American Iron and Steel. The Contractor acknowledges to and for the benefit of the City of Xxxxx (“Purchaser”) and the State of Oregon (the “State”) that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements commonly known as “American Iron and Steel” that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirements”) including iron and steel products provided by the Contractor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirements, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding any other provision of this agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or and damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (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 State.
Appears in 1 contract
American Iron and Steel. The Contractor acknowledges to and for the benefit of the City of Xxxxx Bend (“Purchaser”) and the State of Oregon (the “State”) that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements commonly known as “American Iron and Steel;” that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirements”) including iron and steel products provided by the Contractor Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirements, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the The Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding any other provision of this agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or and damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (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 State.
Appears in 1 contract
Samples: Public Improvement Contract
American Iron and Steel. A. The Contractor acknowledges to and for the benefit of the City of Xxxxx (“Purchaser”) NBU and the State of Oregon (the “State”) TWDB that it understands the goods and services under this Agreement are being funded with monies money made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements commonly known knowns as “American Iron and Steel” Steel that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel RequirementsRequirement”) including iron and steel products provided by the Contractor pursuant to this Agreement). The Contractor hereby represents and warrants to and for the benefit of the Purchaser NBU and the State TWDB that (a) the Contractor has reviewed and understands the American Iron and Steel RequirementsRequirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, ; unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser NBU or the StateTWDB. Notwithstanding any other provision of this agreementAgreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State NBU to enforce this Agreement and recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Purchaser or State NBU resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State TWDB or and any damages owed to the State TWDB by the PurchaserNBU). While the Contractor has no direct contractual privity with the StateTWDB, as a lender to the Purchaser NBU for the funding of its project, the Purchaser NBU and the Contractor agree that the State TWDB is a third-party beneficiary and neither this paragraph (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 StateTWDB.
Appears in 1 contract
Samples: Construction Contract
American Iron and Steel. The Contractor acknowledges to and for the benefit of the City of Xxxxx Bend (“Purchaser”) and the State of Oregon (the “State”) that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements commonly known as “American Iron and Steel” that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirements”) including iron and steel products provided by the Contractor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that that
(a) the Contractor has reviewed and understands the American Iron and Steel Requirements, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding any other provision of this agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or and damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (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 State.
Appears in 1 contract
Samples: Public Improvement Contract
American Iron and Steel. The Contractor acknowledges to and for the benefit of the City of Xxxxx (“Purchaser”) and the State of Oregon (the “State”) that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Program is subject to, and requires compliance with, the American Iron and Steel requirement. American Iron and Steel requires Water Pollution Control State Revolving Fund (WPCRF) and Drinking Water State Revolving Fund that have statutory requirements commonly known as “American Iron and Steel” that requires all of the (DWSRF) assistance recipients use iron and steel products used in the project to be that are produced in the United States (“American Iron and Steel Requirements”) including iron and steel products provided by for projects for the construction, alteration, maintenance, or repair of a public water system or treatment works if the project is funded through an assistance agreement executed on or after January 17, 2014. In providing bids, proposals, or services, the Contractor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser borrower and the State that (a) the that:
a. The Contractor has reviewed and understands the American Iron and Steel Requirements, (b) all requirement.
b. All of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the .
c. The Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser borrower or the State. Notwithstanding any other provision of this agreementAgreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser borrower or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Purchaser borrower or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or and any damages owed to the State by the Purchaserborrower). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser borrower for the funding of its project, the Purchaser borrower and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this the Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. For purposes of the WPCRF and DWSRF projects that must comply with the AIS requirement, an iron or steel product is one of the following made primarily of iron or steel that is permanently incorporated into the public water system or treatment works: • Lined or unlined pipes or fittings; • Manhole Covers; • Municipal Castings (defined in more detail below); • Hydrants; • Tanks; • Flanges; • Pipe clamps and restraints; • Valves; • Structural steel (defined in more detail below); • Reinforced precast concrete;and • Construction materials If the subrecipient can justify a claim made under one of the categories below, a waiver may be granted. Until a waiver is granted by the EPA, the AIS requirement must be adhered to as described in the act. A waiver may be provided if EPA determines that:
1. Applying these requirements would be inconsistent with the public interest.
2. Iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality.
3. Inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. All waiver requests must be routed through the Grants and Loans unit project manager or c ompliance specialist. EPA's guidance on AIS requirements, available at xxxx://xxxxx.xxx.xxx/grants_funding/aisrequirement.cfm, inc ludes specific instructions for communities interested in applying for a waiver. After receiving a completed application for a waiver from the grants and loans unit, EPA will publish the waiver request and all material submitted with the application on this website for 15 days. During that period, the public will have the opportunity to review the request and provide informal comment to the EPA. Approved National Waivers available for borrowers and contractors include: April 15, 2014 Plans and Specifications Waiver: “The EPA is hereby granting a nationwide waiver of the American Iron and Steel requirement pursuant to Section 436(b)(1) (public interest waiver), of the Consolidated Appropriations Act (CAA), 2014 for eligible projects that had engineering plans and specifications submitted to an appropriate state agency prior to and including January 17, 2014, the date of the enactment of the CAA, and approved between and including January 17, 2014, and the date of this waiver, where the state agency that approved such plans and specifications did so under the normal course of business for that agency. “If a project does not require approved engineering plans and specifications, the bid advertisement date will count in lieu of the plans and specifications approval date for purposes of this national waiver.” April 15, 2014 De Minimis Waiver: “The EPA is hereby granting a nationwide waiver pursuant to the American Iron and Steel requirements of P.L. 113-76 CAA 2014 (Act), section 436 under the authority of Section 436(b)(1) (public interest waiver) for de minimis incidental components of eligible water infrastructure projects. This action permits the use of products when they occur in de minimis incidental components of such projects funded by the Act that may otherwise be prohibited under section 436(a). Funds used for such de minimis incidental components cumulatively may comprise no more than a total of 5 percent of the total cost of the material used in and incorporated into a project; the cost of an individual item may not exceed 1 percent of the total cost of materials used in and incorporated into a project.” For more information on approved waivers visit the following website: xxxx://xxxxx.xxx.xxx/grants_funding/aisrequirement.cfm
Appears in 1 contract
Samples: State Revolving Fund Contract
