Section NR 162.25 - Financial assistance requirements 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.Wis. Admin. Code Department of Natural Resources NR 162.25
Adopted by, CR 14-043: cr. Register June 2015 No. 714, eff.7/1/2015.Adopted by, CR 22-045: cr. Register October 2023 No. 814, eff. 11/1/2023