AgdaPkt 2020-10-26 Joint SA PFA - Laserfiche WebLink

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7.A. - Page 55 of 176 10/09/2020 (b) SCOA Changes to Final Construction Documents. If SCOA or the General Contractor (with SCOA's consent) seek to have changes made that alter the City -approved Final Construction Documents or change the expected development costs as shown in the Final Design and Construction Budget (defined in Section 10 below), SCOA will provide City with written notice of the requested changes, a complete explanation of the requested changes, and any revised Final Construction Documents or Final Design and Construction Budget (or both, as the case may be) for City's approval, which shall not be unreasonably withheld, conditioned or delayed. Reasons for such requests from SCOA for changes to the City -approved Final Construction Documents shall include (by way of example and without limitation) (i) damage from causes beyond control of SCOA or the General Contractor and not covered by insurance, (ii) changes in FEMA standards, (iii) discovery of concealed or unknown conditions, (iv) remediation of Hazardous Materials, if any, discovered in a subsequent investigation pursuant to Section 9, and (v) defects in or failure of materials or equipment and defects in or failure of work resulting from design parameters or means or methods of construction, any of which is specified for use by City or any City representative and specifically shown in and expressly required by the Final Construction Documents or Construction Contract (as defined in Section 12(c)). Upon City's approval of the proposed changes, which approval will not be unreasonably withheld, the Final Construction Documents, the Final Design and Construction Budget or both (as the case may be), shall be changed or adjusted accordingly. (c) City Changes to Final Construction Documents. If the City requires reasonable changes that alter the Final Construction Documents or change the expected development costs as shown in the Final Design and Construction Budget (or both), following notice and receipt of such reasonable changes requested by the City, SCOA will provide City with revised Final Construction Documents with changes consistent with City's reasonable requirements and any proposed revision to the Final Design and Construction Budget (or both, as the case may be) for City's approval, which will not be unreasonably withheld. (d) Seaport Project Committee. SCOA and City will take all necessary steps within their control to reach agreement within 14 calendar days with respect to any proposed changes pursuant to Subsections 3(b) and (c) above. To expedite decisions on proposed changes, SCOA and City, prior to start of construction of the Levee Improvements work, will each designate a representative to meet and confer on such proposed changes with the objective of submitting a joint recommendation to the Parties on the proposed changes. To facilitate such expedited decisions, SCOA, BKF and City agree to form the "Seaport Project Committee" which Seaport Project Committee shall be comprised of five members; two members from StonyBrook Associates, Inc. (authorized representatives of SCOA), two members from BKF, and one member from the City, which shall be the City Engineer or his or her designee ("Designated City Official"). Accordingly, throughout the construction of the Levee Improvements, the City shall actively participate as a member of the Seaport Project Committee. 4. Community Facilities District. (a) Community Facilities District; Formation. Pursuant to the City's Local Goals and Policies, and the Code which incorporates the Mello -Roos Act, the Parties shall cooperate in good faith to establish the CFD to fund the City's acquisition of the Levee Improvements and the maintenance of the New Levee, as well as ongoing maintenance of the Seaport Centre Wet OAK #4819-4834-1908 v19 8 ATTY/AGR/2020.230/SEAPORT LEVEE AGREEMENT 237