AgdaPkt 2020-10-26 Joint SA PFA - Laserfiche WebLink

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7.A. - Page 72 of 176 10/09/2020 In the event that SCOA's insurance is cancelled, SCOA shall provide replacement coverage or all work must cease as of the cancellation date until replacement insurance coverage is provided. (c) Workers' Compensation Insurance. SCOA shall provide, or cause to be provided, Workers' Compensation insurance as required by law, and shall cause its General Contractor and its and their subcontractors, agents and representatives to also maintain Workers' Compensation insurance as required by law. No work shall commence until such Workers' Compensation insurance is obtained and in full force and effect. 20. General Representations and Warranties. SCOA warrants that all design and construction services will be performed in accordance with generally accepted professional standards of good and sound design and construction practices and all requirements of the Final Construction Documents and Construction Contract. SCOA warrants that the Levee Improvements including, without limitation, each item of material incorporated therein, will be of suitable grade of its respective kind for its intended use, and free from defects in design, engineering, materials, construction and workmanship. SCOA warrants that the design and construction work will conform in all respects with applicable requirements of federal, state and local laws; applicable construction codes and professional and other standards; licenses and permits; drawings and specifications and all descriptions set forth therein; and all other requirements of the Final Construction Documents and Construction Contract. SCOA will not be responsible, however, for the adverse consequences of selection or use of equipment, materials, design parameters and means or methods of construction which are specified by the City or any City representative and specifically shown in and expressly required by the Final Construction Documents or Construction Contract. The foregoing representations shall survive for the Warranty Period (as that term is defined in Section 22 below). 21. Environmental and Toxics Warranty. The covenants, warranties and representations set forth below will be effective continuously during SCOA's construction of the Levee Improvements and following cessation of labor for any reason, including, without limitation, completion of the Levee Improvements. SCOA covenants, warrants and represents to City that: (a) to its knowledge after due inquiry, no Hazardous Materials were discovered on or about the Levee Improvements or Property or City Property prior to SCOA's design and construction of the Levee Improvements except as disclosed to City in writing; (b) if any such Hazardous Materials are discovered during performance of the Levee Improvements or after completion thereof, SCOA will exercise commercially reasonable efforts to fully remediate such Hazardous Materials and take all necessary steps to obtain no further action letter(s) from the applicable regulatory agency(ies) exercising jurisdiction over such remediation work; (c) SCOA's operations concerning site preparation and grading of the Property and City Property and the design and construction of the Levee Improvements are and were not in violation of any Environmental Law and no notice from any governmental body has been served upon SCOA or Owners claiming any violation of any such Environmental Law, or requiring or calling attention to the need for any remedial work in order to comply with any such Environmental Law, with which SCOA has not complied; and (d) if there are any such notices with which SCOA has complied, SCOA will provide City with copies thereof. 22. Warranty. City will have the right to periodically inspect the Levee Improvements after acceptance thereof to confirm conformance of the Levee Improvement work OAK #4819-4834-1908 v19 25 ATTY/AGR/2020.230/SEAPORT LEVEE AGREEMENT 254