9408-03 Authorizing the issuance of Bonds to evidence a loan from the Indiana Department of Environmental Management Brown-Fields Cleanup Revolving Loan Fund

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used exclusively for the completion of non-time critical removal activities as described in CERCLA § 101 (23) and described in 40 C.F.R. §300.415. G. The Borrower certifies that it is not now, and has not in the past, been subject to any penalties resulting from environmental non-compliance at the Brownfields Project site. Borrower further certifies that it will modify the Project Activities, as required by IDFA and/or IDEM, based on unforeseen site conditions or public involvement requirements. H. If required, the Borrower shall prepare an Engineering Evaluation/Cost Analysis (the "EE/CA"), or its equivalent, consistent with 40 C.F.R. §300.415 (b)(4)(I). I. In implementing the Remediation Plans, the Borrower shall consider and follow, when necessary and appropriate (i) the guidelines set forth by the USEPA in the BCRLF Administrative Manual (the "Manual"), dated 1998, including any subsequent updates to the Manual and all other federal guidance pursuant to the BCRLF Program, the foregoing incorporated herein by reference; and (ii) the USEPA publication titled "Guidance on Conducting Non-Time Critical Removal Actions Under CERCLA," (EPA/540-R-93-057, Publication No. 9360.0-32, PB93-963402 of August 1993). The Borrower shall immediately report in writing any potential or anticipated changes to the Remediation Plans pursuant to, but not limited to, the discovery of hazardous substances, pollutants or contaminants not identified in the Remediation Plans. The IDEM Site Manager and IDFA shall approve all changes or modifications to the Remediation Plans or related documents prior to such change or modification becoming effective. The Borrower shall be responsible for all additional costs incurred as the result of any changes or modifications. In the event that unforeseen conditions are discovered during the course of the Project Activities, IDEM and IDFA reserve the right to revise the Remediation Plans, including other Brownfields Project submittals as deemed necessary, all of which the Borrower must implement. All costs resulting from revisions to the Remediation Plans or associated submittals are the responsibility of the Borrower. K. The Borrower shall carry out the Project Activities in accordance with the Davis-Bacon Act of 1931 (CERCLA 104(g)(1), 40 U.S.C. §276a to 276a-5 and 42 U.S.C. / §3222 as set forth in U.S.C. §104 (g)). Compliance with the Davis-Bacon Act requires payment of federal prevailing wage rates for construction, repair or alteration work funded in whole or in part with Loan proceeds. The Borrower must obtain recent and applicable wage rates from the U.S. Department of Labor and incorporate them into any and all applicable contracts for Project Activities. L. The Borrower shall require that all contractors involved in Project Activities maintain and keep in fiill force and effect insurance of the types and amounts necessary to protect the security for the Borrower's indebtedness to IDFA, including without limitation, general liability insurance with a minimum of $1,000,000 coverage per accident or claim, property insurance and workman's compensation insurance (if applicable). Insurance coverage shall be primary in relation to any other insurance or self-insurance available to IDFA. ~ The IDFA and the State shall be named as Additional Insured on ~ This sentence to be reviewed with the City Attorney. -7-