Section 6.1 Application for Land Use Approvals. 49ers Stadium Company, with the cooperation of the City, Agency and Stadium Authority, will process an application for all City land use approvals necessary for construction of the Stadium. That process will include preparation of an environmental impact report in accordance with CEQA.
Section 6.2 Project Management Agreement. 49ers Stadium Company will make a good faith effort to assist the Stadium Authority in completion of the Stadium. The Stadium Authority will enter into a project management agreement (the "Project Management Agreement") with 49ers Stadium Company pursuant to which 49ers Stadium Company will direct and manage all design and construction for the Stadium, subject to oversight of the Stadium Authority in accordance with procedures to be defined in the Project Management Agreement that recognize 49ers Stadium Company's responsibility for construction cost overruns. The design of the Stadium will be developed by 49ers Stadium Company in consultation with the Stadium Authority, City and Agency. The design will be presented at public meetings where the public will have the opportunity to comment on the design.
Section 6.3 Charter Review Committee. The City will form a Charter Review Committee to review and make recommendations to the Council to consider possible amendment to Section 13.10 of the City Charter (Contracts on Public Works), and if Council approves, to submit a proposed Charter amendment to the voters for approval. In accordance with the City's requirement that 49ers Stadium Company be responsible for any construction cost overruns, the proposed Charter Amendment could create a design-build process and contractor selection process that would allow the 49ers Stadium Company to properly manage the risk of overall construction costs. Such a process could allow for sole-sourcing (i.e., without public bidding) certain elements of the work unique to stadium construction, while assuring that the majority of the construction work is put out for public-bid on a best value basis (which could allow consideration of selection criteria other than the lowest responsible bid).
Section 6.4 Development Fees. 49ers Stadium Company will pay, as part of the Development Budget, (i) permit processing and inspection fees legally required for a public building, and (ii) one-half of the development fees required to be paid to the City's enterprise funds as a result of the construction of the Stadium, estimated to be approximately One Million Seven Hundred Thousand Dollars ($1,700,000). The Agency will pay the other one-half of the development fees required to be paid to the City's enterprise funds as of a result of the construction of the Stadium. A list of development fees to be paid to the City's enterprise funds as of a result of the construction of the Stadium is attached as Attachment E.
