Current through Register Vol. 48, No. 38, September 20, 2024
a) The Agency shall conduct a project review
to ensure that all applicable loan conditions have been satisfied. After the
final loan disbursement has been made and the project is complete, the loan
recipient shall initiate the loan closing process by submitting the following
to the Agency:
1) A release discharging the
State of Illinois, its officers, agents, and employees from all liabilities,
obligations, and claims arising out of the project work or under the loan,
subject only to exceptions specified in the release.
2) A final waiver from the contractor and a
Certification of Payment that all bills have been paid.
3) The Certificate Regarding O & M, on
forms prescribed by the Agency that certifies the following:
A) Training pertaining to the proper
operation and maintenance of the equipment and process units included in the
project has been provided;
B) An
operation and maintenance reference library is available and includes, but is
not limited to, the following:
i)
Manufacturer's literature, shop drawings, and warranties;
ii) The plans of record with valve indices
for the equipment and process units included in the project. For mechanical
wastewater treatment plants, the valve index shall include a listing of valve
positions for each possible alternate flow configuration including by-passing
of individual treatment processes and units and recommended configurations for
emergency conditions that could reasonably be expected to occur; and
C) That the loan applicant employs
or contracts the services of a certified operator pursuant to 35 Ill. Adm. Code
380.
4) If the loan
project includes insurable structures that will be located within a designated
floodplain area as defined in the National Flood Insurance Act of 1968 ( 42 USC
4001-4127), written evidence that the loan recipient is participating in the
National Flood Insurance Program or that construction areas have received
official exclusion from the flood insurance requirements by the Federal
Emergency Management Agency.
A) The loan
recipient (or the construction contractor, as appropriate) shall acquire any
flood insurance made available to it under the National Flood Insurance Act of
1968, as amended, and maintain the insurance for the entire useful life of the
insurable structures.
B) The amount
of insurance required shall be the lesser of the total project cost, excluding
facilities that are uninsurable under the National Flood Insurance Program, or
the maximum limit of coverage made available to the loan recipient under the
National Flood Insurance Act of 1968.
C) The required insurance premium for the
period of construction under this subsection (a)(4) shall be for an eligible
project cost under Section
365.430 (Loan
Eligible Costs).
5) For
a project constructed to repair, replace or expand a treatment works that is
eligible for assistance under Section
365.130(a),
the public loan recipient shall certify in writing that the public loan
recipient has developed and implemented a fiscal sustainability plan that
includes the requirements in Section
365.350(a)(7).
6) Within 30 days after completion of project
construction, the loan recipient shall submit, in writing to the Agency, the
final change order, along with the contractor's final costs, and the plans of
record. After receipt, the Agency may schedule a final onsite inspection
provided that all necessary change orders have been submitted and
approved.
b) After the
loan recipient has submitted all the loan closing documents in subsection (a),
the Agency shall:
1) review and determine the
final total and eligible costs;
2)
establish a final amortization schedule; and
3) issue the loan recipient a final loan
amendment.
c) After
final loan closing, Agency personnel or any authorized Agency representative
shall have access to the project records, as defined in Section
365.470,
and to the project site during normal business hours, to the full extent of the
loan recipient's right to access.