NR 166.07(1)(j)2.2. Legal fees of an attorney that is not an on-staff municipal attorney, including costs of legal reviews of architectural, engineering, or construction contracts, user charge systems and water system ordinances, management plans, intermunicipal agreements, and legal work necessary for securing eligible permits. NR 166.07(1)(j)3.3. Service fees paid to a state or federal agency, except administrative fees paid annually along with principal and interest payments on a SDWLP loan. NR 166.07(1)(k)(k) Galvanized pipe. Removal of galvanized pipe that was or is downstream of lead pipe, a lead gooseneck, or other appurtenances containing lead if the municipality has approval from the public service commission for a lead service line replacement program or is pledging general obligation bonds to the SDWLP. NR 166.07(1)(L)(L) Groundwater monitoring. Installing groundwater monitoring equipment or facilities. NR 166.07(1)(m)(m) Insurance. Purchasing insurance necessary during construction of the project, including property, liability, builder’s risk, and construction insurance. NR 166.07(1)(n)(n) Interim debt. Costs associated with interim debt for the scored project as delineated in sub. (3). NR 166.07(1)(o)(o) Laboratories. Laboratory equipment related to initial setup or a significant upgrade or expansion of an on-site laboratory if requested in the financial assistance application. NR 166.07(1)(p)(p) Land acquisition. Acquiring land, including purchase cost and administrative and legal expenses if all of the following apply: NR 166.07(1)(p)1.1. The land is integral to the project, including land needed to locate a treatment facility, transmission line, storage tank, pump station, or well. NR 166.07(1)(q)(q) Lead service lines. Costs for removal and replacement of private service lines that are made of lead or galvanized materials if the municipality has public service commission approval for a lead service line replacement program or is pledging general obligation bonds to the SDWLP. NR 166.07(1)(r)(r) Municipal staff, equipment, and materials. Municipal expenses incurred solely for the scored project and documented by the municipality as force account, including any of the following: NR 166.07(1)(r)1.1. Salary and benefits of municipal employees, except elected officials or on-staff attorneys, for time spent working directly on the scored project. NR 166.07(1)(r)2.2. Expendable material costs incurred by the municipality outside of a construction contract. NR 166.07(1)(r)3.3. Estimated costs incurred using equipment owned by the municipality. NR 166.07(1)(s)(s) Professional services. Service fees and costs of engineering, architectural, legal, and other professional services provided for the project that are not force account work, including any of the following: NR 166.07(1)(s)1.1. Conducting value engineering studies or analyses during the design phase. NR 166.07(1)(s)2.2. Conducting system evaluations and studies, including well site investigations. NR 166.07(1)(s)3.3. Developing, preparing, and submitting engineering reports and plans and specifications. NR 166.07(1)(s)5.5. Gathering documents and information for, completing, and submitting the SDWLP financial assistance application and other forms and information required for financial assistance. NR 166.07(1)(s)9.9. Analyzing bids, preparing award recommendations, and preparing contracts. NR 166.07(1)(s)11.11. Preparing for and facilitating public education and participation opportunities. NR 166.07(1)(s)12.12. Labor for services provided for the scored project, travel related to the project, and indirect costs charged as part of a contract by the service provider for their overhead, administrative, office equipment, and other similar costs not attributable specifically to the scored project. NR 166.07(1)(s)13.13. Preparing a user charge system, including associated attorney fees and completing and submitting application documents to the public service commission for a water rate increase and developing or updating water system related ordinances. NR 166.07(1)(s)15.15. Conducting archaeological surveys and gathering historical site information. NR 166.07(1)(s)16.16. Providing municipal advisor or bond counsel services related to loan closing or the issuance of bonds. NR 166.07(1)(s)19.19. Updating or upgrading water system maps of the areas impacted by the scored project. NR 166.07(1)(s)20.20. Providing administration of activities related to the federal Davis-Bacon and Related Acts or other wage rate requirements. NR 166.07(1)(s)21.21. Evaluating construction materials and equipment for compliance with applicable domestic preference requirements. NR 166.07(1)(s)22.22. Conducting research or energy audits for incorporation of energy and water efficiency and conservation into the planning and design of a project. NR 166.07(1)(t)(t) Project site. Construction-related work activities at the project site of a scored project, including any of the following: NR 166.07(1)(t)1.1. Landscaping areas impacted by construction of the scored project. NR 166.07(1)(t)2.2. Reconnecting water service lines due to the rehabilitation of a water system. NR 166.07(1)(t)3.3. Relocating storm water or wastewater sewer pipes if necessary for construction and replacing sewer pipes with the same size or required minimum size pipe if breakage from construction occurs. NR 166.07(1)(t)5.5. Preparing a site for construction, including surveying, staking, and grading. NR 166.07(1)(t)6.6. Restoring the construction site to original condition or, when necessary, upgrading the site to meet state and local requirements. NR 166.07(1)(t)7.7. Removing, relocating, or replacing utilities, providing temporary utilities, installing new utility equipment, or upgrading utilities, if necessary for construction of the scored project and the recipient is legally obligated to pay these costs. NR 166.07(1)(u)(u) Safety. Purchasing and installing safety equipment related to the scored project, the costs of which the department may prorate if the municipality intends to use the equipment for multiple purposes rather than solely for the water system. NR 166.07(1)(v)(v) Security. Purchasing and installing security equipment and appurtenances for the water system, including surveillance cameras, fencing, security alarms, and motion detectors, and conducting a vulnerability assessment if necessary for determining security needs, the costs of which the department may prorate if the municipality intends to use the equipment for multiple purposes rather than solely for the water system. NR 166.07(1)(w)(w) Sewers on site. Storm sewers and sanitary sewers necessary for controlling storm water runoff and wastewater on water system sites, such as at a wellhouse or water treatment plant site. NR 166.07(1)(x)(x) Special assessment fees. Financial and legal costs associated with the process of preparing and implementing special assessments, except when the tasks are performed by an on-staff attorney, when the municipality is pledging special assessments toward repayment of its SDWLP loan. NR 166.07(1)(y)(y) Staffing evaluations. Conducting an evaluation of staffing needs to determine appropriate changes to staffing levels as a result of the scored project. NR 166.07(1)(z)(z) Startup. Startup expenses for a water system incurred solely because of the scored project, including costs for any of the following: NR 166.07(1)(z)2.2. Initial training of operating personnel on new or modified equipment, laboratory procedures, computers, controls, records management, and treatment processes. NR 166.07(1)(z)3.3. Obtaining expert operational assistance for adjustments to the treatment process or other significant portions of the water system. NR 166.07(1)(z)5.5. Obtaining necessary computers, upgrades, and software, the costs of which the department may prorate if the municipality intends to use the equipment for multiple purposes rather than solely for the water system. NR 166.07(1)(z)6.6. Attending off-site formal training programs if necessary for the initial operation of the constructed water system. NR 166.07(1)(z)7.7. Purchasing the first fuel fill-up for new equipment, such as generators. NR 166.07(1)(zm)(zm) Street restoration. Restoring streets and rights-of-way to preconstruction condition, and repairing items damaged during construction of the scored project, such as pavement, sidewalks, sanitary sewers, and storm sewers. Eligibility of costs may be prorated based on participation by one or more other funding sources, or on the percent of the project attributable to SDWLP-eligible activities. NR 166.07 NoteNote: Other funding sources that tend to participate in the types of projects that involve street restoration include the department of transportation, the community development block grant program, and the U.S. department of agriculture rural development community programs. Proration of costs may be due to the other funding source covering a portion of costs that would otherwise be eligible for SDWLP funding or because some of the project costs are not eligible for SDWLP funding, such as wastewater or storm water pipe costs being ineligible when the overall project purpose is to replace both watermains and sanitary sewers.
NR 166.07(2)(2) Ineligible costs. Costs for items and activities not specific to or not necessary for the construction or startup of a scored project are not eligible for financial assistance unless specifically approved by the department as necessary and reasonable for the efficient operation or integrity of the overall water system. Ineligible items and activities include all of the following: NR 166.07(2)(a)(a) Allowances. Any contingency or allowance amounts built into a bid contract for nonspecific or ineligible items or activities. NR 166.07(2)(b)(b) Basin planning. Basin or areawide planning not related to the scored project. NR 166.07(2)(c)(c) Bonus payments. Bonus payments not legally required for completion of construction before a contractual completion date. NR 166.07(2)(d)(d) Certification. Fees for operator certification training. NR 166.07(2)(dm)(dm) Chapter 30 permit fees. Chapter 30 permit fees if a municipality at the time of purchase of a permit under ch. 30, Stats., pays a fee for the permit due to not identifying the project as being funded with state or federal funds. NR 166.07 NoteNote: Permit fees are not required by the department for waterway projects authorized under ch. 30, Stats., that are funded in whole or in part by any federal or state agency. NR 166.07(2)(e)(e) Conflict of interest. Costs incurred under a contract that creates a real or apparent conflict of interest. An apparent conflict of interest arises when an official or employee of a recipient participates in the selection, award, or administration of a contract supported by the SDWLP and any of the following conditions exist: NR 166.07(2)(e)1.1. The official or employee, the official’s or employee’s spouse, or the official’s or employee’s partner has an ownership interest in the firm selected for the contract. NR 166.07(2)(e)2.2. Any person identified in subd. 1. receives any contract, gratuity, or favor from the award of the contract. NR 166.07(2)(f)(f) DBE noncompliance. The amount of project costs determined by the department to be appropriate for a sanction under s. NR 166.11 (4) (b) for noncompliance with DBE good faith effort requirements. NR 166.07(2)(g)(g) Engineering. Engineering costs relatable to ineligible construction costs when the ineligible construction and equipment costs are more than 10 percent of total construction and equipment costs. NR 166.07(2)(h)(h) Grant administration. Any costs for administering or applying for funding from sources other than the SDWLP, such as U.S. department of agriculture’s rural development programs, a community development block grant program, federal state and tribal assistance grants, U.S. army corps of engineers, focus on energy, or other non-SDWLP federal or state government loan or grant programs, or other types of financial assistance programs. NR 166.07(2)(i)(i) Hookup charges. Hookup charges imposed by one municipality on another for hooking up to a water system, unless the charges are based on identifiable capital improvement costs incurred by the municipality imposing the charge, proportional to the capacity to be used by the municipality hooking up, and included in a written agreement signed by both municipalities. NR 166.07(2)(j)(j) Interim debt. Interest or principal payments on interim debt paid by the municipality out of its internal funds rather than capitalized funds, unless DOA notifies the department that such payments are eligible under the particular circumstances. NR 166.07 NoteNote: The ineligibility of interest or principal payments in par. (j) is based on U.S. treasury reimbursement regulations 26 CFR 1.150-2. NR 166.07(2)(k)(k) Lab fees. Laboratory fees incurred for activities related to monitoring, except when the monitoring is project specific. NR 166.07(2)(L)(L) Late fees. Interest or late fees on payments for services provided to the municipality in relation to the scored project. NR 166.07(2)(n)(n) Mismanagement and litigation. Costs of claims against the recipient resulting from mismanagement or caused by the recipient’s vicarious liability for the improper action of others and costs resulting from litigation of contract disputes, liquidated damages, appeals, and other related disputes. NR 166.07(2)(o)(o) Negligence. Costs incurred due to negligence or error of a party contracted by the municipality. NR 166.07(2)(p)(p) No construction. All costs of a project if the municipality does not finance some construction costs through the SDWLP, unless the department is cooperating with another governmental funding agency to provide an affordable financing package for the project, the other agency is financing the construction costs, and the department receives acceptable documentation of the other agency’s commitment. NR 166.07(2)(r)(r) Ordinary municipal operating expenses. Ordinary operating expenses of a municipality, such as salaries and expenses of elected officials and on-staff attorneys, postage, utility bills, and annual financial audits. NR 166.07(2)(s)(s) Other funding. Costs for which payment has been or will be received from another funding source, including costs for which funds from the U.S. department of agriculture’s rural development program or a community development block grant program are committed, or costs covered by a focus on energy grant. If the municipality does not receive the funds expected from the other source, the department may consider the costs of the work that was to be funded through the other source to be eligible for SDWLP financial assistance unless the costs are considered ineligible under another paragraph in this subsection. NR 166.07(2)(t)(t) Outside of scope. Costs outside the scope of the scored project unless the department approves the costs as necessary and reasonable to improve the overall integrity, operation, or functionality of the water system. NR 166.07(2)(u)(u) Personal injury. Personal injury compensation or damages arising out of the project, whether determined by adjudication, arbitration, negotiation, or otherwise.
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Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
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