REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Title
Action on Approval of Amendment No. 3 to the Design-Build Agreement with Forty Niners Stadium LLC and Turner/Devcon Joint Venture to Address ADA-Related Warranty and Remediation Work at Levi's Stadium
Report
COUNCIL PILLAR
Ensure Compliance with Measure J and Manage Levi's Stadium
BACKGROUND
The Design-Build Agreement (DBA, Attachment 1) was entered into in February 2012 by the Santa Clara Stadium Authority (SCSA), Forty Niners Stadium LLC (49ers) and Turner/Devcon Joint Venture (TDJV) to govern the construction, design and other services necessary for the build-out of Levi's Stadium. The DBA was amended first in March 2012 (Attachment 2) to establish the cost of the construction work and the bases therefor. The DBA was amended for a second time in June 2012 (Attachment 3) to alter the construction cost, tenant improvements, and insurance coverages.
In December 2016, SCSA and various 49ers entities, among others, were sued by plaintiffs Abdul and Priscilla Nevarez (Nevarez v. SCSA, et al., 5:16-cv-07013), on behalf of a class of Stadium patrons with mobility related disabilities, for alleged violations of the Americans with Disabilities Act (ADA) upon the Stadium site. TDJV was brought in as a cross-defendant in the case. The litigation was ultimately settled with the Plaintiffs in 2019; the settlement calls for various structural barriers in and around the Stadium site to be remedied. The SCSA/49ers and TDJV have reached an agreement to settle the SCSA/49ers claims against TDJV, with the settlement requiring TDJV to contribute financially to the settlement with the plaintiffs as well as to perform some remediation work at the Stadium site.
The DBA contains a warranty work section (Article 9, Section 9.5) that requires TDJV to correct latent defects at its own expense. The proposed Third Amendment to the DBA (Attachment 4) seeks to formalize the warranty work to be performed by TDJV pursuant to terms des...
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