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6B(1)
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08-06-10 Packet
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6B(1)
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4.5. The Davis-Bacon Act o~1931 (CERCLA Section ] 04(g)(1), 40 U.S.C. Section <br />276a-276a-5 and 42 U.S.C. Section 3222). CERCLA compliance with Davis-Bacon <br />requires payment of Federal prevailing wage rates for construction, repair or alteration <br />work funded in whole or in part with Project Grant Funds. The Commission must obtain <br />recent and applicable wage rates from the U.S. Department of Labor and incorporate <br />them into the remediation construction contract. <br />4.6. Executive Orde~~ 13202 - "Preservation of Open Competition and Government <br />Neutrality toward Government Contractors' Labor Relations on Federal and Federally- <br />funded Construction Projects." <br />4.7. Office ofMan~ement and Budget (OMB) Circula~~ No. A-122, "Cost Principles <br />for Non-Profit Organizations." <br />4.8. Executive Order°s 12549 and 12689 - "Debarment and Suspension." The <br />Commission shall ensure that no contract is made with a party or parties listed on the <br />General Services Administration's List of Parties Excluded from Federal Procurement or <br />Nonprocurement Programs. <br />5. Front-End Document Certification. The Commission understands and agrees that any <br />and all work performed on the Property for which the Project Grant Funds are used and the <br />receipt of any Project Grant Funds under this Agreement is conditioned upon the Commission's <br />full compliance with the terms and provisions contained in this Agreement, the Cooperative <br />Agreement and the document titled "Front-End Document Certification." The Commission shall <br />ensure that all contracts and subcontracts involving any portion of the Project Grant Funds <br />comply with the "Front-End Document Certification" and the relevant laws and regulations <br />referenced therein, including, but not limited to, the required contract provisions listed at 40 <br />C.F.R. § 31.36(1). <br />6. Environmental Reports and Project Documents. <br />6.1. The Commission shall provide the City with a copy of the Phase I and Phase II <br />Environmental Assessment of the Property performed according to the American Society for <br />Testing and Materials (ASTM) standards (collectively. the "Assessment''). The Commission <br />shall be responsible for the payment of all costs and expenses related to the Assessment. The <br />Assessment shall include, but is not limited to site background, the threat posed by the <br />contamination to public health, welfare and the environment and all past enforcement activities <br />conducted by any governmental agency, and the site testing results. <br />6.2. The City shall designate an environmental project manager ("Project Manager") <br />who shall review and approve of the proposed cleanup and coordinate the work to be performed <br />using Project Grant Funds. The City's environmental project manager will review the <br />Commission's remedial planning. design, and engineering documents and review the cleanup <br />activities as they are on-going to ensure that the cleanup is being completed in accordance with <br />all local, State, and Federal requirements and is protective of human health and the environment. <br />6.3. The Commission has caused to be prepared a Community Relations Plan ("CRP'') <br />with the assistance and cooperation of the City. The CRP includes the following: <br />4 <br />
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