HomeMy WebLinkAboutResolution No. R19-72I 390=111I1, III 1 � ��i L3r7►a
A RESOLUTION OF THE CITY COUNCIL APPROVING A CONTRACT
BETWEEN THE CITY OF LAUREL AND THE MONTANA DEPARTMENT OF
JUSTICE NATURAL RESOURCE DAMAGE PROGRAM.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section l: Approval. The Contract between the City of Laurel and the Montana
Department of Justice Natural Resource Damage Program for design and construction of a
campground at Riverside Park, included in the Yellowstone River recreation project priority
plan.
Section 2: Execution. The Mayor of the City of Laurel is hereby given authority
to accept and execute the Contract on behalf of the City.
Section 3: Effective date. The effective date for the attached Contract is hereby
approved upon approval by the City Council.
Introduced at a regular meeting of the City Council on September 24th, 2019, by Council
Member Wilke.
PASSED and APPROVED by the City Council of the City of Laurel this 24th day of
September 2019.
APPROVED by the Mayor this 24th day of September 2019
CITY OF LAUREL
— f
Thomas Nelson, Mayor
Approved to
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Sam Painter, Civil City Attorney
R19-72 Approve DOJ NRDC Contract 700122
Contract 700122
Task Order 2
Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP
TASK ORDER 2
City of Laurel Riverside Park Campground
This Task Order is entered into between the Department of Justice, Natural Resource Damage
Program (NRDP) and the City of Laurel (Contractor), as authorized by NRDP Contract No.
700122 (Agreement).
1. PURPOSE
The purpose of this Task Order is to make the funds authorized for the design and construction
of a campground at Riverside Park, included in the Yellowstone River recreation project priority
plan available.
A Scope of Work is detailed further in Attachment A. Any changes to Scope of Work tasks require
written approval of the NRDP Project Manager.
2. EFFECTIVE DATE AND PERIOD OF PERFORMANCE
This Task Order will take effect upon the signature of both parties and terminate on December
31, 2020, unless terminated earlier in accordance with the terms of this Task Order (Mont. Code
Ann.§ 18-4-313).
3. COMPENSATION
In consideration for the services to be provided, the NRDP will pay Contractor an amount not to
exceed $61,150, as estimated in the budget for this Task Order. Contractor has a match of
$5,000, which is separate from and additional to NRDP funding for the project. The Contractor
may not submit invoices seeking reimbursement or other funding from NRDP for any costs
covered by match funds or expected to be separately reimbursed by match funds.
Contractor will submit monthly invoices conforming to Agreement requirements, as well as
Contractor's name, address, and Agreement and Task Order numbers, to NRDP for costs actually
incurred, unless no work was performed during the billing period. Invoices of subcontractors will
be submitted without mark-up by Contractor. Progress reports will be submitted with all
invoices (including subcontractor invoices) that clearly identify the work performed, including
hours, dates and personnel. Contractor must not exceed the costs specified in this section
without prior written authorization in the form of a fully executed task order modification.
NRDP has thirty (30) days to pay invoices, as allowed by 17-8-242, MCA. Contractor will
submit invoices to the Natural Resource Damage Program, P.O. Box 201425, Helena, MT
59620-1425, or by email to: DOJNRDPInvoice&,,mt.gov.
Page 1 of 5
Contract 700122
Task Order 2
Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP
4. SUBCONTRACTING
Contractor will utilize its existing term contract for engineering services to perform project
design. Contractor will procure a licensed construction contractor for the work in accordance
with the terms of Title 18, Chapter 2, MCA, and other applicable procurement laws and
regulations for public works.
NRDP must pre -approve in writing of any services to be performed by a subcontractor or any
supplies to be procured by Contractor. Contractor is responsible to State for the acts and
omissions of all subcontractors or agents and of persons directly or indirectly employed by such
subcontractors, and for the acts and omissions of persons employed directly by Contractor. All
Contractor procurement of subcontractors and supplies must comply with applicable Montana
procurement laws and regulations. Prior to obtaining any subcontracted services or supplies in
the amount of $5,000 or more, Contractor must obtain NRDP's written approval of the
procurement method, subcontractor, subcontract, the subcontract price, the subcontractor
agreement, and, as applicable, labor rates, overhead rates and any subcontractor fee. Contractor
must use an NRDP-provided template or form for the procurement. Contractor must submit
documentation of the NRDP-approved procurement with the invoice that includes subcontractor
costs or supplies. NRDP may require documentation of publication of the procurement and
submittal of forms, as applicable.
5. PROJECT MANAGERS AND SERVICE OF NOTICES
A. The Project Manager identified below will manage the day-to-day project activities on
behalf of the NRDP.
The Project Manager for this Task Order is:
Alicia Stickney
1720 9th Ave
Helena, MT 59601
Phone: (406) 444-1346
E-mail: aliciastickney@mt.gov
B. The Contractor Project Managers identified below will manage the day-to-day project
activities on behalf of the Contractor.
The Contractor Project Managers for this Task Order are:
Kurt Markegard
City of Laurel
P.O. Box 10
Laurel, MT 59044
Phone: (406) 860-5785
E-mail: kmarkegard@laurel.mt.gov
Page 2 of 5
Contract 700122
Task Order 2
Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP
Matt Wheeler
City of Laurel
P.O. Box 10
Laurel, MT 59044
Phone: (406) 208-1885
E-mail: mwheeler@laurel.mt.gov
C. Written notices, reports, and other information required to be exchanged between the
parties must be directed to the respective Project Managers.
6. EXECUTION.
The parties through their authorized agents have executed this Task Order on the dates set out
below.
STATE OF MONTANA
DEPARTMENT OF JUSTICE
NATURAL RESOURCE DAMAGE PROGRAM
Harley Harris
Program Manager
1720 9th Ave, PO Box 201425
Helena, MT 59620
Approved for legal content by:
Thad Adkins
NRDP Legal Counsel
CITY OF LAUREL
Thomas C. Nelson
Mayor
P.O. Box 10
Laurel, MT 59044
Page 3 of 5
Date
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Date t f
Contract 700122
Task Order 2
Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP
ATTACHMENT A
SCOPE OF WORK
City of Laurel Riverside Park Campground
PURPOSE
The purpose of this task order scope of work is to outline tasks necessary for the Contractor to
design, bid and provide construction oversight for development of a campground at Riverside
Park in Laurel, Montana. This task will partially implement the Yellowstone River Recreation
Project Priority Plan, developed as part of the Final Programmatic Damage Assessment and
Restoration Plan and Final Programmatic Environmental Assessment for the Exxonmobil
Pipeline Company July 1, 2011 Yellowstone River Oil Spill (Restoration Plan).
BACKGROUND
The City of Laurel (Contractor) proposed to design and build a campground, including
installation of camping spots, sanitation facilities, picnic facilities, parking improvement, a trail,
tree and shrub plantings, lighting, and other associated components as part of the preparation of
the recreation project priority plan. The Recreation Project Priority Plan was completed as part
of the implementation of the final Restoration Plan prepared by the U.S. Department of the
Interior, through the Bureau of Land Management and U.S. Fish and Wildlife Service, and the
State of Montana through the Department of Justice Natural Resource Damage Program
(NRDP). The priority plan identifies preferred recreation projects and funding amounts to meet
the restoration plan goal of providing additional recreational human use opportunities to offset
those lost due to the July 1, 2011 ExxonMobil Pipeline Company Yellowstone River Oil Spill.
These projects were approved by Governor Bullock on May 30, 2018 as part of the Yellowstone
River Recreation Project Priority Plan. The purpose of this task order is to make the approved
funds available to the City of Laurel for the project.
TASKS
Contractor will perform the following tasks:
Task 1: Contracted Engineering Campground Design and Oversight
Contractor, will design and oversee the construction of the Riverside campground development.
The development of the design will include the following steps: 1) topography and boundary
survey, 2) schematic design, 3) design development and construction documents. Contractor
will provide schematic design development and construction bidding documents to NRDP for
review prior to advertisement for bids, to ensure project meets the requirements of the Recreation
Page 4 of 5
Contract 700122
Task Order 2
Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP
Project Priority Plan and Final Restoration Plan, and complies with applicable provisions of state
procurement law and regulation.
Contractor will perform an open and competitive bidding process and any award will be made
based on the lowest price offered by a responsive and responsible bidder.
Contractor will perform construction oversight of the construction contractor until completion of
the work and final payment of the construction contract. Contractor will provide NRDP with a
construction completion report that describes, at a minimum, the project, location, brief
description of procurement, identification of contractors (including engineer and/or oversight
personnel), description of construction activities, dates and amounts of payments, weather days,
bond claims, unusual or unanticipated circumstances, and dates of substantial completion and
final payment.
Task 2: Progress Reporting
Contractor will prepare monthly Progress Reports to accompany each invoice. Contractor will
only prepare reports when work occurs during the monthly reporting period.
SCHEDULE AND DELIVERABLES
Contractor will provide deliverables to NRDP according to the following schedule:
1. One (1) electronic schematic design by October 15, 2019.
2. One (1) electronic design drawings and specifications (bidding documents) to NRDP by
January 15, 2020.
3. One (1) electronic version of the construction completion report.
4. One (1) electronic version of each Progress Report, due with each invoice.
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