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2011 RPG-0271 CLANCY WASTEWATER SYSTEM DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION .- S1 0 Ot, THE .. �Q e ' BRIAN SCHWEITZER,GOVERNOR 1625 VE H A UE STATE OF MO\TA\A wd� �� DIRECTOR'S OFFICE (406)444-2074 PO BOX 201601 o v ,r,, dy FAX NUMBER (406)444-2684 HELENA,MONTANA 59620-1601 September 20, 2011 Leonard Wortman Jefferson County PO Box H Boulder, MT 59632 RE: Grant Agreement No. RPG-12-0271 Update to a PER for Jefferson County Clancy Wastewater System Improvements Dear Leonard: Enclosed is an executed planning grant agreement for your files. As stated in Section 7 of the Agreement, you will be paid 50% of the total grant amount within 30 days of receipt of an approvable draft Preliminary Engineering Report. The remaining 50% will be paid within 30 days of receipt of an approvable final Preliminary Engineering Report. The Preliminary Engineering Report shall be in accordance with the current Uniform Application Supplement for Montana Public Facility Projects. I have also enclosed a State of Montana Vendor Invoice to be submitted for payment (the `Vendor' is Jefferson County, and the `Billed To' is DNRC). Additional forms may be found on our website at: http://dnrc.mt.gov/cardd/ResDevBureau/wasact/docs/vendorinvoice.doc I am your contact at the DNRC for payment or technical issues. Thank you for your application. We look forward to working with you not only in the development but also in the funding and actual construction of your project. Sincerely, '`7 e,/ Pam Smith `-V' Program Specialist/DNRC-CARDD Encls 71/1nY'-\ Cc: Joan Specking w/ Debbie Walter w/ File w/1 original f CENTRALIZED SERVICES CONSERVATION&RESOURCE RESERVED WATER RIGHTS OIL&GAS TRUST LAND MANA EMENT DIVISION DIVISION COMPACT COMMISSION DIVISION DIVISION (406)444-2074 (406)444-6667 (406)444-6841 (406)444-6675 (406)444-2074 STATE OF MONTANA • PREPARE IN TRIPLICATE. • SEND ALL COPIES TO VENDOR. VENDOR INVOICE • VENDOR RETURNS SIGNED ORIGINAL AND DUPLICATE, RETAINING TRIPLICATE. • FILE ORIGINAL WITH TRANSFER-WARRANT CLAIM. VENDOR'S NAME AND ADDRESS BILLED TO QUANTITY DESCRIPTION OF GOODS DELIVERED OR SERVICES RENDERED AMOUNT GRAND TOTAL STATE USE ONLY I certify that this invoice is correct in all respects and that payment has not been received APPROVED FOR PAYMENT Vendor's Name Date Processed Authorized Signature Vendor's Signature Date Title Project Planning Grant Agreement Conservation and Resource Development Division Montana Department of Natural Resources and Conservation Project Sponsor: Jefferson County Project Name: Update to a PER for Jefferson County Clancy Wastewater System Improvements Agreement Number: RPG-12-0271 Declarations • Section 1. Purpose • Section 2. Term • Section 3. DNRC's Role • Section 4. Project Scope • Section 5. Project Budget • Section 6. Availability of Grant Funds • Section 7. Grant Disbursements • Section 8. Reports • Section 9. Records and Audits • Section 10. Project Monitoring and Access for Inspection and Monitoring • Section 11. Employment Status and Workers' Compensation • Section 12. Equal Employment • Section 13. Indemnity and Liability • Section 14. Compliance with Applicable Laws • Section 15. Copyright- Government Right to Use • Section 16. Failure to Comply • Section 17. Assignment and Amendment • Section 18. Montana Law and Venue Section 1 t r FOR DNRC USE ONLY Approved Maximum amount under this Agreement: $5,000 Agreement No. RPG-12-0271 Source of Funds- Amendment No. / Natural Resource Projects Account Division 1.4 Accounting Entity Name Fund C.S.D L� Natural Resource Projects Account 02577 �� ' Legal `A Sub-Class ORG Percent 54016 3412101 100% Appropriation Authority: 62nd Legislature/2011 H.B.6 Workers Comp: N/A Attached Exempt Will be forwarded MONTANA RENEWABLE RESOURCE PROJECT PLANNING GRANT AGREEMENT THIS GRANT, approved, appropriated, and awarded by the Montana Legislature and administered by the Montana Department of Natural Resources and Conservation (DNRC) is consistent with the policies, procedures and objectives of the Montana Renewable Resource Grant and Loan Program (MCA Title 85, Chapter 1, Part 6) for the enhancement of Montana's renewable natural resources. This grant is accepted by Jefferson County, hereinafter referred to as the Project Sponsor (Federal Tax ID No.81-6001377) and represented by Leonard Wortman, PO Box H, Boulder, MT 59632, 406-225-4026, according to the following terms and conditions: SECTION 1. PURPOSE. The purpose of this Agreement is to establish mutually agreeable terms and conditions, specifications, and requirements to grant funds to the Project Sponsor for an update to the preliminary engineering report(PER) for wastewater system improvements for the town of Clancy. SECTION 2. TERM. The Project Sponsor shall have until December 31, 2012, to complete the project and work described in Section 4, Project Scope. DNRC may grant an extension for completion upon request and showing of good cause by the Project Sponsor. A request for extension submitted less than 45 days prior to the termination date may or may not be considered. SECTION 3. DNRC's ROLE. DNRC is administering grant funds awarded by the legislature to ensure that the funds are used according to the intent of the legislature and the purposes, objectives, and procedures of the Renewable Resource Grant and Loan (RRGL) Program. Upon request from the Project Sponsor or its agent, DNRC will explain or clarify the terms and conditions of this Agreement and may provide limited technical assistance. DNRC will monitor project expenditures to assure payment eligibility. DNRC assumes no responsibility for the Project Sponsor's obligation to faithfully perform the tasks and activities necessary to implement and complete a project. The Project Sponsor shall contact DNRC's liaison Pam Smith, at 406-444- 6839, PO Box 201601, Helena, MT 59620. All requests, information, and assistance shall be submitted to DNRC liaison/designee. SECTION 4. PROJECT SCOPE. Subsection 4.1 Supporting Documents/attachments: RRGL Planning Grant Application, dated June 2011. 2 SECTION 5. PROJECT BUDGET. Grant funds are allocated as follows: (1) Sources of Funds: DNRC Project Planning Grant $ 5,000 TSEP Grant $ 5,000 Project Sponsor $ 5,000 Total Project Cost $15,000 (2) Use of Funds: Contracted Professional Services $15,000 Total $15,000 SECTION 6. AVAILABILITY OF GRANT FUNDS. The Project Sponsor acknowledges and understands that grant funds become available through earnings from certain natural resource based taxes deposited in the natural resources projects state special revenue account. Renewable Resource Grant and Loan Program funds will be released to the extent they are available. Costs incurred prior to this Agreement are not eligible for reimbursement but may be counted as match funds upon written approval by DNRC. SECTION 7. GRANT DISBURSEMENTS. The Project Sponsor shall submit claims for grant funds to DNRC. Receipts, vendor invoices, inspection certificates, and other documentation of costs incurred shall be submitted with the claims. DNRC will verify the claims and check them against the Reports required in Section 8 and the Budget provided in Section 5. DNRC will disburse grant funds to the Project Sponsor upon approval. Reimbursement of Project Sponsor expenditures will only be made for expenses included in the Budget provided in Section 5 and that are clearly and accurately supported by the Project Sponsor's records. A maximum of 50% of the total DNRC grant shall be available for payment within 30 days of receipt of an approved draft Report. It is not expected that the document will be complete; however, it must show clearly that all applicable items required in SECTION 4. PROJECT SCOPE are being addressed and that the consultant is proceeding toward the preparation of a complete and acceptable final product. The balance of the grant funds shall be payable within 30 days of receipt by DNRC of an approved final Report. The final version shall be complete and shall address the terms as defined in SECTION 4. PROJECT SCOPE. Prior to final payment, the Project Sponsor must submit a financial statement showing the sources and uses of funds. Total payment for all purposes under this Agreement shall not exceed $5,000. SECTION 8. REPORTS. Quarterly progress reports for the periods ending each March, June, September, and December shall be submitted to DNRC during the term of the Agreement. Reports will provide status information for each project implementation objective. Status information will include, at a minimum, the percentage complete, costs incurred, funds remaining and projected completion date. The Project Sponsor shall report on total project costs including those funded by the Project Sponsor and other matching funds. Significant problems encountered shall be noted and necessary scope and/or time line modifications requested. Quarterly reports must be submitted to DNRC within fifteen (15) calendar days following the close of the quarterly period. No claims for disbursements will be honored if the quarterly report has not been approved or if there is a delinquent report. SECTION 9. RECORDS AND AUDITS. The Project Sponsor will maintain appropriate and adequate records showing complete entries of all receipts, disbursements, and other transactions relating to the project. DNRC, the Legislative Audit Division or the Legislative Fiscal Division may, at any reasonable time, audit all records, reports, and other documents that the Project Sponsor maintains under or in the course of this Agreement to ensure compliance with its terms and conditions. SECTION 10. PROJECT MONITORING AND ACCESS FOR INSPECTION AND MONITORING. DNRC or its agents may monitor and inspect all phases and aspects of the Project Sponsor's performance to determine compliance with technical and administrative requirements in this Agreement, including the adequacy of records and accounts. DNRC may present specific areas of concern to the Project Sponsor providing the Project Sponsor the opportunity to better accomplish the goals and objectives of the conditions of this Agreement. 3 Because these grant funds are from public funds, public access to the project site and project records must be available. The Project Sponsor shall accommodate requests for public access to the site and records with due consideration for safety, private property rights, and convenience of everyone involved. SECTION 11. EMPLOYMENT STATUS AND WORKER'S COMPENSATION. The project is for the benefit of the Project Sponsor. DNRC is not an owner or general contractor for the project, and DNRC does not control the work activities or work-site of the Project Sponsor or any contractors who might be engaged for completion of the project. The Project Sponsor is independent from and is not an employee, officer or agent of the State of Montana or DNRC. The Project Sponsor, its employees, and contractors are not covered by the Workers' Compensation laws applicable to DNRC as an employer. The Project Sponsor is responsible for making sure that its employees are covered by Workers' Compensation Insurance and that its contractors are in compliance with the coverage provisions of the Workers' Compensation Act. The Project Sponsor must acquire Workers' Compensation coverage or the appropriate exemption. SECTION 12. EQUAL EMPLOYMENT. Any hiring of employees under this Agreement shall be on the basis of merit and qualifications, and there shall be no discrimination on the basis of race, color, religion, creed, sex, national origin, age, disability, marital status, or political belief. "Qualifications" mean qualifications as are generally related to competent performance of the particular occupations task. SECTION 13. INDEMNITY AND LIABILITY. The Project Sponsor shall defend, indemnify and hold harmless DNRC and the State of Montana and its agents from and against any and all claims, demands, or actions for damages to property or injury to persons or other damages to persons or entities arising out of or resulting from the performance of the work or services funded by this Agreement. This Agreement is not intended to relieve a liable party of financial or legal responsibility. SECTION 14. COMPLIANCE WITH APPLICABLE LAWS. All work must be in accordance with all federal, state and local law, statutes, rules, and ordinances. It shall be the Project Sponsor's responsibility to obtain all permits, licenses or authorizations that might be required from government authorities for completion of the project. Procurement of labor, services, supplies, materials and equipment shall be conducted according to applicable federal, state and local statutes. This Agreement should not be taken to imply that any permits, or authorizations issued by DNRC or other State agency will be approved. SECTION 15. COPYRIGHT - GOVERNMENT RIGHT TO USE. Any graphic material developed under this Agreement may be copyrighted with the proviso that the State of Montana will have a royalty-free, nonexclusive, and irrevocable right to produce, publish or otherwise use, and authorize others to use the work for state government purposes. SECTION 16. FAILURE TO COMPLY. If the Project Sponsor fails to comply with the terms and conditions of this Agreement, or reasonable directives or orders from DNRC, DNRC may terminate the Agreement and refuse disbursement of any additional funds under the Agreement. Such termination will become a consideration in any future application for grants from the Renewable Resource Grant and Loan Program. SECTION 17. ASSIGNMENT AND AMENDMENT. This Agreement is not assignable. Amendment may be accomplished only by express written agreement of the parties. Amendments will be attached as an integral component of the Agreement. SECTION 18. MONTANA LAW AND VENUE. Any action or judicial proceeding for enforcement of the terms of this Agreement shall be instituted only in the courts of Montana and shall be governed by the laws of Montana. Venue shall be in the First Judicial District, Lewis and Clark County, Montana. The Project Sponsor hereby accepts this Agreement according to the above terms and conditions. By: f 'O G'll — Proje't Spon-or ! Date B l/ y. St--� g DN C Date 4 Attachment A— Scope of Work Background: With assistance from Jefferson County, the residents of Clancy have initiated the process of forming a water and sewer district to enable them to finance the construction and maintenance of a centralized wastewater system. In July 2010, Jefferson County completed a Preliminary Engineering Report (PER) that identified several compliance issues with Clancy's current wastewater treatment facilities, which consist of cesspools, seepage pits, or metal septic tanks with drainfields that either have failed, or have high potential of failing in the near future. Since the completion of the 2010 PER, the Jefferson County Commissioners learned that, the Elkhorn Healthcare & Rehabilitation Center would be losing its wastewater discharge permit in 2013 and as a result, the owners of the Center have requested to have their facility included in the District. The proposed project will update the 2010 PER to include the Center and update data collection from the testing of groundwater from private wells located within the lannin p g area. Scope of Work: The project sponsor shall use the funds provided under this Agreement to pay for: Preliminary engineering costs up to the maximum amount under this Agreement: 1. Prepare and submit to DNRC or its designee a draft Preliminary Engineering Report (PER) as defined in and required by the technical section in the most current Renewable Resource Grant and Loan application. A registered professional engineer licensed to practice in his or her area(s) of competence and expertise in the State of Montana shall prepare this report. 2. Prepare and submit to DNRC or its designee a final PER that reflects any comments p 9 Y on the draft made by DNRC or its designee. Schedule: The draft PER will be submitted in January 2012. A final PER will be submitted by December 2012. 5