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GRANT_ 2012 RIT-13-8750 PIPESTONE CREEK WATERSHEDDEPARTMENT OF NATURAL RESOURCES AND CONSERVATION BRIAN SCHWEITZER, GOVERNOR 1625 ELEVENTH AVENUE STATE OF MONTANA DIRECTOR'S OFFICE (406) 444 -2074 FAX NUMBER (406) 444 -2684 November 8, 2012 Leonard Wortman Jefferson County PO Box H Boulder, MT 59632 Re: Grant Agreement No. RIT -13 -8750 Big Pipestone Creek Watershed Restoration Plan Dear Leonard: PO BOX 201601 HELENA, MONTANA 59620 -1601 Enclosed is an executed original of the referenced document for your file. 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 Department of Natural Resources and Conservation). Additional forms may be found on our website at: http: / /www.dnrc.mt.gov/ cardd /cdforms /vendorinvoice.doc Reporting requirements are specified in the Agreement. The purpose of the required reports is to update me on the project and to request any changes in scope, budget, or terms. Please call me at 444 -0547 if you have any questions. Respectfully, A�C"hb-- Alicia Stickney Program Specialist/CARDD Cc: Janice Yearry w/ Debbie Walter w/ File w/1 original CENTRALIZED SERVICES CONSERVATION & RESOURCE RESERVED WATER RIGHTS OIL & GAS TRUST LAND MANAGEMENT DIVISION DIVISION COMPACT COMMISSION DIVISION DIVISION (406) 444 -2074 (4061444 -6667 (406) 444 -6841 (406) 444 -6675 (406) 444 -2074 Grant Agreement Conservation and Resource Development Division Montana Department of Natural Resources and Conservation Project Sponsor: Jefferson County Project Name: Big Pipestone Creek Watershed Restoration Plan Agreement Number: RIT -13 -8750 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 • Attachment A — Scope of Work • Attachment B - Budget • Attachment C - Final Report Format and Certificate of Final Completion FOR DNRC USE ONLY Approved Maximum amount under this agreement: $11,000 - Source of Funds - Agreement No. RIT -13 -8750 Amendment No. Fund Name Fund Division (' Natural Resources Projects Account 02577 CSDg� Subclass ORG Percent y� 540I7 3412224 100% Legal 01 P Appropriation Authority - 62nd Legislature /2011 H.B. 7 Workers Comp: N/A Attached X Exempt Will be forwarded DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION RESOURCE DEVELOPMENT BUREAU AQUATIC INVASIVE SPECIES GRANT AGREEMENT THIS GRANT, approved, appropriated and awarded by the 62nd Montana Legislature in House Bill 7 and administered by the Montana Department of Natural Resources and Conservation (DNRC), is consistent with the policies, procedures and objectives of the Montana Reclamation and Development Grants Program (RDGP) (MCA Title 90, Chapter 2, Part 11) for the enhancement of Montana's natural resources. This grant is accepted by Jefferson County, hereinafter referred to as the Project Sponsor and represented by Leonard Wortman, County Commissioner, PO Box H, Boulder, MT 59632, 406 -225- 4025 and Federal Tax ID No. 81- 6001377, 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 to write a watershed restoration plan for Big Pipestone Creek that addresses the Eurasian watermilfoil infestation in the Jefferson Slough. SECTION 2. TERM. The effective date of this Agreement is the date of last signing. The Project Sponsor shall have until March 31, 2013 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 Reclamation and Development Grants Program. Upon request from the Project Sponsor or its agent, DNRC will explain or clarify the terms and conditions of this grant award 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 should contact DNRC's liaison, Alicia Stickney at (406) 444 -0547, PO Box 201601, Helena, MT 59620 -1601. All requests for information and assistance shall be submitted to the DNRC liaison / designee. SECTION 4. PROJECT SCOPE. The Project Sponsor shall use funds provided under this Agreement to write a watershed restoration plan for Big Pipestone Creek that addresses the Eurasian watermilfoil infestation in the Jefferson Slough. The scope of work for this project is attached to this contract as Attachment A and is incorporated herein by this reference. SECTION 5. PROJECT BUDGET. A project budget showing anticipated expenditures for each task and matching funds is provided in Attachment B and incorporated herein by this reference. This grant is allocated as follows: Contracted Services $11,000 Total $11,000 SECTION 6. AVAILABILITY OF GRANT FUNDS. The Project Sponsor acknowledges and understands that grant funds become available through the quarterly earnings from the Resource Indemnity Tax Trust. RDGP funds will be released to the extent they are available in the order of project priority approved by the Legislature. Costs incurred prior to this Agreement are not eligible for reimbursement unless determined by DNRC to be an emergency, but may be counted as match funds upon written approval by DNRC. DNRC may consider an expenditure to be an emergency if it is necessary to protect the imminent loss of life or property; to prevent significant imminent environmental damage; or to prevent the physical failure of a system. SECTION 7. GRANT DISBURSEMENTS. The Project Sponsor shall submit claims for grant funds to the 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. A maximum of 90 percent of the total grant award is available for progress payments. The remaining balance will be paid by DNRC upon approval of the Final Report. 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. Total payment for all purposes under this grant shall not exceed $11,000. 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 grant. 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. A Final Report that details the project status, results, accomplishments, and financial status will be submitted to DNRC for approval upon project completion. Final disbursement of grant funds is contingent upon DNRC receipt and approval of the Final Report. The Project Sponsor shall identify in Section 1 of the final report where copies of the report may be obtained by interested parties (Project Sponsor contact person name, address, phone number). An email address or website can be substituted for address and phone. A copy of the required Final Report format is attached as Attachment C. 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 grant 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 the Scope of Work, and other 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 grant and conditions of this Agreement. Because this grant is 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 that might be engaged for completion of the project. The Project Sponsor is independent from and is not an employee, officer or agent of 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 is independent, is not an employee of the State of Montana or of DNRC, and is not covered by the Workers' Compensation laws applicable to DNRC as an employer. 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 occupational 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 grant. This grant 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 grant 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 or photographic 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 grant or reasonable directives or orders from DNRC, DNRC may terminate the grant and refuse disbursement of any additional funds under the grant. Such termination will become a consideration in any future application for grants from the Reclamation and Development Grants Program. SECTION 17. ASSIGNMENT AND AMENDMENT. This grant 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 grant. SECTION 18. MONTANA LAW AND VENUE. Any action or judicial proceeding for enforcement of the terms of this grant 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 grant according to the above terms and conditions. Jefferson )0-31-(2-- Date By. � ,d - -a ///7//.,- D R Date Attachment A Scope of Work General The Big Pipestone Creek Watershed Restoration Plan is a focused technical study intended to identify impacted areas of the watershed that have affected water quality from the stream's headwaters to its confluence with the Jefferson River. The study will be limited to the main stem of Big Pipestone Creek with only water quality monitoring being conducted on tributaries to the system. The objective of this plan is to identify and prioritize potential remediation projects that will address sedimentation in the system, enhance aquatic and riparian habitat, protect agricultural land lost to channel erosion, reduce potential flooding in residential areas, and address aquatic invasive species in the system. Task 1. Review Existing Studies, Conduct Aerial Photo Interpretation, Establish Data Gaps A kickoff meeting will be scheduled with all interested stakeholders to gather existing studies and identify current problem areas. The Consultant will review existing studies and develop a GIS database that will store existing data. The consultant will obtain available aerial photographs for inclusion in the GIS database and conduct analyses of any historical photos to establish existing conditions and departures from optimal in the study area. The GIS database will be used to establish locations for water - quality monitoring stations and to identify areas that are or may be contributing to the degradation of Big Pipestone Creek and its receiving waters, the Jefferson Slough. Targets of interest and concern will be delineated on GIS layers to facilitate field studies as necessary. Task 2. Develop a Sampling and Analysis Plan (SAP) The Consultant will establish watershed monitoring locations via the interpretation of aerial photographs followed by site reconnaissance. The SAP will include protocols for baseline and long -term monitoring for water quality, aquatic community health and habitat, channel morphology, and riparian and upland community stability. The Plan will include standard formats for reporting and evaluating long -term monitoring efforts. This plan will be submitted to DEQ for approval prior to commencing field assessments. Task 3. Field Assessment and SAP Implementation This Task will include the establishment of monitoring sites on Big Pipestone Creek and its major tributaries. The monitoring stations will include temperature data loggers, monumented cross section and photopoints, and specific water - quality monitoring locations. Work to be conducted for the baseline assessment includes: • Streambank stability and erosion inventory; • Riparian and belt width conditions; • Adjacent landuse influences; • Geomorphological /sediment transport/hydrologic evaluation on the channel; • Biomonitoring for aquatic macroinvertebrates and periphyton; • Identification and characterization of aquatic invasive species; • Aquatic habitat inventory; • Identifying infrastructure along the watercourse (irrigation structures, bridges, culverts, etc.), and; • Hydrologic and hydraulic analysis on infrastructure. Survey -grade GPS equipment will be used to establish channel cross sections and longitudinal profiles at identified sites along the watercourse. Macroinvertebrate samples will be submitted to a qualified laboratory for analysis. Task 4. Documentation and Reporting The Consultant will tabulate and evaluate field data and integrate field surveys into the GIS project layers to define the existing conditions and areas of sedimentation problems within the basin. Physical channel and streambank evaluations, along with riparian and in- stream habitat assessments will be used to establish the level of remedial action required. Upon completion of the field assessment evaluation, a meeting will be scheduled to work with stakeholders to identify and prioritize projects. Based on input from interested stakeholders, the Consultant will refine the project alternatives to select viable options for improvements. Upon acceptance of the prioritized list of projects, a draft report will be developed and reviewed by the stakeholders. A final report will be issued and presented. Task 5. Baseline Water Quality Assessment and Post - Project Monitoring The Consultant will develop a baseline assessment from the data gathered for the final document to support evaluation, comparison and confirmation of pre- and post- restoration efforts. Data collection subsequent to the completion of the Watershed Assessment shall conform to the protocols developed for the Sampling and Analysis Plan. Task 6. Project Coordination Project coordinator will facilitate stakeholder meetings and communications throughout the project. The Consultant anticipates a kickoff meeting, one meeting after the field data is compiled, one meeting to review the draft plan and priority projects list, and one meeting to present the final report. Attachment B Budget Pipestone Watershed Baseline Monitoring, Source Assessment and Restoration Planning Task 1: Review Existing Studies /Aerial Photo Interpretation /Data Gaps Analysis Total Meet with stakeholders /interested parties; locate and procure existing studies and Geographic Information System GIS data $552.00 $896.00 $1,664.00 $1,200.00 Build GIS project; incorporate digitized data from aerial photo review $1,440.00 Review historic and current aerials in GIS and digitize land use impacts and existing conditions $2,288.00 $900.00 Review existing info and datasets to identify data gaps $2,496.00 $1,200.00 Materials and Travel Expenses travel hours included with tasks Total Travel miles $338.00 per diem $64.00 Subtotal Task 1 $13,038.00 Task 2: Develop Sampling and Analysis Plan SAP ) (ESM, see below Total Meet with other consultants, agency personnel to review aerial assessment and track ongoing monitoring; develop standardized monitoring procedure $448.00 $832.00 $300.00 Coordination with Environmental Services of Montana $448.00 $832.00 $600.00 Equipment, co in , etc. $40.00 Subtotal Task 2 $3,500.00 Task 3. Field Assessment/SAP Implementation Total Install network of temperature data loggers, set up monumented cross - sections, photo points, and water quality stations $672.00 $1,200.00 $1,664.00 Conduct streambank stability and erosion inventory $1,664.00 Document riparian condition, beltwidth, and adjacent land use influence $1,200.00 Geomorphologic assessment/sedimentation/hydrologic analysis $1,664.00 $1,200.00 Conduct culvert and road crossing assessment and risk analysis $1,140.00 Biomonitorin - aquatic macroinvertebrates and periphyton (qualitative) at 12 stations $1,200.00 Aquatic habitat inventor for example, pools, streambank habitat $1,200.00 Inventory irrigation infrastructure $2,280.00 Hydrology/Hydraulics anal sis $1,520.00 Materials, Laboratory Costs, & Travel Expenses travel hours included with tasks Total Travel miles $1,300.00 Per diem $384.00 Lodging $900.00 Laser level $600.00 Survey grade GPS unit $2,000.00 Onset temperature loggers $1,620.00 Rebar, wire, other miscellaneous materials $500.00 Fs sam ler $60.00 Macroinvertebrate analysis $980.00 Periphyton analysis $1,000.00 Denatured alcohol and Lu oll's solution for biological samples $50.00 Copying costs for field forms includes labor $100.00 Subtotal Task 3 $26,098.00 Task 4: Reporting and Documentation Total Data entry and database management $4,000.00 Data Quality Assurance/Quality Control $900.00 GIS data management and mapping $4,500.00 Analysis of irrigation effects $2,280.00 Identify primary sources of pollutants and channel instability $896.00 $2,496.00 $1,200.00 Identify priority restoration sites and projects $896.00 $1,664.00 $600.00 Create draft report and GIS maps with results, restoration priorities, and budgets $3,800.00 $3,584.00 $1,800.00 $2,160.00 Present draft report and alternatives to stakeholders $1,792.00 Finalize report and recommendations $896.00 $2,280.00 $1,200.00 Final Meeting and presentation $896.00 Report Production $720.00 Subtotal Task 4 $38,560.00 Task 5: Water Quality Assessment/Monitoring Plan - Environmental Services of Montana ESM Total Kickoff Meeting $1,040.00 $225.00 Data Review $1,560.00 Site Reconnaissance/Water Quality Monitoring Scoping $5,200.00 Public Meeting $780.00 Baseline /Post- Restoration Monitoring Plan $5,200.00 Mileage $644.00 Equipment, copying, other costs $351.00 Subtotal Task 5 $15,000.00 Task 6: Project Coordination Total Local Coordination $4,000.00 Subtotal Task 6 $4,000.00 PROJECT ESTIMATED TOTAL $100,196.00 Note: Sources of Funds: DNRC Project Planning Grant $ 49,000 DNRC RDG Aquatic Invasive Species Grant $ 11,000 DEQ 319 Grant $ 25,000 Jefferson County $ 10,000 DNRC Conservation District Bureau Grant 5,000 Total Project Cost $100,000 RDG grant funds will be used for contracted professional services only. Attachment C Required Final Report Format (Two hard copies and one compact disc with all contents in PDF format required) 1. Title Page: A. Grantee's name, address, and telephone numbers. B. Name, address, & telephone number of other contacts if the primary contacts are not available. C. Funding: total project cost and amount of grant. D. State where copies of the report may be obtained by interested parties (Project Sponsor contact person name, address, phone #. An email address or website is OK). 2. Introduction: A. Describe the project history, project location and the purpose of the project. B. Identify the benefits of the project after completion. 3. Discussion and Results: A. Compare the project results with goals and objectives agreed to in the agreement: i. State project objectives. Compare the purpose and objectives with actual project results. Provide evidence of project results. ii. Explain difference between proposed objectives and actual project results. B. Describe the planning process. For example, discuss project design, independent review, coordination with agencies, permits required, and other activities. C. Describe project implementation in chronological order. List and briefly discuss from start-up through final closeout. D. Summarize problems encountered and solutions adopted. What would you do differently? E. Offer comment or recommendations to others undertaking this type of project. 4. Public Benefit: Describe the project's overall public benefits; what is the impact or potential impact of the project's benefits on the local and/or regional area. 5. Grant Administration & Project Costs: A. Work schedule: Compare the time allotted for project completion with actual schedule. Identify delays and discuss the reasons for delays. B. Budget: Include a summary of how the monies were spent by budget category and source of funding (i.e. DNRC, Sponsor, other State or federal agencies). Was the project completed according to budget? Explain cost overruns or savings. Discuss unbudgeted expenses that arose. C. List any funds from other sources or in -kind services that were used to fund the project. 6. Project Completion and Certification A. Project Sponsor's Certificate of Compliance. FINAL REPORT CERTIFICATE OF COMPLIANCE Project Sponsor: Name of Project: I, the undersigned, being duly qualified, respectfully, of the (Name of Sponsor), in the County of , State of Montana, do hereby certify that the above -named project is in full compliance with all of the covenants and conditions set forth in grant Agreement Number between the (Name of Sponsor) and the State of Montana, Department of Natural Resources and Conservation. Authorized Signature Date