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Levee Improvements may be constructed in phases as warranted to coincide with the issuance of the respective permits and the Levee Improvements may be bid and the Construction Contract structured accordingly; and (ii) prior to awarding the Construction Contract, SCOA will provide City with proof of availability of sufficient funds to complete the Levee Improvement work in accordance with the Final Design and Construction Budget. (c) SCOA shall provide notice of the competitive bid process to and obtain competitive bids from a minimum of three (3) qualified bidders. SCOA shall mail notices inviting formal bids to the recipients approved by the Designated City Official or his or her designee. The notices shall be distributed (by mail or electronic mail) no less than thirty (30) calendar days before the opening date of the bids. The notices shall distinctly describe the Levee Improvements project and state the time and place for submission of bids. Bids shall be submitted to SCOA either via hard copy or email. The bids shall be received and opened by SCOA and there shall be no requirements for a public bid opening. After the bids are received and opened by SCOA, SCOA may contact one or more of the bidders and request clarification of any bid or adjustments to the bid to comply with the specifications for the Levee Improvements, including the City -approved Final Bid Package Documents so that all bids may be evaluated on a comparable basis. The contract for the construction of the Levee Improvements ("Construction Contract") shall be awarded to the responsible bidder submitting the "best value" bid for such construction as reasonably determined by SCOA in consultation with City; provided, however, SCOA shall have right and discretion to reject all bids. In making its determination of best value, SCOA may consider, in addition to price, other reasonable evaluation criteria, including timeliness of performance, on -budget performance, ability to minimize change orders, technical capacity, qualifications, and ability to assess and minimize risks. SCOA will submit to City written evidence of compliance with the competitive bidding procedures set forth herein, including evidence of the required noticing and a listing of all responsive bids and their amounts. SCOA will comply with, and require its designers, contractors, subcontractors, etc., to comply with, all labor (including without limitation prevailing wage), equal opportunity and nondiscrimination laws, and all other laws the City would require for a regular public works project. City staff will have the same access to the site during construction, and the same rights to observe, inspect and approve the Levee Improvements that staff would have under a regular public works project. When title to the Levee Improvements is transferred to the City, the instrument of conveyance will be recorded, and Owners and SCOA, as applicable, will provide a title policy, unconditional mechanics lien releases, and other documentation confirming the City's lien -free title to, and easement rights with respect to, the Levee Improvements. City "acceptance" of the Levee Improvements will occur in the same manner as under a regular public works contract, subject to "acceptance" of title to the Levee Improvements as provided in the Purchase Contract, defined below. SCOA will have an absolute duty to perform work in conformance with the Final Construction Documents and Construction Contract, and to correct defective or non -conforming work immediately upon SCOA's knowledge in accordance with Section 22 below. 13. Prevailing Wage Requirements. SCOA acknowledges and agrees that the work of Levee Improvements will constitute "public works" as defined in California Labor Code Section 1720(a)(1). Accordingly, SCOA shall comply with, and cause its General Contractor and all subcontractors to comply with, all State Labor Code requirements and implementing OAK #4819-4834-1908 v20 19