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HomeMy WebLinkAboutCity Council Packet 01.27.2026 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, JANUARY 27, 2026 6:30 PM COUNCIL CHAMBERS 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. 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 January 13, 2026. Correspondence Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Secti on 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. 2. Claims entered through January 23, 2026. 3. Approval of Payroll Register ending 1/18/2026 totaling $254,217.79. 4. Council Workshop Minutes of January 6, 2026. 5. Council Workshop Minutes of January 20, 2026 Ceremonial Calendar Reports of Boards and Commissions 6. Budget/Finance Committee Minutes of January 13, 2026. 7. Tree/Park Board Minutes of January 8, 2026. 8. Public Works Committee Minutes of December 15, 2025. 9. Laurel Urban Renewal Agency Minutes of January 12, 2026 10. Emergency Services Committee Minutes 11.24.2025 Audience Participation (Three-Minute Limit) 1 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 11. Appointment of Joe Holzwarth to the Tree/Park Board for the remainder of a four-year term ending December 31, 2028. 12. Resolution No. R26-02: A Resolution Of The City Council Authorizing The Removal Of City Council Member Heidi Sparks From All City Accounts, Adding City Council President Thomas J. Canape, And Adding Chief Administrative Officer Kurt Markegard To All Such Accounts. 13. Resolution No. R26-03: A Resolution Of The City Council Of The City Of Laurel, Montana Approving Agreement Between Peaks Planning And Consulting, LLC And The City Of Laurel Related To On-Call Planning Services. 14. Resolution No. R26-04: A Resolution Of The City Council Of The City Of Laurel, Montana Approving Agreement Between KLJ Engineering LLC And The City Of Laurel Related To On-Call Services For Subdivision And Engineering Review Involving Public Works. Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Community Announcements is limited 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 grou ps in which they are involved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must no tify 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. 2 File Attachments for Item: 1. Approval of Minutes of January 13, 2026. 3 4 5 6 7 8 9 10 11 12 13 File Attachments for Item: 4. Council Workshop Minutes of January 6, 2026. 14 15 16 File Attachments for Item: 5. Council Workshop Minutes of January 20, 2026 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 File Attachments for Item: 6. Budget/Finance Committee Minutes of January 13, 2026. 66 67 68 File Attachments for Item: 7. Tree/Park Board Minutes of January 8, 2026. 69 70 File Attachments for Item: 8. Public Works Committee Minutes of December 15, 2025. 71 72 73 File Attachments for Item: 9. Laurel Urban Renewal Agency Minutes of January 12, 2026 74 75 76 File Attachments for Item: 10. Emergency Services Committee Minutes 11.24.2025 77 78 79 80 81 82 83 84 85 86 87 88 89 File Attachments for Item: 11. Appointment of Joe Holzwarth to the Tree/Park Board for the remainder of a four-year term ending December 31, 2028.  90 91 File Attachments for Item: 12. Resolution No. R26-02: A Resolution Of The City Council Authorizing The Removal Of City Council Member Heidi Sparks From All City Accounts, Adding City Council President Thomas J. Canape, And Adding Chief Administrative Officer Kurt Markegard To All Such Accounts. 92 R26-02 Approve Removal of Former Council President Heidi Sparks and Adding City Council President Tom Canape, and adding Chief Administrative Officer Kurt Markegard to All City Accounts RESOLUTION NO. R26-02 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE REMOVAL OF CITY COUNCIL MEMBER HEIDI SPARKS FROM ALL CITY ACCOUNTS, ADDING CITY COUNCIL PRESIDENT THOMAS J. CANAPE, AND ADDING CHIEF ADMINISTRATIVE OFFICER KURT MARKEGARD TO ALL SUCH ACCOUNTS. WHEREAS, City Council Member Heidi Sparks was formerly Council President; and WHEREAS, City Council Member Heidi Sparks is no longer Council President; and WHEREAS, Thomas J. Canape is now City Council President for the City of Laurel; and WHEREAS, Kurt Markegard is now Chief Administrative Officer for the City of Laurel; and WHEREAS, the change in City Council President and the addition of Chief Administrative Officer necessitate that Former Council President Heidi Sparks be removed from all City accounts, while adding City Council President Thomas J. Canape and Chief Administrative Officer Kurt Markegard to all City accounts, effective upon passage of this Resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana that the Mayor is hereby authorized to remove Former Council President Heidi Sparks from all City accounts, and add City Council President Thomas J. Canape, and add Chief Administrative Officer Kurt Markegard to all City accounts. Introduced at a regular meeting of the City Council on the 27th day of January, 2026 by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel the 27th day of January, 2026. APPROVED by the Mayor the 27th day of January, 2026. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor 93 R26-02 Approve Removal of Former Council President Heidi Sparks and Adding City Council President Tom Canape, and adding Chief Administrative Officer Kurt Markegard to All City Accounts ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 94 File Attachments for Item: 13. Resolution No. R26-03: A Resolution Of The City Council Of The City Of Laurel, Montana Approving Agreement Between Peaks Planning And Consulting, LLC And The City Of Laurel Related To On-Call Planning Services. 95 R26-03 Approve Consulting Agreement for Planning Services RESOLUTION NO. R26-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA APPROVING AGREEMENT BETWEEN PEAKS PLANNING AND CONSULTING, LLC AND THE CITY OF LAUREL RELATED TO ON-CALL PLANNING SERVICES. WHEREAS, the City is in need of On-Call Planning Services to assist in performing Planning duties for the City of Laurel; WHEREAS, Peaks Planning and Consulting LLC (hereinafter “Consultant) has proposed a short-term Planning Agreement between the City of Laurel and Consultant from January 28, 2026 to April 30, 2026 (hereinafter “Effective Dates”); and WHEREAS, the conditions and terms of the Consulting Services are described more fully in the attached Consulting Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City approves the Consulting Agreement by and between the City of Laurel (“Owner”) and Peaks Planning and Consulting LLC (“Consultant”). Introduced at a regular meeting of the City Council on the 27th day of January, 2026, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 27th day of January, 2026. APPROVED by the Mayor the 27th day of January, 2026. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 96 R26-03 Approve Consulting Agreement for Planning Services APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 97 AGREEMENT BETWEEN OWNER AND CONSULTANT FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective from January 28, 2026, to April 30, 2026, (“Effective Dates”) between the City of Laurel (“Owner”) and Peaks Planning and Consulting LLC (“Consultant”). Owner’s Project, of which Consultant’s services under this Agreement are a part, is generally identified as follows: On-Call Planning Services (“Project”). Consultant’s services under this Agreement are generally identified as follows: On-Call Planning Services (“Services”). Owner and Consultant further agree as follows: 1.01 Basic Agreement and Period of Service A. Consultant shall provide or furnish the Services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Consultant shall furnish services in addition to those set forth above (“Additional Services”). B. Consultant shall complete its Services within a reasonable period of time. C. If, through no fault of Consultant, such periods of time or dates are changed, or the orderly and continuous progress of Consultant’s Services is impaired, or Consultant’s Services are delayed or suspended, then the time for completion of Consultant’s Services, and the rates and amounts of Consultant’s compensation, shall be adjusted equitably. D. Compensation for all labor, equipment, sub-consultants, and expenses shall not exceed Thirty-five thousand ($35,000.00) dollars. 2.01 Payment Procedures A. Invoices: Consultant shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Consultant for Services, Additional Services, and expenses within 30 days after receipt of Consultant’s invoice, then (1) the amounts due Consultant will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day, and (2) in addition Consultant may, after giving seven days written notice to Owner, suspend Services under this Agreement until Consultant has been paid in full all amounts due for Services, Additional Services, expenses, and other related charges. Owner waives any and all claims against Consultant for any such suspension. B. Payment: As compensation for Consultant providing or furnishing Services and Additional Services, Owner shall pay Consultant as set forth in Paragraphs 2.01, 2.02 (Services), and 2.03 (Additional Services). If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Consultant in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion. 98 2.02 Basis of Payment—Direct Labor, Plus Reimbursables A. Owner shall pay Consultant for Services as follows: 1. An amount equal to Consultant’s Direct Labor Costs as outlined in Exhibit ‘A’ for services of Consultant’s employees engaged in the Project, plus reimbursable expenses. Reimbursable expenses include accommodations, meals plus gratuity associated with work on the Project. 2. Sub-consultants shall be reimbursed at the rate of 100% of actual invoiced costs including reimbursables. Consultant shall not use sub-consultants without prior authorization from Owner. B. The portion of the compensation amount billed monthly for Consultant's Services will be based upon Consultant's estimate of the percentage of the total Services actually completed during the billing period. 2.03 Additional Services: For Additional Services, Owner shall pay Consultant an amount equal to the cumulative hours charged in providing the Additional Services by each class of Consultant’s employees and in accordance with Exhibit ‘A’; plus reimbursement of expenses incurred in connection with providing the Additional Services and Consultant’s consultants’ charges, if any. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement’s terms through no fault of the terminating party. Failure to pay Consultant for its services is a substantial failure to perform and a basis for termination. b. By Consultant: 1) upon seven days written notice if Owner demands that Consultant furnish or perform services contrary to Consultant’s responsibilities as a licensed professional; or 2) upon seven days written notice if the Consultant’s Services are delayed for more than 90 days for reasons beyond Consultant’s control, or as the result of the presence at the Site of undisclosed Constituents of Concern, as set forth in Paragraph 5.01.I. c. Consultant shall have no liability to Owner on account of a termination for cause by Client. d. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 99 2. For convenience, by Owner effective upon Consultant's receipt of written notice from Owner. B. In the event of any termination under Paragraph 3.01, Consultant will be entitled to invoice Owner and to receive full payment for all Services and Additional Services performed or furnished in accordance with this Agreement, plus reimbursement of expenses incurred through the effective date of termination in connection with providing the Services and Additional Services, and Consultant’s consultants’ charges, if any. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Consultant are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Consultant (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Consultant) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Consultant may assign, sublet, or transfer any rights under or interest (including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Consultant to any Constructor, other third- party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Consultant and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional Consulting and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Consultant. Subject to the foregoing standard of care, Consultant and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Consultant or sub-consultants shall not at any time supervise, direct, control, or have authority over any Constructor’s work, nor shall Consultant or sub-consultants have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a Constructor to comply with laws and regulations applicable to such Constructor’s furnishing and performing of its work. Consultant or sub-consultants shall not be responsible for the acts or omissions of any Constructor. C. Consultant or sub-consultants neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s failure to furnish and perform its work. 100 D. Consultant shall not be responsible for any decision made regarding the construction contract requirements, or any application, interpretation, clarification, or modification of the construction contract documents other than those made by Consultant or its consultants. E. Owner shall have all rights and title to the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Consultant of full payment due and owing for all Services and Additional Services relating to preparation of the documents and subject to the following limitations: 1. Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Consultant, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Consultant; 2. any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by consultant, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and sub-consultants; 3. such limited license to Owner shall not create any rights in third parties. F. Owner and Consultant may transmit, and shall accept, 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, in accordance with a mutually agreeable protocol. G. To the fullest extent permitted by law, Owner and Consultant (1) waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, and (2) agree that Consultant’s total liability to Owner under this Agreement shall be limited to $2,000,000 or the total amount of compensation received by Consultant, whichever is greater. H. Neither Party shall be considered to be in default of this Agreement if delays in or failure of performance are due to forces beyond the reasonable control of the nonperforming Party, the effect of which the nonperforming Party could not avoid by the exercise of reasonable diligence. Such forces include, but are not limited to: fire, acts of God, flood, earthquake, storm, lightning, tornados, epidemic, war, riot, civil disturbance, sabotage, strike, work slowdown, or other labor disturbances, judicial restraint, action or inaction of any Government entity in either its sovereign or contractual capacity, quarantine restrictions, freight embargoes, delays in long lead time items and severe weather. Any changes to the terms of this agreement impacted by a Force Majeure event shall be documented in an Amendment to the Agreement. I. The parties acknowledge that Consultant’s Services do not include any services related to unknown or undisclosed Constituents of Concern. If Consultant or any other party encounters, uncovers, or reveals an unknown or undisclosed Constituent of Concern, then Consultant may, at its option and without liability for consequential or any other damages, suspend performance of Services on the portion of the Project affected thereby until such portion of the Project is no longer affected, or terminate this Agreement for cause if it is not practical to continue providing Services. 101 J. Owner and Consultant agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. K. This Agreement is to be governed by the law of the state in which the Project is located. L. Consultant’s Services and Additional Services do not include: (1) serving as a “municipal advisor” for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission; (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances; (3) providing surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements; or (4) providing legal advice or representation. M. Consultant shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Consultant and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Definitions B. Constructor—Any person or entity (not including the Consultant, its employees, agents, representatives, and consultants), performing or supporting construction activities relating to the Project, including but not limited to contractors, subcontractors, suppliers, Owner’s work forces, utility companies, construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them. C. Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, State, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 102 Attachments: Scope of Work IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Dates of which is indicated on page 1. Owner: City of Laurel Montana Consultant: Peaks Planning and Consulting, LLC By: By: Print name: Dave Waggoner Print name: Forrest Sanderson Title: Mayor Title: President Date Signed: Date Signed: Address for Owner’s receipt of notices: Address for Consultant’s receipt of notices: City of Laurel Peaks Planning & Consulting LLC Attn: Dave Waggoner P.O. Box 307 115 West 1st Street Roberts MT 59070 Laurel MT 59044 103 1 This is EXHIBIT A, consisting of [3] pages, referred to in and part of the Agreement between Owner and Consultant for Professional Services dated [January 28, 2026]. Consultant’s Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Consultant shall provide Basic and Additional Services as set forth below. PART 1 – BASIC SERVICES A1.01 Planning Phase A. Consultant shall, in accordance with Locally Adopted Rules and Regulations: 1. Subdivision Review. 2. Site Plan Review. 3. Conditional or Special Review Permits. 4. Variance Requests. 5. Zoning Reviews. 6. Floodplain Review. 7. Other Planning Related Items as deemed appropriate by the Governing Body. 8. Prepare Staff Reports and Recommendations to the Planning Board, Zoning Commission, and Governing Body. PART 2 – ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner’s Written Authorization A. If authorized in writing by Owner, Consultant shall provide Additional Services of the types listed below. These services are not included as part of Basic Services and will be paid for by Owner as indicated in Exhibit C. 1. Preparation of Subdivision Regulations. 2. Preparation of Zoning Regulations. 3. Preparation of Floodplain Regulations or Maps. 4. Revisions or Amendments to Growth policy 5. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to in Paragraph A1.01.A.1 and 2. 6. Services required as a result of Owner’s providing incomplete or incorrect Project information to Consultant. 104 2 7. Providing renderings or models for Owner’s use, including services in support of building information modeling or civil integrated management. 8. Undertaking investigations and studies. 9. Furnishing services of other Consultants for other than Basic Services. 10. Services during out-of-town travel required of Consultant, other than for visits to the Site or Owner’s office as required in Basic Services (Part 1 of Exhibit A). 11. Assistance to Owner in training Owner’s staff. 12. Assistance to Owner in developing systems and procedures for (a) applications for conformance permits, conditional uses, variances and planned unit developments, and (b) related recordkeeping. 13. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, lien or bond claim, or other legal or administrative proceeding involving the Project. 14. Overtime work requiring higher than regular rates. 15. Providing more extensive services required to enable Consultant to issue notices or certifications requested by Owner. 16. Other additional services performed or furnished by Consultant not otherwise provided for in this Agreement. A2.02 Additional Services Not Requiring Owner’s Written Authorization A. Consultant shall advise Owner that Consultant is commencing to perform or furnish the Additional Services of the types listed below. For such Additional Services, Consultant need not request or obtain specific advance written authorization from Owner. Consultant shall cease performing or furnishing such Additional Services upon receipt of written notice to cease from Owner. 1. Services in connection with reviews associated with Administration of Subdivision Regulations, Zoning Regulations, and Floodplain Regulations adopted by Owner. 105 3 Hourly Rate Schedule Peaks Planning LLC The below standard hourly rates are subject to review and adjustment annually as of June 30, 2025. Hourly rates for services effective July 1, 2025. Principal Planner/Owner $175.00 Project Assistant $75.00 Sub-Consultant Actual Cost Plus 15% 106 File Attachments for Item: 14. Resolution No. R26-04: A Resolution Of The City Council Of The City Of Laurel, Montana Approving Agreement Between KLJ Engineering LLC And The City Of Laurel Related To On- Call Services For Subdivision And Engineering Review Involving Public Works. 107 R26-04 Approve Consulting Agreement for Engineering Services RESOLUTION NO. R26-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA APPROVING AGREEMENT BETWEEN KLJ ENGINEERING LLC AND THE CITY OF LAUREL RELATED TO ON-CALL SERVICES FOR SUBDIVISION AND ENGINEERING REVIEW INVOLVING PUBLIC WORKS. WHEREAS, the City is in need of On-Call Engineering Services to assist in performing Engineering duties related to services for subdivision and engineering review involving public works for the City of Laurel; WHEREAS, KLJ Engineering LLC (hereinafter “Consultant) has proposed an Agreement; WHEREAS, the conditions and terms of the Consulting Services are described more fully in the attached Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City approves the Agreement by and between the City of Laurel (“Owner”) and KLJ Engineering LLC (“Consultant”). Introduced at a regular meeting of the City Council on the 27th day of January, 2026, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 27th day of January, 2026. APPROVED by the Mayor the 27th day of January, 2026. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 108 R26-04 Approve Consulting Agreement for Engineering Services APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 109 EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES KLJ Project #:2604-10067 THIS IS AN AGREEMENT effective as of January 28, 2026 between City of Laurel (“Owner”) and KLJ Engineering LLC (“Engineer”). Owner’s Project, of which Engineer’s services under this Agreement are a part, is generally identified as follows: Subdivision and Engineering Review for Public Works On-Call Requests (“Project”). Engineer’s services under this Agreement are generally identified as follows: On-Call services as requested by Owner and tasks defined through written communication. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A.Engineer shall provide or furnish the Services set forth in this Agreement. As requested by Owner. B.Engineer shall complete its Services within the following specific time period: Engineer shall complete its Services by April 30, 2026. C.If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer’s Services is impaired, or Engineer’s Services are delayed or suspended, then the time for completion of Engineer’s Services, and the rates and amounts of Engineer’s compensation, shall be adjusted equitably. 2.01 Payment Procedures A.Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Engineer for Services, Additional Services, and expenses within 30 days after receipt of Engineer’s invoice, then (1) the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day, and (2) in addition Engineer may, after giving seven days written notice to Owner, suspend Services under this Agreement until Engineer has been paid in full all amounts due for Services, Additional Services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. B.Payment: As compensation for Engineer providing or furnishing Services and Additional Services, Owner shall pay Engineer as set forth in Paragraphs 2.01, 2.02 (Services), and 2.03 (Additional Services). If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion. 110 EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 2.02 Basis of Payment—Hourly Rates Plus Reimbursable Expenses A.Owner shall pay Engineer for Services as follows: 1.An amount equal to the cumulative hours charged to the Project by each class of Engineer’s employees times standard hourly rates for each applicable billing class, plus reimbursement of expenses incurred in connection with providing the Services and Engineer’s consultants’ charges, if any. 2.Engineer’s Standard Hourly Rates are attached as Appendix 1. 3.The total compensation for Services and reimbursable expenses is estimated to be $10,000.00. 2.03 Additional Services: For Additional Services, Owner shall pay Engineer an amount equal to the cumulative hours charged in providing the Additional Services by each class of Engineer’s employees, times standard hourly rates for each applicable billing class; plus reimbursement of expenses incurred in connection with providing the Additional Services and Engineer’s consultants’ charges, if any. Engineer's standard hourly rates are attached as Appendix 1. 3.01 Termination A.The obligation to continue performance under this Agreement may be terminated: 1.For cause, a.By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement’s terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b.By Engineer: 1)upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer’s responsibilities as a licensed professional; or 2)upon seven days written notice if the Engineer’s Services are delayed for more than 90 days for reasons beyond Engineer’s control, or as the result of the presence at the Site of undisclosed Constituents of Concern, as set forth in Paragraph 5.01.I. c.Engineer shall have no liability to Owner on account of a termination for cause by Engineer. d.Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 111 EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all Services and Additional Services performed or furnished in accordance with this Agreement, plus reimbursement of expenses incurred through the effective date of termination in connection with providing the Services and Additional Services, and Engineer’s consultants’ charges, if any. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties or guarantees, express or implied, under this Agreement or otherwise in connection with Consultant’s services. Notwithstanding any other representations made elsewhere in this Agreement or in the execution of the Project, this Standard of Care shall not be modified. Subject to the foregoing Standard of Care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor’s work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a Constructor to comply with laws and regulations applicable to such Constructor’s furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any Constructor. C. Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s failure to furnish and perform its work. 112 EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 D. Engineer’s opinions (if any) of probable construction cost are to be made on the basis of Engineer’s experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors’ methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of probable construction cost prepared by Engineer. If Owner requires greater assurance as to probable construction cost, then Owner agrees to obtain an independent cost estimate. E. Engineer shall not be responsible for any decision made regarding the construction contract requirements, or any application, interpretation, clarification, or modification of the construction contract documents other than those made by Engineer or its consultants. F. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all Services and Additional Services relating to preparation of the documents and subject to the following limitations: 1. Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; 2. any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; 3. Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and 4. such limited license to Owner shall not create any rights in third parties. G. Owner and Engineer may transmit, and shall accept, 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, in accordance with a mutually agreeable protocol. H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, and (2) agree that Engineer’s total liability to Owner under this Agreement shall be limited to $10,000 or the total amount of compensation received by Engineer, whichever is greater. 113 EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 I. Neither Party shall be considered to be in default of this Agreement if delays in or failure of performance are due to forces beyond the reasonable control of the nonperforming Party, the effect of which the nonperforming Party could not avoid by the exercise of reasonable diligence. Such forces include, but are not limited to: fire, acts of God, flood, earthquake, storm, lightning, tornados, epidemic, war, riot, civil disturbance, sabotage, strike, work slowdown, or other labor disturbances, judicial restraint, action or inaction of any Government entity in either its sovereign or contractual capacity, quarantine restrictions, freight embargoes, delays in long lead time items and severe weather. Any changes to the terms of this agreement impacted by a Force Majeure event shall be documented in an Amendment to the Agreement. J. The parties acknowledge that Engineer’s Services do not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an unknown or undisclosed Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of Services on the portion of the Project affected thereby until such portion of the Project is no longer affected, or terminate this Agreement for cause if it is not practical to continue providing Services. K. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. L. This Agreement is to be governed by the law of the state in which the Project is located. M. Engineer’s Services and Additional Services do not include: (1) serving as a “municipal advisor” for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission; (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances; (3) providing surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements; or (4) providing legal advice or representation. N. Engineer shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Definitions 114 EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 A. Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, and consultants), performing or supporting construction activities relating to the Project, including but not limited to contractors, subcontractors, suppliers, Owner’s work forces, utility companies, construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them. B. Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, State, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 8.01 Attachments: A. Appendix 1, Engineer's Standard Hourly Rates. 115 EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: Engineer: KLJ Engineering LLC By: By: Print name: Print name: Title: Title: Date Signed: Date Signed: Firm's Certificate No. (if required): NA State of: Montana Address for Owner’s receipt of notices: Address for Engineer’s receipt of notices: Matt Wheeler, Public Works Director KLJ Engineering LLC City of Laurel 400 East Broadway Ave., Ste. 600 PO Box 10 Bismarck, ND 58501 Laurel, MT 59044 Legal Notices to: legal@kljeng.com Janaury 20, 2026 Senior Vice President, PWT Mark Anderson 116 Appendix 1, Standard Hourly Rates Schedule. EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is Appendix 1, Engineer’s Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated [ ]. Engineer’s Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 2.01, 2.02, and 2.03, and are subject to annual review and adjustment. B. Schedule of Hourly Rates: 117 Appendix 1, Standard Hourly Rates Schedule. EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 118