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

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7.A. - Page 64 of 176 10/09/2020 application to any other dispute arising from this Agreement. The parties agree that this Agreement, specifically including Sections 10 through 15, complies with the requirements of Section 53314.9(a) of the Mello -Roos Act. [note that 53314.9 only applies to CFD Advanced Costs] 11. City Costs; Deposit. SCOA will pay to City the actual, reasonable, verified cost for all engineering, inspection, administration, plan check, laboratory and field testing, construction, legal, and other services furnished by City in connection with this Agreement, including review and approval of the Engineering Plans and Final Construction Documents for construction of the Levee Improvements, performed by City personnel or by consultants under contract with City ("City Costs"). SCOA shall deposit with City the sum of Twenty Thousand and No/100 Dollars ($20,000.00), which together with any funds remaining from the prior One Hundred Seventy -Five Thousand and No/100 Dollars ($175,000.00) already deposited ("Deposit") shall be held by City as security for payment of City Costs. SCOA understands that the Deposit is not an estimate of City Costs and further agrees to pay to City the actual, reasonable cost of providing such services, in accordance with the City's current fees or rates. City will provide SCOA on a monthly basis with an itemized invoice for City Costs. SCOA may, by written notice to City within ten (10) days of receipt of such invoices, question or dispute the accuracy, applicability or reasonableness of any charge. If, after consultation, the Parties are unable to agree on any charge, City may withdraw from the Deposit (or SCOA will pay) the disputed charge, as the case may be, subject to further review and resolution in the final accounting pursuant to Section 10. SCOA agrees to complete payment of such additional sum or sums for the services provided by City, if any, within forty-five (45) days after billing by City, and agrees that the amount payable shall be increased by ten percent (10%) in the event payment is not made within such forty-five (45) day period; provided, however, that the 45 -day period will be tolled during (attempted) resolution of any disputed charge. Within five (5) business days following each drawdown of the Deposit (if any), SCOA shall deposit additional immediately available funds with City so that the Deposit is maintained at the full amount of $20,000.00. Any part of the Deposit or such additional sum or sums not utilized by City shall be returned to SCOA promptly following termination of this Agreement if the Conditions Precedent are not timely satisfied or, if such Conditions Precedent are satisfied, the City's acceptance of the Levee Improvements following SCOA's satisfactory completion thereof. City Costs will be included in both the Final Design and Construction Budget and the Final Project Costs. 12. Awarding Design and Construction Contracts. City has the right but not the duty to participate in SCOA's selection process for retaining consultants and the General Contractor to design and construct the Levee Improvements. SCOA has provided City with the qualifications of SCOA's design and proposed construction management team(s) for the Levee Improvements, including SCOA's civil engineer and all other design professionals performing work related to design of the Levee Improvements, and the Designated City Official has approved the following firms: BKF Engineers - Surveyors - Planners (Civil Engineers, Planners & Project Administrators); Moffat & Nichol Engineers (Coastal Engineering and FEMA expertise); ENGEO (Geotechnical Services); Huffinan Broadway Group, Inc. (Environmental Assessment and Agency Processing); OAK #4819-4834-1908 v19 17 ATTY/AGR/2020.230/SEAPORT LEVEE AGREEMENT 246