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(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 (or if submitted to the Department prior to May 15, <br />2005, then the Department in its role as predecessor to the Finance Authority in certain <br />matters related to the Wastewater SRF Program) of Project change orders, (2) obtaining <br />approval from the Director of Environmental Programs of any Project change order <br />which significantly changes the scope or Design of the Project or, when taking into <br />account other change orders and contracts, are reasonably expected to result in <br />expenditures in an amount greater than the Loan, (3) receiving approval from the Director <br />of Environmental Programs prior to the award of any contract for Construction and (4) <br />receiving authorization from the Director of Environmental Programs prior to initiating <br />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 Plans and <br />Specifications, using approved contract papers. <br />(1) Permit the Finance Authority and its agents to inspect from time to time (1) <br />the Project, (2) the Treatment Works and (3) the books and other financial records of the <br />Treatment Works, including the inspections described in SRF Policy Guidelines. <br />Construction contracts shall provide that the Finance Authority or its agents will have <br />access to the Project and the work related thereto and that the Participant's contractor will <br />provide proper facilities for such access and inspection. All files and records pertaining <br />to the Project shall be retained by the Participant for at least six years after Substantial <br />Completion of Construction. <br />(m) Upon Substantial Completion of Construction and when requested by the <br />Finance Authority, provide audited reports to the Finance Authority to permit the Finance <br />Authority to determine that the Loan proceeds have been used in compliance with this <br />Agreement. <br />(n) In the event Construction is to be paid from Loan proceeds, within one year <br />of Substantial Completion of Construction, consistent with SRF Policy Guidelines, <br />certify to the Finance Authority that the Project meets performance standards, or if not <br />met, (1) submit to the Finance Authority (or if directed by the Finance Authority, to the <br />Department) a corrective action plan and (2) promptly and diligently undertake any <br />corrective action necessary to bring the Project into compliance with such standards. <br />B-15 <br />BDDBOI 5738468v1 <br />