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10963-23-Ordinance Authorizing the Acquisition and Construction of Certain Additions and Improvements to the Municipal Waterworks of the City of South Bend
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10963-23-Ordinance Authorizing the Acquisition and Construction of Certain Additions and Improvements to the Municipal Waterworks of the City of South Bend
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ARTICLE III <br /> REPRESENTATIONS,WARRANTIES AND COVENANTS <br /> OF THE PARTICIPANT <br /> Section 3.01. Planning, Design and Construction Covenants. The Participant hereby <br /> covenants and agrees with the Finance Authority that the Participant will: <br /> (a) Provide information as requested by the Finance Authority to determine the <br /> need for, or to complete any necessary, environmental review or analysis. <br /> (b) Comply with the procurement procedures and affirmative action requirements <br /> contained in SRF Policy Guidelines in the Planning,Design and Construction of the Project <br /> to the extent that such are to be paid from Loan proceeds. <br /> (c) With respect to prime and first tier contract awards,report minority and women <br /> business enterprise utilization in the Planning, Design and Construction of the Project, to <br /> the extent that such are to be paid from Loan proceeds,by executing and delivering Agency <br /> Form SF 5700-52 to the Finance Authority whenever any agreements or subagreements <br /> are awarded. (These reports must be submitted on regular reporting cycles consistent with <br /> SRF Policy Guidelines commencing after such agreement or subagreement is awarded.) <br /> (d) Comply with all applicable federal, State and local statutes, rules and <br /> regulations relating to the acquisition and construction of the Drinking Water System. <br /> (e) In the event Construction is to be paid from Loan proceeds, prior to an award <br /> of any contract for Construction of the Project, obtain a construction permit from the <br /> Department and receive the written approval of the Finance Authority of the Preliminary <br /> Engineering Report. <br /> (f) Obtain the property rights necessary to construct the Drinking Water System <br /> and, in procuring any such rights comply with federal and State law. <br /> (g) In the event Construction is to be paid from Loan proceeds, comply with the . <br /> federal Davis-Bacon Act, codified at 40 U.S.C. 276a-276a-5 unless separately waived by <br /> the Finance Authority. <br /> (h) In the event Construction is to be paid from Loan proceeds, execute and deliver <br /> to the Finance Authority Agency Form 4700-4 ("Pre-award Compliance Review Report <br /> for Wastewater Treatment Construction Grants") and such other forms as may be required <br /> by the Safe Drinking Water Act or SRF Policy Guidelines. <br /> (i) In the event Construction is to be paid from Loan proceeds, follow guidance <br /> issued by the Finance Authority in procuring contracts for Construction, including (1) <br /> submission to the Finance Authority of Project change orders, (2)obtaining approval from <br /> the Director of Environmental Programs of any Project change order which significantly <br /> changes the scope or Design of the Project or,when taking into account other change orders <br /> and contracts, are reasonably expected to result in expenditures in an amount greater than <br /> the Loan, (3)receiving approval from the Director of Environmental Programs prior to the <br /> award of any contract for Construction and (4) receiving authorization from the Director <br /> of Environmental Programs prior to initiating procurement of Construction of the Project. <br /> (j) In the event Construction is to be paid from Loan proceeds, before awarding <br /> Construction contracts, receive approval of the Director of Environmental Programs for <br /> the user charge system (including any use ordinance and interlocal agreement) associated <br /> with the Project. <br /> (k) In the event Construction is to be paid from Loan proceeds, cause the Project <br /> to be constructed in accordance with the Preliminary Engineering Report and the Plans and <br /> Specifications, using approved contract papers. <br /> B-9 <br />
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