Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter II - Financial Assistance Requirements › Section NR 162.06 - 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
					 162.05 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.