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HomeMy WebLinkAboutCouncil Workshop Packet 07.20.2021 AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, JULY 20, 2021 6:30 PM COUNCIL CHAMBERS Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item that is on tonight’s agenda, 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. Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your comments until the public hearing. At the public hearing, the City Council will establish an official record that will include all of your comments, testimony and written evidence. The City Council will base its decision on the record created during the public hearing. Any comments provided tonight will not be included in the recor d or considered by the City Council. General Items 1. Appointment of Adam Bell, Ashley Bell, and Travis Berchenger to the Laurel Volunteer Fire Department. Executive Review 2. Resolution - A Resolution Of The City Council Selecting Kios Brothers As The Successful Bidder For The City’s Purchase Of A Garbage Truck. 3. Resolution - A Resolution Adopting A Formalized Procedure For The City’s Fire Department To Administer Fire Members’ Drill Pay. 4. Resolution - A Resolution Of The City Council Approving A Task Order Between The City Of Laurel And KLJ Engineering Inc. To Authorize Service For The 2022 Pavement Maintenance Project. 5. Resolution - A Resolution Of The City Council Authorizing The Award Of Grants From The Tax Increment Financing District Funds Pursuant To The Lura Large Grant Request Program For Eligible Applicants And Improvements. 6. Resolution - A Resolution Of The City Council Authorizing The Award Of A Grant From The Tax Increment Financing District Funds Pursuant To The Lura Small Grant Request Program For Eligible Applicants And Improvement To An Apartment Building Located Within The District. 7. Resolution - A Resolution Of The City Council Requesting The Mayor And City Staff Review The Existing Animal Regulations And Propose An Amendment To The Existing Regulations To Allow Persons To Own Chickens Within The City Limits. Council Issues 8. Judge Qualifications Draft Ordinance Discussion 9. Camping Update 10. Exxon Money Update 11. CARES Spending Update 12. Urban Route Update 13. W. Railroad/S. 4th Street Scenarios Other Items Review of Draft Council Agendas 14. Draft Council Agenda for July 27, 2021. 1 Attendance at Upcoming Council Meeting Announcements 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 2 File Attachments for Item: 1. Appointment of Adam Bell, Ashley Bell, and Travis Berchenger to the Laurel Volunteer Fire Department.  3 4 File Attachments for Item: 2. Resolution - A Resolution Of The City Council Selecting Kios Brothers As The Successful Bidder For The City’s Purchase Of A Garbage Truck. 5 R21-__ Award Bid for Purchase of Garbage Truck RESOLUTION NO. R21-__ A RESOLUTION OF THE CITY COUNCIL SELECTING KIOS BROTHERS AS THE SUCCESSFUL BIDDER FOR THE CITY’S PURCHASE OF A GARBAGE TRUCK. WHEREAS, the City of Laurel planned to purchase new equipment, specifically a Garbage Truck, which was publicly advertised for competitive bids from interested and qualified bidders; and WHEREAS, City Staff reviewed and considered the bids received and recommends the City Council award the bid to the qualified and responsive bid that appears to be in the City’s best interest; and WHEREAS, Kois Brothers submitted a bid of $376,319.00 for a Garbage Truck that meets the City’s specifications. City Staff 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 bid to Kois Brothers for its bid price of $376,319.00 for the Garbage Truck purchase. 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 purchase. Introduced at a regular meeting of the City Council on ________________, 2021, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this ___ day of ________________, 2021. APPROVED by the Mayor this ____ day of __________ 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 6 7 File Attachments for Item: 3. Resolution - A Resolution Adopting A Formalized Procedure For The City’s Fire Department To Administer Fire Members’ Drill Pay. 8 R21-___ Policy: Firefighter Drill Pay Procedure RESOLUTION NO. R21____ A RESOLUION ADOPTING A FORMALIZED PROCEDURE FOR THE CITY’S FIRE DEPARTMENT TO ADMINISTER FIRE MEMBERS’ DRILL PAY. WHEREAS the City of Laurel has been paying the Fire Association a certain sum designated for use as “Drill Pay” to compensate firefighters for their time for attending after business hour Fire Association Meetings which are necessary for the continued operation of the fire department; and WHEREAS the “Drill Pay” has been historically paid directly to the Fire Association who then issued payments directly to each firefighter who attended the meeting; and WHEREAS, the City’s auditors recommended the City change the historical practice to provide Drill Pay payments directly to each firefighter who attends the monthly meeting; and WHEREAS the City’s Budget and Finance Committee reviewed the proposed Drill Pay Policy and recommends its adoption by the City Council. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana, the City will discontinue payment of a monthly sum to the Fire Association for “Drill Pay.” Beginning August 1, 2021, the City shall pay individual active volunteer firefighters who have signed an attendance roster for attending the monthly meeting. The Fire Department shall ensure each meeting attendee who desires payment has access to sign an attendance roster. The Fire Chief shall sign the roster certifying the roster, as true and correct, and submit the roster to the Clerk Treasurer for processing. BE IT FURTHER RESOLVED the monthly “Drill Pay” payments will be paid by payroll check to the firefighters who attended the meeting based on the roster in the amount of $10.50 per firefighter per meeting. Introduced at a regular meeting of the City Council on ___________2021, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel this __th day of _________________2021. APPROVED by the Mayor this __day of ____________2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer 9 R21-___ Policy: Firefighter Drill Pay Procedure APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 10 File Attachments for Item: 4. Resolution - A Resolution Of The City Council Approving A Task Order Between The City Of Laurel And KLJ Engineering Inc. To Authorize Service For The 2022 Pavement Maintenance Project. 11 R21- Approve Task Order KLJ 2022 Pavement Maintenance Project RESOLUTION NO. R21-___ A RESOLUTION OF THE CITY COUNCIL APPROVING A TASK ORDER BETWEEN THE CITY OF LAUREL AND KLJ ENGINEERING INC. TO AUTHORIZE SERVICE FOR THE 2022 PAVEMENT MAINTENANCE PROJECT. 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 ___________2021, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel this __th day of _________________2021. APPROVED by the Mayor this __day of ____________2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 12 Task Order Form – 2022 Pavement Maintenance 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: 2022 Pavement Maintenance 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: July 27, 2021 B. Owner: City of Laurel C. Engineer: KLJ Engineering, LLC D. Specific Project (title): 2022 Pavement Maintenance E. Project Description: As shown on the attached Sheet ST-1, this project consists of the removal and replacement of the existing waterline within S. 4 th Street, removal and replacement of the crossing sewer pipes, and reconstruction of the street section on S. 4 th Street from US Highway 212 to S. 8 th Ave. in Laurel, Montana. S. 4 th Street was identified in the 2009 Pavement Maintenance Management Plan as needing full reconstruction. The water and sewer mains within the street have also been identified as being at the end of their service life. The approximate Right of Way width in the area is 60-ft and existing street width is 34-ft as measured from the back of curb. A new section will be determined through discussions with the local stakeholders and the City of Laurel. This project will include approximately 2,600 lf of 8” water main, 400 lf of 8” sewer main, 8 fire hydrants, 5 sanitary sewer manholes, and 2,600 lf of street reconstruction . 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: Set forth in 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 – Owner and Engineer anticipate a Task Order amendment to incorporate RPR services following completion of Final Design Phase services. 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 that may be authorized or necessary under this Task Order are: Set forth as Additional Services 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. 2104-00862 2022 Pavement Maintenance Project, consisting of 3 pages, plus attachments. 13 Task Order Form – 2022 Pavement Maintenance 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 A. Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: · Pay the cost of any review fees imposed by agencies having jurisdiction over the project. · Coordinate with Laurel Public Schools and other stakeholders to evaluate access and traffic control considerations. · Perform all duties (including legal and bond counsel) related to creating a special improvement district not identified in Exhibit A-Engineer’s Services. 5. Task Order Schedule A. In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: · Owner desires to have construction occur between May 1, 2022 and September 30, 2022. Engineer will plan the project to accommodate these dates, barring delays from SID creation, weather or other unexpected circumstances. · Owner will provide review comments, in writing, to Engineer for any draft deliverables submitted by Engineer. Owner will provide comments within 10-days of receipt from Engineer. Owner acknowledges delays in review/response may extend the final schedule. · Engineer shall provide periodic updates to Owner on the anticipated completion schedule, throughout the duration of the project. 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:, Design through Bidding Phases (A1.01- A1.05) $ 345,800 Lump Sum 2. Basic Services: Construction and Post-Construction Phase (A1.06-A1.07)* $ 250,000 Direct Labor TOTAL COMPENSATION $ 595,800 3. Additional Services (Part 2 of Exhibit A) (N/A) Direct Labor *Based on a 4 -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. 14 Task Order Form – 2022 Pavement Maintenance 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 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: None 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 October 13, 2020 Amendment to Engineer-Owner Agreement, Amendment No. 1. 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 July 27, 2021. OWNER: City of Laurel ENGINEER: KLJ Engineering, 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: Kurt Markegard Name: Matt Smith Title: Director of Public Works Title: Project Manager Address: PO Box 10 Laurel, MT 59044 Address: PO Box 80303 Billings, MT 59108 E-Mail Address: kmarkegard@laurel.mt.gov E-Mail Address: matt.smith@kljeng.com Phone: 406-628-4796 Phone: 406-245-5499 15 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 11 pages, referred to in and part of the Task Order dated July 27, 2021. KLJ Engineering Project No. 2104-00862 Engineer's Services for Task Order: 2022 Pavement Maintenance PART 1—BASIC SERVICES A1.01 Project Management A. Tasks below apply to the entire Project. 1. Organize and facilitate kick-off meetings (one each) with Owner and Engineer’s project teams to confirm roles, responsibilities and expectations for completing the project. 2. Provide project management services consisting of creating a work breakdown structure and detailed project schedule, creating and implementing a project management plan, facilitating weekly progress meetings and team coordination, reviewing time and expenses and generating monthly invoices, providing bi-weekly status updates to Owner, and provide oversight of the day- to-day Project activities. 3. Attend up to three (3) unscheduled meetings as needed to coordinate with Owner or other stakeholders. 4. Public Informational Meeting – It is expected that two (2) public informational meetings will be held. The first will be a public input meeting that will occur prior to preliminary design and the second will be an informative meeting just prior to construction. Engineer will prepare necessary exhibits and attend to represent the project. A1.02 Topography and Boundary Survey: A. Provide right-of-way and parcel ownership research and mapping. Research property boundaries based on plats and certificates of survey obtained from public records. The right-of-way survey is projected to include ties only to readily identifiable property corners in order to allow survey maps on each side to be computed and attached to the base drawing. This procedure is anticipated to be sufficiently accurate to reasonably determine the existing right-of-way and decide if right-of-way acquisition should be evaluated in greater detail. If acquisition is necessary, subject properties likely will require individual surveys and lot lines verified, the work associated with which is not included in this scope of work and will be addressed as Additional Services. B. Topographic and Design Surveys – Complete and furnish preliminary ground survey of project limits to include site contours, existing surface features, and above- and below-ground utilities. Topographic survey will generally be bounded within right-of-way limits, and occasionally beyond as needed to verify grades, adjacent features, and structures. The topographic survey will be accomplished by conventional survey methods. Primary control points will be established as Montana NAD83 (2002) OPUS corrected State Plane Coordinates. Prior to beginning topographic data collection, a level network will be run 16 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 through all control points and tied to the vertical datum. As topographic data is collected an ongoing QC-QA process will verify all data and make sure pertinent features are be included on the map. C. Base Drawing Preparation – Create a base drawing depicting calculated parcel boundaries, topographic survey data, and record drawings provided by Owner and other utility owners. D. Engineer’s fee assumes that the above work will occur during a period when snow is not present at the Site. Deliverable: Topographic Base Map Owner provides: known utility locations. A1.03 Preliminary Engineering A. Consult with Owner to define and clarify Owner’s requirements for the Specific Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations, and identify available data, information, reports, facilities plans, and site evaluations. B. Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer additional Specific Project-related data and information, for Engineer’s use in the study and evaluation of potential solution(s) to Owner’s Specific Project requirements, and preparation of a related report. C. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Specific Project to be designed or specified by Engineer. D. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Specific Project. The extent of Engineer’s design tasks that will be reflected in Drawings and Specifications, will include the following components: 1. Water and Sewer Main Design a. Design the replacement of the watermain that runs along S. 4 th St from Highway 212 to S. 8 th Ave. d. Design sewer main where it crosses S. 4 th St. e. Detail Drawings – Provide detail drawings of water and sewer main and other supplemental design information required for construction. 2. S. 4 th Street Reconstruction Design a. The project will be confined to existing right-of-way limits. However, after a public hearing with residents and City of Laurel; a different road section than existing may be installed. b. Have a Geotechnical analysis completed on S. 4 th Street to provide recommendations for an adequate asphalt cross section to include subgrade preparation, base thickness, and asphalt thickness. c. Design roadway grading and storm collection structures that correspond with current South Side Stormwater study findings. 17 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 following tasks are also included in Engineer’s scope of services as part of the Preliminary Design Phase. a. Coordinate with affected private utility owners (power, gas, phone, etc.), and evaluate if existing or potential conflicts necessitate utility relocation. If required, facilitate one (1) preliminary utility coordination meeting with Owner and other utility owners. Provide a written summation of utility owners comments. Completing a Subsurface Utility Engineering (SUE) survey is not included in this scope of work. 4. Based on the information contained in the Preliminary Design Phase documents, prepare an opinion of probable construction cost, and assist Owner in tabulating the various cost categories which comprise Total Project Costs. 5. Obtain and review Owner’s instructions regarding Owner’s procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner’s construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner’s bidding-related documents (or requests for proposals or other construction procurement documents), and Construction Contract Documents. Also obtain and review copies of Owner’s design and construction standards, Owner’s standard forms, general conditions (if other than EJCDC® C-700), supplementary conditions, text, and related documents or content for Engineer to include in the draft bidding-related documents (or requests for proposals or other construction procurement documents), and in the draft Construction Contract Documents, when applicable. 6. Furnish two (2) review copies of the Preliminary Design Phase documents, opinion of probable construction cost, and any other Preliminary Design Phase deliverables to Owner, and review them with Owner. 7. Visit the Site as needed to assist in preparing the Preliminary Design Phase documents and to review with Owner. Up to two (2) combined Site visits or Owner meetings are included in the Preliminary Design Phase tasks. E. Engineer’s services under the Preliminary Design Phase will be considered complete on the date when Engineer has delivered to Owner the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables. Engineer’s fee is based on completing the Preliminary Design Phase services above one time; multiple iterations will be provided as Additional Services. Engineer will not proceed with Final Design Phase without Owner’s acceptance of Preliminary Design Phase documents, opinion of probable construction cost, and any other Preliminary Design Phase deliverables that may affect the scope of the Project. F. Preliminary Engineering Deliverables: 1. Utility Coordination Meeting Comments. 2. Preliminary Water and Sewer Plan and Profile Drawings 3. Preliminary Stormwater and Street Reconstruction drawings. 4. Preliminary Detail Sheets. 18 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 5. Opinion of probable construction cost 6. Preliminary Construction Agreement Documents Based on the EJCDC C-700 Contract. A1.04 Final Design Phase A. As Basic Services, Engineer shall: 1. On the basis of the above acceptance, direction, and authorization, and after receiving Owner’s written review comments, prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Engineer’s fee is based on completing the Final Design Phase services described below one time; multiple iterations will be provided as Additional Services. 3. Visit the Site as needed to assist in preparing the final Drawings and Specifications and to review with Owner. Up to two (2) combined Site visits or Owner meetings are included in the Final Design Phase tasks. 4. Provide technical criteria, written descriptions, and design data for Owner’s use in filing applications for permits from the Montana Department of Environmental Quality. Additional permitting is not anticipated. 5. Advise Owner of any recommended adjustments to the opinion of probable construction cost. 6. In addition to preparing the final Drawings and Specifications, assemble drafts of other Construction Contract Documents based on specific instructions and contract forms, text, or content received from Owner. 7. Prepare or assemble draft bidding-related documents (or requests for proposals or other construction procurement documents), based on the specific bidding or procurement-related instructions and forms, text, or content received from Owner. 8. Furnish for review by Owner, its legal counsel, and other advisors, three (3) copies of the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables, and review them with Owner. 9. Revise the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables in accordance with comments and instructions from the Owner, as appropriate, and submit the required number of final copies of such documents to Owner after receipt of Owner’s comments and instructions. B. Engineer’s services under the Final Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications, other assembled Construction Contract Documents, bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables. 19 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 5 C. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer’s compensation has been established under this Task Order is one. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Task Order. D. Final Engineering Deliverables: 1. Final plans for Bidding 2. Final construction Contract Documents for Bidding 3. Completed MDEQ application A1.05 Bidding or Negotiating Phase A. As Basic Services, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work, assist Owner in issuing assembled design, contract, and bidding-related documents (or requests for proposals or other construction procurement documents) to prospective contractors, and, where applicable, maintain a record of prospective contractors to which documents have been issued, attend pre- bid conferences, if any, and receive and process contractor deposits or charges for the issued documents. 2. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued documents. 3. Consult with Owner as to the qualifications of prospective contractors. 4. If the issued documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by prospective contractors, provided that such proposals are allowed by the bidding-related documents (or requests for proposals or other construction procurement documents) prior to award of contracts for the Work. Services under this paragraph are subject to the provisions of Paragraph A2.01.B.2 of this Exhibit A. 5. Attend the bid opening, prepare bid tabulation sheets to meet Owner’s schedule, evaluate bids and provide a recommendation of award (if applicable), and assist Owner in assembling final contracts for the Work for execution by Owner and Contractor and in issuing notices of award of such contracts. 6. If Owner engages in negotiations with bidders or proposers, assisting Owner with respect to technical and engineering issues that arise during the negotiations will be provided subject to the provisions of Paragraph A2.01.B.2 of this Exhibit A. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors. C. Deliverables: 1. Bid Tab 2. Conformed Contract Documents 3. Addenda, If required. 4. Notice of Award Recommendation Letter 20 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 6 A1.06 Construction Phase A. As Basic Services, Engineer shall: 1. General Administration of Construction Contract : Consult with Owner and act as Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer shall be as assigned in EJCDC® C-700, Standard General Conditions of the Construction Contract (the Edition of which is to coincide with the current Montana Public Works Standard Specifications in effect at the time of a specific Task Order), prepared by the Engineers Joint Contract Documents Committee, or other construction general conditions specified in the Agreement. If Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of Engineer in the Construction Contract, or modify other terms of the Construction Contract having a direct bearing on Engineer, then Owner shall compensate Engineer for any related increases in the cost to provide Construction Phase services. Engineer shall not be required to furnish or perform services contrary to Engineer’s responsibilities as a licensed professional. All of Owner’s instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2. Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth in Exhibit D of the Master Services Agreement, which is hereby incorporated by reference. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s responsibilities or authority except as expressly set forth in Exhibit D. 3. It is anticipated that 680 hours of on-site RPR time will be sufficient to provide necessary construction observation through substantial completion, based on a recommended construction contract not to exceed 123 calendar days. RPR hours beyond this estimate are Additional Services and would require written authorization prior to proceeding. Construction observation time resulting from Contractor working outside of normal work hours, as will be defined in the contract documents will be paid by Owner to Engineer and then deducted from the Contractor’s payment. 4. Neighborhood Meeting : Engineer will attend and assist in one (1) neighborhood meeting. The meeting will primarily be informative to the public prior to beginning construction. Engineer will provide exhibits and/or preliminary drawings to assist with the discussion as needed. Preparation of 3-D renderings or similar artistic graphical displays is not included. Owner will send notifications for meeting invitations. 5. Selection of Independent Testing Laboratory : Through Engineer’s Subconsultant, provide Quality Assurance testing services as specified in Section 01400 of the Project Manual, at frequencies deemed necessary by the Engineer. 6. Pre-Construction Conference: Facilitate a pre-construction conference prior to commencement of Work at the Site. 7. Electronic Transmittal Protocols : If the Construction Contract Documents do not specify protocols for the transmittal of Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, then together with Owner and Contractor jointly develop such protocols 21 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 7 for transmittals between and among Owner, Contractor, and Engineer during the Construction Phase and Post-Construction Phase. 8. Original Documents : If requested by Owner to do so, maintain and safeguard during the Construction Phase at least one original printed record version of the Construction Contract Documents, including Drawings and Specifications signed and sealed by Engineer and other design professionals in accordance with applicable Laws and Regulations. Throughout the Construction Phase, make such original printed record version of the Construction Contract Documents available to Contractor and Owner for review. 9. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 10. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer’s judgment are necessary to enable Contractor to proceed. Provide construction surveys and staking to enable Contractor to perform its work. The total number of Engineer’s survey crew project site mobilizations included in the tasks above is two. Contractor will be responsible for all construction surveys not listed below; staking requests in addition to the specific items listed below or in excess of the budgeted number of mobilizations will be provided as Additional Services. Re-staking of previously completed work due to no fault of Engineer will be provided as Additional Services. Staking shall be provided for: a. Establish horizontal and vertical control – verify and reestablish horizontal and vertical coordinates of control required for construction staking. Set new control at a frequency suitable for construction during surveyor’s initial mobilization for the below. b. Water main, services, valves and hydrants – stake water main, valves, hydrants and appurtenances. c. Sanitary sewer main, services and manholes – stake manholes, services and appurtenances d. Street Centerline, curb and gutter, and sidewalks – stake top back curb, edge of walk, and street centerlines. e. Stormwater Collection facilities – stake inlets, culverts, valley pans, and appurtenances. 11. Visits to Site and Observation of Construction : In connection with observations of Contractor’s Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. It is anticipated that one (1) Site visit per week, by the Engineer, will be sufficient for the Engineer to adequately observe and gauge the progress and performance of the Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement, this Task Order, and the Construction Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional 22 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 8 judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer’s visits to the Site, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Construction Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Construction Contract Documents. Engineer shall not, during such visits or as a result of such observations of the Work, supervise, direct, or have control over the Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to any Constructor’s work in progress, for the coordination of the Constructors’ work or schedules, nor for any failure of any Constructor to comply with Laws and Regulations applicable to furnishing and performing of its work. Accordingly, Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s failure to furnish or perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. 12. Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work is defective under the terms and standards set forth in the Construction Contract Documents. Provide recommendations to Owner regarding whether Contractor should correct such Work or remove and replace such Work, or whether Owner should consider accepting such Work as provided in the Construction Contract Documents. 13. Compatibility with Design Concept : If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Construction Contract Documents is nonetheless not compatible with the design concept of the completed Project as a functioning whole, then inform Owner of such incompatibility, and provide recommendations for addressing such Work. 14. Clarifications and Interpretations : Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpretation—RFIs) or relating to the acceptability of the Work under the Construction Contract Documents. With reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction Contract Documents. 15. Field Orders : Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes in the Work. 16. Change Orders and Work Change Directives : Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as 23 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 9 required. Services related to additional design or construction review associated with Change Orders and Work Change Directives are not included and would be provided as Additional Services. 17. Differing Site Conditions : Respond to any notice from Contractor of differing site conditions, including conditions relating to underground facilities such as utilities, and hazardous environmental conditions. Promptly conduct reviews, obtain information, and prepare findings, conclusions, and recommendations for Owner’s use, subject to the limitations and responsibilities under the Agreement and the Construction Contract. 18. Non-reviewable matters : If a submitted matter in question concerns the Engineer’s performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (1) the performance or acceptability of the Work under the Construction Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation. 19. Shop Drawings, Samples, and Other Submittals : Review and approve or take other appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals, but only for conformance with the information given in the Construction Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor’s submittal schedule that Engineer has accepted. 20. Substitutes and “or-equal ”: Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.01.B of this Exhibit A. 21. Inspections and Tests : a. Receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Construction Contract Documents. Engineer’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Construction Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Construction Contract Documents. Engineer shall be entitled to rely on the results of such inspections and tests. b. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. c. Pursuant to the terms of the Construction Contract, require additional inspections or testing of the Work, whether or not the Work is fabricated, installed, or completed. 22. Change Proposals and Claims : (a) Review and respond to Contractor’s proposed changes to Work. Review each duly submitted change proposal from Contractor and, within 30 days after receipt of the Contractor’s supporting data, either deny the change proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If the change proposal does not involve the design (as set forth in the Drawings, 24 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 10 Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the change proposal. (b) Provide information or data to Owner regarding engineering or technical matters pertaining to Claims. 23. Applications for Payment : Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Recommend reductions in payment (set-offs) based on the provisions for set-offs stated in the Construction Contract. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Construction Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Construction Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). b. By recommending payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement or this Task Order. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work, or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the money paid to Contractor by Owner; to determine that title to any portion of the Work, including materials or equipment, has passed to Owner free and clear of any liens, claims, security interests, or encumbrances; or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 24. Contractor’s Completion Documents : Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Construction Contract Documents, certificates of inspection, tests and approvals, and Shop Drawings, Samples, and other data approved as provided under Paragraph A1.05.A.19. Receive from Contractor, review, and transmit to Owner the annotated record documents which are to be assembled by Contractor in accordance with the Construction 25 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 11 Contract Documents to obtain final payment. The extent of Engineer’s review of record documents shall be to check that Contractor has submitted all pages. 25. Substantial Completion : Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Site to review the Work and determine the status of completion. Follow the procedures in the Construction Contract regarding the preliminary certificate of Substantial Completion, punch list of items to be completed, Owner’s objections, notice to Contractor, and issuance of a final certificate of Substantial Completion. Assist Owner regarding any remaining engineering or technical matters affecting Owner’s use or occupancy of the Work following Substantial Completion. 26. Final Notice of Acceptability of the Work : Conduct a final visit to the specific Project to determine if the Work is complete and acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice to Owner and Contractor (“Notice of Acceptability of Work”) (also available as a construction form, EJCDC® C-626 (2013)) that the Work is acceptable to the best of Engineer’s knowledge, information, and belief, and based on the extent of the services provided by Engineer under the Agreement and this Task Order. 27. Standards for Certain Construction-Phase Decisions : Engineer will render decisions regarding the requirements of the Construction Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth in the Construction Contract for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the specific Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the specific Project involves more than one prime contract, then Construction Phase services may be rendered at different times in respect to the separate contracts. In such cases, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the final Construction Contract under the Task Order. A1.07 Post-Construction Phase A. Upon written authorization from Owner during the Post-Construction Phase, as Basic Services, Engineer shall: 1. Together with Owner, visit the Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. 2. Together with Owner, visit the Project within one month before the end of the Construction Contract’s correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by Contractor. 26 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 12 3. Prepare and submit to Owner and DEQ, each, one set of record drawings, showing all construction modifications to the original design. B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract’s correction period. C. Commissioning Phase – Not Included D. Other Services – Not Included E. The scope of this phase will be developed following Final Design and included by amendment. F. The scope of this phase will be developed following Final Design and included by amendment. A1.08 Commissioning Phase—Not Included A1.09 Other Services—Not Included 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. This Task Order contains specific information regarding tasks, number of iterations, and deliverables to be provided by Engineer. In addition to those specifically identified herein, the following list, which is not intended to be exclusive, summarizes other exclusions. a. Boundary surveys or establishing survey monuments b. Traffic analyses c. Public or private utility analyses, modeling or design, other than water and sewer system rehabilitation identified above. d. Subsurface drainage system design e. Structural design f. Landscape or irrigation design g. Right-of-way or permanent easement acquisition services h. 3-D or artistic renderings 2. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Specific 27 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 13 Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Specific Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Specific Project. 3. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 4. Services resulting from significant changes in the scope, extent, or character of the portions of the Specific Project designed or specified by Engineer, or the Specific Project’s design requirements, including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of the Task Order, requested by Owner, or are due to any other causes beyond Engineer’s control. 5. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to in Paragraph A1.01. 6. Services required as a result of Owner’s providing incomplete or incorrect Specific Project information to Engineer. 7. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review processes. 8. Preparing additional bidding-related documents (or requests for proposals or other construction procurement documents) or Construction Contract Documents for alternate bids or cost estimates requested by Owner for the Work or a portion thereof. 9. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 10. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all Addenda and any amendments negotiated by Owner and Contractor. 11. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. 28 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 14 12. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtained from Contractor, Owner, utility companies, and other sources; revise and supplement Record Drawings as needed. 13. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, mediation, lien or bond claim, or other legal or administrative proceeding involving the Project. 14. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.05, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 15. Excessive services during any correction period, or with respect to guarantees called for in the Construction Contract (except as agreed to under Basic Services). 16. Provide assistance in responding to the presence of any Constituent of Concern at any Site, in compliance with current Laws and Regulations. 17. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. B. Advance Written Authorization Not Required: Engineer shall advise Owner in advance that Engineer will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. 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. Upon request of Owner, attendance at meetings and completing site visits in addition to those identified above. 2. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner. 3. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than “or equal” items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 4. Additional or extended services arising from (a) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (b) emergencies or acts of God endangering the Work, (c) damage to the Work by fire or other causes during construction, (d) a significant 29 Exhibit A – Engineer's Services – 2022 Pavement Maintenance 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 15 amount of defective, neglected, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, or (f) default by Contractor. 5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. 6. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands. 7. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. 8. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, State, or local safety authorities for similar construction sites. 30 File Attachments for Item: 5. Resolution - A Resolution Of The City Council Authorizing The Award Of Grants From The Tax Increment Financing District Funds Pursuant To The Lura Large Grant Request Program For Eligible Applicants And Improvements. 31 R21-__ LURA Large Grant Applicant Approval RESOLUTION NO. R21-__ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE AWARD OF GRANTS FROM THE TAX INCREMENT FINANCING DISTRICT FUNDS PURSUANT TO THE LURA LARGE GRANT REQUEST PROGRAM FOR ELIGIBLE APPLICANTS AND IMPROVEMENTS. WHEREAS, the City of Laurel approved a Large Grant Request Program proposed by the Laurel Urban Renewal Agency (LURA) through Resolution No. R15-08; and WHEREAS, a number of property owners prepared and submitted applications seeking grant funding through the Large Grant Request Program for their respective projects; and WHERAS, as provided in the Meeting Minutes (attached hereto and incorporated herein), the LURA Board reviewed and considered all of the applications submitted and recommends the City Council’s approval and award of large grants to the Applicants in the following amounts: 1. Carl Jones -Laurel Auto Clinic: $75,894.00 2. Don Smarsh – Dynamic Designs: $23,208.00 3. Daniel Nease – Emerald HVAC: $6,475.00 4. Eric Harkins – Laurel Ford: $145,832.00 5. Marvin Carter – Fraternal Order of Eagles: $11,640.00 6. Nadine Horning – Rapid Tire: $11,905.00 WHEREAS, all the applicants, applications and projects are eligible for grant assistance and LURA recommends approval and funding of the same in the amounts provided herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the Applicants listed herein are hereby approved for large grants pursuant to the Large Grant Request Program in the amounts provided herein to be paid from the City’s Large Grant Request Program, Tax Increment Financing District Fund. Introduced at a regular meeting of the City Council on ________________, 2021, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this ___ day of ________________, 2021. APPROVED by the Mayor this ____ day of __________ 2021. CITY OF LAUREL 32 R21-__ LURA Large Grant Applicant Approval ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 33 Funding Avail: $ 275,000.00 $ - Applicant Project Application Date Start Date Completion Date Initial Requested Amount Working Amount 1 (50%) LURA Working Amount LURA Awarded Amount City Council Awarded Amount Carl Jones Laurel Auto Clinic - abatement and demolition of existing residence on the property. Mmove and construct bathrooms into the automotive shop and redesign the waiting room and office area 4/15/2021 3/1/2021 12/31/2021 $ 228,250.00 $ 114,125.00 $ 75,893.13 $ 75,894.00 Don Smarsh Dynamic Designs - Roof Replacement, Back parking lot replacement, installation of handicap ramp and door at front of building 5/24/2021 3/1/2021 11/1/2021 $ 46,415.89 $ 23,207.95 $ 23,207.95 $ 23,208.00 Daniel Nease Emerald HVAC - Removal and replacement of sewer piping and install new liner, involving interior and exterior excavation 5/27/2021 7/1/2021 12/31/2021 $ 12,950.00 $ 6,475.00 $ 6,475.00 $ 6,475.00 Eric Harkins Laurel Ford - Repair and Replace shop insulation, replace and upgrade asphalt surfacing of lot and landscaping, remove and replace flooring in customer kitchen/lounge area, install EV Charging stations at front parking area 5/28/2021 10/1/2021 9/1/2021 $ 438,591.77 $ 219,295.89 $ 145,831.76 $ 145,832.00 Marvin Carter Fraternal Order of Eagles - Remodel the back bar area including cooler, new shelves, mirros, electrical system, plumbing, ceiling and floor replacement, painting and carpentry 5/14/2021 7/1/2021 10/1/2021 $ 23,280.00 $ 11,640.00 $ 11,640.00 $ 11,640.00 Nadine Horning Rapid Tire - Beautify the corner of West Railroad st and S. 1st Ave, Landscape lawn and weeds, add plants and trees, install cement slab seating for pedestrians 6/1/2021 6/1/2021 11/1/2021 $ 23,809.00 $ 11,904.50 $ 11,904.50 $ 11,905.00 Total: $ 773,296.66 $ 386,648.33 $ 274,952.33 $ 274,954.00 $ - LURA Large Grants 2021 34 MINUTES CITY OF LAUREL LAUREL URBAN RENEWAL AGENCY MONDAY, JUNE 21, 2021 11:00 AM CITY COUNCIL CHAMBERS 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 Planning Director called the Meeting to order at 11:02AM. Mardie Spalinger Janice Lehman Daniel Klein Michelle DuBois Don Smarsh Nick (City of Laurel) Linda Frickel (arrived at 11:05) Dianne Lehme (BSEDA) Richard Herr Marvin Carter General Items 2. Approve Meeting Minutes: April 19, 2021 Members Reviewed the minutes from April 19, 2021. Don Motioned to approve the Minutes from the meeting on April 19, 2021. Mardie Seconded. Motion Carried. New Business Nick presented a brief overview of the grants. Discussed the grant for High Plains Brewing and his recommendation for inclusion. Daniel motioned to remove the grant application for High Plains Brewing from consideration. Mardie Seconded. Motion Carried. Nick presented the Large Grants and his recommended amounts of approval. Members discussed the length of time for the grants and eligibility. Daniel asked Don whether he would be okay with holding off on approval on the grant for Dynamic Designs as he is a voting member and recusal would negate the quorum of the meeting. 35 Could we hold an additional meeting to amend the Large Grants to include Dynamic Designs? The Applicant approved of waiting until a full meeting of the LURA Board to have his grant approved. Members asked if there are options for providing options for attending digitally (via Zoom or otherwise) 3. Large Grant Application: Laurel Auto Clinic Members reviewed the grant request and the spreadsheet. Daniel Motioned to approve the Large Grant Application for Laurel Auto Clinic totaling $75,894.00. Don Seconded. Motion Carried. 4. Large Grant Application: Fraternal Order of Eagles Members reviewed the grant request and the spreadsheet. Discussion of the grant with the Applicant Marvin Carter on timeline and contractors. Hope to get it started after the Fourth of July holiday. Mardie said that the Eagles have done good work on the outside. Marvin Carter said that the internal ceilings need to be fixed. There are a couple of ceilings that need replacing and improving. This grant would assist with that work. Mardie Motioned to approve the Large Grant Application for the Fraternal Order of Eagles for $11,640. Daniel Seconded. Motion Carried. 5. Large Grant Application: Laurel Ford Members reviewed the grant request and the spreadsheet. Discussion of Electric Chargers and if they are allowable. Nick treated them as Energy Efficiency and Infrastructure improvements. Discussion of site ownership and leasing for receiving grant funds. Nick provided additional information on who is eligible to receive funds. Daniel Motioned to approve the Large Grant Application for Laurel Ford totaling $145,832.00. Don Seconded. Motion Carried. 5. Large Grant Application: Rapid Tire Members reviewed the grant request and the spreadsheet. Members discussed that the Rapid Tire Grant fits the need for the district, landscaping, site work, and blight removal. This grant will make a big difference in aesthetics. 36 Mardie Motioned to approve the Large Grant Application for Rapid Tire totaling $11,905.00. Don Seconded. Motion Carried. Members discussed the Railroad Overpass. Is the State done with the restoration work on the sidewalls? The Stucco work? The project appears to be completed at this time. It was meant to strengthen the walls and structurally improve it. 7. Large Grant Application: Emerald HVAC Members reviewed the grant request and the spreadsheet. Don Motioned to approve the Large Grant Application for Emerald HVAC totaling $6,450.00. Mardie Seconded. Motion Carried. 8. Large Grant Application: Dynamic Designs Daniel suggested Tabling the application for Dynamic Designs until a proper quorum can be convened. The Members agreed. The Large Grant Application for Dynamic Designs has been tabled until the proposed meeting on June 28th. 9. Large Grant Application: High Plains Brewing Members removed the Large Grant Application for High Plains Brewing from consideration. The applicant has been notified that he will be able to re-apply during the next large grant cycle. Old Business Other Items Dianne Lehme of BSEDA was present. She suggested having Laurel consider the ARPA funding that is coming out. This is specifically for Water and Sewer Projects. TIFs and TEDD districts are eligible to receive funding. They do not require specific matching funds but they would prefer to see it. The applications are not as detailed as other ones are. The Largest amount able to be requested is $25 million. Eligible projects include drainage systems and storm water. Nick remarked that they have been working with KLJ to come up with projects. Richard Herr said it would be important to look westward by the interchange and to expand westward. The City could apply for multiple projects (WL Interchange, TIF District, etc.) This funding is also able to be matched with Federal dollars (NOT a normal situation). Nick mentioned that the City is also looking at other funding sources such as Coal Board in order to get projects done. 37 The Coal Board was recently reorganized and may look at Laurel and Yellowstone County differently. Members discussed possible eligibility of projects and how the Ditch improvement would Richard suggested appointing a Vice Chair. Nick placed the item on the agenda for June 28th. Announcements 10. Adjourn The next meeting is scheduled for June 28, 2021. Mardie Motioned to Adjourn. Daniel Seconded. Meeting Adjourned at 12:20pm. 11. Next Meeting: July 19, 2021 The City makes reasonable accommodations for any known disability that may interfere with a person’s abi lity 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 38 AGENDA CITY OF LAUREL LAUREL URBAN RENEWAL AGENCY MONDAY, JUNE 28, 2021 11:00 AM CITY COUNCIL CHAMBERS 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 11:00am Mardie Spalinger, Janice Lehman Dennis Eaton Don Smarsh Judy Goldsby Nick Altonaga (City of Laurel) General Items 2. Approve Meeting Minutes: June 21, 2021 Don Motioned to approve the meeting minutes from June 21, 2021. Mardie Seconded. Motion Carried. 3. Large Grant Program 2021 - Amendments Nick presented the outstanding grant application for Dynamic Designs ($23,208.00). Don has been working with Kurt Markegard with Public Works getting the encroachment permit completed for the handicap ramp. It has been a long process due to getting all the information together from the different contractors. KM has provided all the requirements. The roof is so bad that it cannot be patched. Needs a full replacement. Will be done by US Roof. Concrete work to be done by MKM. Drainage, and rear work is important to not have flooding when it rains. Door to be done by Associated Glass. Mardie motioned to approve the Large Grant Application for Dynamic Designs totaling $23,208.00. Dennis Seconded. Motion Carried. New Business 3. LURA Small Grant: Main St. Perk Sign Grant Nick presented the Don Motioned to approve the Sign Grant for Main Street Perk totaling $445.00. 39 Mardie Seconded. Motion Carried. 4. LURA Small Grant: The Front Porch Mardie Motioned to approve the General Small Grant Application for the Front Porch totaling $2,448.51. Don Seconded. Motion Carried. 5. LURA Small Grant: Laurel Ford Sign Grant Members reviewed and discussed the sign grant for Laurel Ford. Nick provided information about the Large Grant that was approved last week and this request. They are separate requests, with this not having been duplicated. Don Motioned to approve the Sign Grant for Laurel Ford totaling $3,000. Dennis Seconded. Motion Carried. Old Business Discussion of ARPA funding, and other projects. Dennis provided some information on the issues on the South Side. There is no drainage at all. Speed from truck traffic has been a big issue, as well as speed along those streets. Points discussed included: • Street Widening and citizen pushback. • Drainage within the whole area. • Parking concerns. • Industrial traffic from CHS refinery. • Speed from industrial traffic and other visitors Members discussed: • Discussion of ARPA funds and the different rounds of funding available. • Difficulties with procuring engineers and construction companies. • Do we know who have applied for grants? • Other grants available from Coal Board and others. • Need to have more training and certification programs ready for people. Other Items Don brought up what limits we should place on applicants? A limit on requested amounts? How do we weigh the application and requested amounts? Nick asked if we should cap the lifetime amount someone can award? Or if we should cap the amount of funds being applied for? 40 Dennis asked whether we SHOULD tie LURA funds to the incremental amounts paid into the district? Dennis – Everybody gets some. Should we have a system to better consider projects? The smaller, regular businesses should have a priority over the larger conglomerates who have money to spend. Public-facing improvements. (Entrance, façade, public spaces, etc.) Don mentioned that he has had conversations with people to open new businesses (restaurant, brewery, etc.) and didn’t know where to start. He has mentioned LURA to them as a way to get help with start-up costs and other major costs. Announcements Chair adjourned the meeting at 12:01pm. Next Meeting: July 19, 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 Cle rk’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 41 4 2 4 3 4 4 4 5 4 6 4 7 4 8 4 9 5 0 5 1 5 2 5 3 5 4 5 5 5 6 5 7 5 8 5 9 6 0 6 1 6 2 6 3 6 4 6 5 6 6 6 7 6 8 6 9 7 0 7 1 7 2 7 3 7 4 7 5 7 6 7 7 7 8 7 9 8 0 8 1 8 2 8 3 8 4 8 5 8 6 8 7 8 8 8 9 9 0 9 1 9 2 9 3 9 4 9 5 9 6 9 7 9 8 9 9 1 0 0 1 0 1 1 0 2 1 0 3 1 0 4 1 0 5 1 0 6 1 0 7 1 0 8 1 0 9 1 1 0 1 1 1 1 1 2 1 1 3 1 1 4 1 1 5 1 1 6 1 1 7 1 1 8 1 1 9 1 2 0 1 2 1 1 2 2 1 2 3 1 2 4 1 2 5 1 2 6 1 2 7 1 2 8 1 2 9 1 3 0 1 3 1 1 3 2 1 3 3 1 3 4 1 3 5 1 3 6 1 3 7 1 3 8 1 3 9 1 4 0 1 4 1 1 4 2 1 4 3 1 4 4 1 4 5 1 4 6 1 4 7 148 149 150 151 152 153 154 155 156 File Attachments for Item: 6. Resolution - A Resolution Of The City Council Authorizing The Award Of A Grant From The Tax Increment Financing District Funds Pursuant To The Lura Small Grant Request Program For Eligible Applicants And Improvement To An Apartment Building Located Within The District. 157 R21-____LURA Small Grant Funding Approval 2021 RESOLUTION NO. R21- A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE AWARD OF A GRANT FROM THE TAX INCREMENT FINANCING DISTRICT FUNDS PURSUANT TO THE LURA SMALL GRANT REQUEST PROGRAM FOR ELIGIBLE APPLICANTS AND IMPROVEMENT TO AN APARTMENT BUILDING LOCATED WITHIN THE DISTRICT. WHEREAS, the City of Laurel approved a Small Grant Request Program proposed by the Laurel Urban Renewal Agency (LURA) through Resolution No. R19-42; and WHEREAS, the property owners prepared and submitted an application seeking a grant through the Small Grant Request Program for their project to upgrade the non-working air conditioning system to improve the availability of rental apartments within the district; and WHERAS, the LURA Board reviewed and considered the application submitted and recommends the City Council’s approval and the award of the small grant to the applicant, for the amounts and purposes, attached hereto: Ken and Peggy Miller: $5000 WHEREAS, all the applicants, application and project is eligible for grant assistance and LURA recommends approval and funding of the same in the amounts provided herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the Applicants listed herein are hereby approved for the $5000 grant pursuant to the Small Grant Request Program to be paid from the City’s Small Grant Request Program, Tax Increment Financing District Fund. Introduced at a regular meeting of the City Council on __________________, by Council Member _______________. PASSED and APPROVED by the City Council of the City of Laurel this ____day of_______________2021. APPROVED by the Mayor this ____ day of _______________, 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: 158 R21-____LURA Small Grant Funding Approval 2021 __________________________________ Sam Painter, Civil City Attorney 159 1 6 0 1 6 1 1 6 2 1 6 3 1 6 4 1 6 5 1 6 6 1 6 7 1 6 8 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 169 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 170 File Attachments for Item: 7. Resolution - A Resolution Of The City Council Requesting The Mayor And City Staff Review The Existing Animal Regulations And Propose An Amendment To The Existing Regulations To Allow Persons To Own Chickens Within The City Limits. 171 R21-___Proposed Ordinance Change: Chicken Ownership RESOLUTION NO. R21-____ A RESOLUTION OF THE CITY COUNCIL REQUESTING THE MAYOR AND CITY STAFF REVIEW THE EXISTING ANIMAL REGULATIONS AND PROPOSE AN AMENDMENT TO THE EXISTING REGULATIONS TO ALLOW PERSONS TO OWN CHICKENS WITHIN THE CITY LIMITS. WHEREAS, the City Council was approached by members of the public who requested the City consider modifying its ordinance to allow citizens residing within city limits to own chickens for the production of fresh eggs similar to other cities and towns in Montana; and WHEREAS, the Mayor and City Staff would like direction from the City Council to determine if there is sufficient interest by the Council in the referenced ordinance change to allow chicken ownership within city limits prior to dedicating substantial staff time and effort to the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel that the Mayor and Staff are requested to research the matter and bring back a proposed amendment to the City Ordinance which would allow chicken ownership within the city limits for the Council’s consideration and presentation to the public. Introduced at a regular meeting of the City Council on ___________2021, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel this __th day of _________________2021. APPROVED by the Mayor this __day of ____________2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 172 File Attachments for Item: 8. Judge Qualifications Draft Ordinance Discussion 173 Chapter 2.68 - CITY COURT Sections: 174 2.68.010 - Established. 2.68.010 - Established. A city court is established in the city. The city judge shall establish regular sessions of the court. On judicial days, the court shall be open for all business, civil and criminal. On nonjudicial days, as defined in 3-1-302, MCA, the court may transact criminal business only. (Ord. 931 (part), 1988: prior code § 2.16.010) 2.68.020 - Concurrent jurisdiction with youth court. The city court shall have concurrent jurisdiction with the youth court over all alcoholic beverage violations alleged to have been committed by the youth. (Prior code § 2.16.020) 2.68.030 - Jurisdiction. A. The city court has concurrent jurisdiction with the justice's court of all proceedings mentione d and provided for under Chapter 10, Part 3, of Title 3, Montana Code Annotated. B. A criminal action brought for violation of a city ordinance must be brought in the name of the city as the plaintiff and against the accused as the defendant. C. A criminal action brought for violation of a state law within the city may be brought either in the name of the state as the plaintiff or in the name of the city as the plaintiff and must be brought against the accused as the defendant. D. A criminal action brought for violation of a state law within the county and within the city court's concurrent jurisdiction with the justice's court must be brought in the name of the state as the plaintiff and against the accused as the defendant. E. A civil action brought in the city court must be prosecuted or defended in the same manner as a civil action in justice's courts under the Montana Justice and City Courts Rule of Civil Procedure (Title 25, Chapter 23, MCA). F. Application for search warrants and complaints c harging the commission of a felony may be filed in the city court as provided under Section 3-11-102(2), MCA. (Ord. 02-11, 2002: Ord. 931 (part), 1988: prior code § 2.16.030) 2.68.040 - Exclusive jurisdiction when. The city court has exclusive jurisdiction of: A. Proceedings for the violation of an ordinance of the city or town, both civil and criminal; B. When the amount of the taxes or assessments sought does not exceed five thousand dollars, actions for the collection of taxes or assessments levied for any of the following purposes, except that no lien on the property taxed or assessed for the nonpayment of the taxes or assessments may be foreclosed in any such action: 1. City or town purposes, 2. The erection or improvement of public buildings, 3. The laying out, opening, or improving of a public street, sidewalk, alley or bridge, 175 4. The acquisition or improvement of any public grounds, and 5. Public improvements made or ordered by the city or town within its limits; C. Actions for the collection of money due to the city or town from the city or town to any person when the amount sought, exclusive of interest and costs, does not exceed five thousand dollars; D. When the amount claimed, exclusive of costs, does not exceed five thousand dollars, actions for: 1. The breach of an official bond given by a city or town officer, 2. The breach of any contract when the city or town is a party or is in any way interested, 3. Damages when the city or town is a party or is in any way interested, 4. The enforcement of forfeited recognizances given to, for the benefit of, or on behalf of the city or town, and 5. Collection on bonds given upon appeal taken from the judgment of the court in any action mentioned in subdivisions 1—4 of this subsection; E. Actions for the recovery of personal property belonging to the city or town when the value of the property, exclusive of the damages for the taking or detention, does not ex ceed five thousand dollars; and F. Actions for the collection of a license fee required by an ordinance of the city or town. (Ord. 02-12, 2002: Ord. 931 (part), 1988: prior code § 2.16.040) 2.68.050 - Criminal actions—Preliminary examinations. Proceedings in preliminary examinations in criminal actions in the city court shall be conducted as in justice court. (Ord. 931 (part), 1988: prior code § 2.16.050) 2.68.060 - Criminal actions—Proceedings. Proceedings in city court in criminal actions shall be conducted as in justice's courts. (Ord. 931 (part), 1988: prior code § 2.16.060) 2.68.070 - Civil actions—Proceedings. A. Proceedings in city court in civil actions shall be conducted as in justice's courts and conform to the Montana Justice Court Rules of Civil Procedure. B. Civil actions are commenced by filing a complaint. (Ord. 02-13, 2002: Ord. 931 (part), 1988: prior code § 2.16.070) 2.68.080 - Civil fees. The fees to be paid in every civil action of the city court shall be the same as those required in a justice court under Montana Code Annotated Section 25-31-112. All fees must be paid in advance, and no costs shall be included in any judgment until they have been paid. However, nothing in this code shall restrict or prevent the bringing of suits in forma pauperis, as allowed by MCA Section 25-10-404. 176 (Ord. 956, 1989: prior code § 2.16.130) 2.68.090 - City judge qualifications. A. No person is eligible for the office of city judge unless prior to filing the oath of office with the county clerk is either: 1. An attorney at law authorized to practice law in the state; 2. A person who has held the office of city judge within the preceding five years; or 3. A person who has completed the orientation course of study held under direction of the supreme court or has been excused by the supreme court. B. No person is eligible for the office of city judge who upon filing for office shall not meet the residency requirements as for the office of mayor under 7-4-4301, MCA. C. No city judge may assume the functions of his office unless he has filed with the county clerk and recorder a certificate of completion of a course of education and training prescribed by the commission on courts of limited jurisdiction under 3-1-1502, MCA. (Ord. 931 (part), 1988: prior code § 2.16.080) 2.68.100 - City judge—Salary. The annual salary of the city judge shall be set by city council by resolution, paid on the regularly established paydays of the city, and include the fringe benefit of regular group health coverage supplied to other city employees. (Ord. 06-09, 2006: Ord. 04-7, 2004: Ord. 01-1, 2001: Ord. 99-26, 1999: Ord. 96-4, 1996: Ord. 94-19, 1994: Ord. 1081, 1993: Ord. 1039, 1992: Ord. 979, 1990: Ord. 889, 1986: prior code § 2.16.120) (Ord. No. O08-01, 2-19-08; Ord. No. O09-03, 3-17-09; Ord. No. O09-11, 12-15-09) 2.68.110 - Substitute judge when. A. The city judge or mayor may call in a city judge, a justice of the peace, or some qualified person to act in the judge's place whenever the judge is: 1. A party in a case; 2. Interested in a case; 3. The spouse of or related to either party in a case by consanguinity or affinity within the sixth degree; or 4. Sick, absent, or unable to act. B. The city judge may call in a city judge, justice of the peace, or some qualified person to act in his stead when a disqualifying affidavit is filed against him pursuant to the supreme court's rules on disqualification and substitution of judges. C. A city judge of any city or a justice of the peace of any county may sit as a city judge at the city judge's request. D. No person may serve as a substitute city judge unless he has a certificate of completion of a course of education and training prescribed by the commission on courts of limited jurisdiction under 3 -1- 177 1502, MCA or has been given a waiver and temporary certificate by the commission on courts of limited jurisdiction. (Ord. 931 (part), 1988: prior code § 2.16.090) 2.68.120 - City judge—Authority to collect fines. The city judge shall collect all fines, costs and forfeitures that accrue t o the city from cases tried or disposed of in city court. He shall give a receipt therefor to the person paying the same, and pay the collected moneys to the city clerk-treasurer. (Ord. 97-2 § 4 (part), 1997; prior code § 2.16.100) 2.68.130 - Disposition of fines. All fines, costs and forfeitures that accrue to the city from cases tried or disposed of in the city court shall be deposited in the general fund. (Ord. 1014, 1992: prior code § 2.16.110) Chapter 2.68 – CITY COURT - Repealed Chapter 2.69 - MUNICIPAL COURT 2.69.010 - Established. The Municipal Court of the City of Laurel, Montana, is hereby established pursuant to Title 3, Chapter 6, Montana Code Annotated (MCA). The Municipal Court shall be a court of record by electronic recording or stenographic transcription and shall assume continuing jurisdiction over all pending City Court cases. 2.69.020 Jurisdiction. (1) The municipal court has jurisdiction coordinate and coextensive with the Justice Court of Yellowstone County and has exclusive original jurisdiction of all civil and criminal actions and proceedings provided for in MCA 3-11-103. (2) Applications for search warrants and complaints charging the commission of a felony may be filed in municipal court. The municipal court judge has the same jurisdiction and responsibility as a justice of the peace, including holding preliminary hearings. The city attorney may initiate proceedings charging a felony if the offense was committed within the city limits, but the county attorney shall take charge of the action if an information is filed in district court. 178 2.69.030 Powers and duties of municipal judge. A municipal judge will have those powers and duties as are provided by state law and the state supreme court. A judge will also have all duties impose d by city ordinances. A judge will hear and determine all suits, actions and prosecutions instituted in the municipal court pursuant to state law and ordinances of the city. 2.69.040 - Municipal Court Judges. (1) There shall be one (1) Municipal Court Judge elected to a four (4) year term pursuant to Mont. Code Ann. Title 3, Chapter 6. The qualifications of the elected Municipal Court Judge shall be as required by Montana law to include: (2) The same qualifications as a Montana Judicial District Court Judge as set forth in Article VII, Section 9, of the Montana Constitution, except that the Municipal Court Judge need only be admitted to the practice of l aw in Montana for at least three (3) years prior to the date of the election; (3) The Municipal Court Judge shall be a resident and qualified elector in the City of Laurel metro area at the time of his or her election; and (4) The Municipal Court Judge sh all be certified as provided in Mont. Code Ann. §§ 3-1-1502-1503, prior to assuming office. (5) The salary of the Municipal Court Judge shall be set by C ity Council resolution. (6) The elected Municipal Court Judge may appoint a part -time Assistant Municipal Court Judge to serve at the will of the elected Municipal Court Judge. The Assistant Municipal Court Judge shall: A. Meet the qualifications as set forth in Article VII, Section 9, of the Montana Constitution, except that the Assistant Judge need only be admitted to the practice of law in Montana for at least three (3) years prior to the date of appointment; B. Be certified as provided in Mont. Code Ann. §§ 3 -1-1502-1503, prior to appointment; and 179 C. The salary for the Assistant Municipal Court Ju dge shall be set by City Council resolution. 2.69.050 Powers and duties of municipal judge. A municipal judge will have those powers and duties as are provided by state law and the state supreme court. A judge will also have all duties imposed by city ordinances. A judge will hear and determine all suits, actions and prosecutions instituted in the municipal court pursuant to state law and ordinances of the city. 2.69.060 Judge pro tempore. When a judge of a municipal court has been disqualified or is sick or unable to act, the judge shall call in a sitting or retired judge of a court of record or an attorney who is a member of the state bar of Montana and is in good standing to act as a judge pro tempore. The judge pro tempore has the same power and authority as the municipal court judge. 2.69.070 Officers of court. (1) The chief of police of the city is the executive officer of the municipal court. The chief of police shall serve all process and execute all orders of the court, either in person or by subordinate police officer, who shall execute process in the chief's name. (2) The chief of police, with the approval of the judge, shall appoint one or more police officers as court officers, one of whom shall attend the sessions of the court and perform all duties in connection with the court that the judge may require. 2.69.080 - Municipal Court Clerk. (1) The position of a Municipal Court Clerk is hereby established pursuant to Title 3, Chapter 6, MCA, to administer and retain court records by paper or electronic filing or storage. The salary of the Municipal Court Clerk shall be set by Commission resolution. The Office of the Court Clerk will be open to assist the public between the hours of 8:00 AM and 4:00 PM every Monday through Friday exclusive of f ederal holidays. 180 (2) The clerk will work under the supervision and control of the chief municipal judge. In any event, the clerk will maintain a paper copy of all records established. The clerk will assist the municipal judge in the recording and signing of court proceedings as well as general operations of the court. The clerk will have all other powers and duties as prescribed in MCA 3 -5-501, relevant to a municipal court as well as all other duties assigned by the department of administrative services. (3) The Laurel Municipal Court Clerk will provide public court records upon written request and may set an appropriate fee. The Court will provide records request for Government Agencies free of charge. 2.69.090 - Oath and deposit of funds. (1) The oath of office will be filed with the office of the city clerk. (2) The moneys, from whatever source, collected under the jurisdiction of the municipal judge will be deposited and managed in accordance with law. (3) All such moneys will be deposited with the tr easurer of the city. (4) In order to establish an appropriate control of moneys deposited temporarily for bonds, appearance bonds, etc., all such moneys will be placed into a trust fund to be maintained and controlled by the clerk of the municipal court. Upon final disposition of the matter to which such a bond pertains by the municipal court, the clerk of the municipal court will disburse such moneys according to the direction of the municipal judge. (5) All fines, costs and forfeitures that accrue to th e city from cases tried or disposed of in the city court shall be deposited in the general fund. 2.69.100 - Appeal to District Court. (1) Appeals of Municipal Court judgments or orders must be made to District Court and are confined to review of the record and questions of law. A party may appeal a Municipal Court judgment if: A. In criminal causes of action, the amount of controversy exceeds three hundred dollars ($300.00); or 181 B. The judgment includes incarceration; or C. In civil causes of action, the amount of controversy exceeds one thousand dollars ($1,000). D. Upon petition of an aggrieved party, the District Court may, in the interests of justice, accept appellate jurisdiction notwithstanding the amount in controversy. (2) On appeal, the clerk of the municipal court will transfer the record consisting of an electronic recording or stenographic transcription of the case tried, together with all papers filed in the action. The clerk may charge the requestor a reasonable fee fo r any copies or transcription made necessary by the appeal. 182 File Attachments for Item: 14. Draft Council Agenda for July 27, 2021. 183 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, JULY 27, 2021 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R18-XX NEXT ORD. NO. O18-XX 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 Minutes of July 13, 2021. Correspondence 2. Ambulance Monthly Report - June 2021 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 enacted 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 r oll call under one motion. 3. Claims entered through July 23, 2021. 4. Approval of Payroll Register for PPE 7/11/2021 totaling $208,203.25. 5. Council Workshop Minutes of July 6, 2021. Ceremonial Calendar Reports of Boards and Commissions 6. Budget/Finance Committee Minutes of June 22, 2021. 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 Schedu led 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. 184 Scheduled Matters 7. Resolution No. R21-50: A Resolution Of The City Council Authorizing The Award Of Grants From The Tax Increment Financing District Funds Pursuant To The Lura Large Grant Request Program For Eligible Applicants And Improvements. 8. Appointment of Adam Bell, Ashley Bell, and Travis Berchenger to the Laurel Volunteer Fire Department. 9. Resolution - A Resolution Of The City Council Selecting Kios Brothers As The Successful Bidder For The City’s Purchase Of A Garbage Truck. 10. Resolution - A Resolution Adopting A Formalized Procedure For The City’s Fire Department To Administer Fire Members’ Drill Pay. 11. Resolution - A Resolution Of The City Council Approving A Task Order Between The City Of Laurel And KLJ Engineering Inc. To Authorize Service For The 2022 Pavement Maintenance Project. 12. Resolution - A Resolution Of The City Council Authorizing The Award Of Grants From The Tax Increment Financing District Funds Pursuant To The Lura Large Grant Request Program For Eligible Applicants And Improvements. 13. Resolution - A Resolution Of The City Council Authorizing The Award Of A Grant From The Tax Increment Financing District Funds Pursuant To The Lura Small Grant Request Program For Eligible Applicants And Improvement To An Apartment Building Located Within The District. 14. Resolution - A Resolution Of The City Council Requesting The Mayor And City Staff Review The Existing Animal Regulations And Propose An Amendment To The Existing Regulations To Allow Persons To Own Chickens Within The City Limits. 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 t o 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 need ed 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 185