Agmt 2000 City of Oakland Port Commissioners (2)

Home

TDC:aaa 11/21180 potential contractors for the construction, the City shall provide the list of pre - qualified contractors to the Port within ten days of the time the pre - qualification process is complete. The Port shall have the right to review and approve the list of pre - qualified contractors. Such approval shall not be unreasonably withheld, delayed or conditioned. If the Port does not object to a contractor on the pre- qualification list within ten days after receipt of the contractor's name, the contractor shall be deemed approved. Any disapproval or conditional approval by the Port shall be in writing and shall be accompanied by a specific written statement of all grounds for disapproval or conditional approval. If the •contractors performing the insulation are chosen pursuant to an overall contract to perform the construction and there is no opportunity for pre - qualification, then the Port shall not have the right to approve the contractor or contractors performing the work so long as the City complies with the legal requirements of the public bidding process. The City may retain consultants, at the City's cost, to oversee the Port's consultants in the performance of the sound studies and preparation of the construction specifications. d) Cost of Construction . The Port shall fund in accordance with this Agreement all actual and reasonable payments the City is obligated to make to the City's construction contractor for the library noise insulation improvements constructed pursuant to the construction specifications and the City's construction contract But the Port shall have no obligation to fund any payments the City is obligated to make as a result of the City's negligence, breach of legal obligation, breach of contract or other culpable conduct. The Port, at the City's request, shall reimburse to the City the City's cost of retaining City consultants as specified in Section 4(c), provided that City shall submit the request, including the specific and total amount to be reimbursed, within 90 days after the Port delivers the specifications to the City. • City of San Leandro and Port of Oakland Settlement Agreement Page 15 • 29848