HomeMy WebLinkAboutCouncil Workshop Packet 11.15.2022
AGENDA
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, NOVEMBER 15, 2022
6:30 PM
COUNCIL CHAMBERS
Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The
duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the
Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item
that is on tonight’s agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the
public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes.
Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your
comments until the public hearing. At the public hearing, the City Council will establish an official record that will include
all of your comments, testimony and written evidence. The City Council will base its decision on the record created during
the public hearing. Any comments provided tonight will not be included in the recor d or considered by the City Council.
General Items
1. Beartooth RC&D Presentation
2. Appointment of Rick Musson to the Police Commission for the remainder of a three-year term
ending April 30, 2024.
Executive Review
3. Resolution - Resolution Approving A Memorandum Of Understanding By And Between The
City Of Laurel And Beartooth Resource Conservation & Development Area, Inc.
4. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An
Independent Contractor Service Contract With True North Contracting
5. Resolution - Resolution Approving A Memorandum Of Understanding By And Between The
City Of Laurel And The Montana Department Of Transportation For The Planning And
Construction Of West Railroad Street.
6. Ordinance - An Ordinance Amending Section 14.04 Of The Laurel Municipal Code Relating
To The Construction Board Of Appeals For The City Of Laurel
Council Issues
7. Closed Executive Session - Litigation Strategy
Other Items
Attendance at Upcoming Council Meeting
Announcements
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
1
File Attachments for Item:
1. Beartooth RC&D Presentation
2
2022 City of Laurel Project Review
November 15, 2022
Thank you for being a great partner as we work together to help the businesses and residents of our 5-
county region! Here are some of the projects we have been working on in Yellowstone County and
City of Laurel this year:
Revolving Loan Fund
o Ten loans in Yellowstone County totaling $738,295.63.
o Five loans in Laurel totaling $278,235.40.
SSBCI loan assistance program
EDA Cares Act funding – grant conclusion 6/30/2022
o Yellowstone Economic Response & Recovery
Included formation of the Economic Response & Recovery Team (ERRT), local
expert trainings, business check-ins, and a Targeted Industry Study that led to
the Downtown Billings Housing Study
o Economic Resiliency & Tourism
Deb Brown’s visit in June, Bozeman Trail work
o Cushing Terrell Regional Housing Study
o Cushing Terrell Regional Housing Study Presentation
Completion of 5-year CEDS (Comprehensive Economic Development Strategy) document
USDA LFPP (Local Food Producers Program) collaborative grant application
Small Business / Community Assistance
o 406 Bovine LLC
o F Bar 3 Vineyard
o Yellowstone Valley Farms
o Laurel Rod & Gun Club
Stay Tuned for these projects in the works:
Brownfields Community-wide Assessment Grant Application
o Please alert us to any potential properties
RMAP (Rural Microentrepreneur Assistance Program) Application
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Opportunity to keep on your radar:
C-PACE (Commercial Property Assessed Capital Enhancement): https://lastbestpace.com/
Thank you again! Please refer to your digital copy of this to access hyperlinks. You can also find most
info posted on our website at www.beartooth.org. Don’t hesitate to reach out to us if you have
questions or need our assistance.
Joel Bertolino, Executive Director/Food & Ag Director: jbertolino@beartooth.org
Jacy Head, Economic Development Direct: jhead@beartooth.org
Nan Knight, Finance Director: nknight@beartooth.org
Myrna Lastusky, Administrative Assistant: mlastusky@beartooth.org
Beartooth Office Phone: 406-962-3914
4
File Attachments for Item:
2. Appointment of Rick Musson to the Police Commission for the remainder of a three-year term
ending April 30, 2024.
5
6
File Attachments for Item:
3. Resolution - Resolution Approving A Memorandum Of Understanding By And Between The
City Of Laurel And Beartooth Resource Conservation & Development Area, Inc.
7
R22-____ Approve MOU Related to Beartooth Resource Conservation
RESOLUTION NO. R22-_____
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE CITY OF LAUREL AND BEARTOOTH RESOURCE
CONSERVATION & DEVELOPMENT AREA, INC.
WHEREAS, the Beartooth Resource Conservation & Development Area, Inc.
(hereinafter “the Beartooth RC&D”) has been formally recognized by the U.S. Department of
Commerce, Economic Development Administration (hereinafter “EDA”) as a designated
Economic Development District (hereinafter “EDD”), and as a District, the Beartooth RC&D
has been awarded funding to carry out its Comprehensive Economic Development Strategy
(hereinafter “CEDS”); and
WHEREAS, the City of Laurel, as a participating entity in the District, is required to
execute a Memorandum of Understanding by and between the Beartooth RC&D and the
Yellowstone County Commissioners, in cooperation with the City of Billings, the City of
Laurel, and Big Sky EDA.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana:
Section 1: Approval. The Memorandum of Understanding (hereinafter “the MOU”)
by and between the City of Laurel and Beartooth Resource Conservation & Development Area,
Inc., a copy attached hereto and incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the MOU on
behalf of the City.
Introduced at a regular meeting of the City Council on the ______ day of
_____________, 2022 by Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
______ day of _____________, 2022.
APPROVED by the Mayor on the ______ day of _____________, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
8
R22-____ Approve MOU Related to Beartooth Resource Conservation
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
9
A
MEMORANDUM OF UNDERSTANDING
Between
Yellowstone County Commissioners, Big Sky Economic Development Authority,
City of Billings, City of Laurel
And
Beartooth Resource Conservation & Development Area, Inc.
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this ____ day of
____________, 202__, by and between Beartooth Resource Conservation & Development
Area, Inc., whose principal business address is P.O. Box 180, Joliet, Montana 59041, hereinafter
referred to as “Beartooth RC&D” and Yellowstone County Commissioners (in cooperation
with the City of Billings, City of Laurel, and Big Sky EDA), and hereinafter referred to as “the
Entity”.
WHEREAS, The Beartooth RC&D has been formally recognized by the U.S. Department of
Commerce, Economic Development Administration (EDA) as a designated Economic
Development District (EDD), and as a District, the Beartooth RC&D has been awarded funding to
carry out its Comprehensive Economic Development Strategy (CEDS). This funding will provide
a staff person, administrative support and operating costs. This is a continual grant, renewable
based on successful program operation and availability of federal funds. Local match is required.
WHEREAS, Each entity participating in the District will designate a representative and an
alternate to the regional Beartooth RC&D Board. This individual will convey the needs and
economic development goals of the community to the Beartooth RC&D board meetings. Regular
board meetings will be held every two months to assess project status and evaluate regional
economic development needs.
NOW THEREFORE IT IS UNDERSTOOD AS FOLLOWS:
ARTICLE 1: SCOPE OF WORK:
Beartooth RC&D employs an Economic Development Director to assist in the completion of the
Comprehensive Economic Development Strategy for the five county region. The Director’s time
will be allocated consistent with the goals in the CEDS by the Beartooth RC&D board of directors.
The board is composed of one representative and an alternate from business partners, county and
local elected officials and local economic development partners from our five county region. Input
from this board is essential for meeting the needs of the communities in our region.
Priority will be assigned projects of regional scope or projects with strong local leadership. Grant
funding for this position is from EDA, therefore, emphasis will be on regional economic
development planning and projects which have a correlation to job creation, economic
diversification and increased tax base. Matching funds are from participating entities and
emphasis will be placed on their specified projects.
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Annual Evaluation:
The performance of the Economic Development District will be evaluated annually by local
entities participating on the regional Beartooth RC&D Board. Progress and/or accomplishments
on each program/project will be reported and evaluated to ensure resources are being utilized in the
most effective and efficient manner possible. Annual Comprehensive Economic Development
Strategy updates and an annual plan of work will be developed with input from the Beartooth
RC&D staff and board. Annual reports on projects and economic development activities will be
provided to the board and participating entities along with the renewal of the Memorandum of
Understanding.
ARTICLE 2: PERIOD OF PERFORMANCE:
The term of this Memorandum of Understanding shall be from the date it is signed through
December 31, 2023, unless extended by mutual agreement by both parties. Such extension must
be in writing, signed by authorized representatives of both parties, and made a part of the original
Memorandum of Understanding by modification reference. This Memorandum of Understanding
supersedes the prior Memorandum for participation in the Economic Development District.
ARTICLE 3: PAYMENT:
The Entity’s annual contribution will be $4,500.00 as a “Membership” fee plus a per capita
assessment of .19 cents per person. These funds will provide the necessary match to obtain the
$70,000.00 in federal funds. Entities who do not participate financially in the match requirement
will not receive services from the Economic Development Coordinator. The calculated fee for
Yellowstone County is $36,257.74. This figure is a total of the $4,500.00 county fee plus
$31,757.74 per capita formula using a population of 167,146 (x .19) as per the 2021 Census data.
Yellowstone County’s full payment will be separated into a four-way payment system. Each entity
within the county will pay a percentage (%) similar to the previous year. Big Sky EDA- 34% or
$12,327.63, City of Billings- 36% or $13,052.79, City of Laurel- 6% or $2,175.46 and
Yellowstone County- 24% or $8,701.86.
Annually, the Beartooth RC&D/EDD staff will provide a comprehensive report of the past year’s
activity. A new Memorandum of Understanding will be prepared and a request for the following
year’s match submitted. Entities will be billed for match funds after January 1, 2023, for the
current year’s assessment.
Payment as provided in this section shall be full compensation for work performed, services
rendered and for all materials, supplies, equipment, and incidentals necessary to complete the
work.
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ARTICLE 4: EXAMINATION OF RC&D RECORDS:
The Entity or its representatives shall have the right to examine any books, records, or other
documents of the Beartooth RC&D, directly relating to costs when such costs are the basis of
compensation hereunder.
ARTICLE 5: OWNERSHIP AND USE OF DOCUMENTS:
Reproducible copies of all documents and other materials produced by the Beartooth RC&D in
connection with the services rendered under this memorandum of understanding shall be provided
to the Entity for the Entity's use whether the project for which they are made is executed or not.
The Beartooth RC&D shall be permitted to retain originals, including reproducible originals, of
drawings and specifications for information, reference and use in connection with Beartooth
RC&D endeavors.
ARTICLE 6: WARRANTY:
The Beartooth RC&D warrants that all services performed herein shall be performed using that
degree of skill and care ordinarily exercised in and consistent with generally accepted practices for
the nature of the services and shall conform to all requirements of this Memorandum of
Understanding.
ARTICLE 7: SAFETY:
The Beartooth RC&D agrees to fully comply with the Occupational Safety and Health Act of
1970, all regulations issued there under and all state laws and regulations enacted and adopted
pursuant thereto. The Beartooth RC&D shall take all necessary precautions in performing the
services hereunder to prevent injury to persons or damage to property.
ARTICLE 8: CONFIDENTIALITY AND CONFLICTS OF INTEREST:
The Beartooth RC&D agrees to hold in strict confidence any proprietary or other data, findings,
results, or recommendations deemed to be confidential by the Entity and obtained or developed by
the Beartooth RC&D in connection with the work under this memorandum of understanding. The
Beartooth RC&D warrants and agrees they do not and will not have any conflicts of interest
regarding the performance of services hereunder.
ARTICLE 9: APPLICABLE LAW:
This Memorandum of Understanding shall be governed in all respects by the laws of the State of
Montana. No changes, amendments or modifications of any of the terms and conditions hereof
shall be valid unless agreed to in writing. Venue of any proceeding arising hereunder shall be the
Twenty-second Judicial District.
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ARTICLE 10: COMPLIANCE WITH LAWS:
The Beartooth RC&D shall in performing the services contemplated by this Memorandum of
Understanding, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services to be rendered under this Memorandum of
Understanding.
ARTICLE 11: CHANGES:
The parties, by mutual agreement, may, at any time during the term of this Memorandum of
Understanding and without invalidating the Memorandum of Understanding, make changes within
the general scope of the Memorandum of Understanding. The Beartooth RC&D to perform such
changed services. The Entity's priority list for project work within their county can be changed at
any time. In such case, the District will be informed of this change at the Entity's earliest
convenience.
ARTICLE 12: TERMINATION:
This Memorandum of Understanding may be terminated in whole or in part, in writing, by either
party in the event of substantial failure by the other party to fulfill its obligations under this
Memorandum of Understanding through no fault of the terminating party, provided that no
termination may be effected unless the other party is given: (1) not less than ten (10) days written
notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an
opportunity for consultation with the terminating party prior to termination.
Upon such termination the Entity shall pay the Beartooth RC&D amounts due and unpaid for
services rendered as of the effective date of termination, and the Beartooth RC&D shall provide to
the Entity all materials, surveys, reports, data, and other information performed or prepared as of
such date.
ARTICLE 13: INDEMNIFICATION:
The Beartooth RC&D agrees to and does hereby indemnify and save the Entity, its officers,
officials and employees, harmless against and from:
1. Any and all claims and liabilities, including but not limited to costs, expenses, and
attorney fees arising from injury to, or death of, persons (including claims and liabilities for care or
loss of services in connection with any bodily injury or death) and including injuries, sickness,
disease, or death to Beartooth RC&D employees occasioned by a negligent act, omission, or
failure of the Beartooth RC&D;
2. Any and all claims and liabilities, including costs and expenses, for loss or
destruction of or damage to any property belonging to the Beartooth RC&D or the Entity caused
by a negligent act, omission, or failure of the Beartooth RC&D and;
3. Any fines, penalties, or other amounts assessed against the Entity by reason of the
Beartooth RC&D failure to comply with all health, safety, and environmental laws and regulations
applicable to the services; resulting directly or indirectly from, or occurring in the course of the
Beartooth RC&D performance of the services. However, this indemnity shall not extend to claims
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and liabilities for (i) injury or death to persons or (ii) loss of or damage to property to the extent
that these claims and liabilities result directly from the Entity's negligence or willful misconduct.
ARTICLE 14: INSURANCE:
The Beartooth RC&D shall maintain and demonstrate the following types of insurance:
1. The Beartooth RC&D agrees that its employees and particularly the employees
designated to work on this memorandum of understanding are covered by applicable Worker’s
Compensation provisions. The Beartooth RC&D further agrees that if the Entity should legally
incur any costs whatsoever under the Worker’s Compensation laws by reason of the Beartooth
RC&D employees’ injury or death while engaged in the contract work, the Beartooth RC&D will
indemnify and hold harmless the Entity for such costs which the Entity may be legally be required
to pay to employees of the Beartooth RC&D.
2. Comprehensive general liability insurance for bodily injury, death, or loss of or
damage to property of third persons or other liability due to the negligent acts of the Beartooth
RC&D in the minimum amounts of $500,000 per occurrence and $1,000,000 aggregate for
personal injury; and $500,000 per occurrence/aggregate for property damage. Proof of coverage as
required by this section shall be delivered to the Entity within fifteen (15) days of execution of this
Agreement.
3. Professional liability errors and omissions insurance in a minimum amount of
$100,000.00.
ARTICLE 15: NONDISCRIMINATION:
The Beartooth RC&D will not discriminate against any employee or applicant for employment
relating to this project on the basis of race, color, religion, creed, political ideas, sex, age, marital
status, physical or mental handicap or national origin. All hiring associated with any project shall
be on the basis of merit and qualifications related to the requirements of the particular position
being filled.
ARITCLE 16: INDEPENDENT CONTRATOR:
The Beartooth RC&D and the Entity agree that the Beartooth RC&D is an independent contractor
with respect to the services provided pursuant to this Memorandum of Understanding. Nothing in
this Memorandum of Understanding shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Beartooth RC&D nor any employee of the
Beartooth RC&D shall be entitled to any benefits accorded Entity’s employees by virtue of the
services provided under this Memorandum of Understanding. The Entity shall not be responsible
for withholding or otherwise deducting federal income tax or social security or for contributing to
the state Worker’s Compensation program, nor shall the Entity be deemed in any way to assume
the duties of an employer with respect to the Beartooth RC&D, or any employee of the Beartooth
RC&D.
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ARTICLE 17: ASSIGNMENT:
The Beartooth RC&D shall not sublet or assign any of the services covered by this Memorandum
of Understanding without the express written consent of the Entity.
ARTICLE 18: NON-WAIVER:
Waiver by the City of any provision of this memorandum of understanding or any time
limitation provided for in this memorandum of understanding shall not constitute a waiver of any
other provision.
ARTICLE 19: NOTICES:
Any Notice to be served hereunder may be served upon the parties personally or served by
certified mail, return receipt. Notice served by mail shall be deemed complete upon deposit of said
notice in any United States Post Office, postage prepaid, directed to the party to be served, at the
following addresses:
ENTITY: City of Laurel____ RC&D: Beartooth RC&D
P.O. Box 10______ P.O. Box 180____
Laurel, MT 59044 Joliet, MT 59041
ARTICLE 20: INTEGRATED AGREEMENT:
This Memorandum of Understanding together with attachments or addenda represents the entire
and integrated Agreement between the Entity and the Beartooth RC&D and supersedes all prior
negotiations, representations, or agreements, written or oral. This Memorandum of Understanding
may be amended only by written instrument signed by both the Entity and the Beartooth RC&D.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals to this
Memorandum of Understanding the day and year in this instrument first above written.
CITY OF LAUREL BEARTOOTH RC&D/EDD
____________________________________ ___________________________________
Dave Waggoner Ryan VanBallegooyen
Mayor Chairman
ATTEST: ____________________________ Date: ________________________
15
File Attachments for Item:
4. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An
Independent Contractor Service Contract With True North Contracting
16
R22-____ Approve Independent Contractor Service Contract by and between the City of Laurel and True North
Contracting
RESOLUTION NO. R22-_____
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH
TRUE NORTH CONTRACTING
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Independent Contractor Service Contract by and between
the City of Laurel and True North Contracting, a copy attached hereto and incorporated herein,
is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Independent
Contractor Service Contract with True North Contracting on behalf of the City.
Introduced at a regular meeting of the City Council on the _____ day of November,
2022, by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the _____ day of
November, 2022.
APPROVED by the Mayor the _____ day of November, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 22nd day of November 2022, 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 October 23, 2022, 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 eleven thousand eight hundred and eight dollars and no cents
($11,808.00) 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, agreements or sub -
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Page 2 of 5
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 materials 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 c ost 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 al l 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.
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Page 3 of 5
J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
used or held for use in the completion or performance of the Contract.
K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s
compensation by City, whether directly incorporated into the Contract or not, passes to City at the time
of payment, free and clear of all liens and encumbrances.
SECTION FIVE
INDEMNITY AND INSURANCE
Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any
and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting
from any intentional or negligent act on the part of Contractor or its agents or employees.
SECTION SIX
COMPLIANCE WITH LAWS
Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor
shall either possess a City business license or shall purchase one, if a City Code requires a business
license.
SECTION SEVEN
NONDISCRIMINATION
Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and
qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed,
political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other party may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party
may bring suit for damages, specific performance, and any other remedy provided by law except for
punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
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Page 4 of 5
SECTION TEN
GOVERNING LAW AND DISPUTE RESOLUTION
The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that
venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties,
through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a
resolution of the dispute in good faith no later than ten business days after the dispute arises. If
negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the
mediator or file suit.
SECTION ELEVEN
ATTORNEY FEES
If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the
successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful
party’s attorney’s fees and all costs charges and expenses related to the action.
SECTION TWELVE
ENTIRE AGREEMENT
This contract and its referenced attachment and Exhibit A contain the entire agreement and
understanding of the parties and supersede any and all prior negotiations or understandings relating to
this project. This contract shall not be modified, amended, or changed in any respect except through a
written document signed by each party’s authorized respective agents.
SECTION THIRTEENTH
ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and ma y not be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and written
consent of the other party.
SECTION FOURTEEN
SEVERABILITY
Each provision, section, or subsection of this Contract shall stand separate and independent of every
other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection
of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall
remain in full force and effect.
SECTION FIFTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be
used to explain, simplify, or aid in the interpretation of the provisions of this agreement.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 22nd DAY OF NOVEMBER 2022.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Dave Waggoner, Mayor True North Contracting
ATTEST: Employer Identification Number
___________________________________ __________________________
Kelly Strecker, Clerk/Treasurer
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File Attachments for Item:
5. Resolution - Resolution Approving A Memorandum Of Understanding By And Between The
City Of Laurel And The Montana Department Of Transportation For The Planning And
Construction Of West Railroad Street.
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R22-____ Approve MOU Related to West Railroad Street
RESOLUTION NO. R22-_____
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE CITY OF LAUREL AND THE MONTANA DEPARTMENT OF
TRANSPORTATION FOR THE PLANNING AND CONSTRUCTION OF
WEST RAILROAD STREET
WHEREAS, the City of Laurel and the Montana Department of Transportation
(hereinafter “Montana DOT”) are working towards planning and development of the
reconstruction of West Railroad Street, in the City of Laurel, from 1st Avenue North to 8th
Avenue, with the Laurel Urban Area;
WHEREAS, the City and the Montana DOT have agreed upon a project that will
involve the City of Laurel, West Railroad Street from the junction with 1st Avenue to the
junction with 8th Avenue. The scope of work includes reconstruction work on West Railroad
Street from the intersection of 1st Avenue to 8th Avenue. This includes one travel lane in each
direction, new two-way left-turn lane, curb, gutter, sidewalks, and improvements to the existing
roadway;
WHEREAS, the Montana DOT will be responsible for assuring that the planning,
design, approvals and environmental clearances, construction, and maintenance of state and
federally-designated highway system facilities provide for the benefit of the traveling public in
a safe and efficient manner in accordance with Title 23 United States Code (U.S.C.) and related
federal regulation and guidance and Title 60, Montana Code Annotated (MCA);
WHEREAS, the City of Laurel will be responsible for items identified in the attached
Memorandum of Understanding (hereinafter “MOU”) and will be responsible for preparing the
financial package for the project;
WHEREAS, the City and the Montana DOT believe that a cooperative delineation and
identification of duties and responsibilities of the parties is essential to the overall development
of the project; and
WHEREAS, the City and the Montana DOT have outlined all respective rights and
responsibilities in the attached MOU.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana:
Section 1: Approval. The Memorandum of Understanding by and between the City of
Laurel and the Montana DOT, Inc., a copy attached hereto and incorporated herein, is hereby
approved.
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R22-____ Approve MOU Related to West Railroad Street
Section 2: Execution. The Mayor is hereby given authority to execute the MOU on
behalf of the City.
Introduced at a regular meeting of the City Council on the ______ day of
_____________, 2022 by Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
______ day of _____________, 2022.
APPROVED by the Mayor on the ______ day of _____________, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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1
MEMORANDUM OF AGREEMENT
BETWEEN CITY OF LAUREL AND THE MONTANA DEPARTMENT OF
TRANSPORTATION FOR THE PLANNING AND CONSTRUCTION OF
WEST RAILROAD STREET
This memorandum of agreement (MOA) by and between CITY of Laurel, 115 W. 1st
Street, Laurel, MT 59044 (CITY), and the Montana Department of Transportation, PO
Box 201001, Helena, MT 59620-1001 (MDT) establishes the roles, responsibilities, and
commitments relative to the planning, costs, and administration responsibilities necessary
for the reconstruction of West Railroad Street from 1st Avenue to 8th Avenue within the
Laurel Urban Area.
This PROJECT is in the city of Laurel on West Railroad Street (U-6902) from the
junction with 1st Avenue (N-4) to the junction with 8th Avenue (L-56-419A). The scope
of work includes reconstruction work on West Railroad Street from the intersection of 1st
Avenue to 8th Avenue. This includes one travel lane in each direction, new two-way left-
turn lane, curb, gutter, sidewalks, and improvements to the existing roadway.
WHEREAS, MDT is responsible for assuring that the planning, design, approvals and
environmental clearances, construction, and maintenance of state and federally-
designated highway system facilities provide for the benefit of the traveling public in a
safe and efficient manner in accordance with Title 23 United States Code (U. S. C.) and
related federal regulation and guidance and Title 60, Montana Code Annotated (MCA);
and
WHEREAS, the CITY agrees to be responsible for items identified in this MOA and be
responsible for preparing the financial package for the PROJECT; and
WHEREAS, the CITY agrees and understands that the PROJECT will not be
programmed for the construction phase until a funding package for all improvements,
including contingencies and overruns, is in place to MDT’s satisfaction.; and
WHEREAS, the CITY agrees this PROJECT is and will remain the CITY’s Urban
Highway Program funding priority until constructed; and
WHEREAS, the current estimated cost for all phases of the PROJECT is approximately
$7,600,0001 including indirect costs (IDC);
WHEREAS, it is mutually agreed upon that a cooperative delineation and identification of
duties and responsibilities of the parties is essential to the overall development of this
PROJECT.
NOW THEREFORE, the parties set forth below the fundamental duties and responsibilities
necessary for this proposed PROJECT.
1 Cost estimate based on preliminary estimates dated 11/2021, includes all phases, inflation, and IDC.
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I. PROJECT DEVELOPMENT
A. MDT:
1. Will develop and let the PROJECT for construction including consultant
management, administration, engineering analysis, surveying, design, public
involvement, environmental documentation, clearances, plans preparation,
acquisition of all appropriate permits, and the provisions of other services
required to complete the preconstruction phase, right of way acquisition, and
utility relocations in preparation to let and to construct the PROJECT.
2. Agrees all design will be in accordance with MDT's Project Development
Procedures and Design Manuals and, where applicable, current MDT and
AASHTO urban standards.
3. Agrees to collaborate with the CITY and the consultant on design specific
details in all public involvement activities.
B. CITY:
1. Agrees to act as the PROJECT sponsor and will provide appropriate and timely
input during the PROJECT’s development. The CITY will issue local permits
for applicable construction activities.
2. Acknowledges PROJECT design decisions and changes have potential to
impact PROJECT schedule and fundability.
3. Agrees to participate and support MDT in public forums, present in
collaboration with the consultant and MDT design specific details and
PROJECT elements.
4. Agrees to update the local Transportation Coordinating Committee (TCC)
regularly. Updates to include PROJECT status including PROJECT decisions
affecting STPU funding.
II. ENVIRONMENTAL REVIEW
A. MDT:
1. Will be responsible for the development of documents necessary for compliance
with the National Environmental Policy Act (NEPA), 23 CFR 771, Section 106
of the National Historic Preservation Act (NHPA), Section 4(f) of the DOT Act,
and the Montana Environmental Policy Act (MEPA), in connection with the
actions contemplated in this agreement. MDT will coordinate with FHWA for
their approval of the NEPA document, as necessary.
B. All Parties:
1. Understand that the decisions made by MDT and FHWA pursuant hereto and
the execution of this agreement do not constitute the irretrievable commitment
of resources by MDT or the CITY until all necessary steps are taken with
regard to any particular decision to comply with NEPA/MEPA and other
applicable state and federal laws.
III. FUNDING
A. MDT:
1. Will bill the CITY for costs in excess of available federal funding or elements
that are not federal-aid eligible prior to programming.
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B. CITY:
1. Agrees to and acknowledges its responsibility for all costs associated with the
PROJECT in excess of available STPU funds, for 100% of non-federal aid
eligible costs, and payback of state and federal funds expended on the
PROJECT if required.
2. Will provide any necessary local or non -federal match funds and associated
indirect costs to MDT within thirty (30) days of billing. MDT will not submit
programming requests to FHWA for individual PROJECT phases until the
required matching funds and funds for costs in excess of available federal funds,
if any, have been transferred to MDT.
3. Agrees, if the CITY actions cause MDT to terminate the PROJECT
development at any time, it will reimburse MDT for any and all costs incurred
by MDT, including any required payback of Federal funds already expended on
the PROJECT, up to the date of the stoppage.
4. Agrees, if the CITY actions result in federal nonparticipation, it will reimburse
MDT for any and all costs incurred by MDT, including any required payback
of Federal funds already expended on the PROJECT related to all
nonparticipation costs.
5. Will develop a comprehensive financial plan, for MDT review and approval,
for the PROJECT. The financial plan must address sources of funds in the
event of unanticipated cost overruns. This financial plan must be approved
before MDT will request programming for the construction phase of the
PROJECT.
C. All Parties:
1. Agree and understand Section 17-1-106 MCA requires any state agency,
including MDT, which receives non-general funds to identify and recover its
indirect costs. These costs are in addition to direct PROJECT costs. MDT’s
indirect cost rate is determined annually as a percentage of the PROJECT’S
direct costs to cover the PROJECT’S share of MDT’s indirect costs as defined
by 2 CFR Part 200 Appendix VII. MDT’s current indirect cost rate is 10.71%
for fiscal year 2023 (July 1, 2022, to June 30, 2023).
For this PROJECT, MDT billings to the CITY will include a charge for the
indirect costs at the current fiscal year indirect cost rate. This amount will be
applied toward the total PROJECT contribution of the CITY, if this PROJECT
extends across more than one fiscal year, more than one annual rate will be
involved, as the rates may change during the life of the PROJECT.
2. Agree and understand the PROJECT will not be programmed for the
construction phase until a funding package for all improvements, including
contingencies and overruns, is in place to MDT’s satisfaction.
3. Agree current PROJECT cost estimate for all phases is $7,600,000, this
includes IDC, contingency, and inflation to FFY26. Project costs will be
assessed at final design. If at final design, the estimate exceeds the available
STPU funds described in this Section, the CITY will have the option to modify
PROJECT features to best fit the PROJECT needs and budget.
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PROJECT funding sources include:
STPU funds FFY 20262: $ 5,200,000
Local funding: $ 2,500,000
$ 7,700,000
4. Agree PROJECT estimates will be updated at PROJECT milestones or as more
refined estimates become available until PROJECT closeout. All Parties will
meet regularly during the PROJECT development process and during each
phase to exchange PROJECT information, ensure PROJECT and funding are
tracking together, and identify any outstanding issues.
5. Acknowledge PROJECT design details and changes have potential to impact
PROJECT schedule and fundability. PROJECT cost increases above available
funding will delay PROJECT delivery timeframes until a complete funding
package has been secured.
IV. PROJECT DESIGN PHASE
A. MDT:
1. Will develop constructible design plans, in accordance with MDT design
policies, practices, guidelines, and the environmental process for the
PROJECT.
2. Will provide the CITY a design phase cost estimate including indirect costs to
cover MDT administrative expenses and request for any non-federal match
funds.
V. RIGHT-OF-WAY ACQUISITION
A. MDT:
1. Will request federal authorization to proceed with right-of-way acquisitions.
2. Will follow standard procedures to appraise, acquire and certify that all right-
of-way donated or purchased for this PROJECT was acquired in accordance
with all applicable federal and state laws and regulations required for federal
funded projects such as 49 CFR Part 24, Uniform Relocation Assistance and
Real Property Acquisition Regulation for Federally Assisted Programs, and the
guidelines and procedures contained in MDT’s Right of Way Manual.
3. Acknowledges that any right of way donated toward the PROJECT will reduce
the overall PROJECT costs and be considered as participation in the PROJECT
funding package, subject to limitations of federal/state match requirements, the
right of way requirements of the PROJECT, and subject to FHWA approval.
B. CITY:
1. Acknowledges that, according to federal regulations, if right-of-way is
donated to a PROJECT, the value of the right-of-way can only be credited
2Estimated Annual Allocations are subject to MDT Transportation Commission approval. Fu nding
Projections are based on best available information and are subject to change given current funding
uncertainties and unknown impacts of future congressional or other federal and state actions. Surface
Transportation Program (STPU) funds available is dependent on the delivery year of the PROJECT.
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after notification from MDT that FHWA authorization to proceed with right-
of-way acquisition has been issued and is subject to the following provisions:
a. Any right-of-way acquired or donated for the PROJECT must be
procured in accordance with 49 CFR Part 24, Uniform Relocation
Assistance and Real Property Acquisition Regulations for Federally
Assisted Programs, and the guidelines and procedures contained in
MDT’s Right of Way Manual. Per MDT Policy Procedure 8.03.004.1,
donated right of way for the PROJECT as in in-kind contribution can be
used to reduce the overall PROJECT costs, not to match federal funds.
Donated right of way will be valued by MDT as consistent with state and
federal requirements.
C. All Parties:
1. Agree valuation of CITY’s right of way acquired for the PROJECT will be
determined by a qualified appraiser per MDT’s discretion.
VI. UTILITIES
A. MDT:
1. Will inform the utility companies responsible for water, storm and sanitary
sewer, power, gas, and phone of the future plans for the area and encourage
the utility companies to make provision for any utility additions, adjustments,
or replacement anticipated within 20 years after the estimated completion of
the PROJECT.
2. Will prepare necessary utility agreements for facilities that must be moved
because of conflicts with the proposed PROJECT.
3. Will follow standard procedures for utility relocations and will coordinate
with the CITY.
VII. CONTRACT AWARD ADMINISTRATION
A. MDT:
1. Will provide a detailed breakdown of all estimated PROJECT costs and bill the
CITY accordingly for local contributions as necessary to complete the funding
package and bill the CITY in advance for construction of the PROJECT no
more than (60) days before bid opening.
2. Bid, award, and administer the construction contract for the PROJECT, once a
complete funding package is in place, in accordance with the standard MDT
procedures, including obtaining concurrence of award from FHWA.
3. Will not award the PROJECT contract without the CITY’s concurrence if the
bid price exceeds the available funds or exceeds MDT’s Project Award
Guidelines.
B. CITY:
1. Will submit payment for its portion of PROJECT cost based on the MDT
engineer’s estimate for the construction and construction engineering costs to
the MDT within thirty (30) days of billing.
2. Agrees if the federal government requires a reimbursement or return of any
federal funds because a PROJECT doesn’t advance due to CITY’s failure to
make any scheduled payment, the CITY will reimburse MDT for those federal
funds within thirty (30) days of billing.
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3. Agrees if at bid opening the CITY concurs with cost increases greater than
MDT’s Project Award Guidelines, the CITY will pay the increased costs in
excess of available STPU funds within thirty (30) days of MDT’s billing.
4. Agrees if at bid opening the CITY does not concur with cost increases greater
than 10% of MDT’s estimate, MDT will not award the PROJECT.
5. Agrees payments to this PROJECT will be coordinated through the MDT’s
Administration Division and will be provided to MDT staff in the form of a
check to be deposited and credited to this PROJECT. Please make the check
payable to the “Montana Department of Transportation” and send your
payment to:
Montana Department of Transportation
Attention: Collections
P.O. Box 201001
Helena, MT 59620-1001
The contact for billing and accounting questions for the MDT will be:
Ben Ternes
Special Project Accountant
P.O. Box 201001
Helena, MT 59620-1001
The contact for billing and accounting questions for the CITY will be:
[ENTER NAME]
[ENTER TITLE]
115 West 1st St.
Laurel, MT 59044
C. All Parties:
1. Agree project costs will be assessed at final design. If at final design, the
estimate exceeds the available STPU funds described in Section III, the CITY
will have the option to modify PROJECT features to best fit the PROJECT
needs and budget.
2. Understand it is possible that the PROJECT estimate may be exceeded once
construction has begun. MDT will inform the CITY beforehand, and as early as
possible, of anything that appears will result in a cost increase in excess of
available STPU funds and will discuss the need for any possible change order
with the CITY. It is agreed the CITY does not have the ability to veto or delay,
or refuse to pay for, any change orders deemed necessary by MDT. Change
orders, costs increase or unforeseen expenses in excess of available STPU funds
will be borne by the CITY.
3. Agree the CITY’s portion of the cost of any change order will be billed as early
as it can be readily determined and will be due and payable by the CITY within
thirty (30) days of the statement.
4. Agree within six (6) months after the PROJECT has been finally accepted with
the final costs submitted, MDT will submit a final statement to the CITY. The
final statement will be in the form of an invoice and provide details of any
expenses that may be identified as “miscellaneous ,” billing the CITY for cost
overruns, or it will be a check, for overpayment by the CITY. The CITY must
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submit payment to MDT within thirty (30) days of billing. If payment is not
made within that thirty (30) day period, interest on the unpaid amount will
accrue at the rate of 10% per year and continue to accrue until paid in full. If
the CITY is billed for additional funds, MDT will not participate in any future
funding agreements with the CITY until full payment, including interest, is
received from the CITY.
VIII. PROJECT CONSTRUCTION PHASE
A. MDT:
1. Will request programming of STPU funds and program local funds necessary
to complete the funding package for the construction phase of the proposed
PROJECT.
B. CITY:
1. Acknowledges the funding plan must demonstrate that all components of the
PROJECT will be completed.
2. Acknowledges FHWA construction phase approval is contingent on an
acceptable and comprehensive funding plan for the completed PROJECT.
3. Acknowledges the value of quantifiable materials and other MDT and FHWA
approved in-kind contributions can also be credited to reduce overall
PROJECT costs if all specifications are met and the transfer of ownership is
accomplished after the PROJECT is programmed. No other contributions or
services will be credited.
C. All Parties:
1. Agree and understand that MDT’s funding contribution is contingent on the
conditions described herein and therefore the PROJECT will not be
programmed for the construction phase until:
a. a funding package for the PROJECT through construction, including
contingencies and overruns, is in place to MDT’s satisfaction; and
b. all approvals, clearances and permits are obtained.
IX. GENERAL TERMS AND CONDITIONS
1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10)
year term, this Agreement will renew automatically, for successive one (1) year
terms, unless superseded by a new Agreement between the parties.
2. Termination – This Agreement may be terminated by MDT if the CITY violates or
breaches any term, condition, or article of this Agreement and the CITY has failed
to correct (or reasonably initiate correction) within 60 days of receiving notice in
writing addressed to the CITY’s representative, of such violation or breach of any
term, condition, or article of this Agreement.
3. Other Agreements – Other Agreements pertaining to the PROJECT area remain in
full force and effect. In the case of a conflict between this Agreement and a
previously executed Agreement, the terms of this Agreement apply.
4. Hold Harmless & Indemnification
a. The CITY agrees to protect, defend, indemnify, and hold MDT, its elected
and appointed officials, agents, and employees, while acting within their
duties as such, harmless from and against all claims, liabilities, demands,
causes of action, and judgments ( including the cost of defense and
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reasonable attorney fees) arising in favor of or asserted by the CITY’s
employees or third parties on account of personal or bodily injury, death or
damage to property, arising out of the acts or omissions of the CITY, its
agents, or sub-contractors, under this Agreement, except the negligence of
MDT.
b. The State and Department of Transportation agrees to protect, defend,
indemnify, and hold the CITY, its elected and appointed officials, agents,
and employees, while acting within their duties as such, harmless from and
against all claims, liabilities, demands, causes of action, and judgments (
including the cost of defense and reasonable attorney fees) arising in favor
of or asserted by the MDT’s employees or third parties on account of
personal or bodily injury, death or damage to property, arising out of the
acts or omissions of MDT, its agents, or sub-contractors, under this
Agreement, except the negligence of the CITY.
5. Insurance
a. General Requirements: Each party shall maintain for the duration of this
Agreement, at its own cost and expense, insurance against claims for
injuries to persons or damages to property that may arise from or in
connection with the performance of the duties and obligations in this
Agreement by each party, its agents, employees, representatives, assigns, or
sub-contractors. This insurance shall cover such claims as may be caused
by any negligent act or omission.
b. General Liability Insurance: Each party shall purchase and maintain
occurrence coverage with combined single limits for bodily injury, personal
injury, and property damage of $1 million per occurrence and $2 million
aggregate per year to cover such claims as may be caused by or arising out
of any negligent acts or omissions in work or services performed under this
Agreement, or as established by statutory tort limits as provided by a public
entity self-insurance program either individually or on a pool basis as
provided by Mont. Code Ann. Title 2, Chapter 9.
c. General Provisions: All insurance coverage must be with a carrier licensed
to do business in the State of Montana or by a public entity self-insured
program either individually or on a pool basis. Each party must notify the
other immediately of any material change in insurance coverage, such as
changes in limits, coverage, change in status of policy, etc. Each party
reserves the right to request complete copies of the other party’s insurance
policy or self-insured memorandum of coverage at any time.
d. Workers’ Compensation Insurance: The CITY must maintain workers’
compensation insurance and require its contractors and its contractor’s sub-
contractors to carry their own workers compensation coverage while
performing work within MDT right-of-way in accordance with Mont. Code
Ann. §§39-71-401 and 39-71-405. Neither the contractor nor its employees
are employees of MDT. This insurance/exemption must be valid for the
entire Agreement period.
6. Public Safety
a. It is agreed, if any repairs to the elements of the PROJECT must be
performed to address or prevent a public hazard, the CITY will immediately
protect the area from public access, contact the appropriate MDT District
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Maintenance Office, and make reasonable and timely effort to correct or
repair the hazard.
7. Invoicing and Indirect Cost (IDC)
a. If MDT incurs any costs resulting from this Agreement, MDT shall be
entitled to be compensated for such costs by the CITY and the CITY shall
pay the same within thirty (30) days of its receipt of such invoices.
Mont. Code Ann. §17-1-106, requires any state agency, including MDT,
which receives non-general funds to identify and recover its indirect costs
(IDC). These costs are in addition to direct PROJECT costs. MDT’s IDC
rate is determined annually as a percentage of the PROJECT’S direct costs
to cover the PROJECT’S share of MDT’s IDC as defined by 2 CFR Part
200, Appendix VII. MDT’s current IDC rate is 10.71% for fiscal year 2023
(July 1, 2022, to June 30, 2023). If the work occurs or extends into fiscal
year 2024 or beyond the IDC rate will be charged at the rate agreed to by
MDT and the Federal Highway Administration (FHWA).
i. Invoice will be sent to:
[ENTER NAME]
[ENTER TITLE]
115 West 1st St.
Laurel, MT 59044
ii. Payments shall be made to:
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
8. Choice of Law and Venue – This Agreement shall be governed by the laws of
Montana. The parties agree that any litigation concerning this Agreement must be
brought in the First Judicial District Court, in and for the County of Lewis and
Clark, State of Montana, and each party shall pay its own costs and attorney fees
except as otherwise noted in this agreement. In case of conflict between the terms
and conditions of this Agreement and the laws of the State of Montana, the laws of
the State of Montana shall control.
9. Binding Effect -- The benefits and obligations set forth in this Agreement shall be
binding upon, and inure to the benefit of, their respective successors, administrators
and assigns of the Parties.
10. Relationship of Parties -- Nothing contained in this Agreement shall be deemed or
construed (either by the parties hereto or by any third party) to create the
relationship of principal and agent or create any partnership joint venture or other
association between the Parties.
11. Non-Discrimination – The CITY will require that during the performance of any
work arising out of this Agreement the CITY, for itself, assignees, and successors
shall comply with all applicable non-discrimination regulation set forth in
Attachment “A” attached hereto and made part of this Agreement.
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12. ADA - MDT requires that any construction resulting from this Agreement must
include appropriate pedestrian facilities that meet or exceed current MDT policies
and guidelines for accessibility as set forth by the United States Department of
Justice 2010 ADA Standards for Accessibility Design, United States Access Board
Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way (2011
PROWAG), and MDT’s detailed drawings, 608 series.
13. Audit – The CITY grants to the Legislative Auditor and the Legislative Fiscal
Analysts the right, without prior notice and during normal business hours, to audit,
at their own costs and expense, all records, reports, and other documents, the CITY
maintains in connection with this Agreement.
14. Utilities -- This Agreement is subject to the right of any private or public utility
entity now lawfully occupying the right-of-way to continue to operate and maintain
utility facilities thereupon. Copies of existing utility permits may be obtained from
the MDT District Utility Agent.
15. Amendment and Modification -- This Agreement may be modified or amended
only by written Addendum signed by the parties. In addition to the terms and
conditions contained herein, the provisions of any Addendum may be incorporated
and made a part hereof by this reference in the terms of the amendment so provided.
In the event of any conflict between the terms and conditions hereof and the
provisions of any Addendum, the provision of the Addendum shall control, unless
the provisions thereof are prohibited by law.
16. Representatives
a. CITY’s Representative: The CITY’s Representative for this Agreement
shall be the CITY Manager or designee or such other individual as CITY
shall designate in writing. Whenever approval or authorization from or
communication or submission to CITY is required by this Agreement, such
communication or submission shall be directed to the CITY’s
Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when
CITY’s Representative is not available, MDT may direct its communication
or submission to other designated CITY personnel or agents.
b. MDT’s Representative: The MDT Representative for this Agreement shall
be the District Administrator or Maintenance Chief or such other individual
as MDT shall designate in writing. Whenever direction to or
communication with MDT is required by this Agreement, such direction or
communication shall be directed to MDT’s Representative; provided,
however, that in exigent circumstances when MDT’s Representative is not
available, CITY may direct its direction or communication or submission to
other designated MDT personnel or agents.
17. Counterpart Execution – This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together
shall constitute one and the same Agreement. The counterparts of this Agreement
may be executed and delivered by facsimile or other electronic signature by any of
the parties to any other party and the receiving party may rely on the receipt of such
document so executed and delivered by facsimile or other electronic means as if the
original had been received.
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CITY OF LAUREL
By: ___________________________
City Manager
STATE OF MONTANA - DEPARTMENT OF TRANSPORTATION
By: ___________________________ Date: ___________________________
Montana Department of Transportation
Approved for Legal Content: Approved for Civil Rights Content:
By: _________________________________ By: __________________________
MDT Legal Services Office of Civil Rights
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Rev. 01/2022
MDT NONDISCRIMINATION
AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and
Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter
“protected classes”) by its employees or anyone with whom MDT does business:
Federal protected classes State protected classes
Race, color, national origin,
sex, sexual orientation, gender identity,
age, disability, income-level & Limited
English Proficiency
Race, color, national origin, parental/marital status,
pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth, religion/creed, social origin or
condition, genetic information, sex, sexual orientation,
gender identification or expression, ancestry, age,
disability mental or physical, political or religious
affiliations or ideas, military service or veteran status,
vaccination status or possession of immunity passport
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all
Acts and Regulations of the United States and the State of Montana relative to Non -
Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
(2) Non-dis crimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes in the
selection and retention of subcontractors, including procurements of materials and
leases of equipment, employment, and all other activities being performed under this
contract/agreement.
b. The PARTY will provide notice to its employees and the members of the public that it
serves that will include the following:
i. A statement that the PARTY does not discriminate on the grounds of any
protected classes.
ii. A statement that the PARTY will provide employees and members of the public
that it serves with reasonable accommodations for any known disability, upon
request, pursuant to the Americans with Disabilities Act as Amended (ADA).
iii. Contact information for the PARTY’s representative tasked with handling non -
discrimination complaints and providing reasonable accommodations under the
ADA.
iv. Information on how to request information in alternative accessible formats.
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Rev. 01/2022
c. In accordance with Mont. Code Ann. § 49-3-207, the PARTY will include a provision, in all
of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of
merit and qualifications and that the PARTY does not discriminate on the grounds of any
protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the
PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services. The list of all currently certified DBE firms is located on the MDT
website at mdt.mt.gov/business/contracting/civil/dbe.shtml
b. By signing this agreement, the PARTY assures MDT that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy as the recipient deems appropriate.
c. The PARTY must include the above assurance in each contract/agreement the PARTY
enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be
performed under a subcontract, including procurements of materials, or le ases of equipment,
each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation
under this contract/agreement and all Acts and Regulations of the United States and the State of
Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the
Acts, Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by MDT or
relevant US DOT Administration to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the PARTY will so certify to
MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination
provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY
complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
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Rev. 01/2022
(7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement,
the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following
non-discrimination statutes and authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
- Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100 -209), (broadened the scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the Federal-aid recipients,
sub-recipients, and contractors, whether such programs or activities are Federally funded or
not);
- Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
- The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low -income populations;
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
41
Rev. 01/2022
- Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.).
- Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of
gender identity and in hiring by federal contractors on the basis of both sexual orientation and
gender identity.
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through
seven in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The
PARTY will take action with respect to any subcontract or procurement as MDT or the relevant
US DOT Administration may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT
to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request
the United States to enter into the litigation to protect the interests of the United States.
42
Exhibit B
************************************************************************
MONTANA TRANSPORTATION COMMISSION
POLICY STATEMENT
Adopted by the Montana Transportation Commission
during regular session on April 7, 1998 – Revised November 22, 2002
Policy Number 06
************************************************************************
URBAN HIGHWAY PROGRAM BORROW POLICY
Background
Each year the Transportation Commission allocates a portion f the Federal Aid Surface
Transportation Program funds to the Urban Highway System. The annual allocation is
used to fund construction projects on the designated urban highways in Montana s fifteen
urban areas.
State statutes and past commission action have allowed urban areas to borrow against
their anticipated Urban Highway Program funds. Recognizing that Urban Highways
Program funds are apportioned solely on the basis of urban population and that the
apportionments vary greatly among the fifteen urban areas, this policy seeks to better
manage the program through setting understandable borrowing limits.
Policy
1. The projects must be on the State Urban Highway System as defined by the
Montana Transportation Commission to be eligible for Urban Highway Program
funds.
2. Each city (urban area) can borrow up to five years of its current year
apportionment for the benefit of eligible projects but the total amount advanced
cannot exceed one-half the total amount apportioned to the State Urban Highway
Program.
43
File Attachments for Item:
6. Ordinance - An Ordinance Amending Section 14.04 Of The Laurel Municipal Code Relating
To The Construction Board Of Appeals For The City Of Laurel
44
Ordinance No. 021-_____ LMC § 14.04 (Construction Board of Appeals)
ORDINANCE NO. 022-_____
AN ORDINANCE AMENDING SECTION 14.04 OF THE LAUREL MUNICIPAL
CODE RELATING TO THE CONSTRUCTION BOARD OF APPEALS FOR THE
CITY OF LAUREL
WHEREAS, the City Council desires to keep the Laurel Municipal Code current by
modifying and updating chapters, sections and subsections to address situations and problems
within the City and to remain in accordance with Montana law; and
WHEREAS, City Staff prepared, reviewed, and approved the following amendments to
the existing LMC § 14.04 et al as noted herein and hereby recommends the same to the City
Council for their full approval.
Chapter 14.04 CONSTRUCTION BOARD OF APPEALS
14.04.010 Board created.
A. There is created a board of appeals consisting of five qualified persons
appointed by the mayor, who shall hold office for a two-year term.
B. All board of appeals provided in any uniform code adopted by the city
under this title or referenced elsewhere in this code, are replaced by the
board described in subsection A of this section.
(Ord. 05-15 (part), 2005)
14.04.020 Duties.
The board of appeals shall:
A. Hear, make findings and decide all appeals arising out of the
enforcement of the codes;
B. Adopt rules and regulations for conducting its investigations;
C. Render all decisions and findings in writing to the enforcing officer of
the particular code with a duplicate copy to the appellant;
D. Recommend to the mayor such new legislation as is consistent with its
findings and decisions;
45
Ordinance No. 021-_____ LMC § 14.04 (Construction Board of Appeals)
E. Notify the appellant that failure to comply with the board's decision
within ten days or within a reasonable time set by the board, will result in the
filing of a complaint in the city court to compel compliance;
F. Limitations of Authority. The board of appeals shall have no authority
relative to interpretation of the administrative provisions of this code nor shall
the board be empowered to waive requirements of this code.
(Ord. 05-15 (part), 2005)
14.04.030 Ex officio members.
The official designated in the uniform code as an ex officio member of the board
provided in said uniform code shall be an ex officio member of the board
established under this title.
(Ord. 05-15 (part), 2005)
14.04.040 Failure to comply.
Once the board of appeals has made its decision, the appellant shall comply with
such decision. Upon failure to comply, a complaint may be filed with the
enforcing official in the city court.
(Ord. 05-15 (part), 2005)
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on the
_____ day of ______________, 2022, upon Motion by Council Member
_____________________.
PASSED and ADOPTED by the Laurel City Council on second reading on the _____
day of ______________, 2022, upon Motion by Council Member _____________________.
APPROVED BY THE MAYOR on the _____ day of ______________, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
46
Ordinance No. 021-_____ LMC § 14.04 (Construction Board of Appeals)
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
47