Before executing a financial assistance agreement for any
project under this chapter, the department shall determine that all of the
applicable requirements of s.
NR 166.08 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 as required by s.
NR 166.11 (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 166.09. Section
NR 166.09 (3) applies to this paragraph.
(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 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 newspaper 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 estimated 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 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.
(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) 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.
(g) A final list described under s.
NR 166.08 (4)
(i), if 2 or more municipalities utilize
shared or interconnected water systems and the project serves more than one of
the municipalities.
(h) 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.
(i) 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 SDWLP 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#sdwform.
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 if approval is required under ch. NR 108 or 811,
(c) 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 is entitled to
priority in accordance with ss.
NR 166.23 to 166.25.
(4) The applicant has the legal,
institutional, managerial, technical, and financial capability to ensure
adequate construction, operations, and maintenance of the water system
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)
If a public water system is regulated by the public service commission, the
applicant has filed the appropriate applications to increase water rates with
the public service commission, if necessary for the scored project, and the
public service commission has issued the corresponding order authorizing the
water rates and operating rules.
(8) If a public water system is not regulated
by the public service commission, the applicant has, to the satisfaction of the
department and DOA, developed and adopted water rates and operating
rules.
All forms necessary for financial assistance under this
chapter may be acquired at no charge from the Bureau of Community Financial
Assistance, Department of Natural Resources, 101 S. Webster St., P.O. Box 7921,
Madison, Wisconsin 53707-7921.
