HomeMy WebLinkAboutMDOC - TSEP ApplicationsM NTANA
Department of Commerc
COMMUNITY DEVELOPMENT DIVISION
CITY OF LAUREL
May 27, 2004
Kenneth Olsen, Jr
City of Laurel
PO Box 10
Laurel, MT 59044
Dear Mr. Olsen:
This letter is to acknowledge that the Montana Department of Commerce (MDOC) has received
your application to the Treasure State Endowment Program (TSEP). The program received 47
applications requesting approximately $18.8 million in TSEP grant funds to be awarded by the
2005 Legislature. I have enclosed a list of the applications received by the program and the
amount each has requested. At this point, we are projecting that approximately $17 to $18
million will be available for grants. However, we will not know how many projects we will
recommend for funding until we will receive the official projections by the Legislature's Revenue
Oversight Committee in November.
The Department has contracted with eight engineering firms to perform an evaluation of the
preliminary engineering information included in the TSEP applications. I have enclosed a copy
of the guidelines that provides direction to MDOC's consulting review engineers for evaluating
and scoring the TSEP applications. We believe that the process that MDOC/TSEP uses to
evaluate and score applications, keeps the process as fair and equitable as possible, and
reduces to a negligible level any concerns regarding the appearance of conflict of interest. The
attachments to the guidelines were not included because of the number of pages; however, any
of the attachments will be provided upon request.
Our consulting engineers will be evaluating the technical aspects of your application (the
preliminary engineering) and preparing a report that will be used as the basis for scoring
statutory priorities #1 and #-3. A draft report will be mailed to you on July 26th to provide you
with an opportunity to point out any misinterpretations of the facts or to identify something that
the review engineer may have overlooked. However, you will not be allowed to introduce any
new matedal that was not previously submitted with the application. In addition, our staff
engineer will also be reviewing each of the draft reports and may request that a review engineer
take a second look at a project if it appears that the review engineer failed to adequately
evaluate the application. If that occurs, the review engineer will be requested to submit a
revised report in the least amount of time possible, and the revised draft report will be sent to
you, Any comments that you may have on the draft report must be received by MDOC no
later than Au,qust 16TM. You should ensure that your project engineer is available dudng this
time period to review the report and provide comments. Your engineer's failure to be available
to review the draft report will not be grounds for an extension of time.
The MDOCFFSEP ranking team will meet between September 7th and 13th, to score statutory
priorities #4 through #7. On September 14th, our consulting engineers and the MDOC staff Will
meet as a group to score statutory priorities #1 and #3 for the bridge applications. All of the
other t~pes of projects will have statutory priorities #1 and #3 scored on September 15th through
the 17% All of these scoring sessions are open to public observation. However, absolutely no
comments by the public will be permitted during the project discussion and scodng process. We
encourage you, and especially your project engineer, to observe the scoring of statutory
priorities #1 and #3. This is a good learning opportunity for engineers with regard to how to
properly conduct a preliminary engineering study.
The Department's recommendations will be presented to the Governor in October. Once the
Governor approves the recommendations the results will be mailed to all applicants. The
Governor's recommendations will be presented to the 2005 Legislature, where the final award
decision will be determined. In the past, the Legislature has held a hearing on each application
and applicants have had the opportunity to provide testimony on their project. We assume that
the Legislature will continue with this practice and we recommend that you plan to attend and
speak on behalf of your project.
My compliments to you for the hard work and commitment, you have put into your TSEP
application. If you have any questions about the TSEP ranking process, you can call m~ at 841-
2785 or email me at jedgcomb2state.mt.us.
Sincerely,
Treasure State Endowment Program
c: Crystal Bennett
Enclosures: List of TSEP Applications
TSEP Technical Engineering Review Guidelines
2004 TREASURE STATE ENDOWMENT
APPLICATIONS
Bearcreek, Town of W $249,787 $496,575
Beaverhead County Bridge $84,886 ,$169,772
Big Horn County Bridge $142,500 $285.008
Bigfork County W&S Distdct WW $500,000 $729,000
' Carbon County Bridge $97,100 $194,200
Carter Chouteau County W&S
Dist W `$$500, 00O $1,246,600
Cascade, Town of W $500:000 $1,283,500
Chester WW $200,000 $4131950'
Choteau, Town of W $500,000 $2,400,000
Circle, Town of WW $500,000 $1,574,150
City of Laurel WW $500,000 $1,033,000
Conrad, City of WW $500,000 $1,697,700
Crow Agency, Town of WW $500,000 $1,922,000
Custer Area-Yellowstone
County W&S District WW $500,000 $1,359,816
Dodson VWV $427,500.00 $1,058,862
Ennis, Town of WW $204,894 $409,788
Fairfield, Town of WW $500,000 $I ,813,800
Glacier County Bridge $500,000 $1,880,418
Glasgow, City of WW. $500,000 $1,607,90C
Havre, City of W $500,000 $1,150,000
Hill County Brid~e $450,750 $901,59F~
Hysham, Town of W $470,920 $924,719
Lewis & Clark County WW $299,802.41 $1,094,505.50
Libby, City of WW $500,00C $2,540,000
Madison County Bridge $179,911 $359,822
Malta Wastewater~l $500,000 $4,791,000
Miles City, City of £50~ r)on ~ ~-7 nnn
Shelby, Town of W ,$500.000 $1.100,000
Sheridan, Town of W $5001000 $I ,56~ ,400
Spring Meadows County
Water District W $500,000 ~1,024.700
St. ignatius,Town of WW $500.000 $3,919,000
Stiitwater County Bridge $399,853 $799,706
sun Prairie Village County
W&S District W $500,000 $1.373.000
Sweet Grass County Brid~e $144,989 $289,978
Upper-Lower River Road W&S
District (Phase 2) W/WW $500,000 $2,907,700
Valier, Town of .... WW __ $500,000~ · $1,919,O1}e
Whitefi§h, City of W ~457,500 $915,000
Woods Bay Homesites Lake
County W&S District W $500,000 $1,258,125
Yellowstone Co Bridge $187,800 $375,600
"I'OTALS $18,801,674 $62,681,042
GUIDELINES FOR THE TECHNICAL ENGINEERING REVIEW OF APPLICATIONS
SUBNtII-I'ED TO THE TREASURE STATE ENDOWMENT PROGRAM (TSEP) AND
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) IN 2004
GENERAL GUIDANCE TO REVIEW ENGINEERS
Failure to follow these guidelines may result in the Montana Department of
Commerce (MDOC) not continuing to contract with your firm to review TSEP/CDBG
applications.
The technical review of the TSEP/CDBG applications is required to be performed by
professional engineers (PE). This includes any repor[s prepared, or comments to be
provided, by the engineering firm during the process.
Engineering firms participating in the review 6f TSEP/CDBG applications will be pm~/ided
a list of the applications. Each ~rm must review the list and provide information about
potential conflicts of interest for each application. The engineer that is the liaison for the
firm should ensure that the information provided to MDOC reflects the potential conflicts
of interest for all persons employed by the firm, including those in other office~.
The information provided to, and the work performed by, review engineers should be
treated as confidential until the Go. mcr has approved the MDOC recommendations.
The Department will disseminate any information about the engineering review or ranking
process.
Under no cimumstances, should the review engineers discuss the application or
preliminar~ engineering report with anyone without pdor MDOC approval, except for the
TSEP/CDBG staff, state or federal agencies that are being consulted about the project,
or other individuals in the same engineering firm that are also involved in the review. In
particular, review engineers should not contact the applicant, or other individuals or firms
that may be involved with the project and speaking on behalf of the applicant, without
prior approval of MDOC staff.
If there appears to be key information missing (for example, information referenced in the
analysis but not included in the appliqation) or information that needs to be clarified, the
review engineer should consult with the TSEPICDBG staff as to whether it is appropriate
to obtain additional information.
Do not write any comments in the application since it ~ill be returned to MDOC upon
completion of the review; applications are frequently loaned to communities as examples.
Highlighting text is okay and comments can be written on sticky notes if attached so that
they are visible without opening the document.
Review engineers evaluating water, sewer, and solid waste projects must consult with
the appropriate state, federal or other expert agencies (DEQ for example) to verify and
clarify the seriousness of the problems presented in the application. The review
engineer must include in the ~rftten report any comments provided by the agencies
consulted. Review engineers evaluating bddge projects should perform a quick check of
MDT's NBI inspection data base.
Review engineers must review a project summary prepared by the TSEP/CDBG staff
and correct as necessary. Attachment A is an example of the project summary that will
be prepared by MDOC.
1 0. Review engineers must review the O&M practices of the applicant (for water and
wastewater systems based on DEQ's records and staff comments, and for solid waste
and bddge projects based on the review engineer's experience), and prepare an analysis
of those practices. This information is for the purpose of MDOC scoring Statutory Priority
~u,. Attachment B is an example of the type of report on the O&M practices of the
applicant to illustrate the level of detail required.
Review engineers must prepare a detailed technical review report that discusses the
deficiencies of the system as presented in the preliminary engineering report (PER), and
an analysis of the quality of the PER itself and whether it provides the required
information. In preparing the report, the review engineen should look not only at the PER
itself, but also at any response that the applicant provided to TSEP's Statutory Prfodty #1
/ CDBG's Cdtedon #2 - Need for Project and TSEP's Statutory Priodty #3 / CDBG's
Criterion #3 - Project Concept and Technical Design. The technical review report should
describe any information that was not included in the PER and the reason it is required in
the opinion of the review engineer. Attachment C and D are examples of technical
review reports to illustrate the level of detail expected. The department will provide the
blank report format. Once the review team has scored the applications at the meeting in
September, the review engineer will add concluding paragraphs for each of the two
cdteda being scored that summarizes the seriousness of the deficiencies and the quality
of the PER, and add the score level assigned by the review team.
12. A draft of the technical review report of an applicant's PER will be provided to the
applicant by MDOC for their review and comments late in July, prior to being scored.
There should not be any reference on the draft as to the name of the review engineer or
the firm that drafted the review. The review engineer should provide the concluding
paragraph, in the draft report, for TSEP's Statutory Priority #1 for bddqe proiects only,
and only if the score is based upon a sufficiency rating. In the draft reporL rather than
stating "Based on TSEP Scodng Criteria for Bridges, the b~dge is scored at," state
instead "Based on TSEP Scodng Criteria for Bddges, the bddge should be scored aL"
Also, in TSEP's Statutory Priodty #1 for water and wastewater proiects, and for bridge
projects that are not scored based on a sufficiency rating, the review engineer should
respond tQ the first sentence of the Summary Standard Paragraph which reads.' There
are various deficiencies that could affect the public's health and safety, including: __
(briefly summarize the types of deficiencies). Do not include any further language from
the standard paragraphs until after the review team has scored the applications at the
meeting in September.
13. The applicant will not be allowed to introduce any information not previously provided in
the preliminary engineering report submitted with the application, but maypoint out
information apparently missed or misunderstood. Review engineers will be expected to
revise their report in order to take into account the comments ofthe applicant, or include
within the report, where appropriate, why the review engineer did not make changes
because he/she disagrees with the comments submitted bythe applicant. Any
explanations of why comments were mot changed should be italicized. Review engineers
will distribute the revised draft report to MDOC and all of the other review engineers pdor
to the meeting in Septembe~
14. Any engineering review of a project that will address more than one type of eligible
project (for example, water and wastewater, or multiple bridges) will require that TSEP
Statutory Priority #1 / CDBG Criterion #2 - Need for Project, be reviewed as separate
projects using a single review form. In otherwords, each distinctly different project will
need to have specific comments explaining the scope of the problem.
15. The review engineer will not assign a score pdor to the scorfng process, but should have
a verbal recommendation ready for the scoring process. The recommendation must be
based on the defined scoring levels. Attachment E p~ovides some guidance for the
scoring of TSEP Statutory Pdority #3 / CDBG's Criterion #3 - Project Concept and
Technical Design by describing a model PER.
16.
17.
Follow the format style for paragraphs, indents, etc. as show in the technical review
report examples. Use Arial 11 font. Do not bold comments. Use bullets instead of
numbers when making a list.
Use the standard paragraphs for summaries as found in the technical review report
examples. Select the appropriate summary for the score level assigned and modify as
necessary. Remember, the summary will not be added to the report until after a score
level has been assigned at the meeting in September
18. Upon completion of the scodng of applications in September, review engineers will revise
their report in order to reflect the discussion of the project at the meeting and the score
level assigned by the group. Review engineers must submit an etectrenic copy to MDOC,
either on a computer disk or sent by Emair, of the final wdtten report.
PARTICIPATION IN THE SCORING PROCESS
The scoring process that will take place at the meeting in Septemberis open to public
observation. Applicants, along with their consultants, will be invited to observe.
However, no one except for MDOC staff and the review engineers will be allowed to
participate in the scodng process.
At the meeting, review engineers (PE) must be prepared to explain and discuss the
eng?eedng review(s) prepared by them.
At a minimum, there must be at least one engineer (PE) from each engineering firm that
will be present throughout the entire process to provide comments. This is to ensure
consistency in the process. Only one engineer from each firm will be allowed to provide
comments on any particular application.
Review engineers that are only in attendance to explain their review should limit their
comments to explaining the review of their assigned application(s) and answering
questions about the review or project.
Each firm is expected to ask appropriate questions and provide comments on each
application, in order to preclude one or two engineers from wielding an excessive amount
of influence on the scoring process, and to ensure that diverse opinions are being
voiced.
3
After the review engineers and MDOC staff finishes discussing the application, an MDOC
staff member will recommend a score level based upon the discussion. The review
engineers will then either agree or disagree with MDOC's conclusion. If the review
engineers disagree, they will need to justify why they disagree with MDOC's conclusion
and the score level will be discussed until there is a consensus of the group. Ultimately,
MDOC is responsible for the final scores that are assigned to applications, and therefore,
reserves the dght to adjust these scores based on any additional factors that may need
to be taken into account.
7. If a participating review engineer has prepared the applicant's preliminary engineering
report that is being discussed, that review engineer, and any other review engineers
employed by the same firm, will not be permitted to speak on behalf of their work or the
applicant, or participate in the discussion orscodng of the project. This requirement
ensures that every application is treated equally, since applicants not represented bya
review.engineer have no~pportunity to provide additional input in order to cladfy issues.
It is cdtical for MDOC to be able to ensure all applicants, that the applications and/or
preliminary engineering report prepared by review engineers participating in the scoring
process are not given any additional advantage in the process. If the engineer, or any
other engineer from that firm, attempts to interject their comments, they will first be
reminded of the policy, and if they persist, will be asked to leave the room for the
remainder of the discussion on that application.
The review team should only consider the information provided in the application, and
should not analyze a particular issue based on personal experience or knowledge of a
particular project.
9. The review team should be careful about establishing standards or expectations beyond
what is typically required in a PER.
10. The scodng of TSEP's Statutory Priority #1 / CDBG's Cdtedon #2 - Need for Project on
applications that will address more than one type of eligible project (for example, water
and wastewater, or multiple bddges) will be based on health and safety problems of the
individual projects (or bridges). If the quality of the engineering analysis differs for the
different projects, TSEP's Statutory Priority #3 / CDt3G's Cdtedon #3 - Project Concept
and Technical Design will also be scored separately for each project. The final score
assigned will be an average of the individual scores considering the proportional cost
that each project represents of~he total project cost~
11. The entire meeting will be recorded.
THE TECHNICAL REVIEW TIMETABLE
Engineering firms will be provided a list of TSEP applications by May 14, 2004. The list
must be reviewed for potential conflicts of interest and returned to MDOC no later than
M~y 19.
Engineering firms must meet with TSEP/CDBG staff on May 26 to review MDOC's
requirements and be assigned TSEP applications for review.
4
Engineering firms will be provided a list of CDBG applications, not already assigned
during the earlier process, by June 4. -Fne list must be reviewed for potentiaI conflicts of
interest and retumed to MDOC no later than June 9. "]-ne additional CDBG applications
will be sent to engineers by June 16.
MDOC will provide a project summary to the review engineers by July 9, and it must be
returned to MDOC, with any corrections, no later than July 23.
Review engineers must provide a description of the applicant's O&M practices to MDOC
no later than July 23.
6. Review engineers must provide a copy of the draft engineering review to MDOC no later
than July 23.
7. Comments fi-om the applicant will be returned to the review eng neers on Au~t~.~t~:~Z~
8. The revised draft must be distributed to MDOC and the other review engineers no later
than August 30.
9. Engineers reviewing bridqe applications will meet on September 14 to score projects. All
other projects will be scored September 15 through 17.
10. Review engineers must submit theirfinal reports no later than September 30, 2004.