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

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6.4. After the Commission prepared the CRP, the Commission drafted an Analysis of Brownfields Cleanup Alternatives ( "ABCA ") dated May 2010, which includes information about the Property and contamination issues (i.e., exposure pathways, identification of contaminant sources, etc.); cleanup standards; applicable laws; alternatives considered; and the proposed cleanup. The ABCA includes effectiveness, implementability, and the cost of the cleanup proposed. The ABCA was made available for review and public comment for a period of no less than 15 days from the first date of publication of the public notice. 6.5. Following the public comment period described above, in which no public comments were received, the Commission prepared a document describing the final analysis of brownfield cleanup alternatives (the "Decision Memo "). The Decision Memo included a statement that the Commission did not receive any public comments on the ABCA and selected the remedial approach proposed in the ABCA. The EPA approved the Decision Memo on June 17, 2010. 6.6. After the ABCA was finalized, the Commission prepared a scope of work containing detailed design and construction plans and specifications for the Remediation Work including a budget and work schedule; a health and safety plan (OSHA 1910 -120 —126) and a quality assurance project plan which sets forth the manner and method of collecting samples to assure the complete removal of all hazardous substances that are located at the Property and are to be removed as a part of the Remediation Work (collectively, such documents are referred to as the "Project Documents ") and has submitted same to the City for approval. 6.7. Prior to the initiation of the Remediation Work, including any cleanup activities, the Commission must provide to the City copies of all of the state required remedial planning documents and the state's approval of those documents, if required. 6.8. The awarding of this Grant shall be subject to: 6.8.1. Opinion of the Commission's counsel that the Commission is in good standing and that all documents executed by the Commission are valid and enforceable in accordance with their respective terms. 6.8.2. Approval of this Agreement by the Commission, agreeing to its terms and authorizing the Commission to accept the Project Grant Funds. 6.8.3. Evidence by the Commission that no outstanding taxes, fees, charges, mortgages, liens, encumberances or other assessments have been filed or are recorded against the Property. 6.8.4. Evidence of insurance coverage with limits of liability as determined by the City's Project Manager. All insurance coverage required by this section shall remain in full force and effect during the term of this Agreement. 6.8.5. Identification of the prime contractor and subcontractor(s) selected by the Commission for the Remediation Work. 71