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HomeMy WebLinkAboutCity Council Packet 05.25.2021 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, MAY 25, 2021 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R21-32 NEXT ORD. NO. O21-04 WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will attend the Laurel City Council meetings often . Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approval of the Minutes of May 11, 2021. Correspondence 2. Beartooth RC&D May 2021 Correspondence 3. Reappointment Letter for Ron Benner to the City-County Planning Board. Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enact ed with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 4. Claims entered through May 21, 2021. 5. Approval of Payroll for PPE 5/16/2021 totaling $193,827.66. Ceremonial Calendar Reports of Boards and Commissions 6. Budget/Finance Committee Minutes of April 27, 2021. 7. Library Board Minutes of March 9, 2021. 8. Library Board Minutes of April 13, 2021. 9. Park Board Minutes of May 6, 2021. 10. Public Works Committee Minutes of April 19, 2021. 1 Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 11. Resolution No. R21-32: Resolution Authorizing The Mayor And City Clerk To Utilize Available Revenue In The City’s Water Fund To Prepay And Retire DNRC Loan WRF-09138. 12. Resolution No. R21-33: Resolution Authorizing The Mayor And City Clerk To Utilize Available Revenue In The City’s Water Fund To Prepay And Retire DNRC Loan WRF- 03048R. 13. Resolution No. R21-34: Resolution Authorizing The Mayor And City Clerk To Utilize Available Revenue In The City’s Sewer Fund To Prepay And Retire DNRC Loan SRF-10234. 14. Resolution No. R21-35: A Resolution Approving The Agreement Between The City Of Laurel And The Laurel Airport Authority, Said Agreement Relating To Fire Protection 15. Resolution No. R21-36: A Resolution Approving Agreements Between The City Of Laurel And Laurel Fire District No. 8 Relating To Fire Protection. 16. Resolution No. R21-37: A Resolution Approving Agreements Between The City Of Laurel And Laurel Fire District No. 5, Said Agreements Relating To Fire Protection 17. Resolution No. R21-38: A Resolution Approving An Agreement Between The City Of Laurel And Yellowstone Boys And Girls Ranch, Relating To Fire Protection. 18. Resolution No. R21-39: A Resolution Approving Agreements Between The City Of Laurel And The Laurel Urban Fire Service Area (“LUFSA”) Said Agreements Relating To Fire Protection 19. Resolution No. R21-40: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With True North Contracting For The Supply And Installation Of Asphalt For A City Project. 20. Resolution No. R21-41: Resolution Awarding Western Municipal Construction The Contract For The City Of Laurel's 5th Avenue Waterline Re-Route Project And To Authorize The Mayor To Sign All Documents Relating To The Project On The City's Behalf. 21. Resolution No. R21-42: A Resolution Of The City Council Authorizing The Mayor And City Clerk To Sign A Memorandum Of Understanding With Yellowstone County To Share Project Costs For City/County Streets And Roads. 22. Resolution No. R21-43: Resolution Awarding Cop Construction The Contract For The City Of Laurel's Yellowstone River Water Crossing Project And To Authorize The Mayor To Sign All Documents Relating To The Project On The City's Behalf. 23. Resolution No. R21-44: A Resolution Approving Amendment No. 1 To The Previously Approved Task Order Authorizing Kadrmas, Lee & Jackson, Inc. To Provide Additional Services For The City Of Laurel’s H2s Remediation Improvements Project. 24. Resolution No. R21-45: A Resolution Of The City Council Approving A Task Order Between The City Of Laurel And KLJ Engineering Inc. To Authorize Service For The City Capital Improvements Plan (CIP). 25. Resolution No. R21-46: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With Canyon Electric For Electrical Work For The City’s Building Commonly Known As “Jaycee Hall” Located In Riverside Park. 26. Resolution No. R21-47: A Resolution Of The City Council Authorizing The Release Of Funds From The Tax Increment Financing District Fund For Façade Improvements And Building Repairs For The Property Located At 221 West Main, Laurel Montana. 2 Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 3 File Attachments for Item: 1. Approval of the Minutes of May 11, 2021. 4 5 6 7 8 File Attachments for Item: 2. Beartooth RC&D May 2021 Correspondence 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 File Attachments for Item: 3. Reappointment Letter for Ron Benner to the City-County Planning Board. 36 3 7 File Attachments for Item: 6. Budget/Finance Committee Minutes of April 27, 2021. 38 3 9 4 0 4 1 File Attachments for Item: 7. Library Board Minutes of March 9, 2021. 42 43 44 45 File Attachments for Item: 8. Library Board Minutes of April 13, 2021. 46 47 48 File Attachments for Item: 9. Park Board Minutes of May 6, 2021. 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 File Attachments for Item: 10. Public Works Committee Minutes of April 19, 2021. 68 69 70 71 72 73 74 75 File Attachments for Item: 11. Resolution No. R21-32: Resolution Authorizing The Mayor And City Clerk To Utilize Available Revenue In The City’s Water Fund To Prepay And Retire DNRC Loan WRF-09138. 76 R21-32 Payoff DNRC Loan #WRF-09138 RESOLUTION NO. R21-32 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO UTILIZE AVAILABLE REVENUE IN THE CITY’S WATER FUND TO PREPAY AND RETIRE DNRC LOAN WRF-09138. WHEREAS, in 2009 the City previously obtained a loan from the Montana Department of Natural Resources and Conservation (“DNRC”) Revolving Fund Program in order to finance and pay for a water system improvement project; and WHEREAS, the City successfully constructed and completed the water system improvement project and has been making payments on Loan WRF-09138 including principle and interest; and WHEREAS, the City Clerk and Mayor determined there are sufficient funds available in the City’s Water Fund to prepay the loan in its entirety which will save the City interest and improve the City’s capacity to obtain financing for other water projects; and WHEREAS, DNRC provided a payoff amount of $234,782.39 which will completely retire the debt; and WHEREAS, the City Clerk and Mayor are recommending the City Council’s authorization and approval of the proposed loan payoff since it appears to be in the City’s best interest at this time. NOW, THEREFORE, BE IT RESOLVED the City Council hereby resolves, authorizes, and approves the following: 1. Pursuant to the City Mayor and City Clerk’s recommendation, the City Council hereby authorizes and approves the use of the available funds in the City’s Water Fund to payoff the DNRC Loan #WRF-09138 in the amount of $234,782.39 as provided in the attached payoff statement; and 2. The Mayor and City Clerk are authorized to execute any documents required to effectuate the payoff authorized herein. Introduced at a meeting of the City Council on May 25, 2021, by Council Member _____________. PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 25th day of May 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: _______________________________ Sam Painter, Civil City Attorney 77 W R F - 0 9 1 3 8 S T A T E O F M O N T A N A FI N A L S C H E D U L E B 50 3 6 4 5 3 3 G E N E R A L O B L I G A T I O N B O N D S 99 9 C T L D X 4 D R I N K I N G W A T E R ( R E V O L V I N G F U N D P R O G R A M ) B O R R O W E R : La r u e l C i t y o f FI N A L L O A N P A Y M E N T : 1/ 1 / 2 0 2 9 P R O J E C T N A M E : W t r S y s I m p r o v e m e n t s TO T A L # O F L O A N P A Y M E N T S : 40 L O A N C O M M I T M E N T : $5 0 0 , 0 0 0 PR O J E C T N U M B E R : I N T E R E S T R A T E : 2. 7 5 % DA T E O F L O A N F U N D I N G : 3/ 3 / 2 0 0 9 PA Y M E N T # D A Y S AD M E X P E N S E IN T E R E S T PR I N C I P A L O/ S L O A N TO T A L DU E DU E SU R C H A R G E PA Y M E N T PA Y M E N T BA L A N C E PA Y M E N T 01 / 0 1 / 2 1 1 8 0 9 1 8 . 7 5 2 , 4 5 0 . 0 0 1 3 , 0 0 0 . 0 0 2 3 2 , 0 0 0 . 0 0 $ 1 6 , 3 6 8 .7 5 06 / 0 8 / 2 1 15 7 75 8 . 8 3 2 , 0 2 3 . 5 6 2 3 2 , 0 0 0 . 0 0 0 . 0 0 $ 2 3 4 , 7 8 2 . 3 9 Amount due 06/08/21 36 4 5 3 3 S B p a y o f f 0 6 . 0 8 . 2 1 5/13/2021 78 File Attachments for Item: 12. Resolution No. R21-33: Resolution Authorizing The Mayor And City Clerk To Utilize Available Revenue In The City’s Water Fund To Prepay And Retire DNRC Loan WRF-03048R. 79 R21-33 Payoff DNRC Loan #WRF-03048R RESOLUTION NO. R21-33 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO UTILIZE AVAILABLE REVENUE IN THE CITY’S WATER FUND TO PREPAY AND RETIRE DNRC LOAN WRF-03048R. WHEREAS, in 2003 the City previously obtained a loan from the Montana Department of Natural Resources and Conservation (“DNRC”) Revolving Fund Program in order to finance and pay for a water system improvement project; and WHEREAS, the City successfully constructed and completed the water system improvement project and has been making payments on Loan WRF-03048R including principle and interest; and WHEREAS, the City Clerk and Mayor determined there are sufficient funds available in the City’s Water Fund to prepay the loan in its entirety which will save the City interest and improve the City’s capacity to obtain financing for other water projects; and WHEREAS, DNRC provided a payoff amount of $333,238.13 which will completely retire the debt; and WHEREAS, the City Clerk and Mayor are recommending the City Council’s authorization and approval of the proposed loan payoff since it appears to be in the City’s best interest at this time. NOW, THEREFORE, BE IT RESOLVED the City Council hereby resolves, authorizes, and approves the following: 1. Pursuant to the City Mayor and City Clerk’s recommendation, the City Council hereby authorizes and approves the use of the available funds in the City’s Water Fund to payoff the DNRC Loan #WRF-03048R in the amount of $333,238.13 as provided in the attached payoff statement; and 2. The Mayor and City Clerk are authorized to execute any documents required to effectuate the payoff authorized herein. Introduced at a meeting of the City Council on May 25, 2021, by Council Member _____________. PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 25th day of May 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: _______________________________ Sam Painter, Civil City Attorney 80 WR F - 0 3 0 4 8 R 3 6 4 4 4 9 s b 9 9 C T L N 6 H 0 Re v i s e d F i n a l S c h e d u l e ST A T E O F M O N T A N A GE N E R A L O B L I G A T I O N B O N D S DR I N K I N G W A T E R (R E V O L V I N G F U N D P R O G R A M ) S E R 1 1 BO R R O W E R : L a u r e l PR O J E C T N A M E : W R F - 1 3 2 7 9 F I N A L L O A N P A Y M E N T : 1 / 1 / 2 0 3 2 LO A N C O M M I T M E N T : $ 1 , 5 8 0 , 0 0 0 # O F L O A N P A Y M E N T S : 2 1 LO A N A M O U N T : 1 , 5 8 0 , 0 0 0 P R O J E C T N U M B E R : IN T E R E S T R A T E : 2 . 2 5 % D A T E O F F U N D I N G : 1 2 / 6 / 2 0 1 2 PA Y M E N T L O A N L O S S AD M E X P E N S E I N T E R E S T P R I N C I P A L O / S L O A N T O T A L A M O U NT DU E R E S E R V E SU R C H A R G E P A Y M E N T P A Y M E N T B A L A N C E O F P A Y M E N T 17 1 / 1 / 2 0 2 1 5 1 2 . 5 0 1 , 5 3 7 . 5 0 2 , 5 6 2 . 5 0 8 0 , 0 0 0 . 0 0 3 3 0 , 0 0 0 . 0 0 $ 8 4 , 6 1 2 . 5 0 18 7 / 1 / 2 0 2 1 3 5 9 . 7 9 1 , 0 7 9 . 3 8 1 , 7 9 8 . 9 6 3 3 0 , 0 0 0 . 0 0 0 . 0 0 $ 3 3 3 ,2 3 8 . 1 3 Amount due 06/08/21 07 / 0 1 / 1 5 81 File Attachments for Item: 13. Resolution No. R21-34: Resolution Authorizing The Mayor And City Clerk To Utilize Available Revenue In The City’s Sewer Fund To Prepay And Retire DNRC Loan SRF-10234. 82 R21-34 Payoff DNRC Loan #SRF-10234 RESOLUTION NO. R21-34 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO UTILIZE AVAILABLE REVENUE IN THE CITY’S SEWER FUND TO PREPAY AND RETIRE DNRC LOAN SRF-10234. WHEREAS, in 2010 the City previously obtained a loan from the Montana Department of Natural Resources and Conservation (“DNRC”) Revolving Fund Program in order to finance and pay for a sewer system improvement project; and WHEREAS, the City successfully constructed and completed the sewer system improvement project and has been making payments on Loan SRF-10234 including principle and interest; and WHEREAS, the City Clerk and Mayor determined there are sufficient funds available in the City’s Sewer Fund to prepay the loan in its entirety which will save the City interest and improve the City’s capacity to obtain financing for other sewer projects; and WHEREAS, DNRC provided a payoff amount of $167,546.23 which will completely retire the debt; and WHEREAS, the City Clerk and Mayor are recommending the City Council’s authorization and approval of the proposed loan payoff since it appears to be in the City’s best interest at this time. NOW, THEREFORE, BE IT RESOLVED the City Council hereby resolves, authorizes, and approves the following: 1. Pursuant to the City Mayor and City Clerk’s recommendation, the City Council hereby authorizes and approves the use of the available funds in the City’s Sewer Fund to payoff the DNRC Loan #SRF-10234 in the amount of $167,546.23 as provided in the attached payoff statement; and 2. The Mayor and City Clerk are authorized to execute any documents required to effectuate the payoff authorized herein. Introduced at a meeting of the City Council on May 25, 2021, by Council Member _____________. PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 25th day of May 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: _______________________________ Sam Painter, Civil City Attorney 83 SR F - 1 0 2 3 4 S T A T E O F M O N T A N A Fi n a l S c h e d B 50 3 6 0 3 4 7 G E N E R A L O B L I G A T I O N B O N D S 99 9 9 C T M L 8 W A S T E W A T E R ( R E V O L V I N G F U N D P R O G R A M ) B O R R O W E R : La u r e l A R R A - B FI N A L L O A N P A Y M E N T : 7/1/2030 P R O J E C T N A M E : W a s t e w a t e r I m p r o v TO T A L # O F L O A N P A Y M E N T S : 40 L O A N C O M M I T M E N T : $3 5 9 , 3 0 0 PR O J E C T N U M B E R : L O A N A M O U N T : $3 5 9 , 3 0 0 DA T E O F L O A N F U N D I N G : 12/30/09 I N T E R E S T R A T E : 0. 7 5 % PA Y M E N T # D A Y S AD M E X P E N S E LO A N L O S S IN T E R E S T PR I N C I P A L O/ S L O A N TO T A L A M O U N T DU E DU E SU R C H A R G E SU R C H A R G E PA Y M E N T PA Y M E N T BA L A N C E OF P A Y M E N T 01 / 0 1 / 2 1 1 8 0 0 . 0 0 0 . 0 0 6 6 0 . 0 0 9 , 0 0 0 . 0 0 1 6 7 , 0 0 0 . 0 0 $ 9 , 6 6 0 . 0 0 06 / 0 8 / 2 1 15 7 0. 0 0 0 . 0 0 5 4 6 . 2 3 1 6 7 , 0 0 0 . 0 0 0 . 0 0 $ 1 6 7 , 5 4 6 . 2 3 Due by 06/08/21 36 0 3 4 7 s b p a y o f f 0 6 . 0 8 . 2 1 5/13/2021 84 File Attachments for Item: 14. Resolution No. R21-35: A Resolution Approving The Agreement Between The City Of Laurel And The Laurel Airport Authority, Said Agreement Relating To Fire Protection 85 R21-35 Fire Agreement with Laurel Airport Authority RESOLUTION NO. R21-35 A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF LAUREL AND THE LAUREL AIRPORT AUTHORITY, SAID AGREEMENT RELATING TO FIRE PROTECTION BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Agreement between the City of Laurel and the Laurel Airport Authority, relating to fire protection for the fiscal year 2021-2022, a copy attached hereto, is hereby approved. Section 2: Execution. The Mayor and the City Clerk/Treasurer of the City of Laurel are hereby given authority to execute said agreement on behalf of the City. Introduced at a meeting of the City Council on May 25, 2021, by Council Member _______. PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 25th day of May 2020. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: _______________________________ Sam Painter, Civil City Attorney 86 8 7 88 89 File Attachments for Item: 15. Resolution No. R21-36: A Resolution Approving Agreements Between The City Of Laurel And Laurel Fire District No. 8 Relating To Fire Protection. 90 R21-36 Laurel Fire District No. 8 Agreements RESOLUTION NO. R21-36 A RESOLUTION APPROVING AGREEMENTS BETWEEN THE CITY OF LAUREL AND LAUREL FIRE DISTRICT NO. 8 RELATING TO FIRE PROTECTION. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Agreements between the City of Laurel and Laurel Rural Fire District No. 8, relating to fire protection for the respective fiscal years: 2021- 2022 and 2022-2023, and 2023-2024, copies attached hereto, be and the same are hereby approved. Section 2: Execution. The Mayor and the City Clerk of the City of Laurel are hereby given authority to execute said agreements on behalf of the City. Section 3. Effective Date: The effective date of this Resolution is upon adoption by the City Council, and the Fire Agreements effective dates are provided within each Agreement. Introduced at a regular meeting of the City Council on May 25, 2021, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this 25th day of May 2021. APPROVED by the Mayor this 25th day of May 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: __________________________________ Bethany Langve, City Clerk/Treasurer Approved as to form: __________________________________ Sam S. Painter, Civil City Attorney 91 9 2 93 94 95 96 97 98 File Attachments for Item: 16. Resolution No. R21-37: A Resolution Approving Agreements Between The City Of Laurel And Laurel Fire District No. 5, Said Agreements Relating To Fire Protection 99 R21-37 Fire District No. 5 RESOLUTION NO. R21-37 A RESOLUTION APPROVING AGREEMENTS BETWEEN THE CITY OF LAUREL AND LAUREL FIRE DISTRICT NO. 5, SAID AGREEMENTS RELATING TO FIRE PROTECTION BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Agreements between the City of Laurel and Laurel Rural Fire District No. 5, relating to fire protection for the respective fiscal years: 2021- 2022, 2022-2023, 2023-2024, copies attached hereto, be and the same are hereby approved. Section 2: Execution. The Mayor and the City Clerk of the City of Laurel are hereby given authority to execute said agreements on behalf of the City. Introduced at a meeting of the City Council on May 25, 2021, by Council Member _____________. PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 25th day of May 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: _______________________________ Sam Painter Civil City Attorney 100 1 0 1 102 103 104 105 106 107 File Attachments for Item: 17. Resolution No. R21-38: A Resolution Approving An Agreement Between The City Of Laurel And Yellowstone Boys And Girls Ranch, Relating To Fire Protection. 108 1 0 9 110 111 R21-38 YBGR Fire Agreement 2021-2022 RESOLUTION NO. R21-38 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND YELLOWSTONE BOYS AND GIRLS RANCH, RELATING TO FIRE PROTECTION. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Agreement between the City of Laurel and Yellowstone Boys and Girls Ranch, relating to fire protection, a copy attached hereto, be and the same is hereby approved. Section 2: Execution. The Mayor and the City Clerk/Treasurer of the City of Laurel are hereby given authority to execute said agreement on behalf of the City. Introduced at a regular meeting of the City Council on May 25, 2021, by Council Member ___________. PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 25th day of May 2021. APPROVED by the Mayor this 25th day of May 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: ___________________________________ Bethany Langve, City Clerk/Treasurer Approved as to form: ___________________________________ Sam S. Painter, Civil City Attorney 112 File Attachments for Item: 18. Resolution No. R21-39: A Resolution Approving Agreements Between The City Of Laurel And The Laurel Urban Fire Service Area (“LUFSA”) Said Agreements Relating To Fire Protection 113 R21-39 Fire Protection Agreements: Laurel Urban Fire Service Area (“LUFSA”) RESOLUTION NO. R21-39 A RESOLUTION APPROVING AGREEMENTS BETWEEN THE CITY OF LAUREL AND THE LAUREL URBAN FIRE SERVICE AREA (“LUFSA”) SAID AGREEMENTS RELATING TO FIRE PROTECTION BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Agreements between the City of Laurel and the Laurel Urban Fire Service Area (“LUFSA”) relating to fire protection for the respective fiscal years: 2021-2022, 2022-2023, 2023-2024, copies attached hereto, be and the same are hereby approved. Section 2: Execution. The Mayor and the City Clerk of the City of Laurel are hereby given authority to execute said agreements on behalf of the City. Introduced at a meeting of the City Council on May 25, 2021, by Council Member _____________. PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 28th day of May 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: _______________________________ Sam Painter Civil City Attorney 114 1 1 5 116 117 118 119 120 121 122 123 124 File Attachments for Item: 19. Resolution No. R21-40: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With True North Contracting For The Supply And Installation Of Asphalt For A City Project. 125 R21-40 Approve Contract True North Contracting RESOLUTION NO. R21-40 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH TRUE NORTH CONTRACTING FOR THE SUPPLY AND INSTALLATION OF ASPHALT FOR A CITY PROJECT. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract (“Contract”) recommended by the Mayor and Staff, is attached hereto and incorporated herein and by adoption of the resolution, hereby approved retroactive to April 7, 2021. Section 2: Adoption and Execution. The Mayor and City Clerk are hereby authorized to execute the Contract on the City’s behalf. Introduced at a regular meeting of the City Council on May 25, 2021, by Council Member ______________. PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 25th day of May 2021. APPROVED by the Mayor this 25th day of May 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: ___________________________________ Bethany Langve, City Clerk/Treasurer Approved as to form: ___________________________________ Sam S. Painter, Civil City Attorney 126 127 128 129 130 131 132 File Attachments for Item: 20. Resolution No. R21-41: Resolution Awarding Western Municipal Construction The Contract For The City Of Laurel's 5th Avenue Waterline Re-Route Project And To Authorize The Mayor To Sign All Documents Relating To The Project On The City's Behalf. 133 R21-41 Award 5th Avenue Waterline Re-Route Project – Western Municipal Construction RESOLUTION NO. R21-41 RESOLUTION AWARDING WESTERN MUNICIPAL CONSTRUCTION THE CONTRACT FOR THE CITY OF LAUREL'S 5TH AVENUE WATERLINE RE-ROUTE PROJECT AND TO AUTHORIZE THE MAYOR TO SIGN ALL DOCUMENTS RELATING TO THE PROJECT ON THE CITY'S BEHALF. WHEREAS, the City of Laurel planned and publicly advertised the project known as the 5th Avenue Waterline Re-Route Project, and the City received responsive bids from qualified contractors; and WHEREAS, the City's Engineers, KLJ, and City Staff considered the bids received and recommends the City Council award the project and that the contract is in the City's best interest; and WHEREAS Western Municipal Construction submitted a bid of $929,633.50 and both KLJ and the City Staff have determined the bid is in the best interest of the City. The Bid documents are attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Laurel, Montana, finds that the City has followed its procurement policies and state law requiring competitive bidding; and BE IT FUTHER RESOLVED the City Council hereby awards the contract and project to Western Municipal Construction for its bid price of $929,633.50. The Mayor and City Clerk are authorized to sign all necessary documents, agreements, or contracts on the City's behalf consistent with this resolution for the Project. Introduced at a regular meeting of the City Council on May 25, 2021, by Council Member ______________. PASSED and APPROVED by the City Council of the City of Laurel this 25th day of May 2021. APPROVED by the Mayor this 25th day of May 2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor 134 R21-41 Award 5th Avenue Waterline Re-Route Project – Western Municipal Construction ATTEST: __________________________________ Bethany Langve, Clerk/Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 135 1 3 6 1 3 7 1 3 8 1 3 9 File Attachments for Item: 21. Resolution No. R21-42: A Resolution Of The City Council Authorizing The Mayor And City Clerk To Sign A Memorandum Of Understanding With Yellowstone County To Share Project Costs For City/County Streets And Roads. 140 R21-42 Approve MOU Yellowstone County RESOLUTION NO. R21-42 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A MEMORANDUM OF UNDERSTANDING WITH YELLOWSTONE COUNTY TO SHARE PROJECT COSTS FOR CITY/COUNTY STREETS AND ROADS. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Memorandum of Understanding (“MOU”) recommended by the Mayor and Staff, is attached hereto and incorporated herein and by adoption of the resolution, hereby approved. Section 2: Adoption and Execution. The Mayor and City Clerk are hereby authorized to execute the MOU on the City’s behalf. Introduced at a regular meeting of the City Council on May 25, 2021, by Council Member ______________. PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 25th day of May 2021. APPROVED by the Mayor this 25th day of May 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: ___________________________________ Bethany Langve, City Clerk/Treasurer Approved as to form: ___________________________________ Sam S. Painter, Civil City Attorney 141 MOU Yellowstone County and City of Laurel 1 MEMORANDUM OF UNDERSTANDING (MOU) City of Laurel 2021 Pavement Maintenance Project and 5th Avenue Waterline Re-Route Project Yellowstone County This AGREEMENT, made and entered into this ________ day of _____________, 2021, by and between YELLOWSTONE COUNTY, its agents, and Board of County Commissioners, hereinafter referred to as “COUNTY”, and the CITY OF LAUREL, hereinafter referred to as “CITY”, to make road and other improvements in and near the City which includes a portion of certain property which are COUNTY roads but included in the CITY’s 2021 Pavement Maintenance Project and 5th Avenue Waterline Re-Route Project both hereinafter called “Projects.” based on the commonly known Scope of Work The County portion of the Projects are described within the letter dated May 13, 2021 from the City’s Engineers (KLJ Engineering) which is attached hereto and incorporated herein. WHEREAS, the CITY agrees to pay for CITY’s portion of the Project and COUNTY agrees to pay for COUNTY’s portion as described and contained in KLJ’s May 13, 2021 letter, after the Project is procured and completed by the CITY. WHEREAS, the Project will benefit COUNTY, CITY, local residents, and the traveling public in the area. THEREFORE BE IT AGREED by COUNTY and CITY that each entity shall pay their respective portions for the Projects. The estimated cost for the COUNTY portions of both Projects is $25,722.25 and $32, 200.00 for a total COUNTY participation of $57,972.25. If the cost of the Projects exceed the Engineer’s estimated costs provided herein, the Project may not proceed and neither party will be responsible for funding the Projects or payment under this agreement. The Parties reserve the right to review the bid amount and not participate as determined by the appropriate governing body or elected official. The final quantities of both Projects will be summarized at the completion of each Project and provided to each party. The parties further agree that all contractor bidding will be managed by the CITY and CITY shall contract with the successful bidder to complete the project in compliance with state law. 142 MOU Yellowstone County and City of Laurel 2 TERMINATION OF AGREEMENT: This agreement will remain in effect until it is mutually terminated by all parties or upon satisfactory completion of the project. YELLOWSTONE COUNTY, MONTANA – BOARD OF COUNTY COMMISSIONERS By _________________________________ Witness: ___________________________ Donald Jones Jeff Martin, Clerk and Recorder Chair, Board of County Commissioners By _________________________________ John Ostlund Board of County Commissioners By _________________________________ Dennis Pitman Member, Board of County Commissioners CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: ___________________________________ Bethany Langve, City Clerk/Treasurer 143 May 13, 2021 Mr. Kurt Markegard Public Works Director City of Laurel PO Box 10 115 West First Street Laurel, MT 59044 Re: County Portions of the 2021 Pavement Maintenance Project and 5th Ave. Waterline Re-Route Project Dear Mr. Markegard: As you are aware, the two above projects for the City of Laurel contain certain areas that are Yellowstone County roads. In specific, the portion of W. 12th Street that is identified on the bid form for the 5th Ave. Waterline Re-Route project as “Alternate Bid”. The Engineer’s estimate of quantity for this item is 1,600 square yards. The low bidder of the base bid was Western Municipal and their unit price for this item was $17.00/sy. This equates to an estimated cost for this item of $27,200.00. Including additional design, coordination, and inspection; the County addition for Engineering to the project is $5,000.00. The area of the 2021 Pavement Maintenance project that are County roads are portions of E. 8th Street. In particular they are from Alder Ave. to Cottonwood Ave., the north half from Date Ave. to Elm Ave., and from Fir Ave. to Mulberry Ave. The Engineering portion added to the project is $3,500.00. The low bidder on this project was Hard Drives Construction. The estimated quantity of repair items and Hardrives Unit costs for those items are presented below. Item Description Qty Unit Unit Price Total Price 104 Crack route & Seal 2,110 LF $ 1.00 $2,110.00 105 CHFRS-wP Asphalt seal & Chip Coat - 3/8" Gradation 4,500 SY $ 2.00 $9,000.00 106 SS-1 or SS-1h Asphalt Tack Coat Fog Seal 585 GAL $ 3.25 $1,901.25 107 4" Asphalt Concrete Pavement Patching - Type B - Surface Course 151 SY $ 61.00 $9,211.00 Total of County Bid Items $22,222.25 144 In summary, the County cost for the 2020 Pavement Maintenance project and 5th Ave. Waterline Re- Route projects are estimated to be $25,722,25 and $32,200, respectively. The final quantities for each project will be summarized at the completion of each project. Please let me know if you have any questions or comments. Sincerely, KLJ Ryan E. Welsh, P.E. Project Engineer Project #: 2004-00831 & 2104-00118 cc: Tim Miller, County Engineer File 145 File Attachments for Item: 22. Resolution No. R21-43: Resolution Awarding Cop Construction The Contract For The City Of Laurel's Yellowstone River Water Crossing Project And To Authorize The Mayor To Sign All Documents Relating To The Project On The City's Behalf. 146 R21-43 Award Yellowstone River Water Crossing Project – COP Construction RESOLUTION NO. R21-43 RESOLUTION AWARDING COP CONSTRUCTION THE CONTRACT FOR THE CITY OF LAUREL'S YELLOWSTONE RIVER WATER CROSSING PROJECT AND TO AUTHORIZE THE MAYOR TO SIGN ALL DOCUMENTS RELATING TO THE PROJECT ON THE CITY'S BEHALF. WHEREAS, the City of Laurel planned and publicly advertised the project known as the Yellowstone River Water Crossing Project, and the City received responsive bids from qualified contractors; and WHEREAS, the City's Engineers, KLJ, and City Staff considered the bids received and recommends the City Council award the project and that the contract is in the City's best interest; and WHEREAS COP Construction submitted a bid of $281,740.00 and both KLJ and the City Staff have determined the bid is in the best interest of the City. The Bid documents are attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Laurel, Montana, finds that the City has followed its procurement policies and state law requiring competitive bidding; and BE IT FUTHER RESOLVED the City Council hereby awards the contract and project to Cop Construction for its bid price of $281,740.00. The Mayor and City Clerk are authorized to sign all necessary documents, agreements, or contracts on the City's behalf consistent with this resolution for the Project. Introduced at a regular meeting of the City Council on May 25, 2021, by Council Member ______________. PASSED and APPROVED by the City Council of the City of Laurel this 25 th day of May 2021. APPROVED by the Mayor this 25th day of May 2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor 147 R21-43 Award Yellowstone River Water Crossing Project – COP Construction ATTEST: __________________________________ Bethany Langve, Clerk/Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 148 May 3, 2021 Kurt Markegard City of Laurel 115 W. 1st Street Laurel, MT 59044 Re: Yellowstone River Water Crossing Project – Recommendation of Award Dear Kurt: Bids for the Yellowstone River Water Crossing project were received April 29, 2021. Two bids were opened and read aloud, with bid amounts being $341,120.00 and $281,740.00. The bids were checked for mathematical accuracy and no discrepancies were found. The lowest bidder is Cop Construction. We recommend the contract be awarded to Cop Construction, accordingly. Enclosed is the Notice of Award (NOA) for the City’s approval and a Certified Bid Tabulation. Please sign, date and return four (4) original NOA forms; upon receipt, we will work with Cop Construction to route final Contracts for the City’s approval. If you have any questions or concerns, please contact me at (406) 245-5499. Sincerely, KLJ Ryan E. Welsh, PE Project Engineer Enclosure(s): Notice of Award Certified Bid Tabulation Project #: 2004-00542 cc: file 149 Yellowstone River Water Crossing Notice of Award Form 00510 KLJ Project 2004-00542 Page 1 of 1 Notice of Award Date: Project: Yellowstone River Water Crossing Project Owner: City of Laurel Owner's Contract No.: Contract: As described in the Bid Documents Engineer's Project No.: 2004-00542 Bidder: Cop Construction Inc. Bidder's Address: 242 S. 64th St West Billings, MT 59106 You are notified that your Bid dated April 29, 2021 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for the Yellowstone River Water Crossing Project. The Contract Price of your Contract is Two Hundred Eighty-one Thousand, Seven hundred and Forty Dollars and Zero Cents ($281,740.00). 4 copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner four (4) fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract Security [Bonds] as specified in the Instructions to Bidders (Article 20) and General Conditions (Paragraph 5.01). 3. Other conditions precedent: (none) Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Laurel Owner By: Authorized Signature Title Copy to Engineer 150 Item Description Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price 101 Mobilization 1 LS $15,000.00 $15,000.00 $53,200.00 $53,200.00 8,000.00$ 8,000.00$ 102 Taxes, Bonds & Insurance 1 LS $7,000.00 $7,000.00 $10,600.00 $10,600.00 6,000.00$ 6,000.00$ 103 Construction Traffic Control 1 LS $15,000.00 $15,000.00 $54,400.00 $54,400.00 23,000.00$ 23,000.00$ 104 Connect to Ex. Water 2 EA $3,500.00 $7,000.00 $3,700.00 $7,400.00 7,000.00$ 14,000.00$ 105 4" PVC Water Main 20 LF $30.00 $600.00 $140.00 $2,800.00 5.00$ 100.00$ 106 4" PVC to HDPE Coupler 2 EA $1,800.00 $3,600.00 $530.00 $1,060.00 690.00$ 1,380.00$ 107 4" HDPE Water Main 20 LF $30.00 $600.00 $84.00 $1,680.00 4.50$ 90.00$ 108 4” HDPE Insulated Water Main 665 LF $60.46 $40,208.00 $244.00 $162,260.00 262.00$ 174,230.00$ 109 Expansion Joints 5 EA $4,300.00 $21,500.00 $2,600.00 $13,000.00 2,300.00$ 11,500.00$ 110 Air Release Structure 1 EA $500.00 $500.00 $370.00 $370.00 1,100.00$ 1,100.00$ 111 Remove & Replace Mounting Bracket 10 EA $250.00 $2,500.00 $400.00 $4,000.00 520.00$ 5,200.00$ 112 4" HDPE Pipe Bends 5 EA $800.00 $4,000.00 $690.00 $3,450.00 1,600.00$ 8,000.00$ 113 Tree Removal 1 EA $1,000.00 $1,000.00 $860.00 $860.00 2,000.00$ 2,000.00$ 114 Connect to Junction Box 1 EA $600.00 $600.00 $13,300.00 $13,300.00 5,500.00$ 5,500.00$ 115 Thermocable 900 LF $1.66 $1,494.00 $13.00 $11,700.00 22.00$ 19,800.00$ 116 Exploratory Excavation 4 Hrs 460.00$ 1,840.00$ 260.00$ 1,040.00$ 460.00$ 1,840.00$ TABULATION OF BIDS Yellowstone River Waterline Crossing - KLJ#2004-00542 CITY OF LAUREL, MONTANA April 29, 2021 Ryan Welsh Project Engineer Date:April 29, 2021 This represents a true tabulation of bids opened and read on April 29, 2021. $122,442.00Total of Base Bid Base Bid Engineers Opinion of Cost 281,740.00$ Cop ConstructionWestern Municipal $341,120.00 151 File Attachments for Item: 23. Resolution No. R21-44: A Resolution Approving Amendment No. 1 To The Previously Approved Task Order Authorizing Kadrmas, Lee & Jackson, Inc. To Provide Additional Services For The City Of Laurel’s H2s Remediation Improvements Project. 152 R21-44 Approve Amendment #1 to Task Order for City of Laurel’s H2S Remediation Improvements Project: Kadrmas, Lee & Jackson, Inc. RESOLUTION NO. R21-44 A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE PREVIOUSLY APPROVED TASK ORDER AUTHORIZING KADRMAS, LEE & JACKSON, INC. TO PROVIDE ADDITIONAL SERVICES FOR THE CITY OF LAUREL’S H2S REMEDIATION IMPROVEMENTS PROJECT. WHEREAS, the City of Laurel previously executed an Agreement for Professional Services with Kadrmas, Lee & Jackson, Inc. (“KLJ”) on December 5, 2017; and WHEREAS, the City previously approved a Task Order authorizing engineering services for the City of Laurel’s H2S Remediation Improvements Project; and WHEREAS, the additional work will require additional engineering services as described in Amendment #1 which is attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, the attached Amendment #1 to the previously approved Task Order authorizing additional services for additional compensation for the City’s H2S Remediation Improvements Project is hereby approved and the Mayor is hereby authorized to execute the attached Amendment #1 on the City’s behalf. Introduced at a regular meeting of the City Council on May 25, 2021, by Council Member _________. PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 25th day of May 2021. APPROVED by the Mayor this 25th day of May 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: ___________________________________ Bethany Langve, City Clerk/Treasurer Approved as to form: ___________________________________ Sam S. Painter, Civil City Attorney 153 Exhibit K – Amendment to Task Order EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT K, consisting of two pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services – Task Order Edition dated December 5, 2017. Amendment To Task Order No. 1 1. Background Data: a. Effective Date of Task Order: February 20, 2018 b. Owner: City of Laurel c. Engineer: KLJ Engineering LLC d. Specific Project: H2S Remediation Improvements 2. Description of Modifications a. Engineer shall perform the following Preliminary and Final Design Phase Services: Design a replacement receiving manhole to accommodate a Titis Twister unit along with the site design for the control panel and coordination with the MDOT and power company. This effort will include design survey but does not include legal survey. Any legal survey work can be completed under Additional Services. This effort includes coordination with the power company to drop in 115V power to the control panel. If any electrical engineering design becomes needed, this can be provided under Additional Services. This effort will modify the scope as defined in Preliminary Design Phase (A1.02) and Final Design Phase (A1.03), of the project. b. For the additional Design Phase Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: An additional $36,350 for the Preliminary and Final Design Phase (increasing the amount from $30,560.00 to $66,910.00). The Total Compensation is increased by $36,650 (increasing the amount from $58,230.00 to $94,580.00. e. The schedule for rendering services under this Task Order is modified as follows: Engineer will work in good faith to have the project ready for bidding by August 31, 2021. 154 Exhibit K – Amendment to Task Order EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 3. Task Order Summary (Reference only) a. Original Task Order amount: $58,230.00 b. Net change for prior amendments: $0.00 c. This amendment amount: $36,350.00 d. Adjusted Task Order amount: $94,580.00 The foregoing Task Order Summary is for reference only and does not alter the terms of the Task Order, including those set forth in Exhibit C. Owner and Engineer hereby agree to modify the above-referenced Task Order as set forth in this Amendment. All provisions of the Agreement and Task Order not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is May 25, 2021. OWNER: ENGINEER: By: By: Mark Anderson Title: Title: Vice President, EPW Date Signed: Date Signed: 155 1 5 6 File Attachments for Item: 24. Resolution No. R21-45: A Resolution Of The City Council Approving A Task Order Between The City Of Laurel And KLJ Engineering Inc. To Authorize Service For The City Capital Improvements Plan (CIP). 157 R21-45 Approve Task Order KLJ City Capital Improvements Plan RESOLUTION NO. R21-45 A RESOLUTION OF THE CITY COUNCIL APPROVING A TASK ORDER BETWEEN THE CITY OF LAUREL AND KLJ ENGINEERING INC. TO AUTHORIZE SERVICE FOR THE CITY CAPITAL IMPROVEMENTS PLAN (CIP). BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Task Order between the Parties is attached hereto and incorporated herein as part of this resolution, and is accepted and hereby approved by the City Council. Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of Laurel are hereby given authority to accept and execute the attached Task Order on behalf of the City. Section 3: Effective date. The effective date for the Task Order is upon adoption and approval of this resolution. Introduced at a regular meeting of the City Council on May 25, 2021, by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel this 25th day of May 2021. APPROVED by the Mayor this 25th day of May 2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 158 Task Order Form – City of Laurel Capital Improvement Plan EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 Task Order: City of Laurel Capital Improvement Plan In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services – Task Order Edition, dated December 5, 2017 ("Agreement"), as amended by Amendment No. 1 dated October 13, 2020, Owner and Engineer agree as follows: 1. Background Data A. Effective Date of Task Order: May 3, 2021 B. Owner: City of Laurel C. Engineer: KLJ Engineering LLC D. Specific Project (title): City of Laurel 5-Year Capital Improvement Plan E. Specific Project (description): Planning services related to subdivision, zoning, development, floodplain hazard management, reviews and other related work 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: Set forth in Part 1—Basic Services of Exhibit A, “Engineer’s Services for Task Order,” modified for this specific Task Order, and attached to and incorporated as part of this Task Order. B. Resident Project Representative (RPR) Services – Not Used C. Designing to a Construction Cost Limit – Not Used D. Other Services – Not Used E. All of the services included above comprise Basic Services for purposes of Engineer’s compensation under this Task Order. 3. Additional Services A. Additional Services that may be authorized or necessary under this Task Order are: Set forth in Part 2—Additional Services of Exhibit A, “Engineer’s Services for Task Order,” modified for this specific Task Order, and attached to and incorporated as part of this Task Order. This is a Task Order for KLJ Project No. 2104-00649, consisting of four (4) pages, plus attachments. 159 Task Order Form – City of Laurel Capital Improvement Plan EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 4. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B. 5. Task Order Schedule Planning services shall be completed within the timelines found in the applicable local regulations or Montana Law. It is anticipated that services will be provided “on-call” throughout the duration of the Agreement, upon request of Owner. 6. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Description of Service Amount Basis of Compensation 1. Basic Services (Part 1) $125,000.00 Lump Sum 2. Additional Services (Part 2) $ (tbd) Direct Labor *Based on a [ ] -month continuous construction period. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer’s labor, overhead, profit, reimbursable expenses (if any), and Consultants’ charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: None 8. Other Modifications to Agreement and Exhibits: Agreement Exhibit C “Payments to Engineer for Services and Reimbursable Expenses” Article 2, Part C2.02 is modified as follows. All other parts of Agreement Exhibit C remain unchanged. C. Direct Labor Costs Times a Factor 1. For the specified category of services, Owner shall pay Engineer an amount equal to Engineer's Direct Labor Costs times a factor of 3.4 for the services of Engineer's employees engaged on the Specific Project. Direct Labor Costs means salaries and wages paid to employees but does not include payroll-related costs or benefits. Under this method, Engineer shall also be entitled to reimbursement from Owner for the expenses identified in Paragraph C2.03 below, and Appendix 1. 2. Engineer's Reimbursable Expenses Schedule is attached to this Exhibit as Appendix 1. 160 Task Order Form – City of Laurel Capital Improvement Plan EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 3. The total estimated compensation for the specified category of services shall be stated in the Task Order. 4. The amounts billed will be based on the applicable Direct Labor Costs for the cumulative hours charged to the specified category of services on the Specific Project during the billing period times the above-designated factor, plus reimbursable expenses (including Consultant's charges, if any). 5. The Direct Labor Costs and the factor applied to Direct Labor Costs will be adjusted annually (as of January 1) to reflect equitable changes in the compensation payable to Engineer. 9. Attachments: Exhibit A – Engineer’s Services for Task Order 10. Other Documents Incorporated by Reference: December 5, 2017 Agreement between Owner and Engineer for Professional Services, Task Order Edition as amended by Amendment No. 1 dated October 13, 2020 11. Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is May 3, 2021. OWNER: City of Laurel ENGINEER: Kadrmas, Lee & Jackson, Inc. By: By: Print Name: Thomas C. Nelson Print Name: Mark Anderson Title: Mayor Title: Vice President Engineer License or Firm’s Certificate No. (if required): PEL-EF-LIC-37 State of: Montana DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Thomas C. Nelson Name: Matthew Smith, PE, PMP Title: Mayor Title: Project Manager 161 Task Order Form – City of Laurel Capital Improvement Plan EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 Address: PO Box 10 Laurel, MT 59044 Address: PO Box 80303 Billings, MT 59108 E-Mail Address: tnelson@laurel.mt.gov E-Mail Address: Matt.smith@kljeng.com Phone: 406-628-4796 Phone: 406-245-5499 162 Exhibit A – Engineer's Services – City of Laurel Planning Services EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT A , consisting of three (3) pages, referred to in and part of the Task Order dated May 3, 2021. Engineer's Services for Task Order: City of Laurel Capital Improvement Plan PART 1—BASIC SERVICES A1.01 Capital Improvement Plan A. As Basic Services and upon request by Owner, Engineer shall: 1. For the purpose of this Task Order, Capital Expenditures shall be defined as items, services or expenditures that are $50,000.00 or have a useful life of 5-years or longer. 2. Conduct up to four (4) meetings/site visits to gather data and needs from the various City Departments, review existing conditions and facilities, unless such visits are not necessary or applicable. a. Public Works 1) Water Systems 2) Wastewater Systems 3) Storm Drain Systems 4) Roads and Streets 5) Public Works Buildings 6) Public Works Vehicles and Equipment 7) Solid Waste Equipment 8) Container Site Equipment and Buildings b. Police Department c. Fire Department d. EMS Department e. City Administration 1) Public Buildings f. Parks and Recreation 1) Buildings and Facilities 2) Equipment 3) Vehicles g. Engineer will summarize the identified capital expenditures. h. Develop Improvement Prioritization 163 Exhibit A – Engineer's Services – City of Laurel Planning Services EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 1) The Engineer with provide the Owner with the summary of identified capital expenditures by Department and Sub-Department Units a) The Owner will set priorities for each Department and Sub-Department Unit. i. Develop Opinion of Probable Costs 1) Based on the identified capital expenditures, the Engineer will develop budgetary level opinions of costs for the identified capital expenditures. These cost opinions will be budgetary level only intended for Planning Purposes. j. Develop Capital Improvements Schedule 1) Based on the identified capital expenditures, the Engineer will develop a preliminary capital expenditure schedule for the next five (5) years. The time frame for this will be based on the fiscal year 2022 through Fiscal 2026. (July 2021 to June 2026) k. Summary of Potential Capital Project Funding 1) Based on the identified capital expenditures, the Engineer will develop a summary of potential funding sources for the identified expenditures. l. Develop a Five Year Capital Improvement Plan 1) Based on the identified capital expenditures the Engineer will develop a draft CIP and deliver to the Owner ten (10) copies of the draft CIP. 2) The Engineer will meet once with the City Council to review the draft CIP and collect comments on the document and necessary changes to meet the Governing Bodies priorities. 3) Based on the comments received from the Owner, the Engineer will revise the drat CIP and deliver to the Owner ten (10) copies of the Final CIP for public hearing and adoption by the Governing Body. 3. Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer additional relevant data and information, for Engineer’s use in providing planning services. 4. After consultation with Owner, recommend to Owner the solution(s) which in Engineer’s judgment meet Owner’s requirements. 5. Attend and/or facilitate two (2) public hearings, City Council meetings, workshops, board/committee meetings, etc. 6. Provide the Owner ten (10) paper copies and one (1) electronic copy of the Final adopted Capital Improvement Plan B. Engineer’s services shall be completed within the timelines found in the applicable local regulations or Montana Law. It is anticipated that services will be provided “on-call” throughout the duration of the Agreement, upon request of Owner. 164 Exhibit A – Engineer's Services – City of Laurel Planning Services EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 PART 2—ADDITIONAL SERVICES A2.01 Additional Services Requiring an Amendment to Task Order A. Advance Written Authorization Required: During performance under a Task Order, Owner may authorize Engineer in writing to furnish or obtain from others Additional Services of the types listed below. Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services, using the basis of compensation for Additional Services, as indicated in the specific Task Order. 1. None. 165 File Attachments for Item: 25. Resolution No. R21-46: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With Canyon Electric For Electrical Work For The City ’s Building Commonly Known As “Jaycee Hall” Located In Riverside Park. 166 R21-46 Approve Contract Canyon Electric RESOLUTION NO. R21-46 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH CANYON ELECTRIC FOR ELECTRICAL WORK FOR THE CITY’S BUILDING COMMONLY KNOWN AS “JAYCEE HALL” LOCATED IN RIVERSIDE PARK. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract (“Contract”) recommended by the Mayor and Staff, is attached hereto and incorporated herein and by adoption of the resolution, hereby approved. Section 2: Adoption and Execution. The Mayor and City Clerk are hereby authorized to execute the Contract on the City’s behalf. Introduced at a regular meeting of the City Council on May 25, 2021, by Council Member ______________. PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 25th day of May 2021. APPROVED by the Mayor this 25th day of May 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: ___________________________________ Bethany Langve, City Clerk/Treasurer Approved as to form: ___________________________________ Sam S. Painter, Civil City Attorney 167 Canyon Electric 5445 Hesper Rd. Billings, Mt. 59106 Attention: Greg Miller 406-208-7615 28 April 2021 Laurel Asseblly Venue We are pleased to quote the Electrical Installation on the above referenced project please see installation sheet. Re: Proposal for Laurel Asseblly Venue 1. Please see installation Report for quantity's for scope of work 2. All new wiring to meet the requirements of the National Electrical Code. 3. Includes budget for changing out light fixtures and paddle fans 4. Retrofit all fluorescent to LED's 5. Adding exit and emergency lights as needed 6. Updating all outlets and switches to new 7. New electrical service 8. New feeder and 1- new sub panel in hallway 9. Kitchen fixing all wiring to code 10. reworking all switches to normal switch height 11. installing exterior egress lighting to code 12. Attic clean up old wiring 13. Furnaces bring up to code 14. Electrical permit Qualifications: 1. Utility Company's Charges and cost 2. Fire Alarm system Exclusions: Pricing: For the Sum of $13,736.43 Qualifications: Wiring will be done in NMB in interior walls and attic space were possible as meets Code by information given to me By Laurel- Kurt Markegard building type. Finally we would like to thank you for the opportunity to quote this project. If you have any questions, please call us or email. Sincerely, Greg Miller Canyon Electric Page 1 of 1ConEst Software Systems 168 Project: Job ID: Installations Report Labor Level: CONEST Vendor: BORDERST JOB-1221 Laurel Asseblly Venue 28 Apr 2021 17:06:06 Description Qty Material $ Labor $ Unit Price $ Extension $ Lab Class Phase: RESIDENTIAL > BATHROOM 1&2 CSI Code: 144.85 289.69 2 DX-GFCI BATHROOM-REMODEL 82.08 62.76 ELECTRICAL 17.28 69.12 4 SURFACE CEILING-MNT 1-Led 16.79 0.49 ELECTRICAL 358.81 Phase: RESIDENTIAL > BATHROOM 1&2 TOTALS 127.47 231.33 Phase: RESIDENTIAL > HALL CSI Code: 298.59 597.18 2 EXIT SURFACE WALL MNT 143.44 155.15 ELECTRICAL 92.74 370.94 4 LABOR HOURS MISC 54.17 38.57 ELECTRICAL 76.38 76.38 1 S 36.43 39.95 ELECTRICAL 145.04 290.08 2 S3 53.48 91.56 ELECTRICAL 130.96 261.92 2 SURFACE CEILING-MNT 1- Led 48.63 82.33 ELECTRICAL 1,596.51 Phase: RESIDENTIAL > HALL TOTALS 852.28 744.22 Phase: RESIDENTIAL > KITCHEN CSI Code: 146.72 293.44 2 DX GFCI KITCHEN-REMODEL 20A 81.81 64.91 ELECTRICAL 33.76 33.76 1 DX-GFCI 11.92 21.84 ELECTRICAL 357.20 357.20 1 ELECTRIC WATER HEATER wiring only 137.32 219.88 ELECTRICAL 348.46 348.46 1 GAS FURNACE wiring only 237.92 110.55 ELECTRICAL 85.02 340.09 4 LABOR HOURS MISC bringing up to code and Range wire 54.17 30.85 ELECTRICAL 258.19 258.19 1 PADDLE FAN 72.59 185.60 ELECTRICAL 61.55 61.55 1 S 32.22 29.33 ELECTRICAL 130.96 130.96 1 SURFACE CEILING-MNT 1-Led 48.63 82.33 ELECTRICAL 1,823.66 Phase: RESIDENTIAL > KITCHEN TOTALS 902.76 920.90 Phase: RESIDENTIAL > DANCE ROOM CSI Code: 263.10 1,052.39 4 EXIT SURFACE WALL MNT 96.50 166.59 ELECTRICAL 22.68 725.71 32 Led Tube ballast bypass 48" 7.25 15.43 ELECTRICAL 85.02 765.20 9 LABOR HOURS MISC fixing wiring to code 54.17 30.85 ELECTRICAL 225.71 225.71 1 PADDLE FAN 70.96 154.75 ELECTRICAL 97.66 390.64 4 SURFACE CEILING-MNT Led 20.04 77.62 ELECTRICAL 94.41 188.82 2 SURFACE WALL-MNT Led 16.79 77.62 ELECTRICAL 3,348.48 Phase: RESIDENTIAL > DANCE ROOM TOTALS 2,058.15 1,290.33 Phase: RESIDENTIAL > ROOM WITH FIREPLACE CSI Code: 159.35 159.35 1 DX GFCI KITCHEN-REMODEL 20A 88.84 70.50 ELECTRICAL 225.49 450.99 2 EXIT SURFACE WALL MNT 97.24 128.25 ELECTRICAL 40.52 324.18 8 Led tubes for t12 ballast bypass 9.67 30.85 ELECTRICAL 255.07 510.14 2 FURNACE REWORK 162.51 92.56 ELECTRICAL 118.25 354.74 3 SURFACE CEILING-MNT Led 40.63 77.62 ELECTRICAL 1,799.39 Phase: RESIDENTIAL > ROOM WITH FIREPLACE TOTALS 991.80 807.59 Phase: RESIDENTIAL > EXTERIOR CSI Code: 190.52 571.57 3 LIGHTS REWORK 112.86 77.66 ELECTRICAL 213.05 426.11 2 SURFACE WALL-MTD led egress lights 70.07 142.98 ELECTRICAL 997.68 Phase: RESIDENTIAL > EXTERIOR TOTALS 518.95 478.73 Phase: RESIDENTIAL > ATTIC CSI Code: 66.48 797.71 12 LABOR HOURS cleaning up wiring in attic 43.34 23.14 ELECTRICAL 797.71 Phase: RESIDENTIAL > ATTIC TOTALS 277.67 520.03 Phase: RESIDENTIAL SERVICE > SERVICE CSI Code: 1,608.19 1,608.19 1 200A OH-MAST/COMB LOAD-CENTER/METER 595.68 1,012.51 ELECTRICAL 1,608.19 Phase: RESIDENTIAL SERVICE > SERVICE TOTALS 1,012.51 595.68 Page 1 of 2 , Canyon Electric Phone: 169 Installations Report: Laurel Asseblly Venue 28 Apr 2021 17:06:06 Description Qty Material $ Labor $ Unit Price $ Extension $ Lab Class Phase: RESIDENTIAL SERVICE > FEEDER AND PANEL CSI Code: 4.94 246.81 50 ALUM SER CABLE FEEDER 100A 3W 2.06 2.88 ELECTRICAL 264.83 1,059.33 4 CORE DRILL 145.65 119.18 ELECTRICAL 45.48 45.48 1 PVC LB CONDUIT BODY 2 29.79 15.69 ELECTRICAL 9.40 9.40 1 PVC MALE ADAPTER 2 8.40 1.00 ELECTRICAL 9.00 44.99 5 PVC SCH 80 2 2.13 6.87 ELECTRICAL 1,406.01 Phase: RESIDENTIAL SERVICE > FEEDER AND PANEL TOTALS 671.66 734.36 13,736.43 TOTAL PROJECT COST: 6,323.18 7,413.24 BID NOTES Page 2 of 2 , Canyon Electric Phone: 170 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 25th day of May 2021, between the City of Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and Canyon Electric, a contractor licensed to conduct business in the State of Montana, whose address is 5445 Hesper Rd. Billings, MT 59106, hereinafter referred to as “Contractor”. SECTION ONE DESCRIPTION OF SERVICES A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services described in the Bid dated April 28, 2021, attached hereto as Exhibit “A” and by this reference made part of this contract. B. Effective Date. This contract is effective upon the date of its execution by both Parties. Contractor shall complete the services within 60 days of commencing work. The parties may extend the term of this contract in writing prior to its termination for good cause. C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the specifications and requirements of this contract, any applicable Montana Public Work Standard(s) and Exhibit “A”. SECTION TWO CONTRACT PRICE Payment. City shall pay Contractor thirteen thousand seven hundred thirty six dollars and forty three cents ($13,736.43) for the work described in Exhibit A. Any alteration or deviation from the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY’S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and shall not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, 171 Page 2 of 5 agreements or sub-contracts in any dealings between Contractor and any third parties. The City is interested solely in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct the work to the best of his/her ability. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules, Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall maintain workers’ compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of §39-71-401, MCA. Contractor understands that all contractors or subcontractors working on publicly funded projects are required to have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue pursuant to Montana law. C. Unless otherwise specified by the terms of this Agreement, all m aterials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities and/or has made field examinations. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. 172 Page 3 of 5 J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles used or held for use in the completion or performance of the Contract. K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Contract or not, passes to City at the time of payment, free and clear of all liens and encumbrances. SECTION FIVE INDEMNITY AND INSURANCE Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Contractor or its agents or employees. SECTION SIX COMPLIANCE WITH LAWS Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor shall either possess a City business license or shall purchase one, if a City Code requires a business license. SECTION SEVEN NONDISCRIMINATION Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. SECTION EIGHT DEFAULT If either party fails to comply with any term or condition of this Contract at the time or in the manner provided for, the other party may, at its option, terminate this Contract and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any other remedy provided by law except for punitive damages. The Parties hereby waive their respective claims for punitive damages. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth in the first paragraph of this Contract. SECTION NINE TERMINATION Either party may terminate the contract for their convenience upon thirty days written notice sent postage prepaid, to the addresses provided herein. 173 Page 4 of 5 SECTION TEN GOVERNING LAW AND DISPUTE RESOLUTION The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days after the dispute arises. If negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the mediator or file suit. SECTION ELEVEN ATTORNEY FEES If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful party’s attorney’s fees and all costs charges and expenses related to the action. SECTION TWELVE ENTIRE AGREEMENT This contract and its referenced attachment and Exhibit A contain the entire agreement and understanding of the parties and supersede any and all prior negotiations or understandings relating to this project. This contract shall not be modified, amended, or changed in any respect except through a written document signed by each party’s authorized respective agents. SECTION THIRTEENTH ASSIGNMENT OF RIGHTS The rights of each party under this Contract are personal to that party and ma y not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION FOURTEEN SEVERABILITY Each provision, section, or subsection of this Contract shall stand separate and independent of every other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall remain in full force and effect. SECTION FIFTEEN PARAGRAPH HEADINGS The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be used to explain, simplify, or aid in the interpretation of the provisions of this agreement. 174 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 25th DAY OF MAY 2021. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Thomas C. Nelson, Mayor Canyon Electric ATTEST: Employer Identification Number ___________________________________ __________________________ Bethany Langve, Clerk/Treasurer 175 File Attachments for Item: 26. Resolution No. R21-47: A Resolution Of The City Council Authorizing The Release Of Funds From The Tax Increment Financing District Fund For Façade Improvements And Building Repairs For The Property Located At 221 West Main, Laurel Montana. 176 R21-47 LURA Façade Improvement and Building Repair Grant at 221 West Main RESOLUTION NO. R21-47 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE RELEASE OF FUNDS FROM THE TAX INCREMENT FINANCING DISTRICT FUND FOR FAÇADE IMPROVEMENTS AND BUILDING REPAIRS FOR THE PROPERTY LOCATED AT 221 WEST MAIN, LAUREL MONTANA. WHEREAS, the City Council previously approved a Façade Grant Request Program proposed by the Laurel Urban Renewal Agency (LURA); and WHEREAS, the owner of the property listed herein submitted a Grant Request for façade improvements and building repairs for his property and such property is located within the Tax Increment Financing District: Owner: David Atkins. Property address: 221 West Main; and WHEREAS, the LURA Board reviewed the application and recommends approval for the above Property in the amounts provided in the attached letter; and WHEREAS, the application was complete, the project is eligible for grant assistance and LURA recommends funding of the same as provided in the attached letter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the grant request for façade improvements and building repairs are approved for the following: Owner: David Atkins: 221 West Main: Façade: $9000 and Building Repair: $5000 BE IT FURTHER RESOLVED, the Mayor, CAO, and City Clerk Treasurer are authorized to utilize the appropriately designated accounts to pay the grants upon submission of the required documentation from the Property Owner. Introduced at a regular meeting of the City Council on May 25, 2021, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this 25th day of May 2021. APPROVED by the Mayor this 25th day of May 2021. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney 177 AGENDA CITY OF LAUREL LAUREL URBAN RENEWAL AGENCY MONDAY, APRIL 19, 2021 11:00 AM LAUREL LIBRARY COMMUNITY ROOM Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. 1. Roll Call The Chair called the meeting to order at: 11:02am Mardie Daniel Don Smarsh Judy Goldsby Nick Altonaga (City of Laurel) Leslie Atkins (applicant) Dennis Eaton (arrived at 11:20am) General Items 2. Approve Meeting Minutes: March 15, 2021 Members reviewed the minutes from the meeting on March 15, 2021. Daniel motioned to approve the Minutes from March 15, 2021. Mardie seconded. Motion Carried. 3. Big Sky EDA Update Dianne was not present. 4. Beartooth RC&D Update Steve was not present. New Business 5. Small Grant Application: Mel's Auto Clinic Members reviewed the Technical Assistance Grant for Mel’s Auto Clinic Daniel motioned to approve $4,904.00 for the Technical Assistance Grant for Mel’s Auto Clinic. Mardie Seconded. Motion Carried. Old Business 6. Small Grant Application: David Atkins, 3rd Avenue 178 Discussion of the Application. Leslie Atkins was in attendance and explained the scope of the project. Repointing the brickwork, and sidewalk work. Daniel asked questions about the timeline of grant eligibly. To nicks knowledge they are eligible, as it has been multiple years since they last applied for funding. Don Motioned to approve the General Small Grant For the Atkin’s project on 3rd Avenue for $5,000. Daniel Seconded. Motion Carried. Don Motioned to approve the Façade Grant for 3rd Avenue in the amount of $9,000. Mardie Seconded. Motion Carried. 7. Small Grant Application: Ken & Peggy Miller - 201 E. Main St. Nick presented the General Small Grant Request for Ken and Peggy Miller at 201 E. Main Street. Mardie Motioned to approve the grant request for 201 E. Main Street in the amount of $5,000. Daniel Seconded. Motion Carried. Other Items 8. Budget Review • Members reviewed the Budget. They discussed the debt service and the Large Grant funding that has been reimbursed. • Members also discussed the previous long term-planning and the need to keep doing that. • Judy reported that Rock the Block will be happening this summer. Good to have some things go back to normal. • Members discussed the parking issues downtown and how it needs to change. Parking is a major issue for downtown with the mix of businesses and residential units. • Leslie had a question about how to get on the Council Agenda. Nick replied that she should come to City Council sessions and raise the issue to Council Members and the Mayor. Announcements 9. Adjourn Don Motioned to Adjourn. Dennis Seconded. Motion Carried. Meeting was adjourned at 11:46AM 10. Next Meeting: May 17, 2021 The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 179 2021 $ 27,855.14 Applicant Project Application Date Start Date Completion Date Technical Assistance ($4,000) Façade ($9,000) Sign ($3,000) General Small Grant ($5,000) LURA Approved Amount LURA Approval Date Total Awarded Amount David Atkins 7 3rd Ave - Repair façade, repoint brickwork, repair sidewalk 12/29/2020 12/29/2020 4/30/2021 $ 9,000.00 $ 5,000.00 $ 14,000.00 4/19/2021 $ 14,000.00 Nancy Rutt 507-511 W. Main Street - Install New Sign on structure. New illuminated signage, creating more pleasing visual 2/1/2021 10/1/2020 12/1/2020 $ 1,840.00 $ 1,840.00 2/22/2021 $ 1,840.00 Amy Mullaney 112 S 1st Ave - Install new signage above office space for property management company 2/17/2021 3/1/2021 4/15/2021 $ 2,111.14 $ 2,111.14 2/22/2021 $ 2,111.14 Carl Jones 619 E Main St. - Technical Assistance Grant for the architectural and conceptual design of renovation of Mel's Auto Clinic. 3/30/2021 5/1/2021 10/1/2021 $ 4,903.55 $ 4,904.00 4/19/2021 $ 4,904.00 Ken and Peggy Miller 201 E Main St. - Upgrade HVAC system and Commercial and Rental units, update insulation and building interior. $ 16,940.00 $ 5,000.00 4/19/2021 $ 5,000.00 $ 4,903.55 $ 9,000.00 $ 3,951.14 $ 5,000.00 $ 27,855.14 LURA Small Grants 2021 180 181 182 183 184 185 Before pics of sidewalk: In addition to the sidewalk, this pic also has a good view of the separation of the brick between the windows. 186 Top of the wall that collapsed last year: 187 Top of the wall repaired, which is what was paid for on the receipt I sent: 188 Seam between main building and garage repaired: 189 190 191