Before executing a financial assistance agreement for any
project under this subchapter, the department shall determine that all of the
applicable requirements of s.
NR 162.05 are met and that all of the following are
satisfied:
(1) All of the following
documentation, if applicable to the scored project, is submitted to the
department:
(a) Certification for force
account work as required by s.
NR 162.08 (5).
(b) Initial flow documentation, if the scored
project or a portion of the scored project is to construct a sewage collection
system in or extend an interceptor to an unsewered area.
(c) A certification or legal opinion
regarding land ownership and acquisition of easements and rights-of-way
necessary for the project. The certification or legal opinion must include all
the applicable information required under s.
NR 162.055.
(d) Items related to bids for each prime
contract, including all of the following:
1.
The proposal of the successful bidder.
2. An engineer's evaluation of the bids,
including bid tabulation and an award recommendation.
3. If an applicant awards a construction or
equipment contract to a contractor other than the lowest bidder, any of the
following:
a. Written documentation of the
reasons why the lowest bidder is considered nonresponsive or not
responsible.
b. A legal opinion
stating that the award to a contractor other than the lowest responsive,
responsible bidder meets the requirements of municipal bidding law.
4. Solicitation and utilization
information regarding DBEs.
5.
Evidence of bid advertisement, including a copy of the affidavit of publication
and a copy of the advertisement, which should include appropriate language
regarding DBEs submitting bid proposals, American-made product requirements,
and wage rates, when applicable.
6.
A copy of the bid bond and the performance bond.
7. Evidence of award of the construction
contract by the municipality, which may be a notice of award, a municipal
resolution, or minutes from the municipal meeting at which the determination of
award was made.
8. A complete copy
of the executed construction contract with up-to-date copies of all addenda,
attachments, appendices, appropriate Davis-Bacon or other wage rate
information, and all other applicable documentation that makes the contract
complete. If available, the contract submittal should be a copy of the
conformed contract.
9.
Documentation of the construction start date and expected substantial and final
completion dates.
Note: A notice of award and a notice to
proceed are preferred but not required for this documentation.
10. All negotiated pending change orders and
all executed change orders.
(e) A request for disbursement and required
supporting invoices, payoff statements for interim debt, and other applicable
documentation of expenditures, including a copy of the title or deed for land
purchased for the project if the applicant is requesting financial assistance
for land purchase costs, and complete copies of any contract change orders for
which costs are included in the request for disbursement, along with a copy of
the department construction management engineer's change order
approval.
(f) Evidence that a bond
counsel is drafting legal documents related to the authorization and issuance
of bonds for action at a municipal meeting prior to the scheduled loan
closing.
(g) Completed federal
forms, if applicable, and any other required documentation of compliance with
federal requirements, which may include certification of compliance with
Davis-Bacon wage rate requirements, certification of use of American-made
products in the project, and the cost, effectiveness, energy efficiency, and
water efficiency of the selected design.
(h) Parallel cost percentage
information.
(i) An executed
intermunicipal agreement or multiple executed agreements described under s.
NR 162.05 (4)
(h), if 2 or more municipalities utilize
shared or interconnected wastewater treatment works.
(j) Proof that applicable ordinances required
under s.
NR 162.07 have been adopted by the
municipality.
(k) A copy of the
adopted user charge system and proof that the municipality adopted the user
charge system.
(L) A copy of each
executed construction management or other professional services contract
associated with the project if funds are requested for services included in the
contract.
(m) A completed design
life calculation worksheet with any backup documentation required by the
department if, after the application submittal, the applicant requested a loan
term greater than 20 years. All of the following apply to applicants requesting
a loan term greater than 20 years:
1. The
applicant shall submit the design life calculation worksheet at least 9 weeks
prior to loan closing.
2. The
applicant shall pledge system revenues to secure the CWFP loan.
3. A loan term greater than 20 years is not
available for projects for which the applicant pledges general obligation bonds
to secure the loan.
Note: The design life calculation worksheet is
an excel spreadsheet that is available on the department's website at
https://dnr.wisconsin.gov/aid/documents/EIF/Forms/forms.html#cwform.
The department strongly encourages applicants to submit the design life
calculation worksheet with the rest of its application submittal in order to
allow enough review and response time for the worksheet contents. Later
submittal of the design life calculation worksheet may delay a loan
closing.
(2) The department has done all of the
following, if applicable to the scored project:
(a) Complied with the Wisconsin environmental
policy act requirements pursuant to the procedures in ch. NR 150.
(b) Reviewed and approved the plans and
specifications.
(c) Reviewed and
concurred with the parallel cost percentage provided by the
applicant.
(d) Reviewed and
concurred with the design life calculation for the scored project if the
applicant is requesting a loan term greater than 20 years.
(3) The scored project has met the priority
requirements of subch. V.
(4) The
applicant has the legal, institutional, managerial, technical, and financial
capability to ensure adequate construction, operations, and maintenance of the
wastewater treatment works throughout the applicant's jurisdiction.
(5) DOA finds that the municipality is likely
to be able to meet the terms and conditions for receiving financial assistance
under ch. Adm 35 and s.
281.59, Stats.
(6) The applicant has received or applied for
permits required by the department for the scored project, including those
under chs. 30 and 283, Stats.
