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HomeMy WebLinkAboutCouncil Workshop Packet 02.07.2023 AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, FEBRUARY 07, 2023 6:30 PM COUNCIL CHAMBERS Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item that is on tonight’s agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your comments until the public hearing. At the public hearing, the City Council will establish an official record that will include all of your comments, testimony and written evidence. The City Council will base its decision on the record created during the public hearing. Any comments provided tonight will not be included in the recor d or considered by the City Council. General Items 1. Appointment of Dylan Figg and Collin White to the Laurel Emergency Medical Service. Executive Review 2. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign A Memorandum Of Understanding For Operation And Cost Sharing For Public Transportation Services With The Adult Resource Alliance Of Yellowstone County. 3. Resolution - A Resolution Of The City Council Authorizing The Mayor To Accept The Service Order From ClearGov, Inc. And Execute All Related Documents. 4. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute The Agreement Between The City Of Laurel And The Yellowstone Valley Animal Shelter, For The Provision Of Animal Shelter Services. 5. Resolution - A Resolution Of The City Council Authorizing The Mayor To Accept The Proposal From In Control, Inc. For City Of Laurel Wastewater Treatment Plant Upgrades And Execute All Related Documents. 6. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Advanced Pump And Equipment, Inc. 7. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An Amendment To Task Order For The Water System Preliminary Engineering Report With KLJ Engineering, LLC. 8. Resolution - A Resolution Of The City Council Authorizing The Mayor To Consent To Assignment Of Agreement By And Between Exxon Mobil Pipeline Company LLC And Par Pacific Holdings, Inc. Council Issues 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. Appointment of Dylan Figg and Collin White to the Laurel Emergency Medical Service. 2 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 January 31, 2023 Dear Mayor and City Council, We are excited to announce that we have 2 EMS providers interested in joining our service as a volunteer. We have interviewed the following people and would be excited to bring them onto our team. - Dylan Figg, EMT. Dylan just received his EMT license. He would love to join our team to help gain the skills necessary to take care of patients in our community. - Collin White, EMT. Collin also recently received his EMT license. He is an Emergency Department Tech at StVs and would love to join our team to help gain the skills necessary to take care of patients . I believe they would both fit in well with our team and be an asset to our service. If the candidates are granted Council and Mayor approval, we will begin conducting their background checks and once completed and approved, we can bring them on the team. Thank you very much for your consideration on th ese candidates. Lyndy Gurchiek, NRP, Director Laurel EMS 215 W 1st Street Laurel, MT 591044 lgurchiek@laurel.mt.gov 406-860-8233 3 File Attachments for Item: 2. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign A Memorandum Of Understanding For Operation And Cost Sharing For Public Transportation Services With The Adult Resource Alliance Of Yellowstone County. 4 R23-____ Approve MOU Related to Public Transportation Services RESOLUTION NO. R23-_____ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING FOR OPERATION AND COST SHARING FOR PUBLIC TRANSPORTATION SERVICES WITH THE ADULT RESOURCE ALLIANCE OF YELLOWSTONE COUNTY. WHEREAS, the City of Laurel (hereinafter “the City”) and Montana and Adult Resource Alliance of Yellowstone County (hereinafter “ARA of YC”) desire to work together to provide public transportation services for residents living within a one-mile radius of the City limits; WHEREAS, the City intends to continue operation of an on-demand service for residents in addition to a regularly scheduled transportation service between the City of Laurel and City of Billings; WHEREAS, the City and ARA of YC desire to avoid duplicating services by coordinating their services and establishing an ongoing process to allow cooperation in the operation of public transportation services; WHEREAS, the City intends to continue operating a public transit system in FY 2023 in cooperation with the ARA of YC to serve residents of the City of Laurel and Yellowstone County; and WHEREAS, the City and ARA of YC believe it to be in both parties’ best interests to execute a Memorandum of Understanding by and between the City and ARA of YC. 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 and ARA of YC, 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. 5 R23-____ Approve MOU Related to Public Transportation Services CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 6 7 8 9 10 11 File Attachments for Item: 3. Resolution - A Resolution Of The City Council Authorizing The Mayor To Accept The Service Order From ClearGov, Inc. And Execute All Related Documents. 12 R23-____ Authorize Service Order and Related Documents with ClearGov, Inc. RESOLUTION NO. R23-_____ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO ACCEPT THE SERVICE ORDER FROM CLEARGOV, INC. AND EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED, by the City Council of the City of Laurel, Montana: Section 1: Approval. The Service Order from ClearGov, Inc. (hereinafter “the ClearGov Service Order”), as well as all other respective agreements related to the performance of the services to be provided by ClearGov, Inc., copies attached hereto and incorporated herein, are hereby approved. Section 2: Execution. The Mayor is hereby given authority to accept the Service Order from ClearGov, Inc., as well as execute all necessary agreements for the provision of services by ClearGov, Inc., as reflected in the documents attached hereto and incorporated herein. Introduced at a regular meeting of the City Council on the ______ day of _____________, 2023 by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana on the ______ day of _____________, 2023. APPROVED by the Mayor on the ______ day of _____________, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 13 R23-____ Authorize Service Order and Related Documents with ClearGov, Inc. APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 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 File Attachments for Item: 4. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute The Agreement Between The City Of Laurel And The Yellowstone Valley Animal Shelter, For The Provision Of Animal Shelter Services. 73 R23-____ Approve Agreement with Yellowstone Valley Animal Shelter RESOLUTION NO. R23-_____ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF LAUREL AND THE YELLOWSTONE VALLEY ANIMAL SHELTER, FOR THE PROVISION OF ANIMAL SHELTER SERVICES. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Agreement by and between the City of Laurel and the Yellowstone Valley Animal Shelter, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Agreement with the Yellowstone Valley Animal Shelter on behalf of the City of Laurel. Introduced at a regular meeting of the City Council on the _____ day of _________________, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of _________________, 2023. APPROVED by the Mayor the _____ day of _________________, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: _______________________________ Michele L. Braukmann, Civil City Attorney 74 CONTRACT FOR SERVICES This Agreement is made this 24th day of January, 2023, between the City of Laurel, Montana ("City"), and Yellowstone Valley Animal Shelter, Billings, Montana ("Contractor"). City and Contractor, in consideration of the material covenants set forth in this Agreement, agree as follows: 1. 2. TERM: This Agreement is effective as of the date of its execution and will begin on July 1, 2023 and terminate on June 30, 2024. The parties may extend this Agreement, by mutual concurrence, for four (4) additional one-year periods, in writing, prior to termination of each term. SCOPE OF WORK: Contractor shall provide the following services: a.Dog Impounds: Contractor agrees to admit and accept responsibility for the care and custody of all dogs impounded at the Contractor facility by personnel of the City and within the City boundaries, subject to the limitations set forth in this Agreement. The Contractor agrees to take reasonable care of such dogs in a manner consistent with good standard practices of animal shelters to include, but not be limited to, providing proper food, water and shelter. 1.It is understood that City has a facility to keep dogs for a 72-hour hold period. Under the terms of this Agreement, City may bring dogs to Contractor for veterinary treatment for illness or injury during this 72-hour hold period. If Contractor determines that such dogs require any vaccinations or other treatment in order to protect the greater population of animals, the Contractor may administer such treatment. 11.All dogs not reclaimed by an owner within City's 72-hour hold period shall become the property of the Contractor. Additionally, all dogs brought to Contractor's facility by the City beyond the City's 72-hour period shall become the property of the Contractor. m.Payment of all boarding fees and surgery costs shall initially be the responsibility of the animal owner. If the dog is not reclaimed within 72 hours, Contractor will notify the City and the dog will be placed for adoption and the unpaid boarding fees and surgery costs shall then be borne by the City. 1v. Any dog impounded for rabies quarantine will be held 10 days from the time of the bite or whatever time is required by the Yellowstone County Health Department, whichever is longer. The City may authorize an earlier release to the owner. No dog will be released from quarantine without a signed Rabies Quarantine Release Form that is provided by the City. PAGE l OF7 75 76 77 78 79 80 81 82 File Attachments for Item: 5. Resolution - A Resolution Of The City Council Authorizing The Mayor To Accept The Proposal From In Control, Inc. For City Of Laurel Wastewater Treatment Plant Upgrades And Execute All Related Documents. 83 R23-____ Authorize Proposal for WWTP Upgrades RESOLUTION NO. R23-_____ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO ACCEPT THE PROPOSAL FROM IN CONTROL, INC. FOR CITY OF LAUREL WASTEWATER TREATMENT PLANT UPGRADES AND EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED, by the City Council of the City of Laurel, Montana: Section 1: Approval. The Proposal (Proposal # QP22121201-06) from In Control, Inc. (hereinafter “the WWTP Upgrade Proposal”), as well as all other respective agreements related to the performance of the services to be provided by In Control, Inc., copies attached hereto and incorporated herein, are hereby approved. Section 2: Execution. The Mayor is hereby given authority to accept the WWTP Upgrade Proposal, as well as execute all necessary agreements for the provision of services by In Control, Inc., as reflected in the documents attached hereto and incorporated herein. Introduced at a regular meeting of the City Council on the ______ day of _____________, 2023 by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana on the ______ day of _____________, 2023. APPROVED by the Mayor on the ______ day of _____________, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 84 R23-____ Authorize Proposal for WWTP Upgrades APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 85 86 87 88 89 90 File Attachments for Item: 6. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Advanced Pump And Equipment, Inc. 91 R23-____ Approve Independent Contractor Service Contract by and between the City of Laurel and Advanced Pump and Equipment RESOLUTION NO. R23-_____ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH ADVANCED PUMP AND EQUIPMENT, INC. 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 Advanced Pump and Equipment, Inc., 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 Advanced Pump and Equipment, Inc. on behalf of the City. Introduced at a regular meeting of the City Council on the _____ day of February, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of February, 2023. APPROVED by the Mayor the _____ day of February, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 92 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 14 day of February 2023, 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 Advanced Pump & Equipment, Inc., a contractor licensed to conduct business in the State of Montana, whose address is 81 Gold Miner Lane, Unit A, Belgrade, MT 59714, 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 January 12, 2023, 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 eighteen thousand seven hundred and fifty dollars and thirty six cents ($18,750.36) 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 - 93 Page 2 of 5 contracts in any dealings between Contractor and any third parties. The City is interested solel y 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 de fects 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. 94 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 harml ess 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. 95 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. 96 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 14th DAY OF FEBRUARY 2023. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor Advanced Pump & Equipment, Inc. ATTEST: Employer Identification Number ___________________________________ __________________________ Kelly Strecker, Clerk/Treasurer 97 98 99 File Attachments for Item: 7. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An Amendment To Task Order For The Water System Preliminary Engineering Report With KLJ Engineering, LLC. 100 R23-____ Approve Amendment to Task Order for Water System PER RESOLUTION NO. R23-_____ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO TASK ORDER FOR THE WATER SYSTEM PRELIMINARY ENGINEERING REPORT WITH KLJ ENGINEERING, LLC. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Amendment to Task Order for the Water System Preliminary Engineering Report (PER) (hereinafter “Amendment to Task Order for Water System PER”), by and between the City of Laurel and Engineer KLJ Engineering, LLC, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Amendment to Task Order for the Water System PER, by and between the City of Laurel and Engineer KLJ Engineering, LLC, on behalf of the City. Introduced at a regular meeting of the City Council on the _____ day of February, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of February, 2023. APPROVED by the Mayor the _____ day of February, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ 101 R23-____ Approve Amendment to Task Order for Water System PER Michele L. Braukmann, Civil City Attorney 102 Exhibit K – Amendment to Task Order EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services – Task Order Edition dated 2/9/21. Amendment To Task Order: Water System PER 1. Background Data: a. Effective Date of Task Order: February 9, 2021 b. Owner: City of Laurel c. Engineer: KLJ Engineering LLC d. Specific Project: Water System Preliminary Engineering Report (PER) 2. Description of Modifications a. Engineer shall perform the following Additional Services: Revising engineering analysis of the water system and draft PER, following initial preparation of these items, as a result of receiving flow data and financial information after scheduled time for completion of deliverables as specified in initial Task Order. 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: [NA] c. The responsibilities of Owner with respect to the Task Order are modified as follows: [NA] d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: $7,500. e. The schedule for rendering services under this Task Order is modified as follows: Anticipated Completion Date is February 28, 2023 f. Other portions of the Task Order (including previous amendments, if any) are modified as follows: [NA] 3. Task Order Summary (Reference only) a. Original Task Order amount: $54,000 b. Net change for prior amendments: $0 c. This amendment amount: $7,500 d. Adjusted Task Order amount: $61,500 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. 103 Exhibit K – Amendment to Task Order EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 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 12/7/2022. OWNER: ENGINEER: KLJ Engineering LLC By: By: Title: Title: Date Signed: Date Signed: 104 File Attachments for Item: 8. Resolution - A Resolution Of The City Council Authorizing The Mayor To Consent To Assignment Of Agreement By And Between Exxon Mobil Pipeline Company LLC And Par Pacific Holdings, Inc. 105 R23-____ Authorize Consent of Assignment By and Between ExxonMobil and Par RESOLUTION NO. R23-_____ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO CONSENT TO ASSIGNMENT OF AGREEMENT BY AND BETWEEN EXXONMOBIL PIPELINE COMPANY LLC AND PAR PACIFIC HOLDINGS, INC. WHEREAS, ExxonMobil Pipeline Company LLC (hereinafter “ExxonMobil”) and Par Pacific Holdings, Inc. (hereinafter “Par”) have entered into a Sale and Purchase Agreement (hereinafter “the SPA”), dated October 19, 2022, regarding the sale and purchase of certain ExxonMobil assets located in Montana, from ExxonMobil to Par; WHEREAS, as part of the transaction contemplated by the SPA, ExxonMobil desires to assign to Par various holdings, including the right, title, and/or interest in and to the Right of Way Grant between ExxonMobil as Grantee, and the City of Laurel as Grantor, dated August 16, 2011, and recorded in the County Records of Yellowstone County as Document No. 3596013 on August 22, 2011 (hereinafter “the Agreement”); WHEREAS, under the terms of the Agreement, the City of Laurel’s written consent is required in order to assign the Agreement by and between ExxonMobil and Par; WHEREAS, ExxonMobil has requested the City’s written consent to assign, indirectly or directly, all of ExxonMobil’s and or its predecessor or affiliate companies’ rights and obligations, as more particularly described in the SPA; WHEREAS, the City’s rights and obligations related to the Right of Way Grant are not affected by or otherwise altered by the assignment of the rights and obligations under the SPA; and WHEREAS, the City is agreeable to the assignment of its rights and obligations related to the Right of Way Grant and it reserves all of its concomitant rights and obligations. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel, Montana that the City hereby gives consent to the assignment, indirectly or directly, of ExxonMobil’s and or its predecessor or affiliate companies’ rights and obligations, as more particularly described in the SPA, from ExxonMobil to Par, and the Mayor is authorized to execute all legal documents related thereto. Introduced at a regular meeting of the City Council on the ______ day of ____________________, 2023 by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana on the ______ day of _____________, 2023. APPROVED by the Mayor on the ______ day of ____________________, 2023. 106 R23-____ Authorize Consent of Assignment By and Between ExxonMobil and Par CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 107 108 109