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4. DNRC Resource Planning Grant for WWTP ExpansionCity of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 REPORT TO: Mayor and City Council FROM: Jim Hansz, Director of Public Works SUBJECT: DNRC Resource Planning Grant For W WTP Expansion MEETING DATE: March 4, 2002 BACKGROUND: Facility Plan 2000 for the City's water, sewer, storm drainage and wastewater treatment facilities identified a large number of urgently needed facility improvements. The planning study also concluded that the City's wastewater treatment plant should be expanded to accommodate growth approximately five years sooner than originally anticipated when it was designed many years ago. In response to this, the City Council directed staff to begin work immediately on the first phase of planning and preliminary engineering necessary to define the new facility. This will produce a Preliminary Engineering Report (PER) that will guide the final design and support the future solicitation of grants and loans to fund the construction. Work on the PER will be done via amendment of the current Facility Plan 2000 contract with HDR and Morrison Maierle. The amendment is being developed at this time. For the interim to meet DNRC deadlines, Morrison Maierle prepared and submitted on behalf of the City an application to DNRC for a Resource Planning Grant to offset part of the cost of the PER. We have been notified by DNRC that the City has been awarded a $10,000.00 grant for this work. RECOMMENDATION: Staff recommends Council accept this grant and authorize the City Manager to sign the DNRC grant agreement, copy attached. ACTION REQUESTED: MOTION ACCEPTING THE DNRC PLANNING GRANT AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT. FISCAL EFFECTS: Eventual expenditure of $10,000.00 in grant funds and additional W WTP funds, currently estimated at $95,000.00, for preparation of a Preliminary Engineering Report. ALTERNATIVES: As recommended by the City Council. ,>,v4elyitt ..of PublicWor Ci Engineer Attachment: DNRC Grant Chris A. Kukulski City Manager Report compiled February 25, 2002 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION JUDY H. MARTZ, GOVERNOR (TOTF- DIRECTOR'S OFFICE (406) 444-2074 TELEFAX NUMBER (406) 444-2684 January 23, 2002 James Hansz City of Kalispell PO Box 1997 Kalispell MT 59903 1625 ELEVENTH AVENUE PO BOX 201601 HELENA, MONTANA 59620-1601 RE: Grant Agreement No. RPG-02-0078 City of Kalispell - Preliminary Engineering for Wastewater System Improvements Dear Mr. Hansz; Enclosed are two original Grant Agreements for signature. Please have both signed where indicated and return both to me for execution by the Department of Natural Resources and Conservation. A fully executed original will be returned to you when completed. You may call me at 444-6839 with any questions or concerns that you have. Respectfully, Pam Smith Program Specialist cc: Scott Murphy, Morrison & Maierle w11 Encls (2) Project Planning Grant Agreement Conservation and Resource Development Division Montana Department of Natural Resources and Conservation Project Sponsor: City of Kalispell Project Name: Preliminary Engineering for Wastewater System Improvements Agreement Number: RPG-02-0078 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. Indemnity and Liability ❑ Section 13. Compliance with Applicable Laws ❑ Section 14. Copyright - Government Right to Use ❑ Section 15. Failure to Comply ❑ Section 16. Assignment and Amendment ❑ Section 17. Montana Law and Venue Section ❑ Appendix - Final Report Format ❑ Certificates of Final Completion MONTANA RENEWABLE RESOURCE PROJECT PLANNING GRANT AGREEMENT THIS GRANT, approved, appropriated, and awarded by the 57� Montana Legislature in House Bill 6 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 the City of Kalispell, PO Box 1997, Kalispell, MT 59903-1997, Federal Tax ID Number 81-6001281, hereinafter referred to as the Project Sponsor and represented by, James Hansz, (406) 758-7720, 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 preliminary engineering costs associated with wastewater system improvements. SECTION 2. TERM. The Project Sponsor shall have until May 30, 2003, to complete the project and work described in Section 4, Project Scope. The 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. The 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 Program. Upon request from the Project Sponsor or its agent, the DNRC will explain or clarify the terms and conditions of this Grant award and may provide limited technical assistance. The 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 the DNRC's liaison, Pam Smith at (406) 444-6839, P.O. Box 201601, 1625 East Eleventh Avenue, Helena, Montana, 59620-1601. All requests, information, and assistance shall be submitted to the DNRC liaison ! designee. SECTION 4. PROJECT SCOPE. The Project Sponsor shall use this Grant pursuant to SECTION 7, to pay for 50% of the following preliminary engineering costs up to the maximum amount under this Agreement: to complete the following tasks: (1) Prepare and submit to DNRC or its designee by October 31, 2002 a draft Preliminary Engineering Report as defined in and required by the most current edition of the Uniform Application Supplement for Montana Public Facility Projects for wastewater system improvements. This report shall be prepared by a registered professional engineer licensed to practice in his or her area(s) of competence and expertise in the State of Montana. (2) Prepare and submit to DNRC or its designee by May 30, 2003, a final Preliminary Engineering Report which reflects any comments on the draft made by DNRC or its designee stating that the Project Sponsor has provided a 50% match for all engineering costs incurred in preparation of the Preliminary Engineering Report in accordance with the budget included in Section 5, below. A final statement showing the sources and uses of funds shall be attached. SECTION 5. PROJECT BUDGET. Grant funds are allocated as follows: (1) Sources of Funds: DNRC Project Planning Grant $ 10,000 Project Sponsor Total Project Cost 85,000 $ 95,000 (2) Use of Funds: Contracted Professional Services $ 95,000 Total $ 95,000 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. Renewable Resource Grant and Loan Program 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 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 the DNRC. Receipts, vendor invoices, inspection certificates, and other documentation of costs incurred shall be submitted with the claims. The DNRC will verify the claims and check them against the Reports required in Section 8 and the Budget provided in Section 5. The 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 Preliminary Engineering Report. It is not expected that the document will be complete; however, it must show clearly that all applicable items required in the technical feasibility narrative requirements of the most current Renewable Resource Grant application are being addressed and that the consultant is proceeding toward the preparation of a complete and acceptable final product. The balance of the grant shall be payable within 30 days of receipt of an approved final Preliminary Engineering Report. The final version shall be complete and shall address all requirements for the Technical feasibility section of the most current Renewable Resource Grant application. Prior to final payment, the Project Sponsor shall provide a letter of certification to DNRC stating that the Project Sponsor has provided a 100% cash match for all grant funds expended in preparation of the preliminary engineering analysis and Final Technical Report. A financial statement showing the sources and uses of funds shall be attached. Total payment for all purposes under this Grant shall not exceed $10,000. No DNRC grant funds will be made available for this project until all co-sponsors matching grant and loan funds have been committed to the project. The Project Sponsor prior to any grant funds being disbursed must provide documentation of these commitments to the Department. SECTION 8, REPORTS. Quarterly progress reports for the periods ending each March, June, September, and December shall be submitted to the 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 the 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. The 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. The DNRC or its agents may monitor and inspect all phases and aspects of the Project Sponsor's performance to determine compliance with Section 4.0, Project Scope, and other technical and administrative requirements in this Agreement, including the adequacy of records and accounts. The 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. The DNRC is not an owner or general contractor for the project, and the 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 the DNRC. The Project Sponsor, its employees, and contractors are not covered by the Workers' Compensation laws applicable to the 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. SECTION 12. INDEMNITY AND LIABILITY. The Project Sponsor shall defend, indemnify and hold harmless the 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 13. 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 the DNRC or other State agency will be approved. SECTION 14. 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 15. FAILURE TO COMPLY. If the Project Sponsor fails to comply with the terms and conditions of this Grant, or reasonable directives or orders from the DNRC, the 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 Renewable Resource Grant and Loan Program. SECTION 16. 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 17. 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. By: City of Kalispell Date DNRC Date