Section 369.430  Financial Assistance Application and Approval

a)         In order to receive a loan commitment letter for financial assistance under the ARRA, the following documentation shall be submitted by the loan applicant and approved by the Agency:

1)         Facilities plan that meets the requirements of Section 369.510 (Loan Applicant's Responsibilities During Facilities Planning) and 369.520 (State Environmental Review);

2)         Design documents, including plans and specifications, with a construction permit, if applicable;

3)         An enacted ordinance or other legally binding instrument authorizing the bonds, notes, security agreements or other evidence of indebtedness and an approved user charge system in accordance with Section 369.920 (User Charges) and documentation to support the loan applicant's ability to repay the loan in accordance with Section 369.930 (Financial Capability) and Section 369.940 (Dedicated Source of Revenue) of this Part;

4)         A loan application form (Appendix B);

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

6)         An executed contract for design and construction related work in accordance with Section 369.630 (Contracts for Personal and Professional Services) of this Part if financing is being requested for these specific costs.

b)         In addition to the items identified in subsection (a), the Agency must have received the following bid documentation prior to the issuance of the Loan Agreement:

1)         A certified copy of the published bid advertisement(s);

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

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

4)         A copy of the bid tabulations;

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

6)         A copy of the successful bid proposals;

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

8)         A certification from the loan applicant that all other bid requirements have been satisfied, including bid bond requirements and other certifications as required by State and federal law.