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HomeMy WebLinkAbout2026_LSLR_Program_Application_Packet I:\Engineering\Lead Service Lateral Replacement\2026 Program\New documents\2026 Lead Water Line Program Notice_1-26-26.docx Page 1 of 4 Lead Service Line Replacement Information for 2026 The purpose of this document is to remind property owners of the potential existence of a lead water service line at your property, the requirements to replace lead water service lines, and a possible City program available to help finance the replacement. Lead water service lines and home plumbing are potential sources of lead in drinking water. Galvanized steel and brass piping that was ever downstream of lead piping is also a significant source of lead and are considered a lead service line. Studies have shown that replacing only a portion of a lead service line can increase the risk of lead exposure from drinking water to the occupants. As a result, the City has implemented policies and procedures to reduce the risk of lead exposure to its residents. The Municipal Code of the City of Oshkosh, Section 20-13, requires full Lead Service Line Replacement (LSLR), replacement of both the public- and privately-owned lead service lines, within six (6) months of work on a lead water service line. The LSLR Policy (Policy), available on www.oshkoshwater.com, describes how the requirements of the Municipal Code are implemented. Exposure to lead in drinking water can cause serious health effects in all age groups. Infants and children can display a decrease in IQ and attention spans. Lead exposure can lead to new learning and behavioral problems or exacerbate existing learning and behavioral problems. The children of women who are exposed to lead before or during pregnancy can have an increased risk of these adverse health effects. Adults are also at increased risk for heart disease, high blood pressure, kidney or nervous system problems. The City owns and is responsible for maintaining the water service line up to the curb stop (the first valve) off the water main. For residential properties, the curb stop is typically located in the terrace or in the sidewalk adjacent to the street. The water service line from inside your building out to the curb stop is owned and maintained by the property owner. I:\Engineering\Lead Service Lateral Replacement\2026 Program\New documents\2026 Lead Water Line Program Notice_1-26-26.docx Page 2 of 4 The City has an online database of public and private-side water service materials. Please use the QR code (to the right) or visit https://tinyurl.com/yb7p8fkz to verify if the pipe materials serving your property are lead through the City’s database, or call (920) 232-5336. If this database shows that the material of your water service line is “unknown”, an inspection of your water service line needs to be performed. Please click the “Lead Inspection Service” link in the database or call (920) 232-5336 and schedule a free appointment. The City’s Water Distribution Division will perform this service at no cost to you. City staff will also complete the required cross-connection survey to ensure no hazardous connections to the drinking water system exist. Again, there is no fee for this service. The City will be providing a pitcher and two (2) filter cartridges, certified for lead removal by NSF International, to each living unit on a parcel with a lead service line where a disturbance will or has occurred. The pitcher and filter should be used immediately and for six (6) months after replacement of lead pipes for any water used for cooking or consumption. Additional filters are available from the City of Oshkosh Water Utility, if needed. Consumers may experience a temporary increase in lead levels in their drinking water due to disturbances. To reduce exposure risk, customers should flush the water service and interior plumbing lines and clean the aerators on any faucets after any plumbing work. Running water, until it gets as cold as it will get, typically 1-2 minutes after a period of several hours of stagnation, will also reduce lead exposure. Boiling water does not reduce lead levels. Between three (3) and six (6) months after completion of a lead service line replacement, consumers may request that the City collect a water sample to test for lead. The City will provide the results to the requesting consumer. The City cannot perform this test in-house. Consumers will be charged for the cost of the test and shipping. Current costs are $55 for the test. The costs are subject to change. The City has applied for and received financial assistance from the Wisconsin Department of Natural Resources (WDNR) to help reduce the cost to private property owners for work in 2026. The funding from the WDNR is from the United States Environmental Protection Agency through the Bipartisan Infrastructure Law (BIL). The City will directly pay the invoiced cost of the work to the prequalified contractor up to a maximum of $5,400 for lead service line replacement and an additional $1,300 for hard surface restoration. Any balance over these amounts is the responsibility of the property owner. Fifty percent (50%) of the invoiced cost (up to the maximum of $3,350) will be repaid to the City by the property owner through a low-interest loan. For eligible properties located in Census Tracts 4, 7 or 12 no repayment is required. Eligible properties in these Census Tracts will be notified directly by a separate letter. For low-income property owners, additional assistance may be available through a Community Development Block Grant. There is a very limited amount of funding available through this Block Grant. For additional assistance, please contact Maria Fletcher at (920) 236-5258 to verify eligibility. The City has published a Request for Qualifications for plumbers/utility contractors interested in becoming prequalified to perform private-side LSLR. The list of prequalified plumbers/utility I:\Engineering\Lead Service Lateral Replacement\2026 Program\New documents\2026 Lead Water Line Program Notice_1-26-26.docx Page 3 of 4 contractors is available on the Water Utility page of the City’s website (www.oshkoshwater.com). To get to the list, click on “Lead Service Line Information/Replacement Program”. The list of prequalified plumber/utility contractors is near the bottom of the page. Property owners are encouraged to obtain at least two (2) quotations from the plumbers/utility contractors on that list and contract directly with one (1) of the plumbers/utility contractors on that list to have the private- side lead water service lateral replacement completed. Financial assistance for the LSLR program has very specific requirements. To be eligible for reimbursement, the work on the private-side LSLR will need to be carefully coordinated with the City. Following are the instructions on how to apply for financial assistance and the program requirements:  Properties must be approved by the City before the start of work to ensure eligibility for the financial assistance due to the Federal funding requirements of the program. Complete the 2026 Financial Assistance Application for Private-Side Lead Service Line Replacement, the Release of Liability, and the Consent to Special Charge and return to the City. The City will send an approval letter with any WDNR-prescribed conditions to the property owner, along with the maximum amount of financial assistance available to the property owner and a draft of the loan document, if necessary.  Complete the Water Service Line Inspection. The inspection must be done by a licensed plumber or the City’s Water Distribution Division. The City’s Water Distribution Division will complete the survey for no charge. Schedule an appointment at www.oshkoshwater.com or call (920) 232-5336.  Property owners are encouraged to obtain at least two (2) estimates for the private-side LSLR from the City’s list of prequalified plumbers/utility contractors. Provide your chosen prequalified contractor a copy of the City’s approval letter and WDNR-prescribed conditions.  The entire water service must be lead-free within one hundred and eighty (180) days of one side becoming lead-free. Failure to meet this scheduling requirement will result in the City not paying the contractor, and no financial assistance will be available. This does not apply to properties with partial replacement completed before August 8, 2024.  Property owner will sign an agreement with a City-prequalified plumber/utility contractor to perform the private-side LSLR.  The work must comply with Build America, Buy America (BABA) requirements.  Upon completion of the work, the 2026 Contractor Payment Application for Private-Side Lead Water Service Line Replacement must be filled out and signed by both the property owner and the prequalified contractor who completed the work. This form must be submitted to the City with a copy of an itemized invoice and BABA compliance and wage rate documentation.  All Building Permits (typically electrical and plumbing) must pass final inspection.  Also at this time, a meeting with Maria Fletcher must be set up by the property owner to complete, sign, and have notarized the loan documents (Promissory Note, Covenant, and Mortgage). This loan will be for the balance of the remaining fifty percent (50%) of the invoiced cost (up to the maximum of $3,350) and a $60 fee (for recording the loan with the Winnebago Register of Deeds). The interest charged on this loan is two percent (2%) for a term of ten (10) years. There is no penalty for early payment. I:\Engineering\Lead Service Lateral Replacement\2026 Program\New documents\2026 Lead Water Line Program Notice_1-26-26.docx Page 4 of 4  In the event the property owner wishes to pay their portion of the costs at closing, the property owner must sign a Promissory Note and Covenant.  All of the forms listed above can be found at www.oshkoshwater.com.  Upon final inspection and approval by the City of Oshkosh Plumbing Inspector, the City will send the prequalified contractor a check for the full amount of the invoice for the private-side LSLR, up to the maximum of $6,700. Funding for private-side LSLR is being provided by the Federal Government. Therefore, in most cases, the Federal Davis-Bacon wage rate requirements will apply to the plumbing/utility contracting firm performing this work. The City will assist in determining whether or not the Davis-Bacon wage rate requirements apply. As the requirements for reimbursement eligibility continue to evolve, the City will be updating our procedures. Please visit the City’s website for additional information, as needed. Additional information about lead in drinking water can be found on the City’s web page at www.oshkoshwater.com. Property owners may wish to consider replacement of their building’s plumbing (pipe, valves, or fixtures) that contain lead-based materials or galvanized iron and brass materials that were ever downstream of lead. Please contact Maria Fletcher at (920) 236-5258 or the Department of Public Works at (920) 236-5065 with any questions regarding lead in drinking water. I:\Engineering\Lead Service Lateral Replacement\2026 Program\New documents\2026 LSLR Program Application Form_1-5-26.docx Page 1 of 2 City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.oshkoshwi.gov Return to Tracy Taylor: Via e-mail: dpw@oshkoshwi.gov Via mail: Department of Public Works PO Box 1130 Oshkosh, WI 54903-1130 In person: Room 301, City Hall 215 Church Avenue 2026 FINANCIAL ASSISTANCE APPLICATION FOR PRIVATE-SIDE LEAD SERVICE LINE REPLACEMENT Application, including Waiver/Release and Consent to Special Charge forms, must be submitted to be considered. APPROVAL OF THE PROPERTY IS REQUIRED BEFORE COMMENCING WORK Approval for the Lead Water Service Replacement financial assistance is required before commencing work. Properties must be deemed eligible before the start of replacement work to ensure that Federal requirements for the Endangered Species, Archeological/Historical, and Waterway/Wetland Reviews have been completed. Some properties may not be eligible for reimbursement due to these reviews or may require additional time to complete the process due to location and property history. The City of Oshkosh (City) will provide a written response to the approval application. Please note any conditions included in the response and share them with your contractor. The response will include the maximum amount of financial assistance the property is eligible to receive. Approvals are valid for nine (9) months. Verification of the property’s water service line materials is required before approval. Visit the City’s online Water Service Inventory to view your property by using the QR code to the right. The Private-Side Service Line pipe material must be lead, galvanized iron (considered lead), or brass for the replacement to be eligible for financial assistance. If the material type is listed as “unknown”, please schedule an appointment for a free inspection using the link from the Inventory or call (920) 232-5336. If you do not have access to use this QR code, you may call (920) 232-5336 to find out if the City has already identified your material type or visit www.oshkoshwater.com. Lead Service line replacement should be coordinated so the public-side and private-side are completed within 90 days of each other and must be done within 180 days of either side becoming lead-free. Failure to meet the 180-day requirement may result in the property not being eligible for financial assistance. The 180-day requirement does not apply to partial replacements completed before August 8, 2024. HOUSEHOLD INFORMATION Property Owner’s Name(s): ___________________________________________________________________________ (If business or corporation, provide the name and title of the individual who can sign legal documents.) Property Address: ____________________________________________________________________________ ____________________________________________________________________________ Mailing Address: ____________________________________________________________________________ (if different than above) ____________________________________________________________________________ Home Phone: ___________________________ Cell Phone: _______________________________________ E-mail Address: _____________________________________________________________________________________ The City will use this e-mail address to communicate important information about the program. Please check this Box if you do not wish to receive information via e-mail: I:\Engineering\Lead Service Lateral Replacement\2026 Program\New documents\2026 LSLR Program Application Form_1-5-26.docx Page 2 of 2 Is the property used for a licensed childcare facility or school? (Check one) Yes ____ No ____ List the dates of birth for all children living or routinely spending significant time at this address or property: _____________________________________________________________________________________________________ Are any members of the household currently pregnant? (Check one) Yes ____ No ____ Are any residents of the property currently immunocompromised? (Check one) Yes ____ No ____ Has the Private-Side Lead Service Line Replacement been completed? NO YES, Date Completed ____________________________________ ______________________ Is the Private-Side Lead Service Line Replacement due to a leak? YES NO, Reason for Replacement ________________________ ______________________ I attest that the above information is correct and consent to the review of my property for the purpose of determining eligibility requirements of the Lead Service Line Replacement Program. Property Owner’s Signature: __________________________________________________________________________ Date: _______________________________________________________________________ A signed Lead Service Line Replacement Financial Assistance Program Waiver/Release of Liability and signed Lead Service Line Replacement Financial Assistance Program Consent to Special Charge (attached) must be returned with this document. Please call (920) 236-5258 if you need assistance determining the Parcel Number of your property. DAVIS-BACON WAGE RATE REQUIREMENTS Funding for private-side lead water service line replacement is being provided by the Bipartisan Infrastructure Law. Therefore, the Federal Davis-Bacon wage rate requirements will apply in the following circumstances:  The property is owned by an individual or individuals or is in the name of a business.  The work will be performed using a plumbing/utility contracting firm that has employees (who are not 20% owners of this firm), and an owner of that plumbing/utility contracting firm did not perform one hundred percent (100%) of the work. Davis-Bacon wage rate requirements will not apply in the following circumstances:  An employee who is at least a twenty percent (20%) owner of the plumbing/utility contracting firm completing the work completes one hundred percent (100%) of the work.  The total cost of the LSL replacement is less than $2,000. The City will assist in determining whether or not the Davis-Bacon wage rate requirements apply. The plumber/utility contractor must provide a certified payroll to the City on the U.S. Department of Labor’s Payroll form with the reimbursement application form. I:\Engineering\Lead Service Lateral Replacement\2026 Program\New documents\2026 Prop Owner Waiver Release of Liability_1-5-26.docx Page 1 of 2 2026 LEAD SERVICE LINE REPLACEMENT FINANCIAL ASSISTANCE PROGRAM WAIVER/RELEASE OF LIABILITY NOTE: THIS IS A LEGAL DOCUMENT 1. The City of Oshkosh (City) has created a program to help City residents pay for some of the costs needed to replace their water service pipes that contain lead. The program is made possible through funding received from the Wisconsin Department of Natural Resources. 2. I own property within the Oshkosh City limits. The description of my property is as follows: Address: _______________ Parcel No: _______________ 3. I understand that participating in this Lead Water Service Line Replacement Financial Assistance Program is voluntary. The pipe that I hope to receive financial assistance for is my private pipe on my own property and within the adjacent public right-of-way to the curb stop. I will need to hire a contractor to replace my lead water service pipe. I am responsible for whatever work is done. 4. The City has created a list of pre-qualified contractors. These contractors have stated they are willing to replace lead water service pipes and will abide by the program requirements. I understand the City has created this list as a convenience for homeowners like me. The City has verified the contractors on this list have met the qualifications of being licensed utility contractors and/or plumbers, and these contractors have agreed to follow all program requirements. The City does not warranty, guaranty, or state that individual contractors on the list will be qualified to do the work on my property, or that I will get along with the contractor, or that I will agree with their contract, or how they go about completing the work. I understand that things can go wrong on any construction job. Therefore, it is my responsibility to investigate the contractors on the City’s list and find the one that I think will be the best for me, in terms of price, contract terms, and the actual work they will do. I understand that I will be the one responsible for hiring a contractor. My agreement is with the Contractor, and is not an agreement with the City. The City does not have an agreement for this Program with the Contractor. 5. The City’s main involvement in this project on my property is to financially assist me for some of the work that I hire a contractor to do on my property as long as I meet the program qualifications. I:\Engineering\Lead Service Lateral Replacement\2026 Program\New documents\2026 Prop Owner Waiver Release of Liability_1-5-26.docx Page 2 of 2 6. Release of Liability. I hereby release the City of Oshkosh, its officers, employees, agents, representatives, and insurers, including all of the assignees and successors in interest from all claims based upon the actions and/or inactions of the City of Oshkosh, its officers, employees, agents, and/or representatives, related to or occurring in connection with my participation in the Lead Service Line Replacement Financial Assistance Program. The claims released in this paragraph include those which may be based upon State or Federal statutes and/or administrative codes, common law, and Municipal and/or County Ordinances. The potential injuries and claims resulting from the identified type of events include, but are not limited to, monetary losses, as well as physical and psychological injuries of all levels of seriousness. I understand that by signing this Release that I am not releasing the one (1) or more contractors that I hire to perform the lead water service pipe replacement; nor Third persons, including plumbers/utility contractors, based upon their negligent, reckless, willful, and malicious actions; and that those Third parties and their actions are not part of this agreement and are not released. Third persons are meant to include all persons other than the City of Oshkosh, its officers, employees, agents, and/or representatives. I understand that in order for the City to make sure this program works for everyone, it has to be clear that I am entering into agreements with contractors based on my own choice, and not based on any choice or direction the City has made for me. I understand that if I didn’t agree to the terms of this Waiver/Release, the City may be unable to offer financial assistance through the Lead Service Line Replacement Financial Assistance Program or that the opportunities for me to participate in this program may be limited. I hereby waive the right to make a claim as noted above and waive my rights to negotiate or bargain for different terms of this waiver and release of claims, which may lead to more potential liability on the part of the City of Oshkosh, its officers, employees, agents, and/or representatives, and may limit my participation or increase my costs under this program. I understand that, in order for me to participate in the Lead Service Line Replacement Financial Assistance Program, an agreement for waiver/release in some form is required. For reasons that have value to me, I have chosen to accept the terms as identified within this document. Property Owner: _______________________________________________ _____________________________________ Signature Printed Name _______________________________________________ _____________________________________ If applicable, name of business or corporation and title of person signing. Individual must have the authority to sign legal documents for the above business/corporation. _____________________________ Date I:\Engineering\Lead Service Lateral Replacement\2026 Program\New documents\2026 Property Owner Consent to Special Charge_1-5-26.docx Page 1 of 2 2026 LEAD SERVICE LINE REPLACEMENT FINANCIAL ASSISTANCE PROGRAM CONSENT TO SPECIAL CHARGE NOTE: THIS IS A LEGAL DOCUMENT I am applying for financial assistance available through the City of Oshkosh Lead Service Line Replacement Financial Assistance Program for the replacement of a lead water service line (LSL) or galvanized iron water service line, considered LSL, servicing the Property, which I own and which is described below: Property Address: Parcel No: I understand that, under the City’s Lead Service Line Replacement Financial Assistance Program (Program), I will choose a contractor(s) who will replace the lead service line on my Property, but that the City will pay that contractor(s) after work is completed, up to a maximum of $5,400 for plumbing costs and $1,300 in hard surface restoration costs. I understand that I am responsible for any amounts charged for work performed above these maximum amounts. I understand that, as a part of the Program, I will be required to sign an agreement at the completion of the work to allow the City to disburse the funds. I understand that it is very important that I cooperate with the City and respond promptly to requests for information and to requests for completion of the required paperwork under the Program to allow the City to promptly reimburse the contractor(s) who performed work and to comply with the City’s Lead Service Line Assistance Program and State of Wisconsin Loan Program requirements. I understand and agree that if my application is approved, repayment of the Lead Service Line Assistance Loan amount will be secured by the City’s right to special charge as provided by §66.0627 of the Wisconsin Statutes. To that end, if my application is approved, I agree that I will promptly respond to requests for information and promptly, within 7 calendar days of the date that City staff contacts me to schedule a meeting to sign the required agreement or sign or provide any other paperwork that the City may require from me, schedule a meeting and attend that meeting to complete the necessary paperwork to allow the City to disburse payment to the contractor(s) that I have chosen and to complete the process for purposes of the Lead Line Financial Assistance Program. I:\Engineering\Lead Service Lateral Replacement\2026 Program\New documents\2026 Property Owner Consent to Special Charge_1-5-26.docx Page 2 of 2 I further agree that if my application is approved, the work is performed and I fail to promptly respond or comply with the Program requirements, that the City may proceed with payment to the contractor of the amount eligible for payment under the City’s Lead Line Financial Assistance Program and levy the amount of the financial assistance provided to me, up to the maximum of $5,400 for plumbing costs and $1,300 in hard surface restoration costs against the Property as a special charge pursuant to Wis. Stat. §66.0627(8)(ag). In connection therewith, I: (i) acknowledge that the City will have incurred financial obligations in connection with my application and acceptance into the Program and in connection with payment of the contractor(s) who will have performed work and that the work performed will have benefited my Property; (ii) agree that the amount of the special charge, if levied, constitutes a proper exercise of the City’s authority to levy special charges in accordance with Wis. Stat. §66.0627(8)(ag)-(cm); (iii) agree that the allocation of the amount of the special charge to the Property, up to the maximum of $5,400 for plumbing costs and $1,300 in hard surface restoration costs, is reasonable; (iv) consent to the imposition and levy of such special charge; (v) agree that the levy of special charges is authorized by signature on this Consent Agreement, and that no further procedural steps need be taken by the City; (vi) waive all notices, hearings, and appeals provided by Wis. Stat. §66.0627 or any other statute; (vii) acknowledge that the City is relying on the terms of this Agreement, and specifically the terms of this Subsection in reviewing and accepting my application, and that if special charges were not enforced that this would be inequitable to both the contractor(s) that performed the work and the City who will pay for the work based upon my representations herein; and (viii) understand and agree that the City will follow its customary practice in collecting special charges placed on the tax rolls, including assessing penalties and charging interest, and initiating foreclosure proceedings where appropriate. Special charges collected for private LSL replacement loan repayments shall be placed in a segregated fund and disbursed in accordance with the requirements of the City’s funding sources. City shall keep an accounting of private LSL charges made in connection with this agreement and payments received by the City and provide Property Owner with such information upon request. Property Owner: _____________________________________ ____________________________________ Signature Printed Name _________________________________ _____________________________________ If applicable, name of business or corporation and title of person signing. Individual must have the authority to sign legal documents for the above business/corporation. _____________________________ Date