6D(8) Brownfields Grant Agreement - former Studebaker Stamping Plant

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4.4.6. Permits required by Section 404 of the Clean Water Action; 4.4.7. Contract Work Hours and Safety Standards Act, as amended (40 U.S.C. 327 -333); 4.4.8. The Anti Kickback Act (40 U.S.C. 276c); and 4.4.9. Section 504 of the Rehabilitation Act of 1973, as implemented by Executive Orders 11914 and 11250. 4.5. The Davis -Bacon Act of 1931 (CERCLA Section 104(g)(1), 40 U.S.C. Section 276a- 276a -5 and 42 U.S.C. Section 3222). CERCLA compliance with Davis - Bacon requires payment of Federal prevailing wage rates for construction, repair or alteration work funded in whole or in part with Project Grant Funds. The Grantee must obtain recent and applicable wage rates from the U.S. Department of Labor and incorporate them into the remediation construction contract. 4.6. Executive Order 13202 - "Preservation of Open Competition and Government Neutrality toward Government Contractors' Labor Relations on Federal and Federally - funded Construction Projects." 4.7. Office ofManggement and Budget (OMB) Circular No A -122, "Cost Principles for Non - Profit Organizations." 4.8. Executive Orders 12549 and 12689 - "Debarment and Suspension." The Grantee shall ensure that no contract is made with a party or parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs. 4.9. American Recovery and Reinvestment Act of 2009 (ARRA) — "Buy American" Provisions - The Grantee understands the work, goods and services under this Agreement are being funded with monies made available by the federal American Recovery and Reinvestment Act of 2009 and such law contains provisions commonly known as "Buy American" (and as such is supplemented from time to time by federal rules and guidance) that requires all of the iron, steel, and manufactured goods used in the project be produced in the United States ( "Buy American Requirements ") including iron, steel, and manufactured goods provided by the Contactor pursuant to this Agreement. 4.9.1. The Grantee shall ensure that each contractor, subcontractor or vendor complies with the Buy American Requirements. 4.9.2. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Grantee shall permit the Grantor to recover as damages against the Grantee for (and the Grantee shall indemnify and hold the Grantor harmless against) any loss, expense or cost (including without limitation attorney's fees) incurred by the Grantor resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the Grantor or any damages owed to the Grantor by the Grantee).