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

Browse Search

7.A. - Page 73 of 176 10/09/2020 with the Final Construction Documents and performance requirements as approved by City, provided that the City shall not unreasonably interfere with the performance of the Levee Improvement work. During the three (3) year period following substantial completion of the Levee Improvements by the General Contractor in accordance with the Final Construction Documents ("Warranty Period"), SCOA shall cause all or any portion of the Levee Improvements work failing to comply with the Final Construction Documents in design, materials or workmanship to be corrected without unreasonable delay and without cost to City. Except as provided in Section 20, City will not be assuming any liability by approving, reviewing, checking, correcting, or modifying any improvement plans or related specifications or in approving, reviewing or inspecting any work or construction. To the extent that SCOA may assert a right to recovery against another party under one or more of the Design and Construction Agreements (defined in Section 23), City will be a third party beneficiary of such recovery right. If SCOA fails to comply with its Warranty Period obligations, City may access SCOA's warranty security. 23. City as Third Party Beneficiary. City will be an intended third party beneficiary of the rights of SCOA with respect to agreements entered into by the SCOA with design, engineering, construction, or other professionals for the purposes of performing the work of design and construction of the Levee Improvements ("Design and Construction Agreements"). For all Design and Construction Agreements entered into after the Effective Date of this Agreement, SCOA will include a provision granting to the City the right of assignment in the event of a SCOA Default under this Agreement. 24. Default. SCOA will be in default under this Agreement if (i) SCOA fails to perform one or more material requirements in the Agreement or violates any material legal requirement related to the Levee Improvements work (collectively, a "Deficiency") and (ii) fails to cure a Deficiency within forty-five (45) days following written notice from City of such Deficiency; or, if such Deficiency is not curable within such forty-five (45) day period, then within such period as is reasonably necessary to accomplish such cure provided that within the forty-five (45) day period, SCOA presents City with a written plan acceptable to City to cure the Deficiency (which acceptance will not be unreasonably withheld) and thereafter cures the Deficiency according to such plan (a "Default"). The remedies available to City for a Default will depend on whether the event of Default occurs prior to or following commencement of the Levee Improvements construction work. (a) Default Prior to Commencement of Work. In the event SCOA Defaults prior to commencement of the Levee Improvements construction work, City may, in its discretion, with or without abandoning the Levee Improvements project, declare that SCOA and Owners have no further rights under the Agreement (or any related Encroachment Permit) to implement the Levee Improvements project. If the City elects to continue the Levee Improvements project, City may use any available funds to perform the Levee Improvements construction work by contract or other method City considers advisable including, without limitation in its sole election, by succeeding to SCOA's position under any or all of SCOA's Design and Construction Agreements, including without limitation all bid bonds, the Construction Contract, and General Contractor bonds. If City opts to succeed to SCOA's position under any or all of SCOA's Design and Construction Agreements and/or bonds then City, as SCOA's successor, may exercise all rights and seek all recourse reasonably available to City under any such assumed Design and OAK #4819-4834-1908 v19 26 ATTY/AGR/2020.230/SEAPORT LEVEE AGREEMENT 255