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

Home Browse Search

4.9.3. The Grantee and the Grantor agree that neither this section (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the Grantor, acting through its Board of Public Works. 5. Front -End Document Certification. The Commission understands and agrees that any and all work performed on the Property for which the Project Grant Funds are used and the receipt of any Project Grant Funds under this Agreement is conditioned upon the Commission's full compliance with the terms and provisions contained in this Agreement, the Cooperative Agreement and the document titled "Front -End Document Certification." The Commission shall ensure that all contracts and subcontracts involving any portion of the Project Grant Funds comply with the "Front -End Document Certification" and the relevant laws and regulations referenced therein, including, but not limited to, the required contract provisions listed at 40 C.F.R. § 31.36(i). 6. Environmental Reports and Proiect Documents. 6.1. The Commission shall provide the City with a copy of the Phase I and Phase II Environmental Assessment of the Property performed according to the American Society for Testing and Materials (ASTM) standards (collectively, the "Assessment "). The Commission shall be responsible for the payment of all costs and expenses related to the Assessment. The Assessment shall include, but is not limited to site background, the threat posed by the contamination to public health, welfare and the environment and all past enforcement activities conducted by any governmental agency, and the site testing results. 6.2. The City shall designate an environmental project manager ( "Project Manager ") who shall review and approve of the proposed cleanup and coordinate the work to be performed using Project Grant Funds. The City's environmental project manager will review the Commission's remedial planning, design, and engineering documents and review the cleanup activities as they are on -going to ensure that the cleanup is being completed in accordance with all local, State, and Federal requirements and is protective of human health and the environment. 6.3. The Commission has caused to be prepared a Community Relations Plan ( "CRP ") with the assistance and cooperation of the City. The CRP includes the following: 6.3.1. Information on previous public involvement in the planning process for the former Studebaker plant and for the use of RLF funds. 6.3.2. Notice of the public comment period on the CRP was published in the South Bend Tribune on May 28 and June 4, 2010 with the public comment period ending at 5:00 p.m. on June 14, 2010. 6.3.3. Procedures for the establishment of a local repository at or near the Property that includes information provided by the Commission and the City related to the proposed Remediation Work. The Commission shall supply the City with any additional information that would assist the City in documenting the Remediation Work. 5