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City Council Packet 09.26.2023
AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 26, 2023 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R23-81 NEXT ORD. NO. O23-03 WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will attend the Laurel City Council meetings often . Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approval of Minutes of September 5, 2023. 2. Approval of Minutes of September 12, 2023. Correspondence 3. Beartooth RC&D Correspondence Council Disclosure of Ex Parte Communications Public Hearing 4. Ordinance O23-03: An Ordinance Amending Sections 13.01.010 (Adoption) And 13.01.020 (Updated References) Of The Laurel Municipal Code Related To The Adoption Of The International Fire Code. Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 5. Claims entered through September 22, 2023. 6. Approval of Payroll Register for retro pay totaling $20914.69. 7. Approval of Payroll Register for PPE 9/17/2023 totaling $ 228,945.03. 8. Council Workshop Minutes of September 5, 2023. 9. Council Workshop Minutes of September 19, 2023. Ceremonial Calendar Reports of Boards and Commissions 1 10. Budget/Finance Committee Minutes of September 12, 2023. 11. Tree Board Minutes of August 3, 2023. 12. Tree Board Minutes of September 7, 2023. 13. Park Board Minutes of September 7, 2023. 14. Public Works Committee Minutes of July 17, 2023. 15. Public Works Committee Minutes of August 21, 2023. 16. Public Works Committee Minutes of September 18, 2023. 17. Emergency Services Committee Minutes of August 28, 2023. Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 18. Appointment of Ryland Ratcliff to the Laurel Police Department. 19. Resolution No. R23-81: A Resolution Of The City Council Authorizing The Mayor To Execute The Task Order And All Related Documents For The 5th-7th Avenue Sewer Line Replacement By And Between The City Of Laurel And KLJ Engineering, Inc. 20. Ordinance O23-03: An Ordinance Amending Sections 13.01.010 (Adoption) And 13.01.020 (Updated References) Of The Laurel Municipal Code Related To The Adoption Of The International Fire Code. Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding commun ity announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any known disability that may interfere with a pe rson’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 2 File Attachments for Item: 1. Approval of Minutes of September 5, 2023. 3 4 5 6 7 8 File Attachments for Item: 2. Approval of Minutes of September 12, 2023. 9 10 11 12 13 14 15 File Attachments for Item: 3. Beartooth RC&D Correspondence 16 Beartooth RC&D Area, Inc. Board of Director’s Meeting Agenda Meeting 1:00 P.M. Thursday, September 21, 2023 Roberts Fire Hall Conference Room 3 South 1st Street Roberts, MT 1:00 pm 2:30 PM Meeting Called to Order Pledge of Allegiance, Introduction of Members and Guests Review Board Minutes Congressional Updates Josiah Porcel (Sen. Tester) Tory Kolkhorst (Sen. Daines) Emily Schneller (Rep. Rosendale) Treasurer/Financial Reports 1. Treasurer Update 2. RC&D Financials 3. RLF Financials 4. RMAP Resolution for USDA-IRP EPA Policy Updates Staff Reports – Program/Project updates 1. Food/Ag Program – Joel Bertolino 2. Revolving Loan Fund – Nan Knight 3. Economic Development/ CRDC – Jacy Head 4. Operations Support- Myrna Lastusky Regional Roundup – News and updates from regional members on projects and activities in key CEDS categories…. (see topics on next page) Next Beartooth RC&D Area, Inc. Board of Directors Meeting November 23rd, 2023- Big Timber/ Columbus, MT Adjourn Chair Chair, All Chair, All Hauge/Knight Knight Head Bertolino Knight Head Lastusky Roe et al Action Information Information Action Action Information Action Action Information Information Information Information Information Information 17 Page 2 Regional Roundup CEDS SWOT Our goals for the Roundup are to find out what’s happening in the area, keep the conversations focused, inform the others attending the meeting, and to tie it all back to and reinforce the importance of the CEDS. Please help us identify the projects in their area that fit into our CEDS categories: Infrastructure Housing Transportation Broadband Economy Upturns or downturns in industry sectors New business openings (or closures) Communication Marketing and outreach Services Health care Natural Resources Agriculture Energy Human Capital Workforce Education NOTES: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Beartooth RC&D 18 Page 3 Beartooth RC&D Area, Inc. Board of Director’s Meeting MINUTES July 20, 2023 12:30 1:00 pm 2:30 PM Lunch Meeting Called to Order Pledge of Allegiance, Introduction of Members and Guests Review Board Minutes Congressional Updates Josiah Porcel (Sen. Tester) Tory Kolkhorst (Sen. Daines) Emily Schneller (Rep. Rosendale) Treasurer/Financial Reports 5. Treasurer Update 6. RC&D Financials 7. RLF Financials 8. RMAP Staff Reports – Program/Project updates 5. Food/Ag Program – Joel Bertolino 6. Revolving Loan Fund – Nan Knight 7. Economic Development/ CRDC – Jacy Head 8. Operations Support- Myrna Lastusky Regional Roundup – News and updates from regional members on projects and activities in key CEDS categories…. (see topics on next page) Next Beartooth RC&D Area, Inc. Board of Directors Meeting September 21st, 2023- Red Lodge, MT Adjourn Chair Chair, All Chair, All Hauge/Knight Bertolino Knight Head Lastusky Roe et al Action Information Information Action Action Information Information Information Information Information Information Information 19 Page 4 Beartooth RC&D Board Meeting Minutes July 20, 2023 – 12:30 pm Beartooth RC&D Members Present: Joel Bertolino, BRCD Nan Knight, BRCD Jacy Head, BRCD Myrna Lastusky, BRCD Brent Moore, City of Red Lodge Dan Lowe, Big Horn Conservation District Commissioner Don Jones, Yellowstone County Commissioner Scott Miller, Carbon County Tina Toyne, Big Horn County / City of Hardin Bob Van Oosten, Stillwater Conservation District Ryan VanBallegooyen, Billings Job Service Commissioner Melanie Roe, Sweet Grass County Stephanie Ray, Stillwater County Bonnie Gray, City of Joliet Lorene Hintz, BSED Kayla Vokral, SBA Danny Choriki, Billings City Council Tory Kolkhorst, Sen. Daines’ Office Emily Schneller, Rep. Rosendale’s Office Jeff McDowell, Two Rivers Authority Kaylyn Roberts, Sen. Tester’s Office Guests: Representative Kerri Seekins-Crowe, State of Montana 12:30 Board Appreciation Luncheon Meeting Called to Order: Chair VanBallegooyen called the meeting to order. Pledge of Allegiance, Introduction of Members and Guests MT Rep. Kerri Seekins-Crowe represents District 21. Review March Board Minutes (Action): Scott Miller motioned to approve the minutes, Danny Choriki seconded. Motion carried. Congressional Updates: Kaylyn Roberts (Sen. Tester) – Kaylyn’s emailed updates o Senator Tester recently had a bill signed into law to Approve Veterans Construction Projects at Fort Harrison VA. This was a part of the Fiscal Year 2023 Major Medical Facility Authorization Act. o Senator Tester secured $780,000 to support Montana’s wildland fire management and operational response. The funding will be coming from Tester’s bipartisan Infrastructure Investment and Jobs Act (IIJA). This will include funding for special pay supplements, 20 Page 5 training for wildland firefights, collaborative fuels management, and burned area rehabilitation activities. o During the train derailment, Region Field Director Josiah Porcel went and toured the train derailment. o Senator Tester secured $7 million for Carbon County Flood Recovery, to replace three bridges, listed below, which were all washed out due to the flood. $2,567,760.89 to replace the Meeteetse Trail Bridge $2,276,429.77 to replace the East Side Bridge South $2,091,977.33 to replace the East Side Bridge North o Senator Tester recently announced to offer a bipartisan amendment to the must-pass defense bill to assess the Chinese spy balloon threat and use of American technology. Tory Kolkhorst (Sen. Daines) o Sen. Daines is calling for passage of the largest reform bill in decades to streamline the permitting process and increase tribal engagement. Crow Tribe is a supporter. o Bi-partisan bill to settle final Indian Water Rights settlement (Fort Belknap Indian Water Rights Act). Don asked if the Fort Belknap Act included Salish and Kootenai. Tory said that one has already been dealt with. o Amendments to NDAA to bolster national security/support MT service members. o Working to make the pay raise for wildland firefighters permanent. o Support Governor Gianforte’s efforts to address low water levels in Flathead Lake. o Montana Sportsmen Conservation Act: Better forest management, public access, improve conservation of public land. o Sanction Chinese companies and those responsible for spy balloon. o Approves recent SCOTUS decisions – ended student loan bailout and removing racial discrimination from college admissions. o Different rules from EPA that would shut down baseload fuel-powered plants in U.S. – Senator is fighting against that. Emily Schneller (Rep. Rosendale) o Rep. Rosendale released Farm Bill priorities survey. You can access it on his website. o EPA rule – Congressman released comments on that as well as BLM conservation rule. o Visited train derailment site 2 weeks ago – still pulling asphalt out of river. o Grizzly legislation – not much movement. Passed committee a couple months ago. More and more clear how necessary it is with all the griz movement in new areas. Lorene asked what they think is causing it? Growing in number and moving to new locations. They were endangered for so long that their comeback has far surpassed goal numbers. o Next month – Congress in recess, so Rep. Rosendale will be in the state quite a bit. Treasurer/Financial Reports: Nan Knight (RC&D Financials / RLF Financials / RMAP) (Action) Working with Carbon County Meats on a grant and a loan. Potentially seeking new IRP loan fund. The next round to submit is September 30th. It will involve requesting that the board raise the maximum loan amount from $250K to $400K. Submitted another SSBCI from a start-up in Yellowstone. Closed on 1 loan in Yellowstone and will be closing one in Big Horn County next month. 21 Page 6 Also working with potential new owners of the Y-Stop in Roberts – a mercantile/restaurant/ possible gas station/campground. Ryan reminded everyone that the -$32,344 at the bottom of p. 17 is simply due to the pass-through funds. Brent asked if the fiscal year is Jan-Dec – yes. What is savings account for? For things that come up like car repair, etc. to have some money on hand for Beartooth incidentals. Melanie Roe moved to accept RC&D and RLF financials as presented. Scott Miller seconded. Motion carried. RMAP (Rural Microentrepreneur Assistance Program): Working out great. Up to $50K microloans to loan in rural communities. Closed on first one last month in Worden. On top of the loan money, there is a technical assistance grant that we can utilize to provide assistance, training, etc. to small businesses. o We were awarded $12,500 in TA money this year that BRCD can provide or contract out to provide the needed training. Staff Reports – Program/Project Updates Joel Bertolino, Food & Ag Director 2-year cycle for FADC funding. Participated in a RFP process in the State, went to Great Falls for a review of those proposals. Nan went with Joel. Were awarded $120K for 2 years. Collaborating with MMEC and SBDC. Send clients back and forth with them. VAPG o S-Ranch Meats – helped apply for $250K grant to expand their business. o Oswald Meats – reapplied for $250K this year; narrowly missed it last year. GTA o Speedy & Flo’s Sweet Corn – Tina and Myrna were part of that application. o J&D Meats – also interested in a RMAP loan. o Yellowstone Pasta – former chef at Jake’s who is developing a fresh pasta business; he is interested in applying. Pretty unique business. Kayla said you can find his pasta at Town and Country in Billings. o Undammed Distilling – will help with a grant this fall. Fertilizer grant - $2 million grant was turned down. They will still proceed with expansion. Greycliff Mill: Last fall had finished cheese-making area. Also have pizza making, flour mill, sewing, Air BnB (silo rental), apple orchard . . . Recently visited Wild Bison Ranch outside Belfry; brought along Lane Gobbs on that visit. CTAP Lead Service Line program – trying to get the ball rolling. Last week they said they’ll be sending info out in the next couple weeks. o Mel asked if the DOC is competing with us for the money? Joel said we are the only EDD that applied for the funds; mostly engineering firms applied. He said they are likely to make some revisions on it. o Brent said Interstate was selected. They have a website up, and a community can apply for assistance. Interstate will provide the TA to those who need it. Nan said yes, Beartooth can’t provide some of the actual lead service line work, but we can help with public outreach and other technical assistance. 22 Page 7 Jacy Head, Economic Development Director Working to complete BSTF feasibility study for Stillwater County Industrial Park – needs to be completed by September. RCDI grants are moving forward with Tina Toyne and Angela Getchell. o Working on housing entity with Angela and Carbon County. Submitting many reports this month o Both RCDI quarterly reports o CRDC quarterly report o EDA PPG – questionnaire to evaluate what we are doing o BSTF Q2 report Helping Hands Food Bank is moving forward – Draft Phase 2 report should be done by Aug. 2. Petroleum release/contamination was identified and are deciding next steps. Rocky Fork Inn – another Brownfields site in Red Lodge that took a beating from the flood. Working with City Planner Courtney Long to do some assessments there – structural assessment, and if it is deemed structurally-unsound, will assess while demo happens. Hope to turn into a greenspace. Beartooth received $460,000 Brownfields Assessment Grant. Award date doesn’t start until Oct. 1, but Jacy is working on all the paperwork. QEP, QAPPs, etc. to complete. Jacy will attend EPA Brownfields Conference in Detroit in Aug – expenditure covered by grant. EIG EDA Case Study on Poverty was finally approved and released – covers the poverty in Big Horn County and the impacts of it. o EIG asked Jacy to be a panelist to the IEDC conference in Dallas in September & are providing funding for her to attend. Myrna Lastusky, Operations Support: Montana Community Foundation $15,000 grant – we have disbursed almost all of the funds to businesses and organizations throughout the region. Lot of great projects happening. Wrote grant request to Sibanye-Stillwater Mine to fund a Meeting Owl for meetings that have both Zoom and in-person. Sibanye granted us $1500, which is almost half of the needed funds. Wrote grant apps to Town Pump and Walmart Community Foundation, also, and we are awaiting word on those. Checked into First Interstate Bank’s grant program, but they have allocated all their funds for this year. Created a Success Board in the office to celebrate some of the great things happening at BRCD. Beki Brandborg of GL Development has asked for a LOS for Mitchell Court, their new project in Billings. It is right next to the south side Jackson Court affordable housing they just completed. If others are willing to write LOS, let Myrna know. Regional Roundup: Commissioner Scott Miller, Carbon County: Over July 4th, Red Lodge rodeo kicked off new bleachers. Record 7,000 people the first night, then 6,000, then 7,000. They are the 55th PRCA ranking of rodeos. Some drama with Airport Board and City of Red Lodge. Should be resolved very soon. Commissioners are working with the City Council. Bridger: Gas station/truck stop being built. Will have a restaurant. Broke ground a few days ago. Where the old Maverik used to be. More jobs coming to Bridger. Made it past June 13th without any disasters! 23 Page 8 Commissioner Don Jones, Yellowstone County: Metra will be done with infrastructure work by time of fair. o Air Show is the same weekend as the fair – busy place! o New general manager shows up Aug. 7th. Still in budget – final numbers will come in September. Don commented on the 7,000 number of Red Lodge rodeo – very impressive Coke plant is coming along pretty well. o Kayla: More and more of the pop-up walls. Several other huge buildings coming up that will be storage. o Danny: On the other side of I-90 is another Atlanta firm. Coke will be a bottling plant; the other one will be a transfer station for trucks. Pacific Steel and Recycling: building a landfill out on 89 (Shepherd-Acton Road). They have a lot of “fluff” that comes out, and it’s cheaper for them to build their own landfill. Tina Toyne, Big Horn County/City of Hardin Economic Development Director: Traveled a LOT in April, May, June. Little Big Horn Days at end of June. Had rodeo first night, but the 2nd night the road washed out, had some flooding. Hailstorm in Hardin that left a lot of damage. Native Days – part of grandstand collapsed. Good downtown celebration for July 4th. Working with J&D Meats and S-Ranch to provide different grant opportunities. Brenda Maas from Visit SE MT and Tina visited J&D Meats. Participated in talks with Crow tribal members for Big Sky Passenger Rail Authority. Good discussion. Hope to move forward in their collaboration to bring back BSPRA. City of Hardin & Tina applied for TA from HUD and were awarded participation in that. Lodge Grass IGA is up for sale. Looking at a co-op option and met with MCDC, but the next day one of the owners said there is a possible buyer. Hoping for that! Waiting to hear back on the GTA grant for Speedy and Flo’s Sweet Corn. Lorene Hintz, SBDC Director: Work with BSTF-Job Creation. Got the last one funded, and it will be the last since the program is ending. PTAC has secured $230 million in funding for different businesses. They are very busy helping businesses that work with government contracting. o K: The air show that is coming is part of Navy Week, which is a great opportunity for PTAC. Aug. 9th there are different trainings and then many agencies coming for people who want to contract with military/government. If you have anyone who could do this, they should sign up. Kinda like speed dating. The Rec Center is hopefully getting on the ballot. Many seniors in City of Billings who realize taxes are going to go up, but it’s important for bringing business to town, etc. Every year one SBDC counselor is voted in as State Star. Last year Lorene received it, and this year Kayla did. Hooray! Kayla Vokral, SBDC Business Advisor: Big Sky EDA awarded a $1 million Brownfield grant. 24 Page 9 Lorene and Kayla are very busy. Their year is Jan-Dec, and so far this year 6 businesses have started and they have helped clients receive $4.6 million in funds. Rock31 – launched first barista in incubator space. Full capacity at office. 58 paying members, plus shared workspace members daily. o Tory asked what the waiting list is like for workspace? Kayla: the shared ones turn over occasionally, but the private offices don’t turn over very often. No time limits on how long someone can rent it. Can also do virtual mailbox option, book conference rooms, etc. Lorene said a lot of businesses are using the conference spaces; full almost every day! Used RLF funds to purchase a salon in Laurel. Partnered with Beartooth on a food truck loan. New marketing manager with BSED. Rocky Vista Medical school opening was last week. Rep. Kerri Seekins-Crow, MT District 21: For anyone interested in workforce development, our team is working on welding programs, re-entry with prisons, better hand-offs, and CDLs – trying to figure out how to do a better job in finding workforce. Commissioner Melanie Roe, Sweet Grass County: If you haven’t commented yet on Sibanye-Stillwater– deadline is Aug. 9th. If the amendment to their Environmental Impact Statement is not approved, they won’t be able to continue operating past 2025. o Melanie will send Myrna the info for anyone who is willing to make public comment and/or send LOS. If they don’t get the permit, mining will cease in 2025, which would be a huge hit to the entire state’s economy. Sweet Grass Fest in June. Weekly PRCA rodeo won’t be held anymore. It was a struggle to get it all to work. Doing an airport expansion. Lot of jet air traffic and hope to make parking area bigger. Frosty Freeze/Coffees is doing very well. A few places to eat breakfast now, but finding help is still an issue. Most of the campgrounds are open now. Fair is next week. Stephanie Ray, Stillwater County Director of Community & Economic Development: Train derailment – cleanup and rebuilding has gone pretty quickly. Fair week in Stillwater. New Civic Center. $8 million facility can be used for weddings and other events. Will host Brewfest, Montana Silver Smith anniversary, fairs, etc. Can compete on pulling business into Stillwater. Meadery coming to Stillwater County in a month – Honey Mead tasting room. Courthouse project for ADA compliance. Beaver Creek windfarm. Park City stormwater program. New gravel pit. Most public assistance projects from the flood are completed. Finish wastewater project in Absarokee. Law & Justice Center is shovel-ready. Road to Mine is now open. 25 Page 10 Site selected for Industrial Park – hope to see additional business recruitment. Bob VanOosten, Stillwater Conservation District: Interesting year with the flooding. Received grant from NRCS for EWP money – about $7 million. Also running it in Carbon. 310 inspections. Many people building expensive cabins right on the edge of the Stillwater River, so when flooding happens, this is an issue. Federal flood insurance only covers a small portion. Repeated flooding has made the river very volatile. There will be a lot of changes in the next few years. Received $3 million through Forest Service for road repair, bridge repair, and work to keep a creek in. Jeff McDowell, Two Rivers Authority: No report; Tina covered it well. Danny Choriki, Billings City Council: Family Justice Alliance is doing a study on how to implement a Family Justice Center in Billings. For people dealing with domestic violence, this will be easier to navigate. Will hopefully free up resources for preventing the cycle of violence. City approved half-million dollars to study/implement a mobile city jail specifically for those awaiting arraignment in municipal court. The Parks Bond passed the next-to-last step. Approved staff to write the language for the bond; when that comes back, it’s the final step. $2 million pledged by Par Montana. Increase of bed tax to be used for maintenance of rec center. NADC bought the Shrine. In August they will announce plans for moving Indian Healthcare Clinic there. That will fill it to 50%. Downtown Housing group has decided to focus on property between Billings Gazette and up to 6th Avenue. One thing they want to add is housing. Adding residential between the medical corridor and downtown will connect the two and bring in professionals. City approved recycling cardboard starting this fall. If anyone wants to create a co-op to bring the Pickle Barrel back to Billings, let Danny know! He loves what the MCDC is doing – great way for Montanans to invest in MT and keep money in MT. Brent Moore, Interstate Engineering / City of Red Lodge: We have 2-year term mayors. Some are advocating for a City Manager form of government (in regards to earlier discussion on Red Lodge). Large storm water project going now. The pool has been a great addition. Also offer swim lessons for kids. Pea cannery was bought by a NYC artist who is renovating it for his own studio. Thanks to Beartooth for funding some of the past studies on that. County has 3 bridges under construction right now. County had $6.8 million obligated toward those. East Rosebud – temporary bridge is being put in to regain access. County and Interstate were there because they applied for a grant to help with that. There were 40 grant apps, and one reviewer said they were ranked #1. Hoping to have that award for Carbon County to fix the road from Roscoe up to East Rosebud. Edie Vogel (Not present but sent her updates), Yellowstone Conservation District 26 Page 11 Our new website is live and we invite you to check it out: yellowstoneconservationdistrict.org We recently applied for a dept. of Ag grant for eradicating woody species on Cove Ditch in Yellowstone and Stillwater Counties. We were unsuccessful in getting funded, as the dept. decided to focus on river corridors, but will look to another grant source in the near future to keep the project going. Lobbyist Ray Beck worked to get $250,000 in funding for woody invasives, successful applicants included Yellowstone Co. Weed District, Musselshell co. and City of Billings. My role at YCD is working on developing an expanded Education program with resources available to schools/organizations for conservation education. We are looking forward to applying for some grants and creating these new outreach opportunities for YCD. As always, we have had a very busy season with 310 permits/opportunities that the board is working on. A new Aquatic Invasive Species cleaning station has been implemented at Lake Elmo. Exciting news at Lake Elmo! A CD3 watercraft cleaning station is in place at the boat ramp. This waterless cleaning station provides users the tools they need to clean, drain, and dry their watercraft to prevent the spread of aquatic invasive species. And, it is FREE to use! The cleaning station was graciously donated to FWP from Yellowstone Conservation District. Check it out next time you’re out paddling at Lake Elmo. For more information on the cleaning station, visit: https://www.cd3systems.com/ Next Beartooth RC&D Board Meeting: September 21, 2023 in Red Lodge Meeting adjourned at 2:33 pm. 27 Page 12 Revolving Loan Fund Books- June 2023 Loan Client Review County # of loans $ Loaned out Big Horn 2 $179,141.23 Stillwater 1 $146,389.89 Yellowstone 11 $762,637.95 Carbon 3 $223,589.35 Sweet Grass 2 $151,525.49 Total: 19 $1,463,283.91 one RMAP approved and funded in Yellowstone county, Two more in the pipeline. Roberts Café funded with SSBCI, working on another for a start-up business. loan in Hardin will close in August. Looking at applying for another IRP in September with board approval. Bank Balances as of June 30, 2023 Total available for lending Bank of Joliet- RMAP $ 150,059.18 $ 150,059.18 $300,000 (still waiting to be drawn down) Bank of Joliet – RMAP LOAN LOSS $ 10,645.87 $ 0.00 Bank of Joliet-CDBG $ 111,604.95 $ 46,604.95 Bank of Joliet- IRP $ 187,079.36 $ 147,079.36 Bank of Joliet-Fromberg $ 31,406.21 $ 31,406.21 FIB – SSBCI 2.0 $ 148,618.00 $ 0.00 Available: $ 375,149.70 28 Page 13 Beartooth 2023 Budget 2023 Income 2023 Budget Actual AG -FOOD AND AG CENTER 45,000 22,471 Specialty Crop Block 35,000 8,372 BOARD - EDA SPONSOR DUES 56,979 43,399 BOARD-INTEREST INCOME 400 BOARD-FOUNDATION MONEY 3,300 3,641 RLF-STAFF REIMBURSE 15,000 RLF-ORIG FEES 5,000 500 CRDC 71,000 49,505 EDA - GRANT 70,000 35,000 BSTF ADMIN $ 4,000 RCDI ( Big Horn) 2,500 2,863 RCDI (Red Lodge) 4,000 205 Pass- Through 35,599 312,179 201,555 Expenses for 2023 TOTAL STAFF EXPENSE 244,441 120,291 COMMUNICATIONS 7,000 3,692 EQUIPMENT & VEHICLE 6,000 2,696 CONTRACTUAL 25,000 90,664 SUPPLIES 7,000 1,814 TRAVEL 7,500 3,034 OTHER 11,500 11,707 EXPENSE TOTAL 308,441 233,898 -32,344 Statement Ending: 06/30/2023 Checking Account: $76,085.17 Savings Account: $65,073.30 Building Account: $4,488.53 29 Page 14 Revolving Loan Fund Books- August 2023 Loan Client Review County # of loans $ Loaned out Big Horn 2 $176,832.99 Stillwater 1 $144,938.45 Yellowstone 12 $891,049.76 Carbon 3 $370,629.62 Sweet Grass 2 $148,235.77 Total: 20 $1,731,686.59 One Yellowstone county loan paid off. One new SSBCI loan in Yellowstone county for a start-up business. loan in Hardin moved to October for closing. Looking to applying for another IRP in September with board approval. Bank Balances as of August 31, 2023 Total available for lending Bank of Joliet- RMAP $ 150,728.49 $ 150,728.49 $300,000 (still waiting to be drawn down) Bank of Joliet – RMAP LOAN LOSS $ 2,500.00 $ 0.00 Bank of Joliet EDA $ 8,627.73 $ 8,627.73 Bank of Joliet-CDBG $ 69,232.95 $ 69,232.95 Bank of Joliet- IRP $ 198,388.94 $ 92,888.94 Bank of Joliet-Fromberg $ 31,406.21 $ 31,406.21 Available: $ 352.884.32 Restricted Accounts Principal amounts paid back FIB – SSBCI 2.0 $ 148,621.00 $ 508.23 BOJ- SSBCI 2.0 $ 79,651.50 30 Page 15 Beartooth 2023 Budget 2023 Income 2023 Budget Actual AG -FOOD AND AG CENTER 45,000 33,706 Specialty Crop Block 35,000 25,116 BOARD - EDA SPONSOR DUES 56,979 43,382 BOARD-INTEREST INCOME 400 419 BOARD-FOUNDATION MONEY 3,300 3,641 RLF-STAFF REIMBURSE 15,000 RLF-ORIG FEES 5,000 2,093 CRDC 71,000 67,466 EDA - GRANT 70,000 55,000 BSTF ADMIN $ 4,000 RCDI ( Big Horn) 2,500 3,810 RCDI (Red Lodge) 4,000 1,125 Pass- Through 71,078 312,179 306,836 Expenses for 2023 TOTAL STAFF EXPENSE 244,441 160,807 COMMUNICATIONS 7,000 4,829 EQUIPMENT & VEHICLE 6,000 3,326 CONTRACTUAL 25,000 108,924 SUPPLIES 7,000 1,862 TRAVEL 7,500 3,243 OTHER 11,500 7,951 EXPENSE TOTAL 308,441 290,942 15,893 Statement Ending: 08/31/2023 Checking Account: $95,505.51 Savings Account: $65,073.30 Building Account: $4,488.53 31 Page 16 Beartooth RC&D Staff Project Updates September 2023 FOOD AND AG DEVELOPMENT CENTER PROJECTS Beartooth FADC Beartooth FADC activities have September 6th for a face to face meeting with Department of Ag staff to discuss some changes to the GTA grant program and potential funding through their new Resilient Food Infrastructures Program and a grant that was put together by the State Department of Ag for fund ing technical assistance for the USDA Rural Energy for America program. Growth Through Ag Projects and USDA Projects Beartooth FADC has worked with several businesses on Growth Through Ag and USDA VAPG grants some of these will have an opportunity to be granted funding and we will continue to assist them in completing their business expansion projects. – S Ranch Meats Location- Custer, MT Contact- Hannah Knutson S ranch meats is a family owned and operated beef business. The ranch operates a 6000 he ad ranch and developed a USDA meat processing plant in Hardin, MT. They have developed their own line of packaged meats sold at local restaurants and through Facebook and word of mouth marketing. Beartooth FADC has been worked with USDA VAPG specialists to assist the business in applying for $250,000.00 in operating funds to expand their direct to consumer branded beef business. They have not been selected for the funding this round. Oswald Farms Location- Joliet, MT Contact- Melissa Oswald Oswald Farms operates a generational ag operation that raises cattle feeds them, has them processed at a local USDA plant and sells their own branded beef products to local restaurants and locally through Facebook. They have developed their own retail location to sel l their meat products and other local foods and it is located near the intersection of highway 310 and 312 both heavily traveled roads. Beartooth FADC has been working with USDA personnel with the business to apply for a Value Added Producer Grant for $250,000.00 to expand their direct to consumer beef business. Oswald Farms application has been selected for funding these operating funds will help them grow their direct beef sales business and their new retail store. Speedy and Flo’s Sweet Corn 32 Page 17 Location- Hardin, MT Contact-Flo Ramirez Beartooth FADC worked with Tina Toyne of Big Horn County Economic Development to assist Flo Ramirez and his wife. They started growing fresh produce and sweet corn for local sales over ten years ago on a one-and-a-half-acre garden plot. Their business has grown and they now raise 25 acres of sweet corn and have a 4-acre garden, they sell all of their fresh produce at locations in Hardin, several in Billings, Joliet, Miles City and Absarokee as well as in northern W yoming. Beartooth FADC and Tina Toyne assisted them on developing a GTA Marketing Development Assistance Grant for custom made bags for their fresh produce that will have their logo and Facebook information for their customers. The application for GTA marketing assistance was successful and they are interested in developing another application this fall. J&D Meats Contact- Jon Schneider Location- Hardin, MT Beartooth FADC was invited by Tina Toyne of Big Horn County Economic Development to visit with J&D Meats a small meat processing operation that has a retail front selling fresh meats and lunches in Hardin. The business was purchased in 2021 after years of operating as Buds Catering and has been refurbished. The business is looking to continue to grow and is interested in the USDA RMAP micro entrepreneur funding through our revolving loan funding. Beartooth will work with Tina Toyne to set up a time to visit further about the RMAP funding. Yellowstone Pasta Location- Billings, MT Contact-Henry Kennah Henry is a former chef for Jakes in Billings that started making fresh pasta using Montana hard red durum wheat. He was referred to us by our partners Kayla and Lorene at SBDC who are assisting him with business planning. Beartooth FADC met with Henry and discussed his equipment needs for expanding his business and the Growth Through Ag grant and loan program. He is reviewing the guidelines and plans on working with Beartooth FADC on an application in October. Undammed Distilling Location-Billings, MT Contact- Allen Hodges Allen Hodges started Undammed Distilling in Billings approximately two years ago and utilizes Montana ingredients in his spirits, he is looking to expand his business. Beartooth FADC met with him to discuss the Growth Through Ag funding opportunity for equipment and hope to assist him with an application this fall. 33 Page 18 Beartooth staff has been in communication with Greycliff mill in Big Timber to discuss funding sources for their value added ag operation. The value added business mills local grains used in the breads that are served at their restaurant and coffee shop, they plan to use local milk to make a line of cheeses and grow sweet corn, beans, apples and berries which will be utilized to be sold fresh and in jams. On Going Projects Montana Prime Meats Contact- Lamont Herman Location- Big Horn County and Billings, MT Beartooth FADC assisted Montana Prime Meats with the development of a GTA grant in 2021 and have continued to follow up with the business, they opened a retail outlet to sell their beef and lamb products raised on the Herman Ranch in Big Horn County and it has developed a following. They ae now looking for funding to expand their offerings to include fresh cuts of Beef and Lamb. Beartooth Staff visited their business to discuss the potential use of the RMAP funding for their expansion project. Beartooth FADC continues to work with Lamont on his business expansion. 34 Page 19 Yellowstone Valley Farm Contact-Reuben Stahl Location-Laurel Reuben Stahl has a family greenhouse business growing basil and selling to FSA and Sysco, he would like to add another greenhouse to keep up with increased demand this last year. Beartooth staff visited Yellowstone Valley Farms and discussed the Rural Energy for America Program for funding to improve the energy efficiency of his greenhouse operations to lower the businesses energy bills. Beartooth RC&D will be assisting Reuben with developing a GTA grant and possibly a USDA REAP application for his greenhouse expansion. Primitive Meats Contact- Kelsey Grice Location- Worden, MT Kelsey Grice and her husband are looking for funding assistance through the GTA grant to help them with construction costs and equipment for their start up meat processing business. This Business also applied for an ARPA Value Added Ag Grant, Beartooth FADC put the business in contact with a local engineering firm to discuss the plans for their plant. Their application was approved for $150,000.00, Beartooth FADC has been in contact with the owners now plan to start construction of their plant this summer or fall. 35 Page 20 Becky’s Berries- Absarokee, MT Contact- Becky Stahl Location-Absarokee Beartooth FADC has been assisting Becky with locating specialized assistance in recipe development for a new line of products she is currently working on. They have now completed their recipes for a line of mustards and we are now helping them on developing a process for filling and packaging the products. Beartooth FADC has worked with MMEC to get resources to visit Becky to talk about the equipment and design for implementing this new process. Beartooth FADC Outreach -Helping Hands Food Bank and Community Garden- Hardin, MT - Special K Ranch - Columbus, MT - Yellowstone Valley Farms- Laurel, MT -Oswald Farms – Rockvale, MT 36 Page 21 9/21/2023 Economic Development/ CRDC / EDA PPG / EPA Brownfields o BSTF- this will be changed to the Montana Growth Fund; program guidelines are being updated and changed too Stillwater County Industrial/Business Park Feasibility Study – another project extension has been requested to MT DOC, awaiting approval o USDA BHC RCDI Grant – training continues with Tina Toyne o USDA RLACF RCDI Grant- training and communication continues with Angela Getchell; recent meeting with USDA Director, Steve Troendle, regarding the grant’s scope of work and its eligibility o Next reporting period will include: -USDA RCDI Quarter reports (2)- will be submitted in October 2023 -CRDC Quarter report- will be submitted in October 2023 -EDA Partnership Planning Grant report- questionnaire completed with Myrna -BSTF Quarter report- will be submitted at the end of October 2023 o Helping Hands Food Bank in Hardin- Phase II will be revised based on EPA’s comment, then presented to DEQ and EPA again for a quick review o Former Rocky Fork Inn site in Red Lodge- Structural assessment occurred on August 30th; the inspection occurred on the 31st; the Phase I assessment was conducted on September 8th. o Community-Wide Brownfield Assessment Grant- attended the Brownfields Conference in Detroit (Aug. 8-11th); working through the Pre-Award Compliance Review of Beartooth RC&D and updating policies and procedures to comply with EPA’s standards o EIG/EDA case study for Big Horn County- speaking at IEDC Conference in Dallas (Sept. 17- 20th) on EIG’s panel regarding this study; the panel session will be covering advancing economic development in persistent-poverty areas o MCF-MT Disaster Recovery Fund grant- majority of funds distributed; Myrna can give a better update on recipients and amounts awarded o DOC-Business Attraction – attending monthly check-in meetings o EDA Economic Recovery Corps Program- applied to this program but we were not selected o Home Buyer Course in Red Lodge- on Sept. 16th at 122 Hauser Avenue South (RLACF); 9am-4pm; Enrollment fee: $50; Contact: Angela Getchell; phone: (406)202-2238 o Additional Clients that were worked with: One Health Red Lodge Fire Rescue Foundation Don Kinney Sandstone School Cow Camp BBQ & Mercantile Little Big Horn Camp Moore Industries 37 Page 22 Frequently Used Acronyms BIA – Bureau of Indian Affairs BLM – Bureau of Land Management BRCD – Beartooth RC&D BSEDA – Big Sky Economic Development Association BSTF – Big Sky Trust Fund CDBG – Community Development Block Grant CRDC – Certified Regional Development Corporation CEDS – Comprehensive Economic Development Strategy CTEP – Community Transportation Endowment Program EDA – Economic Development Administration EDD – Economic Development District FADC- Food and Ag Development Center GIS – Geographic Information Systems GPS – Global Positioning System GTA- Growth Through Ag Grant and Loan HOME – Montana Home Investment Partnerships Program HUD – US Department of Housing and Urban Development IRP – Intermediary Relending Program LESA – Land Evaluation Site Assessment MBOI – Montana Board of Investments MDOA- Montana Department of Agriculture MDOC – Montana Department of Commerce MDOL – Montana Dept. of Labor MDOT – Montana Dept. of Transportation MDFWP – Montana Dept. of Fish, Wildlife and Parks MEDA – Montana Economic Developers Association MMEC- Montana Manufacturing Extension Center NADO – National Association of Development Organizations NHS – Neighborhood Housing Services NRCS – Natural Resource Conservation Service RBDG – Rural Business Development Grant RC&D – Resource Conservation & Development RCDI – Rural Community Development Initiative RD – Rural Development (a division of USDA) RCPP- Regional Conservation Partnership Program REAP- Rural Energy for America Program RLF – Revolving Loan Fund RMAP- Rural Micro entrepreneur Assistance Program SBA – Small Business Administration SBDC – Small business Development Center SSBCI- State Small Business Credit Initiative TIFD – Tax Increment Finance District TSEP - Treasure State Endowment Program USDA – United States Department of Agriculture USFS – United States Forest Service LSL- Lead Service Lines 38 File Attachments for Item: 8. Council Workshop Minutes of September 5, 2023. 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 File Attachments for Item: 9. Council Workshop Minutes of September 19, 2023. 70 71 72 73 74 75 76 77 78 File Attachments for Item: 10. Budget/Finance Committee Minutes of September 12, 2023. 79 80 81 File Attachments for Item: 11. Tree Board Minutes of August 3, 2023. 82 83 File Attachments for Item: 12. Tree Board Minutes of September 7, 2023. 84 85 86 File Attachments for Item: 13. Park Board Minutes of September 7, 2023. 87 88 89 File Attachments for Item: 14. Public Works Committee Minutes of July 17, 2023. 90 91 File Attachments for Item: 15. Public Works Committee Minutes of August 21, 2023. 92 93 94 File Attachments for Item: 16. Public Works Committee Minutes of September 18, 2023. 95 96 97 98 99 100 101 File Attachments for Item: 17. Emergency Services Committee Minutes of August 28, 2023. 102 103 104 105 106 107 File Attachments for Item: 19. Resolution No. R23-81: A Resolution Of The City Council Authorizing The Mayor To Execute The Task Order And All Related Documents For The 5th-7th Avenue Sewer Line Replacement By And Between The City Of Laurel And KLJ Engineering, Inc. 108 R23-81 Approve Task Order for 5th-7th Avenue Sewer Line Replacement RESOLUTION NO. R23-81 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE TASK ORDER AND ALL RELATED DOCUMENTS FOR THE 5TH- 7TH AVENUE SEWER LINE REPLACEMENT BY AND BETWEEN THE CITY OF LAUREL AND KLJ ENGINEERING, INC. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Task Order and all related documents, by and between the City of Laurel and KLJ Engineering, Inc., for the 5th-7th Avenue Sewer Line Replacement, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Task Order and all related documents, by and between the City of Laurel and KLJ Engineering, Inc. Introduced at a regular meeting of the City Council on the 26th day of September 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel on the 26th day of September 2023. APPROVED by the Mayor on the 26th day of September 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 109 Task Order Form – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 Task Order: 5th – 7th Sewer Line Replacement In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services – Task Order Edition, dated December 5, 2017 ("Agreement"), as amended by Amendment No. 1 dated October 13, 2020, Owner and Engineer agree as follows: 1.Background Data A.Effective Date of Task Order: September 12, 2023 B.Owner: City of Laurel C.Engineer: KLJ Engineering, Inc D.Specific Project (title): 5th – 7th Sewer Line Replacement E.Project Description: This project consists of the refurbishment of an 8” sewer line between 7th Avenue and 6th Avenue and a 10” sewer line between 6th Avenue and 5th Avenue in the alley way between 1st Street and Main Street in Laurel, Montana. The existing sewer line experienced several collapses last year and has approximately 363 lineal feet of 8” and 383 lineal feet of 10” and will include the update of 3 manholes and associated surface replacement. 2.Services of Engineer A.The specific services to be provided or furnished by Engineer under this Task Order are: Set forth in Part 1—Basic Services of Exhibit A, “Engineer’s Services for Task Order,” modified for this specific Task Order, and attached to and incorporated as part of this Task Order. B.Resident Project Representative (RPR) Services – See Exhibit D C.Designing to a Construction Cost Limit – Not Used D.Other Services – Not Used E.All of the services included above comprise Basic Services for purposes of Engineer’s compensation under this Task Order. 3.Additional Services that may be authorized or necessary under this Task Order are: Set forth as Additional Services in Part 2—Additional Services, of Exhibit A, “Engineer’s Services for Task Order,” modified for this specific Task Order, and attached to and incorporated as part of this Task Order. 4.Owner's Responsibilities A.Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: •Pay the cost of any review fees imposed by agencies having jurisdiction over the project. •Coordinate with stakeholders to evaluate access and traffic control considerations. This is a Task Order for KLJ Project No. 2304-01231 5th – 7th Sewer Line Replacement, consisting of 3 pages, plus attachments. 110 Task Order Form – 5th – 7th Sewer Line Replacement 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 •Perform all duties (including legal and bond counsel) related to creating a special improvement district not identified in Engineer’s Basic Services below. 5.Task Order Schedule A.In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: •Owner desires to have construction occur March 1st, 2024 and October 1st, 2024. Engineer will plan the project to accommodate these dates, barring delays from SID creation, weather or other unexpected circumstances. •Owner will provide review comments, in writing, to Engineer for any draft deliverables submitted by Engineer. Owner will provide comments within 10-days of receipt from Engineer. Owner acknowledges delays in review/response may extend the final schedule. •Engineer shall provide periodic updates to Owner on the anticipated completion schedule, throughout the duration of the project. 6.Payments to Engineer A.Owner shall pay Engineer for services rendered under this Task Order as follows: Description of Service Amount Basis of Compensation 1. Basic Services:, Design and Bidding Phases (A1.01-A1.05)$ 47,460 Direct Labor 2. Basic Services: Construction and Post-Construction Phase (A1.06-A1.07)* $ 48,340 Direct Labor TOTAL COMPENSATION $ 95,800 3. Additional Services (Part 2 of Exhibit A)(N/A)Direct Labor *Based on a 1-month continuous construction period. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B.The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 111 Task Order Form – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 7.Consultants retained as of the Effective Date of the Task Order: None 8.Other Modifications to Agreement and Exhibits: None 9.Attachments: Exhibit A — Engineer’s Services for Task Order 10.Other Documents Incorporated by Reference: December 5, 2017 Agreement between Owner and Engineer for Professional Services, Task Order Edition October 13, 2020 Amendment to Engineer-Owner Agreement, Amendment No. 1. 11.Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is September 12th, 2023. OWNER: City of Laurel By: Print Name: Dave Waggoner Title: Mayor DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Matt Wheeler Title: Director of Public Works PO Box 10 ENGINEER: KLJ Engineering, Inc By: Print Name: Mark Anderson Title: Vice-President Engineer License or Firm’s Certificate No. (if required): PEL-EF-LIC-37 State of: Montana DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Ryan Welsh Title: Sr. Project Engineer PO Box 80303 Address: Laurel, MT 59044 E-Mail Address: E-Mail Billings, MT 59108 Address: mwheeler@laurel.mt.gov Phone: 406-628-4796 Address: ryan.welsh@kIjeng.com Phone: 406-245-5499 112 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT A, consisting of 14 pages, referred to in and part of the Task Order dated September 12th , 2023. Engineer's Services for Task Order: 5th – 7th Sewer Line Replacement PART 1—BASIC SERVICES A1.01 Project Management A. Tasks below apply to the entire Task Order. 1. Organize and facilitate kick-off meetings (one each) with Owner and Engineer’s project teams to confirm roles, responsibilities and expectations for completing the project. 2. Provide project management services consisting of creating a work breakdown structure and detailed project schedule, creating and implementing a project management plan, facilitating weekly progress meetings and team coordination, reviewing time and expenses and generating monthly invoices, providing monthly status updates to Owner, and provide oversight of the day- to-day Project activities. 3. Attend one (1) unscheduled meetings as needed to coordinate with Owner or other stakeholders. A1.02 Topography and Boundary Survey: A. Provide right-of-way and parcel ownership research and mapping. Research property boundaries based on plats and certificates of survey obtained from public records. The right-of-way survey is projected to include ties only to readily identifiable property corners in order to allow survey maps on each side to be computed and attached to the base drawing. This procedure is anticipated to be sufficiently accurate to reasonably determine the existing right-of-way and decide if right-of-way acquisition should be evaluated in greater detail. If acquisition is necessary, subject properties likely will require individual surveys and lot lines verified, the work associated with which is not included in this scope of work and will be addressed as Additional Services. B. Topographic and Design Surveys – Complete and furnish preliminary ground survey of project limits to include site contours, existing surface features, and above- and below-ground utilities. Topographic survey will generally be bounded within right-of-way limits, and occasionally beyond as needed to verify grades, adjacent features, and structures. The topographic survey will be accomplished by conventional survey methods. Primary control points will be established as Montana NAD83 (2010) geodetic control data. Prior to beginning topographic data collection, a level network will be run through all control points and tied to the vertical datum. As topographic data is collected an ongoing QC-QA process will verify all data and make sure pertinent features are included on the map. C. Base Drawing Preparation – Create a base drawing depicting calculated parcel boundaries, topographic survey data, and record drawings provided by Owner and other utility owners. 113 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement 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 D. Engineer’s fee assumes that the above work will occur during a period when snow is not present at the Site. Deliverable: Topographic Base Map Owner provides: known utility locations and tv/video of sewer main described. A1.03 Preliminary Engineering A. Consult with Owner to define and clarify Owner’s requirements for the Specific Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations, and identify available data, information, reports, facilities plans, and site evaluations. B. Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer additional Specific Project-related data and information, for Engineer’s use in the study and evaluation of potential solution(s) to Owner’s Specific Project requirements, and preparation of a related report. C. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Specific Project to be designed or specified by Engineer. D. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Specific Project. The extent of Engineer’s design tasks that will be reflected in Drawings and Specifications, will include the following components: 1. Sewer Main Design a. Design the refurbishment of the sewer line that runs underneath the alley way between 1st Street and Main Street from 5th Avenue to 7th Avenue. b. Detail Drawings – Provide detail drawings of water and sewer main and other supplemental design information required for construction. 2. The project will be confined to existing right-of-way limits. However, existing fences, landscaping, retaining walls and similar features may be disturbed by construction. Since the extent of potential impacts is undetermined, the scope of work does not include design of repairing or replacing adjacent private property features. If required, Engineer would provide related work as Additional Services upon Owner’s authorization. 3. The following tasks are also included in Engineer’s scope of services as part of the Preliminary Design Phase. a. Coordinate with affected private utility owners (power, gas, phone, etc.), and evaluate if existing or potential conflicts necessitate utility relocation. If required, facilitate one (1) preliminary utility coordination meeting with Owner and other utility owners. Provide a written summation of utility owners comments. Completing a Subsurface Utility Engineering (SUE) survey is not included in this scope of work. 4. Based on the information contained in the Preliminary Design Phase documents, prepare an opinion of probable construction cost, and assist Owner in tabulating the various cost categories which comprise Total Project Costs. 5. Obtain and review Owner’s instructions regarding Owner’s procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for 114 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 proposals, as applicable), Owner’s construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner’s bidding-related documents (or requests for proposals or other construction procurement documents), and Construction Contract Documents. Also obtain and review copies of Owner’s design and construction standards, Owner’s standard forms, general conditions (if other than EJCDC® C-700), supplementary conditions, text, and related documents or content for Engineer to include in the draft bidding-related documents (or requests for proposals or other construction procurement documents), and in the draft Construction Contract Documents, when applicable. 6. Furnish two (2) review copies of the Preliminary Design Phase documents, opinion of probable construction cost, and any other Preliminary Design Phase deliverables to Owner, and review them with Owner. 7. Visit the Site as needed to assist in preparing the Preliminary Design Phase documents and to review with Owner. Up to two (2) combined Site visits or Owner meetings are included in the Preliminary Design Phase tasks. E. Engineer’s services under the Preliminary Design Phase will be considered complete on the date when Engineer has delivered to Owner the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables. Engineer’s fee is based on completing the Preliminary Design Phase services above one time; multiple iterations will be provided as Additional Services. Engineer will not proceed with Final Design Phase without Owner’s acceptance of Preliminary Design Phase documents, opinion of probable construction cost, and any other Preliminary Design Phase deliverables that may affect the scope of the Project. F. Preliminary Engineering Deliverables: 1. Preliminary Sewer Plan and Profile Drawings 2. Preliminary Detail Sheets for sewer 3. Opinion of probable construction cost 4. Preliminary Construction Agreement Documents Based on the EJCDC C-700 Contract. A1.04 Final Design Phase A. As Basic Services, Engineer shall: 1. On the basis of the above acceptance, direction, and authorization, and after receiving Owner’s written review comments, prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Engineer’s fee is based on completing the Final Design Phase services described below one time; multiple iterations will be provided as Additional Services. 3. Visit the Site as needed to assist in preparing the final Drawings and Specifications and to review with Owner. Up to one (1) combined Site visit or Owner meeting is included in the Final Design Phase tasks. 115 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 4. Provide technical criteria, written descriptions, and design data for Owner’s use in filing applications for permits from the Montana Department of Environmental Quality. Additional permitting is not anticipated. 5. Advise Owner of any recommended adjustments to the opinion of probable construction cost. 6. In addition to preparing the final Drawings and Specifications, assemble drafts of other Construction Contract Documents based on specific instructions and contract forms, text, or content received from Owner. 7. Prepare or assemble draft bidding-related documents (or requests for proposals or other construction procurement documents), based on the specific bidding or procurement-related instructions and forms, text, or content received from Owner. 8. Furnish for review by Owner, its legal counsel, and other advisors, three (3) copies of the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables, and review them with Owner. 9. Revise the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables in accordance with comments and instructions from the Owner, as appropriate, and submit the required number of final copies of such documents to Owner after receipt of Owner’s comments and instructions. B. Engineer’s services under the Final Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications, other assembled Construction Contract Documents, bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables. C. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer’s compensation has been established under this Task Order is one. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Task Order. D. Final Engineering Deliverables: 1. Final plans for Bidding 2. Final construction Contract Documents for Bidding 3. Completed MDEQ application. A1.05 Bidding or Negotiating Phase A. As Basic Services, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work, assist Owner in issuing assembled design, contract, and bidding-related documents (or requests for proposals or other construction procurement documents) to prospective contractors, and, where applicable, maintain a record of prospective contractors to which documents have been issued, attend pre- bid conferences, if any, and receive and process contractor deposits or charges for the issued documents. 2. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued documents. 116 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 3. Consult with Owner as to the qualifications of prospective contractors. 4. If the issued documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by prospective contractors, provided that such proposals are allowed by the bidding-related documents (or requests for proposals or other construction procurement documents) prior to award of contracts for the Work. Services under this paragraph are subject to the provisions of Paragraph A2.01.B.2 of this Exhibit A. 5. Attend the bid opening, prepare bid tabulation sheets to meet Owner’s schedule, evaluate bids and provide a recommendation of award (if applicable), and assist Owner in assembling final contracts for the Work for execution by Owner and Contractor and in issuing notices of award of such contracts. 6. If Owner engages in negotiations with bidders or proposers, assisting Owner with respect to technical and engineering issues that arise during the negotiations will be provided subject to the provisions of Paragraph A2.01.B.2 of this Exhibit A. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors. C. Deliverables: 1. Bid Tab 2. Conformed Contract Documents 3. Addenda, If required. 4. Notice of Award Recommendation Letter A1.06 Construction Phase A. As Basic Services, Engineer shall: 1.General Administration of Construction Contract: Consult with Owner and act as Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer shall be as assigned in EJCDC® C-700, Standard General Conditions of the Construction Contract (the Edition of which is to coincide with the current Montana Public Works Standard Specifications in effect at the time of a specific Task Order), prepared by the Engineers Joint Contract Documents Committee, or other construction general conditions specified in the Agreement. If Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of Engineer in the Construction Contract, or modify other terms of the Construction Contract having a direct bearing on Engineer, then Owner shall compensate Engineer for any related increases in the cost to provide Construction Phase services. Engineer shall not be required to furnish or perform services contrary to Engineer’s responsibilities as a licensed professional. All of Owner’s instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2.Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth in Exhibit D of the Master Services Agreement, which is 117 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 hereby incorporated by reference. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s responsibilities or authority except as expressly set forth in Exhibit D. 3. It is anticipated that 240 hours of on-site RPR time will be sufficient to provide necessary construction observation through substantial completion, based on a recommended construction contract not to exceed 42 calendar days. RPR hours beyond this estimate are Additional Services and would require written authorization prior to proceeding. Construction observation time resulting from Contractor working outside of normal work hours, as will be defined in the contract documents will be paid by Owner to Engineer and then deducted from the Contractor’s payment. 4.Selection of Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform the quality assurance testing, if needed. 5.Pre-Construction Conference: Facilitate a pre-construction conference prior to commencement of Work at the Site. 6.Electronic Transmittal Protocols: If the Construction Contract Documents do not specify protocols for the transmittal of Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, then together with Owner and Contractor jointly develop such protocols for transmittals between and among Owner, Contractor, and Engineer during the Construction Phase and Post-Construction Phase. 7.Original Documents: If requested by Owner to do so, maintain and safeguard during the Construction Phase at least one original printed record version of the Construction Contract Documents, including Drawings and Specifications signed and sealed by Engineer and other design professionals in accordance with applicable Laws and Regulations. Throughout the Construction Phase, make such original printed record version of the Construction Contract Documents available to Contractor and Owner for review. 8.Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 9.Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer’s judgment are necessary to enable Contractor to proceed. Provide construction surveys and staking to enable Contractor to perform its work. The total number of Engineer’s survey crew project site mobilizations included in the tasks above is one. Contractor will be responsible for all construction surveys not listed below; staking requests in addition to the specific items listed below or in excess of the budgeted number of mobilizations will be provided as Additional Services. Re-staking of previously completed work due to no fault of Engineer will be provided as Additional Services. Staking shall be provided for: a. Establish horizontal and vertical control – verify and reestablish horizontal and vertical coordinates of control required for construction staking. Set new control at a frequency suitable for construction during surveyor’s initial mobilization for the below. b. Sanitary sewer main and manholes – stake manholes and appurtenances 10.Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: 118 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. It is anticipated that one (1) Site visit per week, by the Engineer, will be sufficient for the Engineer to adequately observe and gauge the progress and performance of the Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement, this Task Order, and the Construction Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer’s visits to the Site, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Construction Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Construction Contract Documents. Engineer shall not, during such visits or as a result of such observations of the Work, supervise, direct, or have control over the Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to any Constructor’s work in progress, for the coordination of the Constructors’ work or schedules, nor for any failure of any Constructor to comply with Laws and Regulations applicable to furnishing and performing of its work. Accordingly, Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s failure to furnish or perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. 11.Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work is defective under the terms and standards set forth in the Construction Contract Documents. Provide recommendations to Owner regarding whether Contractor should correct such Work or remove and replace such Work, or whether Owner should consider accepting such Work as provided in the Construction Contract Documents. 12.Compatibility with Design Concept: If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Construction Contract Documents is nonetheless not compatible with the design concept of the completed Project as a functioning whole, then inform Owner of such incompatibility, and provide recommendations for addressing such Work. 13.Clarifications and Interpretations: Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents (sometimes 119 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 referred to as requests for information or interpretation—RFIs) or relating to the acceptability of the Work under the Construction Contract Documents. With reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction Contract Documents. 14.Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes in the Work. 15.Change Orders and Work Change Directives: Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. Services related to additional design or construction review associated with Change Orders and Work Change Directives are not included and would be provided as Additional Services. 16.Differing Site Conditions: Respond to any notice from Contractor of differing site conditions, including conditions relating to underground facilities such as utilities, and hazardous environmental conditions. Promptly conduct reviews, obtain information, and prepare findings, conclusions, and recommendations for Owner’s use, subject to the limitations and responsibilities under the Agreement and the Construction Contract. 17.Non-reviewable matters: If a submitted matter in question concerns the Engineer’s performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (1) the performance or acceptability of the Work under the Construction Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation. 18.Shop Drawings, Samples, and Other Submittals: Review and approve or take other appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals, but only for conformance with the information given in the Construction Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor’s submittal schedule that Engineer has accepted. 19.Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.01.B of this Exhibit A. 20.Inspections and Tests: a. Receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Construction Contract Documents. Engineer’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Construction Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Construction Contract Documents. Engineer shall be entitled to rely on the results of such inspections and tests. b. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. 120 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 c. Pursuant to the terms of the Construction Contract, require additional inspections or testing of the Work, whether or not the Work is fabricated, installed, or completed. 21.Change Proposals and Claims: (a) Review and respond to Contractor’s proposed changes to Work. Review each duly submitted change proposal from Contractor and, within 30 days after receipt of the Contractor’s supporting data, either deny the change proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If the change proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the change proposal. (b) Provide information or data to Owner regarding engineering or technical matters pertaining to Claims. 22.Applications for Payment: Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Recommend reductions in payment (set-offs) based on the provisions for set-offs stated in the Construction Contract. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Construction Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Construction Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). b. By recommending payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement or this Task Order. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work, or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the money paid to Contractor by Owner; to determine that title to any portion of the Work, including materials or equipment, has passed to Owner free and clear of any liens, claims, security interests, or encumbrances; or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 121 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 23.Contractor’s Completion Documents: Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Construction Contract Documents, certificates of inspection, tests and approvals, and Shop Drawings, Samples, and other data approved as provided under Paragraph A1.05.A.19. Receive from Contractor, review, and transmit to Owner the annotated record documents which are to be assembled by Contractor in accordance with the Construction Contract Documents to obtain final payment. The extent of Engineer’s review of record documents shall be to check that Contractor has submitted all pages. 24.Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Site to review the Work and determine the status of completion. Follow the procedures in the Construction Contract regarding the preliminary certificate of Substantial Completion, punch list of items to be completed, Owner’s objections, notice to Contractor, and issuance of a final certificate of Substantial Completion. Assist Owner regarding any remaining engineering or technical matters affecting Owner’s use or occupancy of the Work following Substantial Completion. 25.Final Notice of Acceptability of the Work: Conduct a final visit to the specific Project to determine if the Work is complete and acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice to Owner and Contractor (“Notice of Acceptability of Work”) (also available as a construction form, EJCDC® C-626 (2013)) that the Work is acceptable to the best of Engineer’s knowledge, information, and belief, and based on the extent of the services provided by Engineer under the Agreement and this Task Order. 26.Standards for Certain Construction-Phase Decisions: Engineer will render decisions regarding the requirements of the Construction Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth in the Construction Contract for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. B.Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the specific Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the specific Project involves more than one prime contract, then Construction Phase services may be rendered at different times in respect to the separate contracts. In such cases, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the final Construction Contract under the Task Order. A1.07 Post-Construction Phase A. Upon written authorization from Owner during the Post-Construction Phase, as Basic Services, Engineer shall: 1. Together with Owner, visit the Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair 122 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. 2. Together with Owner, visit the Project within one month before the end of the Construction Contract’s correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by Contractor. 3. Prepare and submit to Owner and DEQ, each, one set of record drawings, showing all construction modifications to the original design. B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract’s correction period. C. Commissioning Phase – Not Included D. Other Services – Not Included E. The scope of this phase will be developed following Final Design and included by amendment. A1.08 Commissioning Phase—Not Included A1.09 Other Services—Not Included PART 2—ADDITIONAL SERVICES A2.01 Additional Services Requiring an Amendment to Task Order A.Advance Written Authorization Required: During performance under a Task Order, Owner may authorize Engineer in writing to furnish or obtain from others Additional Services of the types listed below. Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services, using the basis of compensation for Additional Services, as indicated in the specific Task Order. 1. This Task Order contains specific information regarding tasks, number of iterations, and deliverables to be provided by Engineer. In addition to those specifically identified herein, the following list, which is not intended to be exclusive, summarizes other exclusions. a. Boundary surveys or establishing survey monuments b. Traffic analyses c. Public or private utility analyses, modeling or design, other than water system rehabilitation identified above. d. Design of drainage improvements. e. Structural design f. Landscape design g. Right-of-way or permanent easement acquisition services h. 3-D or artistic renderings 123 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 2. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Specific Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Specific Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Specific Project. 3. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 4. Services resulting from significant changes in the scope, extent, or character of the portions of the Specific Project designed or specified by Engineer, or the Specific Project’s design requirements, including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of the Task Order, requested by Owner, or are due to any other causes beyond Engineer’s control. 5. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to in Paragraph A1.01. 6. Services required as a result of Owner’s providing incomplete or incorrect Specific Project information to Engineer. 7. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review processes. 8. Preparing additional bidding-related documents (or requests for proposals or other construction procurement documents) or Construction Contract Documents for alternate bids or cost estimates requested by Owner for the Work or a portion thereof. 9. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 10. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all Addenda and any amendments negotiated by Owner and Contractor. 11. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. 124 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 12. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtained from Contractor, Owner, utility companies, and other sources; revise and supplement Record Drawings as needed. 13. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, mediation, lien or bond claim, or other legal or administrative proceeding involving the Project. 14. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.05, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 15. Excessive services during any correction period, or with respect to guarantees called for in the Construction Contract (except as agreed to under Basic Services). 16. Provide assistance in responding to the presence of any Constituent of Concern at any Site, in compliance with current Laws and Regulations. 17. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. B.Advance Written Authorization Not Required: Engineer shall advise Owner in advance that Engineer will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services, using the basis of compensation for Additional Services, as indicated in the specific Task Order. 1. Upon request of Owner, attendance at meetings and completing site visits in addition to those identified above. 2. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner. 3. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than “or equal” items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 4. Additional or extended services arising from (a) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (b) emergencies or acts of God endangering the Work, (c) damage to the Work by fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, or (f) default by Contractor. 125 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. 6. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands. 7. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. 8. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, State, or local safety authorities for similar construction sites. 126 MAIN STREET 4T H A V E N U E 5T H A V E N U E W. 1st STREET 6T H A V E N U E 7T H A V E N U E ST1 7T H S T R E E T R E C O N S T R U C T I O N SG REW N 100 0 100 200 SCALE FEET 363' DA T E RE V I S I O N 5T H t o 7 T H A V E . S E W E R L I N E R E P L A C E M E N T SHEET NO . CI T Y O F L A U R E L ISSUE DATE DRAFTED PROJECT NUMBER REVIEWED LA U R E L , M T 2304-01231 08/2023 C KLJ 2020Aug 22, 2023 - 3:21 PM - \\klj-solutions\dfs\Data\Projects\City\MT\Laurel\2304_01231_5th-7thSewerLine Replacement\CAD\BaseFiles\Preliminary Scope of Work.dwg PRELIMINARY - NOT FOR CONSTRUCTION ST 1 383' R&R 8" SANITARY SEWER R&R 10" SANITARY SEWER EX 12" SANITARY SEWER EX 8" SANITARY SEWER EX 8" SANITARY SEWER EX 8" SANITARY SEWER REM & REP EXISTING MANHOLE REM & REP EXISTING MANHOLE REM & REP EXISTING MANHOLE EX 6" AC WATER EX 8" PVC WATER EX 12" PVC WATER EX 12" PVC WATEREX 12" PVC WATER EX 12" PVC WATER EX 42" RCP STORM EX 48" RCP STORM 127 File Attachments for Item: 20. Ordinance O23-03: An Ordinance Amending Sections 13.01.010 (Adoption) And 13.01.020 (Updated References) Of The Laurel Municipal Code Related To The Adoption Of The International Fire Code. 128 Ordinance No. 023-03 Amend Title 13 (Adoption of International Fire Code) ORDINANCE NO. 023-03 AN ORDINANCE AMENDING SECTIONS 13.01.010 (ADOPTION) AND 13.01.020 (UPDATED REFERENCES) OF THE LAUREL MUNICIPAL CODE RELATED TO THE ADOPTION OF THE INTERNATIONAL FIRE CODE. 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 § 13.010.010 and 13.010.020, as noted herein, and hereby recommends the same to the City Council for their full approval. 13.01.010 Adoption. The City of Laurel hereby adopts by reference per MCA 7-5-4202(1) and 7-33- 4208 the International Fire Code, 202112 edition as modified by the Administrative Rules of Montana (ARM) 23.12.601 (1) through (5), and 23.12.603, 23.12.605 as the Ffire Ccode of the Ccity of Laurel. It regulates and governs the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life and property in the occupancy of buildings and premises as herein provided; provides for the issuance of permits and collection of fees therefor; and each and all regulations, provisions, penalties, conditions, and terms of said Ffire Ccode on file in the office of the Laurel City Clerk-Treasurer are hereby referred to, adopted, and made a part hereof, as if fully set out, with the additions, insertions, deletion and changes, if any, set by ordinance. (Ord. No. 008-07, 7-15-08; Admin. Order AO-15-01 § 5, 2-24-2015; Ord. No. O21-01, 1-26-2021) 13.01.020 Updated Rreferences. The International Fire Code, 202112 edition, as published by the International Code Council as referenced in section 13.01.010 of this Cchapter, may be amended by Rresolution or Aadministrative Oorder of the Mmayor. (Ord. No. 008-07, 7-15-08; Admin. Order AO-15-01, § 5, 2-24-2015; Ord. No. O21-01, 1-26-2021) This Ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. 129 Ordinance No. 023-03 Amend Title 13 (Adoption of International Fire Code) Introduced and passed on first reading at a regular meeting of the City Council on the 12th day of September 2023, upon Motion by Council Member Wilke. PASSED and ADOPTED by the Laurel City Council on second reading on the 26th day of September 2023, upon Motion by Council Member _____________________. APPROVED BY THE MAYOR on the 26th day of September 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 130