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HomeMy WebLinkAboutResolution No. R26-04 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 271h day of January, 2026, by Council Member Mackay. PASSED and APPROVED by the City Council of the City of Laurel the 27th day of January, 2026. APPROVED by the Mayor the 271h day of January, 2026. CITY OF LAUREL Dave Waggoner, Mayor ATTEST: �„niiii ►,n,, `G\�`I OF....� K 1 St er, lerk-Treasurer �FCO U 0,� ''lJr,uJI11% ,,0 R26-04 Approve Consulting Agreement for Engineering Services APPROVED AS TO FORM: Michele L. Braukmann, Civil City Attorney R26-04 Approve Consulting Agreement for Engineering Services SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES KU Project#:2604-10067 THIS IS AN AGREEMENT effective as of January 28, 2026 between City of Laurel ("Owner") and KU 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. 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 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 5.01.1. 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. 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. 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.E 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. 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 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. 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 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 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 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. 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner� COL. Engineer: KU Engineering LLC ~ By: �k 4—j-� BY: �1`�1,fi7 1N�A�yGa��''— Print name: 1 Print name: Mark Anderson Title: r l "ds— Title: Senior Vice President. PWT Date Signed: .��,��?(e Date Signed: JcqnauW 20 2026 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 KU 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 EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 19)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: Appendix 1,Standard Hourly Rates Schedule. EICDC®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 2026 KU Rate Sheet KU Staff Type Standard Rate KU Staff Type Standard Rate Archaeologist 1 S88 CAD Technician 1 $107 Archaeologist 11 5120 CADTechnician II S112 Archaeologist III 5160 CADTechnician III S133 Archaeologist IV $211 CAD Technician IV S172 Archaeologist V S224 GIS Specialist 1 $118 Paleontologist 5160 lGIS Specialist II S133 Environmental Specialist 1 S119 IGIS Specialist III S142 Environmental Specialist II S139 I GIS Specialist IV $173 Environmental Specialist 111 $176 jIntem $92 Environmental Specialist IV S197 Associate Planner $121 Environmental Specialist 5225 Planner $190 Environmental Specialist VI S264 Senior Planner S249 Government Relations Specialist 1 $111 Sr Public Engagement Strategist S167 Government Relations Specialist11 $152 ROWAssociate S131 Government Relations Specialist III $172 ROW Agent $180 Graphic Design Specialist S146 Proiect Controls Specialist I S111 Engineering Tech nician 1 S106 Project Controls Specialist II $167 Engineering Tech nician II 5121 Survey Technician S98 Engineeri ng Technician III S154 Crew Chief S116 Engineering Technician IV $168 Senior Crew Chief S163 EngineeringTechnician V $191 Professional Land Surveyor $190 Designer Technician $129 Principal Land Surveyor $230 Associate Designer 5140 1 Person Survey Crew $193 Designer 5164 2 Person Survey Crew $255 Senior Designer $211 Project Manager $227 Engineer in Training $129 Senior Project Manager S290 Engineer in Training II $139 Associate Engineer $162 Engineer $198 Senior Engineer S249 Project Assistant 1 597 Proiect Assistant II 5110 Project Assistant III $148 rime and Half for Overtime Included in Hourly Rate Reimbursable Expenses rd applicable) ATV,UN,Snowmobile Included in Hourly Rate Survev Equipment Included in Hour.V Rate CAD and GIS Work Station Included in Hourly Rate Postage and Routing Printing Cost Included in Hourly Rate Mileage Included in Hourly Rate Special Equipment/Software Per Project Basis Subsistence(Per Diem)-Lodging Actual Cost Subsistence{Per Diem)-Meals $45/Day per Person Misc.Project Related Expenses Cost plus 15% Sub-Contracts Cost plus 15% ""Rates to be renegotiated after January 1st of each calendar year 20251203_2026Munici pal_Rate_Sh eet <<KLI 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