specifications, and engineering estimates <br />("PS&E" see definition below) which have been approved through the County Property <br />Permit process. Approved Plans shall also include those PS&E revisions and/or <br />contract change orders approved in writing by the Project Representatives (as defined <br />in Section 1). <br />Bond - the faithful performance bond, payment bond, or warranty bond required to be <br />provided by the Contractor pursuant to this Agreement. (collectively "Bonds) <br />CPP - the process to obtain a County Property Permit from the County of Orange. <br />CEQA -- the California Environmental Quality Act (California Public Resources Code <br />§ 21000 et seq.). <br />Channel - the Santa Ana -Delhi Diversion Channel designated OCFCD Facility No <br />FO 1. <br />Cities - refers to SANTA ANA, NEWPORT BEACH, and COSTA MESA collectively <br />Claims - liabilities, actions, suits, claims, demands, losses, costs, tortious, contractual, <br />condemnation, inverse condemnation, judgments, arbitration awards, settlements, <br />damages, demands, orders, penalties, acid expenses including legal costs and attorney fees; <br />including those arising from injuries to or death of persons, for damage to property, or <br />liability of any kind or nature. <br />Conceptual Report -- that Diversion Structure Water Capture and Reuse Structure <br />Concept Feasibility Study dated July 8, 2013 which reviewed the technical and <br />economic feasibility of reducing pollutants inflows and trash to the Channel. <br />Contractor - that contractor and its subcontractors that have entered into a construction <br />contract with SANTA ANA for the Project. <br />Days — unless otherwise specified to the contrary, "days" in this Agreement shall mean <br />business days as defined by the City of Santa Ana. <br />Director — the Director of OC Public Works or designee. <br />Diversion Structure — an urban discharge diversion system as may be constructed near <br />the intersection of Mesa Drive and Irvine Avenue as shown on the attached Exhibit B <br />(hereinafter referred to as the "Preliminary Plans"), which shall include features that <br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 3 of 69 <br />23A-55 <br />
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