Section 365.430  Financial Assistance Application and Approval

a)         In order to issue a loan commitment letter that reserves loan funds to a loan applicant for a maximum period of 90 days, the Agency must have received the following documents:

1)         A completed loan application form for financial assistance providing, at a minimum, the following items:

A)        Legal name of applicant;

B)        Address;

C)        Authorized representative − name and title;

D)        Cost estimate;

E)         Amount requested for loan; and

F)         Verification and signature;

2)         An approved facilities plan in accordance with Section 365.520 (Loan Applicant's Responsibilities During Facilities Planning) of this Part;

3)         A Loan Program Certifications form that includes, at a minimum, the following:

A)        The loan applicant must agree to pay all project costs not covered by the loan;

B)        The loan applicant must certify that it has analyzed the costs and the financial impacts of the proposed project and that it has the legal, institutional, managerial and financial capability to insure adequate building, operation, maintenance and replacement of the treatment works project;

C)        The loan applicant must certify that no unlawful or corrupt practice has taken place in the planning or design of the proposed project;

D)        The loan applicant must certify that it has complied with all applicable State and federal statutory and regulatory requirements in regard to the proposed project;

E)         The loan applicant must certify that it is not barred from being awarded a contract or subcontract under the Illinois Procurement Code [30 ILCS 500]; and

F)         The loan applicant must provide its correct Federal Employer Identification Number and certify that it is doing business as a governmental entity;

4)         An executed inter-governmental agreement necessary for project implementation, where necessary;

5)         A "Certification Regarding Debarment, Suspension and Other Responsibility Matters" (EPA Form 5700-49) showing compliance with federal Executive Order 12549 (Appendix A, Exhibit C);

6)         A resolution, ordinance or legal document authorizing a representative of the loan applicant to sign loan application documents;

7)         A certification that the necessary project site, rights-of-way, easements and permits for construction of the project have been obtained and certification of compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601);

8)         A resolution of intent to comply with the National Flood Insurance Act of 1968 (42 USC 4001-4127) in accordance with Section 365.950 (Floodplain Insurance) of this Part;

9)         An approved sewer use ordinance and user charge system in accordance with Sections 365.910 (Sewer Use Ordinance) and 365.920 (User Charges) of this Part;

10)         Documentation to support the loan applicant's ability to repay the loan in accordance with Sections 365.930 (Financial Capability) and 365.940 (Dedicated Source of Revenue) of this Part;

11)         The construction drawings and specifications, suitable for bidding purposes;

12)         A construction permit application and permit or "authorization to construct" from the Agency, pursuant to the provisions of 35 Ill. Adm. Code 309.154 and 309.202, whichever is applicable;

13)         A project completion schedule;

14)         An executed contract for design and construction related work in accordance with Section 365.630 (Contracts for Personal and Professional Services) of this Part;

15)         An EPA Form 4700-4, Compliance Report;

16)         An enacted ordinance authorizing the bonds, notes or other evidence of indebtedness to be delivered to the Agency;

17)         Proof of publication of the ordinance and any notice required by State statute, where applicable;

18)         A legal opinion from the loan applicant's legal counsel with respect to the validity and enforceability of the loan applicant's obligations and the absence of conflicts with other agreements, bonds or ordinances;

19)         Tax Exemption Certificate and Agreement; and

20)         Any other executed legal agreements necessary for project implementation.

b)         In addition to the items identified in subsection (a), the Agency must have received the following items before it will issue the actual Loan Agreement:

1)         A certified copy of the published bid advertisement or advertisements;

2)         Any addenda issued by the loan applicant, if applicable;

3)         The bidder's bid bond or cashier's check for not less than 5% of the total bid;

4)         The low bidder's certificate of nonsegregated facilities showing compliance with 18 USC 1001;

5)         A summary of the evidence that the contractor and engineer have met MBE/WBE requirements of federal Executive Orders 11625 and 12138 (Appendix A, Exhibits A and B);

6)         The submittal of bid tabulations;

7)         An analysis of the bids and recommendations for the award of the bids;

8)         A copy of the successful bid proposals;

9)         The notice of the applicant's intent to award;

10)       A "Certification Regarding Debarment, Suspension and Other Responsibility Matters" (EPA Form 5700-49) showing compliance with federal Executive Order 12549 (Appendix A, Exhibit C) is required from the prime contractor and the engineer; and

11)       A Certification showing compliance with Section 33E-11 of the Illinois Criminal Code of 1961 [720 ILCS 5/33E-11].

(Source:  Amended at 30 Ill. Reg. 15590, effective September 18, 2006)