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NR 162.04(1)(a)23. 23. `Professional services.' Engineering, architectural, legal, and other professional services and fees, including any of the following:
NR 162.04(1)(a)23.a. a. Conducting value engineering studies or analyses during the design phase.
NR 162.04(1)(a)23.b. b. Conducting system evaluations and studies.
NR 162.04(1)(a)23.c. c. Developing facilities plans and engineering reports.
NR 162.04(1)(a)23.d. d. Developing, preparing, and submitting plans and specifications.
NR 162.04(1)(a)23.e. e. Preparing, printing, and distributing bidding documents.
NR 162.04(1)(a)23.f. f. Gathering documents and information for, completing, and submitting CWFP financial assistance applications or interest rate subsidy applications and other forms required for financial assistance.
NR 162.04(1)(a)23.g. g. Developing or revising an operations and maintenance manual.
NR 162.04(1)(a)23.h. h. Preparing a plan of operation for the project.
NR 162.04(1)(a)23.i. i. Advertising for and conducting bid lettings.
NR 162.04(1)(a)23.j. j. Analyzing bids, preparing award recommendations, and preparing contracts.
NR 162.04(1)(a)23.k. k. Providing construction management, observation, and inspection.
NR 162.04(1)(a)23.L. L. Preparing for and facilitating public education and participation opportunities.
NR 162.04(1)(a)23.m. m. Travel, indirect costs, and labor for services provided for the scored project.
NR 162.04(1)(a)23.n. n. Developing or updating a user charge system or a sewer use ordinance for wastewater treatment and the sewerage system in the municipality.
NR 162.04(1)(a)23.o. o. Preparing environmental assessment reports and evaluations.
NR 162.04(1)(a)23.p. p. Conducting archaeological surveys and gathering historical site information.
NR 162.04(1)(a)23.q. q. Providing municipal advisor or bond counsel services related to loan closing or the issuance of bonds.
NR 162.04(1)(a)23.r. r. Preparing a water conservation plan.
NR 162.04(1)(a)23.s. s. Producing record drawings.
NR 162.04(1)(a)23.t. t. Updating or upgrading treatment works maps of the areas impacted by the scored project.
NR 162.04(1)(a)23.u. u. Monitoring required use of American-made products.
NR 162.04(1)(a)23.v. v. Providing administration of activities related to the federal Davis-Bacon and Related Acts or other wage requirements.
NR 162.04 Note Note: Links to the Davis-Bacon and Related Acts can be found on the U.S. department of labor's website at https://www.dol.gov/agencies/whd/government-contracts/construction/laws. The Davis-Bacon Act is found in 40 USC 3141 et seq. with procedures and rules in 29 CFR Parts 1 to 7.
NR 162.04(1)(a)23.w. w. Conducting research or energy audits for incorporation of energy and water efficiency and conservation into the planning and design of a project.
NR 162.04 Note Note: When 10 percent or more of the project's construction and equipment costs are deemed ineligible for CWFP financial assistance, the costs associated with engineering for those ineligible construction and equipment costs are also ineligible under sub. (2) (h).
NR 162.04(1)(a)24. 24. `Project site.' Construction-related work activities at the project site of a scored project, including any of the following:
NR 162.04(1)(a)24.a. a. Landscaping areas impacted by construction of the scored project.
NR 162.04(1)(a)24.b. b. Reconnecting laterals due to the rehabilitation of a publicly-owned treatment works.
NR 162.04(1)(a)24.c. c. Relocating watermains or storm sewers if necessary for construction, and replacing pipes with the same size or required minimum size pipe if breakage from construction occurs.
NR 162.04(1)(a)24.d. d. Erecting project and treatment works identification signs.
NR 162.04(1)(a)24.e. e. Preparing a site for construction, including surveying, staking, and grading.
NR 162.04(1)(a)24.f. f. Restoring the construction site to original condition or, when necessary, upgrading the site to meet state and local requirements.
NR 162.04(1)(a)24.g. g. 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. This subd. 24. g. does not apply to storm water pipes.
NR 162.04(1)(a)25. 25. `Safety.' Purchasing and installing safety equipment related to the scored project.
NR 162.04(1)(a)26. 26. `Sanitary sewers.' Evaluation, new installation, replacement, and lining and other rehabilitation of sanitary sewer pipes.
NR 162.04(1)(a)27. 27. `Security.' Purchasing and installing security equipment and appurtenances for the treatment works, including surveillance cameras, fencing, security alarms, and motion detectors, and conducting a vulnerability assessment if necessary for determining security needs.
NR 162.04(1)(a)28. 28. `Septage facilities.' Facilities for receiving, storing, or treating septage.
NR 162.04(1)(a)29. 29. `Sludge removal.' Removing sludge when necessary as part of a scored project, including treatment plant upgrades, lagoon abandonment, conversion of a lagoon into an equalization basin, or other capital improvements.
NR 162.04(1)(a)30. 30. `Special assessment fees.' Financial and legal costs associated with the process of preparing and implementing special assessments when the municipality is pledging special assessments toward repayment of its CWFP loan.
NR 162.04(1)(a)31. 31. `Staffing evaluations.' Conducting an evaluation of staffing needs to determine appropriate changes to staffing levels as a result of the scored project.
NR 162.04(1)(a)32. 32. `Startup.' Startup expenses for a treatment works incurred solely because of the scored project, including costs for any of the following:
NR 162.04(1)(a)32.a. a. Preparing a startup curriculum and training materials.
NR 162.04(1)(a)32.b. b. Initial training of operating personnel on new or modified equipment, laboratory procedures, computers, controls, records management, and treatment processes.
NR 162.04(1)(a)32.c. c. Obtaining expert operational assistance for adjustments to the treatment process.
NR 162.04(1)(a)32.d. d. Implementing a maintenance management system.
NR 162.04(1)(a)32.e. e. Trucking seed sludge for startup of the activated sludge process.
NR 162.04(1)(a)32.f. f. Attending off-site formal training programs if necessary for the initial operation of the constructed treatment works.
NR 162.04(1)(a)32.g. g. Purchasing the first fuel fill-up for new equipment, such as generators.
NR 162.04(1)(a)32.h. h. Obtaining necessary computers, upgrades, and software.
NR 162.04(1)(a)33. 33. `Storm sewers.'
NR 162.04(1)(a)33.a.a. Replacing storm sewers of the same size or required minimum size if breakage occurs due to construction of a scored project and the existing storm sewers are in direct conflict with the installation of new sanitary sewer pipes in a new location.
NR 162.04(1)(a)33.b. b. Installing new or replacing existing storm sewers or BMPs for controlling on-site runoff at treatment facilities, lift stations, septage receiving facilities and other treatment works facilities and properties.
NR 162.04 Note Note: Storm water control sewers or BMPs described in subd. 33. are considered wastewater treatment projects as they are designed for purposes of controlling storm water around wastewater treatment works facilities, and projects for these sewers or BMPs would be funded under subch. II rather than under subch. III for storm water projects.
NR 162.04(1)(a)34. 34. `Street restoration.' Restoring streets and rights-of-way, and repairing items damaged during construction of the scored project, such as pavement, sidewalks, water mains, 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 CWFP-eligible activities.
NR 162.04 Note Note: 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 can be due to the other funding source covering a portion of costs that would otherwise be eligible for CWFP funding or because some of the project costs are not eligible, such as watermain costs being ineligible when the project purpose is to replace both watermains and sanitary sewers.
NR 162.04(1)(a)35. 35. `Watermains.' Relocating watermains if necessary for construction, and, if breakage due to construction of a scored project occurs, replacing watermains of the same size or required minimum size.
NR 162.04(1)(b) (b) Eligible at market rate. Costs eligible for market interest rate financing of a scored project include any of the following:
NR 162.04(1)(b)1. 1. The cost of reserve capacity for sewage collection system, interceptor, or individual system projects in unsewered municipalities necessary to serve projected flows beyond the initial flows expected at the project completion date.
NR 162.04(1)(b)2. 2. The cost of reserve capacity for wastewater projects necessary to treat projected flows beyond 10 years from the project completion date.
NR 162.04(1)(b)3. 3. The cost of capacity for present and future flows from industrial wastewater users or from industrial areas regulated under ch. NR 216.
NR 162.04(1)(b)4. 4. The cost for the flow from state and federal facilities if the flow from these facilities exceeds 5 percent of the total flow to the treatment works.
NR 162.04(1)(b)5. 5. The cost of any portion of a project to correct violations of effluent limitations contained in a permit issued under ch. 283, Stats.
NR 162.04(1)(b)6. 6. Costs for providing sewers in a previously unsewered area in accordance with s. 281.58 (8) (c), Stats.
NR 162.04 Note Note: A scored project in an unsewered area is eligible for below-market-rate financing if the department finds that at least two-thirds of the initial flow will be wastewater originating from residences in existence at least 20 years prior to submittal of the financial assistance application. If an unsewered project does not meet the two-thirds rule, s. 281.58 (8) (c), Stats., allows the CWFP to fund the project at market rate only.
NR 162.04(1)(b)7. 7. The amount of project costs determined appropriate for a sanction under s. NR 162.08 (4) (b) for noncompliance with DBE good faith effort requirements established in s. NR 162.08 (4) (a).
NR 162.04(1)(c) (c) Market rate cost calculation.
NR 162.04(1)(c)1.1. The amount of the costs described in par. (b) 1. to 4. is determined using a parallel cost percentage that is calculated as follows:
NR 162.04(1)(c)1.a. a. Determine the total design capacity based on total flows and loadings.
NR 162.04(1)(c)1.b. b. Calculate a reduced capacity condition by subtracting the flows and loadings associated with par. (b) 1. to 4. from the total design capacity.
NR 162.04(1)(c)1.c. c. Estimate the eligible project costs associated with each of the conditions in subd. 1. a. and b.
NR 162.04(1)(c)1.d. d. Divide the cost of the reduced capacity condition by the costs of the total design capacity.
PC = RC/DC
Where:
PC . . . is the parallel cost percentage expressed as a decimal.
RC . . . is the cost associated with the reduced capacity condition.
DC . . . is the cost associated with the total design capacity.
NR 162.04(1)(c)2. 2. The amount of market rate project costs in par. (b) 1. to 4. is calculated as follows:
EM = (TP)(1–PC)
Where:
EM . . . is the amount of project costs eligible for market rate financing only.
TP . . . is the total project cost eligible for CWFP financing.
PC . . . is the parallel cost percentage expressed as a decimal.
NR 162.04(1)(c)3. 3. If the department determines that the project includes other market rate costs as described in par. (b) 5. and 6., the amount of those costs shall be subtracted from the amount eligible for below–market rate financing and added to the amount of market rate costs calculated in subd. 2.
NR 162.04 Note Note: All questions relating to cost eligibility or allocation shall be resolved prior to the execution of the financial assistance agreement in accordance with s. NR 162.15.
NR 162.04(2) (2)Ineligible costs. Costs for items and activities not directly associated with 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 treatment works or BMP. Ineligible items and activities include all of the following:
NR 162.04(2)(a) (a) Allowances. Any allowance or contingency amounts built into a bid contract for nonspecific or ineligible items or activities.
NR 162.04(2)(b) (b) Basin planning. Basin or areawide planning not related to the scored project.
NR 162.04(2)(c) (c) BCPL ineligibles. For a project receiving interest rate subsidy under subch. IV, project costs determined to be ineligible for loan assistance from the BCPL.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.