8739-14 Authorize asbestos removal and abatement at McKinley

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fully completed not later than the Completion Date. Subgrantee's Work shall be deemed "complete" upon receipt and approval by the USEPA of documentation from the appropriate agency of the State of Ohio, including, without limitation, the Ohio Environmental Protection Agency, the Bureau of Underground Storage Tank Regulations, or from the Grantor in the case of asbestos remediation, that Subgrantee's Work has met all Applicable Standards. If Grantor or any of Grantor's representatives or consultants, including without limitation, the USEPA or the OEPA, as applicable, disapprove any portion of Subgrantee's Work as not being in compliance with the Specifications or Remedial Action Plan, Subgrantee shall, within fifteen (15) days after such disapproval commence to correct the condition so disapproved, and thereafter will diligently complete such correction. Subgrantee agrees that Subgrantee's Work will be completed in a good and workmanlike manner strictly in accordance with applicable building, zoning and other laws and ordinances as well as the Applicable Standards. Subgrantee agrees that all materials contracted or purchased for completion of Subgrantee's Work and all labor hired or contracted for with respect to completion of Subgrantee's Work and paid for with Grant Proceeds will be used and employed solely on Eligible Costs. 5.1.1 Project Engineer. Subgrantee has engaged a Project Engineer to oversee Subgrantee's Work, to ensure compliance with the Remedial Action Plan, and the certify completion of the Project and compliance with all Applicable Standards and Environmental Laws. Subgrantee represents that the Project Engineer is qualifies as a Qualified Environmental Professional as defined in 40 C.F.R. 312.10. [Subgrantee has complied with federal procurement requirements in 40 C.F.R. Section 31.36, as applicable, and is therefore not required to limit payment of this consultant to the maximum daily rate for a Level IV of the federal Executive Schedule (formerly GS -18), which is currently $587.20 per day and $73.40 per hour.] OR [In accordance with 40 CFR 31.360) and 40 CFR 30.27(b), Subgrantee agrees to limit payment from Grant funds of this consultant to the maximum daily rate for a Level IV of the federal Executive Schedule, which is currently $587.20 per day and $73.40 per hour]. 5.1.2 Remediation Contractor. Subgrantee agrees to comply with federal procurement requirements in 40 C.F.R. Section 31.36 in engaging the Remediation Contractor and any other contractors engaged to perform services in connection with the Project. 5.2 Cooperation with Designated Representative. Subgrantee will cooperate with [Grantor's Designated Representative (as defined in Schedule 1) and the Ohio Environmental Protection Agency ( "OEPA ") or other such other Ohio agency with jurisdiction over the Project, as applicable, which oversight may include the responsibility to: (i) ensure that Subgrantee's Work meets the requirements of this Agreement and applicable federal, state, and local laws and provide documentation required under the Cooperative Agreement; (ii) perform site visit(s) during the progress and at the completion of Subgrantee's Work; (iii) review sampling results; (iv) review the health and safety plan described in the Specifications; (v) review final abatement reports generated by Project Engineer and/or the Subgrantee's contractor(s); (vi) verify conformance to the approved Remedial Action Plan, Specifications, Budget and Work Schedule (as applicable); (vii) coordinate with the USEPA and (ix) otherwise review and approve of the proposed cleanup and Subgrantee's Work to ensure that the cleanup is being completed in E