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HomeMy WebLinkAboutCity Council Packet 08.24.2021 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, AUGUST 24, 2021 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R21-71 NEXT ORD. NO. O21-04 WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will attend the Laurel City Council meetings often . Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approval of Minutes of August 10, 2021. Correspondence 2. Fire Monthly Report - July 2021 3. Ambulance Monthly Report - July 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 roll call under one motion. 4. Claims entered through August 20, 2021. 5. Approval of Payroll Register for PPE 8/8/2021 totaling $223,709.48. 6. Council Workshop Minutes of July 20, 2021. Ceremonial Calendar Reports of Boards and Commissions 7. Budget/Finance Committee Minutes of August 10, 2021. 8. Park Board Minutes of August 5, 2021. 9. Library Board Minutes of May 11, 2021. 10. Library Board Meeting Minutes of June 8, 2021. 11. Library Board Minutes of July 8, 2021. 1 12. Tree Board Minutes of June 17, 2021. 13. Public Works Committee Minutes of July 19, 2021. 14. Emergency Services Committee Minutes of July 26, 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 Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 15. Appointment of Bynnan Miller to the Laurel Volunteer Ambulance Service. 16. Appointment of Adam Dennis to the Laurel Volunteer Fire Department. 17. Resolution No. R21-71: A Resolution To Authorize The Mayor To Sign An Agreement With Laurel Public Schools, District 7 And 7-70, Continuing The School Resource Officer (SRO) Program For The Laurel Middle School. 18. Resolution No. R21-72: A Resolution To Authorize The Mayor To Sign An Agreement With Laurel Public Schools, District 7 And 7-70, Continuing The School Resource Officer (SRO) Program For The Laurel High School. 19. Resolution No. R21-73: A Resolution Of The City Council Selecting Askin Construction, LLC As The Successful Bidder For The City Project Known As The Lindy Lane Sewer Replacement Project. 20. Resolution No. R21-74: 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. 21. Resolution No. R21-75: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With True North Contracting For Asphalt Replacement And Repair On Various Streets And Intersections Within The City Limits. 22. Resolution No. R21-76: A Resolution Of The City Council Approving A Memorandum Of Understanding To Implement The Two-Year Wage And Benefit Agreement Negotiated Between The City Of Laurel And Local Union Local 316, American Federation Of State, County And Municipal Employees, AFSCME. 23. Resolution No. R21-77: A Resolution Of Intent To Adopt An Official Schedule Of Fees And Charges For The City Of Laurel Repealing All Previous Resolutions That Set Fees Or Charges That Conflict With The Schedule Attached Hereto Upon Its Effective Date. 24. Resolution No. R21-78: A Resolution Of The City Council Approving An Amendment To The Previously Approved Task Order Between The City Of Laurel And KLJ Engineering Inc. Authorizing Additional Compensation For Additional Engineering For The 5th Avenue Water Main Re-Route Project. 25. Resolution No. R21-79: Resolution Authorizing Owner’s Request To Seek Annexation Of 306 West 12th Street Pursuant To The City Of Laurel Annexation Policy. 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 Counc il regarding community announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters 2 Adjournment The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 3 File Attachments for Item: 1. Approval of Minutes of August 10, 2021. 4 5 6 7 File Attachments for Item: 2. Fire Monthly Report - July 2021 8 9 File Attachments for Item: 3. Ambulance Monthly Report - July 2021 10 Laurel Emergency Services Report created 8/13/21: 2020 1090 requests for service 159 times LEMS was unavailable 72 times AMR was unavailable* 288 responses in Ward 5 = 27% of calls outside of the city of Laurel Recent Month Summary: July 2021: Requests 127 Missed Calls 11 = 9% Shortest Delay 14 minutes Longest Delay 1 hour 15 minutes Average Delay 35 minutes Fire Driver Available 16 times QRU Response With 1 Provider 9 times ** On A Previous Call 1 time No Crew / Provider Available 2 times AMR Transported or Responded 4 times Red Lodge Transported 0 time HELP Flight Transported 1 time Columbus Transported 0 time Joliet Transported 1 time PD Assisted Pt no transport 0 time POV Transport 3 times YCSO Transported 1 time MHP Transported 1 time **1 time the QRU responded and the patient refused / no transport to hospital or no patient found * 43 responses in Ward 5 = 34 % of calls outside of the city of Laurel 11 2021 Running Totals January February March April May June July August September October November December Total 2021 Requests 92 98 117 96 108 89 127 727 Missed Calls 8=9% 2=3% 10=9% 12=12% 8=7% 16=18% 11=9% 67 Shortest Delay (minutes) 20 43 15 15 36 10 14 10 Longest Delay (minutes) 45 70 80 87 73 60 75 87 Average Delay (minutes) 25 47 30 50 61 36 35 41 Fire Driver Available 11 21 26 9 15 7 16 105 QRU Response w 1 Provider 6 1 5 7 3 14** 9** 45 On A Previous Call 3 1 4 2 1 1 1 13 No Crew / Provider Available 0 2 1 3 4 2 2 13 AMR Transported or Responded 4 1 5 7 5 5 4 31 Columbus Transported 0 0 0 1 1 1 0 3 Park City Transported 1 0 1 0 0 0 0 2 Red Lodge Transported 0 0 0 0 0 1 0 1 HELP Flight Transported 0 0 0 0 0 1 1 2 POV Transport 3 1 4 3 2 2 3 18 PD Assisted Pt no transport 0 0 0 0 0 1 0 1 Responses in Ward 5 21=23% 40=41% 30=26% 28=29% 36=33% 27=30% 43=34% 225=31% **7 times the QRU responded and the patient refused / no transport to hospital or no patient found Other Reporting Information: - July was a busy month. One full time employee was out on light duty and a large part of our staff were gone for the month which made staffing difficult. Those that were working did an amazing job filling holes and covering as best as possible. - We changed the locks on the ambulance side of the building. Unfortunately we were unable to account for many keys from previous years and crew and equipment safety was a concern. - We continue to move forward with training on new equipment and protocols. - We would like to bring on one additional EMT volunteer that lives here in Laurel and believe would fit in great with our staff. We are hoping to wrap up some of the other new hires training and once they are cut loose will re evaluate our staffing numbers to determine if we want to bring on more staff. - We have applied for an MDT grant for an ambulance, I believe we should hear back on whether we will be awarded this by mid October. - We did receive permission from the state of Montana EMS & Trauma department to extend our waiver for fire drivers for another 6 months. It expired in July. We will continue to work on ways to try and ensure we have good staffing and ability to work with the fire department staff for assistance. We have not heard back on the grant for conducting a first responder class for them, I would anticipate this being announced anytime now. 12 File Attachments for Item: 6. Council Workshop Minutes of July 20, 2021. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 File Attachments for Item: 7. Budget/Finance Committee Minutes of August 10, 2021. 74 Minutes of City of Laurel Budget/Finance Committee Tuesday, August 10, 2021 Members Present: Bruce McGee Richard Klose Scot Stokes Others Present: Bethany Langve, Clerk/Treasurer The meeting was called to order by the Committee Chair at 5:03pm. 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. There was no public input. General Items – 1. Review and approve the July 27, 2021 Budget and Finance Committee meeting minutes. Richard Klose moved to approve the minutes of the July 27, 2021 Budget and Finance Committee meeting. Scot Stokes seconded the motion, all in favor, motion passed. 2. Review and Approve purchase requisition from the City for upgrade of lighting to LED’s. The Clerk/Treasurer explained the lighting from the metal door, leading out of the finance office, to the Mayor’s office, and old CAO office needed to be to be upgraded. The Committee asked why there was only one quote. The Clerk/Treasurer stated ACE Electric has been the vendor doing all the upgrades for LED lighting for the City. The Committee requested at least one more quote before approving the purchase requisition. The Clerk/Treasurer stated she would get additional quotes and bring the request back to the Committee. 3. Review and approve the November 2020 Month End Reports. The Clerk/Treasurer explained there was a balancing issue on the first page of the report that she could not figure out. She believed it had to do with the fraud charges, which were disputed and returned by the bank. She explained the disbursements and receipts balance, and the December 2020 front page returns to the correct final balancing number. The Committee had no questions or comments regarding the month end reports. Richard Klose moved to approve the minutes of the November 2020 Month End Reports. Scot Stokes seconded the motion, all in favor, motion passed. 4. Review and approve the November 2020 Financial Statements. The Committee had no questions or comments regarding the November 2020 Financial Statements. Bruce McGee moved to approve the November 2020 Financial Statements. Scot Stokes seconded the motion, all in favor, motion passed. 5. Review and approve the December 2020 Month End Reports. The Committee had no questions or comments regarding the December 2020 Month End Reports. Scot Stokes moved to approve the December 2020 Month End Reports. Richard Klose seconded the motion, all in favor, motion passed. 6. Review and approve the December 2020 Financial Statements. The Committee had no questions or comments regarding the December 2020 Financial Statements. Scot Stokes moved to approve the December 2020 Financial Statements. Richard Klose seconded the motion, all in favor, motion passed. 7. Review and approve the July 2021 Utility Billing Adjustments. The Committee had no questions or comments regarding the July 2021 Utility Billing Adjustments. Scot Stokes made a 75 motion to approve the July 2021 Utility Billing Adjustments. Richard Klose seconded the motion, all in favor, motion passed. 8. Review and recommend approval to Council, Claims entered through 08/06/2021. The claims and check register had previously been reviewed by the Committee. Bruce McGee made a motion to approve the claims entered through 08/06/2021. Scot Stokes seconded the motion, all in favor, motion passed. 9. Review and approve Payroll Register for pay period ending 07/25/2021 totaling $168,706.35. The Clerk/Treasurer stated there was an error on the agenda for this item. The agenda was off by $1.00. Scot Stokes made a motion to recommend approval of the payroll register for pay period ending 07/25/2021 totaling $168,706.35. Richard Klose seconded the motion, all in favor, motion passed. New Business – 10. Set claims review schedule beginning with the October 12th Budget and Finance Committee meeting. The Committee set the following Schedule: October 12 – Emelie Eaton October 26 – Bruce McGee November 9 – Richard Klose November 23 – Scot Stokes December 14 – Emelie Eaton December 28 – Bruce McGee 11. Budget Update – The Committee asked how the decision was reached to move the budget from the Code Enforcement section of General Fund to the Animal Control section of General Fund. The Clerk/Treasurer stated the Mayor and City Staff had meetings to discuss this move. The Planning Director and Building Official are working together upstairs. They will continue to handle those duties, which include building, and fire inspections. By moving the Code Enforcement budget to the Police Department side, it provided a way to hire an Animal Control Officer who can take care of parking, animal complaints and code enforcement issues while out. The Chief of Police agreed this made more sense having this position within the Police Department. The Committee was concerned the decision had been made and no information had been provided to City Council. The Clerk/Treasurer stated it was an executive issue and information was being provided to City Council through the budget. Councilmember Stokes inquired as to whether City Attorney, Sam Painter, was reimbursing the City for his health insurance. He recalled a conversation during a City Council meeting, where is was cheaper for the City Attorney to be on the City health insurance, however, since health insurance wasn’t part of his contract he would reimburse the City for the cost. The Clerk/Treasurer stated she would have to look at the City Attorney contract to make sure, since she didn’t know. The Clerk/Treasurer asked the Council Secretary to pull the City Attorney’s contract. Councilmember Stokes stated if this had been done wrong over the years the City Attorney would need to reimburse the City. The Clerk/Treasurer stated if the City Attorney contract didn’t include health insurance, she would need to investigate payroll and see how the health insurance was being paid for as it could be taken out of his check. Councilmember Stokes asked if City Council could terminate contracts. The Clerk/Treasurer stated they could by majority council vote. Councilmember Stokes stated the City Council could terminate the City Attorney contract. Councilmember McGee stated he would have a hard time with that. The Clerk/Treasurer stated the City Attorney is the only person within the City the Mayor cannot fire, and for good reason. She stated if the City Attorney caught the Mayor acting unethically, the Mayor cannot simply fire the City Attorney to cover it up. The Council Secretary returned with a copy of the City Attorney contract. After review, it was determined health insurance was included in the City Attorney contract. Councilmember Stokes asked the Council Secretary if the LURA discussion, and the City Prosecutor information were going to be on the City Workshop agenda. The Council Secretary stated he would need to ask the Mayor about City Workshop agendas. The Clerk/Treasurer stated the Council Workshop scheduled for the 17th 76 was going to be moved to the 24th because City Council and the Mayor were going to attend training with Dan Clark from the Local Government Center. The Clerk/Treasurer stated she was excited because it looked as thought the Solid Waste department was going to be able to budget for another garbage truck purchase for Fiscal Year 2022. Councilmember Stokes stated this would be the third one since he’s been a councilmember and inquired why they needed another one. The Clerk/Treasurer stated the Solid Waste department is way behind on replacing garbage trucks. Councilmember Klose stated he remembered there was one fund which could not be used for Cemetery purchases, but he wanted to know what the other two cemetery funds were, and if they could be used for cemetery purchases. The Clerk/Treasurer stated the one fund that couldn’t be used was the Cemetery Perpetual Fund. Councilmember McGee stated he remembered Councilmember Stokes looking up the Perpetual Fund, and it was to be used for repairs to the Cemetery when the City could no longer care for the Cemetery. The Clerk/Treasurer stated she would bring an updated regarding the other two Cemetery funds and if they were restricted or not. Old Business – 12. Discussion regarding the Cemetery parking lot. The Mayor stated he didn’t understand why this topic was on the agenda. He stated he will get the City Attorney to complete the lease agreement and then it will go to the Legion. Other Items – 13. Review the Pay Period Ending 07/25/2021 Comp/Overtime Report. There were no comments or questions regarding the report. 14. Clerk/Treasurer Update – The Clerk/Treasurer stated her, and her staff were working on the budget, and getting information to the auditors. 15. Mayor Update – The Mayor stated this budget cycle the City was going to annex places the City provided city services to. Announcements – 16. The next Budget and Finance Committee meeting will be held on August 24, 2021 at 5:00pm. 17. Bruce McGee will be reviewing claims for the next meeting. Respectfully submitted, Bethany Langve Clerk/Treasurer NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. 77 File Attachments for Item: 8. Park Board Minutes of August 5, 2021. 78 79 80 81 82 83 84 File Attachments for Item: 9. Library Board Minutes of May 11, 2021. 85 86 87 88 File Attachments for Item: 10. Library Board Meeting Minutes of June 8, 2021. 89 90 91 92 File Attachments for Item: 11. Library Board Minutes of July 8, 2021. 93 94 95 96 File Attachments for Item: 12. Tree Board Minutes of June 17, 2021. 97 98 File Attachments for Item: 13. Public Works Committee Minutes of July 19, 2021. 99 100 101 102 103 104 105 106 File Attachments for Item: 14. Emergency Services Committee Minutes of July 26, 2021. 107 108 File Attachments for Item: 15. Appointment of Bynnan Miller to the Laurel Volunteer Ambulance Service. 109 C I T Y O F L A U R E L MONTANA EMERGENCY MEDICAL SERVICES 215 W 1ST ST LAUREL, MONTANA – 59044 OFFICE: (406) 628 – 1611 | DISPATCH: (406) 628 - 8737 Dear Mayor and City Council, We have an EMT interested in joining our EMS service as a volunteer. We have interviewed her and would be excited to bring her onto our team. - Brynnan Miller, EMT, she is a new EMT, she is engaged to one of our firefighter/EMT volunteers and lives here in Laurel. She does not have any EMS experience but is very excited to get started and help out the community she lives in. I believe that she would be a great addition to our team and also living in Laurel is a positive for our service as well. Thank you very much for your consideration on this candidate. Lyndy Gurchiek, NRP, Director Laurel EMS 215 W 1st Street Laurel, MT 591044 lgurchiek@laurel.mt.gov 406-860-8233 110 File Attachments for Item: 16. Appointment of Adam Dennis to the Laurel Volunteer Fire Department. 111 City of Laurel August 19, 2021 PO Box 10 Laurel, Mt. 59044 Mayor and Laurel City Council, The following have been selected by the members of the Laurel Volunteer Fire Department/ Association to become volunteers. Firefighter Adam Dennis He has been selected unanimously by the Department, approved by the Chief of the Department and are seeking your appointment. Brent Peters Fire Chief Laurel Volunteer Fire Department 112 File Attachments for Item: 17. Resolution No. R21-71: A Resolution To Authorize The Mayor To Sign An Agreement With Laurel Public Schools, District 7 And 7-70, Continuing The School Resource Officer (SRO) Program For The Laurel Middle School. 113 R21-71 Middle School SRO Program RESOLUTION NO. R21-71 A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH LAUREL PUBLIC SCHOOLS, DISTRICT 7 AND 7-70, CONTINUING THE SCHOOL RESOURCE OFFICER (SRO) PROGRAM FOR THE LAUREL MIDDLE SCHOOL. WHEREAS, the City of Laurel and the Laurel Public Schools desire to continue its School Resource Officer Program; and WHEREAS, the attached agreement outlines the general terms and conditions of the program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, That the Mayor is authorized to sign the attached agreement with the Laurel Public Schools, District 7 and 7-70, to continue the School Resource Officer Program for the Laurel Middle School. Introduced at a regular meeting of the City Council on August 24, 2021, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this 24th day of August 2021. APPROVED by the Mayor this 24th day of August 2021. CITY OF LAUREL ______________________________ Thomas C Nelson, Mayor ATTEST: __________________________________ Bethany Langve, Clerk/Treasurer Approved as to form: __________________________________ Sam S. Painter, Civil City Attorney 114 R21-71 Middle School SRO Program AGREEMENT STATEMENT OF GENERAL TERMS & CONDITIONS This Agreement is entered into this 1st day of July, 2021, by and between the City of Laurel, hereinafter referred to as the City and the Laurel Public Schools, District 7 & 7-70, hereinafter referred to as the District, as follows: WITNESSETH For and in consideration of the mutual promises, terms, covenants, and conditions set forth herein, the parties agree as follows: 1. Purpose of Agreement: The purpose of this Agreement is for the City to assign one law enforcement officer and necessary equipment to the District for the School Resource Officer program. The City law enforcement officer (hereinafter referred to as “SRO”) will be assigned to Laurel Middle School. The SRO will work with the school administrators to assist with the District’s tobacco, alcohol, other drug, and law-related education, maintain a peaceful campus environment and take appropriate action regarding on-campus or school related criminal activity. 2. Term: The term of this Agreement shall be from July 1, 2021 through June 30, 2022. 3. Termination: This Agreement may be terminated with or without cause by either party upon 30 days’ prior written notice. 4. Relationship of Parties: a. The City shall have the status of an independent contractor for purposes of this Agreement. The SRO assigned to the District shall be considered the employee of the City and shall be subject to its control and supervision. b. The Chief of Police and the Superintendent will evaluate the program throughout the year in order to ensure that the program is meeting expectations. Following the close of the school year, they will prepare a summary report on the year’s operations and provide any recommendations for changes. This report will be reviewed by both the City Council and the School Board. c. The SRO will be subject to current procedures in effect for the City law enforcement officers, including attendance at all mandated training and testing to maintain officer certification. d. This Agreement is not intended to and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, or formal business association or organization of any kind between the parties, and the rights and obligations of the parties shall be only those expressly set forth in this Agreement. 5. Costs: The District shall pay the City the sum of $69,661.74 to employ and equip the SRO as provided herein. The city clerk/treasurer and district clerk will develop a semi-annual payment schedule on behalf of each party. 115 R21-71 Middle School SRO Program Further, the City agrees to pay all: a. Overtime costs; b. Non-school related expenses related to or resulting from law enforcement related activities, such as criminal investigations and court appearances; and c. Costs relating to vehicle and insurance. 6. SRO General Responsibilities: a. Work in concert with the school administrators. b. Assist the administrators in providing a program to address tobacco, alcohol, and other drug issues, violence prevention, and safety issues in the school community. c. Act as a communication liaison with law enforcement agencies regarding needed information concerning students on campuses served by the SRO. d. Take the steps the SRO deems appropriate and consistent with law enforcement’s duty, when a crime occurs on or off campus. e. Work with students, families, and staff to build an understanding of the role of law enforcement in the community and to establish a productive level of interaction and rapport with those groups. f. Refer students and/or their families to the appropriate agencies for assistance when a need is determined. g. When applicable and appropriate, maintain contact with students to insure compliance to conditions imposed by the court, school, parents/guardians, and/or Department of Family Services. This would include reporting to these entities and be actively involved in formulating problem solving strategies in each case. h. Other such responsibilities as may be mutually agreed to by the City and District. 7. Time and Place of Performance: The City will endeavor to assure that the SRO will be available for duty at the assigned campus each day that school is in session during the regular school year. The District understands that there may be times when the SRO is needed off-campus due to emergency law enforcement activities or court appearances. 8. District Responsibilities: The District will provide the SRO an office and such equipment as is necessary at the assigned school(s) to include a telephone, filing space capable of being secured, and access to a computer. ________________________ _________ __________________________ ___________ Board Chair, Dist. #7&7-70 Date Thomas C Nelson, Mayor Date 116 File Attachments for Item: 18. Resolution No. R21-72: A Resolution To Authorize The Mayor To Sign An Agreement With Laurel Public Schools, District 7 And 7-70, Continuing The School Resource Officer (SRO) Program For The Laurel High School. 117 R21-72 High School SRO Program RESOLUTION NO. R21-72 A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH LAUREL PUBLIC SCHOOLS, DISTRICT 7 AND 7-70, CONTINUING THE SCHOOL RESOURCE OFFICER (SRO) PROGRAM FOR THE LAUREL HIGH SCHOOL. WHEREAS, the City of Laurel and the Laurel Public Schools desire to continue its School Resource Officer Program; and WHEREAS, the attached agreement outlines the general terms and conditions of the program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, That the Mayor is authorized to sign the attached agreement with the Laurel Public Schools, District 7 and 7-70, to continue the School Resource Officer Program for the Laurel High School. Introduced at a regular meeting of the City Council on August 24, 2021, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this 24th day of August 2021. APPROVED by the Mayor this 24th day of August 2021. CITY OF LAUREL ______________________________ Thomas C Nelson, Mayor ATTEST: __________________________________ Bethany Langve, Clerk/Treasurer Approved as to form: __________________________________ Sam S. Painter, Civil City Attorney 118 R21-72 High School SRO Program AGREEMENT STATEMENT OF GENERAL TERMS & CONDITIONS This Agreement is entered into this 1st day of July, 2021, by and between the City of Laurel, hereinafter referred to as the City and the Laurel Public Schools, District 7 & 7-70, hereinafter referred to as the District, as follows: WITNESSETH For and in consideration of the mutual promises, terms, covenants, and conditions set forth herein, the parties agree as follows: 1. Purpose of Agreement: The purpose of this Agreement is for the City to assign one law enforcement officer and necessary equipment to the District for the School Resource Officer program. The City law enforcement officer (hereinafter referred to as “SRO”) will be assigned to Laurel High School. The SRO will work with the school administrators to assist with the District’s tobacco, alcohol, other drug, and law-related education, maintain a peaceful campus environment and take appropriate action regarding on-campus or school related criminal activity. 2. Term: The term of this Agreement shall be from July 1, 2021 through June 30, 2022. 3. Termination: This Agreement may be terminated with or without cause by either party upon 30 days’ prior written notice. 4. Relationship of Parties: a. The City shall have the status of an independent contractor for purposes of this Agreement. The SRO assigned to the District shall be considered the employee of the City and shall be subject to its control and supervision. b. The Chief of Police and the Superintendent will evaluate the program throughout the year in order to ensure that the program is meeting expectations. Following the close of the school year, they will prepare a summary report on the year’s operations and provide any recommendations for changes. This report will be reviewed by both the City Council and the School Board. c. The SRO will be subject to current procedures in effect for the City law enforcement officers, including attendance at all mandated training and testing to maintain officer certification. d. This Agreement is not intended to and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, or formal business association or organization of any kind between the parties, and the rights and obligations of the parties shall be only those expressly set forth in this Agreement. 5. Costs: The District shall pay the City the sum of $60,453.42 to employ and equip the SRO as provided herein. The city clerk/treasurer and district clerk will develop a semi-annual payment schedule on behalf of each party. 119 R21-72 High School SRO Program Further, the City agrees to pay all: a. Overtime costs. b. Non-school related expenses related to or resulting from law enforcement related activities, such as criminal investigations and court appearances; and c. Costs relating to vehicle and insurance. 6. SRO General Responsibilities: a. Work in concert with the school administrators. b. Assist the administrators in providing a program to address tobacco, alcohol, and other drug issues, violence prevention, and safety issues in the school community. c. Act as a communication liaison with law enforcement agencies regarding needed information concerning students on campuses served by the SRO. d. Take the steps the SRO deems appropriate and consistent with law enforcement’s duty when a crime occurs on or off campus. e. Work with students, families, and staff to build an understanding of the role of law enforcement in the community and to establish a productive level of interaction and rapport with those groups. f. Refer students and/or their families to the appropriate agencies for assistance when a need is determined. g. When applicable and appropriate, maintain contact with students to ensure compliance to conditions imposed by the court, school, parents/guardians, and/or Department of Family Services. This would include reporting to these entities and be actively involved in formulating problem solving strategies in each case. h. Other such responsibilities as may be mutually agreed to by the City and District. 7. Time and Place of Performance: The City will endeavor to assure that the SRO will be available for duty at the assigned campus each day that school is in session during the regular school year. The District understands that there may be times when the SRO is needed off - campus due to emergency law enforcement activities or court appearances. 8. District Responsibilities: The District will provide the SRO an office and such equipment as is necessary at the assigned school(s) to include a telephone, filing space capable of being secure d, and access to a computer. ________________________ _________ __________________________ ___________ Board Chair, Dist. #7&7-70 Date Thomas C Nelson, Mayor Date 120 File Attachments for Item: 19. Resolution No. R21-73: A Resolution Of The City Council Selecting Askin Construction, LLC As The Successful Bidder For The City Project Known As The Lindy Lane Sewer Replacement Project. 121 R21-73 Award Bid for Lindy Lane Sewer Replacement Project RESOLUTION NO. R21-73 A RESOLUTION OF THE CITY COUNCIL SELECTING ASKIN CONSTRUCTION, LLC AS THE SUCCESSFUL BIDDER FOR THE CITY PROJECT KNOWN AS THE LINDY LANE SEWER REPLACEMENT PROJECT. WHEREAS, the City of Laurel plans to replace the sewer located on Lindy Lane as described in the attached bid documents, and such project was publicly advertised for competitive bids from interested and qualified bidders; and WHEREAS, City Staff and the City’s contract engineers 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, Askin Construction LLC submitted a bid of $149,008.00 to complete the project on the City’s behalf. 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 Askin Construction LLC for its bid price of $149,008.00. The Mayor and City Clerk are authorized to sign all necessary document s, agreements or contracts on the City’s behalf consistent with this resolution for completion of the project. Introduced at a regular meeting of the City Council on August 24, 2021, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this 24th day of August 2021 APPROVED by the Mayor this 24th day of August 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 122 1 2 3 1 2 4 1 2 5 File Attachments for Item: 20. Resolution No. R21-74: 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.  126 R21-74 Approve Task Order KLJ 2022 Pavement Maintenance Project RESOLUTION NO. R21-74 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 August 24, 2021, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel this 24th day of August 2021. APPROVED by the Mayor this 24th day of August 2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 127 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: August 10, 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. 128 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: 129 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 *Based on a 5 -month continuous construction period. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer’s labor, overhead, profit, reimbursable expenses (if any), and Consultants’ charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: None Streets Maintenance Traffic Study 24,000.00 $ Lump Sum Survey 17,000.00 $ Hourly Preliminary Engineering 87,000.00 $ Lump Sum Final Engineering 87,000.00 $ Lump Sum Bidding 4,500.00 $ Lump Sum Construction Engineering 95,000.00 $ Hourly Construction Staking 27,000.00 $ Hourly Project Closeout 8,000.00 $ Lump Sum Total Street Engineering 349,500.00 $ Water Survey 13,800 $ Hourly Preliminary Engineering 45,000 $ Lump Sum Final Engineering 47,000 $ Lump Sum Bidding 4,500 $ Lump Sum Construction Engineering 77,000 $ Hourly Construction Staking 21,500 $ Hourly Project Closeout 10,000 $ Lump Sum Total Water Engineering 218,800 $ Sewer Survey 2,000 $ Hourly Preliminary Engineering 5,000 $ Lump Sum Final Engineering 5,000 $ Lump Sum Bidding 500 $ Lump Sum Construction Engineering 10,000 $ Hourly Construction Staking 3,000 $ Hourly Project Closeout 2,000 $ Lump Sum Total Sewer Engineering 27,500 $ 595,800.00 $ Total Engineering 130 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 4 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 131 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 132 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. 133 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. 134 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. 135 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 136 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 137 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 138 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 139 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, 140 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 141 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. 142 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 143 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. 144 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 145 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. 146 ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE Schedule 1 - Street Improvements 101 Mobilization LS 1 $165,000.00 $165,000.00 102 Taxes, Insurance and Bonds LS 1 $80,000.00 $80,000.00 103 Traffic Control LS 1 $20,000.00 $20,000.00 104 Stormwater Management and Erosion Control LS 1 $30,000.00 $30,000.00 105 Unclassified Excavation CY 6150 $25.50 $156,825.00 106 Concrete Curb & Gutter Removal LF 4550 $14.98 $68,174.17 107 Concrete Flatwork Removal SY 2500 $38.33 $95,833.33 108 Non-Woven Geotextile Fabric SY 6150 $2.95 $18,142.50 109 Geogrid SY 6150 $3.65 $22,447.50 110 3" Minus Sub-base Course CY 2050 $41.17 $84,391.67 111 1-1/2" Crushed Base Course CY 1400 $41.67 $58,333.33 112 Asphalt Concrete Pavement Patch (Match Ex or 4"/8")SY 6150 $44.17 $271,625.00 113 Adjust Manhole EA 5 $989.50 $4,947.50 115 Gravel Alley Surface Repair SY 450 $37.83 $17,025.00 116 Concrete Curb & Gutter LF 4550 $67.00 $304,850.00 117 Concrete Valley Gutter SF 2340 $19.50 $45,630.00 118 Concrete Sidewalk (4-inch Thick)SF 22750 $19.33 $439,833.33 119 Asphalt Mill (1-1/2" @ 2%)SY 7650 $4.55 $34,807.50 120 Sign Remove & Reset EA 12 $371.00 $4,452.00 121 Landscape Restoration (Seeding)SY 2500 $7.85 $19,625.00 $1,941,942.83 $349,549.71 $388,388.57 $2,679,881.11 Schedule 2 - Water System Improvements 201 Mobilization LS 1 $95,000.00 $95,000.00 202 Taxes, Insurance and Bonds LS 1 $50,000.00 $50,000.00 203 Traffic Control LS 1 $30,000.00 $30,000.00 204 Stormwater Management and Erosion Control LS 1 $25,000.00 $25,000.00 205 Temporary Water System,LS 1 $50,000.00 $50,000.00 206 Unclassified Excavation CY 3600 $25.50 $91,800.00 207 Non-Woven Geotextile Fabric SY 3600 $2.95 $10,620.00 208 Geogrid SY 3600 $3.65 $13,140.00 209 3" Minus Sub-base Course CY 1200 $41.17 $49,400.00 210 1-1/2" Crushed Base Course CY 800 $41.67 $33,333.33 211 Asphalt Concrete Pavement Patch (Match Ex or 4")SY 3600 $44.17 $159,000.00 212 Asbestos Inspection LS 1 $10,128.00 $10,128.00 213 Remove Existing Water Main LF 2000 $30.75 $61,500.00 214 Remove Existing Valve EA 8 $1,008.17 $8,065.33 215 Connect to Ex. Water Main EA 10 $2,986.67 $29,866.67 216 8" C900 PVC Water Main LF 2000 $83.50 $167,000.00 217 6" C900 PVC Water Main LF 200 $60.17 $12,033.33 218 8” Gate Valve & Box EA 20 $2,287.50 $45,750.00 219 6" Gate Valve & Box EA 4 $1,847.50 $7,390.00 (PRELIMINARY) Engineering (18%) Contingency (20%) Schedule 1 Subtotal ENGINEER'S OPINION OF COST 2022 Pavement Maintenance Project S. 4TH ST FROM WEST AVE. TO HWY 212 City of Laurel, MT June 14, 2021 Construction Subtotal 147 220 8" Tee EA 6 $1,250.00 $7,500.00 221 8” X 6” Reducer EA 9 $1,094.00 $9,846.00 222 Fire Hydrant Assembly EA 8 $6,489.50 $51,916.00 223 Install 1” Curb Stop w/Curb Box.)EA 27 $881.00 $23,787.00 224 Water Service Reconnection at Main Incl. new saddle and corp. stop (≤1" Dia EA 27 $1,601.50 $43,240.50 225 Type 2 Pipe Bedding CY 1250 $44.50 $55,625.00 226 Imported Trench Backfill CY 1250 $44.50 $55,625.00 227 Trench Plugs EA 12 $999.17 $11,990.00 228 Exploratory Excavation HR 16 $359.67 $5,754.67 $1,214,310.83 $218,575.95 $242,862.17 $1,675,748.95 Schedule 3 - Waste Water System Improvements 301 Mobilization LS 1 $12,500.00 $12,500.00 302 Taxes, Insurance and Bonds LS 1 $6,000.00 $6,000.00 303 Traffic Control LS 1 $6,000.00 $6,000.00 304 Stormwater Management and Erosion Control LS 1 $6,000.00 $6,000.00 305 Unclassified Excavation CY 470 $25.50 $11,985.00 306 Non-Woven Geotextile Fabric SY 470 $2.95 $1,386.50 307 Geogrid SY 470 $3.65 $1,715.50 308 3" Minus Sub-base Course CY 160 $41.17 $6,586.67 309 1-1/2" Crushed Base Course CY 105 $41.67 $4,375.00 310 Asphalt Concrete Pavement Patch (Match Ex or 4")SY 470 $44.17 $20,758.33 311 48" Sanitary Sewer Manhole EA 5 $6,250.67 $31,253.33 312 8" PVC Sanitary Sewer Main LF 300 $83.33 $25,000.00 313 Sanitary Sewer Service Replacement LF 20 $66.83 $1,336.67 314 Type 2 Pipe Bedding CY 175 $44.50 $7,787.50 315 Imported Trench Backfill CY 175 $44.50 $7,787.50 316 Exploratory Excavation HR 8 $359.67 $2,877.33 $153,349.33 $27,602.88 $30,669.87 $211,622.08 $2,679,881.11 $1,675,748.95 $211,622.08 TOTAL PROJECT COST $4,567,252.14 Schedule 2 Subtotal Schedule 3 Subtotal Construction Subtotal Engineering (18%) Contingency (20%) Construction Subtotal Engineering (18%) Contingency (20%) * Prices are based upon the average bid prices for the 5th Ave. Waterline Reroute Project which was constructed in summer of 2021. Schedule 1 Schedule 2 Schedule 3 148 File Attachments for Item: 21. Resolution No. R21-75: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With True North Contracting For Asphalt Replacement And Repair On Various Streets And Intersections Within The City Limits. 149 R21-75 Approve Contract True North Contracting RESOLUTION NO. R21-75 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH TRUE NORTH CONTRACTING FOR ASPHALT REPLACEMENT AND REPAIR ON VARIOUS STREETS AND INTERSECTIONS WITHIN THE CITY LIMITS. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The contract between the City of Laurel and True North Contracting, a copy attached hereto and incorporated herein, is hereby approved. The work is authorized for the streets and intersections including 301 Montana, Montana and 4th, Washington and 5th, and Woodland and 4th, all within the City Limits. Section 2: Execution. The Mayor and the City Clerk of the City of Laurel are hereby given authority to execute the contract on behalf of the City. Introduced at a regular meeting of the City Council on August 24, 2021, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this 24th day of August 2021. APPROVED by the Mayor this 24th day of August 2021. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney 150 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 24th day of August 2021, between the City of Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and True North Contracting, a contractor licensed to conduct business in the State of Montana, whose address is 9431 Anglers Way Billings, MT 59101, hereinafter referred to as “Contractor”. SECTION ONE DESCRIPTION OF SERVICES A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services described in the Bid dated August 7, 2021, attached hereto as Exhibit “A” and by this reference made part of this contract. B. Effective Date. This contract is effective upon the date of its execution by both Parties. Contractor shall complete the services within 60 days of commencing work. The parties may extend the term of this contract in writing prior to its termination for good cause. C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the specifications and requirements of this contract, any applicable Montana Public Work Standard(s) and Exhibit “A”. SECTION TWO CONTRACT PRICE Payment. City shall pay Contractor nineteen thousand six hundred forty-nine dollars and twenty cents ($19,649.20) for the work described in Exhibit A. Any alteration or deviation from the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY’S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and shall not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, 151 Page 2 of 5 agreements or sub-contracts in any dealings between Contractor and any third parties. The City is interested solely in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct the work to the best of his/her ability. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules, Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall maintain workers’ compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of §39-71-401, MCA. Contractor understands that all contractors or subcontractors working on publicly funded projects are required to have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue pursuant to Montana law. C. Unless otherwise specified by the terms of this Agreement, all m aterials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities and/or has made field examinations. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. 152 Page 3 of 5 J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles used or held for use in the completion or performance of the Contract. K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Contract or not, passes to City at the time of payment, free and clear of all liens and encumbrances. SECTION FIVE INDEMNITY AND INSURANCE Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Contractor or its agents or employees. SECTION SIX COMPLIANCE WITH LAWS Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor shall either possess a City business license or shall purchase one, if a City Code requires a business license. SECTION SEVEN NONDISCRIMINATION Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. SECTION EIGHT DEFAULT If either party fails to comply with any term or condition of this Contract at th e time or in the manner provided for, the other party may, at its option, terminate this Contract and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any other remedy provided by law except for punitive damages. The Parties hereby waive their respective claims for punitive damages. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth in the first paragraph of this Contract. SECTION NINE TERMINATION Either party may terminate the contract for their convenience upon thirty days written notice sent postage prepaid, to the addresses provided herein. 153 Page 4 of 5 SECTION TEN GOVERNING LAW AND DISPUTE RESOLUTION The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days after the dispute arises. If negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the mediator or file suit. SECTION ELEVEN ATTORNEY FEES If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful party’s attorney’s fees and all costs charges and expenses related to the action. SECTION TWELVE ENTIRE AGREEMENT This contract and its referenced attachment and Exhibit A contain the entire agreement and understanding of the parties and supersede any and all prior negotiations or understandings relating to this project. This contract shall not be modified, amended, or changed in any respect except through a written document signed by each party’s authorized respective agents. SECTION THIRTEENTH ASSIGNMENT OF RIGHTS The rights of each party under this Contract are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION FOURTEEN SEVERABILITY Each provision, section, or subsection of this Contract shall stand separate and independent of every other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall remain in full force and effect. SECTION FIFTEEN PARAGRAPH HEADINGS The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be used to explain, simplify, or aid in the interpretation of the provisions of this agreement. 154 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 24th DAY OF AUGUST 2021. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Thomas C. Nelson, Mayor True North Contracting ATTEST: Employer Identification Number ___________________________________ __________________________ Bethany Langve, Clerk/Treasurer 155 156 File Attachments for Item: 22. Resolution No. R21-76: A Resolution Of The City Council Approving A Memorandum Of Understanding To Implement The Two-Year Wage And Benefit Agreement Negotiated Between The City Of Laurel And Local Union Local 316, American Federation Of State, County And Municipal Employees, AFSCME.   157 R21-76 Local 316 Union Agreement MOU Wages and Benefits Only) RESOLUTION NO. R21-76 A RESOLUTION OF THE CITY COUNCIL APPROVING A MEMORANDUM OF UNDERSTANDING TO IMPLEMENT THE TWO-YEAR WAGE AND BENEFIT AGREEMENT NEGOTIATED BETWEEN THE CITY OF LAUREL AND LOCAL UNION LOCAL 316, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFSCME. WHEREAS, the City of Laurel and the above Union previously negotiated a three year contract (“CBA”) which required further negotiation of wages and benefits for the second and third years of the contract; and WHEREAS, the negotiating teams met and successfully negotiated the final two years of wages and benefits to be included in the parties’ CBA; and WHEREAS, the Union and Library Board both approved the negotiated wage and benefit package on behalf of their respective members and entities as contained in the attached Memorandum of Understanding (“MOU”); and WHEREAS, the City Council must next approve the attached MOU in order to finalize and implement the agreement between the parties. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The attached agreement between the City of Laurel and the Union is hereby approved. In accordance with the terms of the agreement, such approval is retroactive to July 1, 2021. Section 2: Execution. The Mayor, Clerk-Treasurer and City’s negotiating team are hereby given authority to execute said agreement on behalf of the City. Introduced at a regular meeting of the City Council on August 24, 2021, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this 24th day of August 2021. APPROVED by the Mayor this 24th day of August 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 158 Memorandum of Understanding Between City of Laurel (“City”), Laurel Library Board of Trustees (“Library”), and the American Federation of State, County, and Municipal Employees (“Union”) In accordance with Article XX – Terms, Amendments, and Modifications of the Agreement of the collective bargaining agreement (CBA 2020-2023), the City, Library, and Union negotiated wages and benefits for the remaining two years of the contract (7/1/2021, 7/1/2022). City, Library, and Union agree as follows for all Union positions covered under the CBA: 1. Library Tech position base wage increase from $15.90 to $17.90 (Reference Library MOU, section 4). 2. Flex Plan increase from $600 to $650. 3. Retro pay to July 1, 2021. 4. Longevity Increase from $7.75 to $8.00. 5. Increase of boot allowance from $200 to $250. 6. Wages increase: a. July 1, 2021: 3% increase to base wage b. July 1, 2022: 2% increase to base wage Consensus by all parties reached during Interest Base Bargaining negotiations with mediator from the Montana Board of Personnel Appeals on July 26, 2021 at 3:55pm. Dated this ______ of __________, 2021. ___________________________________ City Mayor Dated this ______ of __________, 2021. ___________________________________ Union President Dated this ______ of __________, 2021. ___________________________________ Library Board of Trustees, Chair 159 File Attachments for Item: 23. Resolution No. R21-77: A Resolution Of Intent To Adopt An Official Schedule Of Fees And Charges For The City Of Laurel Repealing All Previous Resolutions That Set Fees Or Charges That Conflict With The Schedule Attached Hereto Upon Its Effective Date. 160 R21-77 Resolution of Intent - Schedule of Fees and Charges RESOLUTION NO. R21-77 A RESOLUTION OF INTENT TO ADOPT AN OFFICIAL SCHEDULE OF FEES AND CHARGES FOR THE CITY OF LAUREL REPEALING ALL PREVIOUS RESOLUTIONS THAT SET FEES OR CHARGES THAT CONFLICT WITH THE SCHEDULE ATTACHED HERETO UPON ITS EFFECTIVE DATE. WHEREAS, the City Council previously adopted Resolution No. R06-74 establishing the City’s fees and charges for various services into a Schedule of Fees and Charges to enable citizens to have immediate access to the various fees and charges levied by the City for various services in a format that is easy to obtain and simple to understand; and WHEREAS, the Laurel Municipal Code requires the City Council to review, modify and/or update its fees and charges on an annual basis through further Resolution of the City Council; and WHEREAS, at the direction of the City Council, Staff prepared the attached Schedule of Fees and Charges for the City Council’s consideration; and, WHEREAS, the City Council desires to have at least one public hearing to gather public input and comments prior to adopting this Resolution. BE IT RESOLVED that the City Council hereby approves the Resolution of Intent to adopt the Schedule of Fees and Charges attached hereto for convenience. Introduced at a regular meeting of the City Council on August 24, 2021, by Council Member _______________________. PASSED and APPROVED by the City Council of the City of Laurel this 24th day of August 2021. APPROVED by the Mayor this 24th day of August 2021. CITY OF LAUREL _________________________________ Thomas C. Nelson, Mayor ATTEST: ____________________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ____________________________________ Sam Painter, Civil City Attorney 161 FY21 Schedule of Fees and Charges 09/__/2021 Resolution No. R21-__ Page 1 of 12 CITY OF LAUREL SCHEDULE OF FEES AND CHARGES AS OF TUESDAY, JULY __, 2020 / RESOLUTION NO. R20-__ Administrative, City Attorney and Court Fees and Charges (except Library) Returned Check ...................................................................................................................................... $30.00 Document Photocopying First 3 pages ............................................................................................................................... No Charge Copies in excess of 3 pages – per page .......................................................................................... $0.25 Research City Records (Per Hour) ......................................................................................................... $30.00 Video Tape or DVD Copy ................................................................................................... First Copy $25.00 ............................................................................................................... Each Additional Copy $5.00 Dog License Fees and Renewals before April 1 (must be renewed each year) Spayed Female/Neutered Male .................................................................................................... $10.00 Un-spayed Female/Un-neutered Male ......................................................................................... $15.00 Dog License Renewals after April 1 Spayed Female/Neutered Male .................................................................................................... $20.00 Un-spayed Female/Un-neutered ................................................................................................... $30.00 Dog Kennel before April 1 (must be renewed each year) Non-Commercial ......................................................................................................................... $50.00 Commercial ................................................................................................................................. $75.00 Business License General ......................................................................................................................................... $75.00 Beer and/or Wine License .......................................................................................................... $200.00 Three Apartments ......................................................................................................................... $30.00 Four Apartments .......................................................................................................................... $40.00 Five or more Apartments ............................................................................................................. $75.00 Pawn Shop .................................................................................................................................. $100.00 Utilities ....................................................................................................................................... $300.00 Amusement Machines .................................................................................................................. $50.00 Live Music ................................................................................................................................... $50.00 Junk .............................................................................................................................................. $50.00 Liquor License ........................................................................................................................... $406.00 Franchises ................................................................................................................................... $300.00 Sexually Oriented Business ........................................................................................................ $500.00 Police Department Fees and Charges Victims Report ......................................................................................................................................... $5.00 Case Report ........................................................................................................................................... $35.00 Case Report with pictures ...................................................................................................................... $45.00 Vehicle Accident Report (form only) ................................................................................................... $10.00 Vehicle Accident Report with pictures ................................................................................................. $25.00 Audio Recording ................................................................................................................................... $50.00 Vehicle Impound – Per Day 1st week ..................................................................................................... $25.00 Vehicle Impound – Per Day after 1st week ............................................................................................ $50.00 Dog Impound Fee .................................................................................................................................. $30.00 Dog Boarding Fee (24 hours after notification) – Per Day .................................................................... $60.00 Fingerprint Card .................................................................................................................................... $30.00 Subsequent Fingerprint Cards – Per Card ................................................................................................ $5.00 162 FY21 Schedule of Fees and Charges 09/__/2021 Resolution No. R21-__ Page 2 of 12 Fire Department Fees and Charges Incident Report (NFIRS Copy) .............................................................................................................. $30.00 Photograph Copies – Color (35mm) Prints .......................................................... Cost of Processing + $25.00 Photograph Copies – Enlargements ..................................................................... Cost of Processing + $25.00 Photograph Copies – Digital (Copy of Disk) ......................................................................................... $35.00 Fire Suppression Fees Charged to Non-Residents or for Code or Ordinance Violations Base Rate for First Hour of Response for working fires, rescue operations, hazmat or large scale incidents ................................................................................................................ $1,100.00 Base Rate for Service Assist Calls or Minor Calls ............................................................... $700.00 For each Fireman ......................................................................................................................... $20.00/hour Base Rate for Assist and Investigate .......................................................................................... $200.00/hour Rates for Additional Hours after the First Hour of Any Response (Time calculated from time of response to return to service.) Engine #1 ................................................................................................................................... $250.00 Engine #2 ................................................................................................................................... $250.00 Engine #4 ................................................................................................................................... $200.00 Squad5 ........................................................................................................................................ $250.00 Tender #1 ..................................................................................................................................... $75.00 Tender #2 ..................................................................................................................................... $75.00 Support #1 .................................................................................................................................... $75.00 Command 1 ................................................................................................................................ $100.00 Command 2 ................................................................................................................................ $100.00 Brush #1 ..................................................................................................................................... $100.00 Brush #2 ..................................................................................................................................... $100.00 Brush #3 ..................................................................................................................................... $100.00 Brush #5 ..................................................................................................................................... $100.00 Business inspection within jurisdiction – marketing fireworks, firecrackers and other pyrotechnics $200.00 False Fire Alarms (per year) First ............................................................................................................................................. Free Second ........................................................................................................................................ $100.00 Third ........................................................................................................................................... $200.00 Fourth + ...................................................................................................................................... $300.00 Fire Extinguisher Training 10 Students ................................................................................................................................. $150.00 -Additional per student ........................................................................................................... $15.00 Ambulance Service Fees Paramedic Base Rate ....................................................................................................................... $1,400.00 Basic Base Rate ................................................................................................................................ $1,100.00 Mileage with Patient (per mile) ............................................................................................................. $18.00 Other Charges Treat Only .................................................................................................................................. $180.00 Basic Disposable Supplies ......................................................................................................... $170.00 Paramedic Disposable Supplies ................................................................................................. $200.00 Defibrillator Supplies ................................................................................................................ $200.00 EKG Supplies ............................................................................................................................... $50.00 Wait Time .................................................................................................................................... $55.00 Extra Attendant ............................................................................................................................ $75.00 DOA Transport .......................................................................................................................... $200.00 Stand-By Rate – QRU (1 person) (per Hour) ............................................................................... $50.00 Stand-By Rate – Ambulance (2 people) (per Hour) .................................................................. $100.00 Nebulizer ...................................................................................................................................... $35.00 Decontamination of Ambulance .................................................................................................. $70.00 IV Supplies ................................................................................................................................... $50.00 163 FY21 Schedule of Fees and Charges 09/__/2021 Resolution No. R21-__ Page 3 of 12 Glucometer ................................................................................................................................... $40.00 Pulse Ox ....................................................................................................................................... $20.00 Spinal Immobilization .................................................................................................................. $50.00 Splinting ....................................................................................................................................... $25.00 Supraglottic Airway (BVM/King) ............................................................................................. $100.00 Suction Kit ................................................................................................................................... $15.00 Intraosseous Kit (IO) .................................................................................................................. $200.00 Wound Care ................................................................................................................................. $20.00 Pelvic Splint (any size)............................................................................................................... $100.00 Burn Kit ........................................................................................................................................ $50.00 Needle Decompression............................................................................................................... $100.00 ET Intubation ............................................................................................................................ $100.00 Capnography Monitoring ............................................................................................................ $15.00 Cricothyrotomy ......................................................................................................................... $150.00 Medication Charges Adenosine .................................................................................................................................... $ 25.00 Albuterol Neb 5mg ....................................................................................................................... $15.00 Amiodarone ................................................................................................................................. $ 20.00 Aspirin .......................................................................................................................................... $10.00 Atropine ...................................................................................................................................... $ 30.00 Benadryl Tab 25mg ...................................................................................................................... $15.00 Calcium Gluconate ...................................................................................................................... $ 35.00 D5W Solution .............................................................................................................................. $20.00 D10W Solution per 1000 ml ........................................................................................................ $25.00 D50W Solution ............................................................................................................................ $25.00 Diphenhydramine Injectable 50 mg ............................................................................................ $ 10.00 Dopamine .................................................................................................................................... $ 35.00 Epinephrine Injector Adult ......................................................................................................... $300.00 Epinephrine Injector Pediatric .................................................................................................... $400.00 Epinephrine 1 mg/ml .................................................................................................................... $30.00 Epinephrine 1:1000 ..................................................................................................................... $ 40.00 Epinephrine 1:10000 ................................................................................................................... $ 20.00 Fentanyl ....................................................................................................................................... $ 30.00 Furosemide .................................................................................................................................. $ 10.00 Glucagon 1mg ............................................................................................................................ $450.00 Haloperidol .................................................................................................................................. $15.00 Humidified Oxygen ..................................................................................................................... $90.00 Ipratropium Bromide Inhalant 2.5 ml ........................................................................................... $ 5.00 Ketamine ................................................................................................................................... $ 125.00 Lidocaine ..................................................................................................................................... $ 25.00 Magnesium Sulphate .................................................................................................................. $ 20.00 Midazolam .................................................................................................................................. $ 15.00 Morphine Sulfate per 10 mg ....................................................................................................... $ 30.00 Narcan (Naloxone) per 2 mg ....................................................................................................... $ 55.00 Nitro Tab .................................................................................................................................... $ 20.00 Nitrous Oxide Administration ................................................................................................... $ 350.00 Norepinephrine ............................................................................................................................ $ 80.00 NS Solution 500 cc ..................................................................................................................... $ 30.00 NS Solution 1000 cc.................................................................................................................... $ 60.00 Ondansetron (Zolfran) Injectable 4 mg ....................................................................................... $ 15.00 Ondansetron (Zolfran) Oral 4 mg ................................................................................................. $ 2.00 Oral Glucose 30 g ....................................................................................................................... $ 15.00 Oxygen ....................................................................................................................................... $ 80.00 Sodium Bicarbonate .................................................................................................................... $ 50.00 164 FY21 Schedule of Fees and Charges 09/__/2021 Resolution No. R21-__ Page 4 of 12 Solu-Cortef 100 mg ..................................................................................................................... $ 75.00 Solu-Medrol 125 mg ................................................................................................................... $ 20.00 Thiamine 200 mg ........................................................................................................................ $ 25.00 Tranexamic Acid (TXA) ............................................................................................................. $ 80.00 EMT Class (plus the cost of books and testing) .................................................................................. $500.00 Advanced EMT Class (plus the cost of books and testing) .............................................................. $1,500.00 Water Rates & Charges See current resolution (Resolution No. R11-110). Raw (untreated) Water: Base rate as per meter size, plus $0.40/1000 gallons. System Development Fees (Based on Line Size): ¾ Inch...................................................................................................................................... $1,500.00 1 Inch....................................................................................................................................... $2,685.00 1¼ Inch .................................................................................................................................... $4,170.00 1½ Inch .................................................................................................................................... $6,000.00 2 Inch..................................................................................................................................... $10,710.00 3 Inch..................................................................................................................................... $24,000.00 4 Inch..................................................................................................................................... $42,855.00 Connections to the water system with meters larger than 4 inches or when the unique usage characteristics of a large water user may require, the City will determine the system development fee at that time if the City can provide the service as requested. Curb Box Repair Insurance Fee: $1.00/month per water account. Utility Hook-Up Fees: Water Tapping – Two Inches or Less .................................................................................................. $250.00 Water Tapping – Greater Than Two Inches ..................................................................................... Fee x 1.25 Labor/Operator Rate Per Hour ............................................................................................................... $40.00 Heavy Equipment Rate Per Hour ........................................................................................................... $75.00 Other Fees for Repairs, etc.: Frozen or Damaged Meter ................................................. Replacement meter or meter parts cost plus 25% Plus the Labor/Operator Rate Per Hour .................................................................................... $40.00 OR overtime hourly rate if called out after hours ..................................................................... $90.00 Hydrant meter rental ................................................................................. $476.00/month prorated plus the total usage Utility Billing Fees and Deposits: New Accounts or Re-Establishing an Account ...................................................................................... $25.00 Restoring Service to a Delinquent Account ........................................................................................... $50.00 Deposit for New Meter Accounts, No Service in Previous Year ......................................................... $150.00 Charge for check returned by bank as unpaid ........................................................................................ $30.00 Wastewater Rates & Charges See current resolution (Resolution No. R11-110). Septic dump fee ...................................... $40.00/minimum up to 1,000 gallons plus $0.04/gallon thereafter; (Resolution No. R15-96) ................................................................................ $40.00 cleanup fee for spillage System Development Fees System Development Fees (Based on Line Size) – Sewer Residential 165 FY21 Schedule of Fees and Charges 09/__/2021 Resolution No. R21-__ Page 5 of 12 Each housing unit ................................................................................................................... $1,000.00 Duplex = 2 units; Triplex = 3 units; Four-plex = 4 units; Etc. Commercial - Based on water meter size; Includes Subdivisions for Rent or Lease ¾ Inch...................................................................................................................................... $1,000.00 1 Inch....................................................................................................................................... $1,790.00 1¼ Inch .................................................................................................................................... $2,780.00 1½ Inch .................................................................................................................................... $4,000.00 2 Inch....................................................................................................................................... $7,140.00 3 Inch..................................................................................................................................... $16,000.00 4 Inch..................................................................................................................................... $28,570.00 Connections to the wastewater system with water meters larger than 4 inches or when the unique usage characteristics of a large water user may require, the City will determine the system development fee at that time if the City can provide the service as requested. Solid Waste Fees and Charges See current resolution (Resolution No. R14-34). (Resolution No. R15-101) (4) Multiple Containers. Non-residential users who use multiple containers shall be assigned a volume of use variable for each container used. Roll Off Container Set / Reset................................................................................................... $30.00 Roll Off Container Haul.......................................................................................................... $150.00 Roll Off Container Cost per Ton........................................................Current City of Billings’ landfill rates Replacement Waste Container (due to negligence)........................................................... Cost x $1.50 All Tires....................................................................................................................................... $5.00/tire Container Site Waste - Business and Non-City Residents and/or City Residents that do not use City Solid Waste Services Minimum.......................................................................................................................... $5.00 Per Cubic Yard................................................................................................................ $10 .00 Non-Residential Garbage Disposal Rate Schedule See current resolution. Park and Recreation Fees and Charges Shelter Reservation ................................................................................................................................ $40.00 Special Events in Parks .......................................................................................................................... $50.00/one day ................................................................................................................................................. $75.00/two days Youth Sports in Parks ................................................................................................................. No Charge Riverside Park Camping Fees Tent Space (per night) With water and electricity .............................................................. $1020.00 per night Back in Space (per night)With no water ................................................................................. $15.00 per night Pull Through Space (per night)Tent camping ..................................................................... $2012.00 per night Riverside Park Building Reservation Fee Small Meeting Room ................................................................................................................ $30.00 Large Meeting Room W/ Kitchen ........................................................................................... $300.00 Damage/Cleaning Deposit (Refundable upon Inspection) ...................................................... $300.00 Monthly (12) Meetings in Small Meeting Room W/ Use of Large Room Once .................... $500.00 per year Library Photocopy Fees (per page) ....................................................................................................................... $0.10 Printer Fees 166 FY21 Schedule of Fees and Charges 09/__/2021 Resolution No. R21-__ Page 6 of 12 Black and White (per page) ............................................................................................................ $0.10 Lost or Damaged Book ......................................................................................................................... Cost Library Cards for Non-Residents For Three Months (Minimum) .......................................................................................... No Charge Per Year ............................................................................................................................. No Charge Interlibrary Loan Postage (per item) ........................................................................................................ $2.00 After 3 Community Room Use during library hours...................................................................................................................... $3.00/hour Use after hours (per hour or any portion of an hour) ................................................................... $30.00 Refundable Cleaning Deposit ...................................................................................................... $30.00 Library Card Replacement Fee (per Card) ............................................................................................... $2.00 Fax Fees (per page) .................................................................................................................................. $0.25 Send ........................................................................................................................................................ $0.10 Receive Cemetery Fees (Please Note: Cemetery caretaker must be present at all interments.) (Please Note: Burials are not permitted on Sundays, holidays or Saturday afternoons.) City Residents Full Grave .................................................................................................................................. $350.00 Baby Grave ............................................................................................................................... $200.00 Non-Residents Full Grave .................................................................................................................................. $500.00 Baby Grave ............................................................................................................................... $250.00 Opening and Closing Full Grave .................................................................................................................................. $280.00 Full Grave on Saturday mornings .............................................................................................. $380.00 Baby Grave ............................................................................................................................... $200.00 Baby Grave on Saturday mornings ........................................................................................... $250.00 Cremation ................................................................................................................................... $150.00 Cremation on Saturday mornings ............................................................................................... $200.00 Two Cremations on single plot ................................................................................................. $225.00 Two Cremations on single plot on Saturdays ........................................................................... $ 300.00 Set Cremation Urn at existing Headstones ............................................................................................ $10.00 Private Sale of any plot (transfer processing fee) .................................................................................. $25.00 Disinterment fee for a full burial ......................................................................................................... $300.00 Disinterment fee for cremains .............................................................................................................. $225.00 Planning Item Fee Notes Annexation into the City of Laurel (80 acres or less) $ 500.00 + $25.00/acre Annexation into the City of Laurel (81 acres or more) $ 500.00 + $45.00/acre Cash in Lieu of Parking spaces except in the Central Business District $ 1,500.00 Conditional Use Application (Commercial) $ 1,250.00 Conditional Use Application (Residential) $ 750.00 Floodplain Permit $ 200.00 Home Occupations $ 100.00 Outdoor Seating $ 100.00 Planned Unit Development (PUD) $ 1,500.00 + $45.00/acre Review of Buildings for Lease or Rent $ 250.00 Formatted Table 167 FY21 Schedule of Fees and Charges 09/__/2021 Resolution No. R21-__ Page 7 of 12 Site Plan Review Fee (Commercial) $ 500.00 Site Plan Review Fee (Residential) $ 350.00 Special Review (Commercial) $ 1,250.00 Special Review (Residential) $ 750.00 Special Review Applications resubmitted within one year of a withdrawal request made after the legal advertising $ 500.00 Staff Research $ 35.00 Per Hour Temporary Use Permit $ 325.00 Vacation of Street or Alley $ 150.00 Variance (Commercial) $ 1,250.00 Variance (Residential) $ 750.00 Variance Applications resubmitted within one year of a withdrawal request made after the legal advertising $ 750.00 Zone Change $ 1,250.00 + $45.00/acre Zone Change Applications resubmitted within 1 year of a withdrawal request made after the legal advertising $ 750.00 Zoning Compliance/Verification Letter $ 125.00 Zoning Map Amendment $ 1,500.00 + $45.00/acre Subdivision Item Subdivision Fee Notes Corrections or Adjustments to Plats, Conditions, and Supporting Documents after Preliminary Plat Approval: $ 250.00 Corrections or Vacations of Recorded Final Subdivision Plats or Supporting Documents $ 250.00 Exempt Subdivision $ 200.00 Final Plat (Minor) $ 1,250.00 Final Plat, Major Subdivision, 6 to 40 lots $ 1,500.00 Final Plat, Major Subdivision, 41 to 200 lots $ 2,250.00 Final Plat, Major Subdivision, Over 200 lots $ 3,000.00 Major Adjustments for Minor Subdivisions $ 500.00 Major Adjustments for Major Subdivision, 6 to 40 lots $ 1,250.00 Major Adjustments for Major Subdivision, 41 to 200 lots $ 1,750.00 Major Adjustments for Major Subdivision, Over 200 lots $ 2,250.00 Minor Adjustments, Major and Minor Subdivisions $ 250.00 Pre-Application Meeting $ 600.00 + $50.00/lot Preliminary Plat (Minor) $ 1,750.00 + $50.00/lot Preliminary Plat, Major Subdivision, 6 to 40 lots $ 2,000.00 + $25.00/lot Preliminary Plat, Major Subdivision, 41 to 200 lots $ 2,750.00 + $25.00/lot Preliminary Plat, Major Subdivision, Over 200 lots $ 3,500.00 + $25.00/lot Subdivision for Rent or Lease, Final Plan $ 1,000.00 Subdivision for Rent or Lease, Preliminary Plan $ 1,500.00 All Appeals the same as the Application Fee Building Permit Fee Notes Additional Plan Review required by changes, additions or revisions to plans (minimum charge - one half hour) $ 47.00 Per Hour Formatted Table 168 FY21 Schedule of Fees and Charges 09/__/2021 Resolution No. R21-__ Page 8 of 12 Additional Re-Inspection Fee $ 50.00 Building Permit - See Appendix A Demolition Permit - See Appendix A Encroachment Permit $ 100.00 Fence Permit $ 75.00 Fire Inspection (includes one follow up inspection) $ 50.00 Mobile Home Blocking Permit (includes two-meter inspections) $ 75.00 Moving Permit $ 200.00 Photocopies (over 3 pages) $ 0.25 Per Page Plan Review (Commercial) - 65% of Building Permit Fee Plan Review (Residential) - 50% of Building Permit Fee Plotter Photocopies $ 7.00 Per page Right-of-way Excavation Permit (Gravel) $ 100.00 Right-of-way Excavation Permit (Paved) $ 150.00 Roofing Permit (Commercial) $ 200.00 Roofing Permit (Residential) $ 100.00 Sidewalk, Driveway Approach, Curb & Gutter Permit $ 100.00 Sign Permit - See Appendix A Sign Plan Review Fees - 50% of Sign Permit Fee Temporary Sign Permit $ 50.00 Temporary Structure Permit $ 100.00 APPENDIX A: BUILDING PERMIT FEES Building permit fees are determined by the total valuation of the project. For new construction and additions, the total valuation is determined by the most recent Valuation data as published by the International Code Council. For remodel projects, the total valuation is based on the documented project cost. (RPR is Residential Plan Review, CPR is Commercial Plan Review) Valuation BP Fee RPR Fee CPR Fee Valuation BP Fee RPR Fee CPR Fee $1 - $500 $ 36.00 $ 18.00 $ 23.40 $25,001 - $26,000 $ 601.50 $ 300.75 $ 390.98 $501 - $600 $ 40.50 $ 20.25 $ 26.33 $26,001 - $27,000 $ 616.50 $ 308.25 $ 400.73 $601 - $700 $ 45.00 $ 22.50 $ 29.25 $27,001 - $28,000 $ 633.00 $ 316.50 $ 411.45 $701 - $800 $ 49.50 $ 24.75 $ 32.18 $28,001 - $29,000 $ 648.00 $ 324.00 $ 421.20 $801 - $900 $ 54.00 $ 27.00 $ 35.10 $29,001 - $30,000 $ 663.00 $ 331.50 $ 430.95 $901 - $1,000 $ 58.50 $ 29.25 $ 38.03 $30,001 - $31,000 $ 678.00 $ 339.00 $ 440.70 $1,001 - $1,100 $ 63.00 $ 31.50 $ 40.95 $31,001 - $32,000 $ 693.00 $ 346.50 $ 450.45 $1,101 - $1,200 $ 67.50 $ 33.75 $ 43.88 $32,001 - $33,000 $ 708.00 $ 354.00 $ 460.20 Formatted Table 169 FY21 Schedule of Fees and Charges 09/__/2021 Resolution No. R21-__ Page 9 of 12 $1,201 - $1,300 $ 72.00 $ 36.00 $ 46.80 $33,001 - $34,000 $ 723.00 $ 361.50 $ 469.95 $1,301 - $1,400 $ 76.50 $ 38.25 $ 49.73 $34,001 - $35,000 $ 738.00 $ 369.00 $ 479.70 $1,401 - $1,500 $ 81.00 $ 40.50 $ 52.65 $35,001 - $36,000 $ 753.00 $ 376.50 $ 489.45 $1,501 - $1,600 $ 85.50 $ 42.75 $ 55.58 $36,001 - $37,000 $ 768.00 $ 384.00 $ 499.20 $1,601 - $1,700 $ 90.00 $ 45.00 $ 58.50 $37,001 - $38,000 $ 784.50 $ 392.25 $ 509.93 $1,701 - $1,800 $ 94.50 $ 47.25 $ 61.43 $38,001 - $39,000 $ 799.50 $ 399.75 $ 519.68 $1,801 - $1,900 $ 99.00 $ 49.50 $ 64.35 $39,001 - $40,000 $ 814.50 $ 407.25 $ 529.43 $1,901 - $2,000 $ 103.50 $ 51.75 $ 67.28 $40,001 - $41,000 $ 829.50 $ 414.75 $ 539.18 $2,001 - $3,000 $ 124.50 $ 62.25 $ 80.93 $41,001 - $42,000 $ 844.50 $ 422.25 $ 548.93 $3,001 - $4,000 $ 145.50 $ 72.75 $ 94.58 $42,001 - $43,000 $ 859.50 $ 429.75 $ 558.68 $4,001 - $5,000 $ 166.50 $ 83.25 $ 108.23 $43,001 - $44,000 $ 874.50 $ 437.25 $ 568.43 $5,001 - $6,000 $ 187.50 $ 93.75 $ 121.88 $44,001 - $45,000 $ 889.50 $ 444.75 $ 578.18 $6,001 - $7,000 $ 208.50 $ 104.25 $ 135.53 $45,001 - $46,000 $ 904.50 $ 452.25 $ 587.93 $7,001 - $8,000 $ 229.50 $ 114.75 $ 149.18 $46,001 - $47,000 $ 919.50 $ 459.75 $ 597.68 $8,001 - $9,000 $ 250.50 $ 125.25 $ 162.83 $47,001 - $48,000 $ 934.50 $ 467.25 $ 607.43 $9,001 - $10,000 $ 271.50 $ 135.75 $ 176.48 $48,001 - $49,000 $ 949.50 $ 474.75 $ 617.18 $10,001 - $11,000 $ 292.50 $ 146.25 $ 190.13 $49,001 - $50,000 $ 964.50 $ 482.25 $ 626.93 $11,001 - $12,000 $ 313.50 $ 156.75 $ 203.78 $50,001 - $51,000 $ 976.50 $ 488.25 $ 634.73 $12,001 - $13,000 $ 334.50 $ 167.25 $ 217.43 $51,001 - $52,000 $ 987.00 $ 493.50 $ 641.55 $13,001 - $14,000 $ 355.50 $ 177.75 $ 231.08 $52,001 - $53,000 $ 997.50 $ 498.75 $ 648.38 $14,001 - $15,000 $ 376.50 $ 188.25 $ 244.73 $53,001 - $54,000 $ 1,008.00 $ 504.00 $ 655.20 $15,001 - $16,000 $ 397.50 $ 198.75 $ 258.38 $54,001 - $55,000 $ 1,018.50 $ 509.25 $ 662.03 $16,001 - $17,000 $ 418.50 $ 209.25 $ 272.03 $55,001 - $56,000 $ 1,029.00 $ 514.50 $ 668.85 $17,001 - $18,000 $ 439.50 $ 219.75 $ 285.68 $56,001 - $57,000 $ 1,039.50 $ 519.75 $ 675.68 $18,001 - $19,000 $ 460.50 $ 230.25 $ 299.33 $57,001 - $58,000 $ 1,050.00 $ 525.00 $ 682.50 $19,001 - $20,000 $ 481.50 $ 240.75 $ 312.98 $58,001 - $59,000 $ 1,060.50 $ 530.25 $ 689.33 $20,001 - $21,000 $ 502.50 $ 251.25 $ 326.63 $59,001 - $60,000 $ 1,071.00 $ 535.50 $ 696.15 $21,001 - $22,000 $ 523.50 $ 261.75 $ 340.28 $60,001 - $61,000 $ 1,081.50 $ 540.75 $ 702.98 $22,001 - $23,000 $ 544.50 $ 272.25 $ 353.93 $61,001 - $62,000 $ 1,092.00 $ 546.00 $ 709.80 $23,001 - $24,000 $ 565.50 $ 282.75 $ 367.58 $62,001 - $63,000 $ 1,102.50 $ 551.25 $ 716.63 $24,001 - $25,000 $ 586.50 $ 293.25 $ 381.23 $63,001 - $64,000 $ 1,113.00 $ 556.50 $ 723.45 Valuation BP Fee RPR Fee CPR Fee $64,001 - $65,000 $ 1,123.50 $ 561.75 $ 730.28 $100,001 - $500,000: $1491.00 for the first $100,000, plus $6.40 for each additional $1,000 or portion thereof. $65,001 - $66,000 $ 1,134.00 $ 567.00 $ 737.10 $66,001 - $67,000 $ 1,144.50 $ 572.25 $ 743.93 $67,001 - $68,000 $ 1,155.00 $ 577.50 $ 750.75 $68,001 - $69,000 $ 1,165.50 $ 582.75 $ 757.58 $69,001 - $70,000 $ 1,176.00 $ 588.00 $ 764.40 $70,001 - $71,000 $ 1,186.50 $ 593.25 $ 771.23 $500,001 - $1,000,000: $4,051.00 for the first $500,000 plus $5.47 for each additional $1,000 or portion thereof. $71,001 - $72,000 $ 1,197.00 $ 598.50 $ 778.05 $72,001 - $73,000 $ 1,207.50 $ 603.75 $ 784.88 $73,001 - $74,000 $ 1,218.00 $ 609.00 $ 791.70 $74,001 - $75,000 $ 1,228.50 $ 614.25 $ 798.53 $75,001 - $76,000 $ 1,239.00 $ 619.50 $ 805.35 $76,001 - $77,000 $ 1,249.50 $ 624.75 $ 812.18 $1,000,000 and up: $6,239.00 for 170 FY21 Schedule of Fees and Charges 09/__/2021 Resolution No. R21-__ Page 10 of 12 $77,001 - $78,000 $ 1,260.00 $ 630.00 $ 819.00 the first $1,000,000 plus $4.58 for each additional $1,000 or portion thereof. $78,001 - $79,000 $ 1,270.50 $ 635.25 $ 825.83 $79,001 - $80,000 $ 1,281.00 $ 640.50 $ 832.65 $80,001 - $81,000 $ 1,291.50 $ 645.75 $ 839.48 $81,001 - $82,000 $ 1,302.00 $ 651.00 $ 846.30 $82,001 - $83,000 $ 1,312.50 $ 656.25 $ 853.13 Residential Plan Review = 50% of Permit Fee $83,001 - $84,000 $ 1,323.00 $ 661.50 $ 859.95 $84,001 - $85,000 $ 1,333.50 $ 666.75 $ 866.78 $85,001 - $86,000 $ 1,344.00 $ 672.00 $ 873.60 Commercial Plan Review = 65% of Permit Fee $86,001 - $87,000 $ 1,354.50 $ 677.25 $ 880.43 $87,001 - $88,000 $ 1,365.00 $ 682.50 $ 887.25 $88,001 - $89,000 $ 1,375.50 $ 687.75 $ 894.08 If work has started prior to issuance of a permit, the Building Permit Fee will double. $89,001 - $90,000 $ 1,386.00 $ 693.00 $ 900.90 $90,001 - $91,000 $ 1,396.50 $ 698.25 $ 907.73 $91,001 - $92,000 $ 1,407.00 $ 703.50 $ 914.55 $92,001 - $93,000 $ 1,417.50 $ 708.75 $ 921.38 $93,001 - $94,000 $ 1,428.00 $ 714.00 $ 928.20 $94,001 - $95,000 $ 1,438.50 $ 719.25 $ 935.03 $95,001 - $96,000 $ 1,449.00 $ 724.50 $ 941.85 $96,001 - $97,000 $ 1,459.50 $ 729.75 $ 948.68 $97,001 - $98,000 $ 1,470.00 $ 735.00 $ 955.50 $98,001 - $99,000 $ 1,480.50 $ 740.25 $ 962.33 $99,001 - $100,000 $ 1,491.00 $ 745.50 $ 969.15 Planning Fees Site Plan Review Fee (Residential) ..................................................................................................... $ 100.00 Site Pan Review Fee (Commercial) .................................................................................................... $ 350.00 Zone Change ............................................................................................................................... $ 1,100 + $25.00/acre All Zone Change Applications resubmitted within 1 year of a withdrawal request made after the legal advertising ............................................................... $550.00 Conditional Use Application (Residential) ......................................................................................... $550.00 Conditional Use Application (Commercial) .................................................................................... $1,100.00 Special Review (Residential) .............................................................................................................. $350.00 Special Review (Commercial) ............................................................................................................ $ 550.00 All Special Review Applications resubmitted within one year of a withdrawal request made after the legal advertising ............................................................... $550.00 Annexation into the City of Laurel (80 acres or less) ................................................................. $300.00 + $25.00/acre Annexation into the City of Laurel (81 acres or more) ............................................................... $300.00 + $35.00/acre Home Occupations ............................................................................................................................... $ 75.00 Temporary Use Permit ........................................................................................................................ $325.00 Vacation of Street or Alley ................................................................................................................. $150.00 Variance (Residential) ........................................................................................................................ $ 500.00 Variance (Commercial) ..................................................................................................................... $1,100.00 All Variance Applications resubmitted within one year of a withdrawal request made after the legal advertising ................................................................ $500.00 Zoning Map Amendment ....................................................................................................... $ 1,100.00 + $ 25.00/acre Staff Research ....................................................................................................................................... $ 35.00/hour Cash in Lieu of Parking Spaces Except in the Central Business District ........................................ $ 1,000.00 Outdoor Seating .................................................................................................................................... $ 75.00 Floodplain Permit ............................................................................................................................... $ 200.00 171 FY21 Schedule of Fees and Charges 09/__/2021 Resolution No. R21-__ Page 11 of 12 Review of Buildings for Lease or Rent ............................................................................................... $ 200.00 Zoning Compliance Fee ..................................................................................................................... $ 100.00 Subdivision Application Fees Pre-Application Meeting ................................................................................................... $550.00 + $25.00/Lot Preliminary Plat (Major) ................................................................................................. $1,375.00 + $50.00/Lot Preliminary Plat (Minor) ................................................................................................... $600.00 + $50.00/Lot Final Plat (Major) ........................................................................................................................ $750.00 + $25.00/Lot Final Plat (Minor) ........................................................................................................................ $550.00 + $25.00/Lot Planned Unit Development (PDU) Concept Plan ................................................................................ $550.00 Planned Unit Development (PDU) Preliminary Plan ............................................................... $1,100.00 + $25.00/Lot Planned Unit Development (PDU) Final Plan ..................................................................................... $550.00 Subdivision for Rent or Lease Preliminary Plan ............................................................................... $1,375.00 Subdivision for Rent or Lease Final Plan ........................................................................................... $550.00 Exempt Subdivision ............................................................................................................................ $200.00 Corrections or Vacation of Recorded Final Subdivision Plats or Supporting Documents .................. $250.00 Corrections or Adjustments to Plats, Conditions, and Supporting Documents after Preliminary Plat Approval: Minor Adjustments .................................................................................................................... $250.00 Major Adjustments: Major Subdivisions affecting: 6 to 40 Lots ........................................................................................................ $1,100.00 41 to 200 Lots .................................................................................................... $3,300.00 Over 200 Lots .................................................................................................... $4,400.00 Minor Subdivisions .......................................................................................................... $440.00 All Appeals the Same as Application Fee Building Permit Fees Building Permits ............................................................................................................................. See Appendix A Fence Permits ..................................................................................................................................... ... $50.00 Plan Review ....................................................................................................... 35% of Building Permit Fee Demolition Permits ............................................................................................................ See Appendix A Re-Inspection ......................................................................................................................................... $50.00 Moving Permit ....................................................................................................................................... $50.00 Mobile Home Inspection (Blocking permit includes two meter inspections) ........................................ $50.00 Mobile Home Water Meter Inspection ........................................................................ $25.00 per additional inspection Permit to Work in the Right-of-Way – Gravel Surface ......................................................................... $75.00 Permit to Work in the Right-of-Way – Paved Surface ........................................................................ $125.00 Encroachment Permit (per Year) ........................................................................................................... $75.00 Approach, Sidewalk, Curb, and Gutter .................................................................................................. $75.00 Residential Roofing Permit .................................................................................................................... $75.00 Commercial Roofing Permit .............................................................................................. See Appendix A Sign Permit ........................................................................................................................ See Appendix A Temporary Sign Permit .......................................................................................................................... $50.00 Fire Inspection (Initial and One Follow-Up) ......................................................................................... $35.00 Fire Inspection (per additional inspection) ............................................................................................ $10.00 172 FY21 Schedule of Fees and Charges 09/__/2021 Resolution No. R21-__ Page 12 of 12 APPENDIX A: BUILDING PERMIT FEES Building Permit Fees are determined by the Total Valuation of the project. For new construction and additions the total valuation is determined by the most recent Valuation Data as published by the International Code Council. For remodel projects, the total valuation is based on the documented project cost. Total Project Cost Permit From To Fee $1 -------- $500 -------- $24 $501 -------- $600 -------- $27 $601 -------- $700 -------- $30 $701 -------- $800 -------- $33 $801 -------- $900 -------- $36 $901 ------ $1,000 -------- $39 $1,001 ------ $1,100 -------- $42 $1,101 ------ $1,200 -------- $45 $1,201 ------ $1,300 -------- $48 $1,301 ------ $1,400 -------- $51 $1,401 ------ $1,500 -------- $54 $1,501 ------ $1,600 -------- $57 $1,601 ------ $1,700 -------- $60 $1,701 ------ $1,800 -------- $63 $1,801 ------ $1,900 --------- $66 $1,901 ------ $2,000 --------- $69 $2,001 ------ $3,000 --------- $83 $3,001 ------ $4,000 --------- $97 $4,001 ------ $5,000 -------- $111 $5,001 ------ $6,000 -------- $125 $6,001 ------ $7,000 -------- $139 $7,001 ------ $8,000 -------- $153 $8,001 ------ $9,000 -------- $167 $9,001 ---- $10,000 -------- $181 $10,001 ---- $11,000 -------- $195 $11,001 ---- $12,000 -------- $209 $12,001 ---- $13,000 -------- $223 $13,001 ---- $14,000 -------- $237 $14,001 ---- $15,000 -------- $251 $15,001 ---- $16,000 -------- $265 $16,001 ---- $17,000 -------- $279 $17,001 ---- $18,000 -------- $293 $18,001 ---- $19,000 -------- $307 $19,001 ---- $20,000 -------- $321 $20,001 ---- $21,000 -------- $335 $21,001 ---- $22,000 -------- $349 $22,001 ---- $23,000 -------- $363 $23,001 ---- $24,000 -------- $377 Total Project Cost Permit From To Fee $24,001 ---- $25,000 -------- $391 $25,001 ---- $26,000 -------- $401 $26,001 ---- $27,000 -------- $411 $27,001 ---- $28,000 -------- $422 $28,001 ---- $29,000 -------- $432 $29,001 ---- $30,000 -------- $442 $30,001 ---- $31,000 -------- $452 $31,001 ---- $32,000 -------- $462 $32,001 ---- $33,000 -------- $472 $33,001 ---- $34,000 -------- $482 $34,001 ---- $35,000 -------- $492 $35,001 ---- $36,000 -------- $502 $36,001 ---- $37,000 -------- $512 $37,001 ---- $38,000 -------- $523 $38,001 ---- $39,000 -------- $533 $39,001 ---- $40,000 -------- $543 $40,001 ---- $41,000 -------- $553 $41,001 ---- $42,000 -------- $563 $42,001 ---- $43,000 -------- $573 $43,001 ---- $44,000 -------- $583 $44,001 ---- $45,000 -------- $593 $45,001 ---- $46,000 -------- $603 $46,001 ---- $47,000 -------- $613 $47,001 ---- $48,000 -------- $623 $48,001 ---- $49,000 -------- $633 $49,001 ---- $50,000 -------- $643 $50,001 ---- $51,000 -------- $651 $51,001 ---- $52,000 -------- $658 $52,001 ---- $53,000 -------- $665 $53,001 ---- $54,000 -------- $672 $54,001 ---- $55,000 -------- $679 $55,001 ---- $56,000 -------- $686 $56,001 ---- $57,000 -------- $693 $57,001 ---- $58,000 -------- $700 $58,001 ---- $59,000 -------- $707 $59,001 ---- $60,000 -------- $714 $60,001 ---- $61,000 -------- $721 $61,001 ---- $62,000 -------- $728 Total Project Cost Permit From To Fee $62,001 ---- $63,000 -------- $735 $63,001 ---- $64,000 -------- $742 $64,001 ---- $65,000 -------- $749 $65,001 ---- $66,000 -------- $756 $66,001 ---- $67,000 -------- $763 $67,001 ---- $68,000 -------- $770 $68,001 ---- $69,000 -------- $777 $69,001 ---- $70,000 -------- $784 $70,001 ---- $71,000 -------- $791 $71,001 ---- $72,000 -------- $798 $72,001 ---- $73,000 -------- $805 $73,001 ---- $74,000 -------- $812 $74,001 ---- $75,000 -------- $819 $75,001 ---- $76,000 -------- $826 $76,001 ---- $77,000 -------- $833 $77,001 ---- $78,000 -------- $840 $78,001 ---- $79,000 -------- $847 $79,001 ---- $80,000 -------- $854 $80,001 ---- $81,000 -------- $861 $81,001 ---- $82,000 -------- $868 $82,001 ---- $83,000 -------- $875 $83,001 ---- $84,000 -------- $882 $84,001 ---- $85,000 -------- $889 $85,001 ---- $86,000 -------- $896 $86,001 ---- $87,000 -------- $903 $87,001 ---- $88,000 -------- $910 $88,001 ---- $89,000 -------- $917 $89,001 ---- $90,000 -------- $924 $90,001 ---- $91,000 -------- $931 $91,001 ---- $92,000 -------- $938 $92,001 ---- $93,000 -------- $945 $93,001 ---- $94,000 -------- $952 $94,001 ---- $95,000 -------- $959 $95,001 ---- $96,000 -------- $966 $96,001 ---- $97,000 -------- $973 $97,001 ---- $98,000 -------- $980 $98,001 ---- $99,000 -------- $987 $99,001 -- $100,000 -------- $994 Building Permit Fees for projects with total values of $100,001 to $500,000 are $994 for the first $100,000 plus $5.60 for each additional $1,000 or fraction thereof up to and including $500,000. Building Permit Fees for project with total values of $500,001 to $1,000,000 are $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000 or fraction thereof up to and including $1,000,000. Building Permit Fees for projects with total values of $1,000,001 or more are $5,608.75 for the first $1,000,000 plus $3.15 for each additional $1,000 or fraction thereof. 173 File Attachments for Item: 24. Resolution No. R21-78: A Resolution Of The City Council Approving An Amendment To The Previously Approved Task Order Between The City Of Laurel And KLJ Engineering Inc. Authorizing Additional Compensation For Additional Engineering For The 5th Avenue Water Main Re-Route Project. 174 R21-78 Approve Amendment to Task Order KLJ 5th Avenue Water Main Re-Route RESOLUTION NO. R21-78 A RESOLUTION OF THE CITY COUNCIL APPROVING AN AMENDMENT TO THE PREVIOUSLY APPROVED TASK ORDER BETWEEN THE CITY OF LAUREL AND KLJ ENGINEERING INC. AUTHORIZING ADDITIONAL COMPENSATION FOR ADDITIONAL ENGINNEERING FOR THE 5TH AVENUE WATER MAIN RE-ROUTE PROJECT. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Amendment to Task Order for the 5th Avenue Water 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 August 24, 2021, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel this 24th day of August 2021. APPROVED by the Mayor this 24th day of August 2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 175 Exhibit K – Amendment to Task Order – 5th Avenue Water Reroute EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT K , consisting of two pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services – KLJ Project NO. 2014-0018 Amendment to Task Order: 5th Avenue Water Main Reroute 1. Background Data: A. Effective Date of Task Order: January 26, 2021 B. Owner: City of Laurel C. Engineer: KLJ Engineering, Inc. D. Specific Project (title): 5th Ave Water Main Reroute 2. Description of Modifications Add: Approximately 650 lineal feet from 4 th Street to 75 feet past Valley Drive to the project extents. A. Engineer shall perform the following Additional Services: a. Design, bidding, construction inspection, construction surveying, and construction administration of additional street reconstruction B. The Scope of Services currently authorized to be performed by Engineer in accordance with the Task Order and previous amendments, if any, is modified as follows: N/A C. The responsibilities of Owner with respect to the Task Order are modified as follows: N/A D. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: $15,500.00 E. The schedule for rendering services under this Task Order is modified as follows: N/A F. Other portions of the Task Order (including previous amendments, if any) are modified as follows: N/A 176 Exhibit K – Amendment to Task Order – 5th Avenue Water Reroute EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 3. Task Order Summary (Reference only) A. Original Task Order amount: $ 106,000.00 B. Net change for prior amendments: $ 0.00 C. This amendment amount: $ 15,500.00 D. Adjusted Task Order amount: $ 121,500.00 The foregoing Task Order Summary is for reference only and does not alter the terms of the Task Order, including those set forth in Exhibit C. Owner and Engineer hereby agree to modify the above-referenced Task Order as set forth in this Amendment. All provisions of the Agreement and Task Order not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is__________________________. OWNER: ENGINEER: By: Thomas C. Nelson By: Mark Anderson Title: Mayor Title: Vice President Date Signed: Date Signed: 177 File Attachments for Item: 25. Resolution No. R21-79: Resolution Authorizing Owner’s Request To Seek Annexation Of 306 West 12th Street Pursuant To The City Of Laurel Annexation Policy. 178 R21-79 Annexation Request 306 West 12th Street RESOLUTION NO. R21-79 RESOLUTION AUTHORIZING OWNER’S REQUEST TO SEEK ANNEXATION OF 306 WEST 12TH STREET PURSUANT TO THE CITY OF LAUREL ANNEXATION POLICY. WHEREAS, the Property Owner submitted a request to annex property located at 306 West 12th Street which is adjacent to the City of Laurel, in order to connect to City water and sewer service; and WHEREAS, the City’s Annexation Policy requires the City Council to approve any requests for annexation of property that is less than 2 acres in size; and WHEREAS, the Property Owner submitted the attached letter of request seeking the City Council’s approval and authorization to seek annexation of his property; and WHEREAS, City Staff reviewed the request and discussed annexation with the Property Owner, and is recommending the approval of the request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the property located at 306 West 12th Street, City of Laurel, is appropriate for annexation; and BE IT FURTHER RESOLVED, that the Property Owner is hereby authorized to file an Annexation Application with City Staff seeking formal annexation to the City. Introduced at a regular meeting of the City Council on August 24, 2021, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this 24th day of August 2021 APPROVED by the Mayor this 24th day of August 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 179 1 8 0 1 8 1