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HomeMy WebLinkAboutLONEROCK INC. (SANTA ANA DELHI CHANNEL DIVERSION PROJECT)REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: 6, 2016 TITLE: AWARD CONTRACT TO LONEROCK INC., FOR CONSTRUCTION OF THE SANTA ANA -DELHI CHANNEL DIVERSION PROJECT (PROJECT NO. 16-6467) (STRATEGIC PLAN NO. 6, 1G) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED bE.C, Ob 101b Iry As Recommended, 23 PC [� As Amended Ordinance on I" Reading 71 Ordinance on 2n' Reading �] Implementing Resolution [j Set Public Hearing For_ CONTINUED TO FILE NUMBER Reject all bids received on September 22, 2016, for the construction of the Santa Ana—Delhi Channel Diversion project to allow re -advertising of the project to include significant changes to the scope of construction. 2. Award a contract and authorize the City Manager and the Clerk of the Council to execute a construction contract to Lonerock, Inc. the lowest responsible bidder, in accordance with the base bid in the amount of $4,593,375, for the term beginning upon execution of the contract and ending upon project completion, for the construction of the Santa Ana—Delhi Channel Diversion project, subject to nonsubstantive changes approved by the City Manager and City Attorney. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,386,775, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $1,024,800. DISCUSSION The Santa Ana -Delhi Diversion project is a regional collaboration between the City of Santa Ana, the County of Orange (OC), the Orange County Flood Control District (OCFCD), and the cities of Newport Beach and Costa Mesa. The project is located south of SR -73 and east of SR -55 in the Newport Beach Golf Course (Exhibit 1). The goal of the Delhi project is to improve the water quality in Newport Bay and increase regional groundwater supplies. The City of Santa Ana will greatly benefit from this project because it will help meet federal storm water program requirements mandated by the California State Water Resources Control Board. Compliance with these federal requirements would otherwise prove to be very costly to Santa Ana. Contract Award for Santa Ana -Delhi Channel Diversion Project December 6, 2016 Page 2 The original bids received were opened on September 22, 2016. Due to design details that were found excluded from the advertised plans, significant costs could be associated with those details, and therefore the project was re -advertised on October 10 and 17, 2016. Bids from the re -advertisement were reopened on October 27, 2016. The following is a summary of the bid invitations made, and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 4 Contractors requesting bidding documents 55 Bids received 5 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Lonerock, Inc Irvine $4,593,375 2 Kiewit Infrastructure West Co. Santa Fe Springs $4,723,000 3 Metro Builders & Engineers Group, Ltd. Newport Beach $4,896,840 4 Environmental Construction, Inc., Woodlands Hills $5,196,326 5 KEC Engineering Corona $5,577,777 A total of five bids were received and all five were deemed responsive. The bid submitted by Lonerock, Inc. in the amount of $4,593,375 (Exhibit 2) is the lowest responsive bid, and is below the engineer's estimate of $4,959,000. Based on the bid analysis, staff recommends awarding the construction contract to Lonerock, Inc. (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Contract Award for Santa Ana -Delhi Channel Diversion Project December 6, 2016 Page 3 ENVIRONMENTAL IMPACT On May 3, 2016, the City Council approved a Mitigated Negative Declaration (MND) in accordance with the California Environmental Quality Act (CEQA). The proposed project would have a less than significant impact on the environment. As planned, the Delhi Project would eliminate dry weather flows in the Santa Ana Delhi Channel to help improve water quality in downstream receiving waters including Upper Newport Bay. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of this project is $6,386,775, which includes construction, contract administration, inspection, testing, and contingencies. The cooperative agreement which specifies the funding contribution by each of the partner agencies including County of Orange, City of Newport Beach, City of Costa Mesa, Irvine Ranch Water District, and City of Santa Ana, also specifies the contingency amount to be $1,024,800 (Exhibit 5). Council has recognized project funding commitments from the participating agencies totaling $9,367,875 in the following revenue accounts: FISCAL YEAR AUTHORITY & FUNDING SOURCE ACCOUNT NO. AMOUNT 2013/14 Capital Improvement Program M2 Environmental Cleanup Grant 03217002-52332 $2,572,875 2015/16 Council Approval, April 19, 2016 City of Costa Mesa 05717002-57013 $600,000 City of Santa Ana: Federal Clean Water Enterprise 05717002-50001 $500,000 Capital Improvement Program City of Santa Ana: Federal Clean Water Enterprise 05717002-50001 $343,050 2016/17 Council Approval, November 15, 2016 Orange County Flood Control District 05717002-57014 $1,600,000 City of Newport Beach 05717002-57017 $1,500,000 Irvine Ranch Water District 05717002-57016 $195,000 Orange County Water District 05717002-57015 $1,000,000 City of Santa Ana: Federal Clean Water Enterprise 05717002-50001 $1,056,950 TOTAL PROJECT FUNDING: $9,367,875 The updated spending plan (Exhibit 6) estimates expenditures for the entire project — starting with the Design/Environmental Review phase in FY 2011/12 through project completion in FY 2018/19. Estimated Fiscal Year 2016/17 expenditures of $1,668,743 are programmed in the following funding sources: Contract Award for Santa Ana -Delhi Channel Diversion Project December 6, 2016 Page 4 FUNDING SOURCE ACCOUNT NO. M2 Environmental Cleanup Grant 03217663-66220 Participating Agency Funds 05717660-66220 City of Santa Ana: Federal Clean Water Enterprise 05717640-66220 ESTIMATED FY 2016/17 EXPENDITURES: Fr d Mousavipour Executive Director Public Works Agency FM/EWG/TC/MG Exhibits: 1. Location Map AMOUNT $461,206 $590,652 $616,885 $1,668,743 APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 2. Bid 3. Construction Contract 4. Cost Analysis 5. Cooperative Agreement with Participating Agencies 6. Delhi Diversion Project — Estimated Spending Plan Item 23A ---- C PAULARIND AV Proposed Plpellne/Sawer Connectlon p BAKER ST � C S � h PA ULAR(NO CMANNEL {F0sl * ro Ittlu��i��rflB�Imrae�e�liye�ll�na�Nea�� `��p`'0 � � pro+�%kph ro 8 waa++too �y sa 6Y�yroro'ro sro«'p `� tl 50(5 1,000 � 1 i Feet ARLINGTON Dpi " % Al � 'Y Jt3HN SAN7AANA ARPOAT COUNTRYCLUB "+p Ah4 v Legend " PROPOSED � DIVERSION MIIIAA Proposed DiversionPipeline '4 STRUCTURE pili �xistingSeweriine p��,"o�' 'a w■rr.■ CCFCD Drainage Facilities fir' 5�•*�a`:.^` \, r!'rr -..� City Boundarlea + ,,;.,-.•,-:• ;.,: . Location Map EXHIBIT 1 SANTA ANA p�1CityCouncil Agenda Date Project No, 16-6467: Santa Ana Delhi VPORIICWORKS AGENCY December 6, 2016 Channel Diversion CITY OF SANTA ANA Exhibit PROJECT 16-6467 SANTA r DELHI CHANNEL DIVERSION PROJECT PROPOSAL BR) PW110SAL TOCITY COUNCIL OF THE CITY OF SANTA ANA REQUIREMENT: The undersigned bidder declares that they have carefully and thoroughly examined (1) the location of the proposed work site(s), and (2) the Contract Documents including all Addendurns, Standard plan and Specification, Appendices, Permits, and their requirements, etc.„ and hereby proposes to furnish all labor, material, and equipment for the work required to complete the said project in accordance with the plans and specifications for the unit price(s) or lump sum(A) set forth in the following schedule: For any work, regardless of the magnitude, not specifically identified as a lump sum or unit price item listed below, the casts associated with this work shall be included in the items of work, listed below, and no additional compensation will be allowed therefore. Item Description Quantity UnI Unit Amount 1 Mobilization obilization 1 LS $ ry 2. $�y CG"C'. d.�aR ..'. G 1"a @ 2 Clearing and Grubbing 1 LS $ t>A�,r,� , iy c=�}cr 3 berrratering 1. LS $ 3�4c� , < t $ t hOf Kj, 4 Site Unclassified� 800 CY Excavation* ation _..--7600 CY $ Vic, ,wt" 6 Structural Excavation 6 Structure Backfill 2008 CY $ a,1 „- $ r7jtY 7 Unclassified Backfill 1000 CY $ l ra„ � $ Shoring _ 1 t.:a t:i6m L'Ch $��'�pfcrt 9 Channel 1 LS $1 ynrett $ j rf +r+cy sCt I mprove rnents/Diversion Structure 10 Pump Station 1 LS$'jtk°prr - $ 7600e ,, 11 Cham Link Fence 900 LF $ Uty of Ann t f*rrn Gt 8643467 Sapta Rx+.�+�&n8�P fI rlivtar�� .r¢ ('.a:j��...aa 1 f�' E�iC7 - <)€:#oh ar �, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 r M alPeOJECT PROPOSAL (4DDEMUIT y t iterrr Description Gtuantity Unit �- Unit Amount Price 12 Chain Link Gate 6 EA $ 13 Decomposed Granite Access 400 TN $ z $ Road 14 14" PVC Force lain In OCFCD 1000 LF $ $ ROW 15 34" PVC Fprce Main In—Costa 3$40 LF VJ,,.- Mesa 15 4"` PRO *1VC Siphon-_ - _ EA $ �o $ `iatar, *14° PVC Forced Main Installed 10Deeper Than 1 -Fort But Loss Than 3 -Feat F191 ^Pothole Utilities NotShown In 20The Contract Documents *PCC Concrete Sidewalk — 400 SF $ t c3, $ rt Q *PCC Concrete Drive Approach dbtl SF $ tot,, $ it_ s y. . 21 *PCC Concrete Curb Ramp 400 SF $ t 2 a $ Lt 22 *PCC Concrete C&G 500 LF $ °� �, � $ 12 , ` co 23 *Asphalt Concrete 1000 Thi $ qs, $ 24 .._Asphalt Rubber Hot Mix 500 TN (ARHM) 2 *Adjust Manhole Frame & Cover 15 EA $_ 5_.x,.,. $ ?, to Finished Grade 26 *Adjust Water Valve Box Frame 15 EA $ $ j� rr cam. and Cover to Finished Grade 27 ' Trattic Loops 25 EA $ 5oc, . $ 12, acv, r 28 Project Information Signage 1 L _ $ � . � $ 29 Gr rd'an Finish g, —Irrigation, and r___I LS $ , lid $S Landscaping' TOTAL BID $ % ?> The lowest resoonsiible bidder shall be selected based on the total baso~ bid. Coity o8 c;,mta Awa 1 ProjeCc 1r+ (3467 84iniv AnPtaGVi ri Omersion Pooled ! RF810 (ktuber 1 rite CITY OF PROJECT fa 16-6467 SANTA ANA DELHI CHANNEL DIVECS10 PROPOSAL (ADDENDUM ONE — JULY 22, 2016) The quantity for this bid item is shown for bid comparison only, This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications, The City reserves the right to Increase or decrease the quantity of this item accordingly. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIQLNTED DAMAGES u The undcrsitned bidder bereby proposes to complete the Work for the total base bid antount shown above, within three hundred (30D) wocking cls after the commencement date stated in the Notice to l'mce'ed, o The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 or (lie Standard Specifications, shall be $3,000 percalcndarday, Signature of BIDDER Title -T-VP- n to ELL - (if i (if an individual, so state, If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof,) GO, of Snnia Amt F Prcjnd 10.646 " Santa fi V1104VIr, Divemor,,Projed J REDID - Octolew y PROJECT NO. 16-6461 Y (ADDENDUM PROPOSAL r µ f b, BIQDER�LST AT __t MLl,rr BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public 'Forks Agency Executive Director or hlslher duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with tire United Mates postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bands and certificate of liability insurance within ten (ila) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned, BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are stalely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The KIDDER also certifies that the bill is a balanced bid. In accordance with. Section 7828.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of y^���� Firm ) kA t2%0 V'-- t PC E (if an indi names of name of thereof.) vidual, so state. if a firm or co -partnership, state the firm name ai all individual co-partners composing the firm. If a corporation, corporation„ and names of President, Secretary, Treasurer and rsa y of riaiit:a Putin J 6'ra.jecl WMAG7 :i�ai°ita Tari"a -w�I .. y, s+ l ElvnrwioiI €'rrjr:ct + RF 81r) - Ck:tobi lr t, 201 t CITY PROJECT�' SANTA 'i 16-6467 SANTY. 4 M .. (ADDENDUM ONE — JULY 22t 016) L0N`rRAC'Tt)IV% LICENSING AND RI GISTRATION STAT ENLENT The undersigned contractor, or corporate officer, declares under penalty of perjury that hefshe and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name:'! Business Address:C' Business E -Mail Address: l 1 Telephon State Contractor's License No. and Class: , 2> t ).=7 / _:,�# / C.t�1 kle, State dept. of Industrial Relations (DIR) Registration No,: , State rept, of Industrial Relations (DIR) Registration Bx, iration Date: c� o ;)c- 7 1._4 i.p Signed Title: t} f? E �j Cs k�' 10 firm#y of Santi Ana 1 Prtajec; 16-64517 `arv(a An ?T1al Diversion Prujod I }3['!31[3.,. ot-tatier 7.:)()j(a CITY OF SANTA ANA OJECT NO. 8467 Yu W:M y. DIVERSION PROJECT PROPOSAL (ADDENDUM ONE — JULY 22, 2016) PREVAlLINCI %%AGF COMPI.JANCE AN llv10N1FriJltlNt➢ STA"I LMI:N IF Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, at seq.. {"Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works'" and "maintenance" projects, Since the services are being performed as park of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diems wages in effect at the commencement of this Agreement, Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execrate the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, Its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Narne of Firm Signature of BIDDER Title (if an individual, so I.— ..a V -t e,.: -r C) C t:= , I p C, City of Strw4� Ana F Project '16-6467 ntao AneF) tgir a-' rl Diversion Project d REBID - October 7, 2016 CITY OF SANTA ANA PROJECTR . 16-6467 ry PROPOSAL 'Y. T ONE JULY f S-1 A tl_t)F CALIFORNIA ) ('01INTY OF ORANCil". ) SS_ C1 I OF SANi-A ANA t D tNDI VIOUAt. iflat he"she is lite Isarrly making the larregnittg pmlx Nil: C] PA7d'INERS}IIP 111an ttcyshe is a member or else ca-parterm bip firm dasggrwted as: lend WtNn tbati tax"ii aftl is dul)' Yesled wi'dt the tnlhurityW tit mai-v° Pntd excA,,utc insitattH;tnis for Ilia co -partnership by; tvlto rratrditrtu lin. otlnr ratcxntaceS of ttte W"prtnaa 1-11 -p-, _...... l CORPORA'I ION rbm lie is al? a 1k97poR dan -, iIiCh Is making the foreppia g projw kk [j JC14N-1V1 7N I1jul: 111 i tic is of., orr4 or lire pndiv% making cite fere-ring prraFinal as a joint vcalharc. and tita hel'she I'Las hews sad is dtnly scstvct vmittt t.tte amth®ritp tat esmcute InsItfli Ams Jbr an on iwhalEaEt€tc parties rn URg said bid wlw avec that suede a bid is gelluirle and not collusive or share, and has not its any manner sought by collusion to Secure any advantage against the City csf Santa Ana or any person interested in the voscdd c iti rat, for liiltlself or any ofhcr flersols. Signature of44utid6 -- A Subscribe' ale worn to before me this day of �G Signature of offlcer Administering Oath (Nolaary I'alhl"rc ) City of Saha Agro i Project 166467 Santa Aiio f8 C. „t a .l Diversion Project 13T81i7 - 0atApr 7, 2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �u*,�e� t :ac��sc�acr;�rr:a:sx�xrr^•'" ,,;rauscar�rre A notary public or other officer completing this certificate verifies only the identity of the individual who signed ttre� document to which this cenilrcate is attached, and not the truthfulness, accuracy, or validity of that dncumant. State ,of M Date personally appeared f Wore r t2, . '� . _ .y �r i:�l- h n PFJ ^ileao�d aseriName a Title of the Officer of who proved to me on the basis of satisfactory evidence to be the person,Wwhose name'0Ilw - s scriaed to the within Instrument and ackPhi td to me that t s�2i ttiuuav execrated the same in p r autlaorixeci capacity tinct that Ignatu n the instrument the person{5?;'r the entity upon behalf of which the persoatexecuted the instrument. tf°�SAtFCfia`iVELAFtI7E F Camanlssoon 0 2045564 ftooiry Pubric . California orange County M fry Comm. Npores Oct 29, 2011 I certify under PENALTY OF PERJURY under the laws of the Mata of Callomia that the foregoing paragraph is true and Corn t. WITNESS my t rad and officla i. Sigatnture � ... Signature of Notary Public Place Notary Sacral Above Though this section is optional, completing this information can deter afteration of the document or fraudu/ent reaattaachment of this form to an unintended documarat. Description of Attached Ao ment Title or Type of Docurraent: i ` at L 3 ti baeurnent Date: Number of Pag7es. __-- Sig a�ar�.) t?ther Thnn htanictd Ahaave. T_ ___ Capmcltyriies) Claimed by Signer(s) Signer's game: Corporate Officer — Title(s): Partner — Limited general Individual Attorney in Fact Trustee Guardian, or Conservator 01hAw• Signer Is Representing: --_-- Signer's Name: - ---- Corporatra Officer — Trfle(s). -- _-- Partner — - I_Irmiled I gaaneral Individual Attorney in Fact Trustee Guardian or Conservator • rtrn�, Signer Is Representing: e3£vvf�Ne4^SxY.'X+w. 7EYGbRS[HPa#'r "4:'3C`e.'* i `%3i�'4R."+<'4'r:xM:.4>Lr Fs« 4'V'S%{ia~a'F:%'dr. ' 'L^r.:<?Fz'�FA r�.L.Y>a3I C)2014 National Notary Association - wwvr.Na6onalNo1ary.org 1.860 -US NOTARY (1-806-878.6827) Iten7 115967 CITY (A, S'AN't A AN A FRUI N0, 1645467 SANTA ANA DIJJjF litvj,'RSION PROJECT PROPOSAL W) RUNI) .................... x'�()vq.m 1 tjjat --- --- Lonerock, Inc. The 0hio..Caswilty Ipgtr�.kKqj�qk7)pary. . ........ . . !L' hoed and ;ID 11) bOURLI tMfLP I,t1e J*F' (* SAIN I A ANA, in Ike ptlmt 5U.nl 01 Jon percent of the armunt bid r 11)) 14s 5 -10(y which s tors rr'wcw III !I w 'r.)Ul;Jjlljjutlt 60 hn III I MHA io A( jliV.'Y ![Yr kilo pwtYjcf I. fill. die raymol.l. 41: 0. i P;$I-n1, ar'd M RI: VY FIc7 wund' joinfly x1d by 1H 'Ll I 1 0," 01. '[111"; kAIIJ� I:1., ION ARE I 111-K, vficivoz� MHAA R is i0how To 4 . i' 'I hid 10 A 61 'INCY Or Ole i,bo% �-ICLCA,!d rrqiL0. it ,,dd bid ii ru;NLied, ar i I' wid hid is fLCVJJWII 3FKI 4: 15 :.mzjrd­;I aild :,,i11vvvd ill -o liLW)I%Fi� ;11 'i'lO ;Ijollrwl. Iind ")Q4iriwd. then :hi.; 5[Wll ShItH ir r,111 rowel- avd :1I lilyoz IN ',1_1 NPtiS ;Lou I I HLMK,v, L i4:i� )i October 16. Lonerork, Tnk: DTqqa PWa*mv*-, Asi de nt The Chio.Cazua(ty 1psuram:e..Comppy ..... ....... Dean C. Brown, AttairliI-In-Fact !L! Ilk! - ------- ---- - .... - Noi,iry ViAdii: in mId ix)f 1,11%. 0, s txw o r ....... J MQJ'honk: rwrIlL,-1 mnd dh:oalll:% tali' ' w1d IMIT110 ohllwrii,�:d li'i7:'L'SCI1SRiR C. 11-7 o C I THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Paver of Attamgy limits the acts of those named herein, and they have no authodur to hind the Company except in the manner and to the extant herein stated, Certificate No. ±+strew. American Tire and Casraayly Company Libariy Mulual Insurance Company The Ohio Casualty Insurance Carfrpany, 'Nest American Insurani a Conlpady LW 12973 l?"Ictz '1801 Ala POWER OF ATTORNEY KNO Nd ALL PERSONS BY THESE PRESENTS: ThatA norinarl Foe & CasnraNy Ctn'hauty and The Ohio Cosurety #nSutasaeCompany art carppr95M, duly organized urnder§Ina larrsoi the Slate af done Hampstem, thattihonymulual Insumuca Consymy is a torppratimY duly, organized v�idarthe lam cribs State at M.aSaaeFWSatls, amt Vve5lAreencare insurance Company is acorpaesWit MArrog#asiaed underme laxa at It* Slate 09 9ad§anattrar#n tla&tivcafy card mo "Compnnitfl, pursuant so and by auUnrrityiismin setfodh,dooes hereby name, considers aratap'paNit.. allot VIP city ofL41y& {M.€kt t State of _CA_ such individually 9l falls be owe Chas lie named, its true and lardul ananviyan-fEct to rrsaks, ozecutir, will. acknoveadge and debar. for and on its behalf as surety olid as IM aacr and decd, any and ad b0r95, racagnizarroe%and rflhaz surety ablkgalirms, ua.c0clyJamb,of these presents and shall be as Balding upoce the Companies as if May boas been truly, *nad by Me president aid atlessid by peg Sncre§wy of the Companies in their asci proem persons Ila "TRESS AKREOE this Pru -ser at Attorney has tatca subscribed by an aatitanaid offroir or official of Ilia Companies a1 the corporate seats of lice COftool dos have Mean ati(ed 9heroUa deb nndays[ May , ,uta m AmerVan Fire and Casually Company 10 The Chia Canuoli Insurance Co tWrany 0 Ubaly Mufured Insurance Company `A+2sl lia'piican Insurance Company UY ' :. _. Hyl.. x'...-,!''�*t" Y w. STASE CF PENNSYLVANIA sS DaardM Careg!Asastant Settotary re x3` as COUNTV OF NONTGOWRY D a�Y tit this au7 dayor PAaV ??11?,,, notate tern personalty appealed David Wl. Carey, vda9 ackrxxvladgad hunted fo he lha A%.sislant $%m1rusy of Americas Eire and cY do Cawaa9yCoirparsy.. 1,60o9Atelual Merest" Cpmpmty, The Ohio Casually hasuroncs Company, and My Amarkan Insurance Company, and inat he, as slit. hemp astsenced so to do.y,LU �,.n uxYyeuta Iva faetrgzo-arg inatnrmard for dm purpose%Rhkrain contained 6ysigreng an tatnai9of§lYs eagxr5tums,byhimsalfasadury auihodzedaifitsr 1: da INUTNESS)IIHEREti3F, lhavetwounGo subscribed mynnues daHrad my§la§aA'IJlse ar Pyonauth W#.a9ng,. Ponnsylvan7a, an thadap and ytarflrat atonia writtaa. a Teresa Paslelar Notary Parhlla D - C � and A§fllYpnzalianS oiAmsn„an Firs and Garrfanny. int !Shin Casually Insurance This Few ofAtNamayis male andoratu[ad piirsuardfu andbg-dulhar9yalttss toik>vdreg lTy=h xyw N� co y Gompsny,tibuly Nz uatinau anct Camp any,adV@slAleicon ln5 asn Commumufiicn espluwn5aa sum full kneeled effect marling miaNaur ARTICLE IN-OrFICERS-Seclem;2, theCarpars5l;ra aJwxizedforihaflumb) ssmtisiCmgbymaGhmlmanorMePresident and subject Gr 'CT at to1:9 sash srriarlin+n a51Mo ChairrtuxrY ar the Prasidant m.9y pra5raaba, shay appairH susW al§omaystm•Raal. as 1»ay Ve nscasaaary to act la VeltiVf pi Ilia Cnrplusilall tp rmAs, axeoulr, sera ackl'atsdgaor+ldaimnrasSurorytryanderrurxtar9aiu§g3,.lYands.rtcapruz t2sandaihersurdyebrigalmns, Such altomayadn-fack sarbloctisVia saala5onsssriorl)ntoomit reepecuae aa" pavmr5 of atlonsay, $1109 two full war to blind the Corporation by thou signature and axsaution of any such irrstmma§nx and to attach thereto tins said of Ise Carpaxacan. Vft] $0 . � of execaned. Such inslnamords shall bs asV9ndmD as(I4nad by the PreskCent and ahesled fdby gra Secretary Any slim or adirnbygrarstod to arty reprerentafiue of attamag•$t-9actYmdar :v c7 the provisions of this arddir may be revoked al any rima by Mo Board, the Caraimtan. Me Prasidunl or by th"Ificcer or afflsom gairibl g such poaeror aultholhy, 04 tb U ARTICLE Xifl-E)aculioi of Contracts- SECIIMS, Sandy Ciandsold jade takkN s. Anyotfidorblt55Campany a 0hrecd'forthel purpose ulyrri9ingby the c7Yeer mlM Rr the president ' andsutgaci an sua9sim+5atidns a5 the alptu,rafY arHse ToSskrrsnf rrsuy pmscnYra, diuNi apprmnlC hBtlameyBtin L uStnsybR 0=414, t- ry sea d if ovale 0l and do5wr as surety any and all her &S, tCrAgnizar E$ and alhor Surety ob`gairers $ri h sut} W to Via 4n6t3tinnS sat feilli in their �p esspacrtvapcvvrels of,allotmy, shelf have full pontertobrid the Coagnaty by their sfgnamie and examisiorof any such mrsblrmernis arse to Afxh Weld 1hrsea] of the Comisg, Wean so p� ewectfled such msluslooRsshall be as bd4ling as dslVied byftro president aid arrested by Me srxnrlary. Caalif tale of DnslgnatMn - Tata president of are Company, acting pur5uem tbtfrs 131fain of Me Gampany, s&sthadzw Wind 191. Casey. Assistant Secretary to appoint such alfanloys-ln- � r foci as may be necessary to act on belaif of the Compavy to rnake, #mule,sear, pCk ?de. arta driver as Surety, any and all andertakfngs, bonds, razrgnizanra5 and other suraiy obliaarans. Authorization -By unaunmdas consent of the Coadcany's Raaad of Directors.. pre Company Wants peal facsimile or lnrchamically mimirlmed %vgnakun i of any assistant secretary of the Carrgrany.dhareverappealing .upona. cruised copy ofany pow ofsttameyissuedbyneeConVankmicainoctkxivAt surety Verde. mea Lig valid and biralmgupon the Companyrtlh the soma loreeand oflect as though morosely Ahmed, t, Gregory W. Davenport, rite undeedin ed. Assistant Swelmy, of Aiair6can Fire and Casually Company, The Ohio Cassafi}^ Insurance Comicany, LibanyWkduai hnurarice Company, and +host American Insuvaanaa Company do Itmaay oodiy drat idle opitnel prtwsr by sdow), of aish ilia fmregoiag is a full. true and co eol copy of the Power of Attorney executed by odd Companies, H in lull fare and effect and has net b' ac"n revakCd, 2g 9N TESTIMONY P+vfEfiEQF.thaea harsunVt oak rryr bald arxf atflxatl the snits at Said Cgirnteni9atht5 �..�,..,—day a9 Gregory 9V Dauenpart, ASsi OWN SWMlasy LW 12973 l?"Ictz '1801 Ala CIVIL CODE § 1189 :�;r�rc�';raan�:�c�,2tsrese.rsrc■�ttzccz.cce:::;�.rnecm^,rter.�*acs:t�;rrs^xszcc,�:ercia'srr,4-,nt:r.s;':r�c'.r-.stat;Kaz;�s�;s.ra A notary public or other officer Oornplaling fuss certificate verifies only the identity of the individual who signed the document to which this certificate is attacredI and not the truthfulness, accuracy, or validity of that document. State of 10 Name(s) of Signers) who proved to ma on the basis sof satisfactory evidence to be th ersonWwhose naris s scrihed to the within instrument and acknowV ed to me tlrat(�asfaM aey executed th same in ti tirrlt Or'tiuthorized ctapacityflesi. and that �y �i# ernIalir°signatur�?Won the Instrument the persor1w, OF the entity upon behalf of which tris persoa actod, executed the Instrument. SA6iDRAVE UE any. Dommissipn # 20466 notary Public � California � Orantle County t Carom. Exptrss Oct 24, 2017 J I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is truce and correct. WITNESS my he t 1 1d and ooffficiallsse I. Signature J—nd' -'LI Sr'rdnalure of Notary Public Place N©taty Seat Above OP17ONAL Though this section is optional, completing this information cart dater alterntron of the docuenent or finaudulent reattachment of this form to an unintended document. Description of Attached Dor�,€ nt ,'��,. Title or Type of Docurnent: ,C „ l i Document (fate. y Number cat Pages:Sig r(s Other Than Named Above: Cepacity(ies) Claimed by Signers Signer's Nance: Corporate Officer — Title(s): Partner — Urnited General Individual Attorney In Fact Trustee Guardian or Conservator Otinec :Signer Is, Representing:. -- Signer's Name; _--------__—_-- — Corporate Officer — Title(s): Partner -- Limited i General Individual Attorney in Fact i'rustee Gtraralian or Conservator Other: Signer Is Representing:. . �++`f.'�' F{::S:s+64:s�VGA1[:Fa`rA✓."SiF'�rY u"+,�A'.xfL`ruC.�@K.v;R.''{�r.Y,;isG"1,'�:{iLI�":�3�%L"rill`xw(.S"%i�?y�iv'3`£"�2t.�"S�X�`�'S?eZ�i;�K"€+'v�.'.E-x'L'i 02014 National Notary Assedal ion w www, Nalionallotary.org - 1-$uD-US NOTARY (1-8W876.6827) Itent iP.rai}Q7 0 CALIFORNIA ALL-PURPOSE ACKNOWLeDGMENT CIVIL CODE § 4189 x41111aM4n�X40OW10Mx arx sex: sx c stxa a u A notary public or other officer completing this certificate verities only the Identity of the individual who signed the document to which this certificate is attached, anis not the truthfaalness, accuracy, of validity of that document. ;Mate of Call r 11 County of if 'k- n / on bi°Irrru mo, Date personally appeared Ja who proved to ane on the basis of satisfactory evidence 4issedbed to the within Instrument and acknowledged to hiskip Dair"uauthcrixed capacityjiW, and that b h h{erdtt i or the entity upon behalf of which the persoi ip cted, exec of Signers) to be the ersorAK whose nume,¢��isfffre' me t'hat�a uy'exoouted thud s orae to -signatureW6n the instrument the person : ited the instrument. I certify under PENALTY OF PERJURY under the laws of the S'ta'te of California that the foregoing paragraph 6a true and correct. WITNESSdrnyhnd and offit ial se i ,ytSignatureT w f Signature of Notary Public Place Notary Seal Above OPTIONAL '!`hough Mas section is optional, completing this information can defer altercation of the docurnonf or fraudulent reattachment of this houn fon an unintended document, Description of Attached Do N en k , Title or Type of Dccunaent. -F�tp' `t'!Gt -_ _ Document date: Number of Pages: Sjer j Other Than Named Above: _. ap€tcity(les) Claimed by Signer(s) Signer's Narno—.---._..__.--- Corporate Officer — Tltle(s): _ Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator ,Other: --- - Signer Is Representing: --- Signer's Nanta, _ Corporate Officer — 'latie�(s): Partner Limited i "General Individual Attorney in Fact Trustee Guardian or Conservator ntfirw Signer Is Representing: , 02014 National Notary Association, vmw,NotionalNotary.org • 1 -800 -US NOTARY (i -8i 076.6827) tam#59W a CITY OF SANTA ANA PROJECT O PROPOSAL Lq{ p g/yyp }}� y �v/�}��p��yy qq(YArDyDyENDUM ONE _.JULY 22, 2016' t.lIS F SSUII-tvfJ1° r f FQRSRS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following arnount: o Streets, highways including bridge projects: !13% o the bid or S10,000, whichever is greater c+ Buildings, franks, or other projects: Viz°'/o of I'he bid Section 1725,5 of the Public Contract Code requires all Subcontractors be registered with the State Department of industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Memel tcif% ZX 1 License #/Exp• �l ~ oJ111 Its DDR Reg. #/Exp. 6v,,W Iry - .3 D71-7 Location C' e)1't e ,A- Phone3.�"r qg- Type Of Work e2 1-?ohe- ZLL/je Amount $ 620 Oct), r Name r JCca rr�C, License #/Exp ; F,6 i Ott} i0l3lhR DIR Reg. ##/Exp. l r, ot& k1r? Location , d Ic/ / f License ## B -22 Location C e: 0- � 57? e1e' C r3 Phone f, c:._ V ', -2,"C Type Of Work - Fc'rdC,,(r Z "s Amount . Name mo— Ave'lyci a'w. License #/E p. > DIR Reg. #/Exp, / aid c vv tjlll License Location 7 T'v 7ofii- Phone _ L)r Type Of Work,.? C Art aunt $ f 5�r�raattttre oE'�ir1i3er �..� Name t=�`relgec':,�jf License ##/Exp. g r tF3 I/ - it li- DIR Reg. j $ crce a ##Exp. C"€',t Location _ C7CiN A - Phone _ B -22 Type Of Work '146- (5700 Amount r* r t Name . Xr .ar t ' "acrd'f6 /rtti. License ##/Exp DIR Reg. / oe cx�v _;99 #/Exp• C6,/ -361 / 7 License a'# Location Phone s / cr 4t32_ > Type Of Work Amount, Name _7 L%rt3Ct lad2 s�" License #/Exp. r'7 ' f LfZ4vZ 7 DIR Rog. CJ€ C 3Ca 2 x + #1Exp, , 4c,/ I "7 License ## _ Location _ rrt _ ,_ 'R< Va s Phone 62�— '146- (5700 Type Of Work r* r t Amount a If 6-, c -ex, CITY OF SANTA ANA n { «. 16-6467 Y • Y 'tl 4 .w Nn.. PROPOSAL (ADDENDUM ONE — JULY 22, 2016) LIST QF St/t1- NTRAGT'43RS Section 4100 at, seq. of the Public Contract Code requires listing of alt subcontractors with the bid for all subcontract work exceeding the following amount: • 5'treeis, iiigliwsys indl+rdioig bridge ptsaj"t,sr %% orthe bid for $10,000, whichever is greater c, Buildings, Parks, or anther projects: '/2% of the hid Section 1725,5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name 1AA1„r� License #1Exp. -1-4 Y'24 — "�30 DDR Reg. /Exp, je Do&o 3r)'z. Location Phone7, Type Of Work tz�f Amount$ ,/ Z, cco Flame License #/EXP. DIR Reg. #/Exp. License Location Phone Type Of Work. Amount $ Name License #/Exp. DIR Reg. iExp. License ## Location Phone Type Of Work Amount $ S w� Signntirrt ari3tclttar 41 Name License #/Exp. DIR Reg. #/Exp,. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. i#/Exp. License # 9 Phone Type Of Work Amount $ Name License #/Exp. DDR Reg, #1Exp. License # Location Phone Type Of Work Amount $ s,,. I; P' of P-17 PROJECTCITY OF SANTA ANA yy �l' 16-6467 PROPOSAL M F (ADDENQUIT Ow ttETtillE NM, The fallowing are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past threeyears, 1 . L.. ;. r"r �d&' +�, wri4 H E4 I'"'i.$ £°¢—%} f' dl's >" . ti:i:i lr f?✓�"a✓'."/3— C'._t�— i?'4%t Name and Address of Owner: "ta l3 1J- S ,?tit - 7Sat Y217 ` t Ott ra _ 061 ea Name and Telephone Number of person familiar with project. _ Contract Amount Type of Work s Date Completed g , j e I ey a4"','t'c =s lay d�..� �'i`F1 AiE:d V'Oel S� Name and Address of owner. _ate $tlr'✓{a '1 a > — Name and Telephone Number of person familiar with project, r y' .r' A*as tai Y@�J3ai SF ' Contract Amo unt p Type of Work Date'Completed Name and Andress of owner. Name and Telephone Number of person familiar with project. 'e-?x- Contra�7ount Type of Work gate Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. r.�^'t?F'-�'=' ,' .,��., �-^L.��'+°�.,., +.. .R--.. ,�xx<adr'w' ;`✓'^�.�✓l';ti t'Pa:� s'�t �t`""t." C.%�f° y� 1,.�.� Ortr of Santa lana ? Vet jert 9{'x 461 inter Anp, ")f ;'Dy ryl f Dlversw Prrjert 1 REEND ND - 0dober ?. 2016 CITY OF SANTA Ai''waA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PitfyAl+:+C",T —100110 PROPOSAL LU- 1wAt6�i*U The following are the names, addresses, and telephone numbers for ILIREF putrlic agencics for which the 13117DER has performed similar work within tire past tdrree years, I Name, and A9dreas or Public Apacnm City of Costa Mesa 77 Fair Drive, Costa Mesa, CA 92626 Nit nic and reARcplxoWw NWrmbcv ofpy sun tmniII T whh paofcca Tam Flanks T: 714-754-5222 M: 949-413-0618 k"r+uicst Nignu>, t,nazuitott, send Laic rroEt ampleiieetw Industrial Way Water Quality/ Storm Grain Improvement No. 14.0 in Costa Mesa, CA Completed May 2015 - ta44{4ii4ea taCSl,r7pWtdPn Urrk(1j6L'4 �m��� v This project consisted of construction of approximately 1000 linear feet of cast -in-place reinforced concrete storm channel (Image # 9, 2). The project also included associated cast -in-place reinforced concrete structures such as catch basins, manholes, and Inlet anti outlet structures (Image # 3). A reinforced concrete diversion structure was constructed partially cast4n•place (see Image # 6,7,8, 9) leading to a precast CGS unit (similar to the Santa Ana Delhi Project) (see Image # 4, 5). The purified water was then diverted to a 144"' dlameler pipe installed by Lonerock (sea Image # 14), This project is substantially similar In size to the Santa Ana Delhi Channel Modifications as it was worth over $3,200,000.00 dollars and Included over 500 CY of cast -in-place concrete. The size of the project required use of large scale equipment that would be used for the Santa. Ana project, (sae Image #11-13)' This project is substantially similar in scope and type to the Delhi Channel as it included : construction of reinforced concrete cast -in-place channel with walls that carries storm water by gravity. The major difference is that the entire channel was constructed for a long distance, unlike the Santa Ana Delhi Channel modifications which are for a smaller distance and only partially modify the Channel. This project included a partially cast -in-place diversion structure (image # 6-9) that serves the same purpose as for the Santa Ana. Delhi Channel„ and is thus substantially similar. The structure diverts flow from the storm channel to be purifted In a CGS unit. For the reasons described above, this project helps satisfy the minimum requirements for the Santa Ana Delhi Diversion Project. The project satisfies 8 months of the 5 year requirement of history and experience, within the last 10 years, of reinforced concrete flood control channels and reinforced concrete structures. It satisfies one of the required two projects of reinforced concrete flood control channel work, of similar scope, size, and type of the Santa Ann Deihl Channel project within the pest 15 years for the reasons described above. This project also satisfies the requirement of one project including a diversion structure, as described above. The majority of the project experience is cast -In-place concrete as the attached Images show. Athach 4 - 3.x 10 Photographs showing each phase orconsiruction. Pea 01' 1' -Ila City of Same Aoa i Pr Ler 1C CAG ;9iwa Ana tint , la"nel Diversion 1 mxtit t ! Addendum Molal - Ockober'1 2016 CITY OF SANTA ANA PRO JECJ' NO. 16-6467 SAN°fAANA DEJ,JJJ CHANNEL DIVIERSION PROJECT— REBID PROPOSAL REFERENCES The following etre the names, addresses, and tdicp'hone numbers for 'THREE public agencies for which the BIDDER has performed s6mitar work within the past three,years. `7 Naeatte aanat Aatdrcns art"uhtis x1(wncy — Port of Los Angeles 425 South Palos Verdes Street, Sen Pedro, CA 96731 Natwa:4had'NivpolumsNainherof1wrsonfamiliar with *rojva Carlos C. Sairlenegro T: 310-732-3053 i'lxajrv;�t hdavtr�. I:arCaabrau, nand i7nti ait'tam�ls+cion Berta 145-147 in Wilmington, CA Completed May 2013 - tactaited Ihsertytt`son aFi�ru}m The project largely consisted of construction of about 2,000 linear feet of cast -in-place reinforced concrete stoner channel (see Image # 15). Lonerock was also responsible for construction of other reinforced concrete structures including a ,partially cast -in-place diversion structure that diverted flow to a pre -cast CI3S unit (substantially similar to the Santa Ana Delhi Diversion Project). Other challenging parts of the project included a reinforced concrete storm drain outfall structure (see Images # 17-20) into the harbor. A large cast -in-place reinforced concrete manhole structure connecting the outfall was also constructed (image # 21). A reinforced concrete structure was constructed 12 feet sander ocean water (Image's # 22.23). The project also included a design -build Custom pump station (Images #16, 24-25). This project is substantlally similar in size to the Sante Ana Delhi Channel Diversion Project, Lonerock` work was worth over $6;000,000.00 and Included over 1,500 CY of cast -in-place concrete„ larger than what is required for the Santa Ana Delhi Diversion Project. The project Is similar in scope anti type to the Santa lana Delhi Diversion Project as it required construction of a gravity driven cast -in-place reinforced concrete flood storm channel with walls. The entire channel was constructed, unlike for the Sa'n'ta Ana project where it is partially modified. The project also included several cast -in-place concret structures, a diversion to a CI35 unit, and construction of a purnp station just like the Santa :Ana Delhi project. The information above shows that this project partially satisfies the minimum qualifications for the Santa Ana Delhi Diversion Project. The project satisfies 4 years and 2 months of the required 5 year history and experience in reinforced concrete flood control channels and reinforced concrete structures in the past 10 years It also satisfies one of the two projects required in the past 15 years of similar size, scope, and type of the Santa Ana Delhi Channel project. The majority of the project experience is cast -in-place concrete as the attached images show. Attach q — U i U Photographs s110awin6, each phrasc ofconstruction, r JJ nel iG i:ily trf;saCtt4� Ana t a'rrjac„t 1e, 6467firrnt,�arzaa ,ani a�� rhrsnrat7avrsraeiarp}zc4 f dwIdr,*txria➢rrt FrgTvi C7r;tsr'cswt 1, 2015 CITY OF MAN'I'A ANA I'12t9JECT NO. 16-6467 SANTA ANA 191%!.111 CHANN11.191VERSION P12t'9JECT— [21^,13119 PROPOSAL 'lite following are the names, addresses, and telephone numbers for TIiT �2EE public agencies for which the 1311' DhR has perforined similar work within the past three years. 3 xarrie and AddVess Of Mia}aic .Arreecy Irvine Rench Water District 15600 Sand Canyon Avenue,, Irvine, CA 92618 11d1t 1ctL^rlte0ebp Nu[Ikt4Cd UrtX"CSp@' @277mm SVli19 ixliC4i Kevan Brandt T: 949-923-5211 troCCYie'+Ci NC?®l4`, a/t1CA6riY85 r-0 1114 Of 1.'1bkTbjlri7tlCi15 Natural Treatment System In -Line Basins in Irvine, CA Completed December 2.007 .�. muiilW Ghpw�6ptioll Of t'ali**ct �.._.........� This protect consisted of constructing cast -ire -place reinforced concrete weir structures in Peters Canyon Wash Channel, San Diego Creek, and the Santa Anal Santa Fe Channel (see Images # 26-36). The purpose of the weirs was to slow and divert the flow to other sections of the channel. The weirs consisted of a cast -in-place reinforced concrete foundation that ran up the channel slopes (image #26, 27, 29, 30, 31). Removable, sliding weir logs were installed into the reinforced concrete to adjust flow rate or divert flow when needed (Images # 23). Reinforced concrete modifications (Images #32-35) were also made to the existing reinforced concrete channel structure to accomodate removable aluminum weir logs and divert flow. This protect is substantially similar to the Sante Ana Delhi Channel Diversion Project, The work was in channels, that are larger in size than the Santa mita Delhi Channel and experience much grester flow (linage # 27, 31,36). over 1,5541 CY of cast -In-place reinforced concrete +,vera required, which Is more than the requirment for the Santa Ana Delhi Project. The scope and type of the project was similar to what is required for the Santa Ana Delhi Channel. Cast -in -Place reinforced concrete' structures with metal pieces were required to modify portions of the channels (similar to the Santa Ana Delhi Channel) to divert flow that was even greater than what will be expected for the Santa Ana. Delhi Channel (Images # 27, 29 31, 35, 36). For the reasons mentioned above„ this project partially satisfies the minimum experience requirements for the Santa Ana Delhi Diversion Project. It satisfies 7 months of the required 5 years experience within the last ten years in reinforced concrete flood control channels and structures, it also satisfies one of the required two projects in the last 15 years in reinforced concrete frond control- The project satisfies the: requirement of one project with a flow diversion structure (in this case many). Included as supplementary Images are #37, 38 which show a project in Huntington Beach finished in February 2007 which included a RC storm water channel for which a large RC structure was constructed with tall walls like what Is required in the Delhi Channel. Contact Doug Erdman at 714-374-1735 for more infer, on theMichael Drive Storm Drain Bypass Frit. Attach 4 -,8x 10 Photographs showing each phase of -construction. 1-9C of Cry of &nata Aro) PlareCt 15 6467 � klf-117 Aria Ddij CIian�� M Erre ridlrin Ir"fojecr t Addencilial Ligid - October 7 2016 CITY OF SANTA ANA. PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT —REBID PROPOSAL Provide the manes, addresses, and telephone numbers, below, or all barkers and sureties from wlanan floc 11IDDER intends to procure insurance, and bond& 'I c ' ,f-Y,;e;R:,. ?'OtJo +'APP ✓tst,: e+^':++7a'+�',:. �,� Ls/C �*, �,y a'i.G.ti4+I /{`+.AJC✓,�?-f�p..f P'.. �--. 4..�.)�-9p`.+/,v d ly,7, r /J�Qi1 f-:�t� C",",���rt„s "'�a;�.�t•a,+�,-T �'�,i.Su`.�"'7�� F-` �""�7t�',9� PL 4F cvs, 82— Cidy n#:3�a7i� �ua7� + r ie�r�acR t � E:r?aai Wv:rt�ia fa,� t7n;l�ai a. i��n�l f7iuersir�r� 6'�'��r;;d t la<�d�'ratiurn fir}hf - ("1rArrUt� ;' n"C71b CITY OF SANTA ANA PROJECT M PROPOSAL (ADDENDUM ONE JULY 22, 2 ?16) AD DfT[QNAl, fit?Ft'iil2is` C S The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subggritractor has performed street improvement work in the past 5 years. Alem Name and Address of Owner, Nam ,a and Telephone' Number of person familiar With project. ____'��7 d4,b:f5yiu". / --�n en DatkJ Cd..A1,7- Contract Amount Tyre of Work Date Completed Name and address of owner. l« M, /I JJ 1', r — 56,E r /,7 r,, 2 6 Z Name and Telephone Number of person familiar with project Gti9 & 7 r£ fes' PAW* a Contract Amount Type of Work Cate Completed r " 1C r£�`iT.�y tiA a�a.,&T�t'�-� t�t "i�/�7. +�+?�a� L+'p" fid( Name enol Address of owner Name and Telephone Number of person familiar with project.. S f . ✓ ri a % �-, ,hod -p poi' -?'o6 ! e 'c-)6'. Contract Amount Type of Work gate Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER Intends to procure insurance and bonds. ?',at`' o2ta,y ice City of Sanla Anna £ Projed '16 -#AW Santa Pip[ +'� fJ�F a3�1 Lliv�rwi�r1 Prop 1 RFUID - 0c9ober 7: 2016 Cc €sir -6t :rsia (r: a ALL WATER DISTRICT ('ASI' WORK RIslatiCfF:PtiCES Rialto Water Services Remove & Replace ca locations 6437 N R'ivemide Ave Contract Amount, $36,695.35 Rialto, CA 92376 Completed: 1114/16-41,30/16 Contact: Stephance Stafford, (909) 820-0800 x 53.301 Moulton Niguel Water 13isirict 27500 La Paz Rd Laguna Niguel, CA 92677 Contact: J im Sampson, (949) 795-6880 2A Yard Parking Improvements Contrw Amount: $70,050,00 Completech 1011115 - 3/3 1!16, Rialto Wnta:r Services Remove & Replace 12 Locations =437 N RiveNkle Ave, Contract Amount; 529,032,14 It ia,llo, CA 92376 Completed, vi/1115-9/30115 Contact: Stephanee StatTord, (909) 820-0400 x 53301 Rialto Water Services 110 Locations Chrvidc 437 N Riverside Ave Contract Amount: S 108,790.00 Rialto, CA 92376 Completed! 2/1/15-6/30115 Contact: Sicphanee Staf ord„ (909) 820-0400 x 53301 Yucaipa Valley Water District 35477 Oak Glen Rd Yucaipa, CA. 92399 Contact. Linda Kilday, (909) 797-5118 Pico Water District 484:3 Church Street Pico Rivera, CA 90660 Contact Mark Grajedaa, (562) 692.3756 Santa Maarrim Water District 20111 Antonio Parkway Rancho (Santa Margarita, GA 92688 Cniatact: Dia Bader. (949) 459-6576 Mouhon Niguel Water District 27500 I,a Paz Rd I,aptam Niguel, CA 92677 C;e inaca: Jim Sampson, (949) 795-6880 Gravy Street Road Replacement Contra et Amount; ." I1,779 Completed: 827113 -- 10/31113 Manning Inter -Tie Project Contract Amount $155,555.00 Completed: 811111 - 12130111 Tortola Dam Upstream Slope Contract Amount: $;181,000.00 Completed: 1211/10- 1/301 Cabot & Crown Valley 1'arkvvaaF Contract Amouni: $64,500,00 Completed: 511109 - 5/31/09 CITY OF SANTA ANA PROJECT N 16-6467 A Sla JY f PROPOSAL . A OS V y (ADDENDUM . ti ® #.,—JULY 22, i. K (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bad is not made in the Interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation: that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, ,and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid„ or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or Indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bidprice, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained In the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or tier bid price or any breakdown thereof, or the contents thereof, or divulged''. information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, Note: The above hien-collusion Affidavit is part of the Proposal. Signing this Proposal an the signature portion thereof shall also constitute signature of this Non-colluslon Affidavit. BIDDERS are cautioned that making a false certification may qubjectrthp certifier to criminal prosecution. Signed i u_4 s 1 State of California County of a z_ -at it GE Subscribed and sworn to for affirmed) before me on this day of __, 20. , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal City of Santa Arta P Project 16-646Y ; lMa Ani�Ur jrdf i t ri vemon Project 1 REBID - October '1 2016 CALIFORAIAALL-PIIRPOSE ACKAOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the decurcent to whicfr this certificate is attached, and not the truthfulness, accuracy, or validity of that doe riment. State of C county of 0 Date personally appeared before me, of Signer($) ,(t of the Officer who proved to nae on the basis of satisfactory evidence to be the MOW whose nanaofaay s scribed to the within instrument and acknow gad to me that a ber'TW executed the sai ie lin i, weMl eiilrauthodxed capacity, and that by lis betr signature 6n the instrument the persoay(sr, or the entily upon behalf of which the perean acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 5. 1 WITNESS my M d and oiilcial se Sr1ttDFP,o, rlEd.RPrJE...,,.. '. CbmrrtiSgiopa 2Pnfi5&d 4` x ,r Notary Public Cairf)rnia z Signature[ orange euualy x ' Spgrza#aura of notary'ublic Lamm. Expires nre �a Rfl, 4 Place Notary Seat Abode OPTIONAL Though tltls section is optional, crornpleting alis inforniafiaon can defer alteration of the document or fra2uddlent reattachment of this forma to an unintended document. Description of Attached po Mont -, '�bk,-('pl(r,S Vi N A.""` 1414 of Title or Type of Docurraent; !L _ �b� r Doc umeni roate, Number of Pages: --- Signer ) Other Than Narned Above:------•— Capacity(ios) Claimed by Signer(s) Signer'stVam a;.----_--- __-- I Corporate Offioer -- Title(s): ..... 1 I Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: SignersNanae:--- ------ — Corporate Officer — Talie(s)-_—__-- Partner limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: . --------- Signer Is Representing: 014 National Notary Association • Yrww.NatbnalNotary,arad • t -800 -US NOTARY (1-I800-8-16-l;tl27) herrn if59l7 CITY OF SANTA PROJECTR . 16-6467 (ADDENDUM O — JULY 22, 2016) NON-DISCRIMINATION CERTIFICKIT The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, calm, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are cniployecl, and that employees are treated during employment without, regard to their race, calor, religion, sex, or national origin. Such action shall include, but not be lirnited to, the following: employment, upgrading, dernotion, or traanster; recruitment or recruhnrent advertising; layoff or termination, rates of pity or other fiamis of"ccrnpensafion, and selection liar, training, including app rent! ceshit). The Contractor agrees to post in conspicuous places, avallahle to employees and applicants for employment, notices to he provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements ror employees placed by or out behalf or the Contractor, state than all qualified npplicints will receive consideration for employrnent without regard to race, color, religion, sex, or national origin, 3, The Contractor shall send to each labor union or representative of workers with which hedshe has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representativcs of the Contractor's commitments funder this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1465, and ofthe rules, regulations, and relevant orders of the Secretary of Laabcm S. The Contractor shall Rimish all information and rapports required by Executive Order 11246 of September 24, 1965„ and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto„ and will permit access to Inslher books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rubes, regulations, and orders, 6. In the event of the Contractor's non -compliants; with the nondiscrhnination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated„ or suspended in whack or in part and the Contractor may be declared ineligible for farther Government contracts or federally assisted construction contracts in accordance with prxacedures authorized in Exccution {order 11246 of September 24, 1465, and such other sanctions may be imposed and remedies invoked ars provided in Executive Order 11246 ofi September 24, 1965, or by rade, regulations, or order of the Secretary of Labor, or as otherwise provided by lave, City otGaoltaAoa! hojeclCas=uncut(8':rrfnAn*ry�%Afir 1Laive.pslorrt'rvlect I FtFRI-C,tcrabar� 2'016, CITY OF SANTA ANA PROJECT SANTA ANA DELHI CHANNEL DIVEVS PROPOSAL, (ADDENDUM ONE w.. JULY" 22, 2016) The Contractor shall include the portion ofthc sentence immediately preceding paragraph (1) and the provisions of paragraphs (l) through (7) in every subcontract or purchase order Latless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 or Executive Circler 11246 of Seprember 24, 1965. so than such provisions will be binding, upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance: provided. however, that in the event the Contractor beconnes involved in, or is threatened evith, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the [hied States. 8, ptrtstraot to California labor Code Section '1735, as added by Chapter 643 Stats. 1939, and as untended, no discrimination shall be made in the employment Of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section '1426, and any contractor of`public works violating this Section is subJ ct to all the; penalties imposed fol' a violation1G's apter. igeredx 1 { Title; fit it -C Firm; Dale: C'M; of Fianna Ana i Project 16 -6467 1 [)i,affswm Nnjef,t t FREFBD - 0(10ho, 't 2016 CITY OF SANTA ANA rvi JECT NO. 16-6467 PROPOSAL (ADDENDUM ONE - JULY 22, 2016) S fA tEMENT RECrtlitplING APLIB011 f -Sl Ilp pti raClit2tal4tl tl'1 S The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship uontnaiace administering the �apprenticcship staalards of the craft or trade in the aceta apt`The site or the public avork for a rertihtate approving the contractor under the apprenticuship standards liar the employrnent and training of apprentices in the arra or industry affected.. 2. Employ the Mfflibcr rat apprentices or the atatio ol'apprentices trojourneynocu stipulated [n the apprenticeship standards. 3. Contribute to the fund or funds in eta craft or tride in which lielshe eaapaloys journeynnen or apprentices can the public; work, in the sortie anacauan or upon the statue toasts and in viae sante: manner as the other contractors, except contractors not signatwy to the trust agre-otneut shall play a like pupi to aecaiiforaara Apprenticeship i Council. 'Signed: �7" 64, Title.''' Finn; + t Date: i,ity nt .`.-.'*aa"2ta Ana f Projcct 16-€3467 :�ar�aaaiti Fkra'�j��.��h9ft�r'i�>�€ Gives*,roan Pfojer9 t REBID Ocick5+a,0, 2016 CITY OF SANTA PROJECT O . 16-6467 SANTA ANA • .` PROPOSAL (ADDENDUM ONE —JULY 22, 201 6) STATEMENT RWAWING`ikNI1,15!LKBA(,-K- RL.QtllFtEPVIt.N S The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "anti -Kickback" Act (18 USC 74) as supplemented in the Department of tabor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to glue ''.any part f qpe compensation to which he/she is otherwise entitled. Signed:' �,�p Title: Firm: S t;;=S "C_t' i Date: city of Santa AnA ; Prc vcl 13643467 &mtpi An � trr�fhr� al giver€.irrn Pfr,,? o HELM.)- October 7, 2415E CA SANTA PROJECT• . 16-6467 PROPOSAL (ADDENDUM ONE — JULY 22, 2016) E UBLIC!C{)N'rilikC l C4`rLiIT I:C'rJON 101(x''21 Q :STIQ3NNAIR In conformance with Public Contract Code Section 10162, the BIDDER shall complete,under penalty of perjury,h A following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDE=R who has a proprietary interest In the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of Eaw or a safety regulation" Yes No If the answer is yes, explain the circumstances in the following space. Giryr of Saf tti Afia t Projerl 16,6467 SiRrrtf d e� 'r `I �Of Y# i D viogsim Projeo I REDO) {:dobcr 7. 2016 MAYOR Miapuei A. Pultdo MAYOR PRO TEM vicenle &a nienfo COUNULMEMBER5 Antjesica Amrmcue P. Davw seiwavidea micliele Mailinez Roman Rvyna Sal rSala}ery °4.+ra 1 OF SANTA :SNA 2a Civic Cenler Plaza a P.C. Rex 1988 Mi 36 Sante Ana. California 92702 1779) G47.5013 wv eaMa-aeae p pe July 22 2016 TO: CONS FRUCPON CON Burt as SUBJECT: PROJECT PIC). 16-6467 SAN'rA ANA Diri tt C IANN t. DIVERSIo a lxlatljl c -t riF?tii+,NDUNI ONE The following change and clarification has been made ter the subject Contract Docunrcrim Cer'Y MANAGER Mavis cavcazos CITY ATTORNEY Sonia R. Carvalho CLERK Or rWE COON Cat Maria 17. Kwat 1. A Mandatory Pre -Bid lvlecting will be held Thursday, August It, 2016, 2PM, at the Project site. ;Sera attached neap for the exact location. 2. Bid Opening is changed froul August 9,2016 to September 1, 2016: time and location stay the aurae. 3. Add the following to Section 1-2 Ternis civ: Definitions: Val -ties - Cities of Santa Alla, Newport Beach, and Costa Mesta, County of Orange, and Irvine Rauch Water District. 4. Add the following to Section 2-5.3.1 General. 2-5.3.1.1 ELECTRONIC" SiJBMI'rVAt. PROCEDURES A. Summary: 1. Shop drawings, product data submittals, and closeout documentation shall tae transmitted to City in electronic (PDF) format using 5uirmittral l xclaangc; which is a wetrstte service designed speapPcally for tlansinitting submittals between Construction team munbvrs.. 2, The intent OfelOCU-0ripc submittals is to expedite tile construction process by reducing pripaeiwwork, improving Information flow, and deciensing turnaround tinne. 3. The cicctronlc :Wbrnittal process is not intended for color samples, color charts„ or physical material samples; those shall pro submitted separately to the City, 13. Procedures: 1. Subnrimil t'rcparatiealr Contractor rvhaall convert all submittals to an electronic(PI)I) submittal with tine City provide submittal cover page, 2. Contractor shall complete ill its entirety tete City submittal cover page, revicwt subnrlttal 'ol° accuracy and contrac;l compliance, and apply electronic stairaP certifying that the submittal. complies with the requirements of tine C:mitl aCt DOCUIlacnts including vcatilleation of Coy sof Smila Allen ? Proms ,',t 16-:�3V taanta Aria Delhi Ghan"el rDm.'m oo reojetc i r ttC,MO - CDrtnhe'. 7 'Al 16 MAYOR Ksuael A,. Polido MAYOR PRO FEM Vicente Sawarento COUNCR,MEMBERS Antlellea Amakew P D,,w i Genavfd@S huctloe mortinez Roman Royna Sal TNraajc ra, AUGUST 9, 2016 CITY OF SANTA ANA 20 QVIC Canter p1 m s P'0 8" 1N8 W? Santa haa. GatibfNa 9a"762 ADDENDUMTwo TO: CONSTRUCTION CONTRACT BIDDERS CITY MANAGER cemtd Cavarw� CITY ATTORNEY Serum R. camar,e C€.F. RK OF THE COONCIt Maria 0 HUMat SUBJEC'k PROJECT NO. 16.6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT The following change and clarification has been ,Wade to the subject Contract Documents: 1. Bid Opening is changed to September i 2016a time and location stay the same. 2. The Mandatory Pre -dirt Meeting day is changed to Thursday, August 18, 2016, 2 FSM, at the project site. !address for meeting location is 20321 Irvine Avenue, Newrpod Beach, CA 92660. All Cather terms and conditions remain the same,. CITY OF SANTA C.ily Engineer KiCOn%l mcq jO NPL)CS'Samia Ana Dehi. Chanrea olvcfson Pra1cUlCamxlrrn9.roi CeKtnprme�'LIi3 pruumer,WN-Jnrl UYbttlr7 Addea3nm 2 ._ SAAN'T A ANA CITY COUNCIL pd�vvid na6r&r IT V, �� �'lva:ntau u4smnra ry1'Jen�ttagNtr�aw2era - c "bv ✓hfkv,xae+�M �2 Aom§an R4#P"n {�{3r+t+m;mn I;i�` SiT'�'d�@ �!'�r`A�.�. CA! fir mike Y:�ti'�LP�...�f9. C.)t. .resin .rsiTt�nd 'SUI t�.9Sagir},i:�J� �'i� 7�4�td's'tu ,at4s:aa-tut? �. MAYOR fvirpuel A. Polo MAYOR PRO TEAM `dicenia Sarmiento CGUNCILMENtarRS Angelici Arr 2oua P David 60navides Micatc;la Watiraax Farman Roym Sal omiaao CITY OF SANTA ANA 26 Civ"zc Contsr Rua 7 P.O. nmz ftlt98 Wis Santa Ana, d"athPnn7ia .•i117d}2 (7 14) 64 7-5013 wwvJ."R a Affl- rn September 7, 2016 TO: CtYNSIIUJC'-1 ION CONIRAt t BIDDERS CITY MANAGER David Cavazos CITY ATTORNEY Smrla RA CawaBhn CLERK OF THE COUNCIL Mann D Holm SUBJECTi PROJECTNO. 16-6407 SA'NtA ANA Dt-.i.m Ct IANNLu, Divnts'ioN 1'ttom r ADDEM)UM THREE The I1allowing changc and clarification has been made to tlae .subject Contract Documents: 1, Bid Opening is changed rrom September 15, 2016 to September 22, 2016; time and location stay (he sante, 2. Revisc Section ll — Field Office Facilities Batas, sentence rrorn: Items 10, 11, and 12 shalt become properly ortlie City o1'Saaata Ana to Items 12, 13. „.unci 14 shall become property Untie City orsaunta Ana. 3. Revise Appendix A Gid Iters No, 17 - 14" PVC" Forced Main Installed Deeper Than I -foot But Less 7'laan 3 -Feet. the unit bid price shall be LP. 4. Revise Appcndis to 13X1 Btem No. 27 Traffic Loops; fire snit bid price shall be IA 3. Add the fill towing section:. 3-6 Ct}S"r REDUCTION INCi+slvTIVE A del 1Jrc3 fia!1€au ing seclion 3-6: Ili accordance; with tine PrOVislOnS of the California Public Contract Code, Section 7101, "l3xtra Compensation," dte contractor may submit to 'the Gngincer, in writing, proposals, for modifying the plans, spec Ificeations, or other rect tii rements orttic contract for the sole purpose of reducin4, ttic total cost of constrtactiona The east reduetion proposal shall not impair„ in any manner, the essential Tantctrons or characteristics ofthe project, including but. not linti' ed to san-vlce Iifu, ceaanomof operations, case of maintenance, desired arppearaanesw, �or design and sarety standards. Cost, reduction proposals sha11 contain the following hrforlrtartion: A description of` both tine existing contrsact rc tlirements Ibr perrorming the work and propowd changes, 1 An itemi-ration orthe contract requirements Hiatt must Ire changed ii'thc proposal is adopted, .SANTA ANA CITY CiaUNCil.. AWy4y+of a r`C� R'rviect 1049 •sioolnAn� t dt4 �3 ayrrnet DlversZa yrye4 r €?da3� :�staot ;'. 1G 1€ h �fl 3 9111Ltt YJ6Mt VFdYdI't' 44[u�Y :4 Mfh tW'Siy♦ Weue,Cb MAYOR Mrguel A. POW MAYOR PRO TEM Vlr„s„nte sormlesly. GOUN'•CIa.MCWERS Angelico Areezam PDaaifl flaalavidl s Midwie 8%aralnez Roman Reyna Sat Thijara CITY OF SANTA .ANA 20 Ovic CeMor I'fku:a m P.0,;0'X 7988 Ws Soma Ana, Calitvnnn 92702 {71AJ 917-5013 2iMe!8 �nfta ..bft( Svpt€niber 9, 2016 Cl f MANAGER DWd Cavazos C11 ATTORNEY Seiaaie R C,7rvafho CLERK GF THE VOUNCIL Marfa G. 8Wa v" SUBJEcn 11RORr-,C7 0, t6-6467 SANTA ANA 130.111 01ANNIg. 01VERSION PRO.ILC Aa)i)I CVDJI: !t JTIOU . Nease find attached the Piv-f3id Mwfing Attendance Roster. All other terms and conditions remain the same. CITY OFSANTA City Engineer SANTA ANA 0 t Y UOUNC16 r �,m T( y+r%r 1(1404*906a ria Ana DeftORim ne[ 4 ay;a upur F4� w11A 5varUl l tViPm,° Divoo,0��Pc10 r RFBW$)Vobo7 2014Tgwo Ward 0 %W46 Ri�'...T,�ie it liP:,t"rtA4:r� }5 f!('14f4.d+SP'�lP..SYtY. P.�`:a 11.{ ro�l3fitd F1'..Z�.:?Ji':3 ,._:K.nk�'ki :aa ik�V SN flf{�".]�k.�di')A,'$II.0). Ii"L@i? L] frdlyk CitN i3ft +°f'iJi{k �@IS�fY:c"i�. CID MAYOR Miguel A. POO* MAYOR PRO TW V+cetue san"IACIW CQtNdCIUME@r%BMS rnd'ptlt jY Amezmm P. Davd GenasdUes Miettel6 FAtsrwoz Roman R"na *IM Tioullrem September 15, 2015 CITY Lit 3I"% i 1� W1 a ziu Civic Cm lleu Pizza all C fame 9988 M 3{i SAn90 Ana, CaM amity 92762 1719} 647-6013 VMA Santg o _OM M CONSTRUCTION CONTRACT BIDDERS SUBJECT: PROJECT NO. 16-61467 SANTA ANA -DELHI CHANNEL DIVERSION CITY TAANG[R DAWd Como CI TY A TTORNE. Y :innla R. Carvalho CLERK OF n ff7i COUNCIL MAaaa G. 4 ult ar 1, The following changes have been made to the Contraction Documents of the subject project: a, ,Add the attached APPENDIX N, GEOTECNNICAf INVESTIGATIONS REPORT. b. Attached are Pdf files of Addendum 3 plans issued before. 2. Response to submitted questions areas follows: i, Please provide the details requested for the coarse bar screen shown on the attached P7F, Coarse bar screens: (2) 8' wide panels each consisting of (2) intermediate panels of HSS8x8 columns with HSS4x4 and HS86x6 beams and {2) end panels of C12 columns with HSS4x4 and HSSM beams, all not clipped gatvan€z ng. All tube sections are to 1/4" thick The ends of all horizontal FISS4at4 and HSS6x6 beams are to be fully welders both end to support columns and channels at the walls. Provide 114" weld all round, seal all joints and coat with galvanizing paint to match galvanizing on all components of structure The HSS12x12 columns were revised to C1245 channels at the walls — clips on detail 4 are to extend 2%" onto the flanges of the C12 li. Plan Sheet DS05 calls out a C0J, Please provide details fora CCJ, The Controlled Cracking Joints (CCJ) of hydraulic slabs was addressed Addendum 3. 5AN 1 A ANA CITY COVNC It Mg -1A PeKv of Call MR10 -4� VrojeL;t °lE4s�,5��i.4i��+�;saatr Asm i €�l-@O aa�plal Ctivc:2Sal�t�IFays�s4:i8 I F* E -3N De;a %abei, 7. 203C3r�+a:r�„ MIA r, ��Sis1l^�_d^_nv5 lni.�,e$E;ut@' «4v:�S1�vtil Y..�1,*� t?�25s'tlaLafiuAll MAYOR &Cqud A. Pullilo MAYOR PRO TCM Vicente sat")WIlta COUNCILMtn-MBERS AtVaka Amema P.6avtd Beraau'tdas Michele Matlim Ragman Rsyna3 Sal Tinalera September 15, 2016 hM � CITY OF SANTA ANA 20 Uwe cantat Plan a $ P.+";A. 6nx 1960 M-36 Santa Ann, CaNt¢Ymta 92762 (714) 647-5013 TO: CONSTRUCTION CONTRACT BIDDERS SUBJECT: PROJECT NO, 16-6467 SANTAANA-DELHI CHAN14EL DivERsiON The following changes have been made to the plans of the subject project. - On plan sheet 2 of 50, GENERAL NOTE #26 shell read as follow: CITY MANAGER Dautd CsvaZO5 6 r ATTORNEY Sarna R Cawalho CLERK OF THE COUNCIL Mara 0 by iw It the contractor encounters any hazardous materials during construction, the contractor shall immediately notify the Engineer. dandling and disposing of such materials shall be done in accordance with all applicable laws and regulations. All other terms and conditions remain the same, CITY OF SANTA City Cngilreer SANTA ANA CITY COUNCK wu sag v lt+7 [i% S Itfi� 'vI P� 2ir"��PdYtkCt 90�' +tro`4' €t6 Aria t3 ar4i4txn+Met Di rtimYaTclnle vid t F2t��Btff ^t�is74a hrn 7, 20161 adv— li76.t A.�avWllE..21R!a..' eta ynrfr nui N4gn}i 14bm7 491M$ %a 4 Yr'arC+ Wool P. b 3 a 'n"p,�.3w2.rAL:FLL}.4:iS2 !FJY!JC'Nw'":a«Sa«lft L'YU G+'4. i Weic!ar�x 'tL'?`12.ry!t ".;'"_n+_'u"" Yu 4n'i.?S4aJ`i TLi"na k-Wt4�b�t2�.1 4Ln:w'°"'.�i13:11eJ.tiul MAYOR Miguel A. PuRla o MAYOR PRO 8'F:.hi vlcente Saatrrtieatu COUNC€t_MEMBERS Angelica Aar ucaa P.. David Benavldes Miehe?a Moftinea Roman Reyna Saf Thaprr September 20, 2016 CITY OF SANTA ANA 20 Ctalc Canto Waxy . P.Q. flax 1988 M-36 Santa Ana, California OV02 (714) 647-5013 MTr Lsanlaj grtj p S2 TO: CONSTRUCTION CONTRACT BIDDERS SUBJECT; PROJECT NO. 16-6467 SANTA ANA -DELHI CHANNEL DIVERSION The following changes have been made to the plans of the subject project. - Special Provisions 3.00 Traffic Control CITY MANAGER David Cavazos CITY ATTORNEY s wtia R. Gatvalhra CLERK OF THE COUNCIL Mana Q. Huixar ;k) o Traffic control plan shall be submitted for all lane closures; no exceptions. c All major Intersection work shall be constructed on weekends or at night, and at the Engineer's direction. o All work on Bristol Street :shall be constructed at night; expect for the work In front of the two hotels, approximately 700' either side of RedHill Avenue. This work shall be constructed duringthe day between 8:30am and 3:30pfi7. o All lanes shall be opened up to traffic at the end of each construction shift; all plates shall be recessed per the City of Costa Mesa standards. All other terms and conditions remain the same. CITY cit' SANTA City Engineer SANTA ANA t:I IY COUNC8t x!,P� v V*Iy ra6.v,tsrrRra�°�a oe,V-Progncl tS+ tfi�4a°O7zlark�r Ana E �,�,41onneI �o9vD Y� ;�i i REHtt) filo bar `7. 20It:, �+ aJow Kj,g +aI.."m,,,J - evmw A�:ue '.+nnmq nama wmum li:;!ik{rldAMiAILka %iffMD5-1A?Y,3.%'_nSi^&it111A (::.'uM+4:Ad�eSil?litlll)1iui1� �h �G75. a�::4ri11?�llleb�Y2 CP,t.:. ?ave.'.%4'.'pY_�!1'is'�. ':i ..Ct'A.�'it:'"•Rt._i er R...v�a 'MS `.ffi".b$s°3i21e2N1+�.G1 MAYOR Mrflr.Idl A. Pulido MAYOR PRO i"EM Vicente Sarmiento GCUNCIL.MEMB6ERS Angelica Anaenue P, ow.nd 43€+rmawide5 midlee Maher Ramon Reyna Sal Tlra"Ilnm October 7, 2016 Y r! r _ ZINittrjUMM CITY OF SANTA ANA 20 CrAv, C.enlgr Plaza . P,O, flux $388 Put -36 SAnto Ana, CnliforNa 92762. (Ptd) 6474013 rivrot adYrkta.cgttl TO: CONSTRUCTION CONTRACT BIDDERS CITY MANAGER Dimal cavazas CITY ATTORNEY Sonia Rt Cmaihn CLERK OF V,IE COUNCIL. Maria 0 Hulm SUBJECT: PROJECT NO, 16-6467 SANTA ANA -DELI -II CHANNEL DIVERSION k,7 / '2 (�,I The following changes have been made to the plans and specifications of the subject project. 1. The Original Contract Documents and Addendums 1„ 2, 3, 4, a, 6, and 7 contain no changes. Addendum 8 contains all changes with respect to the 'REBID". 2. Replace the Notice Inviting gids with the attached REBID Notice Inviting Bids. 3. Amend Addendum Seven Special Provisions 3.00 Traffic Control with the attached Costa Mesa Traffic Control Phasing plan. 4. Rename 'Special Provision Section 4.00 entitled "Special Provisions -- Storm Channel Diversion Structure" as follows: :Channel Modifications 5. Replace special Provision 'Section 4.01 entitled "Cenerar in its entirety with the following: 4,01 General The CONTRACTOR responsible for the construction of the storm Channel Diversion Structure and the Flood Control Channel Modifications shall have a minimum of five years history and experience, within the last ten years, constructing (1) Reinforced concrete flood control channels, the experience shall be the same or substantially similar In size, scope, and type of the flood control channel modifications for this project as depictedin the project specifications, and (2) Reinforced concrete structures; the experience shall be the same or substantially similar in size, scope, and type of the diversion structure for this project as depicted in the project specifications. The CONTRACTOR shall have constructed and satisfactorily completed a minimum of two (2) projects of reinforced concrete flood control SANTA ANA CITY CODUML nrvtSil++N"d'."salrtan A7'r`d�Oauz�{A'x:I 1Ir S4ri`F=g6t4€�°'Amaa IYr�lhl�s#*FussyPre�^a�IVEicsra 3'YR,y° �piyF��^«tc'.*s�:y$iva5we�r�i��� C}�ttsir�e'�ox43 Mn ur PY.aon rq 7 MidY.w.wra 4rn^U3 A&,d4 ton 8 'rds+@�4 S1Vk dW16""9ALkAW rm7 tk'lmee !.?: :1.t.`.0 k1:1..9iF2kW :l'-q;{kSLu'fa MAYOR MIGuel A. Pulldo MAYOR PkO TEM Vicente :armieolu COu14clL.MEMBERS Angels AY4nzus P. David BenavAlos MirhpNi MafhrW2 Roman Reyna Sal Tha)¢ro � " l Glib OF SANTA ANA 201 civic C:enlav PM2a a P 0. Box 1s1Gt7 M-36 Santa Ana, Cnkfom a 52742 (714) 647=,6013 YY I,.1Ln _ aa: t TO: CONSTRUCTION CONTRACT BIDDERS SUBJECT: PROJECT NO. 16-6467 SANTAANA-DELHI CHANNEL DIVERSION CITY MANAGER David Cavazos Cil Y ATl't7frNEY Sonia R carvaiho CLERK of THE f OUNC IL Maus e1. Nulxar K— - The Original Contract Documents and Addendums 1, 2, 3, 4, 5, 3, and 7 contain no changes - Addendum 8 contains all changes with respect to the "REBID". - Bidders shall use Bid propose that is included in Addendum 1 and also attached herein.. All other terms and conditions remain the same, ('I I'S01" SA \, IA ('It I'nS?1T`i4' r SANTA ANA 01Y COUNCIL 09,;" A I^.]A^ V111111, 1. 111 I N»'Ir,dx Allul, .a hmel+l._a fl, In,1H t FHrty S utl a2T I'.:uper P.P iTtlO V., 01 WNW 2 'ANb] J 'im,] A Nk A 5 'Infl�j (e 14iuvu.^S3?�*�: aanl !:J n1-u;X.ct.. Y..s 4.':.: i. -;,u e�JB5.ie`.+Lt•3L"'llY, !d"�Y�"I4niv!�d_i!5ti ;�"..„IGtCv,U}'A�t.tS':•:.izU Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT This CONSTRUCTION CONTRACT is made and entered into this 15`x' day of November. 2016, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and Loncrock. Inc., hereinafter referred to as "CONTRACTOR". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Santa Ana Delhi Channel Diversion Project, hereinafter referred to as the "Work of Improvement" identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid, Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction, 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the suns total amount not to exceed $4.593.375.00 — Four Million Five Hundred Ninety-three Thousand Three Hundred Seventy-five Dollars and no cents , as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Page 1 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as maybe deemed necessary or advisable. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond), This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performanee and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a c4�ndition of project acceptance, For projects up to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY J n Funk Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: Title: Page 3 of 3 CITY OF SANTA ANA PROJECT NO. 166467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT Exh i%it A PROPOSAL r • �, BSD PR ;,C)SAL TO; CITY COUNCIL OF THE CITY OF SANTA ANA FROM: v— o g E" P<' o C 1 h� _ _ - -- REQUIREMENT: The undersigned bidder declares that they have carefully and thoroughly examined (1) the location of the proposed work site(s), and (2) the Contract Documents including all Addendums, Standard Plan and Specification, Appendices, Permits; and their requirements; etc.; and hereby proposes to furnish all labor, material, and equipment for the work required to complete the sajd. Project in accordance with the plans and specifications for the unit price(s)'or lump sum(s) set forth in the following schedule: For any work, regardless of the magnitude, not specifically identified as a lump sum or unit price item listed below., the costs associated with this work shall be included in the items of work, listed below, and no additional compensation will be allowed therefore. Item Description ._... Quantity Unii Unit Price Amo=unt 1W Mobilization 1 LS $ 2 a $ *Q ;�jG0a 2 Clearing and Grubbing _._ 1 LS $ t0 oi1C $ 1'Cy,aoea. e 3 Dewatering 1 LS $ IS,oat7. $ ts,t. 4 Site Demolition/ Unclassified Excavation" 800 CY $ $ )copra, s 5 Structural Excavation 7600 GY $ , � $ � 2 , Wo. __ 6 Structure Backfill _.�_. 2000 CY $ z;1,,,, $ 74,006-e- 7 Unclassified Backfill 1000 GY .. $ t6, $ .....,tS�c: 8 Shoring .1 $ Ik�5,t7ttcs 5 Channel Improvements/Diversion Structure 1 LS $(otteaxtr•$)yla,aaa. 10 Pump Station 1 LS $ / Y1 . r $ '7W, e ,-- 11 Chain Link Fence 900 LF $.P+�a, City of Santa Ana ! Project 16-6467 Santa AnV91%WW Diversion Project ! REBID •• Uotober 7, 2016 CITY OF SANTA ANA PROJECT NO. 16.6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT EXhiblt A PROPOSAL 4• • • Item Description Quantity Unit Unit Price Amount 12 Chain Link Gate 6 EA $ may„ _ $ l rltoCx�, . 13 Decomposed Granite Access Road _ 400 TN $ $ IS, 2DO, 14 14" PVC Force Main 1n (OCFCD ROW 1000 LF 15 1'4" PVC Force Main In Costa Mesa ROW 3300 LF $ i , d, $ G?0 4W,,, 15 *14" PVC Siphon _ 10 EA $S�°alb„� $taca„� 17 *14” PVC Forced Mairi Installed Deeper Than '1 -Foot But Less Than 3 -Feet 10 I�F $ 2��a,s $ 18 "Pothole Utilities Not Shown In The Contract Documents 20 EA $ goo,.,,- $ to . 19 *PCC Concrete Sidewalk 400 5F $tea,:- 20 *RCG Canarete Drive —Approach 400 SF $ 1� , 4 $ i aca 21 *PCC Concrete Curb Ramp 400 SF _ $ 22. *PCC Cancrete C&G ._.._... ­ 500 LF $ 2 23 *Asphalt Concrete 1000 TN $ 24 *Asphalt Rubber ofMix (ARHM) 500 TN $ 25 *Adjust Manhole Frame & Cover to Finished Grade 15 EA $ w,, $ 1, *Adjust Water Valve Box Frame and Cover to Finished Grade 15 —EA —"-$ r $ 12 k *Traffic Loops 25 A Projeaf Infarrnation Signage Finish Grading, Irrigation, and Landscaping 1 LS _ t 7 $ 2 _ TOTAL BID ${ Ine lowest responsible bidder sha I ba selected based an the total baseicl. City of Sante Ana / Project 16.6467 ,ante Ant01WP91r1 Diveralon Project / REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16.646.7 SANTA ANA [DELHI CHANNEL DIVERSION PROJECT Exh ihlt A PROPOSAL (ADDENDUM ONE -- JULY 22, 2016) The quantity for this bid item is shown for bid comparison only, This bid item shall not be subject to the "250/6" limit as stated in Section 3-2 of the Standard Specifications. The City reserves the right. to increase or deorease the quantity of this Item accordingly. TIME FOR O ETION OF IMPROVEMENTS ANO LI 1 ATEl7 CDAMAGES o The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within three hundrecl (300) working days after the Commencement date stated in the Notice to Proceed. o The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,000 per calendar day, Name of Firm CDk*te'zc.)C.: c~ Signature of BIDDER Title ATz . S� T)'E-�r I (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm.. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City of Santa Are I Project 18.6467 Santa Anvll%pp ml Diversion Project / REBID - October 7, 20'16 CONSTRUCTION OF SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROJECT NO. 16-6467 Construction Contract Contract Administration and Testi TOTAL ESTIMATED CONSTRUCTION COSTS I $6,386,775 EXHIBIT 4 A-2016-180 EXHIBIT 5 December 06, 2016 Santa Ana -Delhi Channel Diversi®n Project Agreement ME= City of Santa Ana Orange County Flood Control District County of Orange City of Newport Beach City of Costa Mesa Orange County Water District Irvine Ranch Water District AGREEMENT This Santa Ana -Delhi Channel Diversion Project Agreement ("Agreement") is made as of this _ day of , 201_, ("Effective Date") by and among The City of Santa Ana, a California charter city ("SANTA ANA"), The Orange County Flood Control District, a body corporate and politic ("OCFCD"), The County of Orange, a political subdivision of the State of California ("COUNTY"), The City of Newport Beach, a California municipal and charter city ("NEWPORT BEACH"), The City of Costa Mesa, a California municipal corporation ("COSTA MESA"), The Orange County Water District, a subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as amended ("OCWD"), and The Twine Ranch Water District, a. California water district organized under Section 34000 et seq. of the California Water Code ("YRWD"); which are sometimes individually referred to as "Party," or collectively referred to as "Parties." The following definitions shall hereinafter apply: Additional Annual O&M Costs - a Funding Party's proportionate share as specified in Exhibit C2 to cover annual O&M expenses upon exhaustion of the Initial O&M Deposit (as defined below). Additional Participant - a third party point source discharger in the Watershed Area or other Project beneficiary that has entered into an agreement signed by all Parties committing its contribution toward the O&M costs in order to receive regulatory compliance, offsets or credits offered by the Project. Santa Ana -Delhi Channel Diversion Project Agreernent D15-013 Page 2 of 69 Airport Director — the Director of John Wayne Airport Approved Plans - those Project plans, specifications, and engineering estimates ("PS&E" see definition below) which have been approved through the County Property Permit process. Approved Plans shall also include those PS&E revisions and/or contract change orders approved in writing by the Project Representatives (as defined in Section 1). Bond - the faithful performance bond, payment bond, or warranty bond required to be provided by the Contractor pursuant to this Agreement. (collectively "Bonds) CPP - the process to obtain a County Property Permit from the County of Orange. CEQA — the California Environmental Quality Act (California Public Resources Code § 21000 et seq.), Channel - the Santa Ana -Delhi Diversion Channel designated OCFCD Facility No. FOI. Cities - refers to SANTA ANA, NEWPORT BEACH, and COSTA MESA collectively Claims - liabilities, actions, suits, claims, demands, losses, costs, tortious, contractual, condemnation, inverse condemnation, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees; including those wising from injuries to or death of persons, for damage to property, or liability of any kind or nature. Conceptual Report — that Diversion Structure Water Capture and Reuse Structure Concept Feasibility Study dated July 8, 2013 which reviewed the technical and economic feasibility of reducing pollutants inflows and trash to the Channel. Contractor - that contractor and its subcontractors that have entered into a construction contract with SANTA ANA for the Project, Days — unless otherwise specified to the contrary, "days" in this Agreement shall mean business days as defined by the City of Santa Ana. Director — the Director of OC Public Works or designee. Diversion Structure — an urban discharge diversion system as may be constructed near the intersection of Mesa Drive and Irvine Avenue as shown on the attached Exhibit B (hereinafter referred to as the "Preliminary Plans"), which shall include features that Santa Ana -Delhi Channel Diversion Project Agreement D15-013 page 3 of 69 extend across a segment of Channel designed to divert trash and debris into a containment area, while conveying low -flows where pollutants will be captured, and further discharged into an Orange County Sanitation District trunk line for conveyance to its sanitary sewer treatment plant and thereafter to the OCWD Groundwater Replenishment System. The Diversion Structure will modify the existing Channel with a concrete weir crossing the charmed bottom and alter approximately 100 feet of the Channel's north wall to accommodate fixture of a debris boom, inlet and bypass outlet structures. Estimated Cost - the itemized estimate of Project Capital Costs and O&M expenses listed on Exhibit C3 from an Opinion of Probable Constriction Cost referenced as "Engineer's Estimate 15-058" by AECOM dated July 24, 2015 based upon 60% Design Plans. Facility (sometimes also referred to as the "Facilities" or "Project Facilities") — final Project (as defined below) improvements constructed in accordance with the Approved Plans, which shall include the Diversion Structure, related pumps, pipelines and features necessary for operations. Flood Control Act - Orange County Flood Control Act set forth in California uncodified Water Code, Act 5682, section 2, also referred to as Water Code App. Sections 36-1 et sed, also referred to as Chapter 723 of the State of California Statutes of 1927, as amended. Force Majeure Event - those events specified in Section 2.5.4 that materially and adversely interfere with or increase the costs of performing SANTA ANA's obligations hereunder, provided that such event (or the effects of such event) could not have been avoided by SANTA ANA's use of reasonable effort. Funding Partner — SANTA ANA, NEWPORT BEACH, COSTA MESA, OCFCD, COUNTYor IRWD as shown on Exhibit C2 (collectively the "Funding Partners"). Golf Lessee — Public golf course operator, Newport Beach Golf Course, LLC, its successors or assigns, which leases a portion of County land, under the purview of John Wayne Airport that may be impacted by the Project. Grant - that Measure M2 Environmental Cleanup Program Grant from the Orange County Transportation Authority awarded to SANTA ANA in the amount of TWO MILLION, FIVE -HUNDRED SEVENTY-TWO THOUSAND, EIGHT HUNDRED, and SEVENTY-FIVE DOLLARS ($2,572,875) for Project Capital Costs. Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Pap 4 of 69 HM -1 - hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law existing prior to the Project and not disturbed by the Project. HM -2 - hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the Project or as a result of the Project. HM Management Activities - management activities related to either HM -1 or HM -2 including, without limitation, any necessary manifest requirements, clean-up and disposal facility designations. Initial O&M Deposit - a transfer of ONE MILLION DOLLARS ($1,000,000) from SANTA ANA to the O&M Account maintained by OCFCD in accordance with the terms herein John Wayne Airport ("JWA" or "Airport') — an airport established by ordinance of the County of Orange Board of Supervisors pursuant to the laws of the State of California and the federal government, which is operated on an enterprise basis at no cost to the taxpayer. Although JWA is a department of the County of Orange, the Parties agree JWA is not a Funding Partner to this Agreement, and as such is not required to financially contribute to the Project, associated O&M or Reserve Fund, but retains rights under this Agreement as a Project Representative and as otherwise provided herein. NPDES -- National Pollutant Discharge Elimination System stormwater permit program authorized by Section 402 of the Clean Water Act, 33 U,S.C, §1251 et seq. of 1972, as amended, also referred to as a Municipal Separate Storm Sewer System ("MS4") Permit. OCSD - the Orange County Sanitation District. OCWD Project Contribution - a one-time, limp -sum payment from Orange County Water District (OCWD) of ONE MILLION DOLLARS and 00/100 ($1,000,000.00) toward the Project construction costs. O&M — operation and maintenance. O&M Contractor — a contractor under contract with OCFCD or COSTA MESA to perform operation and maintenance on the Facility or portion thereof. Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 5 of 69 O&M Fund - monies deposited into the O&M Account in amounts paid in accordance with the terms herein, to be used by OCFCD or COSTA MESA for Facility operation, maintenance, and repair or replacement required due to a catastrophic event. O&M Account - a separate account for the Initial O&M Deposit and OCFCD O&M Fund established by OCFCD and maintained consistent with all applicable OCFCD/COUNTY or other governmental laws, rules and regulations pertaining thereto, to receive from SANTA ANA a transfer of $1,000,000 from the Project Fund (e.g. the Initial O&M Deposit), Additional Annual O&M Costs and other monies consistent with the purposes of the O&M Fund. O&M Manual - the Operation and Maintenance Manual for the Facility and components thereof. Oversight Inspector - a qualified OC Public Works inspector or representative assigned through the CPP process by OCFCD/County to verify that construction of the Diversion Structure and other Facilities on OCFCD and COUNTY right-of-way are accomplished in a good, workman -like manner and in accordance with the Approved Plans per OCFCD and COUNTY standard. NEPA - National Environmental Policy Act, 42 U.S.0 § 4231 et seq. Project — the Santa Ana -Delhi Channel Diversion Project is a regional water quality project intended to protect Upper Newport Bay from pollutant loadings generated by discharge flows, debris, and trash from the Channel and its watershed, and, includes all right-of-way necessary for its implementation. The Project will remove dry -weather charmel flows from the Channel watershed with the Diversion Structure, as further defined in Recital B. The Project shall include work within the limits indicated on Exhibit A performed concerning design, construction, and O&M of the Project and Facilities. Project Capital Costs — those Project costs referenced in Exhibit C3 including, but not limited to, design engineering, permits, right-of-way, easements, project administration, consultant costs, environmental reports, costs associated with CEQA, NEPA, Resource Agency or Regulatory compliance, surveying,' investigation, testing, monitoring, construction, equipment, materials, contracts, warranties, attorney fees, Newport Beach Golf Course lost revenue, costs for defense of CEQA/NEPA lawsuit and costs for hazardous material management activities related to HM -2 as defined in Section 8 (Hazardous Material). O&M costs are not a part of the Project Capital Costs. Santa Ana-Dellri Channel Diversion Project Agreement D15-013 Page 6 of 69 Project Costs — those actual costs as estimated and referenced in Exhibit Cl and Exhibit C3 covering all costs associated with the Project, Project Fund - a separate account established by SANTA ANA and maintained consistent with all applicable SANTA ANA or other governmental laws, rules and regulations pertaining thereto, wherein SANTA ANA shall deposit amounts paid by the Parties for Project Costs. PS&E - Project plans, specifications, and engineering estimates agreeable to the Project Representatives (as defined in Section 1) which have been approved through the County Property Permit process. Regional Board — the Santa Ana Regional Water Quality Control Board. Regulations — those federal and state regulations or requirements applicable to point source discharges, as more particularly described in Recital A, which are prescribed by the Santa Ana Regional Water Quality Control Board, California State Water Resources Control Board, and/or United States Environmental Protection Agency that have jurisdiction within the Santa Ana -Delhi drainage system depicted on Exhibit A. Reserve Fund - After exhaustion of the Initial O&M Deposit, monies deposited into the O&M Funds which are designated for reserve fund purposes as specified in Section 3.7.9. to be used by OCFCD and/or COSTA MESA to repair or replace the Facilities, Project -related Channel improvements and/or appurtenances, or portions thereof damaged due to a catastrophic event Resource Agency(les) — each one of the following entities or collectively, all of them: U.S. Army Corps of Engineers, U.S, Fish and Wildlife Service, Federal Emergency Management Agency, California Department of Fish and Wildlife, Santa Ana Regional Water Quality Control Board, and Coastal Commission. Sponsor - OCFCD, the COUNTY, COSTA MESA, NEWPORT BEACH, or SANTA ANA (collectively the "Sponsors") and which shall include IRWD in accordance with Exhibit C2b, Sponsorship Share - a Sponsor's share of participation in funding, credits and offsets pursuant this Agreement and/or the Project, based upon the percentages denoted on Exhibit C2a and C2b. State Board — the California State Water Resources Control Board. Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 7 of 69 TCE - temporary construction easement. Term - unless otherwise terminated or extended, this Agreement shall be effective for an initial term of twenty-five years commencing on the Effective Date, and shall automatically renew for ten year terms thereafter. TMD.L - Total Maximum Daily Loads, Watershed Drainage Area - the impacted watershed area within Project limits shown on Exhibit A. RECITALS A. The Parties are subject to regulations or requirements applicable to point source discharges for bacteria, metals, nutrients, trash, selenium and other constituents; including but not limited to, TMDL, applicable provisions of dewatering permits and time schedule orders the Municipal Separate Storm Sewer System (" MS4 Permit, and/or other discharge permits, waste discharge requirements, or discharge -.related orders. In a collaborative effort SANTA ANA, NEWPORT BEACH, and COSTA MESA (collectively, "Cities") pursued satisfying current and future NPDES requirements and proposed trash amendment to MS4 Permit requirements (see Recital Q) through the development of a watershed regional diversion project. The Project requires OCFCD and COUNTY cooperation in order for the Diversion Structure component to be constructed, operated and maintained in and about the Channel; a portion of the land is tinder the purview of JWA. B. The Parties, other than OCWD and IRWD, caused the Diversion Structure Water Capture and Reuse Structure Concept Feasibility Study dated July 8, 2013 to be conducted in order to review the teclutical and economic feasibility of reducing pollutants inflows and trash to the Channel ("Conceptual Report"). Based upon the Conceptual Report findings, possible locations for the Diversion Structure system and the Project limits shown on Exhibits A-1 and AA2 within the impacted watershed area (i.e., the Watershed Drainage Area) were proposed and alternative Facility components were discussed. C. The proposed Project is to be designed for the benefit of the Parties, who occupy or operate within a region of approximately 11,120 acres, by diverting dry -weather flows and trash from the Santa Ana -Delhi drainage system shown in Exhibit A. D. It is contemplated that the Diversion Structure will be constructed upon land owned by COUNTY, under the purview of JWA. Part of this County -land is leased to the "Golf Lessee," and other parts are utilized for OCFCD's Channel and flood control proposes in accordance with the Flood Control Act. E. OCFCD, COUNTY and JWA are amenable to accommodating the Diversion Structure and appurtenant components upon their right-of-way in accordance with the terms herein, provided that the Project: (1) will not violate the COUNTY's vesting deed restrictions or Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 8 of 69 create a nuisance, (2) will not interfere with flood control or Airport operations or operational requirements, (3) will minimize its effect on Golf Lessee, and (4) mitigates and compensates .IWA and/or Golf Lessee for any negative impact due to the Project. F. The Project's proposed plan as shown on Exhibit B (Preliminary Plan) is to install, operate, and maintain pipelines within public street right-of-way The Cities are amenable to accommodating pipelines and other necessary Project Facilities within their respective public street right-of-way in furtherance of the Project. G. SANTA ANA will be the lead agency for the Project under CEQA, and if applicable NEPA, as well as being responsible for the PS&E, acquisition of property rights, relocations, necessary permits and easements, and construction administration necessary for the Project. H. The Parties anticipate the Project costs to be about $9,367,875 ("Estimated Cost") based upon the itemized estimated expenses listed on Exhibit C3. I. The Estimated Cost amount includes an estimate of long-term O&M expenses projected over twenty years in the amount of ONE MILLION DOLLARS ($1,000,000). J. SANTA ANA has been awarded a Measure M2 Environmental Cleanup Program Grant from the Orange County Transportation Authority in the amount of TWO MILLION, FIVE -HUNDRED SEVENTY-TWO THOUSAND, EIGHT HUNDRED, and SEVENTY-FIVE DOLLARS ($2,572,875) ("Grant"), which shall be used for the capital construction costs associated with rho Project. K. The Project proposes to divert trash and debris into a containment area while conveying dry -weather flows into an Orange County Sanitation District trunk main which serves an OCSD sanitary sewer treatment plant and thereafter to the OCWD Groundwater Replenishment System. In furtherance of the Project, OCWD has offered to pay a one-time sum of ONE MILLION DOLLARS ($1,000,000) toward the construction costs pursuant to the terms and conditions provided herein. SANTA ANA will accept and expend said funds from OCWD for the construction of the PROJECT. L. SANTA ANA is committing its resources and is agreeable to contribute toward the Project design, construction, and O&M. SANTA ANA agrees to make one lump sum payment for their proportionate share in the costs for the design, construction long -tern O&M costs in an aggregate amount not to exceed of ONE MILLION, NINE -HUNDRED THOUSAND DOLLARS ($1,900,000), as denoted in Exhibit Cl, M. OCFCD and COUNTY are agreeable to contribute toward Project design, construction, and O&M. Per the terms of this Agreement, OCFCD and COUNTY agrees to make one lump sum payment of their joint proportionate share in the costs for the design and construction, and long-term O&M in an aggregate amount not to exceed ONE MILLION, SIX - HUNDRED, THOUSAND DOLLARS ($1,600,000), as denoted in Exhibit Cl. OCFCD is agreeable to accept certain ownership, O&M responsibilities, in accordance with the terms herein, for the portion of the Facilities located upon OCFCD, COUNTY and/or JWA right-of- way. Santa Ana -Delhi Channel Diversion Project Agreement Dl S-013 Page 9 of 69 N. NEWPORT BEACH is agreeable to contribute toward the Project construction and make a lump sum payment in the amount of ONE MILLION, FIVE -HUNDRED THOUSAND DOLLARS ($1,500,000), as denoted in Exhibit Cl. 0. COSTA MESA is agreeable to contribute toward Project design, construction, and O&M. COSTA MESA agrees to make one lump sum payment for it proportionate share in the costs for the design, constraction, and long-term O&M costs in an aggregate amount not to exceed SIX -HUNDRED THOUSAND DOLLARS ($600,000), as denoted in Exhibit Cl. COSTA MESA agrees to accept certain ownership, O&M responsibilities, in accordance with the terms herein, for the Facility pipelines located outside of OCFCD, COUNTY and/or JWA right-of-way. P. IRWD discharges pumped groundwater to the Channel from wells pursuant to certain permits issued by COUNTY, In consideration of the effect of the quantity of such discharges upon the design and capacity of the Project, IRWD is willing to contribute one hunp sum payment in the amount of ONE HUNDRED AND NINETY-FIVE THOUSAND DOLLARS ($195,000), as denoted in Exhibit Cl as its share of Project design and construction. IRWD shall not contribute to O&M costs. Q. The Parties contemplated statewide trash amendments by the State Board currently approved "Anierulmont to the Water Quality Control Plan for the Ocean Waters of California to Control Trash and Part 1 Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California," which in the future would be reflected in stonnwater MS4 Permits. It is intent of the Parties to collaborate efforts in order for the Project to qualify as an implementation plan, or portion thereof, under such requirements. R. After the Diversion Structure and the Facilities become operational and at any point establish an additional regulatory benefit or credit which may be allocated among the Parties, and/or traded or sold to an outside third party at market-based rates, the Parties desire to clarify herein how a Party might receive its fair share of the economic value generated and realized. S. The Parties further desire that the Agreement address how the Parties may amend their respective financial commitments as specified in Exhibit C2a and C2b by revising the percentages representing their proportionate share to include requiring the contribution from future, additional point source dischargers who benefit from the Project Facilities. T. Therefore, the Parties mutually desire to enter into this Agreemant to set forth their respective rights and obligations with respect to the Project development, and the possible construction, and long-term O&M of the Facilities. Santa Ana -Delhi Channel Diversion Project Agreement D15-013 - Page 10 of 69 AGREEMENT NOW, THEREFORE, in consideration of the foregoing Definitions and Recitals, which are incorporated herein by reference, and the mutual covenants and promises among the Parties hereinafter set forth, the Parties agree as follows: SECTION 1 PROJECT REPRESENTATIVES 1.1 SANTA ANA Project Representative. The City Manager of the City of Santa Ana or his designee shall be authorized to perforin all actions required to implement this Agreement on behalf of SANTA ANA and serve as the Project Representative for SANTA ANA for all purposes related to this Agreement. 1.2 COUNTY and OCFCD Project Representative. The Director shall be authorized to perform all actions required to implement this Agreement and to serve as the Project Representative, jointly and individually; for OCFCD and the COUNTY as Parties and property right owners; as well as, for the COUNTY as to unincorporated areas of the watershed within its jurisdiction that are not part of JWA operations. 1.3 John Wayne Airport Project Representative. The Airport Director or designee shall be authorized to perform all actions required to implement this Agreement and to serve as the Proj cot Representative on behalf of JWA for all purposes related to this Agreement. 1.4 NEWPORT BEACH Project Representative. The City Manager of the City of Newport Beach or designee shall be authorized to perform all actions required to implement this Agreement on behalf of NEWPORT BEACH and serve as NEWPORT BEACH's Project Representative for NEWPORT BEACH for all purposes related to this Agreement. 1.5 COSTA MESA Project Representative. The City Manager of the City of Costa Mesa or designee shall be authorized to perform all actions required to implement this Agreement on behalf of COSTA MESA and serve as COSTA MESA's Project Representative for all purposes related to this Agreement. 1.6 IRWD Project Representative, The General Manager of the Irvine Ranch Water District or designee shall be authorized to perform all actions required to implement this Agreement on behalf of IRWD and serve as IRWD's Project Representative for all purposes related to this Agreement. 1.7 Whenever reference is made herein to an action or approval to be undertaken by a Party, the Project Representative shall be authorized to act on behalf of its respective Party unless specifically provided otherwise or the context requires otherwise. Any determination of change which if implemented may materially alter the terms and financial obligations of the Parties shall require an amendment of this Agreement approved in writing by each Party's board, council, or governing body. 1.8 The Project Representatives shall have authority to send invoices, make and receive Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 11 of 69 payments, and perform all other activities required to satisfy the financial responsibilities of their respective Party in accordance with the terms herein. 1.9 Each Party and their respective Project Representative aclmowledge that the Project is made possible by virtue of certain Grants and agrees to make every effort to assist and cooperate with SANTA ANA, the Grant Administrator, for the Project to remain in full compliance with the terns of the Grant. 1.10 The Parties agree that JWA and/or Golf Lessee will be compensated for any unmitigated negative impacts to the Golf Course and/or Golf Lessee operations caused by the Project construction or operation only if actual losses or damages are incurred and substantiated. Costs associated with this obligation are Project Cost estimates in Exhibit C3. SECTION 2 RESPONSIBILITIES OF SANTA ANA 2.1 General Responsibilities SANTA ANA shall be responsible for the design, environmental review, obtaining all required Resource .Agency approvals, CPP, permits and easements, and construction of the Facilities developed for the Project under the terms of this Agreement. SANTA ANA shall deposit amounts paid by the Parties for Project design and/or construction into a separate account designated for such funds as the Project Fund. Within forty (40) days of the execution of this Agreement, SANTA ANA shall deposit a lump sum amount for design, construction, and the annual O&M costs as established per Exhibit C3, into the Project Fund Account, The Grant funds shall be paid to the Project Fund on a reimbursement basis pursuant the terms and conditions of said grant. 2.2 Environmental Review / Permitting 2.2.1 SANTA ANA shall be the lead agency for purposes of CEQA, prepare the necessary environmental documents and secure all necessary resource agency permits for the Project. SANTA ANA shall secure the rights-of-way for the Project, including any needed for the O&M of the Diversion Structure and all Facilities. 222 SANTA ANA shall obtain the prior written approval from the Project Representative(s) of any Panty with jurisdiction and/or property rights to any permit concerning said property which potentially includes post -construction agreements, obligations or conditions (e.g., mitigation requirements) imposed by any governmental or regulatory agency. 2.23 SANTA ANA shall apply for permits and maintain Project compliance with all permits, regulations and laws. As referenced in Recital Q, the development of the Project contemplated statewide trash amendments by the State of California Water Control Board currently approved "Amendment to the Water Quality Control Plan for the Ocean Waters of California to Control Trash and Part 1 Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California." SANTA ANA shall, if the Project Representatives mutually determine it is necessary, change the Project procedures as to its implementation, Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 12 of 69 monitoring, and reporting to assist with a Party's respective stormwater discharge permit compliance. 2,3 Design 2.3.1 The Parties acknowledge SANTA ANA had the "Santa Ana -Delhi Chamiel Diversion Project Technical Memorandum 1", dated July 2015 and revised in October 2015, prepared which provides a description of the Project operations and land requirements for alternate design plans. Among the alternatives presented in that memorandum, the Parties wish to implement Scenario 1 where the Facilities will have direct discharge to the Orange County Sanitation District Regional Sewer System as depicted in the "Preliminary Plan" shown on Exhibit B, attached. The Facilities are to be constructed in accordance with Approved Plans that specify its components which may include, among other things and in addition to the modifications to the existing channel section, diversion structure, submersible pumps, floating boom, weirs, screening bars, and debris containment area. 2.3.2 SANTA ANA shall require and ensure that all consultants, engineers and mitigation agents working on the Project environmental, design and construction abide by the insurance and bond requirements as specified in Exhibit G (Insurance, Bonds and Warranties). SANTA ANA agrees to be responsible for the preparation of the PS&E, which shall be consistent with the standards of SANTA ANA and the Party or Parties with jurisdiction or ownership of the right-of- way where construction is to be performed. In case of conflict between such standards, the most stringent standard shall prevail. With regard to the Diversion Structure and any other Facilities appurtenant, in, on or about the Channel or right -of --way held by OCFCD or COUNTY, the PS&E shall be consistent with OCFCD standards, criteria, customs and practices and receive Director's and JWA's approval prior to commencement of construction through OCFCD's CPP process. 2.3.3 SANTA ANA shall provide the Project Representatives opportunities to review the PS&E at the 60% and 90% submittal levels and to provide timely comments prior to submittal of the PS&E to the relevant resource agencies that must issue permits for construction of the Project or O&M of the Facilities. The Project Representatives shall review the revised PS&E in a timely manner and indicate their approval or disapproval of the same to SANTA ANA, SANTA ANA shall address the comments in the drafts. SANTA ANA shall promptly provide each Project Representative with a reproducible copy of the PS&E as well as a copy of all Project -related documents, SANTA ANA shall be responsible for retaining all consultants necessary to prepare the PS&E and Approved Plans in accordance with applicable law. 2,4 Right-of-Wav 2.4.1 Prior to commencing construction, SANTA ANA shall obtahi all necessary pannits, easements, and any right of way necessary from landowners in order to use their respective properties for the construction and O&M of the Facilities. The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control. SANTA ANA shall be responsible for providing the legal descriptions required for right-of-way transactions needed for the Project, subject to the Santa Ana -Delhi Channel Diversion Project Agreement D1.5.013 Page 13 of 69 review and. approval of the Parties which are to participate in the proposed right-of-way and/or interest transaction. 2.4.2 Prior to commencing Project construction, SANTA ANA shall work with OCFCD and JWA to obtain from the hvine Company written concurrence that the proposed Project will not unreasonably interfere with their respective rights or interest in the subject property. 2.4.3 The Parties aelmowledge the primary purpose of the OCFCD/COUNTY right-of-way for the proposed Diversion Structure is for flood control purposes and operation of the Channel. If future circumstances necessitate relocation of the Diversion Structure, or if design requires additional right-of-way for the Project beyond that anticipated to be provided, the Parties shall meet and confer in good faith to identify a preferred location or other alternatives which would not impede flood control operations. Costs of relocation shall be the responsibility of the Parties and shall be allocated among the Parties, other than OCWD and IRWD, based on Sponsorship shares as specified in Exhibit C2a attached herein. 2.5 Construction 2.5.1 SANTA ANA shall be responsible for bidding, awarding, and administering the construction contract(s) of the Project in accordance with the terms of this Agreement. 2.5.2 Upon compliance with CEQA, (and NEPA if applicable), certification and approval of all necessary environmental documents, approval by all of the Project Representatives of associated mitigation requirements, receipt of all regulatory agency approvals, final approval of the PS&E and Approved Plans, and acquisition of right-of-way necessary for all work necessary for the Project, then SANTA ANA shall advertise a contract for construction. of the Project for formal ....bids per applicable sections of the California Public Contract Code, The Project Representatives shall have the opportunity to review all bids. If the lowest responsive and responsible bid would cause the Estimated Cost shown in Exhibit C3 (which includes the 20% contingency amount) to be exceeded, then the Project Representatives shall meet and confer and mutually agree by unanimous vote whether (i) SANTA ANA should award a contract for constriction of the Project to the lowest responsive and responsible bidder, (ii) SANTA ANA should reject all bids and re -bid the Project, or (iii) the Parties shall terminate or amend this Agreement. If all conditions precedent to constriction of the Project set forth in this Agreement have been satisfied, SANTA ANA shall award a construction contract to the lowest responsive, responsible bidder and enter into that contract with the Contractor. SANTA ANA shall obtain advance written approval from Parties Representatives for any construction contract change orders and the implementation thereof 2.5.3 The Parties agree to cooperate in good faith and exercise best efforts in order to meet grants) requirements set forth in Exhibit F, to the best of their knowledge, and to assist the Project in complying with a project schedule established by SANTA ANA to meet the requirements of Project permits and approvals. In addition, certain activities necessary to complete the Project may result in delays, such as securing environmental certifications/approvals, permitting, securing rights-of-way, Force Majeure Events, and/or obtaining necessary approvals of the Parties relative to design and construction of the Project. Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 14 of 69 2.5.4 For puuposes of this Section, a "Force Majeure Event" shall mean any of the following events that materially and adversely interferes with or increases the costs of performing SANTA ANA's obligations hereunder, provided that such event (or the effects of such event) could not have been avoided by SANTA ANA's use of reasonable efforts: naturally occurring events (such as landslides, underground movement, earthquakes, fires, tornadoes, hurricanes, floods, lightning, epidemics and other acts of God), Hazardous Material Management Activities (see Section 9), explosion, sabotage or other act of war or public enemy. 2.5.5 SANTA ANA shall require and ensure that the Contractor selected pursuant to this Section and each of the Contractor's subcontractors abide by the insurance requirements as specified in Exhibit G (Insurance, Bonds and Warranties), and name each Party and JWA as an additional insured, and that such Contractor's and subcontractors' indemnity, defense, hold harmless, and insurance obligations under SANTA ANA's agreement with the Contractor expressly benefit each other Party and JWA in the same manner and to the sante extent as SANTA ANA. 2.5.6 SANTA ANA shall require and ensure that the Contractor, prior to commencement of construction, furnish a faithful performance bond, payment bond, and warranty bond in an amount equal to the estimated construction cost of the Facilities (including labor and materials) and to perform contract obligations. These bonds shall, at a minimum, comply with the requirements specified in Exhibit G. Each bond shall name the Patties and JWA as beneficiaries and grants each Project Representative the right to enforce the bond to complete the Facilities in compliance with all construction obligations including but not limited to those for warranties. SANTA ANA and the Project Representatives agree to not release the Contractor from its bond(s) without the first obtaining mutual written approval by the Project Representatives. 2.5.7 During construction, SANTA ANA shall provide access for purposes of inspection by any Project Representative to ensure that the Project work is being performed in accordance with the Approved Plans. Any Party's entry during construction upon COUNTY land shall require prior notice to JWA. 2.5.8 After construction, SANTA ANA shall submit to OCFCD Director for written approval a Notice of Completion of the Diversion Structure and any other Facilities on OCFCD and/or COUNTY right-of-way, which approval shall not be unreasonably delayed, and only after receiving approval, file/record the approved Notice of Completion and furnish OCFCD two copies of the Notice of Completion and one (1) set of Mylar (reversed fixed — line photo Mylar) copies and electronic files in a format acceptable to OCFCD of the approved "Record Drawings" for the Facilities within OCFCD and/or COUNTY right-of-way. Approval shall be withheld only for work not completed per the Approved Plans. 2.5.9 SANTA ANA agrees to not release the Contractor from its performance bond or irrevocable letter of credit obligations prior to receipt of written approval from JWA and the Director to the Notice of Completion, 2.5.10 SANTA ANA shall be responsible to maintain the Channel and all OCFCD and COUNTY improvements impacted by the Project and/or within Project construction areas, according to OCFCD/COUNTY and JWA standards and criteria, until OCFCD/COUNTY and Santa Ana -Delhi Channel Diversion Project Agreement D15-013 page 15 of 69 JWA acceptance of the portion of the Facility within OCFCD, COUNTY, and/or JWA right-of- way in accordance with the terms herein. 2.6 Project Fund and Grant Administration 2,6.1 Within forty days of the Effective Date, SANTA ANA shall have established the Project Fund account in accordance with the terms herein and deposited into it any Grant funds and amounts paid by the Parties for Project in its possession. SANTA ANA shall be the Grant administrator and hold Grant funds and amounts paid by the Parties for Project Capital Costs in this separate Project Fund, SANTA ANA shall implement disbursements from the Project Fund to pay such Project costs as they become due and in accordance with the terms of the Grant and this Agreement. 2.6.2 SANTA ANA shall accept and use the OCWD's contribution of ONE MILLION DOLLARS and 00/100 ($1,000,000.00), made pursuant to Paragraph 2.6.4 below, for the Project construction cost. The funds shall be made available through an escrow account and paid when construction is completed. 2.6.3 SANTA ANA shall keep appropriate records and accounts of all costs. Said records and accounts shall be subject to reasonable inspection by Project Representatives at their expense and by any Grant funding authorities. Said accounts and records may be audited annually by an independent certified public accounting firth appointed by SANTA ANA pursuant to generally accepted auditing standards. Costs incurred due to this section are to be paid by the Party or Parties initiating the inspection or audit. SANTA ANA agrees to remain at all times in compliance with the terms of the Grant. 2.6.4 SANTA ANA shall forward to. OCWD. a copy of the Notice of Completion approved by the Director with written request for payment of the ONE MILLION DOLLARS and 00/100 ($1,000,000.00) pursuant to this Agreement. OCWD's contribution will be deposited into the Project Fund and used prior to SANTA ANA invoicing the remaining Parties as part of the final reconciliation of the Proj act Fund. 2.6,5 SANTA ANA shall provide Project Fund account statements with updated accounting reconciliations provided upon written request from a Project Representative. Any interest accrued on the Project Fund shall be for the benefit of the Project Fund. A final reconciliation and detailed accounting report will be provided by SANTA ANA upon completion of the Project to each Party. Within forty-five (45) calendar days of Project completion, any excess funds remaining in the Project Fund, minus any unexpended Grant funds, shall be distributed to the Parties per the proportionate shares specified in Exhibit C2. 2.7 Operation and Maintenance (O&M) 2.7.1 SANTA ANA shall be responsible for the preparation of the O&M Manual for the Facility and components thereof as part of the construction contract and its distribution to the Parties for review and approval by the Project Representatives. The Notice of Completion for the Facilities shall not be prepared until the O&M Manual has been approved. SANTA ANA agrees Santa Ana�Delhi Channel Diveraion Project Agreement D15.013 Page 16 of 69 the Facilities shall be exclusively for the mutual use and benefit of all the Parties and those additional parties allowed pursuant Section 8 below. 2.7.2 Within forty (40) days of the Effective Date, SANTA ANA shall pay the amount of ONE MILLION DOLLARS and 00/100 ($1,000,000.00) to OCFCD as the initial deposit of O&M finds into the O&M Account ("Initial O&M Deposit"). 2.7.3 After exhaustion of the Initial O&M Deposits, SANTA ANA agrees to contribute to long-term O&M costs per its proportionate share as specified in Exhibit C2. 2.8 Project Costs 2.8.1 SANTA ANA shall be reimbursed for its actual Project Costs and actual design and construction administrations costs not to exceed the estimated amounts shown on Exhibit C3. SANTA ANA shall prepare invoices accordingly and shall be reimbursed from the Project Fund after sending its invoice(s) with documentation substantiating its actual costs to the Project Representatives within 30 days of reimbursement. SECTION 3 RESPONSIBILITIES OF OCFCD AND COUNTY 3.1 General. Resonsibilities 3.L1 OCFCD and COUNTY ("OCFCD/COUNTY") shall review the Project plans and financially contribute toward the Project Fund as shown in Exhibit C2. Within forty (40) days of the execution of this Agreement, OCFCD and COUNTY shall deliver to SANTA ANA a hump sum amount for design, construction, and the annual O&M; not exceed ONE MILLION, SIX - HUNDRED THOUSAND ($1,600,000) as established per Exhibit C2, which will be deposited into the Project Fund Account. Upon sign-offof all related CPP at completion of Project construction according to the Approved Plan, OCFCD shall take ownership, ongoing long term O&M for the portion of the Facility located upon OCFCD, COUNTY and/or JWA right-of-way. 3,2 Environmental Review / Permitting 3,23 OCFCD/ COUNTY and JWA shall comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements obtained for the Project provided those commitments and conditions have been approved by the OCFCD/COUNTY Project Representative and applied to each Party's responsibilities under this Agreement. 3.2.2 OCFCD/ COUNTY Project Representative's prior review and approval of permit conditions and other resource agency approvals shall be required for any that affect or could impact the construction or O&M of the Diversion Structure within OCFCD or COUNTY right- of-way or facilities, or other OCFCD/ COUNTY O&M activities. 3.3 Design Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 17 of 69 33.1 OCFCD, COUNTY and JWA shall review all draft and final design reports, calculations, and PS&E submitted by SANTA ANA for Project through the CPP process. Such OCFCD, COUNTY, JWA review and approval will be limited to review of the proposed Facilities on OCFCD, COUNTY or TWA right -o£ --way for conformance with OCFCD, COUNTY or JWA standards, criteria, customs, and practices; to review implications upon the Golf Lessee and proposed remedies, and to ensure the proposed will not interfere with the flood control function of the Channel. Subsequent to the OCFCD, COUNTY, JWA final PS&E approval that becomes the Approved Plans upon mutual acceptance by all Project Representatives, any material design change variance shall require mutual approval by all Project Representatives. Any design change which if implemented would materially alter the terms and financial obligations of the Parties shall require an amendment of this Agreement approved in writing by each Party's board or council. 3A Right of Way 3A.1 Temporary Construction Easement Ninety (90) days prior to the commencement of any construction activities for the Project, JWA shall deliver to SANTA ANA a Temporary Construction Easement (TCE), substantially in the form of Exhibit D attached, signed and acknowledged by the Airport Director and approved by The Irvine Company in accordance with COUNTY's vesting document obligations. If requested by JWA, SANTA ANA shall provide a legal description in accordance with Section 2.4.1 above for this TCE in a form acceptable to The Irvine Company, COUNTY and OCFCD. 3,4.2 Easement Prior to the commencement of any construction activities for the Project, if deemed necessary, JWA shall deliver to the OCFCD's Director an easement deed substantially in the form of Exhibit E, with a legal description provided by SANTA ANA in accordance with Section 2.4.1 above that has been approved by The Irvine Company in accordance with the terms of COUNTY's vesting deed. The easement would convey rights to OCFCD needed for O&M of the portion of the Facilities located on COUNTY land. OCFCD/COUNTY/JWA legal and administrative costs associated with this easement are a Project cost in Exhibit C3. SANTA ANA shall receive invoices accordingly from JWA and COUNTY for payment of said costs. SANTA ANA shall pay invoices as they become due from the Project Fund. JWA and COUNTY shall keep appropriate records and accounts supporting amormts 'invoiced. Said records and accounts shall be subject to reasonable inspection by Project Representatives at their expense and by any Grant funding authorities. 3.5 Construction 3.5.1 hr order to reduce Project costs, OCFCD, COUNTY and JWA shall waive any costs or fees with respect to the permits issued by either of them in furtherance of the Project. The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control. Santa Ana -Delhi Clrannol Diversion Project Agreement D15-013 Page 18 of 69 3.5.2 During construction OCFCD, COUNTY and .TWA, their agents, employees and contractors, shall have adequate access to Project areas, to perform their responsibilities pursuant to any issued CPP, this Agreement, and activities authorized under the Orange County Flood Control Act. OCFCD and COUNTY shall assign the Oversight Inspector to verify that construction of the Diversion Structure and other Facilities on OCFCD and COUNTY right -o£ - way are accomplished in a good, workman -like manner and in accordance with the Approved Plans per OCFCD and COUNTY standard. The Oversight Inspector shall notify JWA and SANTA ANA's .Project inspector of any issue with construction per the terms of the CPP. 3.53 Upon receipt of notification by SANTA ANA that the Facilities (including the Diversion Structure) have been substantially completed, the CPP Inspector shall conduct a walk-through to provide a, list of outstanding items, if any, needed to close out the construction permit. The Oversight Inspector shall communicate his/her concerns on all matters related to construction of Facilities within, or affecting OCFCD and/or COUNTY's right-of-way through SANTA ANA's Project inspector. Upon completion of the construction and satisfaction of all outstanding items, the Director shall provide SANTA ANA with written approval that construction of the Diversion Structure has been completed per the Approved Plans and the related CPP shall be signed off. Upon sign -off of all related CPP at completion of Project construction according to the Approved Plan, OCFCD/COUNTY shall take ownership and long-term O&M. 3.5.4 OCFCD/COUNTY costs associated with the Oversight Inspector, CPP, and any other independent inspection of the Project construction are a Project cost in Exhibit C3. SANTA ANA shall receive invoices accordingly through CPP for payment of said costs. SANTA ANA shall pay invoices as they become due from the Project Fund. OCFCD/COUNTY shall keep appropriate records and accounts supporting amounts invoiced. Said records and accounts shall be subject to reasonable inspection by Project Representatives at their expense and by any Grant funding authorities. 3.6 Grant 3.6.1 OCFCD/COUNTY acknowledges the Project is made possible by virtue of certain Grants and agrees to make every effort to assist and cooperate with SANTA ANA, the Grant Administrator, for the Project to remain in fall compliance with the terms of the Grant. 3.7 Operation and Maintenance 3.7.1 Upon OCFCD/COUNTY acceptance of Facilities within OCFCD/COUNTY and/or JWA right-of-way, OCFCD shall either perform Facility O&M or alternatively, OCFCD shall enter into a contract for a third party ("O&M Contractor") to perform the Facilities O&M. The Facilities shall be operated and maintained in accordance with the terms approved by the Director as set forth in the O&M Manual, An approved O&M Manual pursuant to Section 2.7 above and O&M contracts covering the entire Facilities shall be provided to OCFCD/COUNTY, JWA and COSTA MESA by SANTA ANA prior to completion of Project construction to ensure long-term Facility O&M. In the case where OCFCD or COSTA MESA has chosen to perform their respective O&M duties without the aid of an independent contractor, an O&M contract may not be required. Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 19 of 69 3.7.2 OCFCD and COSTA MESA shall ensure their O&M Contractor and those performing O&M abide by the Insurance Requirements as specified in Exhibit G (Insurance, Bonds, and Warranties), and name each Party and JWA as an additional insured, and that such Contractor's and subcontractors' indemnity, defense, hold harmless, and insurance obligations under their respective O&M contract with the Contractor and that it expressly benefit each other Party and JWA in the same manner and to the same extent: as if they were the original signatories of said contract, OCFCD and COSTA MESA shall further ensure workers including third party contractors follow the O&M Manual and other maintenance manuals or guides for the Facilities. 3.7.3 Within fifteen (15) days of written notice from a Project Representative of a necessary repair and/or replacement or other remedial action for compliance with the O&M Manual or this Agreement, the O&M Contractor, OCFCD and/or COSTA MESA depending upon the location in need of said work shall promptly take action to perform the necessary work. Should that party not commence or diligently work toward completion of the repairs, replacement, and/or remedy required, the Project Representative may perforin or cause the repairs, replacement, and/or remedy to be completed, and the costs thereof may be reimbursed from an O&M Fund. 3.7.4 If in the course of normal O&M Facility operations, OCFCD/COUNTY notice unusual types and quantities of debris and trash collected at the Facility, the Director will so notify the Parties who may discuss what upstream debris and trash reduction measures should be implemented in the tributary system to resolve this issue which would be addressed in a separate agreement, not included within obligations herein. Costs to implement these measures, as possible, will not be assessed against an O& YI Fund furless agreed to by the Parties. Each Party shall maintain its infrastructure, as needed, to minimize the conveyance of any debris and trash to the Diversion Facility, If unusual amounts of debris are found in the Facility, the Parties will discuss what upstream debris and trash reduction measures should be implemented in the tributary system to resolve this issue. 3.7.5 Operational and Maintenance Costs Within 40 days of the Effective Date, SANTA ANA shall disburse an upfront, ltunp-sum initial $1,000,000 payment into the O&M Fund of OCFCD as the Initial O&M Deposit. A Party's proportionate share obligation to fund Additional Annual O&M Costs are to be paid as indicated on Exhibit C2 on., or before January Iet of each year, or as otherwise established in writing by the Parties, OCWD and IRWD shall not have any obligation to fund Additional O&M Costs. Amounts paid by the Parties for Additional Annual O&M may be deposited into separate O&M Fund accounts held by either OCFCD or COSTA MESA designated for O&M of the Facilities. OCFCD and COSTA MESA shall pay costs out of their respective O&M Funds as they become due and in accordance with the terms of this Agreement. COSTA MESA O&M Fund and charges are addressed in Section 5. 3.7.6 Overlies 3.7.6.1 All O&M costs for Project Facilities allocated to the Parties in accordance with the terms herein shall include the cost of OCFCD/COUNTY labor, services and equipment, determined on a time and material basis, using the actual number of man-hours and equipment -hours required Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 20 of 69 (including travel time to and from their respective facilities), multiplied by the applicable rates for the crew members and equipment deployed, Aftcr-hours services (defined as between 5:00 p.m, on a working day and 7:00 a.m. on the next, following work -day; a "work day" shall exclude Saturday, Sundays and designated holidays for OCFCD/COUNTY unless otherwise approved by the respective Project Representative for OCFCD/COUNTY) will be charged at time and a half, Equipment and material rates shall be approved by the Project Representative for OCFCD/COUNTY and in accordance with OCFCD/COUNTY's respective standards and practices. 3.7.6.2 The labor rates are comprised of direct and indirect components. The direct labor rate component is adjusted periodically by the authorized representatives of OCFCD/COUNTY as salary adjustments, which may include cost of living, competitive wage, benefit and annual hourly -rate schedule increases. The indirect component of the labor rate reflects the general and administrative cost, which shall include burden rates as established by OCFCD/COUNTY covering costs associated with overhead, contract management and other services provided ("Burden Rate"). As of the Effective Date, the Burden Rate for OCFCD/COUNTY is Seventy Four Point Three Six Percent (74.36%). The Parties acknowledge said Burden Rate is subject to change, and agree to ,pay the Burden Rate in effect when labor, services or equipment are provided. 3.7.7 Nuisance Prevention Measures. The Parties acknowledge the Diversion Structure is situated on COUNTY land with certain recorded deed restrictions and conditions prohibiting use of the land for any purpose which would constitute a nuisance or be offensive to the senses, health or safety of persons occupying the land or adjoining land. The Parties further agree OCFCD/COUNTY, the Director, an O&M Contractor or any party upholding the O&M duties of those portions of the Facilities on COUNTY land may take any reasonable action and incorporate cleaning and maintenance measures designed to reduce or eliminate odors or others aspects of the Facilities or Project at the site which might violate the aforementioned nuisance deed restrictions or to remedy a matter of particular concern they have been alerted to by person occupying the land or adjoining land. Costs associated with any such action, measure, and communications concerning these matters shall be reimbursed from the O&M Fund or Reserve Fund. The schedule for regular occurring maintenance, removal and hauling of trash and debris may be adjusted at the Director's sole discretion. The O&M Manual shall not limit the ability to adapt maintenance procedures or restrict implementation of alternate preventive measures to avoid the presence of a nuisance. 3.7.8 Hauling, Disposal and Discharge Costs. Facilities O&M requires the handling, extraction, hauling and disposal of solids and the discharge of diverted flows; therefore, the Parties, with exception of OCWD and IRWD, agree to jointly share in the responsibility for any such costs and charges associated therewith. Each Party shall pay its respective proportionate share of these costs as an 0&M cost obligation. Notwithstanding the foregoing, the Parties agree to abide the terms in Section 9 (Hazardous Material) concerning the presence of a hazardous or toxic substances, material or waste and that this section shall not be interpreted as restricting or limiting a Party's hazardous material responsibilities herein or under federal or state law. Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 21 of 69. 3.7.9 Reserve Fund. After exhaustion of the Initial O&M Deposit, a portion of the O&M fluid may be deposited and designated as the Reserve Fund which is to be used to repair or replace the Facilities, Project - related Channel improvements and/or appurtenances, or portions thereof, damaged due to a catastrophic event (e.g. a severe storm, seismic activity, or fire). . COSTA MESA may utilize Reserve Funds for the portions of the Facilities it shall own and maintain by having their Project Representative send a written request with supporting documentation to the Director that specifies use of fiords consistent with Reserve Fund purposes. The Director shall provide Reserve Fund account statements with the annual O&M Fund reporting. Additional Annual O&M Casts contributions from the Parties, in accordance with the terms herein, are to be used to replenish the O&M Fund and Reserve Fund. . 3.7.10 Additional Annual O&M Costs A Party's proportionate share obligation to fund Additional Annual 0&M Costs are to be paid as indicated on Exhibit C2 to OCFCD on, or before January 1" of each year, or as otherwise established in writing by the Parties. OCWD anti IRWD shall not have any obligation to fund Additional O&M Costs. OCFCD shall pay costs out of its O&M Fund as they become due and in accordance with the terms of this Agreement. 3.7.11 After exhaustion of the Initial O&M Deposit, OCFCD/COUNTY agree to contribute to tong term O&M costs per its joint proportionate share as specified in Exhibit C2. 3.7.12 Records OCFCD shall maintain a complete set of records and accounts of all O&M Costs, maintenance activities and schedules in accordance with generally accepted accotmting principles. Upon reasonable notice, OCFCD shall permit a Party or Parties' Project Representatives to inspect and audit all work, materials, payroll, books, accounts, and other data and records of OCFCD. Project Representatives shall also have the right to reproduce any such books, records, and accounts. The above provisions with respect to audits shall extend to and/or be included in contracts with OCFCD'S contractors. Costs incurred pursuant to this section are to be paid by the Party or Parties initiating any inspection or audit. 3.7.13 O&M Cost Annual Report OCFCD shall provide Sponsors an annual report of 0&M Account transactions; that includes, O&M Costs, the O&M Fund of OCFCD and any Reserve Fund maintained by OCFCD. Should the initial O&M Deposit be depleted to less than $400,000 by the enol of the fifth year of Facility operations, OCFCD shall so notify all Project Representatives who may meet and confer to evaluate if changes in O&M and fiscal strategies should be implemented, and to ensure enough funds by the Sponsors are available for OCFCD and COSTA MESA to satisfy their respective O&M responsibilities. Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 22 of 69 SECTION 4 RESPONTSIBILITIES OF NEWPORT BEACH 4.1 General Responsibilities NEWPORT BEACH shall review the Project's plans and financially contribute toward the Project Fund as indicated in Exhibit, C2. 4,2 Environmental Review: Permitting NEWPORT BEACH shall comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements obtained for the Project as those commitments and conditions apply to their responsibilities under this Agreement, Notwithstanding the foregoing, NEWPORT BEACH through its designated Project Representative shall review and approve all permit conditions and other resource agency approvals that affect the construction and O&M of the Facilities, or any portion thereof within its jurisdiction and in, on, or about its right-of-way as to its respective compliance with applicable Regulations. 4,3 Design NEWPORT BEACH shall review all draft and final Project design reports, and PS&E submitted for their approval and shall have its Project Representative respond in writing to SANTA ANA as to a submittal's review for approval in a timely manner. Subsequent to approval of the final design, any material design change variance shall require mutual approval by the Project Representatives. 4.4 Right of Way As indicated in the Preliminary Plan Exlribit B no pipelines for the Project are proposed to be installed within the public right-of-way of NEWPORT BEACH. However, in the event the final design necessitates the use of public right-of-way and in order to reduce Project costs, provided that a request is in compliance with all permits and regulatory approvals, NEWPORT BEACH shall allow the Project Facilities or portion thereof (including the aforementioned pipelines) to be constructed, operated, and maintained, after an appropriate review, within its respective right of way. Any additional project costs shall be shared by the Parties other than OCWD and IRWD. 4,5 Construction NEWPORT BEACH shall waive any costs or fees with respect to the permits issued by it in furtherance of the Project. The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control, Prior to SANTA ANA's construction completion of the Diversion Structure and other Facilities, NEWPORT BEACH shall have its respective Project Representative conduct a walk-through to promptly review the improvements and provide any comments. Upon satisfaction of any and all Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 23 of 69 the comments or. items, NEWPORT BEACH shall have its Project Representative provide written approval to SANTA ANA that the Facilities have been constructed in accordance with the Approved Plans or are otherwise acceptable. 4.6 Contribution 4.6.1 Within forty (40) days of the execution of this Agreement, NEWPORT BEACH shall deposit a lump sum amount of ONE MILLION, FIVE -HUNDRED THOUSAND DOLLARS and 00/100 ($1,500,000.00), as established per Exhibit C3, into the Project Fund Account. 4.6.2 After exhaustion of the Initial O&M Deposit, NEWPORT BEACH agrees to contribute to long term O&M costs per its joint proportionate share as specified in Exhibit C2, SECTION 5 RESPONSIBILITIES OF COSTA MESA 5.1 General Responsibilities COSTA MESA shall review the Project plans and financially contribute toward the Project Fund as shown in Exhibit C2. In furtherance of the Project, Costa Mesa may include the installation of a segment of the Project's force main in conjunction with one of their City's current construction contracts, In this case, costs to construct this portion shall off -set its financial contribution shown in Exhibit C2. Upon completion of the Project, COSTA MESA shall take ownership, ongoing long-term. O&M responsibilities for the Project force main or pipeline, excluding those portions which are part of the Facilities located on OCFCD, COUNTY and/or JWA right-of-way. 5.2 Environmental Review / Pernitting. COSTA MESA shall comply with all of the commitments and conditions set forth in the environmental documentation, environmental perrnits, approvals, and applicable agreements obtained for the Project as those commitments and conditions apply to its responsibilities tinder this Agreement. Notwithstanding the foregoing, COSTA MESA through its designated Project Representative shall review and approve all permit conditions and other resource agency approvals that affect the construction and O&M of those portions of the Facilities not on OCFCD, COUNTY and/or JWA right-of-way as to its respective compliance with applicable Regulations. 5.3 Design COSTA MESA shall review all draft and final Project design reports, and PS&E submitted for its approval and have its Project Representative respond in writing to SANTA ANA in a timely maturer. Subsequent to approval of the final design, any material design change variance shall require mutual approval by the Project Representatives. Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 24 of 69 5.4 Right of Way As indicated in the Preliminary Plan Exhibit B pipelines for the Project are proposed to be installed within the public right -o£ --way of COSTA MESA. In order to reduce Project costs, provided that a request is in compliance with all permits and regulatory approvals, COSTA MESA shall allow the Project Facilities or portion thereof (including the aforementioned pipelines) to be constructed, operated, and maintained within its respective right of way at no additional cost. 5.5 Construction In order to reduce Project costs, COSTA MESA shall waive any costs or fees with respect to the permits issued by it in furtherance of the Project, The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control. Upon receipt of notification that the Facilities or separately constructed portions thereof have been substantially completed, COSTA MESA shall have its Project Representative conduct a walk-through to promptly review the improvements and provide any comments as to any portion of the Facilities not on OCFCD, COUNTY and/or JWA right-of-way. Upon satisfaction of any and all the comments or items, COSTA MESA shall have its Project Representative provide written approval to SANTA ANA that said Facility components have been constructed in accordance with the Approved Plans or otherwise acceptable. Said notice shall be deemed COSTA MESA'S acceptance of ownership and maintenance responsibility for the portions of the Facilities not on OCFCD, COUNTY and/or JWA right-of-way. 5.6 Contribution 5.6.1 Within forty (40) days of the execution of this Agreement, COSTA MESA shall deposit a lump sum amount of SIX -HUNDRED THOUSAND DOLLARS AND 00/100 ($600,000.00), as indicated in Exhibit C2, into the Project Fund Account. COSTA MESA has the option to construct a segment of the force main in conjunction with one of their construction contracts; in this case, costs expended to construct this portion shall off -set their financial contribution as established herein; in which their portion of the $600,000 shall be used. SANTA ANA shall advance COSTA MESA, under separate agreement, the $600,000 and any additional funds required for the construction of a portion of the force main with one of their construction contracts. COSTA MESA shall reimburse SANTA ANA as stipulated per their agreement. 5.7 Operation and Maintenance 5.7.1 Upon COSTA MESA acceptance of certain Facility pipeline and appurtenant components, COSTA MESA or its contractor shall perform the O&M for said improvements with all expenses and costs reimbursed from an O&M Fund, as specified in Section 3.7.3 or Reserve Fund. The Facilities shall be operated and maintained in accordance with the terms as set forth in the O&M Manual. COSTA MESA shall ensure any of its contractors performing O&M on the Facilities abide by the Insurance Requirements as specified in Exhibit G (Insurance, Bonds, and Warranties), and name each Party and JWA as an additional insured, and Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 25 of 69 that such contractor's and subcontractors' indemnity, defense, hold harmless, and insurance obligations under their respective contract expressly benefit each other Party and AWA in the same manner and to the same extent as if they were the original signatories of said contract. COSTA MESA shall further ensure workers including third party contractors follow the O&M Manual and other maintenance manuals or guides for the Facilities. 5.7.2 Within twenty (20) days of written notice from a Project Representative of a necessary repair and/or replacement or other remedial action for compliance with the O&M Manual or this Agreement within those portions of the Facilities owned and maintained by COSTA MESA, COSTA MESA shall promptly take the remedial action to perform or have its contract perform the necessary work. Should it not commence or diligently work toward completion of the repairs, replacement, and/or remedy required, OCFCD may perform or cause the repairs, replacement, and/or remedy to be completed, and the costs thereof may be reimbursed by invoicing the other Parties according to their proportionate share as shown in Exhibit C2 and the terms herein. 5.8 Additional Annual O&M Costs 5,8.1 A Party's proportionate share obligation to fund Additional Annual O&M Costs are to be paid as indicated, on Exhibit C2 on, or before January tat of each year, or as otherwise established in writing by the Parties. OCWD and IRWD shall not have any obligation to find Additional O&M Costs. COSTA MESA shall pay costs out of its O&M Funds by collaborating with OCFCD to acquire said funds for Facility O&M Costs in accordance with the terms of this Agreement. 5.9 O&M or Reserve Fund Utilization 5,9.1 In addition to reimbursement for payment of expenses, COSTA MESA may recover as O&M costs allocated to the Parties in accordance with the terms herein its labor, services and equipment costs determined on a time and material basis, using the actual number of man-hours and equipment -hours required (including travel time to and from their respective facilities), multiplied by the applicable rates for the crew members and equipment deployed. After-hours services (defined as between 5:00 p.m. on a working day and 7:00 a.m. on the next, following work -day; a "work day" shall exclude Saturday, Sundays and designated holidays for COSTA MESA unless otherwise approved by the respective Project Representative for COSTA MESA) will be charged at time and a half. Equipment and material rates shall be approved by the Project Representative for COSTA MESA, as the case may be, and in accordance with its respective standards and practices. 5.9.2 The labor rates are comprised of direct and indirect components. The direct labor rate component is adjusted periodically by the authorized representatives of COSTA MESA as salary adjustments, which may include cost of living, competitive wage, benefit and annual hourly -rate schedule increases. The indirect component of the labor rate reflects the general and. administrative cost, which shall include COSTA MESA Burden Rate. As of the Effective Date, the Burden Rate for COSTA MESA is 89%. The Parties acknowledge said Burden Rate is subject to change, and agree to pay the Burden Rates in effect when labor, services or equipment are provided. Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 26 of 69 5.9.3 COSTA MESA may utilize Reserve Funds to repair or replace the Facilities or portions thereof, damaged due to a catastrophic event (e.g, a severe storm, seismic activity, or fire) by sending a written request with supporting documentation to the Director that specifies a use of funds consistent with Reserve Fund purposes. Upon completion of work paid with Reserve Funds, COSTA MESA shall send OCFCD an accounting of expended funds and return any unused ftmds for deposit back into the Reserve Account, 5.9.4 After exhaustion of the Initial 0&M Deposit COSTA MESA agrees to contribute to long term O&M costs per its joint proportionate share as specified in Exhibit C2. 5.10 Records COSTA MESA shall maintain a complete set of records and accounts of all O&M costs, maintenance activities and schedules in accordance with generally accepted accounting principles. Upon reasonable notice, COSTA MESA shall permit a .Party or Parties' Project Representatives to inspect and audit all work, materials, payroll, books, accounts, and other data and records of COSTA MESA. Project Representatives shall also have the right to reproduce any such books, records, and accounts. The above provisions with respect to audits shall extend to and/or be included in contracts with COSTA MESA'S contractors. Costs incurred due to this section are to be paid by the Party or Parties initiating any inspection or audit. SECTION 6 RESPONSIBILITIES OF IRWD 6.1 General Responsibilities IRWD shall review the Project's plans and financially contribute toward the Project Fund as shown on Exhibit C 1. 6.2 Environmental Review; Permittin IRWD shall comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements obtained for the Project as those commitments and conditions apply to its responsibilities under this Agreement, 6.3 Desi>rn IRWD shall review all draft and final Project design reports, and PS&E submitted for its approval. IRWD's Project Representative shall respond in writing to SANTA ANA as to a submittal's review for approval in a timely manner. Subsequent to approval of the final design, any material design change variance shall require mutual approval by the Project Representatives. 6.4 Right of Way -.Intentionally deleted Santa Ana -Delhi Chanael Diversion Project Agreement D15-013 Page 27 of 69 6,5 Construction IRWD shall waive any costs or fees with respect to the permits issued by IRWD in furtherance of the Project. The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control, Prior to SANTA RNA's construction completion of the Diversion Structure and other Facilities, IRWD shall have its Project Representative conduct a walk-through to promptly review the improvements and provide any comments. Upon satisfaction of any and all the comments or items, IRWD shall have its Project Representative provide written approval to SANTA ANA that the Facilities have been constructed in accordance with the Approved Plans or are otherwise acceptable. 6.6 Contribution 6.6,1 Within forty (40) days of the later of (i) execution of this Agreement or (ii) the expiration of the applicable challenge periods for the Project environmental documentation or (iii) the resolution of all court actions challenging such environmental documentation, IRWD shall make a one-time lump sum payment of ONE HUNDRED AND NINETY-FIVE THOUSAND DOLLARS ($195,000), as denoted per Exhibit Cl, into the Project Fund Account. 6.6.3 IRWD shall not be obligated to pay or contribute to O&M costs or required to contribute to the Reserve Fund for the Facility. Provisions in this Agreement stating IRWD's non - responsibility for particular costs or contributions shall not limit the generality of this Section. 63 Discharges During the Term 6.7.1 IRWD shall have the right to continue to apply for permits consistent with the terms and conditions of IRWD's existing CPP issued permits Nos. 2015-00435, 2015-00443, 2015-00444, 2015-00445, 2015-00461, 2015-00439, 2015-00440 and 2015-00441 allowing for their discharge(s) into Santa Ana Gardens Channel (which further discharges to the Channel) from its Well Nos. IRWD-1, IRWD-11, IRWD-C-8, and IRWD-C-9, and directly into the Channel from. its Well Nos. IRWD-2, IRWD-4, IRWD-5 and IRWD-6, or any replacements to these wells in kind, with similar discharge release, quantities and timing. 6.7.2 COUNTY shall not unreasonably cancel or withhold renewal of any such discharge permits to IRWD, which are in full compliance and effect on the Effective Date, on substantially the same terms and conditions, provided IRWD abides by COUNTY's permit application and renewal process with payment of applicable standard fees. SECTION 7 ORANGE COUNTY WATER DISTRICT 7,1 General Responsibilities The Project proposes to divert dry -weather flows an Orange County Sanitation District ("OCSD") trank line for conveyance to its sanitary sewer treatment plant and thereafter to the Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 28 of 69 OCWD Groundwater Replenislunent System. In furtherance of the Project, OCWD will make a one-time, lump -sum payment of ONE MILLION DOLLARS ($1,000,000) toward the Project constriction costs ("OCWD Project Contribution") pursuant to the terms and conditions provided herein. OCWD shall have no responsibility for the design, construction, operation, maintenance or repair of the Project. OCWD's sole responsibility ander this Agreement shall be payment of the OCWD Project Contribution in accordance with the terms herein. 7.2 Environmental Review; Permitting, Intentionally deleted 7.3 Desi n. Intentionally deleted 7.4 Right of Way. Intentionally deleted 7.5 Construction. Intentionally deleted 7.6 Contribution. Within fifteen days of receipt from SANTA ANA of a copy of the issued Notice of Completion, OCWD shall pay SANTA ANA the OCWD Project Contribution, OCWD shall not be responsible for sharing the O&M Costs to operate and maintain the Facility or required to contribute to the Reserve Fund for the Facility. 7.7 Water Recipient. OCWD agrees to receive water generated by the Project by allowing flows which are diverted by the Project into an OCSD trunk line and sanitary treatment plant to be conveyed via transmission pipelines into OCWD's Groundwater Replenishment System, The Parties mutually agree that neither the Project nor operation of the Facilities shall require OCWD to pay for its receipt of the Project's water (other than OCWD's payment of the OCWD Project Contribution). Nothing contained in this Agreement or in any document related hereto shall be construed to imply any representation or warranty, either express or implied, by any Party as to the quantity, quality, nature or condition of water or flows diverted by virtue of the Project or a guarantee with regard to water rights or any interest therein. SECTION 8 INDEMNIFICATION 8.1 In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Government Code, each Party, pursuant to the authorization contained in Sections 895.4 and 895.6 of the Government Code, hereby agree to and shall indemnify and hold harmless the other Parties as provided in this Section. 8.2 SANTA ANA shall assume the defense of, indemnify and hold harmless the other Parties and 7WA, and each of their elected or appointed officers, employees, officials, volunteers, and Santa tuna -Delhi Channel Diversion Project Agreement D15-013 page 29 of 69 agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or expense to persons or property arising from or related to, or claimed to have arisen from or be related to, the Diversion Structure, the Facilities and/or the Project or implementation of this Agreement, including claims or liability associated with SANTA ANA'S responsibilities herein, including but not limited to, environmental compliance, design, construction, replacement, use, operation, maintenance, and/ or repair, of the segment of Channel impacted by the Project, the Diversion Structure, and/or the Facilities, or resulting from SANTA ANA's breach of its obligations tinder the Agreement, except to the extent such actions, damages, claims, losses, expenses or liabilities have arisen from or relate to the willful misconduct or negligent acts of the indemnified Party, or result from such Party's breach of its obligation(s) under the Agreement. 8.3 Each of the Parties, other than SANTA ANA and OCWD, shall assume the defense of, indemnify and hold harmless the other Parties and JWA, and each of their elected or appointed officers, employees, officials, volunteers and agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or expense to persons or property arising from or related to, or claimed to have arisen from or be related to, the willful misconduct or negligent acts or omissions of, or result from the breach of this Agreement by, such Party in connection with its participation in the Project or use of the Diversion Structure or other component of the Facilities, except to the extent such actions, damages, claims, losses, expenses or liabilities have arisen from the willful misconduct or negligent acts or omissions of, or result from the breach of this Agreement by, the indemnified Party. If judgment is entered against all the Parties by a court of competent jurisdiction because of the concurrent active negligence or improper acts of one or more Parties, the Parties agree that liability will be apportioned as determined by the court. No Party shall request a jury apportionment. 8.4 To the fullest extent permitted by law, each of the. Parties other than IRWD, shall defend, indemnify, protect, and hold harmless OCWD, its officers, agents, employees, and independent contractors (OCWD Indemnitees) from and against any and all liabilities, actions, suits, claims, demands, losses, costs, tortious, contractual, condemnation, inverse condemnation, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons, for damage to property, or liability of any kind or nature which OCWD Indemnities may sustain or incur upon them or any of them as a result of, arising out of, or in any way connected with this Agreement, use, operation, maintenance, replacement, and/ or repair of improvements, the segment of Channel in association with the Project, the Diversion Structure, and Facilities or portions thereof, from any violation of any federal, state, or local law or ordinance, except to the extent such Claims are alleged to be proximately caused by the negligent acts, omissions or willful misconduct of OCWD Indemnities in connection with or arising out of this Agreement, or the performance or breach of this Agreement or the O&M Manual. SECTION 9 HAZARDOUS MATERIAL "HM -1" is defined as hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law existing prior to the Project Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 30 of 69 and not disturbed by the Project. "HM -2" is defined as hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the Project or as a result of the Project. "HM Management Activities" is defined as management activities related to either HM -1 or HM -2 including, without limitation, any necessary manifest requirements, clean-up and disposal facility designations. If HM -1 or HM -2 is found during Project implementation, SANTA ANA will immediately notify the Parties. The Parties are responsible for any HM -1 found within property they own to the extent provided by applicable law, and entry into this Agreement shall not cause that liability to be assumed by or transferred to any other Party. If HM -1 is discovered, the Parties will meet to determine the most cost-effective solution to deal with the HM -1 including, but not limited to, changes to the Project. Unless otherwise mutually agreed by the Parties, other Parties shall not be responsible for the cost of HM Management Activities related to HM -1 on another Party's property, if any. If HM -2 is found within Project limits, SANTA ANA will be responsible for HM Management Activities related to HM -2 within the Project limits. HM -2 related HM Management Activities during construction shall be paid as a Project construction cost. HM -2 related HM Management Activities after constnzction shall be paid from an O&M Fund in accordance with the terns herein. SECTION 10 REGULATORY CREDITS & OFFSETS If the Project, is considered a qualified offset program by the Regional Board, such that load reductions create regulatory credits or offsets that may be traded among the Parties or collectively traded or sold to others by actions taken by a Party's Project Representative, the Parties agree that the credits will accrue to the Sponsors in proportion to their Sponsorship Share on Exhibit C2a or C2b, whichever is then in effect. Prior to offering its regulatory credits or offsets for trade or sale to others, a Sponsor through its associated Project Representative shall first present such offer to the other Sponsors' Project Representatives who shall have a fust right of refusal, to acquire according to their Sponsorship Share, SECTION 11 ADDITIONAL POINT SOURCE PARTICIPANTS 11.1 At anytime the Project Facilities becoming operational, additional panties may wish to participate in the Project. Parties may initiate negotiations with others that move into the Watershed Area, such that they could enter into an agreement as an Additional Participant to receive regulatory compliance, offsets or credits offered by the Project, provided that the party appropriately contributes toward the O&M costs. 11.2 Additional Participants shall enter into an agreement with a tern coinciding with this Agreement that is signed by all Parties. The Additional Participant shall agree to comply with the terms and conditions herein (excluding those pertaining solely to the Project's design and construction) and to pay invoices for their Cost Share of O&M costs within forty (40) days of receipt of an invoice. Each Additional Participant shall indemnify and hold the Parties and JWA and each of their elected or appointed officers, employees, officials, volunteers, and agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 31 of 69 expense to persons or property arising from or related to, or claimed to have arisen from or be related to, the willful misconduct or negligent acts or omissions of, or result from the breach of this Agreement by, such Party in connection with its participation in the Project or use of the Diversion Structure or other component of the Facilities. Additional Participants shall not have a Project Representative for this Agreement, unless such party later becomes an assignee or successor of a Party. 11.3 After entering into an Additional Participant agreement the Parties may amend the Cost Share percentages, with any material alteration in the financial obligations of the Parties requiring an amendment to this Agreement to be approved in writing by the Party's board, council, or governing body. Additional Participants' Cost Share shall include a premium above what is attributable to them by virtue of their Watershed acreage percentage, percentage of discharge or acknowledged benefit. An additional One Point Five Percent (1.5%) premium shall be paid by the Additional Participant into an O&M Fund. The amount of premium may be revised by written approval of the Project Representatives. SECTION 12 SUCCESSORS AND ASSIGNS This Agreement shall inure to and be for the benefit of the successors and assigns of the Parties hereto. A Party shall not assign or delegate its responsibilities or performance under this Agreement, nor any part thereof, without the prior written consent of the non -assigning Parties. Prior to any such assignment or conveyance, that Party shall provide the Project Representatives with the proposed, assignee's written assumption of all of the respective Party's responsibilities and obligations pursuant to this Agreement. Such consent shall not be unreasonably withheld. Any purported assigmnent, conveyance or encumbrance of any of the Facilities without such unanimous written consent shall be null and void. In the event of any assignment, conveyance, and/or encumbrance of a Party's respective interests in the Watershed Drainage Area right-of-way, that Party shall provide the other Parties at least three (3) months' written notice of any such proposed transaction or event. SECTION 13 ATTORNEY'S FEES Unless otherwise specified herein, in any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, the Parties shall each bear their own attorney's fees, costs and expenses. SECTION 14 ENTIRE AGREEMENT; GOVERNING LAW; AMENDMENT; COUNTERPART; AVAILABILITY OF FUNDS 14.1 Entire Agreement, This Agreement including the Exhibits and all applicable permits and CPP constitutes the entire agreement between the Parties hereto and supersedes all prior agreements and understandings, both written and oral, among the Parties with respect to the subject matter hereof, Notwithstanding the foregoing, this provision shall not release any Party Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 32 of 69 from any obligations under any prior agreements to be performed through the Effective Date or from any obligations of indemnification based upon events occurring prior to the Effective Date. This Agreement shall be construed as if prepared by all Parties hereto. 14.2 Governing Law. California law shall govern the interpretation of this Agreement. Any action or proceeding brought to enforce the Agreement, or related to the Agreement, shall be brought in Orange County, California, notwithstanding the provisions of California Code of Civil Procedure Section 394. 14.3 Amendment. Any amendment to this Agreement shall be made in writing and signed by all of the Parties hereto. 14.4 Counterpart. The Agreement and any amendment hereto may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 14.5 Availability of Funds. All obligations of the Parties, including those exercised through the Project Representatives, under the terms of this Agreement are subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating any Party to expend or as involving any Party in any other contract or obligation for the future payment of money in excess of appropriations authorized by law. SECTION 15 NOTICES Any notices given pursuant to the Agreement or regarding matters contained within this Agreement shall be deemed delivered upon personal delivery or five (5) days after deposit in the United States Mail, first class, postage prepaid, addressed to the Project Representative of each Party at the address included in the signature section. Notice under this Agreement shall be given to each Party and JWA using the following contact information, unless any Project Representative gives notice of a change in Project Representative or contact information pursuant to this Section, in which case the new information shall be substituted for the information set forth in this Section. Santa Ana -Delhi Channel Diversion Project Agreement D15-013 page 33 of 69 Citv of Santa Ana Tyrone Chesanek, P.E. Principal Civil Engineer Public Works Agency - Constmcflon 20 Civic Center Plaza M-22 Santa Ana, CA 92702 Phone: (714) 647-5045 Email: tchesanek@santa-ana.org Citv of Newuort Beach Dave Ki£f City Manager 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644-3001 Email: dkiff@newportbeachca.gov City of Costa � Baltazar Mejia Acting City Engineer Public Services 77 Fair Drive, 4a` Flr Costa Mesa, CA. 92626 Phone: (714) 754-5222 Email: NABIL.TOMA@costamesaca.gov OCWD John Kennedy Executive Director of Engineering and Water Resources Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 Phone: (714) 378-3304 Email: jkennedy@ocwd.com County of Orange/ Orange County Flood Control District Shane L, Silsby OC Public Works Director OC Public Works 300 North Flower Street Santa Ana, CA 92703-5000 Facsimile: (714) 834-2395 RE: D15-013 FO1Diversion Project with copy to: JohnWayne rport Airport Director Bany A. Rondinella 3160 Airway Avenue Costa Mesa, CA 92626 Facsimile: (949) 252-5044 RE: Santa Ana -Delhi Diversion Project IRWD General Manager Irvine Ranch Water District 15600 Sand Canyon Ave Irvine, CA 92716 Phone: (949)453-5300 Facsimile: (949) 453-1228 Email: coolc(7ct irwd.com Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 34 of 69 SECTION 16 SEVERABILITY If any covenant, term, condition, or provision of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law unless that covenant, term, condition, or provision declared to be invalid is so material that its invalidity deprives any Party of the basic benefit of its bargain or renders the remainder of this Agreement meaningless. SECTION 17 NO THIRD PARTY BENEFICIARIES No customer, other person or entity other than the Parties and JWA shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement, either express or implied, is intended to confer upon any other person or entity, other than the Parties and JWA and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. SECTION 1S DISPUTE RESOLUTION The Parties desire to resolve as quickly and as amicably as possible any disputes as to the meaning of any portion of this Agreement, the validity of any determination or calculation, or the rights or obligations of the Parties pursuant hereto. Therefore, prior to initiation by a Party of any litigation or other proceeding in connection with this Agreement, the Parties shall meet and make good -faith efforts to resolve any such disputes on an informal basis. The Party that first raises a claim against any other Party in connection with a dispute shall be responsible for providing written notice to such other Party or Parties and initiating the informal dispute resolution efforts. Such informal efforts may include mediation of the dispute if agreed by the Parties involved in the dispute. Not sooner than thirty (30) days after diligent efforts to resolve a dispute have been initiated, if the Parties have been unable to resolve the dispute on such informal basis, any Party involved in the dispute may, in its discretion and after providing written notice to the other Parties that the informal dispute -resolution efforts are being terminated, proceed to take any and all such action to enforce or protect its rights as permitted by law and/or this Agreement. If a Party initiates informal dispute resolution with respect to a dispute, any statutory limitation for filing of a court action or commencement of any other proceeding shall be tolled for a period of days equal to the mumber of days that elapsed, between delivery of the notice initiating informal dispute resolution and the notice terminating informal dispute -resolution. SECTION 19 TERMINATION AND EXPIRATION In the event that Project construction is not initiated within two (2) years of the execution date of this Agreement, this Agreement shall automatically expire, unless sooner terminated by a Project Representative written notice to all other Parties, or extended in writing by mutual agreement of the Project Representatives. Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 35 of 69 Once construction has begun, unless otherwise mutually agreed by all Project Representatives, a Party may not unilaterally terminate its obligations under this Agreement. Notwithstanding any termination of this Agreement, each of the Parties must comply with all terms and conditions of the Grams. In the event of a termination of this Agreement, each of the Parties shall be responsible for finding and arranging an alternate means of discharging its respective duties or other Regulatory obligations, and for payment of any fines, penalties or costs incurred by that Party as the result of a suspension or termination. Unless otherwise terminated or extended, this Agreement shall be effective for an initial term of twenty-five (25) years commencing on the Effective Date, and shall automatically renew for a one time ten year torm thereafter (the initial term and renewal terms shall collectively be referred to as the "Term"), Project Representatives may meet and confer to determine continued use, termination of this Agreement, transfer, closure, removal and/or abandonment of the Facilities or components thereof. The Project Representatives shall also meet and confer upon the fifteenth (15"') anniversary of Project completion to assess O&M for the Project including the payment of the Parties' fair share of 0&M costs. Prior to any termination of this Agreement, the Project Representatives are to agree upon demobilization or transfer of the Facilities and whether to sell any part of it, the proceeds of such sale and outstanding Project debts and obligations shall be allocated among the Parties in accordance with their respective proportionate share percentages in Exhibit C2. Upon termination of this Agreement or abandonment of the Project, the Parties shall, within 120 days from written demand from JWA, remove the Diversion Structure and restore the Project Area as nearly as possible to the same condition as the Project Area was in prior to the execution of this Agreement. All costs of removal or restoration shall be borne by the Parties, in accordance with their respective proportionate share percentages in Exhibit C2_ SANTA ANA shall be responsible and ensure that the Diversion Structure and appurtenant improvements are removed from the Channel and OCFCD or COUNTY right-of- way as specified by the Director, Regulations, and all applicable laws. SECTION 20 SURVIVAL CLAUSE The obligations regarding: environmental commitments (as set forth herein); indemnification (as set forth in Section 8); operation, maintenance, cost allocation and ownership (as set forth herein); and specific performance (as set forth in Section 21) shall survive termination of the Agreement, as applicable, and shall remain in effect until terminated or modified in writing by mutual agreement of all Parties and JWA or the applicable statute of limitations is reached. SECTION 21 SPECIFIC PERFORMANCE The Parties aclmowledge that monetary damages would be an inadequate remedy for breach of this Agreement, and that a Party's breach will result in immeasurable and irreparable Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 36 of 69 harm to the other Parties. Therefore, in addition to any other remedy to which it may be entitled by reason of another Party's breach of this clause, the moving Party shall be entitled to seek temporary, preliminary and permanent injunctive relief from any court of competent jurisdiction restraining the other Parties from committing or continuing any breach. This clause shall survive any termination of this Agreement. SECTION 22 EXHIBITS This Agreement contains the following exhibits, which are attached hereto: Exhibit A-1—Location Map Exhibit A-2 — Santa Ana Delhi Drainage System Exhibit B — Preliminary Plan Exhibit C — Funding Table, Participant Shares & Estimated Costs Exhibit D — Temporary Construction Easement to the City of Santa Ana Exhibit E — Easement COUNTY to OCFCD Exhibit F — Grant Requirements Exhibit G — Insurance, Bonds and Warranties Santa Ann -Delhi Channel Diversion Project Agreement D15-013 Pap 37 of 69 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the Effective Date written above. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: J se andoval C of Assistant City Attorney CITY OF SANTA ANA, a Municipal corporation of the State of d Cavazos Manager ATTEST: Maria D. Huizar Clerk of the Council ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN By DELIVERED TO THE CHAIR OF THE Chairwoman of the Board of Supervisors BOARD PER G.C. Sec 25103, Raso 79-153 S County of Orange, California Attest; Robin Sticler Interim Clerk of the Board County of Orange, California APPROVED AS TO FORM Office of the County Counsel County of Orange, California Deputy Santa Ana -Delhi Channel Diversion Project AgreementD15-013 Page 38 of 69 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the Effective Date written above. CITY OF SANTA ANA, a Municipal corporation of the State of California an APPROVED AS TO FORM: David Cavazos City Manager Sonia R. Carvalho City Attorney ATTEST: By: Jose Sandoval Maria D. Huizac Chief Assistant City Attorney Clerk of the Council ORANGE COUNTY FLOOD CONTROL DISTR T, a body corp to and politic SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN B DELIVERED TO THE CHAIR OF THE Chainvomanofthel3oardo£Supervi5 Supervisors BOARD PER G.C. Sec 25103, Aeso 79-1535 AtCest: County of Orange, California w I n Sticler Interim Clerk of the Board APPROVED AS TO FARM County of Orange, California Office of the County Counsel County of Orange, California By: 1� Santa Ana -Delhi Channel Diversion Project Agreement DI 5-013 Page 38 of 69 APPROVED AS TO FORM: City of Newport Beach COUNTY OF ORANGE, apolitical subdivision of the state of California 4aiiworran of Che Board of Supervisors County of Orange, California APPROVED AS TO FORM Office of the County Counsel County of Orange, California BY• eptt Date: L CITY OF NEWPORT BEACH, a California municipal corporation and charter city 0 Dave Kiff City Manager ATTEST: City of Newport Beach Aaron C. Harp Leilani I. Brown City Attorney City Clerk Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 39 of 69 APPROVED AS TO FORM: LLty ofNewport Beach W Im�I Aaron C. Harp I. City Attorney IA COUNTY OF ORANGE, a political subdivision of the state of California By: Chairwoman of the Board of Supervisors County of Orange, California APPROVED AS TO FORM Office of the County Counsel County of Orange, California M Deputy Date: CITY OF NEWPORT BEACH, a California municipal corporation and charter city By Dave 1 i f City Manager AT'T'EST: Cityn N port I h i11 Leilani I. Brown City Cleric Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 39 of 69 APPROVE F Tom Dud; City Attorney APPROVED AS TO FORM Date: By: APPROVED AS TO FORM CITY OF COSTA MESA, a California my unicipal corporation X�M To Hatch Chief Executive Officer ATTEST: Brenda Green City Clerk ORANGE COUNTY WATER DISTRICT, a subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, Nance: Title: IRVINE WATER RANCH DISTRICT, a California water district, Name: Title: Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 40 of 69 CITY OF COSTA MESA, a California municipal corporation By: Tont Hatch Chief Executive officer APPROVED AS TO FORA: ATTEST: Tom Duarte City Attorney fl�ai.�t Cns� APPROVED AS TO FORM By: Brenda Green CityCleric ORANGE COUNTY WATER.. DISTRICT, a subdivision of the State of California organized under Chapter 924 of the Statutes of toll IRVINE WATER RANCH DISTRICT, a California water districts Title:— Santa -kna-Delhi itle: Santa\na-Delhi ClizinineI Diversion Prgject Aarcenrent Dti-013 Page 40 of 69 APPROVED AS TO FORM: CITY OF COSTA MESA, a California municipal corporation Tom Hatch Chief Executive Officer ATTEST: Tom Duarte Brenda Green City Attorney City Clerk ORANGE COUNTY WATER DISTRICT, a subdivision of the State of California organized under Chapter 924 of the Statutes of APPROVED AS TO FORM 1933, Date:_ Title: IRVINE WATER RANCH DISTRICT, a California water district APPROVED AS TO FORM ��//� By: Date; '7 16 Pal Cook. By: General Manager Joan . Arneson Santa Ana -Delhi Channel. Diversion Project Agreement D15.013 Page 40 of 69 EXHIBIT A -I Location Map Proposed Pipeline/Sewer Connection \\ BAKER ST PAULARINO CHANNEL ARLINGTON DR C0 5 TA MESS SANTAAANA COUNTRYCLUB 0 PAULARINO AV ( 7 JOHN WAYNE �lP AIRPORT' J s CaY�:+n'Cy 4� County e1•�Q'� �fwJye �°' � u.�J l egPnrl �, PROPOSED IN \\ ! DIVERSION �! Proposed Diversion Pipeline * STRUCTURE •.,7� ++ ��% ■ISM Existing Sewerline OCFCD Drainage Facilities tp o0 City Boundaries NEWPORT COUNTYOFORANGE EXHIBIT A -"I OC PUBLIC WORKS OC INFRASTRUCTURE PROGRAMS LOCATION MAP PROJECT. SANTA ANA -DELHI CHANNEL DIVERSION STRUCTURE SCALE;As Shown I AGRLEMENTDIS-013 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 41 of 69 Legend M COSTAIVESA ® IRVINE NEWPORTBEACH ® SANTAANA Unincorporated Watershed Drainage Areas rrr OCFCD Drainage Facilities, 8 0 0.5 1 2 1 r I I I Miles EXHIBIT A-2 Santa Ana -Delhi Drainage System ST. 41 Q PROPOSED DIVERSION STRUCTURE COUNTY OF ORANGE EXH I BIT A-2. OC PUBLIC WORKS OC INFRASTRUCTURE PROGRAMS DRAINAGEAREAS PROJECT: SANTA ANA -DELHI CHANNEL. DIVERSION STRUCTURE SCALE: As Shown IAGREEMENT DIS -013 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 42 of 69 EXHIBIT B Preliminary Project Plans Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 43 of 69 Cu a 3� a y t s s " 4 v�3 uF �b r 111 I a1X ��'` �$ rr i� Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 43 of 69 EXHIBIT C1 PROJECT FUNDING COMMITMENTS M2 Grant $ 2,572,875.00 City of Santa Ana $ 1,900,000,00 OCFCD & County of Orange $ 1,600,000.00 City of Newport Beach $ 1,500,000.00 OCWD $ 1,000,000.00 City of Costa Mesa $ 600,000.00 IRWD $ 195,000.00 Funding Total $ 9,367,875.00 EXHIBIT C2ta PROJECT FUNDING PARTNER SPONSORSHIP PROJECT PERCENTAGE Funding Partner Funding Commitment Sponsorship Share* City of Santa Ana $ 1,900,000.00 33.93% OCFCD & County of Orange $ 1,600,000.00 28.57% City of Newport Beach $ 1,500,000.00 26.79% City of Costa Mesa $ 600,000.00 10.71% Total $ 5,600,000.00 100.00% EXHIBIT C2b PROJECT FUNDING PARTNER SPONSORSHIP CREDIT/OFFSET-PERCENTAGE Funding Partner Funding Commitment Sponsorship Share** City of Santa Ana $ 1,900,000.00 32.79% OCFCD & County of Orange $ 1,600,000.00 27.61% City of Newport Beach $ 1,500,000.00 25.88% City of Costa Mesa $ 600,000.00 10.35% IRWD $ 195,000.00 3.37% Total $ 5,795,000.00 100.00% * After the initial 0&M Deposit has been exhausted, -the Sponsorship Share percentages in Exhibit C2a shall be used to determine: 1. The funding partners' respective participation percentages, 2. Credit/Offsets percentages, 3. Distribution of project savings, and 4. O&M cost share in excess of the Initial 0&M Deposit in accordance with the terms herein ** The Sponsorship Share in Exhibit C21n shall be used to determine 1. The funding partners' respective participation percentages except that for IRWD, the percentage and dollar amount correspond to IRWD's one-time lump sum payment, 2. Credit/Offsets percentages, and 3. Distribution of project savings during that period of time commencing when the funding partner paid its financial contribution per this Agreement until the exhaustion of the Initial 0&M Deposit, Santa Ana -Delhi Channel Diversioo Project Agreement D15-013 Page 44 of 69 EXHIBIT C3 ESTIMATED PROJECT COSTS' Item Description Unit Quantity Unit Price Amount 0 Project Administration (COSA) % 3% n/a $ 273,540.00 1 Design Engineering LS 1.00 $ 300,000.00 $ 300,000.00 2 Permits/ROW/Easements LS 1 $ 40,000.00 $ 40,000,00 3 Environmental Report LS 1.00 $ 50,000.00 $ 50,000.00 4 Survey LS 1.00 $ 60,000.00 $ 60,000.00 5 Pothole LS 1.00 $ 20,000.00 $ 20,000.00 6 Site Work LS 1.00 $ 950,000.00 $ 950,000.00 7 Channel Work LS 1.00 $ 1,101,000.00 $ 1,010,000.00 8 Equipment/Discharge EA 7.00 $ 140,000.00 $ 980,000.00 9 14" PVC Sewer Force Main LF 8,475 $ 240.00 $ 2,034,000.00 10 Project Contingency % 20% n/a $ 1,024,800.00 11 Construction Management (COSA) % 8% n/a $ 409,920.00 12 Inspection & Testing (COSA) % 7% n/a $ 358,680,00 13 Inspection (County) % 1.50% n/a $ 76,860.00 14 Survey/Construction Staking % 3% n/a $ 153,720,00 15 Attorney Fees LS 1 $ 100,000.00 $ 100,000.00 16 0&M (20yr) & Administration LS 1 $ 1,000,000.00 $ 1,000,000,00 17 Site Security/Cameras LS 1 $ 126,355.00 $ 126,355.00 18 Golf Course Impacts (Estimate) LS 1 $ 400,000.00 $ 400,000.00 TOTAL $ 91367,875.00 Amounts above are estimates from an Opinion of Probable Construction Cost referenced as "Engineer's Estimate 15-058" by AECOM dated 7/24/2015 based upon 60% Design Plans; including 20 year C&M costs, and was used as a basis to estimate the project costs and were revised accordingly to reflect adjustments amenable to the Funding Partners. SANTA ANA shall charge Parties its actual Project Costs in accordance with the terms herein. a Estimate includes paying Section 3.4 Invoices) for costs associated with obtaining easement rights and title acceptable to The Irvine Company, OCFCD/County, JWA and the Parties. % Bid Item 0 was calculated on the entire project costs, Bid Items 1-18. Bid Items 10, 11, 12, 13, & 14 were calculated on the construction costs only; Bid Items 6, 7, 8, 9, & 17. Santa Ana -Delhi Channel Diversion Project Agreernent D15-013 Page 45 of 69 EXHIBIT C4 camrnn A'r n In_v>..AP n,v-14 CORRTA n13T.AKDOWN6 1 Contract Administration $100,000 2 Inspection (monthly) $240,000 3 Solids Handling and Disposal (monthly) $430,000 4 Doom Reset (2 -year cycle) $30,000 5 Repair of Equipment $150,000 6 Diversion Utility Costs $50,000 Total $1,000,000 * O&M costs will be evaluated annually in accordance with the terms herein. 3 Amounts above are estimates from an Opinion of Probable Construction Cost referenced as "Engineer's Estimate 15-058" by AECOM dated 7/24/2015 based upon 60% Design Plans. Estimates include .5% allowance for All Risk Insurance and Wage Rates based upon prevailing wage rates for Orange County, California. Total wage rate includes hourly wage plus craft fringes and 32% burden with a typical work week of 1 eight hour shift per day/ five days per week. The Parties acknowledge OCPCD and COSTA MESA burden rates as Indicated in Sections 3.7 and 5.9 exceed that used to formulate the estimate above, and mutually agree OCFCD and COSTA MESA shall be fully compensated based upon their respective burden rates perthe terms of this Agreement. Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 46 of 69 EXHIBIT D Temporary Construction Easement Deed County to City of Santa Ana EXhfbit D RECORDED AT TIME REQUEST OF AM) WHEN REV ORDED MAIL, TO: City of Santa. Ann 20 Civic Center Plaza M-22 Santa. Ana, California W702 Atht: (7ity Manager as shawn above FOR APN: DOCDMCNTA.RY TRANSFER TAX .,.,. Campited. on rhe ornwidertion or value ofproperty conveyed Excuml per Revamre &Tmeon Cale Sutton 11922 _ Sxempt fkom Recording Fees kxu Govt Code Seclion27383 Dy...... ._.___..w._...,_-....._, .............. _._. _.. ...._. a.. oP'DFCJJSNTR OR AO@R'uaor,IN 'TA,'f FWM1[iAM@ UnincorporatedeVVen g Incorpm'ated ❑ Peucel Nus: Ml, __..__,_,-(FOI.249, 215) Pmject: Santa Ana•;Dolhi Channel Division TEMPORARY CONSTRUCTION EASEMENT DEED for valuable consideration, receipt of which is hereby acknowledged, COUN'T'Y OF ORANGE, a political subdivision o1'the State of California, (heroimffer referred to as "COUNTY"), does hereby grant to the CITY OF SANTA ANA, a California charter city, (boroinafter referred to as "GRANTEE") and its, successor and aesigna, u non-exclusive temporary conshvctirpn ensatuent ("Ternporary Eaxemont") in, on, over, upon and across that certain rent properly (Ilol•einaftor rofathosi in as "Easement Area') desoribad in s rlh't A, and illustrated in blel'hit ,which exhibits' are attached hereto and made apart hereof, COUNTY and GRANTER, may sometimes hereinaacr• be individually refon•od to as "Porky" orjointly as the "Parties." The righty herein vro granted for the purpose of allowing activities related to the Santa Ana -Delhi Charnel Diversion Project ("Proj act') provided, however, that the eserciso of said rights will not interfere or itnpede the operation slid maintenance-oftho Santa AmrDellu Diversion Channel (hereinafter "the Channel"), C,O'UNTY's publio golf course lessee business operations, or utilization of Nie property for John Wayne Airport purposes, GRANTEE'S rights shall include rights to GRANTEE, its officers, agents, employcoa, contractors, end subcontractors, to conduct construction ael'ivitic-s, inalnding excavation and grading associated with the canstrnotion ofn Divetreion Sttnutnre haduitingnnodifianklans to tlto mxtsting Chnnnol and instnllatinn of subsurface pumps, wet well, pipelines and a sewer Porde main ('Tacility") within a portion of the Easement Amen Ann.D0fl VWrlua Frnlat(1+01)'Iga 05192016 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 47 of 69 Exhibit 1) Area> and activities associated with realigmnent of an access toad, GRANTEE'S rights shall also include tho right to park or place vehicles, equipment or siornge containers and to store or stockpile construction materials, tools, implements mrd other construction related oquipmeirtmud materials, in the Basement Area as the case may Im The Parties agree the exercise of die rights grinned herein shall be in eonfnrmily will, tire terms of that certain Santa Ana -Delhi Charnel Diversioq'13;oject Agreatnent D15.013 dated ("Agreement"). It is understood and agreed by Ure Parties hereto and their successor and assigns drat the rights granted in this 'reripormy Easement shall be subject to die following tenns, aondideath, and roaetvallors: i.• TERM This Temporary Ell so crit shall be off radvo for a trwximmn period of twobty-four (74) months ("Torah'), cotnmenchng on GRANTEE'S written action to the Airport; Director and thin Director OC Pablie Works, or their designees, of cattunameement of possession, and shall terminate upon recordation of a. Notice of Completion, or at the end of tire Term, whichever first occurs. EXTENSIONS flip Tenn may be extended by mutual agreement of the GRANTEE, the Airport Director and Director of Public Works or their designees. Any raquo$t for extension asst be in writing, shall state fire requested extorsion period, and b© forwardod to the Airport Director and the Director of Public Works vin Expiass or Cortified U.S. Postal Sorvico, personal delivery, by courier at, by Overnight delivery service and adth'essed as provided herein below in Section II. (Notice) no later than thirty (30) days' prior to the expiration.orUro Tum of this Tornpormy Easom crit. Approvalof such request shall be deemed denied unless both Directors or their doeigne es provide GRANTEE with wrltlon approval of the recitrested extension within fifteen (15) clays of rcraipt of the request to extend, Which approval shall not be unreasonably withheld, In no event shall this Temporary Easement be extended beyond 3, GRANTEE RESPONSIBILITIES GRANTEE boroby acknowledges that We Easement Area has in, on and about. Ura Clmmrol, a regional flood control faoili'ty. GRANTEE shallperform allwork in such a nummor that will allow for unobstructed flood controloperations and maintenance of die Channel by COUNTY or the Grange County Flood Control District ("District"} GRANTEE shall have all construction plans and specifications approved in writing by Ute Airport Director and the Director orPublic Works or their designees prior to cnnunencermemt of any work In, on or about the Easement Area;. and upon et uipletion of any such work, GRAN'T'EE shalt immediately notify both Directors or their designees to writing of such completion. Any change orders to the approved Platys and specifications flat alter flip design illudl be submitted for Airport Director mid the Director of public Work's written approval through die County Property Permit process prior to implementation of the design change. Apikoval of GRAN'TEE'S construction and/or maintenance plans $hall not be (learned approval from the standpoint of structural safety, suitability for purpose or camfonmm©e with building or other ea1os or other govarnmentalroquirements. COUNTY is not responsible far petrflumg of any construction ancllor maiutenatrca, design, nsswnptians oar accuracy of GRANTEE'S coirsh'ucClan and/ormnfntanancepian$. Dia•acutr approval will ba basal nndie professiotul experdso of the Eaginaor of Record when approving GRANTEE'S construction and/or maintenance, plans. GRANTEE shall, at no cont to COUNTY, maintain the Easement Area and Clumnol ingood ropair and in safe candidate and protect in: place any slope features, trees and/or landscaping width, the Easement Area anon 0, -Dahl Divask, Project(Fm) TOH 2 051WO16 Santa Ana -Delhi Channel Diversion Project Agreement D15-01.3 Page 48 of 69 Exhibit D throughout die Tenn, including any extension period, of this Temporary Easement. Notwithstanding the foregoing, saidfeatures may he removed or felocalod if approved by the Airport Director and the Director of Public Works tlu•oug(ttheCountyPmpet1yl3umitproeess, GRANTFR shall, at no cost to COUNTY', conduct All Activities, including but not limited to the storage of Anatotialk, in, on, or about the Easement Area in a safe, good and wodunanlike harmer and in compliance with all applicable building, fire, and soniauy laws, ordinances, and regulations and shall maintain all equipment used in on or about the Easement Area in good xopair and in safe condition, Airport Ditcetor may, at his solo diserot'ion, direct GRANTEE to rernnvo items from the Eoroment Aran, if doomed to boa hazard or nuiaauce. GRANTEE acknowledges the Easement Arca is situated on COUNTY property with certain recorded deed restrictions and conditions pmbibithng use of•tho land for any purpose which would constitute itnuisance or be affonsivo to the senses, health or safety of pairs ons occupying the land or adjoining land. GRANTEE agrees to make every effort to accommodate for the aforementioned nuisance doed restriction in the exercise of its rights herein. COMPLIANCE WITH REGULATORY AUTHORITIES GRANTEE shall, At its own cost and expense, promptly unit at all times observe, comply with and carry out all present and funum orders, regulations, directions, rules, laws, ordinances, permits and requirements of all govemmertal authorities, including but not limited to environmental regulatory Authorities, with jurisdietlon in, on, over and about ilia Easement Arca, which arise from GRANTEE .S use of or porforaiamia of any activities permitted to be conducted in, an , over, or across the Easement At In addition, GRANTEE shall cnsura that all activities in, on, over or. about the Easement Area are perfmacd in accordance with any NPOUS (Nadcast Pollutant Discharge Elimination System) permit requhomenh or other water quality stalmos, regulations, ordinances, or permits, applicable to such activities, including but not limited to use of appropriate hest management practices, so as to onsure fiat pollutants are not dtschergod into die Channel nor into the flood control system. Prior to tho atart of any construction. activity, GRANTEE shall provide Airport Director And Director of Public Worka A copy of their Wetter Quality Mmagerrom Plan (WQMP) for approval. No approvals or co6,sents given hercuuder by COUNt•Y, as a party to this Temporary Easomont, or concarrence by District shall be deoned approval as to compliance or coufomanee with applicable governmental codes, haws, rules or regulations. CONDITION OF EASEMENT AREA UPON TERMINATION Prior to the filing or the Notico of Completion or to the expiration of this Temporary Easement', whiohovur first occurs, GRANTEE agrees at its expense to restos: ilia Easement Area to the Airport Director's satisfaction. Said restoration shall. ittaludo, but not be limited to the removal of construction materials (including stockpiled material), etuiprnunt, Amt trash and debris. GRANTEE agneas under no oiremnsia em shall the Channel, Facility and other Improvements and/or facilities widdn ilia Easement Arca be loft or returned to COUNTY Ina state of partial completion or disrepair. Upon service of written denandflrom the Airport Director, or designee GRAKII?F, An 11 deliver to COUN'T'Y', at no coat to COMY, a Quitclaim Deed to GRANTRF,'s right, title And interest borermdor, a..[. M.45,11tl Di rsido arulid(rot) WE, 3 05193016 Santa Ana -Delhi Channel. Diversion Project Agreement D15-013 Page 49 of 69 Exhibit D 6, NIECEIANICS LIENS OR STOP -NOTICES GRANTEE shall at all times indet tdfl , defend with.counsel Approved in writing by COUNTY, and save COUN"1'Y and Distriot bamiless A uni all claims, losses, demands, damages, cost, expenses, or liabilities in Automation with the use, construction, repair, alteration, or trtstelladms of any portion of the Facility widsin, upon, or under the Rasernent ,Area, and from die west of defending against such elalins, htctuding reasonable attorney fees and costs. Isr am event a lien or ALop•nolfce is imposed upon the Easement Axes as a result of stroll construction, repair, alteration, or installation, GRANTEE shall either: A. Record a valid Release of Lion, or - B. procure and record n bond in accordance with Soofloo 3J43 or3196 of the Civil Code, which flees the Easement Area from the claim of the lien" stopmotice and atom any action brought to fnxeclose the lien. %, TI'OLDEIARMLESS GRANTEE acknowledges the Rosemont Arca is in, on, and over the Channeland may be subject to all hazards associated with flood coluatlons And COUNTY's public golfdourwe lessee, business operations. GRANTEE agroos to assume all risks, financial or otherwise, associated therewith. GRANTEE. Iserabyreleases And waives all clahns and reoouse AgainstCOUNTYand District including the right of cootribution. for loss of or damage to lu»party, or injury to or death of any person arising from, growing out of or in ally way conneoted with or related to this Tompornty Easement including any dumago to or loss of GRANEEL'S equipment add otaterial, the Facility or intorntptiun of flu, Prq{eat or use of the Easement Area caused dry e•osion, flood, or flood overflow conditions of tho Channel, or caused by the operation, rna.intennnce, repair, rcoonstrueiion, replacement, enlargement or improvement of the Chunnml m• by District's flood control operations, except claims arising liom die groan negligence of COUNTY and/or District, their mfiew, agents, employees and contractors. GRANTEE hereby agrees to indemnify,dofknd sad hold harmless, COUNTY and District, their elected and appointed officials, oEicers, agents, employees, contractors and those, special districts amt agencies which. COUNTY's Board of Supotvisors acts as the governing Board against any and all claims, tortious, contractual, condemnation, inverse condemnation, judgrncnts, arbitration awards, soaloments, losses, demands, damages, cast, orders, penalties, And expenses including legal costs and attomcy fees or liability for injury to or death of any persona, or loss of or damage to Any property, in ocnn mthan. with or arising out of tam Project or the use of or operations or activities conducted ih, on, or over die Easoment Area, and/or the oxeroiae of the rights under• this Tetnpoinr'y EAseuonl by GRANTEE, its agents, officers, employees, invitceg or licensees excopt. for liability arising out of the concurrent active, or sola negligent acts of COUNTY, ancUor District, their elected mill appointed officials, officers, agolrtn, employees or contractors including tie cost of defense of any lawsuit m^ming tlsurofinm. IP CO'CIN'I"Y andlor Dishiat inlarv; Hamad as co-dakbndant(s) in A lawsrdt, GI'L4N'I'EE sha[I notify COUNTY of such fact and shall represent DISTRLC'I'/COUNTY in such legal Action unless odiorwise conflicted out. I(judgmont is colored against COUNTY/District and ORANCEE by it court of competent jurisdiction or jury because of die tortious conduct of COUNTY/District and -GRANITE, COUNTY and GRANTEE Agree dint liability will be apportioned as detem.htod by dao court orjum as applicable. GRANTEE aeknowledgea that it is familiar with the language and provisions of California Civil Code Section 1542 which. provides as follows: SM A.-Mia7 poets-" 1`mJW(nO1J'DOrt 4 0519-016 Santa Ana -Delhi Channel Diversion Project Agreement DIS -013 Page 50 of 69 Itiddhit D A general release does not extend to claims which the credflar dux r not knew or suspect to exist In his or leer favor at the Nat¢ gfexeauung the release, which, 1flrnown byhim orher, mutt have materially oeciad h/t• or her settlement with the debtor, GRANTEE, being aware of and understanding the teens of Section 1542, hereby waives gill benefit of its provisions to the extent described in this section. S. GRAN'TEE'S LIABILITY FOR HA'I,ARI)OUS OR'I'GYIC MATIMALS (PMESti.2S) GRANTEE or GRANTEE'S employees, agents, independent contractors or invitees ("GRANTEE Parties") suedl not cause or permit any "ftazardous Material," as hereinafter defined, to be brought upon, kept, stored, used, generated, released into the envhnrunant or disposed of on, tinder, from in, on or about the Easement .Arron. Notwhhvhtndhugthe'ferogoing, GRANITE or GRANITE Parties may use or keep mull quantities of ifozardous Materials on the Easement Area that are used in the ordinary, customary, and lawful construction. operations conducted on the Easement Area. If GRANTEE; or GRANTER Parties breach the obligations stated lreratn, or if contamination of the 1'b8semont Area by Hazardous Material otherwise oucm's for which GRANTEE is legally liable to COUNTY for damage resulting therefrom, than GRANTEE shall indemnify, defend and hold hannleas, CMUNTY and/or District, and their elected or appointed officials, officers, agents, and employees from any and all elaims,judgments, damages, penalties, foes, costs, liabilities, or losses (inchuding, without hmitatlon, diminution in value of dho Rasamol Area, sums ,paid in settlement of chdrus, attorney fees, consultant fees, and expert witness fees) which arise during or after GRANTEE's use of the P.asomeru Arenas a rasult afmch cinbusu'nation. This tndmnniPoation includes, without limitation, costs incurred by COUNTY to enunciation with my investigation of site coalitions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or agency because of Hazardous Nlawrial having been introduced, placed or released by GRANTEE, and therdbov, being present in the soil or ground water unchn• tho Eascmont Atcn. GRANTEE shall promptly take all action, at its sole cost and expense, as is necossnr,yto clean, remove, and restore the Easement Area to its condition prior to the inlrodncion of such Iinza'deus Matcriut oy GRANTER, providcl GRANTEE shill first have obtained Director's written approval and the approval of Puy necessary governmental entities or agencies for any such remedial action. As ased heroin, the t'orm "ILo¢ardnns Material" means tiny hazardous or toxic substance, material, or waste which is m shall.becorno regulated by any governmental entity or agency, including, without limitadoi, the County, the state of Califamin, or ihe.United Stales govermnent. RESMVATIGNS COUNTY hereby reserves for itself and District and their respective stweesaons gull assigns, such surface, subsurhroo and aeriat rights in the Easement Area as will not nnroxsouxbly interfors with or prohibit the rise by GRANTEE orthe rights and eusemeiflnenroin granted. In the event COUN'T'Y exercises suchnights to utilize the Easement Area which use results in lite disturbance of the Easement Area, CMUNTY's only responsibility shall be to backrill with compacted earth to the grade of the surrounding property fallowing completion of such activity. 10, CONVEYANCE SURTECT TG ENISTING INTh',i2'1LS'1'S This Tempmary Eascrui is subject to existing contracts, louses, licenses, easements, encumbrances, slid claims watch may street rho EasemontAr•ea and the use of the word "grant" herein shall net be construct] as a covenant against the existence of any thereof. Sante Ma•t)Oaa Diwniml Pill ent(1101) TCB 5 05IP2016 Santa Ana -Delhi C11a eel Diversion Project Agreement D15-013 Page 51 of 69 TsNIAllit 1) Nothing eonhdned herein, min any docnmert related hereto, xlixll be construed to imply the conveyance fo U'RAN'l7lE of ri8l is in Ute Ereament Alva which exceed those owned by COUN N, or any r epresentatioii or warranty, eith" express or implied, rotating to the nature or condition of the EasementArca er COUNTY's hilerOttherein. 11, NOTICES All notices, documents, 0aprespondwoe and communications concerning thiP Temporary Easement aball be addressed as set fourth in this Section, or as the Portia may herentler designate by written notice, and shall be sent through the United States mail with postage prepaid. Any awh mailing shall be deemed Served or delivered twenty-four (24) hours after rnaihng. Fsell Party may clumge the address for notices by giving the Alter party At least ten (10) onlendar days' prior written, notice of. the now address. Notwithstanding the above, either party may she provide notices, docuutenls, wrrospandenepa, or such other communications to the oUpa by personal delivery Pad so given shall be deemed to Imus been given upon receipt. Director of OC Public Works Shane Sillily 300 North Flower Street Santa Ana, CA 92703.5000 1'taeaimile: (714) 834-2395 IZE: D15-013 Santa Ana-Dalld Diversion (F01) John Wayne Alport Airport Director Barry A. Rondinella 3160 Airway Avenue Costs Mega, CA92626 Facsimile:(949}252.5174 RE: Senor Ana -Dg, Diversion Project TCN City of Santa. Ant City Manger 20 Civic Cente' Plaza M-22 Santa Anil, CA 92702 Phone: Fax: Email: 12. VENUE (PMFS13,IN) The Parties hereto agree that this Temporary Easement leas been negotiated and exempted in the state 01' CnlikLnila and shall be governed by and construed wider Ute laws of California. In the event of any legal action to enforce or interpret this'1'ernpormy Pgsamony the sole and exclusive venue Shall be a court of com'petont,jurisdict'ion located In the County of Los Angeles, Cali ormtin, and the Polities Iterate agree to and do hareby mb nitto Uto jurisdiction of such court. Furthermore, Agent goad cause shown, the Parties hereto specifically agree to waive any and all tights to request that an action be tr:ataforrad for trial to another cnwtty. 13. WAIVE, R OF RIGHTS (PNTS14. IS) The failure of COUNTY to insiatupon strict performance of cry of the terms, wvumnftts, Of waditions of this Temporary Easement shall not be deemed a waiver of nay right or remedy that COUNTY may have, and Shall not be deemed a waiver cif tire right to require strict po frominnee of all, Ute terms, covenants, and conditions of lite 'remnorory Easanent Utereaftcm, not a waive• of any remedy for the subsequent brunch or dofault of any tern, mpvonant, ar condition of this Soma Ana-Deall DiveMoa Proleet(r01) 9rpa 6 05x91016 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 52 of 69 Exhibit D 14. $MIRMLITY(PMES15.1S) If any term, covenant, condition, or prevision of this Ternporary Easement is hold by a oourt o£competent jurisdiction to be invalid, void, or unculoremblc, the remainder of the provisions horaof shah remain in fill force and affect and shall in noway be affected, impaired or invalidated thereby. 15. ATTORNEYS' FEES 0?MES16.15) In Pity action or proceeding brought to enforce or interpret any Provision of this Temporary Easemeut, or where any provision hereof is validly assorted its a defense, each Party shall hour its own attornoy'feos and costs. 16. SUCCESSORS AND ASSIGNS (PNIE518, IS) The tam, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties hwroto. 17. AUTHORITY(PIv1ES20, IS) The Parties to this TomporaryEasoment representand warrant that this Temporary Easement has been duly ainhorized and executed and constitutes die legally binding obligation of dnelrres(swtive organization or ontity, enforceable in accordance with its terms. 18. PAA CONDITIONS ANI) RESERVATIONS A. COUN'T'Y horoby reawvw %arta itsolf sad its operator John Wayne Airport, and theh• respective succossors and assigns, for the use and bouefit of the public, aright of flight for the passage of aircraft in lite airspace above ate surface of the above described real properly, together with the right to cause in said airspace such noise as may be ioliorent in the operation of aircraft, now known or hereafter usedfor navigation of or flight in the Paid airspace, and for use of said airspace for landing on, taking off from or operating on Sohn Wayne Airport, B. GRANTEE by entering into dtis easomom, expressly agiees, for itself, its successors and assigns, that it will not erect nor permit duo erection of any structure or building not permit object of natural growth or other obstruction on die above described real proporty above a height as determined by the ap!)tloaton of the requirennonts of 14 C RIt, Part 77 (FAR Parti 77). In the event the aforesaid. covenant is breached, COUNTY reserves the right to enter on the above described roil property and to remove the offending structure or object and to cut the ototiding natural growth, all of whichshnIl be at die expense of the GRANTEE. C, GRANTER by entering into this easement, expressly agreos, for itself, its successors and assigris, that it will not make use of the above described real property in any manner which might interfere with the landing and taking off of aircraft at. due John Wayne Airport, or otherwise constitute an airport hazard. In the event the aforesaid covenant is Breached, the COUNTY reserves the right to enter on due said real property and cause the abatement of such interference at the expense of GRANTEE. D. CdtAN EM expressly agrees, for itself, its successors and assigns, that irroclohed, it will file Federal Aviation Adndniatricli n GAA) Form 74604, Notice of Reposed Constitution or Alteration (or such otter official form as designated), for the purpose of airspace walurtion for any and all current and future construction or modifrcntion proposed on the above described teal property. Signature Pages fol+allow Pnala N14-Ddai Dlverslon nroJeat (gal)TC` a519ret6 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 53 of 69 Approved as to Form Office of the County Counsel Orange Comity, California By: ...... _..... _.---._..�_.... Paul M. Mbarian, SeniorrDeputy Psxhihit 1) Q COI NrY OF ORANGE, a political subdivision of the State of California By: Barry A. Rondinetlo, Abitort.Director Date: Per Monte Order dated only fire identtityofthe indlvlduslwho signed the doecmant to which tits eartltieate is attached, mid net 1110 fiahlWnesy sea or validity of that docnment ACKNOWUDGMENr STATE OF CALIFORNIA ) ) COWTYOF l On 20' --before me, (Mseri.nMte afNalnry PlNlic hlltle) personally appeawad_ _.... who proved to Incgnoe to e onthe basis of satisfactory evib0 the parse 7)whese names) wora aubawit oribod to the hin instrument and achnowlerlgod to me that he(shelthoy exeoutod the swine in Wtiarlthoir authorized cenauily(ies), find that by his/herttheir sib'awore(s) on the inslnrment the pareco(s), or the entity upon bahalr of which the persons) acted, eaeouted the inatruna ant, I certify water PENALTY (.)'C T'ERIURY under the laws of the State of California that the foregoing paragraph is true. and 0orreut. WITNESS my hand and oiticial seat. Signature (Seat) Santo Ana-Ddh l Diversion Proj"t(M)TOR 8 D5laae16 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 54 of 69 Exhibit D Approved as to Form BY; _....-------- Date: Ay the ideality of [fiein,Hytdual who algrsed 010 document to alddh this aardfioant is attaohe(t, and not the hnthddnesd, ace u• validity of that transient. STATE OF CAL[FORMACOUNTY ) GRAN RE CFI'Y OF SANTA ANA, a California charter city By Date: AQ0ONLEDGMENT On . 20 _...._ before me; (Insert awns UNdUNdfmy Ponllc A title) personally appeared _._..._._._.._.._._.__...,.,,..._..._.,.._...._ ._, who proved to me onthe basis of satisfaotory evidence to he the person(;) whase name(s) Was mbsoribecl to the within inetrnmont and acknowledged to me that ho/ahefthey execuuu<I the sane in hisflwrllheuamhorizod aapaaity((os), and that by his/horhheir signaluro(s) on the instrument the person(s), or (lie entity upon buhalf of whiah the Verson(s) acted, excomorl the instrument I cerhry under 1?,I?NAL'PY OP PhRJURY trader the laws of lbe Stale of California llnn tho foregoing paragraph is tura and corroot. VRTNESS my hand and official seal. Signature __.__.__..._...___...__..__....—.._.____._._ summAad.DalhlDivarobt"IeCQ'0➢TCC 9 0,919]016 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 55 of 69 Exhibit A CONSENT TO GRANT OF TEMPORARY CONSTRUCTION EASEMENT DEED TI JE IRVINE COMPANY, u corporation,dans hereby consent to the I'oregoing grain of this Temporary Corshtwtloit Ememant Deed; provided, however, that such consent shall apply to said Ternporaly Conshnction Easement Deed exclusively, and that suchconsent shall not bo darned or held to waive, release, alter, chane, impair or in any manner affect any of the coven ads and oonditions provided in rhe deed dated June 30, 1958 by which the undersigned ourveyed to the County, of Wage the property described In said Temporary Construction Eaaemwf Deed. THE IIYVM COMPANY By! $,rag Aaunmin Dimsian PmIat(Po[) TM 10 0192al6 Santa Ana -Delhi Channel Diversion Project Agreement D15-015 Page 56 of 69 Exhibit D CERTIFICATE OF ACCEPTANCE TiI18 IS TO CERTIFY, quit the interest convoyed by Utia'fomlmrary Coustruotion Easement Deed from the Oautty of Orange, a political subdivision of the State of CAHNnia, to the City of Santa Ana, a California ellarter city, is hereby accepted pursuant to authority granted to the undersigned lry or of the Santa Ana City Council on 20, subject to the terms, conditions and reservations set forth Uterein, and ORANTEE consent to the recordation of said Temporary Construction Easement Deud, GRANTEE CITY UP SANTA ANA Ily. Date: XTTES`1'. City Cleric By: tonin Ana -Del II! Diversion rnileot(VO 0 I'M 11 05191016 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 57 of 69 RECORDED AT TIDE REQUEST NRiEN 13ECORDEI) NIAiC To: County of Orange CEO/heat Estate 300 North Flower 5antn Ana, California 92703 Nladl'Tax Stetenenis as shown above ❑ C1naicarponned Area ® Incorporated, City of Newport13aach EXHIBIT E Easement Deed EXHIBIT E This is to certii'y that this document is exrnrpt from recording foes per Govt Code See- 27383 and h Man Pt tY•an Documadnry Transfer Tax par Rev. & Taxation Cora See. 11922. By: T rDAC'QtAPTAAU--Tlla11'V Porcol No.: P01-215, ROl-_ Project: Santa Ana-Dolhi Diversion Channel EASEMENT AMENDMENT DEED POR A VALUABLE CONSIDEPATION, rvccipt of which is hereby acknowledged, this amenhnont. ("Amendment') to that eoradn Easement Daed dated and recorded on August 8, 1961 in .Boole 58(52, Page 311 of the Official Records of O,rnnge County, California ("Easement") atlaehed hereto as' rh it C is entered into by and between COUNTY OF ORANGE, a political subdivision of 410 State of California, its suecessma nnc] Assigns (horeinaflor referred to as "GRANTOR"), and the ORANGE COUNTY171.001) CONTROL DISTRICT, (a body corporate and politic, hereinaller tofenod to as 'DISTRICT")(GRAN'1'012. and DISTRIC'1' may somefinies ler-einatie• be individually referred to As "Party"or,hointly as RE—CIIIAUI 1. Pursuant to the F.asenwat, DISTRICT holds a perpetual onsetnent and right of way for flood control purposes in, over and across that certain real property identified and described in that document as the easement area within Parrot P01=215. Pursuant to these Raxament rights, DISTRICT operates and maintains its flood control facility known as die Santa Ana•Deil7..i Diversion Channel, Faeifity No. Pat (the "Pacitlty"). Page 1 o£7 Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 58 of 69 EXHIBIT E 2. The County of Change, Board of Supervisors on _ approved Santa Arun-Dolhi Chantel DiversionProjoct AgreernentD15-013 among GRANTOR,DlST'RTCT, City of Santa Are, City of Newport Beach, City of Costa Mesa, OrangeCounty, Water District and the Evine Ranrati water District in furtherance of a. regional watershed project to divert dry -weather urbandischarge flows and trashfrom the Santa Ana-Dellti Diversion Chantel to satisfy water quality compliance rrnluiromonts ("Project'). Implementation of the Project rattails construction of a Diversion Structure requiring modifications to the existing Facility and installation of subsurface pumps, wet well, pipelines and a sewer force main within a portion of die Easement Area; and realignment of rut access road. 3. By this Amendment, the Parties intend to modify the exiythtg Easement to add art additional easement area, referenced as Parcel ROI.. -__ ___immediately adjacent to Parcel 1701.215 IV this Amendment. Parcels FO1-215 and Parcel FO l - 4. The Parties understand and agree to comply with the terms, condidomi and obligations oil (tat certain Grant Deed recorded Jute 30, 1058 in Book 4332, Page 3115 in the Oflicial Records of Orange County, California which vests all rights, title, and interest in the Easement Area (as defined herein below) with GRANTOR. 5. The Parties intend to add terns to the existing Easement to ,foster collaboration in their joint rise of the subject property 6. Odtue titan the terms heroin, thio Amondmentshnll not otherwise affect; alter, mr cltango the Easement As to any inconsistency existing between with the terms of this Amendment and the terms in the Easement, the Parties agree the terms of this Amendment shall control. 7, For the above stated reasons, the Parties agree to amend the Easement with lite terms and conditions herein to apply to the Easement Area, NOW,. THEREFORE, for valuable consideration, recoipt of which is hereby acknowledged, the Parties agree to the following terms, conditions, and resarvations: A. RECITALS Each of the above Recitals is incorporated herein and is true and correct. B. INSERT PAR(TI E01• T 11GAT 77F'1CR1P']'ION r\NI)1)P7?,jC'IYON GRANTOR hereby conveys to DISTRICT the ability to exercise its rights pursuant to the Easement in, on, under and ever land immediately adjacent to the existing Parcel FO 1-213 emernarrt area, upon land refarrod to herein as Ronal 1701- as defined ht Exhibit A and depicted in Exhibit t3, each attaohed hereto and incorporated hcmin. C, ADD,04CIRM I The' following is hereby added to die Easement as Section 1: Section 1. The above legal description for Parcol1701-215 and the attached legal description in Exhibit A for Parcel FOl- as doplotodinExbibit 13, which exhibits are attached hereto and by reference nrnde a part hereof, shall collectively dollars tlte" Rasontent Area" for dre rights conveyed herein. Page 2 of 7 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 59 of 69 EXHIBIT E D. ADD 98CTION 2 The following is hereby added to the Basement As. Section 2: Section 2. All notices, docurrunug, coarespnndemce, and comununicutions concer ing ate Perpetual onolueat shall be Addressed as set Forth in this paragraph, or as tiro parties may ho"UNt designate by written notice, and shall be dent through the Unifod States mail, duly registered or ocrtitied with postage prepaid. Any such malting shall be deemed served or delivered twenty-four (24) hours. afiur malting. Each pally may change the Address. lot notices. by giving the Other' party At least ten (IQ) ealondar days prior written notice of the new address. Notwithstanding the above, a party may also provide notices, documents, oorespondenw, of such other communications to the other patty by Personal deilivery Of regular mail and, so given, shall bo deemed to have been givenupon receipt if provided by personal delivery or fnrty-oight (4.8),hours after mailing if provided by regular and, If to GRANTOR: County of Orange On Joint Wayne Airport Airport Director 31,60 Airway Avenue Costa Man; CA 92626 Facsimile: (94-9) 252-5174 RB: Santa Ana-De116Divendon Project If to DISTRICT; Orange County Flood Control District u/o Director, OC Public W orbs P. O. Box 4048 RE: 1)15.013 Santa Ano -Delhi Diversion (FOI) Santa Ate, CA 92702.4048 E. ADD SECTION 3 The following is hereby added to the Easement as Section 3: Section 3. GRANTOR agrees that it shall not grant Any smt'ace, subsurface orserial rights in the Easement Aren as will m aaasonably interfere with Pr problbit the use by DISTRICTof the rights and easement herein granted• GRANTOR reserves all rights eompadblo with and not prejudicial to DISTRICT cAercise of the rights and easement herein granted; Provided, no improvements shall be conshueted, Placed of permitted within, upon, under or above the Easement Area until such construction and/or mainte mace plans have first been approved in writing by the Airport Director and the Director of Public Works of County of Orange or their designees. Dh'eeter approval of GRANTOR's plans shall not be deemed approval Yrum the standpoint of structural sAfety, suitability for purpose or conformance with building of other codes or other governmental requirements. P. ADD SECTION 4 The following is Wroby added to Lire Fasemert As Section I: Section 4. FAA CONDITIONS AND RESERVATIONS A. COUNPY.horeby reserver unto itself and its operator John Wayne Airport, And they respective suocomors and assigns, for tho use and benefit of the public, a right of flight for die passage of aircraft in the airspaec above the surface of the above dos"ibod real property, together with tho right to cause hs said Page 3 of 7 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 60 of 69 EXHIBIT E airspace such noise as may be inherent in the operation of aircraft, now knownor hereafter used for navigation of or flight in the said airspace, and for use of said airspace for binding on, taking off Real or operating on John Wayno Airport. B. DISTRICT by entering into this easement, expressly agrees, for itself, its suocessors and assigns, that it will not oroctnor permit ale creation of any stmeture or building nor permit objeot ofnatural growth or other obstruction on the above desoribed roil propony above a height as determined by the application of the requirements of 14 C.P.R., Put 77 (PAR Pmt 77)1 In fire event kite aferwaid covenant is breached, COUN'T'Y reserves the right to enter on the above rlescr'ibed real property and to remove the offending structure or object and to cut the offending natural growth, all of which shad be at the expenso of the DIS'TRIC'T. C. DISTRICT; by catering into this easement, expressly agrees, for itself, its successors and assigns, that it will not make use of the above described real propeaty in any mamwr which might interfere with the landing and taking of of aircraft at the John Wayno Airport, or olrerwiso constitute an airport lazaret. In the event die aforesaid covenant is bromhod, the COUNTY reserves the right to enter on the said real property and casae the abatement of such interference at tiro expense of DISTRICT, D. DISTRICT cmpresely agrees, for Itself, its succossors, and assigns, that if required, it will file Federal Aviation. Administration (PAA) Form 7460-1, Notice of Proposed Construction or Altorration (or $4011 other official form as designated), for the purpose of airspace evaluation for any and all current and fttbu'e consnvetion or modification proposed on the above d0soribod real property. G. ADD SECT[ )N.5 The following section is hereby added to the Easement no Section .5: Section 5. ACCESS TO EASEMENTAREA DIST'RIC't' agrees to notify GRAN'TOR's Airport Director or designee prior to DIS'I'RICT's commencement of, [repair or relocation work hr the Easement Area. GRANTOR shall have the ri$ht to designate the access to the Easement Area through GRANI'OR's property by written notice to DISTRICT. This designated access route shall reasonably aceonunodato DISTRICT'S maintenance vehicles, In the event of a need for tine GRANTOR to change die access location, GRANTOR shall attempt to give ten (10) days written notice. Said notice shaft be given by Airport Director or designee. 11, ADD SECTION 6 The following section is hereby added to the Easements Section G. Section 6. REMOVAL AND/OR ABANDONMENT DISTRICT agrees that in the event the service for which said f ioilhios were constructed is ordered discontinued and DIS'TRIC'T is not requhed by law, rule, or, regulation of tiny governmental authority, to furnish said service or ht the event tiro use of the fnodides ceases far a poriod of more tan one (1) year without written notice from DISTRICT to GRANTOR of the circumstances affecting such suspension and of DIS'IMCT" S intention to resumu usage of the facilities, DISTRICT, at IDireotm"s rattiest, slid at no cost to GRANTOR, $ball promptly remove and/or abandon any portion of said facilities owned, oporatod, and maintained by DNTRICT, after receipt of written notice from Airport Director to remove and/or abandon. In the event of such removal and/or abandonment, DISTRICT shall exrante, and record in die Official Records of Orange County, California, a Quitclaim Doed sufti0bad to remove the encumbrance of this easement from title to the r3aeemeut Area. Page 4 of 7 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 61 of 69 EXHIBIT E I. ADD SECTION 7 The fallowing seetion is hereby addad to the Easement as Section 7: Section 7, COMPLIANCE WITH REGULATORY AUTHORITIES DISTRICT shall, at its own coat and expense, promptly and at alltimgs observe; comply with and cavy out all presentand future orders, rogulations, directions, rules, laws, ordinances, permits and requirements of all governmental authorities, lnplu<bug but not limited to environmental regulatory authorities, with jurisdictionin, on, over and about the Easeanent Area, which arise 11 om DISTRICT'S Luso of or perfornumce of any activities perxnilted to be conducted by on, over, of across the Easement Axm. In addition, DISTRICT shall ensure that all activities In, on, over or about the Easement Area arc perfmnrod in accordance with any NPI)ES (Nations] Pollutant Dischargo Elimination System) pontdt requirements or other water quality statutes, regulations, ordinances, or permits, applicable to such activities, including but trot limited to use of appropriate best managanent practices, so as to ensure that pollutants are not discharged into the Chantal nor into the flood control syatem. Prior to the start of any construction activity, DISTRICT'shall provide Airport Director and Director of Public Works a copy of their Welor Quality Management Plan (WQN1P) for approval, No approvals or consents given horounder by COUNTY, as a party to flus Easement shall be (learned approval as to compliance or eonfornmuce with applicable governanontal rucks, laws, rules or regulations Signature Page Tallows Pago 5 of 7 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 62 of 69 Approved as to Porro. Office of the County Counsel Orange County, California 6y- ----- Paul kl. Albaria.n, Senior Deputy Daty EXHIBIT E Comity of Orange, n political subdivision of the State of Calif"binia John Wayne Ait:port By; Barry A, Rondinelln, Airport Diroctor Date: Per Waute Order dated: A Hours public or atfrst offleer eompledng We eeraficate verities only the identity of the indivldaal who signed fhc doewnent to wliioh this cartilientals gtteelred, and not the Imthfabress, aurwneyr or validity of that docament. nCKNOWLIFDCAMNT State of California County of 0ranga On, 10 _before me, personally imam.,W s. aNfflu,) who proved to nre on the basis of sntisfactory evidence to be the peraon(s) whose name(s) is/are subscribed to the within instrument and acknowledged to nre thathelshs/they azeeutad the same in his/her/their authorized oapoeity(W), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, exeouted the instrument. T certify under I'MALTY OP PIM UR,Y norther the laws of the State of (alifornia that the foregoing paragraph is true and correct. WITNEW my hand sod official seal. (Seal) Signature Pago 6 of 7 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 - Page 63 of 69 EXHIBIT E CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property convoyed by the within decd or greet to Bic ORANGE COUNTY FLOOD CONTROL DISTRICT', a body corporate and polido, is hereby acoopted by order ofthe Hoard of Supervisors of the County of Orange, California, Eating as the governing bond of the ORANGE COUN'T'Y FLOOD CONTROL. DTST'RICT, and the ORANGE COUNTY I+f OOT7 CON'=T., DISTRfC'T consents to rcurodotion thereof by its duly authorized officer. ORANGE COUN'T'Y FLOOD CONTROL DISTRIC'i' Dated: By: Shane I., Sitaby, Director OCPublic Wor6x Per Minute Order dated,,,,___,_._ Approved as to Form Oil -ice of the County Counsel Orange County, California fly: Deputy Date: Page 7 of 7 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 64 of 59 EXHIBIT F OCTA Tier 2 Guidelines are available at OCTA's website; at the following link: http:/Zwww.octa.net/­­­pdf/CTFPGuidelines.pdf Santa Aria -Delhi. Channel Diversion Project Agreement DI 5-013 Page 65 of 69 EXHIBIT G Insurance, Bonds and Warranties I. Design and. Construct!on Insurance Requirements All consultants, engineers, mitigation agents, the Contractor and each subcontractor to perform work on the Project environmental, design and construction or satisfy obligations in this Agreement shall maintain and provide OCFCD, or COSTA MESA if applicable, with proof of insurance for coverage as set forth below prior to commencement of work: Coves ,rade/Limits Coverage Mnimum Limits Commercial General Liability with $1,000,000 limit per occurrence products and completed operations and $2,000,000 aggregate contractual liability Automobile Liability including coverage $1,000,000 limit per occurrence for owned, non -owned and hired vehicles Workers' Compensation Statutory Employer's Liability Insurance $1,000,000 limit per occurrence Professional Liability Insurance $1,000,000 limit per claims made or occurrence $1,000700 aggregate Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) Form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad. gLialffied Insurer The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California (California Admitted Carrier) or have a minimum rating of A - (Secure A.M. Best's rating) and VIII (Financial Size Category) as determined by the most current edition of the Best's I>ev Rating Guide/Prolserty-Casualty/United States or ambest.com Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: i Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 66 of 69 1) An Additional Insured endorsement using ISO form CG 2010 or CO 2033 or a, form at least as broad naming each Party and JWA and its elected and appointed officials, officers, employees, and agents as Additional Insureds. 2) A primary non-contributing endorsement evidencing that the contractor's insurance is primary and any insurance maintained by any Party shall be excess and non-contributing. 3) A Products and Completed Operations endorsement using ISO Form CG2037 (ed. 10/01) or a form at least as broad, or an acceptable alternative is the ISO from CO2010 (ed. 11/85). All insurance policies required herein shall waive all rights of subrogation against the Parties and their respective elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. If a Professional Liability policy is a "claims made" policy, that contractor shall agree to maintain professional liability coverage for three years following completion of construction and acceptance of work. The Products and Completed Operations coverage shall also be maintained for three years following completion of construction and acceptance of work. The procuring of such required policy or policies of insurance shall not be construed to limit the Contractor and/or its subcontractor's liability, nor to fulfill an indemnification provisions and requirements, nor in any way to reduce the policy coverage and limits available from the insurer. Required Bonds Contractor shall provide a faithful performance bond, payment bond, and warranty bond (individually `Bond" or collectively "Bonds") subject to Director prior approval and the terms herein. Each Bond shall name the Parties as beneficiaries and grant each Project Representative the right to enforce the bond to complete the Facilities in compliance with all construction obligations including but not limited to those for warranties. Sureties providing these Bonds shall be a Treasury Lasted Surety Admitted in California (Federal Register) with a current minimum Best's Key Rating of A- and a Financial Size Category (FSC) of VIII or better. Contractor shall pay all premiums and costs thereof and incidental thereto. SANTA ANA and the Project Representatives agree to not release the Contractor from its Boud(s) without the first obtaining mutual written approval by the Project Representatives. Release of a warranty bond(s) shall occur no earlier than the third anniversary of the sign -off date on the applicable CPP(s). Contractor to provide faithful performance bond(s) in an anlormt to rover 100% of the estimated construction cost for the Facilities (including labor and materials) to insure the Contractor's faithful performance of all work ander the construction contract and the replacing of, or making acceptable, any defective materials or faulty workmanship. No alterations, time extensions, additional work or other changes authorized by the Agreement or the contract may be made without securing consent of the surety or sureties on the Bonds. Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 67 of 69 Contractor to provide payment bond(s) in an amount deemed the by Project Representatives as sufficient to guarantee the Contractor's faithful performance of contract obligations, including those required for warranties and any performed post -construction, Required Warranties Contractor to w=arrant that materials and equipment furnished be new or good quality and carry all available manufacturer's and installer's warranties and that construction be of good and workmanlike quality in accordance with the terms of this Agreement for a period of three years from completion of Project construction and the sign -off date on applicable CPP(s). Any work not conforming to these requirements shall be considered defective work. The construction contract shall not limit the time that owner of improvements has to pursue any action for defective work for a time period less than the applicable statute of limitations. II. Oueration and Maintenance An O&M contractor(s) shall maintain and provide OCFCD and/or COSTA MESA, with proof of insurance for coverage, at minimum, as set forth below; Coverage/Limits Coverage Minimum Limits Commercial General Liability with products and completed operations and contractual liability $1,000,000 limit per occurrence $1,000,000 aggregate Automobile Liability including coverage for owned, non -owned and hired vehicles $1,000,000 limit per occurrence Workers' Compensation Statutory Tm to er's Liabilit Insurance $1,000,000 limit per occurrence Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad. Qualified Insurer The policy or policies of insurance must be issued by an insurer licensed to do business in The State of California (California Admitted Carrier) or have a minimum rating of A - (Secure A.M. Best's rating) and VIII (Financial Size Category) as determined by the most current edition of the Best's Key Rating Gu'de/Prolrerty-Casnalty/iiprited States or ambest.com Santa Ana -Delhi Channel Diversion Project Agreement D15 -0t3 Page 68 of 69 Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: 4) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as broad naming each Party and its elected and appointed officials, officers, employees, and agents as Additional Insureds. 5) A primary non-contributing endorsement evidencing that the contractor's insurance is primary and any insurance maintained by any Party shall be excess and non-contributing. 6) A Products and Completed Operations endorsement using ISO Form CG2037 (ed. 10/01) or a form at least as broad, or an acceptable alternative is the ISO from CO2010 (ed. 11185). All insurance policies required herein shall waive all rights of subrogation against the Parties and their respective elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. The procuring of such required policy or policies of insurance shall not be construed to limit the contractor and/or subcontractor liability, nor to falfill an indemnification provision and requirement, nor in any way to reduce the policy coverage and limits available from the insurer. Santa Ana -Delhi Channel Diversion Project Agreernent D15-013 Page 69 of 69 \ ) ! 9!! RM } 9g be\\ [! !! ! ! ! )( \ ) THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796.7000 / Fax (714) 796.6059 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) SS Nonce Type: BID -NOTICE INVITING BIDS Ad Description: Santa Ana Delhi Channel Diversion I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published In the English language In the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 11/19/1905, Case No. A21046. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 06128/2016, 07/05/2015 Executed on: 07/05/2016 At SANTA ANA,CA I certify, (or declare) under penalty of perjury that the foregoing is true and correct. Signature * A 0 0 0 0 0 4 1 4 3 4 8 0 CNS#: 2897657 NOTICE INVITING BIDS NOTICE'IS HEREBY GIVEN that the Cly of Santa Ana will receive 61 s on or before the hour of 2:00:59 pm, August 9; 2016 by the Public Works Agency Receptionist, Third Floor, located at City Hell - Ross Annex, 20 Civic Center Plaza, M-22, Santa Ana, California 92701 for: PROJECT NO. 1&6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT consists reg,ona . sewer conecwn system. The project also Includes a 1.6 mile pipeline to the regional sewer. Prior to bid opening, Bidders must possess or obtain a valid California Class "A' Contractors license. Information regarding bid suhmission Is Include tl In the Contract Documents, which ere available (pdf format) at the Public Works Agency counter, First Floor, 20 Civic Center Plaza, Ross Annex, Santa Ana, California 92701. Cell the PWA Projects Information Line at 714.647- 5660 for hours, instructions and availability of Co.. This project Is subject W compliance monitoring and enforcementby the Slate of Califomla Do' of Industrial Relations, per Section 1771.44.1, A Conlnctor or subcontractor must be registered with the Depailment of Industrial Relallnns prior to submMIng a bid. In accordance with the prcvlslons of the California Labor Code, prevailing wage rates apply. 6126,715!16 CNS -2897e67# THE REGISTER This space for filing stamp only ll h IN "*�r1$i�s1,11i��i a 11111 riiii��ae 11 11111 NO FEE my 0 0 0 9 2 3 8 4 1 3 201685000274 3:26 pm 03/22/16 214 304 201 0.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 MAYOR Miguel A. Pulido MAYOR PRO TEM Vincent F. Sarmlento COUNCIL MEMBERS Angelica Amezoua P. David Benavides Michele Martinez Roman A. Rayne Sal Thelon Hub I tzu FILED MAR 2 2 2016 CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988. Santa Ana, California 92702 (714) 067.2700 • Fax (714) 973-1461 wwwsanta-ana.org NOTICE OF EXEMPTION MAR 2 2 2016 ORANGE COUNTY CLERK• EC DER GEPARTMEW Dy: DEPUTY :ITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho ;LERK OF THE COUNCIL Maria D. Huizar From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To; COUNTY CLERK From: City of Santa Ana County of Orange Planning & Building Agency P.Q. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title; Warner Industrial Community Water & Sewer Improvements Date of Approval: 06/21/2016 ProjectNumber(s): PWA-2016-292•CIP Project Location: 1 CityWide (Partial) City: Santa Ana County: Orange ER Number: ER -2016-25 Project Description: The project consist of replacing existing water and sewer mains with new water and sewer mains and related appurtenances in the Warner Industrial Community. The project replaces existing utilities and does not expand the service area. Applicant Name: Armando Fernandez , City of Santa Ana Applicant Address: 220 S. Daisy Avenue (M-85) SANTA ANA, CA 92703 Name of Public Agency Approving Project: City Council -- - Name of Person or Agency Carrying Out Project: Fernandez, Armando Exempt Status: ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 16269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) 0 General Rule (Sec. 15061(b)(3)/(5)) ❑ Statutory Exemption: 0 Categorical Exemption: 15301(b) Reasons) Why Project is Exempt From CEQA: 15301(b) consists of repair/replacement of existing sewer and water mains. City Contact: Marilyn Boothe Signature: Title: Title: Telephone: (714) 647-5013 Senior Office Asst. Date: _ SANTA ANA CITY COUNCIL 3122!16 Miguel A, Pulldo Vincent F. Sarmlento Mlohale Martinez Angelloa Amezpua P. David RonavIdes Roman Reyna Sal Tinalero Mayor Mayor Pro Tem, Ward i Ward 2 Ward 3 Ward 4 Ward 5 Ward s MPulldordls a.ana. rto VSarrnlente(f r+anla-ane.om MMarL@z Santa ana oraAamezcua(4a nCaana,gtp DRenavidesasanta-ana.ora RRevnaftSODla-angors STlnaloro0ouintkaaa nn Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT This CONSTRUCTION CONTRACT is made and entered into this 15`i' day of November. 2016, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and Lonerock, Inc., hereinafter referred to as "CONTRACTOR". WITNESSETH; The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Santa Ana Delhi Channel Diversion Project, hereinafter referred to as the "Work of Improvement" identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council, 1 The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the sum total amount not to exceed $4,593,375,00 —Four Million Five Hundred. Ninety-three Thousand Three Hundred Seventy-five Dollars and no cents , as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Page I of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL, (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR. will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law, 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 7. CONTRACTOR shall, prior to the release of t�e performance and payment bonds or the retention payment, furnish a warranty perform, nce and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a c�ndition of project acceptance, For projects up to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation hisurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY J#n Funk Assistant City Attorney CITY OF SANTA ANA: Gerardo Mouet Acting City Manager RECOMMENDED FOR APPROVAL: IFrMpusavipour Executive Director, Public Works Agency CONTRACTOR: t -Q" - TZOG ByLou Title: "?1F-' T3:c0 t - Page 3 of 3 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT Exhibit A PROPOSAL (ADDENDUM ONE - JULY 22, 2016) BID P., R -W -Q A" TO: CITY COUNCIL OF THE. CITY OF SANTA ANA FROM: li— 0 .t4 E";;Z0 � L, 0c. REQUIREMENT: The undersigned bidder declares that they have carefully and thoroughly examined (1) the location of the proposed work site(s), and (2) the Contract Documents including all Addendums, Standard Plan and Specification, Appendices, Permits; and their requirements, etc.;: and hereby proposes to.furnish all labor, material, and equipment for the work required to complete the said. Project in accordance with the plans and specifications for the unit price(s)or lump sum(s) set forth in the following schedule: For any work, regardless of the magnitude, not specifically identified as a lump sum or unit price item listed below, the costs associated with this work shall be included to the items of work, listed below, and no additional compensation will be allowed therefore. tt m ' Description Quantity Uj l Unit Price Am.-, nt'W 1 _. Mobilim tlon. _ 1 LS $ -� _ $ i O(xa 2 Clearing r nd'Grubbing 1 LS $ lt7,ocao $ !'Cy,tg00. 9 Dewatering LSFtt,00rJ. $ t`s. 4 Site Demolition/ Unclassified Excavation" Soo CY a 5 Structural Excavation 'Structure 7000 CY $ 6 Backfill 2000 ' CY $ $ 7 �.B Unclassified Backfill 1000 CY $ i,w $ Shoring 1 LS $ t� oma- $ ' 9 Channel Improvements/Diversion Structure 1 LS $ i,`fo�rr $ )�ir� cta�r, 10 Pump Station 1 LS _ $ s7wlcw. $ 176oe coo,., - o,.,-900 9 -0-0 LF $ d2 „ $ ')Bs+Soo, City of Santry Ana I project 16-6467 Santa AnVgl%fpaTrl Diversion project I REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16.6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT Exhibit A PROPOSAL 1AADDENDUM ONE - JULY 22. 20191 Item Description _ Quantity Unit Unit Price Amount 12 Chain Link Gate IT . g—EA- q13 13 CaeComposed GGraniteAccess Road _ 400 TN 14" PVC Force Main Inln C1CFCD ROW 1000 LF 15 1'4" PVC Force Main In Costa Mesa ROW 3300 _DF—_ $ 16 *14" PVC Siphon 10 EA $ a;306,,, $ 17 *14" PVC Forced Main Installed Qeeper Than 1 -Foot But Less Than 3 -Feet. 10 18 *Pothole Utilities Not Shown In The. Contract Documents 20 EA _ $ ...o�,.•r Q 4. 19 *PCC Concrete Sidewalk 400 SF 20 '*PCG Coriarete Drive Approach 400 SF $Ipm $ ate. 21 *PCC Concrete Curb Ramp - – 400 SF $ 22 *FICC Concrete C&G 500 LF $ $ I 23 *Asphalt Concrete 1000 TN -25 (ARHM) *Adjust Manhole Frame &. Cover to Finished Grade 26 *Adjust Water Valve Box Frame and Cover to Finished Grade 15 27 *Traffic Loopy 2 Project IlnformWion Signage 29 Finish Grading, Irrigation, and Landscaping 1 L5 $t"7 $ 23,17r� TOTAL IBID $ ne iaj wesrt responsigle taltger snail q9 selected based on the total base bid. City of Santa Ansi 1 Project 16.6467 Santa An F I aT W IPel Diver8lon Project I f3Et3lO-October 7, 2016 CITY OF SANTA. ANA PROJECT NO, 16.6467 SANTA ANA DELHI CHANNEL. DIVERSION PROJECT Exhibit A PROPOSAL (ADDENDUM ONE — JULY 22, 2016) The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The City reserves the right to increase or decrease the quantity of this item accordingly. M6 FOS COMPLELTION QF IMPEPYgMENTS AND.LIQUI P&TEDACF 15 o The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within dune hundre 1H t9ch days after the commencement date stated in the Notice to proceed. o The liquidated damages amount, in lieu of the amount specified in Subsection 04 of the Standard Specifications, shall be $3,,000 per calendar day. Name of Firm .s— I Signature of BIDDER Title tit 6i1 i (If an individual, so state.. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm., if a'corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City of Santa Ana / Project 16-W7 Santa An�Pe%Wiil real Diversion Project / RC61b - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE —JULY 22, 2016) 1� TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: 1-0 �A E'er ®C. �-_ . 1 OC. REQUIREMENT: The undersigned bidder declares that they have carefully and thoroughly examined (1) the location of the proposed work site(s), and (2) the Contract Documents including all Addendums, Standard Plan and Specification, Appendices, Permits, and their requirements, etc.; and hereby proposes to furnish all labor, material, and equipment for the work required to complete the said Project in accordance with the plans and specifications for the unit price(s) or lump sum(s) set forth in the following schedule: For any work, regardless of the magnitude, not specifically identified as a lump sum or unit price item listed below, the costs associated with this work shall be included in the items of work, listed below, and no additional compensation will be allowed therefore. Item Description Quantity Unit Unit Price Amount 1 Mobilization 1 LS $22;aX $ 2129, ooU 2 Clearing and Grubbing 1 LS $ 10,000 $ fc),000. 3 Dewatering 1 LS $ 1 S 000 $ IS, opo. 4 Site Demolition/ Unclassified Excavation' 800 CY $ ,Co � $ $O,bOo 5 Structural Excavation 7600 CY $ 3p.i $ 228,000 6 Structure Backfill 2000 CY $ $ 74,0C,,'_ 7 Unclassified Backfill 1000 CY $ 16, $ to 0M., 8 Shoring 1 LS $ 1eS,000 $ 188)000. 9 Channel Improvements/Diversion Structure 1 LS $ f 1woow. $ (�qOp 000 10 Pump Station 1 LS $'700,cwn $ 760, coo, 11 Chain Link Fence 900 LF $ $ 2g 800. City of Santa Ana / Project 16-6467 Santa AnaiPi%FPanl crel Diversion Project / REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE — JULY 22, 2016) Item Description Quantity Unit Unit Price Amount 12 Chain Link Gate 6 EA $2,500.,- $ ISrOaO 13 Decomposed Granite Access Road 400 TN $ 38 $tS,zoO 14 14" PVC Force Main In OCFCD ROW 1000 LF $ $ 17-Tt000. 15 14" PVC Force Main In Costa Mesa ROW 3300 LF $ gg $ G'Zol4co. 16 *14" PVC Siphon 10 EA $ 5fSoa, $ SSJOOO. 17 *14" PVC Forced Main Installed Deeper Than 1 -Foot But Less Than 3 -Feet 10 LF $ 2 Sr7, $ 2� STn 18 *Pothole Utilities Not Shown In The Contract Documents 20 EA $ 500.E $ t b DOO. 19 *PCC Concrete Sidewalk 400 SF $ t n , $ 000. 20 *PCC Concrete Drive Approach 400 SF $ Ion $ 4, orn_ 21 *PCC Concrete Curb Ramp 400 SF $ 12�� $ 4 gni. 22 *PCC Concrete C&G 500 LF $ 25. $ 1 2,500 i 23 *Asphalt Concrete 1000 TN $ q5. $ 24 *Asphalt Rubber Hot Mix (ARHM) 500 TN $ t L5, $ 62SOD. 25 *Adjust Manhole Frame & Cover to Finished Grade 15 EA $ Sm., $ -7 Sop_ 26 *Adjust Water Valve Box Frame and Cover to Finished Grade 15 EA $ 27 *Traffic Loops 25 EA $ 500. $ 12, S�C7 28 Project Information Signage 1 LS $6%S , 00. 11 $ (pt Sbo, i 29 Finish Grading, Irrigation, and Landscaping 1 LS $ 23it7'5 $ 23�175.� TOTAL BID $ The lowest responsible bidder shall be selected based on the total base bid. City of Santa Ana / Project 16-6467 Santa Ana VPVWairl Diversion Project / REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE -JULY 22, 2016) The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The City reserves the right to increase or decrease the quantity of this item accordingly. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES o The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within three hundred (300) working days after the commencement date stated in the Notice to Proceed. o The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,000 per calendar day. Name of Firm Signature of BIDDER I..._ O 1J K, i pc, Title _F 2-E 9i D JE�-J i (if an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City of Santa Ana / Project 16-6467 Santa Ana jp j% and crel Diversion Project / REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE - JULY 22, 2016) BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Signature of BIDDER Title , ,� Y. W�_r (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City of Santa Ana / Project 16-6467 Santa Ana P�Wanj gel Diversion Project / REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE — JULY 22, 2016) CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: L 1= P d G E l ti <_ . Business Address: %0 DO M F- N t (1Z�(t�E� cA22618 Business E -Mail Address: -b (2-$14z- G ISN Etz-OG V_ OC- C�u1 Telephon e: s 3 I O — C7 f301 State Contractor's License No. and p Class: 8 3 �{ 1('Z 4 License Expiration Date: 03/31/ 2018 State Dept. of Industrial Relations (DIR) Registration No.: 1 6000® (Soca State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed Title: o-/ ,3®l2a// �' R� � 01✓ N'� � City of Santa Ana / Project 16-6467 Santa Anal VPV% ani rl Diversion Project / REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE -JULY 22, 2016) PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws'), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct Name of Firm Signature of BIDDER Title (if an individual, so L 0C A E F__Oc. �-_, I Ii C, City of Santa Ana / Project 16-6467 Santa AnaFP9WaW Diversion Project / REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE - JULY 22, 2016) OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) be— k -GA �'�� J A-lJ a ✓ 1^ C , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. (CORPORATION That be is of: PQ-e-iiMErPT O a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the es d c ntr ct, for himself or any other person. C!h y4- Signature of$id Subscribed and sworn to before me this day of Signature of officer Administering Oath (Notary Public) 20 City of Santa Ana / Project 16-6467 Santa Ana %fit atltr I Diversion Project / REBID - October 7, 2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of C Countv of before me, Date personally appeared of and Title o the Officer who proved to me on the basis of satisfactory evidence to be the personJ,srwhose name�C§, ew s scribed to the within instrument and ackno ed to me that/ 1�e�s�iaAbey-executed the same in is jAhOr-authorized capacityX } , and that b his Ignatur n the instrument the personas)! '15r the entity upon behalf of which the person cted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corre t. WITNESS my //��n��d and officia I. Signature Wl Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doment Title or Type of Document: +6, Document Number of Pages: Sig er() Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual t Attorney in Fact ❑ Trustee I Guardian or Conservator ❑ Other: Signer Is Representing: Date: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual I _I Attorney in Fact ❑ Trustee 1-1 Guardian or Conservator ❑I Other: Signer Is Representing: L.�✓S(:.SL.S'✓S'✓ ✓5�.�.SS eiti2`. %4\S�.S`/.4�✓4� � ti2�.2 vq✓ \✓4�%4 v2\✓SL.S ✓✓S.nSv AANDRAVELARDE Commission # 2046564 Notary Public - California i Orange County > M}• Comm. Expires Oct 24, 2017' Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corre t. WITNESS my //��n��d and officia I. Signature Wl Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doment Title or Type of Document: +6, Document Number of Pages: Sig er() Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual t Attorney in Fact ❑ Trustee I Guardian or Conservator ❑ Other: Signer Is Representing: Date: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual I _I Attorney in Fact ❑ Trustee 1-1 Guardian or Conservator ❑I Other: Signer Is Representing: L.�✓S(:.SL.S'✓S'✓ ✓5�.�.SS eiti2`. %4\S�.S`/.4�✓4� � ti2�.2 vq✓ \✓4�%4 v2\✓SL.S ✓✓S.nSv CITY OF SAWA ANA PROJV,CT NO, 16-6447 5AN'I'AANA DP3.Flf: CHANNEL C9ff6'E(Y; ION PROJECT T PROPOSAL Bit) 110ND KNOW ALL PRI'SU.NT [fiat, __. grierock, Inc as BrDDf,, , and _Th Qltisz ua111 a u�an e,CpmpanY _ , as SURL"`f'Y, are trek( and 6rnrly bound unto the CIT Of SA" CsITA BONA, as, ACrF :*1CY, in the penal sunt of, ,. tep percent gf the amount bid DOILuti (_gyp �}, which is test percent (I()%) ral the mod amount bid by Bll)l,) R to ACd;N Y for the above -star d project, for the payment csff Which said !311:)1 1 £2 and 81 agree to be bourst, jointly and severally, firmly by these press nts. fffl,* C;C7vDI'£TONS 01"11-11S 0111,10A,riOti A£1.e1; 5t.CH that, whereas BIDDER is about to submit as bid to AC,E:aqCY" for the above -stated prefect, if satid bid is rciected„ or if said hist is accepted and a contract is awarded and emerod into by k3C£7DF'R in the manner and tuna. sps cffled, then this obligation shall be null and void, otherwise it shall remain in full komc and effect in ftavor ofACI:IN€"0', IN W11 NI'SS WI11t EOF the parties hereto have set their names, titles, hands, and sent this 25 la,m,_„ day of _October_....__..r.w______._._ , QICt T_he Ohio Casualty Insurapce_Gom cagy Dean E. Brown, Attorney -In -Fact _ n_ Subscribed and sworaa to before me_._A_._ _. ilt . day of __....._.w....._w..__.__... Signature: Votary Public in and %br the County o1`,. -.m _ state of Provide t3t13t1£3Tkt t,11W,, V name. nddress, and telephone number read the narrm, bets;, addless; and teicpfionc number of tiutmmized rcpresentative. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This PowerofAHorney limits the acts of those named herein, and they. have noauthorityto bind the Company exceptin the manner and to the extent herein stated_ Certificate No. 6567548 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL. PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized underthe laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, bean E. Brown all of the city of SAN CLEMENTe state of CA each. individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, reeognizances and other surety obligations,. in pursuance of these presents and shall be as binding upon. the Companies as if they have been duly signed by the president and attested by thesecretary of the Companies in their own proper persons. IN WITNESS WHEREOF,. this Power of Attorney has been subscribed: by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of May 2078 M American Fire and Casualty Company The Ohio Casualty Insurance Company N Liberty Mutual Insurance Company m WestAmerican Insurance Company e7 Zl d By: ,ar T .1_12873_ 122013 48 of 100 :STATE OF PENNSYLVANIA ss David M. Care Assistant Secretary .COUNTY OF MONTGOMERY = tipr On this 7th day of May 2014, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and O w w Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and WestAmerican Insurance Company, and that he as such, tieing authorized so to do, O� execute the foregoing instrument for the purposes therein contained b signing on behalf of the corporations b himself as a duly authorized officer. 9 9 D m Y 9. 9 m Y Y N W > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. L CLm O yR _ wo Q M O i - Teresa Pastella , Notary Public y a a 3 to d c IL E r"o This PowerofAttomey is made and executed pursuant to and by authority of the following Bylaws and Authorizations ofAmencan Fire and Casualty Company, The Ohio Casualty Insurance 00 Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: r G mto � ARTICLE IV -OFFICERS -Section 12. Power ofAttorney. Any officer or other official of the Corporation authorized that purpose in writing by the Chairman or the President, and subject 00 +J to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessaryto act in behalf of the Corporation to make, execute seal, >, d O = acknowledge and deliver as surety any and all undertakings,bonds, recognizances`and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective p 3 E Yj powers, of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so- d p L execuled,such instruments shall be as binding as if signed by the. President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under >o T the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.. d v �.=..ARTICLE XIII- Execution of Contracts - SECTION 5. Surely Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president. i N e? £ ` and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as maybe necessary to act in behalf of the Company to make, execute, M .>. 2 G seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attomeys-in-fact subject to the limitations set forth in their c o0 E respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal ofthe Company. When so o executed such instruments shall be as binding as if signed by the president and attested by the secretary. - - O m Certificate of Designation -The President of the Company,: acting pursuant to the Bylaws of the Company,. authorizes David M. Carey; Assistant Secretary to appoint such attomeys-in- F - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledgeand deliver as surety any and all undertakings, bonds, recognizances and other surety .obligations: - .Authorization - By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of anyassistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and affect as though manually affixed. 1, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the. original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked.. IN. TESTIMONY WHEREOF, I have hereunto set m hand and affixed the seals of said Companies this 4XQ',dayof (/ 20 i .. By: "�7;►'' Gregory W. Davenport, Assistant Secretary f .1_12873_ 122013 48 of 100 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cali rn' County of On Date personally appeared before me, Insert Name and Title of Names) of Signer(s) Officer who proved to me on the basis of satisfactory evidence to be thgg,ppersonwwhose nameW46AW soscribed to the within instrument and acknow ed to me that(hs/gheflpey executed the same In i authorized capacity,(ieSjand that by .IDWsignature�oron the instrument the persorW, or the entity upon behalf of which the persorlKacted, executed the instrument. SANDRA VELARDE Commission # 2046564 i • ;®� _: • Notary Public - California z Orange County s My Camm. Expires Oct 24, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h d and official se I. Signature §Aa4 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do t en Title or Type of Document: /�✓ Document Date: Number of Pages: Sigrfer(sf Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual I I Attorney in Fact ❑ Trustee 1I Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual Ll Attorney in Fact ❑ Trustee I-1 Guardian or Conservator ❑ Other: Signer Is Representing: L(`✓S�"✓ '✓S�/'✓S('LS<`LSt✓"✓�-✓5[✓K✓S"✓S�./.�: S YSVSC✓ -✓SSS L4[✓ ``✓S�YS�'✓SL.S`✓4(✓5�.1"�S(✓S'!/S✓4`✓,S't/�-`✓ 0 1 • • • • • • • • :11 • :11 �1 Igb %i�_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ca4riCount of On Date personally appeared before me, �ftlf/li� levee�r Namg and T of the Officer who proved to me on the basis of satisfactory �cribed to the within instrument and ackno ltfjeirauthorized capacitynd that b h or the entity upon behalf of which the person c Place Notary Seal Above Namjf) of Signer(s) evidence to be the w,"whose geed to me the eA execut �xlthair-signature on the instrumei :ed, executed the instrument. I the same in the personas)! I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSmy h nd and official se Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do en Title or Type of Document: r Document Date: Number of Pages: Sig er) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual I I Attorney in Fact ❑ Trustee L 1 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual I I Attorney in Fact ❑ Trustee CI Guardian or Conservator ❑ Other: Signer Is Representing: O 1 • • • • • • •• :11 •v :11 �1 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE - JULY 22, 2016) LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %,% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Ll 41-4iMag d License #/Exp. 0 3 - of 31 9 DIR Reg. #/Exp. / poeW los/ - ( 3 j117 Location G0'aooA ', C A -- Phone 9SI - `136 - 17600 Type Of Work As'Pyl,9c Amount $ 630 000. i Name /tJ6, License #/Exp. F3g6544 - 10/'3 DIR Reg. #/Exp. 7 000000 —6/3o//7 License # Location oCeJ'*J §�iOF CA - Phone 76 6 - 1/2-� -Z/o/ Type Of Work PRICE ,T 6o -1E Amount $ #/o poo, / Name 2fi4LA" &'aA16 , /N(. License #/E p. Wig$ 577- .3/31 1 DIR Reg. #/Exp. / 00000 6y8/ fi /3o / 17 License # Location /=OA'To,i!!r C -A - Phone 909 -351J - 8'7'90 Type Of Work szp)e ,y C Amount $ 804 6170, i I` Signature of ' der Name /' l . -yCZ License #/Exp. 383811 - DIR Reg. (00000_ #/Exp. e, 6 Location Phone A,' 7 _ z Type Of Work GEe7Kic X CoM Amount $ /7p, poo, Name V206 /N7, License #/Exp. 6z;29 - 09/31/12 DIR Reg. / ovovo 379-/ #/Exp. m/ so/ / 7 License # Location I Er/ H , Phone X02-4 Type Of Work7sLg,r r �a Amount $ Name C.S7 (OLL/6! I IJ.0 License #/Exp. 4'/7,f�q1/ - 443o/17 DIR Reg. (oc�ooa 2z6q #/Exp. 6 /.30/ 17 License # Location S/TA GSvoz: vGS Phone 562— 9tF6-670 Type Of Work Amount $ 00 City of Santa Ana / Project 16-6467 Santa Ana-gl�wlrl Diversion Project / REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE - JULY 22, 2016) LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name11,7&61Zj1 `J BAS 4AC j License #/Exp. 533 72ej - 6-/30/1 DIR Reg. #/Exp. )000 o 530'2- 6 /-g o/ /'7 Location PC—R���S Phone rJ Sl - b 17,6 - E:f q2 Type Of Worker ee Amount $ 24 066, "- Name Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR #/Exp. License # Location Phone Reg. Type Of Work Amount $ City of Santa Ana / Project 16-6467 Santa AnaIP618 anj c el Diversion Project / REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE - JULY 22, 2016) REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. c +'ry OFCc sr� l�t�n '77r -hl ie. Name and Address of Owner�— 2. 0 Tri *q /3 41-iles '7 t 4 - 7s'+ —Y7-27- 1 r -t `N Name and Telephone Number of person familiar with project. 3t 2®01 ©ems. i 5r" 'D 7w Contract Amount Type of ork p,,�iN o , -Z+13-061B 'x �. aS% 2.d /s7' Date Completed C,sR673/ Name and Address of owner. ' ' SAP S C. L3A2oeOKA�e-t) 310-732-:i 3 Nam_ a and Telephone Number of person familiar with project. aw pons .57rceMA'9711lar.-m drT';i1 e oS120/-21 Contract Amount Type of Work Date'Completed lv/r7�. elf Name and Address of owner. I' 45A9Ao--X.)J1- 9'4 q-72,3-620 - Name and Telephone Number of person (familiar with project. (-; j' ca/iC2ar- i we�i�e / Z_ /,?,00,7 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. B/lv�- % ��E ,C_ X,z��:.�i✓ /�s�,4e-,✓cam �r�, 7�; 9�f9- 3,6/ -1 � i3 aN� ' i�tE Q{�Io C,91vA tTy 1"JAIR& Jce 4207M�� - arg -LIP u182 r City of Santa Ana / Project 16-6467 Santa AnpDf 6?Ipn"l Diversion Project / REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT — REBID PROPOSAL The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. ] Name and Address of Public Agency City of Costa Mesa 77 Fair Drive, Costa Mesa, CA 92626 Name and Telephone Number of person familiar with project Tom Banks T:714-754-5222 M: 949413-0618 Project Name, Location, and Date of Completion Industrial Way Water Quality/ Storm Drain Improvement No. 14-8 in Costa Mesa, CA Completed May 2015 Detailed Description of Project This project consisted of construction of approximately 1000 linear feet of cast -in-place reinforced concrete storm channel (Image # 1, 2). The project also included associated cast -in-place reinforced concrete structures such as catch basins, manholes, and inlet and outlet structures (Image # 3). A reinforced concrete diversion structure was constructed partially cast -in-place (see Image # 6,7,8, 9) leading to a precast CDS unit (similar to the Santa Ana Delhi Project) (see Image # 4, 5). The purified water was then diverted to a 144" diameter pipe installed by Lonerock (see Image # 14). This project is substantially similar in size to the Santa Ana Delhi Channel Modifications as it was worth over $3,200,000.00 dollars and included over 800 CY of cast -in-place concrete. The size of the project required use of large scale equipment that would be used for the Santa Ana project (see Image #11-13) This project is substantially similar in scope and type to the Delhi Channel as it included construction of reinforced concrete cast -in-place channel with walls that carries storm water by gravity. The major difference is that the entire channel was constructed for a long distance, unlike the Santa Ana Delhi Channel modifications which are for a smaller distance and only partially modify the Channel. This project included a partially cast -in-place diversion structure (Image # 6-9) that serves the same purpose as for the Santa Ana Delhi Channel, and is thus substantially similar. The structure diverts flow from the storm channel to be purified in a CDS unit. For the reasons described above, this project helps satisfy the minimum requirements for the Santa Ana Delhi Diversion Project. The project satisfies 8 months of the 5 year requirement of history and experience, within the last 10 years, of reinforced concrete flood control channels and reinforced concrete structures. It satisfies one of the required two projects of reinforced concrete flood control channel work of similar scope, size, and type of the Santa Ana Delhi Channel project within the past 15 years for the reasons described above. This project also satisfies the requirement of one project including a diversion structure, as described above. The majority of the project experience is cast -in-place concrete as the attached images show. Attach 4 — 8x10 Photographs showing each phase of construction. P-9of P 6 ChA City of Santa Ana /Project 16-6467 Santa Ana Delhi annel eversion Project / Addendum Eight - October 7, 2016 Rt VOW. W O"W^. 00, 140i" ell 4e 11 "SWARM. ' 11 jj P. e 4 V 9 'r &g F 'N' i 7.199M AN a k r r-- 7fo Alf,21 40. -7 , 41T F? M � �� Y/ t 1} 4; 1 jj 6 �' W tee, _'� \!� 3. � t � 4� °' �- � yjj S �Ly.� ��, � gy lYt+ I..� �� _ _ .�� __ rF • ■ i. , �3 i �� ' 1 �tij � y 'y ��.o•' ~- _;;;; .� r r ,. �E �' i S� '�".. �... cs '_�. s r. n \ �^�. , ,� ry �� I .. co. f 1�1`. � _ w .r7 �a- - :�" .. " t _ � �� ' A.. � 'cam � , �' s r ,J t r. k Mt t t as y r� m ;�; i ` w 1 Jd \ W �_ �,r CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT — REBID PROPOSAL The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 2 Name and Address of Public Agency Port of Los Angeles 425 South Palos Verdes Street, San Pedro, CA 90731 Name and Telephone Number of person familiar with project Carlos C. Baldenegro T:310-732-3053 Project Name, Location, and Date of Completion Berth 145-147 in Wilmington, CA Completed May 2013 Detailed Description of Project The project largely consisted of construction of about 2,000 linear feet of cast -in-place reinforced concrete storm channel (see Image # 15). Lonerock was also responsible for construction of other reinforced concrete structures including a partially cast -in-place diversion structure that diverted flow to a pre -cast CDS unit (substantially similar to the Santa Ana Delhi Diversion Project). Other challenging parts of the project included a reinforced concrete storm drain outfall structure (see Images # 17-20) into the harbor. A large cast -in-place reinforced concrete manhole structure connecting the outfall was also constructed (Image # 21). A reinforced concrete structure was constructed 12 feet under ocean water (Images # 22-23). The project also included a design -build custom pump station (Images #16, 24-25). This project is substantially similar in size to the Santa Ana Delhi Channel Diversion Project. Lonerock' work was worth over $6,000,000.00 and included over 1,500 CY of cast -in-place concrete, larger than what is required for the Santa Ana Delhi Diversion Project. The project is similar in scope and type to the Santa Ana Delhi Diversion Project as it required construction of a gravity driven cast -in-place reinforced concrete flood storm channel with walls. The entire channel was constructed, unlike for the Santa Ana project where it is partially modified. The project also included several cast -in-place concrete structures, a diversion to a CDS unit, and construction of a pump station just like the Santa Ana Delhi project. The information above shows that this project partially satisfies the minimum qualifications for the Santa Ana Delhi Diversion Project. The project satisfies 4 years and 2 months of the required 5 year history and experience in reinforced concrete flood control channels and reinforced concrete structures in the past 10 years. It also satisfies one of the two projects required in the past 15 years of similar size, scope, and type of the Santa Ana Delhi Channel project. The majority of the project experience is cast -in-place concrete as the attached images show. Attach 4 — 8x10 Photographs showing each phase of construction. Pi-2of P-1 6 City of Santa Ana / Project 16-6467 Santa Ana Deli Channel Diversion Project / Addendum Eight - October 7, 2016 i 0 r `$ _' rAll r a 0 r `$ _' rAll r s O 4 do , - N a �1• i 4 3 4 4� . � °� � .`«��\,. %�._ ���<±\������\ `� r % ° . ��%.: . %����\\. �J.<d� ?©��� . . . .� @ : »: �° � �� � } 2 :� / :� �� �� � . � :� , :2�. :.�2��/�a � « \�1� © \`� � ��� � \�� }� � � § «�. �\`�.\� ^�\,^ � � +\� % \��_y, � . y2 -� 4. . 44MEM i MIT': , r a r � I G I I r � I G CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT — REBID PROPOSAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 3 Name and Address of Public Agency Irvine Ranch Water District 15600 Sand Canyon Avenue, Irvine, CA 92618 Name and Telephone Number of person familiar with project Kevin Brandt T: 949-923-6211 Project Name, Location, and Date of Completion Natural Treatment System In -Line Basins in Irvine, CA Completed December 2007 Detailed Description of Project This project consisted of constructing cast -in-place reinforced concrete weir structures in Peters Canyon Wash Channel, San Diego Creek, and the Santa Ana/ Santa Fe Channel (see Images # 26-36). The purpose of the weirs was to slow and divert the flow to other sections of the channel. The weirs consisted of a cast -in-place reinforced concrete foundation that ran up the channel slopes (Image #26, 27, 29, 30, 31). Removable, sliding weir logs were installed into the reinforced concrete to adjust flow rate or divert flow when needed (Images # 28). Reinforced concrete modifications (Images #32-35) were also made to the existing reinforced concrete channel structure to accomodate removable aluminum weir logs and divert flow. This project is substantially similar to the Santa Ana Delhi Channel Diversion Project. The work was in channels that are larger in size than the Santa Ana Delhi Channel and experience much greater flow (Image # 27, 31, 36). Over 1,550 CY of cast -in-place reinforced concrete were required, which is more than the requirment for the Santa Ana Delhi Project. The scope and type of the project was similar to what is required for the Santa Ana Delhi Channel. Cast -in -Place reinforced concrete structures with metal pieces were required to modify portions of the channels (similar to the Santa Ana Delhi Channel) to divert flow that was even greater than what will be expected for the Santa Ana Delhi Channel (Images # 27, 29, 31, 35, 36). For the reasons mentioned above, this project partially satisfies the minimum experience requirements for the Santa Ana Delhi Diversion Project. It satisfies 7 months of the required 5 years experience within the last ten years in reinforced concrete flood control channels and structures. It also satisfies one of the required two projects in the last 15 years in reinforced concrete flood control. The project satisfies the requirement of one project with a flow diversion structure (in this case many). Included as supplementary images are #37, 38 which show a project in Huntington Beach finished in February 2007 which included a RC storm water channel for which a large RC structure was constructed with tall walls like what is required in the Delhi Channel. Contact Doug Erdman at 714-374-1735 for more info. on the Michael Drive Storm Drain Bypass Prjt. Attach 4 — Sx10 Photographs showing each phase of construction. P-9CC of P �6 City of Santa Ana / Project 16-6467 Santa Ana Delhi hannel roersion Project / Addendum Eight - October 7, 2016 7' ROM Eq r 1 4 irk �. � •, T ° le /g . \ IV T 40, 41. ti ,1t�Y � 1 i•_ l •r '\ ti Ak 1 � V n' 4 1 `5. ly i 1 J t! f� /' ' y' r Y' I / i 6 I I I- \ . _..I '. 14\ r. I / i 6 I I I- \ . _..I '. 1 I i �i:'l \� F:. � } ♦{ �{tiI � '. !�_..(.. \'a. ..:.. � .. _ ' �� A In =Y �z i. 1s a � �.P _j is �. # f5 �.y 1 ;. �� 4 � �•'� r ".B' ". � _ �l II �" =,.' iw' t � _ _ ; d '1E ��� h � y � I � � �1 � � �, �� �� ,� � / �t � Z � � } `SJR .}� / w. _ T _ �i � K 4 li �� � E � _ W � i �) I � .' i!)5 ik�1 �„ i � _j M�.y r F1 I *, f�ll y�a� 1 L -�' � +Lp �si ai �� �r ��� n. �,i f ',� z kms` L` t'4 Mw Y'n> .„. i #d�3 ,. n y, -�^ :`': :.. _. _ �. •x �. '.��::., #d�3 ,. n y, -�^ :`': :.. _. _ I E� s. 'i A CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT — REBID PROPOSAL Provide the names, addresses, and telephone numbers, below, of all brokers and sureties from whom the BIDDER intends to procure insurance and bonds. J��J�EPz S. eft BOND $i✓✓�• iNJ""✓,�•fhs19�� WC, �Lei4-Y, GE��G� � . %,� Za`�LJrJ /�✓.fv�r � C®ecit'Ja-,> y 13a�/d .. � ;�- c�f,'1ca C�sL',��rj lNsf�f,�✓�� C�ir��y 7q� fLEENE ltd+ 03431 1N�uV-k�C�: �7Vr1�C�J G+�MPE/`'J,�nbi✓ -rZ,4- V FL. r✓P� Ga rJ E -0 /eg. -N/+te-T Fo,-10 i CT INJ� G1Ejj6p -t_- A-13it�Tj' 99p of Hi6v City of Santa Ana /Project 16-6467 Santa Ana Det i annel aversion Project /Addendum Eight -October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE - JULY 22, 2016) ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed street improvement work in the past 5 years. 1 • C4 :7�t QP CO3fM M {I 77 t--h7P- *1)1Y &, *;0 Name and Address of Owner. 72D/-! /3 �- 9i�- 7s4 -S Z22 h --114g- z4 11,- o 91 Name and Telephone Number of person familiar with project. ;�Z 2<x� , n��'. ;� �a�n • Dru t� GS � .,� r rav�'�. e�S� 2m 1 S� Contract Amount Tye of Work Date Completed 2. beT 1�9°l 4ig-; ¢g- �C/17,g Jr. z!/ ikx . C�4- foo/J— Name and Address of owner. ' . Z'f/1YA1Ji 17 — 562•-5110-4/%2`� 52SZ Name and Telephone Number of person familiar with project' Contract Amount Type of Work Date Completed Name and Address of owner. Name and Telephone Number of person familiar with project. Jr�K ��jb�r 1 %/c� brS ', �� {�,y✓ii✓G Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. -%P -0t:, = , G RA .L. BZ'-DLOhJ k-V1J C6 (0,- /�eJ1� �� �iy Cr9��,eu� %NJveB,✓ � � M�� y City of Santa Ana / Project 16-6467 Santa An?)-W6yt - l Diversion Project / REBID - October 7, 2016 tCcDP r1grz- KaP-Ai&-cr - .ALL -AK-ERcAa 4S-f'-_V(&-CT- - S ReG7-r Itj?Rov 6iLTc�T- W C)F_ �- �17-t OUJ`- WATER DISTRICT PAST WORK REFERENCES Rialto Water Services Remove & Replace 9 Locations 437 N Riverside Ave Contract Amount: $36,695.35 Rialto, CA 92376 Completed: 1/14/16-4/30/16 Contact: Stephanee Stafford, (909) 820-0400 x 53301 Moulton Niguel Water District 27500 La Paz Rd Laguna Niguel, CA 92677 Contact: Jim Sampson, (949) 795-6880 2A Yard Parking Improvements Contract Amount: $70,050.00 Completed: 10/l/15 — 3/31/16 Rialto Water Services Remove & Replace 12 Locations 437 N Riverside Ave Contract Amount: $29,032.14 Rialto, CA 92376 Completed: 9/1/15 — 9/30/15 Contact: Stephanee Stafford, (909) 820-0400 x 53301 Rialto Water Services 110 Locations Citywide 437 N Riverside Ave Contract Amount: $108,790.00 Rialto, CA 92376 Completed: 2/l/15-6/30/15 Contact: Stephanee Stafford, (909) 820-0400 x 53301 Yucaipa Valley Water District 35477 Oak Glen Rd Yucaipa, CA 92399 Contact: Linda Kilday, (909) 797-5118 Pico Water District 4843 Church Street Pico Rivera, CA 90660 Contact: Mark Grajeda, (562) 692-3756 Santa Margarita Water District 26111 Antonio Parkway Rancho Santa Margarita, CA 92688 Contact: Dia Bader, (949) 459-6576 Moulton Niguel Water District 27500 La Paz Rd Laguna Niguel, CA 92677 Contact: Jim Sampson, (949) 795-6880 Crow Street Road Replacement Contract Amount: $415,779 Completed: 8/27/13 —10/31/13 Manning Inter -Tie Project Contract Amount: $155,555.00 Completed: 8/1/11 —12/30/11 Portola Dam Upstream Slope Contract Amount: $181,000.00 Completed: 12/l/10-1/31/11 Cabot & Crown Valley Parkway Contract Amount: $64,500.00 Completed: 5/1/09 — 5/31/09 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE - JULY 22, 2016) NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may WbjectAhp certifier to criminal prosecution. Signed 0 State of California County of o, A ii6c— Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal City of Santa Ana / Project 16-6467 Santa Anf5D6j0Y I Diversion Project / REBID - October 7, 2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ca' rn' County of On �� a Date personally appeared before me, of Signer(s) L l c1/ (( of the Officer who proved to me on the basis of satisfactory evidence to be the ersonXwhose namepy) scribed to the within instrument and acknow ged to me thatChe�Jle/ffjoq executed the same in hi authorized capacityfles), and that by is peft signatur�Won the instrument the persor;W, or the entity upon behalf of which the person,Or6cbted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -- WITNESS my h d and official se . SANDRA VELARDE - Commission # 2046564 Notary Public - California z Signature Or County > Coco®m. Expires oct qn on, ,IP Signature of Wotary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do ent 4bV,-CO11U5i0k% ;Qa Ur) Title or Type of Document: Document Date: _ Number of Pages: Sig l er ) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual I I Attorney in Fact ❑ Trustee I 1 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 1_1 Attorney in Fact ❑ Trustee 1-1 Guardian or Conservator ❑ Other: Signer Is Representing: LCd2L."✓:C✓'✓2�2t✓J2�2"i2'�'/h✓2'✓a✓'ri✓:�"✓SC✓2�`:Sv2"/2"/4�«✓.Tv4(✓SL..�2'✓Sg✓2<+✓2'✓2�2'✓G✓'ei2�, '✓2(✓Sv✓2'✓R✓2�6v✓2`:T� CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE - JULY 22, 2016) NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana / Project 16-6467 Santa AnIbElpy6y"I Diversion Project / REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE - JULY 22, 2016) The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violationa ter. T Signed: L Title: p 'si (7cNT Firm: ®1.5Ei?-C) Date: Q A;cy /1(2 City of Santa Ana / Project 16-6467 Santa AnibQ06y1pnffl Diversion Project / REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE - JULY 22, 2016) STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like unt to ie aliforni�a Apprenticeship Council. Signed: Title: Firm: _ j IJ -2-p GFS (0 C Date: p Z % City of Santa Ana / Project 16-6467 Santa An?)DV0�"I Diversion Project / REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE - JULY 22, 2016) STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give,,u"ny-part v f jute compensation to which he/she is otherwise entitled. Signed:. Title: Firm: d{J-C— Date: j p 2-7 City of Santa Ana /Project 16-6467 Santa Anf5D�lh6y"I Diversion Project / REBID - October 7, 2016 CITY OF SANTA ANA PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT PROPOSAL (ADDENDUM ONE - JULY 22, 2016) PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X� If the answer is yes, explain the circumstances in the following space. City of Santa Ana / Project 16-6467 Santa AnibQfp6f"I Diversion Project / REBID - October 7, 2016 MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal Tinajero CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M-36 Santa Ana, California 92702 (714)647-5013 www.santa-ana.0M July 22 2016 TO: CONSTRUCTION CONTRACT BIDDERS SUBJECT: PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT ADDENDUM ONE The following change and clarification has been made to the subject Contract Documents: CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar A Mandatory Pre -Bid Meeting will be held Thursday, August 11, 2016, 2PM, at the project site. See attached map for the exact location. 2. Bid Opening is changed from August 9, 2016 to September 1, 2016; time and location stay the same. 3. Add the following to Section 1-2 Terms & Definitions: Parties - Cities of Santa Ana, Newport Beach, and Costa Mesa, County of Orange, and Irvine Ranch Water District. 4. Add the following to Section 2-5.3.1 General: 2-5.3.1.1 ELECTRONIC SUBMITTAL PROCEDURES A. Summary: 1. Shop drawings, product data submittals, and closeout documentation shall be transmitted to City in electronic (PDF) format using Submittal Exchange; which is a website service designed specifically for transmitting submittals between construction team members. 2. The intent of electronic submittals is to expedite the construction process by reducing paperwork, improving information flow, and decreasing turnaround time. 3. The electronic submittal process is not intended for color samples, color charts, or physical material samples; those shall be submitted separately to the City. B. Procedures: 1. Submittal Preparation ■ Contractor shall convert all submittals to an electronic (PDF) submittal with the City provide submittal cover page. 2. Contractor shall complete in its entirety the City submittal cover page, review submittal for accuracy and contract compliance, and apply electronic stamp certifying that the submittal complies with the requirements of the Contract Documents including verification of City of Santa Ana / Project 16-6467 Santa Ana Delhi Channel Diversion Project / REBID - October 7, 2016 MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal TinaJero AUGUST 9. 2016 CITY OF SANTA ANA 20 Civic Center Plaza s P.O. Box 1988 M-22 Santa Ana, California 92702 www.santa-ana.oro CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Made D. Huizar 4P5� ADDENDUM TWO TO: CONSTRUCTION CONTRACT BIDDERS SUBJECT: PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT The following change and clarification has been made to the subject Contract Documents: 1. Bid Opening is changed to September 15, 2016; time and location stay the same. 2. The Mandatory Pre -Bid Meeting day is changed to Thursday, August 18, 2016, 2 PM, at the project site. Address for meeting location is 20321 Irvine Avenue, Newport Beach, CA 92660. All other terms and conditions remain the same. CITY OF SANTA City Engineer K:\Construc6onl_NPDES\Santa Ana Delhi Channel Diversion Project\Construction Documents0d Documents\Project 16-6467 Addendum 2 SANTA ANA CITY COUNCIL Miguel A. P((ul`�id}}o����rr�� Vicente Sarmiento p�1Q ��` Mehele Wilmot p 'nAngei. AmuWa P. ��.vd Bpe�nnaaveles/ i R�ommyanyReyns Sal yTinajero MPullaaralsa\nta= itAarEf bSdAMefitNl855aAte-9n9tli3'�t M1iMSnMe r1(a h'6.�d `!\`Ag1fi�ah15-e�,P�� IVU Uds'rdsdnl5i�ryfrbJ I' RRdCA#� erh3��QMC� 7;3 ffie'Id�santa-ane om MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal Tinajero CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M-36 Santa Ana, California 92702 (714) 647-5013 v .santaana.orc September 7, 2016 TO: CONSTRUCTION CONTRACT BIDDERS SUBJECT: PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT ADDENDUM THREE The following change and clarification has been made to the subject Contract Documents: CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar j�/�,a kco 1. Bid Opening is changed from September 15, 2016 to September 22, 2016; time and location stay the same. 2. Revise Section 8 — Field Office Facilities last sentence from: Items 10, 11, and 12 shall become property of the City of Santa Ana to Items 12, 13, and 14 shall become property of the City of Santa Ana. 3. Revise Appendix A Bid Item No. 17 - 14" PVC Forced Main Installed Deeper Than 1 -Foot But Less Than 3 -Feet: the unit bid price shall be LF. 4. Revise Appendix A Bid Item No. 27 Traffic Loops: the unit bid price shall be EA. 5. Add the following section: 3-6 COST REDUCTION INCENTIVE Add the following section 3-6: In accordance with the provisions of the California Public Contract Code, Section 7101, "Extra Compensation," the Contractor may submit to the Engineer, in writing, proposals for modifying the plans, specifications, or other requirements of the contract for the sole purpose of reducing the total cost of construction. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the project, including but not limited to: service life, economy of operations, ease of maintenance, desired appearance, or design and safety standards. Cost reduction proposals shall contain the following information: 1. A description of both the existing contract requirements for performing the work and proposed changes. 2. An itemization of the contract requirements that must be changed if the proposal is adopted. SANTA ANA CITY COUNCIL Miguel YOPepy of S%rrAWrArSaaa0otR ect 18� W6�Z�enta Ana D Wekafab anel DiveoslaselWa Tioet / REB bOM®ber 7, 20' @ ami6`o moulworysanta-ana.omysarmiento0sadaana ofa mrn%M.a II®santa-ana ora eammuansanla-anaora d0enaVdesfa..Wana ae navnelalsanta-anaas sunaieroneantaana ora MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal Tinajero CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 (714) 647-5013 www.santa-ana.om September 9, 2016 TO: CONSTRUCTION CONTRACT BIDDERS M-36 SUBJECT: PROJECT NO. 16-6467 SANTA ANA DELHI CHANNEL DIVERSION PROJECT ADDENDUM FOUR Please find attached the Pre -Bid Meeting Attendance Roster. All other terms and conditions remain the same. CITY OF SANTA City Engineer SANTA ANA CITY COUNCIL CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Mane D. Huizar Miguel YpCity of S MrAwArro sennProject 19�W67a@wta Ana Dei�mviel Diver%rMde/ REB abjm mward 2 Wab ®, i moulitlo(@santa-ana.oreyammiento&santaana ora mmaldnezO.anta-anaom a amez,.aAsant"na.ro dbenaydes0sarde-anaom rreynansamet-an..wa .1maou dDsanta- ena ora MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal Tinajero September 15, 2016 ADDENDUM FIVE CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M-36 Santa Ana, California 92702 (714) 647-5013 w .santa-ana.oro TO: CONSTRUCTION CONTRACT BIDDERS SUBJECT: PROJECT NO. 16-6467 SANTA ANA -DELHI CHANNEL DIVERSION CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar 1. The following changes have been made to the Contraction Documents of the subject project: a. Add the attached APPENDIX H, GEOTECHNICAL INVESTIGATIONS REPORT. b. Attached are Pdf files of Addendum 3 plans issued before. 2. Response to submitted questions are as follows: i. Please provide the details requested for the coarse bar screen shown on the attached PDF. Coarse bar screens: (2) 8' wide panels each consisting of (2) intermediate panels of HSS8x8 columns with HSS4x4 and HSS6x6 beams and (2) end panels of C12 columns with HSS4x4 and HSS6x6 beams; all hot dipped galvanizing. • All tube sections are to 1/4" thick • The ends of all horizontal HSS4x4 and HSS6x6 beams are to be fully welded both end to support columns and channels at the walls. Provide 1/4" weld all round, seal all joints and coat with galvanizing paint to match galvanizing on all components of structure • The HSS12x12 columns were revised to C1 2x25 channels at the walls — clips on detail 4 are to extend 2'/2" onto the flanges of the C12 ii. Plan Sheet DS05 calls out a CCJ. Please provide details for a CCJ. The Controlled Cracking Joints (CCJ) of hydraulic slabs was addressed Addendum 3. SANTA ANA CITY COUNCIL Miguel A. P@1y of SantarA emAWroject 19<6+ Va®estta Ana Daft-@ lWfiel Divei%W dl�rca of / REBt&-O iiober 7, 20 6 I Tinaiaro Mayor Mayor Pro Tem, Ward t Wad Wad Wed4 Wad Wad moulido0saota-anaom vsannienlc(dsanta-angora mmadinezasanta-ana om aamazcua(dsanta-ana orn dbenavides62sade-ana.oro nevnaldsanla- ana oro ;tine erordsanta-ana ora MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal Tinajero September 15, 2016 ADDENDUM SIX CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M-36 Santa Ana, California 92702 (714) 647-5013 vrww.santa-ana.oro TO: CONSTRUCTION CONTRACT BIDDERS SUBJECT: PROJECT NO. 16-6467 SANTA ANA -DELHI CHANNEL DIVERSION The following changes have been made to the plans of the subject project. - On plan sheet 2 of 60, GENERAL NOTE #26 shall read as follow: CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar If the Contractor encounters any hazardous materials during construction, the Contractor shall immediately notify the Engineer. Handling and disposing of such materials shall be done in accordance with all applicable laws and regulations. All other terms and conditions remain the same. CITY OF SANTA City Engineer SANTA ANA CITY COUNCIL Miguelk PC* of SarftArs&*ntProject 19^@4@1?a80nta Ana Dshi-e4y"Fiel Diveftbvid!� yioet / REBriiln-October 7, 20s@Tinaiero Mayor Mayor Pro Tem, Ward 1 Ward 2 Wet 3 Wat 4 Ward 5 Wat 6 moulido0santa-ana.ore vsarmient-0santa-ana om mmatnezAsanta-ane ora aamezG.iar@eenta-ana oro dbenavido.6Msan1aana om neynaDsanta-ana ora stinamroAsantaana ora MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal Tinajero September 20, 2016 ADDENDUM SEVEN CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M-36 Santa Ana, California 92702 (714) 647-5013 www.santa-ana.oro TO: CONSTRUCTION CONTRACT BIDDERS CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Made D. Huizar SUBJECT: PROJECT NO. 16-6467 SANTA ANA -DELHI CHANNEL DIVERSION The following changes have been made to the plans of the subject project. - Special Provisions 3.00 Traffic Control o Traffic control plan shall be submitted for all lane closures; no exceptions. o All major intersection work shall be constructed on weekends or at night, and at the Engineer's direction. o All work on Bristol Street shall be constructed at night; expect for the work in front of the two hotels, approximately 700' either side of Red Hill Avenue. This work shall be constructed during the day between 8:30am and 3:30pm. o All lanes shall be opened up to traffic at the end of each construction shift; all plates shall be recessed per the City of Costa Mesa standards. All other terms and conditions remain the same. CITY OF SANTA City Engineer SANTA ANA CITY COUNCIL Miguel A. P®jtl of Sara iftmontProject 18^6469-Swta Ana Deft-Dhannel Divei%bF d! r?jvet / REBIO-Odober 7, 20$@ Timjero Mayor Mayor roTem,Wardt Ward2 Wad Wardb Wad Wad mnNldnl705anta-ena.gm ysarmientonsanta-ana.oro mmarbnazt@senta-ana.om aamezcuansanta-ana an dbenawdesoisantaana oro rreyna0santaana.ora WnaleroAsanla-an, ora MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal Tinajero October 7, 2016 ADDENDUM EIGHT TO: SUBJECT: CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M-36 Santa Ana, California 92702 (714) 647-5013 wvrN.santa-ana.oro CONSTRUCTION CONTRACT BIDDERS CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar PROJECT NO. 16-6467 SANTA ANA -DELHI CHANNEL DIVERSION �C?12 4I(, The following changes have been made to the plans and specifications of the subject project. 1. The Original Contract Documents and Addendums 1, 2, 3, 4, 5, 6, and 7 contain no changes. Addendum 8 contains all changes with respect to the "REBID". 2. Replace the Notice Inviting Bids with the attached REBID Notice Inviting Bids. 3. Amend Addendum Seven Special Provisions 3.00 Traffic Control with the attached Costa Mesa Traffic Control Phasing plan. 4. Rename Special Provision Section 4.00 entitled "Special Provisions — Storm Channel Diversion Structure" as follows: 4.00 Special Provisions — Storm Channel Diversion Structure and Flood Control Channel Modifications 5. Replace Special Provision Section 4.01 entitled "General' in its entirety with the following: 4.01 General The CONTRACTOR responsible for the construction of the Storm Channel Diversion Structure and the Flood Control Channel Modifications shall have a minimum of five years history and experience, within the last ten years, constructing (1) Reinforced concrete flood control channels; the experience shall be the same or substantially similar in size, scope, and type of the flood control channel modifications for this project as depicted in the project specifications, and (2) Reinforced concrete structures; the experience shall be the same or substantially similar in size, scope, and type of the diversion structure for this project as depicted in the project specifications. The CONTRACTOR shall have constructed and satisfactorily completed a minimum of two (2) projects of reinforced concrete flood control SANTA ANA CITY COUNCIL Mi9(ttr PGanta Alfw* 5 e t 16-646�F�afVt na Delhi Q4+a afvekQversion Pe e2d atitlAddendunry i Nina October �a12(kl® Ma or Mayor Pro Tem, ertl1 Ward Wad artl4 Wa 5 moulitloAsanta-ana.om vsamiantoOsanta-ana om mmartinezDsanta-ana om aamezcuaOsanta-ana ora tlbenavitlesAsanta-ana ora rrevna(Nsanta-.n. ao Wartl6 si'na a rat t - MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal Tinajero October 18. 2016 ADDENDUM NINE CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M-36 Santa Ana, California 92702 (714) 647-5013 vr"nv.santa-ana.orc TO: CONSTRUCTION CONTRACT BIDDERS CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Made D. Huizar SUBJECT: PROJECT NO. 16-6467 SANTA ANA -DELHI CHANNEL DIVERSION - The Original Contract Documents and Addendums 1, 2, 3, 4, 5, 6, and 7 contain no changes. - Addendum 8 contains all changes with respect to the "REBID". - Bidders shall use Bid proposal that is included in Addendum 1 and also attached herein. All other terms and conditions remain the same. CITY OF BANTA City Engineer SANTA ANA CITY COUNCIL Miguel A. Pullen Vicente Sarmiento Michele Martinez Angelica Amezcua P. David Bemnadas Roman Reyna Sal Tinajero Mayor Mayor Pro Tem, Ward t WaN2 Wam13 Wand Ward5 Ward mWlldor@aanta-ana Pre yganrientodeanla2na.ora mmaninezOsanta-anaora aamezcuarBSanta-ana IXe g1g.r. 006naanta-ana om maynarSiean"naom ininaieroOsanlaana ora CITY OF SANTA ANA BONDS PROJECT NO.: 16-6467 Bond No. 024068664 **Premium Included on Performance Bond** KNOW ALI, MEN BY THESE PRESENTS that Lonerock, Inc. as CON,rRACTOR, and The Ohio Casualty Insurance a corporation, organized and existing Linder the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of Four million five hundred nip ,three th-omond-th-ree-h.un.drgdmventy.-five-&.......____. . ...... . ...... -- Dollars ($-4,s93,a7s.00----), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, Jointly, and severally, finely by these presents, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated November 15 2016 _ for Santa Ana Delhi Channel Diversion / Pro'ect # 16-6467 � if CONTRACTOR or any subcontractor fails to pay for any labor or material orany kind used in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts due Linder the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work, to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY, IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 14tb-- day of 20-16,. Dragan Dean E. Brown - Attorney -In -Fact Subscribed and sworn to before me, this _day of 20—, Signature: Notary Public in and for the County of State of Rate of premium on this bond is inched thousand. Total amount of premium charge is $ jnctuded-------.,--, To befilled in by Surety "Ilro vide CONTRA CTOR / ADM7TED SURFE TY naive, address, and tc lephone manher and die rune, fide, address, and telephone number oJ'anthorized representative. 2 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ca' is County of On Date personally appeared before me, /) 11kilk- Name(s) of Signer(s) of the who proved to me on the basis of satisfactory evidence to be the personJ,$)" whose namq(S0i scribed to the within instrumentand ackno ged to me the a executed the same in hi bet/.Dor authorized capacity' , and that b h' �ignat on the instrument the perso� r the entity upon behalf of wh ch the person act executed the instrument. R SANDRA VELARDE ''• Commission # 2046564 z f Notary Public - California z �!P �: o Orange County My Comm. Expires Oct 24, 2017+ Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do ent Title or Type of Document: ' �� Document Number of Pages: Sign r(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual (] Attorney in Fact ❑ Trustee I I Guardian or Conservator ❑ Other: Signer Is Representing: Date: Signer's Name: ❑ Corporate Officer — Title(s): Cl Partner — ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other: Signer Is Representing: L_l Attorney in Fact El Guardian or Conservator G L y6LU/ti. ✓4C✓K✓4V6'+/'✓4"✓ `✓4�4(✓S�i"✓4✓SL4�✓4 "✓G�.iL.4 "✓4\✓ �✓4�4[✓4L✓,4(✓4'✓•i�✓,K✓4��4�/�a/4(✓'•✓G�4�4L4'✓ �/4C✓•L, � • � • � • � • � � � • �•1 • ��� � ire i �� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calrr ig ) County of On Iv�before me, Date Here Insert Name apd 'tie of the Officer personally appeared ame(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the ersonKwhose namefs)�ii �r cribed to the within instrument and acknowl ged to me that e,Jae executed the s8me in hi ,09)air'authorized capacity�nd that b i signatur s) bn the instrument the perso� or the entity upon behalf of which the person acted, executed the instrument. SANDRA VELARDE "�i9. Commission # 2046564 a i3O Notary Public •California zz z "-W Orange County My Comm. Expires Oct 24, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my ha/d and official se3(. OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D ent Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual L_1 Attorney in Fact ❑ Trustee LI Guardian or Conservator ❑ Other: Signer Is Representing: GL.G"✓Gv✓GL..�✓G`✓GL.Z`%1.K✓{C✓G'✓{�✓._✓'✓�4�✓�, "✓ '+/{'✓{L,G�,Gt`._iG`%G✓GL.GL.GAG'✓G"✓G`5�.✓G�.e/{'di✓{'✓G'✓G'✓ CITY OF SANTA ANA BONDS PROJECT NO.: 16-6467 FAITHFUL PERFORMAMI HQND Bond No. 024068664 Premium: $44,200 KNOW ALL MEN BY THESE PRESENTS that Lonerocf Inc. as CONTRACTOR, and The-Oblo.Casuafty,-Insurance,Company-.,--.---.----I a corporation, organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY. are hold and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum Of --Fourmiflion-five-hundred-ninetv-three-. thousand three hundred seventy five Dollars (5-4,593,375.00._._.....-- ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OFTnis OBLIGATION AIrE, SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated November 15, 2016 for Santa Ana Delhi Channel Diversion if CONTRACTOR faithfully performs and fulfills all obligations in the perf6rinance of the Work of Improvement to be done under said Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice Of Such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this lah.- day of pggMber __, 20�16_. Loperock, Inc. Dragan Dean E. Brown - Attorney -In -Fact Subscribed mid sworn to before me, this day of 20—. Signature: Notary Public in and for the County of State of Rate of premium on this bond is $ thousand, Total amount of premium charge is $ To hefilters in by Surety *Pravidc CONTRACTOR 1AMITER W]RETY name, address, and telephone nun Cher and dte name, title, address, and telephone number of outhorized representative, 1 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CaliPplia County of J111,11111114) / / On Pja before me, na c Date e el n ert Name and Title of the Officer personally appeared Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person whose name,(s)&ire/ bscrib d to the within instrument and acknowledged to me that s executed the same in hi her/iai�uthorized capacityJj9arand that b ' signature on t e instrument the persoraj� r the entity upon behalf of which the perso acted, executed the instrument. SANDRA WLARDE I certify under PENALTY OF PERJURY under the laws Commission # 2046564 of the State of Califomia that the foregoing paragraph en; Notary Public - California z is true and correct. z ° :` orange es Oct WITNESS m nd and official seal. My Comm. Expires Oct 24, 2017 Y Signature ignature of 61o"__otary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Dgea ent Title or Type of Document: Document Date: Number of Pages: Sign r(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee 17 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual E I Attorney in Fact ❑ Trustee 1_1 Guardian or Conservator ❑ Other: Signer Is Representing: LoYAII- . • . v • .. :rr • :•• : •r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cali nip ) County of On before me, Date ere Insert Name an r I oflga Officer personally appeared who proved to me on the basis of satisfactory evidence to be the erson whose name(g) tisXgre' scribed to the within instrument and ackno ged tom tha a executed th sa e I hi �xdtlauthorized capacity i , and that b i signatur on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. ------------------ SANDRA VELARDE " Commission # 2046564 a e Z Notary Public - California z D :�� Orange County My Comm. Expires Oct 24, 2077 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my aaivlz( l. Signature tary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D ien Title or Type of Document: D'MIR eDocument Date: e3 Number of Pages: Sign(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): []Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Other:_ Signer Is ❑ Guardian or Conservator Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee C_l Guardian or Conservator ❑ Other: Signer Is Representing: O 1 • • • • •10 • • • :11 • :11 �1 CITY OF SANTA ANA Bond No. 024068664 BONDS PROJECT NO.: 16-6467 WARRANTY PFRFOBbIANCE ANF) PAYMENT BOND ('ro be submitted upon project completion as a condition of project acceptance) KNOW AL1., MEN BY THESE PRESENTS that Lonerock, Inc. as CONTRACTOR, and a corporation, organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound onto the City of Santa Ana, as AGENCY, in the penal sum thousand three hundredseven five 001100---------------- ------------------------ Dollars which is,1.q9percent of the final contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents, THE CONDITIONS OF TEAS OBLIGATION AR E SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated for s 'e #: - 467 artta if CONTRACTOR faithfully warrants the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SUR134Y.and notice Of Such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seat this 14th day of December 2016. Loperock, Inc, Dragan MarjanvirkrPres-Zs, SU '.'['Y*.Th Oh- C D an E. Brown - Attorney -In -Fact Subscribed and sworn to before me, this _day of --�+ 20--, Signature: Notary Public in and for the County of State of Rate of premium on this bond is $ included per thousand, Tond amount of premium charge is $ _i,pclqde To he filled in by Su" *Providt, CONTRACTOR /,< AWITTED SUkETYname, address, and telephone number and the name, tale, cuidress. and telcRitione number qfaitthorized rcpresentative, 301,3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cali nia County of 4A 4 ,( On v before Date personally appeared C(/ 4�'� ' isert Name and Title of the Officer t' Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be tthg pers rl(5fyvh )se name%S scrib d to the within instrumen d ackno dged to me tha �j executed the same in hi =uthorized capacit , and that b i > signatu n the instrument the perso� r tse entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct./7 WITNESS my haneand official seal. Signature Place Notary Seal Above Notary OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached t: ent �� �ocume Title or Type of Document: � /fi' Document Date: Number of Pages: Signer(s) O er Th Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 1-1 Attorney in Fact ❑ Trustee I 1 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee Cl Guardian or Conservator ❑ Other: Signer Is Representing: L"✓i�'✓5\✓iG✓5(✓S(✓iL.S�.:.4�✓.:V:'✓i�✓iVi(✓5��,i�4(✓ti.5�.5 .1:.2�✓�JS��,'ti✓. ✓4`.SC.:4�✓.: ei1�.'.. ...... .5 .ti.{�.i�✓iVS�i<✓S(✓N CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. kqb / 1"C, who proved to me on the basis of satisfactory evidence to be the persoose nam°rL3� scribed to the within instrument and acknow dged to me that t executed the same in JaefJyaetf authorized capacity 'SW and that b i f49RTl�aifsignatu on the instrument the persor�(s� or the entity upon behalf of which the person cted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hgftd and official of Notary OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc f nt Title or Type of Document:l qgf Document Number of Pages: Signer(s) Otl r Tha Name Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual (I Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Date: Signer's Name: ❑ Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee CI Guardian or Conservator 11 Other: Signer Is Representing: L4"'✓4�4'•✓4<✓4V '✓4�,4C'✓4v4<✓4vK✓4(✓4[✓4�4' Y`✓,4L�4�`✓4'Y4!✓4L�/,4V4"✓qU�"✓4�✓�'✓4v -✓ '+/4"✓ �..1'%4'•✓4"/4'YGl✓✓4'•✓4�Y,G`:;�'Y4\✓�L, 0 1 • • • • • • • • :11 • Y :11 � •: <1 SANDRA VELARDE :f"�"* Commission # 2046564 ;�=m_ Notary Public -California z My Comm. Expires Oct 24, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hgftd and official of Notary OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc f nt Title or Type of Document:l qgf Document Number of Pages: Signer(s) Otl r Tha Name Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual (I Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Date: Signer's Name: ❑ Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee CI Guardian or Conservator 11 Other: Signer Is Representing: L4"'✓4�4'•✓4<✓4V '✓4�,4C'✓4v4<✓4vK✓4(✓4[✓4�4' Y`✓,4L�4�`✓4'Y4!✓4L�/,4V4"✓qU�"✓4�✓�'✓4v -✓ '+/4"✓ �..1'%4'•✓4"/4'YGl✓✓4'•✓4�Y,G`:;�'Y4\✓�L, 0 1 • • • • • • • • :11 • Y :11 � •: <1 E$OCJK INC, lo. IBM- 54, I VU R NE, CA 92619-L4503 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, andthey have no authontyto bind the Company except in the manner and to the extent herein stated. Certificate No. e5e7s58 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmedcan Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectivelycalled the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute. and aoboint: Dean E. Brown all of the city of SAN. CLEMENTE, state of CA each individually if there be more than one: named, its true and lawful attomey-in-tett to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and othersurety obligations,. in pursuance of these presents and shall be as binding upon the Companies as. if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed: by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day Ofmay 2014 American Fire and Casualty Company y - " The Ohio Casualty Insurance Company Liberty Mutual Insurance Company WestAmerican Insurance Company By: m STATE OF PENNSYLVANIA as David M. Care Assistant Secretary COUNTY OF MONTGOMERY - On this 7th day of May .2014 , before me personally appeared David M. Carey, who acknowledged himself to be. the Assistant Secretary of American. Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, assuch, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscrjbedmy name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the dray and yearfrst ab/1oveewririften. By -- Teresa Pastele , Notary Public y This Power ofAltomey is made and executed pursuant to and byauthomyofthefollovnng By-laws and Authorizations ofAmedcan Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance . Company, and West American Insurance Company which resolutions are now in full force and effect reading. as follows: ve i ARTICLE IV—OFFICERS-Section 12. Power ofAttomey. Any officer or other official of the Corporation authorized for that purpose in writing. by the Chairman or the President, and. subject ay to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in:fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, i>= acknowledge and deliver as surety any and all undertakings,bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective a^ powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so R executed, such instruments shall: be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or altomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. C .ARTICLE XIII:— Execution of Contracts -SECTIONS Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety. any and all undertakings, bonds, fecognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full powerto bind the Company by their signature and execution of any such instruments and to attach thereto the seal ofthe Company Men so executed such instruments shall be as binding as if signed by the president and attested by the secretary. - Certificate of Designation -The President of the. Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, lbonds, :recognizances and other surety obligations. Authorization - By unanimous consent of the Companys Board of Directom, the Company consents that facsimile or mechanicallyreproduced signature of any assistant: secretary ofthe Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with. the same force and effect as though manually affixed: - - I; Gregory W. Davenport, the undersigned Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company,. and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,. true and correct copy of the Power of Attorney executed by: said Companies, is in full force and effect and has not been revoked, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this �q day of &642b&b&( Gregory W. Davenport; Assistant Secretary LMS 12873_122013