Loan Offer And Acceptance

01. Loan Offer. Loan offers will be delivered to successful applicants by representatives of the Department. (7-1-26) 02. Acceptance of Loan Offer. Applicants have sixty (60) days in which to officially accept the loan offer on prescribed forms furnished by the Department. The sixty (60) day acceptance period commences from the date indicated on the loan offer notice. If the applicant does not accept the loan offer within the sixty (60) day period the loan funds may be offered to the next project of priority. (3-24-22) 03. Acceptance Executed as a Contract Agreement. Upon signature by the Director and upon signature by the authorized representative of the eligible applicant, the loan offer will become a contract. Upon accepting a loan offer, an eligible applicant becomes a loan recipient. The disbursement of funds pursuant to a loan contract is subject to a finding by the Director that the loan recipient has complied with all loan contract conditions and has prudently managed the project. The Director may, as a condition of disbursement, require that a loan recipient vigorously pursue any claims it has against third parties who will be paid in whole or in part, directly or indirectly, with loan funds. No third party may acquire any rights against the state or its employees from a loan contract. (7-1-26) 04. Estimate of Reasonable Cost. All loan contracts will include the eligible costs of the project. Some eligible costs may be estimated, and disbursements may be increased or decreased as provided in Section 060. (7-1-26) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.12 – Rules for Administration of Department of Environmental Quality Wastewater & Drinking Water Loan Funds Section 051 Page 17 05. Terms of Loan Offers. The loan offer will contain such terms as are prescribed by the Department including but not limited to: (7-1-26) a. Terms consistent with these rules, the project to be funded under the loan offer, and Title 39, Chapter 36, Idaho Code; (7-1-26) b. Special clauses as determined necessary by the Department for the successful investigation, design, construction and management of the project; (3-24-22) c. Terms consistent with applicable state and federal laws pertaining to planning documents, design, and construction, including the Public Works Contractors License Act and the Public Contracts Bond Act, Chapter 19, Title 54, Idaho Code, and the federal Clean Water Act and Safe Drinking Water Act requirements for projects funded with loan moneys of federal origin; (3-24-22) d. Requirement for the prime engineering firm(s) and their principals retained for engineering services to carry professional liability insurance to protect the public from the engineer’s negligent acts and errors and omissions of a professional nature. The total aggregate of the engineer’s professional liability insurance must be one hundred thousand dollars ($100,000) or twice the amount of the engineer’s fee, whichever is greater. Professional liability insurance must cover all such services rendered for all project phases, whether or not such services or phases are state funded, until the certification of project performance is accepted by the Department. The required professional liability insurance amount may be reduced if a written request is submitted for the Department’s review and approval demonstrating that the reduced coverage will adequately protect public funds and the project from financial risk associated with engineering errors or omissions. The request must include: (7-1-26) i. A justification for reduced coverage; and (7-1-26) ii. An alternative insurance or coverage mechanisms, if applicable, demonstrating other financial protections that provide an equivalent or greater level of coverage; (7-1-26) e. The project must be bid, contracted, and constructed according to acceptable public works construction standards approved by the Department, which may include the current edition of Idaho Standards for Public Works Construction and the Handbook referenced in Section 004 or other acceptable public works construction standards; (7-1-26) f. The loan interest rate for loans made during the state fiscal year beginning July 1 will be established by the Director. The interest rate will be a fixed rate in effect for the life of the loan. The rate may equal but not exceed the current market rate; (7-1-26) g. The loan fee pursuant to Section 032; (3-24-22) h. All loans must be fully amortized within a period not to exceed thirty (30) years after project completion. The loan contract will be appended with a schedule of loan repayments stating the due dates and the amount due upon project completion. The loan recipient may elect for either a schedule of semi-annual or annual repayments at the time the loan is finalized; and (3-24-22) i. Repayment default will occur when a scheduled loan repayment is thirty (30) days past due. If default occurs, the Department may invoke all available remedies included but not limited to appropriate loan contract provisions and/or bond covenants. (7-1-26)