Section 365.430  Financial Assistance Application and Approval

a)         In order to issue a loan commitment letter, the Agency must have received the following documents:

1)         A completed Loan Application Form for financial assistance (Appendix B, Exhibit A), which will necessarily include the following certifications and authorizations with regard to the proposed project:

A)        Loan Program Certifications;

B)        Certification Regarding Debarment, Suspension and Other Responsibility Matters;

C)        Certification of Intent Regarding National Flood Insurance;

D)        Certification Regarding Project Site, Rights-of-Way, Easements and Permits; and

E)         Authorization of a Representative to Sign Loan Documents;

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

3)         A completed Financial Information Checklist (Appendix B, Exhibit B), which will necessarily address the following requirements:

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

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

C)        When applicable, 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;

D)        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;

E)         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; and

F)        A Tax Exemption Certificate and Agreement;

AGENCY NOTE:  Guidance for loan applicants on the satisfaction of financial requirements detailed in subsections (a)(3)(A) through (F) is provided in Appendix B, Exhibit B.

4)         Design documents, including plans and specifications, with a construction 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;

5)         A project completion schedule;

6)         When necessary, an executed inter-governmental agreement necessary for project implementation;

7)         An executed contract for design and construction related work in accordance with Section 365.630 (Contracts for Personal and Professional Services) of this Part if financing is being requested for these specific costs;

8)         An EPA Form 4700-4, Compliance Report; and

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

b)         In addition to the items identified in subsection (a), the Agency must have received a completed Bid Certifications Form (Appendix B, Exhibit C) and all other relevant attachments before it will issue the Loan Agreement.  Key elements of the bid package that are required by the Bid Certifications Form include the following items:

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

2)         The bid tabulations and selected bidder's proposal, along with a summary of any addenda issued by the loan applicant, if applicable;

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

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

5)         A summary of the evidence that the contractor and engineer have met the disadvantaged business enterprise requirements pursuant to 40 CFR 33; and

6)         Certification from the loan applicant that all other bid requirements have been satisfied, including bid bond requirements, certifications and other legal documents required by State and federal law.

AGENCY NOTE:  Guidance for loan applicants on the satisfaction of disadvantaged business enterprise requirements detailed in subsection (b)(5) can be found on the Agency's website at: http://www.epa.state.il.us/water/forms.html#financial-assistance.

(Source:  Amended at 34 Ill. Reg. 17582, effective November 8, 2010)