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7.A. - Page 66 of 176
<br />10/09/2020
<br />Contract") shall be awarded to the responsible bidder submitting the "best value" bid for such
<br />construction as reasonably determined by SCOA in consultation with City; provided, however,
<br />SCOA shall have right and discretion to reject all bids. In making its determination of best
<br />value, SCOA may consider, in addition to price, other reasonable evaluation criteria, including
<br />timeliness of performance, on -budget performance, ability to minimize change orders, technical
<br />capacity, qualifications, and ability to assess and minimize risks. SCOA will submit to City
<br />written evidence of compliance with the competitive bidding procedures set forth herein,
<br />including evidence of the required noticing and a listing of all responsive bids and their amounts.
<br />SCOA will comply with, and require its designers, contractors, subcontractors, etc., to comply
<br />with, all labor (including without limitation prevailing wage), equal opportunity and
<br />nondiscrimination laws, and all other laws the City would require for a regular public works
<br />project. City staff will have the same access to the site during construction, and the same rights
<br />to observe, inspect and approve the Levee Improvements that staff would have under a regular
<br />public works project. When title to the Levee Improvements is transferred to the City, the
<br />instrument of conveyance will be recorded, and Owners and SCOA, as applicable, will provide a
<br />title policy, unconditional mechanics lien releases, and other documentation confirming the
<br />City's lien -free title to, and easement rights with respect to, the Levee Improvements. City
<br />"acceptance" of the Levee Improvements will occur in the same manner as under a regular
<br />public works contract, subject to "acceptance" of title to the Levee Improvements as provided in
<br />the Purchase Contract, defined below. SCOA will have an absolute duty to perform work in
<br />conformance with the Final Construction Documents and Construction Contract, and to correct
<br />defective or non -conforming work immediately upon SCOA's knowledge in accordance with
<br />Section 22 below.
<br />13. Prevailing Wage Requirements. SCOA acknowledges and agrees that the work
<br />of Levee Improvements will constitute "public works" as defined in California Labor Code
<br />Section 1720(a)(1). Accordingly, SCOA shall comply with, and cause its General Contractor
<br />and all subcontractors to comply with, all State Labor Code requirements and implementing
<br />regulations of the Department of Industrial Relations pertaining to "public works," including the
<br />payment of prevailing wages (collectively, "Prevailing Wage Laws") in connection with
<br />development of the Levee Improvements. SCOA shall require the General Contractor to submit,
<br />upon request by City, certified copies of payroll records to City, and to maintain and make
<br />records available to City and its designees for inspection and copying to ensure compliance with
<br />Prevailing Wage Laws. SCOA shall also include in its Construction Contract, a provision in
<br />form acceptable to City, obligating the General Contractor to require its contractors and
<br />subcontractors to comply with Prevailing Wage Laws in connection with the work of Levee
<br />Improvements, and to submit, upon request by City, certified copies of payroll records to City
<br />and to maintain and make such payroll records available to City and its designees for inspection
<br />and copying during regular business hours at the Property or at another location within City.
<br />(a) SCOA shall defend (with counsel reasonably acceptable to the City), indemnify,
<br />assume all responsibility for, and hold harmless City Parties (defined in Subsection 18(a) below)
<br />from and against any and all present and future Claims (defined in Subsection 18(a) below)
<br />arising out of or in any way connected with SCOA's or its General Contractor's or its or their
<br />contractors or subcontractors' obligations to comply with all Prevailing Wage Laws, including
<br />all Claims that may be made by contractors, subcontractors or other third party claimants
<br />pursuant to Labor Code sections 1726 and 1781.SCOA hereby waives and releases City Parties
<br />OAK #4819-4834-1908 v19 19
<br />ATTY/AGR/2020.230/SEAPORT LEVEE AGREEMENT
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