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 162.24 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) 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 shall be in
accordance with s.
NR 162.055.
(c) 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 recommendation.
3. If an applicant awards a construction or
equipment contract to other than the lowest bidder, one 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, 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.
(d) A request for disbursement and required
supporting invoices, payoff statements, 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.
(e) 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.
(f) Parallel cost percentage
information.
(g) An executed
intermunicipal agreement or multiple executed agreements described under s.
NR 162.24 (3)
(g), if 2 or more municipalities utilize
shared or interconnected storm water treatment works or a BMP.
(h) Proof that applicable ordinances or other
regulatory mechanisms have been adopted by the municipality as required under
s.
NR 216.07 (3)
(a) to effectively prohibit non-storm water
discharges into the storm sewer system and implement appropriate enforcement
procedures and actions.
(i) A copy
of the adopted user charge system and proof that the municipality adopted the
user charge system.
(j) 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.
(k) Documentation of
compliance with federal requirements, when applicable, which may include
federal or state forms, 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.
(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
storm water treatment works or BMP 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.
(7)
The applicant agrees to do all of the following:
(a) Adopt local ordinances for construction
site erosion and sediment control and post-construction storm water management
as required under s.
NR 216.07 (4) and
(5).
(b) Adopt a municipal storm water management
plan for new development and redevelopment, consistent with performance
standards delineated in ch. NR 151 developed by the department under s.
281.33 (3),
Stats.
(c) Adopt a storm water
management zoning ordinance for new development and redevelopment, when
required by the department.
