Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter III - Storm Water Projects › Section NR 162.25 - Financial assistance requirements

Current through June 24, 2024
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.