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7.A. - Page 62 of 176
<br />10/09/2020
<br />the Levee Improvements, including within the soil and ground water. SCOA will remediate any
<br />existing Hazardous Materials and use commercially reasonable efforts to obtain the issuance,
<br />from all governmental agencies which assert jurisdiction over the remediation of the Levee
<br />Improvements (or portions of the Property or City Property on which such improvements will be
<br />situated), of closure letters with no requirement of further remedial work, and provide copies of
<br />such closure letters to City. Any such remedial work will be performed in accordance with all
<br />applicable governmental requirements and the costs thereof will be included in the Final Design
<br />and Construction Budget and the Final Project Costs (as defined in Section 10 below) unless
<br />SCOA or SCOA's General Contractor or subcontractors are responsible for the presence of the
<br />Hazardous Materials.
<br />As used herein the term "Hazardous Materials" means: (i) petroleum or petroleum
<br />products, natural or synthetic gas, asbestos in any form that is or could become friable, urea
<br />formaldehyde foam insulation, and radon gas; (ii) any substances defined as or included in the
<br />definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely
<br />hazardous wastes," "restricted hazardous wastes," "toxic substances," "toxic pollutants,"
<br />"contaminants" or "pollutants," or words of similar import, under any applicable Environmental
<br />Law (defined below); and (iii) any other substance the exposure to which is regulated by any
<br />governmental authority. "Environmental Law" means any federal, state or local statute, law,
<br />rule, regulation, ordinance, code, policy or rule of common law now or hereafter in effect and in
<br />each case as amended, and any judicial or administrative interpretation thereof, including any
<br />judicial or administrative order, consent decree or judgment, relating to the environment, health,
<br />safety or Hazardous Materials, including without limitation, the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.; the Resource
<br />Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.; the Hazardous Materials
<br />Transportation Act, 49 U.S.C. §§ 1801 et seq.; the Clean Water Act, 33 U.S.C. §§ 1251 et seq.;
<br />the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq.; the Clean Air Act, 42 U.S.C.
<br />§§ 7401 et seq.; the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq.; the Atomic Energy Act,
<br />42 U.S.C. §§ 2011 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C.
<br />§§ 136 et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq.
<br />10. Project Budgeting and Funding. The estimated budget for the Levee
<br />Improvements, consisting of legal cost for SCOA and the Owners (including .documentation for
<br />design, construction, acquisition, CFD formation and other elements of the project); currently
<br />anticipated hard and soft costs of design (including field studies); bidding (including document
<br />preparation); construction (including field engineering, testing, surveying, project management,
<br />construction supervision, contingency, preparation of "as -built" record documents pursuant to
<br />Section 15, third party inspections, CFD Advanced Costs and City Costs pursuant to Sections
<br />4(c) and 11, respectively, construction contractor's bonds and insurance, and SCOA's bonds
<br />pursuant to Section 17); FEMA accreditation; and for the construction phase only, overhead
<br />(including general and corporate overhead, and accounting) not to exceed 10% of Final Project
<br />Costs, is $11,750,053.00. The design phase of the project is substantially complete. Hard and
<br />soft design costs (including overhead), actual and projected, to date are $2,776,780.00.
<br />Throughout the remaining pre -construction process, and continuing through completion of
<br />construction of the Levee Improvements and subsequent FEMA accreditation hearings, SCOA,
<br />on a monthly basis, will provide City with actual project costs incurred to date and an updated
<br />estimated budget for the remaining costs of the Levee Improvements project. The final pre -
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