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Home My WebLink AboutCouncil Workshop Packet 02.13.2018 AGENDA CITY OF LAUREL CiTY C4UNCIL WORKSHOP TUESDAY, FEBRURY 13, 6:34 P.M. CIT'Y Ct?UNCIL CHAMBERS 1. Public Input: Citizens may address the Caurrci[regarding uny item of City business that is not an tor�ight's agenda. The duration for an individual speaking under Public Input is limited to three mznutes. While a1C camments are weCcome, the Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item that is on tonight's agenda, we ask that you wazt until the agenda item is presented to the Council by the Mayar and the public is asked ta comment by the Mrryor. CJnce agazn,each speaker is limited ta three minutes. , 2. General items 3. Executive Review • Resolution—Outfall Easement Amendment + Resolutian—Task Order—Laurel On-Call Professional Services + Resolution—Task Order—H�S Remediation Improvements + Resolution—Task Order—Wastewater Treatment Plant Screw Press . Council Issues: a Update on 2011 Yellowstone River flooding event a Gas Tax—Arnaunt o Merno - Board/Cornmittee rninutes o Access to email 4. Other iterns 5. Review of draft cc�uncil agenda for February 20`h b. Attendance at the February 20t''cauncil meeting 7. Announcements $. Recagnition of Employees * Kyle Bryant 13 years on February 1 st police , * Jarre�d Anglin 3 years on February 18�' Palice � s Zach Cortese 1 year on February 8�' Police � The City makes reasonable accommadations for any known disability that may interfere with a person's ability to participate in this meeting. Pers�s need'ung accommadatian mus# notify the City Clerk's Office to make needed , arrangements. To make your request known,ptease ca11406-62$-7431,E�.2,or write ta Bethany Keeler,PO Box 10, ' Laurel,MT 59044,or present your request at City Ha11,115 West First Street,Laurel,Montana. NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshap agenda items. RESOLUTION NO. R18- A RESOLUTION OF THE CITY COUNCIL APPROVING A MODIFICATIQN TU THE PREVIOUSLY APPROVED PERPETUAL EASEMENT FOR CHS INC. TO CONSTRUCT AND MAINTAIN A NEW WASTE WATER OUTFALL ACROSS CITY OWNED PR4PERTY AND AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT ON THE CITY'S BEHALF. WHEREAS, the City Council previausly approved the "Easement Agreement" and "Easement Deed"between the City of Laurel, as Grantor,and CHS Inc. as Grantee through Resolution R17-66; WHEREAS, the previous documents did not contain a camplete legal description for the property at issue; and WHEREAS, the City of Laurel and CHS Inc. modifted the documents to include the correct legai , descriptian and both parti�have executed the documents; and WHEREAS, granting and approving the rnodified agreemer�ts for purpases of recording them is in the best interests of the City and CHS at this tirne. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves, grants, and aceepts #he attached modificatians and authorizes the Mayor to execute the documents on the City's behalf, , and such approyal is effective retraactively to�.� -��t,��c� INTRODUCED at a regular meeting of the City Council on February 2Q, 2Q18 by Couz�cil Member ' � � • i PASSED and AP'PROVED by the City Cauncil of the City of I,�urel this 20�'day of February 2018. I APPROVED by the Mayor this 20`t'day of February 2018. CITY C)F LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Keeler, City Clerk/Treasurer Approved as ta Forrn: Sam S. Painter, Civil City Attarney Rl&�Approve Modified C�3S Inc.Easement far Waste Water Outfall ,��, -- AMENDMENT NO. 1 This Amendment (the "AmendmenY') is entered into as of February 1, 2018 by and between CHS Inc. ("CHS") and City of Laurel ("CITY"). RECITALS WI3EREAS, CHS and CITY entered into a certain Easement Deed having an effective date as of the 17th day of October, 2017 (the"AgreemenY'); ' WHEREAS, the undersigned desire amend the Agreement as described herein. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties to this Amendment agree as follows: 1. The Easement is described and shown on the attached Exhibit A. 2. Except as expressly set forth herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. 3. Any capitalized term not defined in this Amendment shall have the meaning set forth in the Agreement. 4. This Amendment may be executed in any number of counterparts, each of which shall be an original, but all of which will constitute one in the same instrument. Any executed counterpart of this Amendment delivered by facsimile or other electronic transmission to a party to this Amendment will constitute an original counterpart of this Amendment. [signature page follows] ' i of2 IN WITNESS WHEREUF, the parties have caused this Amendment ta be executed on the day and year first written above. City of Laurel Attest far City of Laurel ,r---- • _ .- B r Y� Narne:�0'C�'t �� '��Cl Name: �_ ��'� Its: '(�C1��.1 C�Y Its: GZ (NCITARIAL SEAL) State af Montana Caunty of Yellowstone e forego'n instrument was ac owledge before me on �"';2018, by �, �e p of the City of Laurel and helshe executed said inst��wnent on behalf af t e City. �.�sT�C KE1.1.Y STRECKER ,�J�/ �,4''' ""�:�, NQTARY PUBLIC for the � p c for the State of Montana �� fl� *:�S�A� ;* StateofMontana .«r Residing at Bighom,Montana y�.,,,, •Q..�' My Commission Expires �OF M0� February 3,2020 CHS Inc. Attest far CHS Inc. --� � ' ��'j � �y: ,�—..� � By: .�1�.��-- N e: �.�ru'��.� �� SSI;� Nam ,��bu� _� l�Q,urY�t+.� ; '—`� ' Its: L' e.�� , l C=' 1� Its: ��L►�L��25�r�►r: .��e.��iSO�'Z... j �� i (N(3TARIAL SEAL) State of Montana County af Yellowstane The faregoing instrurnent w s acknowledge before me on Y�,��4"�- �- , 2018, by `�"c,ti�.E� � ��r�z �� - :��P � � , - of CHS Ina ari helshe executed � said instrument on behalf af the corparatio . �� --, Pp�tE H.8 I rc• '"�"'•.G SWERRIE H.BUSH �?ao�A�,q��'.y NOTAflY PUBLIC for the otary Public far ate of Montana � S E A L ,� State at Montans Residing at Billings,Montana �f�lFOF MOt'`P�� y eb uary 23n20f�ires z ofz �. ..-__'..---��_' � � l 1 \\�--=�'..= ' EtpAO , `�"�=o �\\ � ... t"�E'R ARO.� � , �, ,,��,, .�,� �y_�... �" � �� ,,, � � A % �/ f ' :� � �� ,;,� � ,, � � '� ��,_ >%s j� � � � �� •� . �� ,w � � ' � ��;� '�`. � � d' � � ,� s�'�� l '�,�� o,.� ''� t`�' �. ; �. ��" �� f �' � � � . �'�;� o � � Q�`� / � `� �. 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I"_'_''-� � � �'� o �$�" � '�i�J N� ` ii � � � \ Q gK:� o �S� � �' � ` � t i s .+ �� g ��3 t�,, �� "U � �� i � ` '3 F� 9. �' '� �, �ui $�� " � � �'` � ,y 't , � �� p � � �� ,� ,� ,� , �' �p ��' 3 � � �� . 1 � 1 1 � �� p� ��. � e � � 1 1 q+ ` �.� { � �. � 1 ; �� ' �'�`�� `' �'�� ° �° �� `�. � �,.�,��i �� `;� N � � �� '� ; ti i� � � �, � ..a � $ s ° � � � � ` 1 J �� O � i \ �O p O �" \ `' -�...,,...-1+0�-`" '; � 6' $� � ��, � � � � ; ; ; $� q� � �� t � ` _, ; � � \ �� q� $ m 6 ¢ p � , , \` ` , � ` g� � �� '� O�g� � � �� „0 � i ` `�� `� ,,`t ��7` � ��+' �j�Z �� s� � �� '� � . � ,� � � � � � � a � �� `� �� \ � �Y ��i/f"�'^ , � O C� p '� �Gw i a � ` � �� , , �. \ '" �x�� '��., �,� � � � � ,- \ -' '- � � - ,� :-- � �.�---'~ ��v RESOLUTION NO. R18- A RESOLUTION APPROVING THE ON-CALL TASK ORDER AUTHORIZING KADRMAS, LEE & JACKSON, INC. TO PERFORM MISCELLANEOUS ENGINEERING AND RELATED SERVICES FOR THE FOR THE CITY OF LAUREL. WHEREAS, the City of Laurel previously executed an Agreement for Professional Services with Kadrmas, Lee &Jackson, Inc. ("KL&J") on December 5, 2017, via Resolution No. R17-69; and WHEREAS, the City of Laurel requires certain additional miscellaneous services that are not currently authorized or included within the scope of another specific task order; and WHEREAS, KL&J is qualified, experienced and able to provide such services, including but not limited to on-call engineering, surveying, planning and government relations as well as other miscellaneous services; and WHEREAS, the terms and conditions for such services to be provided by KL&J are described in the attached Task Order. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, the attached Task Order authorizing additional miscellaneous services to be performed by KL&J for the City of Laurel is hereby approved and the Mayor is hereby authorized to execute the attached Task Order on the City's behalf. Introduced at a regular meeting of the City Council on February 20, 2018, by Council Member PASSED and APPROVED by the City Council of the City of Laurel this 20th day of February, 2018. APPROVED by the Mayor this 20th day of February, 2018. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Keeler, Clerk-Treasurer APPROVED AS TO FORM: Sam Painter, Civil City Attorney R18-_Approve Task Order for Miscellaneous Services: Kadi'maS, Lee &Jackson, Inc. This is a Task Order for KU Project No. 1804-00347, consisting of three(3)pages. Task Order: Laurel On-Call Professional Services In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services—Task O�der Edition,dated December 5,2017("Agreement"),Owner and Engineer agree as follows: 1. Background Data A. Effective Date of Task Order: February 20,2018 B. Owner: City of Laurel C. Engineer: Kadrmas, Lee&Jackson, Inc.(dba "KU") D. Specific Project(title): Laurel On-Call Professional Services I E. Specific Projed(description): On-call engineering, surveying, planning, government relations, and other miscellaneous services as requested by the City 2. Services of Engineer A. The purpose of this Task Order is to enable KU to assist City of Laurel with miscellaneous services that are not included in the scope of another specific task order. KU's services will be provided or furnished upon written request by City of Laurel,and may include: 1. Engineering services that may include technical, project management, internal/external coordination, meeting attendance and committee participation, project planning and due diligence,public relations,cost estimating,mapping,QC reviews,and other miscellaneous tasks. 2. Surveying services that may include legal, boundary, cadastral, topographic, GIS, mapping, and other miscellaneous tasks. I � 3. Planning services that may include land use,zoning,subdivisions,floodplain,independent reviews, stakeholder coordination,meeting attendance and committee participation,public relations,and other miscellaneous tasks. 4. Government relations services that may include strategic planning, grant/funding assistance, stakeholder communication strategy development, presentations, meeting attendance and committee participation,public relations,and other miscellaneous tasks. 5. Other miscellaneous on-call services upon request by the City. Task Order Fortn—Laurel On-Call Professional Services EJCDC°E-505,Agreemerrt 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 i 3. Additional Services Additional Services that may be authorized or necessary under this Task Order are: those services (and related terms and conditions) set forth in Paragraph A2.01 of Exhibit A, as attached to the Agreement,such paragraph being hereby incorporated by reference. 4. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B. 5. Task Order Schedule It is anticipated that Engineer's services will be provided on-call throughout the duration of the Agreement. 6. Payments to Engineer II A. Owner shall pay Engineer for services rendered under this Task Order as follows: Description of Service Amount Basis of Compensation 1. On-Call Professional Services $3,000/month Direct Labor 2. Additional Services(Part 2 of Exhibit A) (N/i4) TBD Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer's labor,overhead, profit,reimbursable expenses(if any),and ConsuRants' charges,if any.For Iump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services adually 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. 7. Consultants retained as of the Effective Date of the Task Order: (Does not Apply) 8. Other Modifications to Agreement and Exhibits:(Does notApplyJ ', 9. Attathments: (DoesnotApply) '' 10.Other pocuments Incorporated by Reference:(Does notApply) Task Order Form—Laurel On-Call Professional Services EJCDC•E-505,Agreemerrt Between Owner and Engineer for Professional Services—Task Order Edition. CopyrigFit�2014 National5ociety of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 i 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 February 20,2018. OWNER:City of Laurel ENGINEER: Kadrmas, Lee&Jackson,Inc. By: By: I Print Name: Print Name: ' Title: Title: 'I Engineer License or Firm's I' Certificate No.(if required): PEL-EF-LIC-37 ' State of: Montana j DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Kurt Markegard Name: Carl lackson ', Title: Director of Public Works Title: Project Manager I� PO Box 10 PO Box 80303 Address: Laurel,MT 59044 Address: Billings,MT 59108 E-Mail E-Mail � Address: kmarkegard@laurel.mt.gov Address: carl.jackson@kljeng.com Phone: 406-628-4796 Phone: 406-245-5499 Task Order Form—Wurel On-Call Professional Services EJCDC°E-505,AgreemeM Between Owner and Engineer for Professional Services—Task Order Edition. Copyright m 2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 RESQLUTIUN N4. R28- A RES4LUTIQN APPRQVING THE TASK 4RDER AUTH4RIZING KADRMAS, LEE & JACKSON, INC. FC?R HYDRQGEN SULFIDE REMEDIATION FC1R A PORTION t3F THE CITY OF LAUREL'S SEWER AND WASTE WATER COLLECTIC►N SYSTEMS. WHEREAS, the City of Laurel previausly executed an Agreement for Professional Services with Kadrmas, Lee &Jackson, Inc. ("KLS�J") on December 5, 2017,via Resolution No. R17-64; and WHEREAS, the City of Laurel requires remediation services for a partion of the City's sewer and wastewater collection system between the Village and Elm Lift Stations as described in the attached Task Order with is incarporated herein by reference; and WHEREAS, the services to be pravided and ec>st far such services are fully described in the attached Task Order. NOW, THEREFORE, BE IT RESOLVED by the City Gouncil of the City of Laurel, Montana, the attached Task Order autharizing the services to be perfarrned by KI,&J for the City of Laurel is hereby approved and the Mayor is hereby autharized to execute the attached Task Order on the City's behal£ Introduced at a regular rneeting of the City Council on February 20, 2018, by Council Mernber PASSED and APPROVED by the City Council of the City of Laurel this 2Q`h day af February, 2018. I APFROVED by the Mayor this 20th day of February, 2018. CITY OF LAUREL Thomas C. Nelsan, Mayor ATTEST: Bethany Keeler, Clerk-Treasurer APPRt�VED AS TO FtJRM: Sam Painter, Civil City Attorney R18-�Approve Task 4rder far Hydrogen Sulfide Remediatian Services: Kadrrnas, Lee &7aCkson, InC. This is a Task Order for KU Project Na. 1804-00122, consisting of 4 pages,pius attachments. Task Order: H25 Rernediation Improvements In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professianal Services -Task Order Editian,dated December 5, 2017{",Agreement"),Owner and Engineer agree as fallows: 1. Background Data A. Effective Date of Task 4rder: February 20,2018 B. Owner: City of�aurel C. Engineer: Kadrmas,�ee&lackson,lnc.(dba"KU") Q. Specific Project(title): H25 Remediation Improvements E. Speci�c Project(description�: This project consists of the addition of an aeration system to the wastewater collection system far the reduction af hydrogen sulfide (H2S) formation in the sewer callection system between Village and Elm Lift Stations. 2. Services af Engineer � A. The specific seroices to tfe provided or furnished by Engineer under this Task Order are: Set forth in Part 1-6asic Services of Exhibit A, "Engineer's 5ervices for '1'ask Order;' modified for this specific Task Order,and attached ta and incorporated as part of this Task Order. � B. Resident Project Representative(RPR}Services -Not Used C. Designing to a Construction Cast Limit-Not Used D. Qther Services-None E. All of the services included above comprise Basic Services for purposes af Engineer's compensatian under this Task Order. I i 3. Additional Seroices � A. Additionat Services that may be authorized or necessary under this Task Order are: Set farth 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 t incarporated as part of this Task Order. ' Task Order Form-H25 Remediation Improvements EtCDC'f-585,Agreemerrt Between Owner and Engineer for Professianal Services-Task Order EdRion. Capyright�`!2414 Nationai Saciety of Professionai Eng�eers,American Cou�af EngineerMg Companies, and Amerkan Saciety of Civil Englneers. Ap rights reserved, Page 1 1�� 4. Owner's Responsibilities Owner shaii have those responsibiiities set forth in Article 2 of the Agreement and in Exhibi#B, subject to the foHowing: • Provide En;�ineer with access to the facili#ies,as needed to campiete the project. • Pravide requested information included existing (as-built} ptans, fiow data and pumping records, and any prior studies, reparts, etc. related to a praposed remedy of N25 within the collection system. • Review preliminary reparts and plans prav�ded by the Engineer. • Pay#he cast af any review fees imposed by agencies having jurisdiction over the project. 5. Task Order Schedule In addition to any schedule provisians provided in Exhibit A ar elsewhere, the parties shall meet the following schedule: • The Owner wishes ta have the H25 remediation improvements operatianal by June 30, 2018,Engineer shatt work in good faith to expedite the design and implementation process with the intent af achieving the desired operatianal date; however, both parties acknowledge that the lead time on the recommended equipment witt be eritical in the achievement of the desired schedule. � Owner will provide review comments, in writing, to Engineer far any draft deliverables submit#ed by Engineer. Owner will pravide camments within 7-days of submission by i Engineer.Owner acknowledges delays in review/response may extend the fina!schedule. • Engineer shall provide periodic updates to Owner on the anticipated completion schedule, ' i throughout the duration of the praject. 6. Payments ta Engineer A. Owner shalt pay Engineer for services rendered under this Task Order as#ollows: Basis af Description of Service Amaunt Compensation 1. Basic 5ervices(Part 1 of Exhibit A)* a. Study and Repart Phase(AlA1) $8,604.00 Lump Sum b. Preliminary and Final Design Phase(A1A2, $30,560.00 Lump Sum ' A1.03} c. Bidding or Negatiatin Phase(A1.04} $6,970.00 Lump Sum d. Construction Phase(AI.05) $9,800.00 Direct Labor ' e. Post-Construction Phase(A1.06) $2,300.00 Direct Labar , TOTA�Cf3MpENSATICIN(lines i.a-ej $58,230.00 � Task Order Form—H25 Remediation Improvements E1CDC•E-545,Agreement Between Owner and Engineer for Professional Services—Task Order Editian. Copyright�12024 Natianal5odety of Professionat Engfneers,American Council of Englneering Compani�, and American Society of Civil Engineers. All rights reserved. Page 2 2. Additional Services(Part 2 of Exhibit A) (N/A) Direct Labor *Based on a one-month continuous construction period. Compensatian items and totals iaased in whole or in part an Hourty Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Enginee�'s labor,overhead,profit,reimbursable expenses(if any),and Consultants' charges, if any. For lump sum items, Engineer may alter the distribution of campensation between individuai phases(line items)to be cansistent with services actually rendered,but shall not exceed the total(ump sum compensation amount unless approved in writing by the Owner. B. The kerms af payment are set farth in Articie 4 of the Agreement and in the applicable gaverning provisians of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: Nane 8. Clther Modificatians to Agreement and Exhibits: None 9. Attachments. � E Exhibit A-Engineer's Services for Task Order � 10.Other pocuments Incorporated by Reference: December 5,2027 Agreement between Owner and Engineer for Professianal Services,Task Order Edition i Task Order Form—H2S Remediation Improvements EJCDC"E-505,Agreement Between Owner and Engineer f+or Professional Senrices—Task drder Edhian. Capyright Qa 241A National Sodety of Professional Engineers,American ta.mc�af Engineering tompanies, and Amerkan Society of Givil Engineers. All rights reserved, Page 3 i il.Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and i 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 February 20,2018. OWNER:City of Laurel, Montana ENGINEER: Kadrmas, Lee&Jackson, Inc. By: gy; Print Name: Print Name: Title: Title: Engineer License or Firm's � Certificate No.(if required): PEL-EF-LIC-37 State of: Montana DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Kurt Markegard Name: Travis Jones Title: Director of Public Works Title: Project Manager Address: PO Box 10,Laurel, MT 59044 Address: PO Box 80303 Billings,MT 59108-0303 , E-Mail kmarke�ard@laurel.mt.�ov E-Mail travis.jones@kljeng.com Address: Address: Phone: 406-628-4796 Phone: 406-245-5499 Task Order Form—H25 Remediation Improvements E1CDC•E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edkion. Gopy�lght�2014 National Sodety of Professbnal Engineers,American Council of Engineering Companies, and American Sodety of Civil Engineers. All rights reserved. Page 4 This is EXHIBIT A, consisting af 13 pages, referred to in and part af the Task Qrder dated February 20,2018. Engineer's Services for Task Order:H2S Remediation Project PART 1—BASIC SERVICES A1.01 Study and Report Phase Services A. As Basic Services,Engineer shall: 1. Consutt with Uwner to define and ciarify 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 identity available data,infarmation,reports,facilities plans,and site evaluations. a. If Owner has already identified ane or more potential solutions to meet its Specific Project requirements,then proceed with the study and evaluation of such potential solutions: during discussians between the Owner and Engineer, prior to the Task Order,the iikeiy solution was identified to include the addition of an aeration system to the Village I.ift Sta#ian for H25 cantrol.The services provided under this Exhibit are based on this patentiat solution. I � , 2. Identify potential�solution(s)to meet Owner's Specific Praject requirements, as needed. 3. Evaluate the patential � soiution{s) to meet ttuvner's Speci�ic Praject requirements. � 4. Visit the Site,ar patential Specific Project sites,to review existing canditions and facilities, unless such visits are not necessary or applicable to meeting the objectives of the Study and Report Phase. 5. Advise Owner of any need far dwner to obtain,furnish,or otherwise make avaiiabie to Engineer additianal Specific Project-related data and information,for Engineer's use in Exhibit A—Engineer's Services—H25 Remediatbn Project E1CdC" E-505,Agreemerrt Between 8wner and Engineer for Prafessianat Services—Task Order EdRian. CopYright�t 2014 Nationai Sodety o#Professianai Engineers,llrne�"lcan Counc�of EngMeering Companies, and Amerkan Society of Civil Engineers, All rights reserved. Page 1 the study and evaluation of potential solution(s)to Owne►'s Specific Project requirements, and preparation of a related Draft Design Memo. 6. Meet with the Owner to discuss the findings of the Draft Design Memo and incorporate input from the Owner into the Final Design Memo. The Final Design Memo will be the basis of final design of the project. 7. Provide the Owner with three copies of the Final Design Memo,which will be the basis for the remaining design efforts. B. Engineer's services under the Study and Report Phase will be considered complete on the date when Engineer has delivered to Owner the Final Design Memo. A1.02 Preliminary Design Phase A. As Basic Services,Engineer shall: 1. Prepare Preliminary Design Phase documents consisting of preliminary drawings,outline specifications,and written descriptions of the Specific Project. 2. Provide the Owner with three copies of the 50'�design, drawings and specifications for their review. 3. Meet with the Owner to review the 50% drawings and specifications and solicit the Owner's input prior to advancing on to the final design phase. B. Engineer's services under the Preliminary Design Phase will be considered complete on the date when Engineer has meet with and review the 50%drawings and specifications. A1.03 Final Design Phase A. As Basic Services, Engineer shall: 1. Prepare 95�o Drawings and Specifications indicating the scope, eutent, and character of the Work to be performed and furnished by Contractor. 2. Provide the Owner with a 95�o design,drawings and specifications for their review. 3. Meet with the Owner to review the 95% drawings and specifications and solicit the Owner's input prior to advancing on to 100�drawings and specifications. 4. Develop the 100'� drawings and speci�cations. Provide the Owner with three copies of the 100'�drawings and specifications. 5. Provide technical criteria,written descriptions, and design data for permitting submittal to the MT-DEQ. Exhibit A—Engineer's Services—H2S Remediation Project EJCDC• E-505,Agreemerrt Between Owner and Engineer for Professional Services—Task Order Edition. Copyright m 2014 National Sodety of Professional Engineers,American Council of Engineering Companies, and American Sodety of Civil Engineers. All rights reserved. Page 2 6. Develop and deliver to the Owner an opinion of probable Constructian Cost. B. Engineer's services under the Final Design Phase will be considered complete on the date when Engineer has delivered to t3wner the final Drawings and 5pecifications, ather assembled Constructian Cantract Documents, bidding-related documents (or requests for praposals or other construction procurement documents),and any other Finat Design Phase deiiverables. C. The number of prime contracts for Work designed or speci#ied by Engineer upon which the Engineer's compensation has been established under this Task Qrder is one. If more prime contracts are awarded,Engineer shall be entitled to an equitable increase in its compensation under this Task Order. A1.0� 8idding or Negotiating Phase A. As Basic Services,Engineer shall: 1. Assist Owner during the bidding process by developing an advertisement,printing of bid documents(Drawings and Specifications),distribution of bid documents,and maintaining a Plan Holders list. 2. Coordinate and facilitate a pre-bid conference. 3. Prepare and issue Addenda as apprapriate to clarify, correct, or change the issued dacuments, 4. Attend the bid opening, conduct a bid evatuation and prepare a recommendation of award to the Owner. B. The Bidding or Negotiating Phase will be considered cnmplete upon the delivery af the recommendation of award. Any re-bidding, beyond the initial letting, will be cansidered an additianal service,unless agreed upon by both parties. i A1.05 Constructian Phase A. As Basic Services,Engineer shall: 1. Cnordinate the execution of the Contract Documents between the Owner and Contracxor. , 2. Genera/Administratian of Construction Cantract: Consuit with Owner and ac#as Owner's representative as provided in the Constructian Cantract. 7he extent and limitatians of the duties, responsibilities, and autharity af Engineer shall be as assigned in E1CDC� C-700, Standard General Canditions of the Constructian Contract {the Editian of which is ta coincide with the current Montana Pubiic Works Standard Specificatians in effect at the time of a specific 7ask Orderl, prepared by the Engineers Joint Contract Dc�cuments Committee, or other construction general canditions specified in the Agreement. If Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of Exhibit A—Engineer's Services—H2S Remediation Project E1CDC• E-505,,Agreemerrt Between Owner and Engineer for Professional Services—Task Qrder Edhiai. Capyright�2014 National Society af Professia�a!EngMeers,American Counc�of Engk►eerityg Compa�es, a�d American Sodety of Civil Engineers. AU rights reserved. Page 3 Engineer in the Construction Contract,or modify other terms of the Construction Contrad 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. 3. Pre-Construction Conference: Coordinate and participate in a pre-construction I conference prior to commencement of Work at the Site. 4. Electronic Transmitta!Protocols: If the Construdion 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, Con#ractor, and Engineer during the Construction Phase and Post-Construdion Phase. 5. Origina/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. 6. Schedules: Receive,review,and determine the acceptability of any and all schedules that ; Contractor is required to submit to Engineer, induding the Progress Schedule, Schedule I, of Submittals,and Schedule of Values. ' 7. Visits to Site and Observation of Construction: In connection with observations of Contractor's Work while it is in progress: a. Make up to six(4) visits to the Site at intervals appropriate to the various stages of construction,as Engineer deems necessary,to observe the progress of Contracto�'s executed Work. Such visits and observations by Engineer, 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 Construdion 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. 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. Exhibit A—Engineer's Services—H2S Remediation Project EJCOC° E-505,Agreemerrt Between Owner and Engineer for Professional Services—Task Order Editi�. Copyright�2014 National Soaety of Professlonal Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 b. The purpose of Enginee�'s visits to the Site,wiU be to enable Engineer ta better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase,and, in additian, by the exercise of Engineer's effarts as an experienced and quaiified design prafessianal,to provide for Clwner a greater degree of confidence that the completed Work will conform in general to the Construction Contract Documents and that Contractar has imptemented and maintained the integrity af the design concept of the campleted Praject as a functioning whole as indicated in the Construction Cantract Documents. Engineer shaA not,during such visits ar as a resuit of such observations of the Worlc, supervise, direct, or have contral over the Work, nor shali Engineer have authority over or responsibility for the means,methods,techniques,sequences,or procedures of construction selected ar used by any Constructor,for security ar safety at the Site,for safety precautians and programs incident to any Canstructor's work in progress,for the coordination of the Canstructors'work or schedules,nar for any failure of any Constructor ta comply with Laws and Regulations applicable to furnishing and perfarming of its wark. Accordingly, Engineer neither guarantees the performance af any Constructor nor assumes responsibitity for any Cons#ructor's failure to furnish or perform the Work, or any portion of the Wark, in accordance with the Constructian Contract Dacuments. 8. defective Work;Reject Wo�k 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 recammendations#o Owner regarding whether Contractor should correct such Work ar remove and replace such Work,ar whether Owner should consider accepting such Work as provided in the Constructian Contract Documents. 9. Compatibiliry with Design Concept:If Engineer has express knowledge that a specific part of the Work that is nat defective under the terms and standards set forth in the Constructian Cantract�ocuments is nanetheiess not compatibie with the design cancept af the campleted Project as a functioning whale, then inform C7wner af such incompatibitity,and provide recommendations for addressing such Work. 10. C/arifications and/r�terpretations;Accept fram Contractor and Owner submittal of al! matters in question concerning the requiremen#s of the Canstructian Contract Documents(sometimes referred to as requests for information or interpretation—RFis), or relating to the acceptability af the Work under the Construction Contract Documents. With reasonable promptness,render a written clarificatian,interpretation,or decision on the issue submitted,or initiate an amendment ar supplement to the Canstruction Contract Documents. 12. Field Orders:Subject to any timitations in the Construction Contract Documents,Engineer may prepare and issue Field Orders requiring minor changes in the Work. Exhibit A—Engineer's Serviaes—H2S Remediaxion Project E1Ct3C° E-505,Agreemerrt Between Owner and Engineer for Professional Services—Task Order Editlan. Copyright�2014 National Society of Professionai Engineers,American Gouncil of Engineering Companies, and American Sodety of CIvU Engineers. All rights reserved. Page 5 12. Change Orders and Work Change Directives: Recammend Change Orders and Work Change Directives to Owner, as apprapriate, and prepare Change Orders and Work Change Directives as required. 13. Differing Site Conditions; Respond to any natice from Contractor of differing site conditions,including conditiorts relating to underground facilities such as utiiities,and hazardous enviranmental conditions.Promptly conduct reviews,obtain information,and prepare findings,conclusians,and recommendations for Owner's use,subject to the limitations and responsibilities under the Agreement and the Constructian Contract. 14. Non•reviewable matters: If a submitted matter in question concerns the Engineer's performance af i#s duties and obligations, or terms and conditions of#he Construction Contract Documents that do not involve(1)the performance or acceptability of the Wark under the Canstruction Can#ract Documents,(2j#he design(as set forth in the Drawings, Specifications,or otherwise),ar{3}other engineering or technical matters,then Engineer witl pramptty give written natice ta t3wner and Contractor that Engineer will not pravide a detision or interpretatian. 15. Shop Drowings, Samples, and Other Submittals: Review take apprapriate action wi#h respect to Shap Drawings, Samples, and other required Cantractor submittals, but anly for conformance with the information given in the Construction Cantract Documents and compatibility with the design concept of the campleted Project as a functioning whole as indicated by the Construction Contract Documents. 5uch reviews will not extend to means, methods, techniques, sequences, or pracedures of construction or to safety precautions and programs incident thereto, 16. Su6stitutes and"or-equal"; Evaluate antl determine the acceptabiEity of subs#itute or"or- equa!"materials and equipment propased by Contractor,but subject to the provisions of � Paragraph A2.Q1.B.2 of this Exhibit A. I! 17. Inspections and Tests: a. Receive and review all certificates of inspections, tests, and approvals required by Caws and Regulations ar the Canstruction Contract Documents. Engineer's review of . such certificates will be far the purpose af determining that the resutts certified , indicate campliance with the Constructio» Contract Oacuments and will not constitute an independent evaluation that the content or pracedures of such inspections, tests, ar approvais comply with the requiremen#s of the Construction Contract Documer�ts. Engineer shall be entitled #o rely on the results of such inspections and tests. b. As deemed reasonably necessary, request that Contractor uncover Wark that is to be inspected,tested,or approved. Exhibit A—Engineer's 5ervioes—H25 Remediatian Project EJCDC� E-505,Agreement Between Owner and En�neer for Prafessional Se�vices—Taslc drder Edition. Capyri�bt�2024 Natbr�a!Society of Drofessionai Engineers,American CauncN of Er�ineering Companies, and Amerkan Saciety of Civil Engineers. Ail rights resenred. Page 6 � �� i 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. 18. Change Proposols and Claims:(a) Review and respond to Change Proposals. 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 whote, 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 wil) not resolve the Change Proposal.(b) Provide information or data to Owner regarding engineering or technical matters pertaining to Claims. 19. 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 Cons#ruction 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 Enginee�'s responsibility to observe the Work. In the case of � unit price work, Enginee�'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). I i 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 Exhibit A—Engineer's Services—H25 Remediation Project EJCDC• E-505,Agreement Between Owner a�d Engineer for Professional5ervices—Task Order Edition. Copyright m 2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 i 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 ofthe 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. 20. 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 i Documents,certificates of inspection,tests and approvals,and Shop Drawings, Samples, and other data reviewed as provided under Paragraph A1.05.A.17. 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. 21. Substantial Completion: Promptly aRer 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 occu.pancy of the Work following Substantial Completion. 22. Fina/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. 23. 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 Construdion 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 fa ith. 24. Start-up: Engineer will review operation and maintenance manuals submitted by the Contractor and will be on site during the equipment start-up and operator training. 25. Record Drawings:Engineer will develop Record Drawing for the project and submit to the MT-DEQ and two paper copies to the Owner along with one digital copy in PDF format. Exhibit A—Engineer's Services—H25 Remediatbn Project E1CDC• E-505,Agreement Between Owner and Engineer for Professional Servioes—Task Order Edition. Copyright�2014 National Sodety of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page S 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 as indicated in Paragraph A1.03.C, then Construction Phase services may be rendered at difFerent times in respect to the separate contracts. Subject to the provisions of Article 3, 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 Contrad under � the Task Order. I� A1.06 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 of any damage to the Site or adjacent areas, and assist Owner in consultations I 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. 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. 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. Preparation of applications and supporting documents (in addition to those furnished under Basic Services)for private orgovernmental grants,loans,or advances in connection with the Speci#ic Project;preparation or review of environmental assessments and impact Exhibit A—Enginee�'s Services—H25 Remediation Project EJCDC• E-505,Agreemerrt Between Owner and Engineer fw Professional Services—Task Order Edition. Copyright m 2014 National Sodety of Professional Engineers,American Gouncil of Engineering Companies, and American Society of Civil Engineers. AU rights reserved. Page 9 statements; review and evaluatian 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. 2. Ful!-time RRR Services. 3. Services ta make measured drawings of existing canditions or facilities, to conduct tests ar investigatians of existing conditions or facilities, or ta verify the accuracy of drawings or other information furnished by Owner or others.This shall include any survey services not explicitly stated within the scape of services. 4. Services resutting from significant changes in the scope, extent, or character of the partions of the Specific Praject designed ar specified by Engineer,or the Specific Praject's design requirements, including, but nat limited to, chan�es in size, complexity,Ownet's schedule, character of construction, or method af financing; and revisin� preuiously accepted studies, reports, Drawings,Specifications,or Construction Contract Doct�ments when such revisions are required by changes in Laws and Regulations enacted subsequent ta the Effective Date of the Task C?rder ar are due to any ather causes beyond Engineer's control. i 5. Services resui#ing from Owner's request to evaluate additional Study and Repart Phase ' aiternative soiutions beyond those agreed ta herein. 6. Senrices required as a result af Owner's providing incomplete or incorrect Specific Project � inform�tion to Engineer. 7. Providing renderings or models for Owner's use,including setvices in supporfi of building information modeling or civil integrated management. 8. Undertaking investigations and studies including,but not limited to: a. b. detai#ed consideration of aperations,maintenance,and averhead expenses; c. based on the engineering and technical aspects of the Praject, the preparatian of feasibility studies (such as those that include pra�eckions af output capacity, utility project rates, project market demand, ar project revenues) and cash flow analyses, provided that such services do not include rendering advice regarding rnunicipal financial praducts or the issuance of municipal securities; d. preparation of appraisals; Ezhibit A—Engineer's Serviaes—H2S Remediatlon Projed FJCOC• E-505,Agreemerrt Between Owner and Engineer for Profession�Services—Task Order Edition. Capyrlght m 2014 National5odety of Professional Engineers,American CauncN of Engfneering Companies, and American Saciety of Civil Engieeers. All rights reserved. Page 10 e. evaluating processes available for licensing,and assisting Owner in obtaining process ticensing; f. detaited quantity surveys af materials,equipment,and labor;and g. audits or inventories required in connection with canstructian perFarmed or furnished by Qwner. 9. Furnishing services of Cansultants for other than Basic Services. 10. Providing data or services of the types described in Exhibit B, when Owner retains Engineer to provide such data or services instead of Owner furnishing the same. 11. Providing ihe foElowing services: a. 5ervices attributable to more prime cans#ruction contracts than spetified in Paragraph A1.03.0 or the specific Task Clyder. b. Services to arrange for performance of construction services for Owner by contractors other than the principal prime Cantractor, and administering Owner's cantract for such services. 12. Services during out-of-town travel required of Engineer,other than for visits ta the Site or Owne�'s office as required in 8asic Services. 13. Preparing for, coordinating with, participating in and responding to siructured independent review processes, inciuding, but not limited to,construc#ion management, cost estimating, project peer review, value engineering, and constructabili#y review requested by Owner; and performing or furnishing services required to revise studies, reports,Drawings,Specifications,or other documents as a result af such review processes. 14. Preparing additianat bidding-related documents (or requests far proposals or ather construction procurement documents)or Consiructton Contract Documents for alternate bids or cost estimates requested by Owner far the Wark or a portian thereaf. 15. Assistance in connection with bid protests, rebidding, or renegotiating contracts far construction,materiais, equipment,or services,except when such assistance is required to compl.ete services required by Paragraph 5.02.A and Exhibit F. 16. Preparing canfarmed Construdion Contract Documents that incorporate and integrate #he conten#o#a!1 Addenda and any amendments negotiated by�wner and Contractor. 17. Providing Construction Phase services beyond the originai date for compietion and readiness for fina! payment of Contractar, but only if such services increase the totai quantity of services #o be performed in the Construction Phase, rather than merely shifting perfarmance of such services to a later date. Euhibit A—Engineer's Services—H2S Remediation Project EJCOC• E-505,Agreement 8etween Owr�er and Engineer for Prafessional Servioes—Task Order Edkion. Copyright @ 2014 Mationa!So�iety of Prafessbnai Engineers,American Council a#Eng�eerfng Companies, and American Sodety of Civil Engineers. All rights reserved. Page 11 18. Supplementing Record Drawings with information regarding the completed Project,Site, and immediately adjacent areas abtained fram field observations, Owner, utility companies,and ather reliable sources. 19. Conducting surveys, investiga#ions, and fieid measurements to verify the accuracy of Record Drawing content obtained from Cantractar, Qwner, utility companies, and other sources;revise and supplement Recard Drawings as needed. 20, Preparation of operatian,maintenance,and staffing manuals. 21. Protracted or ex#ensive assistance in refining and adjusting of Project equipment and systems(such as initial startup,testing,and balancing). 22. Assistanee to tJwner in training Owner's staff to aperate and maintain Specific Project equipment and systems. 23. Assistance ta Owner in developing systems and procedures for(a)controi of the operation and maintenance of Project equipment and systems,and(b)related recordkeeping. 24. Preparing to serve ar 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 Projed. 25. Providing construction surveys and staking to enable Contractar#o perfarm its work other than as required under Paragraph A1A5.A.8,and any type of property surveys or related engineering services needed for the transfer of interests in rea) property; and providing other special field surveys. 26. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 27. Excessive services during any correction period, or with respect to guarantees called for in the Construction Contract(except as agreed to under Sasic Services). 28. Provide assistance in respondi»g ta the presence af any Constituen#a#Concern at any Sfte,in compliance with current Laws and Regulations. 29. Other additional services performed ar furnished by Engineer nat otherwise provided for in this Agreement. B. Advance Written Authorization Not Required: Engineer shait advise Owner in advance that Engineer will immediately cammence to perform or fumish the Additianal Services of the types listed below. Far such Additianal Services, Engineer need not request or obtain specific advance written authorization fram Owner. Engineer shall cease performing or furnishing sucM Additianal Services upon receipt of written notice from Qwner. Unless expressly indicated abave or in the speci�c Task Order to be included Basic Services,the following services are not Exhibit A—Engineer's Services—H25 Remediation Project ElCCfC• E-505,Agreemerrt Between Owner and Engineer far Professionai Services—Task Order EdRion. Copyright�2014 National Soaety of Prafessional Eng�eers,American Ca�r�af E�eneering Companies, and American Sodety of Civil Engineers. AU rights reserved. Page 12 inciuded as part of Basic Services and will be paid far by Qwner as Additionat Services, using the basis of compensation far Additional Services,as indicated in the specific Task Order. 1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner. � 2. Services in making revis'rans to Drawings and Specificatians occasioned by the acceptance of substitute materials orequipment other#han"ar equai"items;services after the award of the Canstruction Contract in evaluating and determining the acceptability of a proposed 'br equal" or substitution which is found to be inappropriate far the Project; evaluation and determination of an excessive number of praposed "ar equais" or ' substitutions,whe#her proposed before ar after award af the Construction Cantract. 3. Services resulting from significant deiays,changes,or price increases accurrin�as a direct or indirect result of materials,equipment,ar energy shartages. 4. Additionai or extended services arising from(a)the presence at the Site of any Canstituent af Concern or items af historical ar culturat significance, (b) emergencies or acts of God endangering the Work, (c) damage ta the Work by ftre ar other causes during constructian, (d) a significant amount af defective, negiected, ar delayed Work, (e) acceieration of the progress schedule invalving services beyond normal warking hours,or (f)default by Contractor. 5. Services(other than Basic Services during the Past-Construction Phasej in cannection with any partia!utilization af the Work by Owner prior to Substantiai Compietion. b. Evaluating unreasonabie or frivolous requests for interpretation or information (RFls), Change Proposals, or ather demands from Contractar or others in connection with the Wark,ar an excessive number af RFIs,Change Proposais,ar demands. 7. Reviewing a Shop Drawing or other Contractor submitta! more than three times, as a result of repeated inadequate submissions by Contractar. 8. While at the Site, compliance by Engineer and its staff with thase terms af Owner's or Contractor's safety pragram provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by Federal,State,or local safety autharities for simiiar construction sites. Exhibit A—Engineer's Servlces—H2S Remediation ProJect EJtOC• E-505,Agreement Setween Owner and Engineer for Professbnal Services—Task Order Edition. Capyright 6�2014 Nat�onal Soaety of Professional Engineers,American Council of Engineerin�Companies, and American Society af Civi1 Engineers. All rights reserved. Page 13 �� soLu�rTa�v No. R�s- A RESQLUTION APPRUVING THE TASK ORDER AUTHORIZING KADRMAS, LEE & JACKSON, INC. TU DESIGIY THE ADDITIUN OF A SLUDGE SCREW PRESS AND CUNVEYANCE SYSTEM F4R THE CITY QF LAUREL'S WASTEWATER TREATEMENT FACILITY. WHEREAS, the City of Laurel previausly executed an Agreement for Professional Services with Kadrmas, Lee &Jackson, Inc. {"KL&J")on L?ecember 5, 2017,via Resalution No. R17-69; and WHEREAS, the City of Laurel currently needs a wastewater treatment plant screw and conveyance system designed and installed at the City's wastewater treatment facility; and WHEREAS, the City's Engineering Firm, KL&J, prepared the Task Order for the design, selection and construction af the system as fully described within the attached Task Order with is incorporated herein by reference; and WHEREAS, the services to be provided and cast for such services are fully described in the attached Task Order. NOW, THEREFORE, BE IT RES(7LVED by the City Council of the City af Laurel, Montana, the attached Task Order authorizing t1�e services to be perforrned by KL&J far the City of Laurel is hereby approved and the Mayar is hereby autharized ta execute the attached Task Order Qn the City's behalf. Intraduced at a re,gular meeting of the City Council on February 20, 2018, by Cauncil Member PASSED and APPROVED by the City Council of the City of Laurel this 20`h day af February, 2018. A.PPROVED by the Mayor this ZOt"day af February, 2018. CITY OF LAUREL � Thomas C. Nelsan, Mayar ATTEST: Bethany Keeler, Clerk-Treasurer ! APPROVETJ AS TO FORM: Sam Painter, Civil City Attorney R18-_Approve Task Order for WTP Screw Press Kadrmas, Lee&Jackson, Inc. This is a Task Order for KU Project No.1804-00220, consisting of 4 pages,plus attachments. Task Qrder:Wastewater Treatment Plant Screw Press In accordance with Paragraph 1.01 of the A�reement Between Qwner and Engineer for Professionai Services –Task Clyder Edition,dated December S.2017{"A�reement"),Qwner and Engineer agree as foibws: 1. Background Data A. Effective Date of Task Order: February 20,2018 B, Owner: Ciry of Laure) C. Engineer: Kadrmas,Lee&Jackson,Inc.(dba"KU") D. Speciflc Project(title): Wastewater Treatment Ptant Screw Press E. Specific Project{description�: This project consists of the final selection of pracess equipment, design, and construc#ion phase services far the addition af a sludge screw press and conveyance system at the Owner's wastewater treatment facility. 2. Services af Engineer A. The specif're services to be provided or furnished by En�ineer under this Task Order are: Set farth in Part 1—Basic Services of Exhibit A, "Engineer's Seruices far Task Order;' madified for this specific Task Order,and attached to and incorporated as part of this Task Order. B. Resident Project Representative(RPR)Services-Nat Used C. Designing ta a Construction Cost Limit-Not Used D. Other Services-Nane E. All of the services included above comprise Basic Services for purposes af Engineer's compensation under this 7ask Order. 3. Additiana)Senrices A. Additional Services that may be authorized or necessary under this Task Order are: Set forth as Additiona! 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 Owner shall have those responsiailities set fnrth in Article 2 of the Agreement and in Exhibit B, subject to the following: Task Order Form-Wastewater Treatmerrt Plant 5crew F+ress E1CDt•E-505,Agreement Between Owner and Engineer for Professional Services-Task Order EdRion. Copyright�2Q14 National5odety of Profess�al Engin+eers,American Council of Engineering Companies, and America�Sa�ety of tivil Engineers. Ail rights reserved. Page 1 • Provide Engineer with access to the facilities,as needed,to complete the project. Provide requested information included existing (as-built) plans, plant and sludge data, and any prior completed sludge studies, reports and pilot studies. • Review preliminary reports and plans provided by Engineer. • Pay the cost of any review fees imposed by agencies having jurisdiction over the project. 5. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere,the parties shall meet the following schedule: � The Owner wishes to have the screw press operational by June 30, 2018. Engineer shall work in good faith to expedite the design and implementation process with the intent of achieving the desired operational date; however, both parties acknowledge that the lead time on equipment will be critical in the achievement of the desired schedule. • Owner will provide review comments, in writing, to Engineer for any draft deliverables submitted by Engineer. Owner will provide comments within 7-days of submission by 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(Part 1 of Exhibit A)* a. Study and Report Phase(A1.01) $25,000.00 Lump Sum b. Preliminary and Final Design Phase(A1.02, $52,000.00 Lump Sum A1.03) c. Bidding or Negotiating Phase(A1.04) $7,000.00 Lump Sum d. Construction Phase(A1.05) $15,500.00 Direct Labor e. Post-Construction Phase(A1.06) $4,500.00 Direct Labor TOTAL COMPENSATION(lines i.a-e) $104,000.00 See Above Schedule 2. Additional Services(Part 2 of Exhibit A) (N/A) Direct Labor *Based on a two-month continuous construdion period. Task Order Form—Wastewater Treatmerrt Plant Screw Press EICDC•E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright�2014 National Sodety of Profeuional Engineers,American Council of Engineering Companies, and American Society of Crvil Engineers. All rights reserved. Page 2 Compensation items and totals based in whole or in part an Hourly Rates or Direct Labor are estimates anly. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer's labor,averhead, profit, reimbursable expenses(if any),and Consultants' charges, if any. For lump sum items, Engineer may alter the distribution of campensation between individual phases(line items)to be consistent with services actually rendered,but shali not exceed the total lump sum compensatian amount unless approved in writing by the Owner. B. The terms af payment are set forth in Article 4 of the Agreement and in the appiicable governing provisions of Exhibit C, 7. Consultants retained as of the Effective Date of the Task Order: None 8. C1►ther Modificatians to Agreement and Exhibits: None 9. Attachments: Exhibit A—Engineer's Services for Task Order iQ.Other pocuments Incorporated by Reference: December 5, 2017 Agreement between Owner and Engineer far Professional Services, Task Order Edition � ; � I � � Task Order Facm—Wastewater Treatmerrt Ptant Screw Press EICDC"&SOS,Agreement Between flwner and Engineer for Professional Services—Task Order Editian. Gopyrigh#m 2014 National Sad+ety of Professional Engineers,American touncil of Engineering Companies, and American Sadety of Civil Engineers. All rights reserved. Page 3 . This is EXHIBIT A, consisting of 14 pages, referred ta in and part of the Task Order dated February 20,2018. Engineer`s Services for Task Order:Wastewater Treatment Plant Screw Press PART 1--BASIC 5ERVICE5 A1.01 Study and Report Phase Services A. As 8asic Services,Engineer shall: 1. Consult with Owner to define and clarify Owner's requ'trements for the Specific Project, including design abjectives and constraints, spaee, capacity and perfarmance requirements,flexibility, and expandability, and any budgetary fimitations, and identify availabie datar information,reports,facilities plans,ar�d site evaluatians. a. If Owner has already identified one or more potential solutians to meet its Specific Praject requirements, then proceed with the study and evaivation of such patential salutions: Durin� discussions between the Owner and Engineer, prior ta the Task �rder,the likely solutian was identified to inciude the addition of one screw press and ane conveyance system.The conveyance system is likely to be lacated betwaen the screw press and an overhead door,with a ratt off dumpster ta be lacated adjacent ta #he existing Thickener Building.The services pravided under this Exhibit are based an this potentia!solution. 2. Due to schedule limitations to get the screw press online,Owner has elected ta farego a pilot study for the proposed screw press.Owner has already completed an investigation af potential presses and will make a selection on which system it wishes Engineer to utilize for design purposes.Owner also acknowledges the patential that the system may require some post-construction optimization and adjustments (both following commissioning, and again once the sludge digesters have been rehabilitated and the system is stabiiized), with the resulting operations and maintenance costs dependent upon the type of chemica!feed system and required feed rates. Engineer shall not concern itself with the potential of increased operations and maintenance costs#rom the selection of the press withaut the completian of a pilot study,and instead should focus efforts to expedite the design,construction,and commissionin�of the facility. 3. E�ibk A—Engineer's Services—WastewaLer Treatment Plarrt 5crew Press EJCEi[• E-505,9,greemerrt Between Owner and Engineer far Professional Services—Task Order Editia�n. Copytight�2014 Natbnai Sadety a#Professionai Engineers,Ameriran Councii of E�inee�Mg Compani�, and Amerka�Society of Civil Engineers. All rights reserved. Page 1 11.Terrns and Conditians Exetution of tt�is Task Order by Owner and Engineer shatt make it subject to the terms and canditions of the Agreement (as madified above}, which Agreement is incorporated by this reference.Engineer is authorized to begin perfarmance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is February 20,2018. OWNER:City of Laurel,Montana ENGlNEER:Kadrmas,Lee&Jackson,inc. By: By: Print Name: Print Name: Title: Title: Engineer l.icense ar Firm's Certificate No.{if required): PEL-EF-LiC-37 State of: Montana ; DESlGNATED REPRESENTATIVE FC)R TASK t3RDER: DESIGNATEQ REPRESEN7ATIVE FOR TASK t)RDER: Name: Kurt Markegard Name: Travis lones Titie: Director of Public Works Title: Project Manager Address: PO Box 10,laurel,MT 59044 Address: PQ Bax 80303 Billin�s, MT 59108-0303 E-Mai) kmarke�ardC�laurel.mt.�ov E-Maii travis.jones@ktjeng.com Address: Address: Phone: 406-628-4796 Phone: 406-245-5499 Task Order fam—Wastewater TreatmeM Piant Suew Press EICDC'E-SdS,Agreement Between Owner and Engineer for Professianal Senrices—Task 8rder Edkion, Copyright�12014 National SodetY of Professi°na�EnBinee�s�Amer�can Council of Eng,Meering Companies, and qmgrkar►Sodety ot CivN Engineers. All rights reserved. page 4 � � � • � • i • � � � � • , � • 4. I 5. Facilitate a tour of a similar screw press installation. This tour is anticipated to be conducted at the Miles City wastewater treatment plant. 6. Evaluate potential sludge cake conveyance systems for the project,for transfer from the screw press to the exterior roll off dumpster area. 7. Develop a proposed conceptual floor plan for the project including the screw press, conveyance system and dumpster pad and cover if used.This project design will be based on Record Drawing of the Thickener Building. 8. Develop a draft design memo discussing the alternatives and recommendation for the I sludge cake conveyance system, the proposed floor plan and other modifications to the Thickener Building needed to complete this project. Provide the Owner with three copies of the Draft Design Memo. 9. Meet with the Owner to discuss the findings of the Draft Design Memo and incorporate input from the Owner into the Final Design Memo. The Final Design Memo will be the basis of final design of the project. 10. Provide the Owner with three copies of the Final Design Memo,which will be the basis for the remaining design efforts. B. Engineer's services under the Study and Report Phase wili be considered complete on the date when Engineer has delivered to Owner the Final Design Memo. E�ibR A—Engineer's Services—Wastewater Treatment Plant Screw Press EJCDC• E-505,AgreemeM Between Owner and Engineer for Professional Services—Task Order Edition. Copyright m 2014 Natbnal Sodety of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 A1.02 Preliminary Design Phase , A. As Basic Services,Engineer shalL• 1. Prepare Preliminary Design Phase documents consisting of preliminary drawings,outtine and written descri tions of the Specific Project. specifications, p 2. Provide the Owner with three copies of the 50%design, drawings and specifications for their review. 3. Meet with the Owner to review the 50% drawings and specifications and solicit the Owner's input prior to advancing on to the final design phase. B. Engineer's services under the Preliminary Design Phase will be considered complete on the date when Engineer has meet with and review the 50'�a drawings and specifications. A1.03 Fina/Design Phase A. As Basic Services,Engineer shall: 1. Prepare 95% Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Provide the Owner with a 95%design,drawings and specifications for their review. 3. Meet with the Owner to review the 95% drawings and specifications and solicit the Owner's input prior to advancing on to 100'�drawings and specifications. 4. Develop the 100% drawings and specifications. Provide the Owner with three copies of the of the 100%drawings and specifications. 5. Provide technical criteria,written descriptions, and design data for permitting submittal to the MT-DEQ. 6. Develop and deliver to the Owner an opinion of probable Construction Cost. B. Engineer's services underthe 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. E�ibit A—Engineer's Services—Wastewater Treatment PIaM Screw Press EJGDC• E-505,Agreemerrt Between Owner and Engineer for Professional Services—Task Order Edkion. CopyrigM�2014 National Soaety of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 A1.04 Bidding or Negotiating Phase A. As Basic Services, Engineer shall: 1. Assist Owner during the bidding process by developing an advertisement,printing of bid documents(Drawings and Specifications),distribution of bid documents,and maintaining a Plan Holders list. ' 2. Coordinate and facilitate a pre-bid conference. I 3. Prepare and issue Addenda, as appropriate to clarify, correct, or change the issued , documents. '� 4. Attend the bid opening, conduct a bid evaluation and prepare a recommendation of award to the Owner. B. The Bidding or Negotiating Phase will be considered complete upon the delivery of the recommendation of award.More than one iteration of this Phase is not included. A1.05 Construction Phase A. As Basic Services, Engineer shalL• , 1. Coordinate the execution of the Contract Documents between the Owner and Contractor. I 2. Genera/Administration of Construction Contract: Consult with Owner and act as Owner's representative as provided in the Construction Contrad. 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 Saeci�cations in effect at the time of a snecific 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. 3. Pre-Construction Conference: Coordinate and participate in a pre-construction conference prior to commencement of Work at the Site. E�ibR A—Engineer's Services—Wastewater Treatment Plant Screw Press E1CDC° E-505,Agreement Between Owner and Engineer for Professional Servlces—Task Order Edkion. Copyright�2014 National Sodety of Professional Englneers,American Council of Engineeri�g Companies, and American Society of Civil Engineers. All rights reserved. Page 4 4. Electronlc Transmittal Protocalr. If the Construction Contract Documents do not specify protocals for the transmittal of Project-related correspandence, documents, text, data, drawings,information,and graphics,in electronic media or digitat format,either directly, or through access to a secure Project website,then together with Owner and Contractor jointly develop such pra#ocols far transmittals between and among Owner, Cantractor, and Engineer during the Constructian Phase and Post-Construction Phase. 5. Origina/Dacuments; If requested by Owner to do so,maintain and safeguard during the Construction Phase at least one original printed record version af the Construction Contract Documents,includin�Drawings and Specifications signed and sealed by Engineer and other design professionals in accordance with applicable Laws and Re�ulations. Throughout the Construction Phase, make such original printed record versian af the Construction Con#ract Documents available to Contractor and Owner for review.Original Contract Documents shall be issued with a separate color spine or similar method of differen#iation,as coordinated with Owner. 6. Schedules: Receive,review,and determine the acceptability af any and alt schedules that Cantractor is required to submit ta Engineer, inciuding#he Fragress Sehedule, Scheduie of Submittals,and Schedule of Values. 7. Visits to Site and Observation of Constructian: In cannection wi#h observatians of Contractor's Work while it is in progress: a, Make up to six�6)visits to the Site at intervals appropriate ta the variaus stages of canstruction,as Engineer deems necessary,ta observe the progress af Contractar's � executed Work. Such visits and abservations by Engineer, are not intended to be exhaustive or to extend to every aspect of the Work or to invafve detaiied inspections � of the Work beyand the responsibilities specificaily assigned to Engineer in the ! Agreement,this Task Order, and the Construction Contract Documents, but rather are to be limited to spot checking,selective samplin�,and similar methods of general observation of the Work based on Engineer's exercise af professional jud�ment. ' Based on information obtained durin� such visits and observations, Engineer will determine in general if the Work is praceeding in accordance with the Construction Contract Documents,and Engineer shall keep Owner informed of the progress of the Wark. b. The purpose af Enginee�'s visits#a the Site,will be to enable Engineer to better carry aut the duties and responsibili#ies assigned to and undertaken by Engineer during the Construction Phase,and, in additian, by the exercise of Enginee�'s efforts as an experienced and qualified design professional,to provide for Qwner a greater degree of confidence that the completed Work will conform in general to the Construc#ion Contract Documents and that Contractar has implemented and maintained the integrity af 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 af such observations of the Work, supervise, direct, or have E�ibh A—Engineer`s Services—Wastewater Treatment PIarK Screw Press ElCDC* f-505,Agreemerrt Between Owner and Engineer for Professianal Services—Task Order EdRia�. Copyright�2414 Nationa!Sodety of Prafessional Engineers,Amerkan CouncN of Englneering Compani�, and American Society of Civil Engineers. All rights reserved. Page 5 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 Constructo�'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 Constructo�'s failure to furnish or perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. 8. 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. 9. 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 nonethel.ess 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. 10. Clarifications and lnterpretations: Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents(sometimes 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. 11. Field Orders:Subject to any limitations in the Construction Contract Documents,Engineer may prepare and issue Field Orders requiring minor changes in the Work. 12. 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. 13. 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. Exhibit A—Engineer's Services—Wastewater Treatment Plant Screw Press EJCDC' E-505,Agreemerrt Between Owner and Engineer for Professional Services—Task Order Edition. Copyright�2014 National Sodety of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 14. Non-reviewab/e matters: If a submitted matter in question concerns the Enginee�'s performance of its duties and obligations, or terms and conditions of the Construdion 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. 15. Shop Drawings,Samples,and OtherSubmittals: Review and take appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals, but only i 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 will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. 16. 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.O1.B.2 of this Exhibit A. ' 17. lnspections 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. 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. 18. Change Proposals and Claims:(a) Review and respond to Change Proposals. 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 E�ibit A—Engineer's Services—Wastewater Treatment Plant Screw Press EJCDC• E-505,Agreemerrt Between Owner and Engineer for Professional Services—Task Order EdRi�. Copyright�2014 National Soaety of Professional Engineers,American Counci)of Engineering Companies, and American Society of Chril Engineers. All rights reserved. Page 7 Engineer will not resolve the Change Proposal. (b) Provide informatian or data to Owner regarding engineering or technical matters pertaining to Claims. I9. Applications for Payment: Based on Engineer's observations as an experienced and qualified design professiona) and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractar be paid.Recommend reductions in payment (set-offs) based an the provisions for set-offs stated in the Canstruction Cantract.Such recommendations af 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 Constructian Contract Documents (subject to an evaivation of the Work as a functioning whole prior to or upon Substantial Compietion, to the results af any subsequent tests called for in#he Construction Cantract Documents, and ta any other qualificatians stated in the recommendation}, and the conditions precedent to Contractar's being entitled to such payment appear to F�ave been fut�fled in sa far as it is Engineer's responsibility to abserve the Work. In the case af � unit price work, Enginee�s recammendations of payment w':IE include final { determinatians of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Construction Contract Documentsj. 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 Wark as it is performed and furnished have been exhaustive,extended to every aspect af Contractor's Work in progress,or involved detailed inspections ofi the Work beyond the respansibilities specifically assigned to Engineer in the Agreement or this Task Order. Neither Engineer's review of Contractor's Work for the purposes of recornmending payments nor Engineer's recommendation of any payment induding fina!payment will impose an Engineer responsibility to supsrvise, direct, or control the Work,or for the means, methods, techniques, sequences, or procedures of canstructian or safety prscautions or programs incide�t thereto, ar Cantractar's compliance with Laws and Regulations applicable to Contracta�'s ; furnishing and perForming the Work. It will also not impose responsibility on � Engineer to make any examinatian to ascertain how or for what purposes Contractor has used the money paid to Contractor by Owner; to determine that titie to any portion ofthe Work,including materiais orequipment,has passed to Ownerfree and clear af any iiens,tlaims,security interes#s,or encumbrances;or tha#there may not be other matters at issue between Ctwner and Contractor that might affect tMe amount that shoufd be paid. 20. Contractor's Completton Ooeurraents: Receive from Cantractor, review, and transmit to Owner maintenance and operating instructians, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Construdion Contract E�ibk A—Engineer's Services—Wastewater Treatment Plarrt Screw Press E1CDC• E-585,Agreement Between Owner and Enpneer for Professianal Services—Task Order Editia�. Copyright�2624 Watianal Saciety o#Pr+ofessianal Engineers,Amerlcan Cauncil of Er�ineer�ng Campanies, and American Sadeky of Chtil Engineers. All rights reserved. Page 8 i Documents,certificates of inspection,tests and approvals,and Shop Drawings, Samples, and other data reviewed as provided under Paragraph A1.05.A.17. 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�nal payment. The extent of Engineer's review of record documents shall be to check that Contractor has submitted all pages. 21. 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. 22. Fina/Notice of Acceptability of the Work: Conduct a final visit to the specific Projed to I determine if the Work is complete and acceptable so that Engineer may recommend, in � writing,final payment to Contractor. ' 23. 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 wiH 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. 24. Start-up: Engineer will review operation and maintenance manuals submitted by the Contractor and will be on site during the equipment start-up and operator training. 25. Record Drawings:Engineer will develop Record Drawing for the project and submit to the MT-DEQ and two paper copies to the Owner along with one digital copy in PDF format. 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 Projed involves more than one prime contract as indicated in Paragraph A1.03.C, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, 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 fina)Construction Contract under the Task Order. E�fiibit A—Engineer's Services—Wastewater Treatment Plant Screw Press EICDC• E-505,Agreemerrt Between Owner and Engineer fa Professional Services—Task Order Edition. Copyright�2014 National Society of Professional Engineers,Amerlcan Council of Engineering Companies, and American Sodety of Civil Enginee�s. All rights reserved. Page 9 A1.06 Post-Construction Phase A. Upon written authorization from Owner during the Post-Construction Phase,as Basic Services, I Engineer shalL• 1. Together with Owner,visit the Project to observe any apparen#defects in the Work,make recommendations as to replacement or correction of defective Work,if any,or the need to repair 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. ', 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. PART 2—ADDITIONAL SERVICES A2.01 Additiona/5ervices Requiring on 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. Include the design of the replacement of one or both sludge transfer pumps in the lower level of the digester building, i 2. Full-time RPR Services. 3. Oversight of the screw press operations and chemical feed adjustments in order to optimize the performance(both the initial optimization and the subsequent optimization that will occur once the digester rehabilitation is completed),following the completion of the digester rehabilitation, once the WWTP operations have normalized from the reduction of sludge. 4. 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 E�fiibk A—Engineer's Services—Wastewater Treatment PIaM Screw Press EICDC• E-505,Agreemerrt Between Owner and Engineer far Professional Services—Task Order Edition. Copyright m 2014 National Sodety of Professional Engineers,American Councll of Engineering Companies, and Amerkan Sodety of Civil Engineers. All rights reserved. Page 10 statements; review and evaluatian af the effects on the design requirements for the Specific Project of any such statements and documents prepared by others; and assistance in abtaining approvals of authorities having jurisdiction over the anticipated environmentai impact of the Specific Praject. 5. Services to make measured drawings o#existing conditions ar facilities, to conduct tests ar investigatians of existing canditions or#acilities, or to verify the accuracy of drawings ` or other informatian furnished by Owner or others. , i 6. Revisions ar additions when such revisions ar additions are inconsistent with approvals or � instructions previausly given. 7. Services resulting fram significant changes in the scope, extent, or character of the portions of the Specific Project designed or specified by Engineer,or the Specific Praject's desi�n requirements, includin�„ but nat limited ta, changes in size, complexity,Owner's schedule, character of construction, ar method af financing; and revising previously � accepted studies,reports,Drawings,Specifications,or Constructian Contract Documents i when such revisions are required by changes in l.aws and Regulations enacted subsequent � #a the Effective Date of the Task Order ar are due to any other causes beyond Engineer's control. 8. Services resulting from Owner's request to evaluate additianal Study and Report Phase aiternative solutians beyond those agreed to herein. 9. Services required as a result of Owner's praviding incomplete ar incorrect Spec�c Praject information to Engineer. � 10. Providing renderings or madels for Owner's use,including services in support ot building information modeling or civil integrated management. 11. Undertakin$investigations and studies including,but not limited to: a. detailed cansideratian af operations,maintenance,and ouerhead expenses; b. based an the engineering and technical aspeds of the Project, the preparation of feasibility studies(such as those that include prajections af autput capacity, utility praject rates, project market demand,ar praject revenues)and cash flow analyses, provided that such services do not include rendering advice regarding municipal financial products or the issuance of municipal securities; c. preparation of appraisals; d, evaluating processes available for licensing,ar�d assisting Owr�sr in obtaining process licensing; e. detailed quantity surveys of materials,equipment,and labor;and E�Ibit A—E�gineer's Services—Wastewater Treatment Plarrt Screw Press E1CDN E-S�,Agreement Between Owner and Engineer for Professional Services—Task Order EdRia�. Copyrigfit#12Q34 Natio»ai Society o#Professfonai Engineers,American Council of Enghteering Companies, and American Society of Civil Engineers. All rights resenred, Page 11 .�..�.�� f. audits or inventories required in connection with construction perfarrrred or furnished by Owner. 12. Fumishing services af Cansultants for other than 8asic Services, 13. Providing data or services of the types described in E�chibit B, when Owner retains Engineer to provide such data or services instead of awner furnishing the same. 14. Providing the following services: a. Servites attributable to more prime constructian contracts than specified in Paragraph A1.03.0 or the specific Task Order. b. Services to arrange far performance af constructian services for Owner by cantrac#ors other than the principal prirr�e Contractar, and administering Owner's contract for such services, 15. 5ervices durin�out-af-tawn travel required af Engineer,other than for visits to the Site or Owner's office as required in Basic Services. 16. Preparing for, caordinating with, participating in and respanding to structured independent review processes,inctuding, but not limited ta,canstruction management, cost estimating, project peer review, value engineering, and constr-iactability review requested by �wner; and perfarming or furnishing seruices required to revise studies, reporks,Drawings,Specifications,or ather documents as a result of such review processes. ( � 17. Preparing additianal bidding-related documents {or requests far proposals or other ' cnnstructian procurement documentsa ar Construction Contract Documents for alternate bids or cost estimates requested by Owner for the Work or a portion thereof. 18. Assistance in connectian with bid protests, rebidding, or renegatiating contracts for construction,materials, equipment,or services,except when such assistance is required to complete services required by Paragraph 5.02.A and Exhibit F. � 19. Preparing conformed Construction Contract Documents that incarporate and integrate ( the content of all Addenda ar�d any amendments negotiated by Owner and Contractor. i 20. Providing Construction Phase services beyond the ori�inal date for completion and ' readiness for final payment of Contrac#or, but only if such services increase the tota( quantity of services to be performed in the Construction Phase, rather than merely ' shifting performance of such services to a later da#e. 21. Suppiementing Recard Drawings with infarmatian regardin�the compieted Project,Site, and immediately adjacent areas obtained fram field abservatians, Owner, utility companies,and other reliable sources. , E�ibR A—Engineer's Services—Wastewater Treatment Plarrt Screw Press E1CDC• E-505,Agreemerrt Between Owner and Engineer for Professiona#Services—Task Order Editian. Capyright�2014 Nationai Socie#fr of Professionai Engf�eer's,American touncii of Engineering Campar�s, and American Sodely of Civil Engineers. AU r�hts reserved. Page 12 22. 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. 23. Preparation of operation,maintenance,and staffing manuals. '' 24. Protracted or extensive assistance in refining and adjusting of Project equipment and systems(such as initial startup,testing,and balancing). 25. Assistance to Owner in training Owne�'s staff to operate and maintain Specific Project equipment and systems. 26. Assistance to Owner in developing systems and procedures for(a)control of the operation and maintenance of Project equipment and systems,and(b)related recordkeeping. 27. 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. 28. Providing construction surveys and staking to enable Contractor to perform its work and any type of properry surveys or related engineering services needed for the transfer of interests in real property;and providing other special field surveys. 29. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 30. Excessive services during any correction period,or with respect to guarantees called for in the Construction Contract(except as agreed to under Basic Services). 31. Provide assistance in responding to the presence of any Constituent of Concern at any Site, in compliance with current Laws and Regulations. 32. 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 rypes 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. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner. E�ibk A—Engineer's Services—Wastewater Treatment PIaM Screw Press EJCDC• E-505,Agreemerrt Between Owner and Engineer for Professional Services—Task Order Editiai. Copyright�2014 National Sodety of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 2. Services in making revisions to Drawings and Specifications occasianed by the acceptance af substitute materials or equipment other than"or equal"items;services after the award of the Construction Cantract in evaluating and determining the acceptability of a proposed "or equai" 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 ar after award of the Canstructian Cantract. 3. Services resulting fram significant delays,changes,or price increases occurring as a direct or indirect result of materials,equipment,or energy shortages. 4. Additional or extended services arising from{a)the presence at the Site of any Constituent of Concern or items of historical ar cultural signi�cance, (b) emergencies or acts af God endangering the Work, (c} damage to the Work by fire or other causes during constructian, (d) a significant amount of defective, neglected, ar delayed Work, (ej acceleration of the progress scheduie involving services beyand normal working hours,or (#}defautt by Contractor. 5. Services(other than Basic Services during the Post-Construction Phase)in connection with any partial utilizatian af the Work by t�wner prior to Substantiai Compietion. 6. Evaluating unreasonable or frivolous requests for interpretation or information {RFIs), Change Prapasals, or other demands from Contractar or o#hers in connection with the Work,or an excessive number of RFIs,Change Proposals,or demands. 7. Reviewing a Shop Drawing or other Contractar submittal more than three times, as a � result of repeated inadequate submissions by Contractor, % 8. While at the Site, compiiance by Engineer and its staff with those terms of Qwner's or ! Contractor's safety program pravided La En$ineer subsequent to the Effective Date that ' exceed those narmally required of engineering personnel by Federal,State,or loca!safety autharities for similar canstruction sites. H�ibit A—Engineer's Servioes—Wastewater Treatment Plarrt Screw Press E3CDC• E-505,Agreemerrt Between Owner and Engineer for P'rofeui�mai Services—Task Orde�Edition. Copyrigbt�2024 Nat3a�a1 Sodety af Pmfessiona(Engineers,American Councll of Engineering Gompanies, and American Sodety of Civ31 Engineers. All rights reserv+ed. Page 14 �.� �� i Process for Obtaining Local Funds under HB 473 (Bridge and Road Safety and Accountability Act) HB 473(Rep.Frank Garner),passed by the 65�h Legislature and signed by Governor Bullock on May 3,2017,provides for a graduated increase in the motor fuel tax by fiscal year 2023 (6 cents in gasoline/2 cents in dieseI). Each fiscal year, 35% or $9.8 million of the proceeds (whichever is greater) is allocated to the Montana Department of Transportation (MDT) and the remainder(approximately$21 million by FY2021) is allocated to local governments through a new a Bridge and Road Safety and Accountability Program (BaRSAA). T'his guidance document provides a roadmap of the process local governments will follow to obtain these new BaRSAA funds. Allocation of Revenues Collected The allocation of the motor fuel tax revenues refers to the MDT calculation of and notification to local governments of the amounts available for each entity on an annual basis. Under HB 473,MDT will begin to assess the new tax on July 1,2017. Fuel that is distributed in a month is reported to MDT on the 25�h of the following month,and the tax on that fuel is then collected 5 days later. Therefore, the first allocation of funds by NIDT on March 1, 2018 will consist of the additional motor fuel tax revenues collected for July-October, 2017 ("FY2018 BaRSAA funds"). Every year thereafter, the allocation will consist of a full 12 months of collections. MDT will allocate the collected funds to cities, towns, counties, and consolidated city-county governments using the same ratios used to distribute existing motor fuel tax revenues to local governments through the highway restricted account as set forth in Section 15-70-101(2)(b), (2)(c), and (3), MCA. The new funds will be held in a separate BaRSAA account until distributed. Distribution of BaRSAA Allocation The distribution of BaRSAA funds refers to the actual disbursement of allocated or reserved BaRSAA funds from MDT to local governments. Beginning March 1, 2018, local governments may request distribution of their allocation from MDT. Local governments must match all distributions from the BaRSAA account with a minimum 5%funding match. MDT is currently planning to use the WebGrants online application system to accept requests for distribution of BaRSAA allocations by local governments.This system will allow for electronic entry of the information necessary for the distribution of funds to local governments. A request for the distribution of funds must include: � (a) the amount of funding sought(up to but not exceeding the amount allocated for that year; ;� (b)copy of an adopted resolution to request and accept the funding by the governing body, identifying the source of the matching funds for the allocation(a template resolution is attached); and (c) a description of the project or projects to be funded. BaRSAA funds can be used: (a) to pay for the construction, reconstruction, maintenance, and repair of rural roads, city or town streets and alleys,bridges,or roads and streets that the city,town,county,or consolidated city-county government has the responsibility to maintain;or (b)as the match for federal funds used for the construction of roads and streets that are part of the national,primary, ': secondary, or urban highway systems, or roads and streets that the city, town, county, or consolidated city- ,' county government has the responsibility to maintain. The local government may request that MDT credit its BaRSAA allocation towards its local match for a federally funded project administered by MDT. BaRSAA funds can be used to pay project costs incurred during the same fiscal year in which they are distributed. BaRSAA funds cannot be used to purchase capital equipment. Matching local government funds can be obtained from any source except the regular gas tax allocation in 15-70-101, MCA. Potential matching fund sources include local funds shown as a budgeted expense, including general funds; special district assessments; or state or federal funds, grants,or loans. 9/25/20t7 Requests for distributian of FY201$ BaRSAA funds must be made between March 1 and November l, 2018 (every March 1 to Navember I thereafter for the annual BaRSAA allacation}. Qbli�ation or Savius of BaRSAA Funds The obligation of funds by a local government occurs when the funds are cammitted to a project, either through a contract or inclusion as an authorized project expenditure in the adopted annual budget Once the local government obtains its distribution of FY2Q18 BaRSAA funds, it may either obligate the funds or place the funds and the corresponding matching funds in a restricted asset accaunt within the motor fuel tax apportionment to be carried farward until the funds are obtigated. �i Lacal governrnents must obligate the FY2018 BaRSAA funds by March 1, 2023 (every March I thereafter, S years after each annual allacation is made}. The intent of the law is that lacal gavernments will use BaRSAA fiznds in a timely manner ta demonstrate impravements to road infrastructure accurring as a result of the passage of HB473. Local governments must follow applicable competitive bidding requirements when entering into contracts that exceed the thresholds provided for in 7-5-2301,MCA and 7-5-43�2,MCA(cunently$80,Q00). Reservatian of BaRSAA Allocallon Reserve means a local government's request, by resolution, that allocated BaRSAA funds will not be distributed by MDT far up to two years. If a city,town,county,or cansolidated city-county goveznment is unable to provide the 5% match required to request a distribution af its BaRSAA fitnds,it may instead request to reserve the funds. To request a reservatian af funds, the local goyernment must submit a copy af an adopted resolution ta request ta reserve the funds. MDT is aiso currently planning to use the WebGrants oniine applieation system to accept requests for reservation of BaRSAA funds. Once a local government obtains the required 5°lo tnatching funds, it may request distribution of the funds- and any eligible reserved funds fram prior years-beginning the following March l,as set forth abave. The local gavernment must request the distribution of reserved funds by November 1 af the fiscal year 2 years after the request to reserve the � funds, or its BaRSAA allocation is forfeited and added ta the account for allocation among all the local governments during the next allocation, ' Requests for reservation of FY20I 8 BaRSAA funds must be made between September l,2018 and November l,2018 (every September 1-Navember 1 of the fiscal year after the fiscal year in which BaRSAA funds are ailocated). Annual Re�orts and Remainin�Fnnds � Local gavernments must submit an annual report ta MDT that pravides an update on all approved projects,describes any changes to the list of projects funded with BaRSAA rnonies, and final praject costs, if known. When a praject funded by BaRSAA manies is campleted,the lacal government will indicate on its final annual report that the project � has been completed.Annual reports for the previous fiscal year will be due to the MDT by December 31 of each year, to align the BaR.SAA reporting deadline with that required for local govemment annual financial reports to the Department of Administration in 2-7-503,MCA. If any BaRSAA funds abligated to a project remain unspent upan praject completion,the lacal gavemment must notify I MDT within 94 days af praject completion that the lacal government intends to use the funds for additional projects ; within the 5-year time period for use of the funds, or intends to remit any unused funds to MDT. Funds remitted to ' MDT are added to the BaRSAA account for allacation among all the]ocal gavernments during the next allacation. ' MDT is required to establish a website where the projects funded with BaRSAA allocations will be identified for each local governrnent. To facilitate this transparency af information, MDT is currently planning to use the WebGrants online application system to accept annuai and unspent funding reports. 9/25J201� #1 A RESOLUTIQN REQUESTING DISTRIBUTION C1F BRIDGE AND RUAD SAFETY AND ACCOUNTABILITY PROGRAM FUNDS WHEREAS, the Bridge and Road Safety and Accountability Account created by HB 473 requires the Montana Department af Transportation ta allocate accrued funds to cities, towns, caunties, and consolidated city-county governinents �or construction, reconstruction, j maintenance, and rexrair of rural roads, city ar town streets and alleys, bridges, or roads and ; streets that the city, town, county, ar consolidated city-county governrnent has the responsibility ' to maintain, and, � WHEREAS, a city, tawn, county, or c�ansolidated city-county governrnent that requests funds under the Bridge and Raad Safety and Accountability Account must match each $20 requested with$1 of local government rnatching funds; and, WHEREAS, a city, town, county, or consolidated city-county government requesting distribution of allacated funds may make such a request to the Department of Transpartation between March 1 and Novernber 1 af the year the funds were allacated; and, WHEREAS, a descriptian of the projects to be funded (or the money used to match federal funds) are detailed in Appendix A [attach project list)�; and, WHEREAS, the local match for the allocated funds are identified in Appendix B [attach capy of appraved roadlbridge expenditures from current year operating budget). THEREFCIRE, NC1W BE IT RESCiLVED THAT: l. [CitylTowrz] of requests distribution af its share of the allocated Bridge and Road Safety and Accountability funds ta be used for the projects identified in Appendix A. � 2. That , the [insert nameltitle af person authorizedj of the [CitylTown] of is hereby empawered and autharized to execute such further documents as may be necessary ta facilitate the distribution af said funds. Adopted this day of ,2018• I ; ', Mayar , ATTEST: Clerk of the [CitylTowr�] of Gas Taxes There are two different gas tax allocations and neither of them are General Fund revenues. Fund 2820—Gas Tax(pa�e 110 of the bud�et) The first gas tax is associated with MCA 15-70-101(2). This allocation is set for the City of Laurel annually based on road mileage. The total amount the City receives annually is then divided into 12 equal installments, and deposited electronically into the City bank account. For Fiscal Year 2018 the annual amount was$125,539.44. These monies are posted to fund 2820—Gas Tax. Monies in this fund may be used for construction, reconstruction, maintenance and repair of rural roads or city or town streets and I alleys. The City may also use these monies as their matching funds for Federal grant funding being used for construction of roads or streets that are part of the primary or secondary highway system or urban extensions to those systems. These monies may be used at the discretion of the City as long as they are used for allowed expenditures. Fund 2821—HB 473 Gas Tax(pa�e 112 of the bud�et) The second,and newest,gas tax is associated with House Bill 473. Fiscal Year 2018 is the first year this gas tax has been available to the City of Laurel. The monies associated with this gas tax must be used for the same expenditures as the first gas tax but obtaining the funding is very different. These monies I must be requested after March 1,2018 and each March 1 thereafter, by resolution. There is also a 5% match associated with these monies. The 5%match from the City can come from any fund,other than fund 2820—Gas Tax. The requests for distribution of funds must be made prior to November 1 of each year. A sample resolution of distribution is included in this packet. The City must submit an annual report that provides information on approved projects,changes to the list of projects funded and final project costs. At the end of a project any unused funds must be remitted back to the department or the City must notify the department of the intent to use the funds for additional projects within 90 days. These monies are treated more like grant dollars. All monies pertaining to this gas tax are posted to fund 2821—HB 473 Gas Tax. At this time it is unclear what amount the City can request for Fiscal Year 2018. Both the Mayor and I will be attending training this month on this gas tax. Please see handout titled "Compliance Supplement for Audits of Local Government Entities" for a detailed description of both gas taxes. If you have any additional questions please email me cityclerk@laurel.mt.gov call me (406) 628-7431 extension 2 or come by and see me. Bethany Keeler, Clerk/Treasurer COMPLIANCE SUPPLEMENT FOR AUDITS OF LOCAL GOVERNMENT ENTITIES ' . • . . GASOLINE TAX APPORTIONMENT !� REVISION DECEMBER 2017 REF:TRA1 ' INFORMATION CONTACT: Montana Department of Transportation(MDT) Ed Ereth(406) 444-6111 Contents PROGRAM OBJECTIVES � ............................................................................................................ 2 PROGRAMPROCEDURES.......................................................................................................... 2 ALLOWED USE OF GASOLINE TAX APPORTIONMENT MONIES..................................... 2 RESTRICTION ON PURCHASE OF CAPITAL EQUIPMENT.................................................. 3 BIDDINGREQUIREMENT.......................................................................................................... 4 ADDITIONAL ALLOCATION OF GAS TAX-SPECIAL ROAD/STREET ALLOCATION PROGRAM..................................................................................................................................... 4 Montana Compliance Supplement I - J Rev-December 2017 TRAi-Gasoline Tax Apportionment Pa�e 2 of 6 I See MACo's website at http://www.mtcounties.or�/. See "Recent Resources"in the right-hand side-bar to link to the county fuel tax allocations. PROGRAM OBJECTIVES The State distributes a portion of the gasoline taxes collected by the State to counties, cities, towns, and consolidated city-county governments to be used for construction,reconstruction, �� maintenance, and repair of rural roads and city or town streets and alleys. MCA 15-70-101(2) PROGRAM PROCEDURES The funds are distributed monthly by Montana Department of Transportation(MDT)to counties, ' cities and towns, and consolidated city-county governments. MCA 15-70-101 specifies the total amount to be distributed annually, as well as the method of allocation(based on road mileage, population, and land area). Note: At the same time that MDT distributes these gasoline tax apportionments (MCA 15-70- 101), MDT also distributes fuel allocations for State public transportation funds (MCA 7-14- 102). In the payment message section of the warrant,the total amount is separated by each of the allocations. ' See�://www.mdt.mt.�ov/business/fueltax/allocations.shtml for additional information. Loca1 governments may use fund 2820 and revenue account 335040 for balances and revenues received from the standard MDT Gas Tax Allocation Program. ALLOWED USE OF GASOLINE TAX APPORTIONMENT MONIES All funds allocated to counties, cities, and towns, and consolidated city-county governments must be used for the following: 1. construction, reconstruction, maintenance, and repair of rural roads or city or town streets and alleys, or 2. for the share that the city, town, county, or consolidated city-county governments might otherwise expend for proportionate matching of federal funds allocated for the construction of roads or streets that are part of the primary or secondary highway system or urban extensions to those systems. MCA 15-70-101(4) A city may use its gas tax allocation to construct streets and highways, and because a highway is defined as including "drainage structures", the city may use its share of gasoline tax allocation for construction of storm sewers and drains in and under city streets for removal of runoff water. Montana Compliance Supplement I , ' � Rev-December 2017 TRA1-Gasoline Tax Apportionment Pa�e 3 of 6 The city may also place the money allocated in a sinking fund used to pay general obligation ; bonds sold to finance construction of those sewers, as the only statutory restriction on the use of the funds is that the funds must be used exclusively for city streets.Nor do the statutes governing municipal financing prohibit the use of such money in a sinking fund for general obligation bonds. AGO #19, Vol. 40 If a city contracts for street construction work to be paid exclusively from gasoline tax revenue received from the state, the indebtedness is considered part of the city's general debt limitation under 7-7-4201 unless the conditions of some specific exception are otherwise met. AGO #120, Vol. 42 Suggested Audit Procedure Test disbursements of gasoline tax moneys to determine if the funds were used only for the purposes described above. Note: State law does not specify a fund in which gasoline tax moneys should be deposited, although the expenditure restrictions require that the local government document the appropriate expenditure of these moneys. BARS Special Revenue Funds No. 2820 (Gas Apportionment Tax) or No. 2110 (County Road) should be used.) RESTRICTION ON PURCHASE OF CAPITAL EQUIPMENT Gasoline tax moneys may not be used for capital expenditures, except that towns and third-class cities, as defined in MCA 7-1-411 l, may each year expend no more than 25%of the funds allocated to that town or third-class city for the purchase of capital equipment and supplies to be used for the maintenance and repair of the town's or city's streets and alleys. MCA 15-70-101(4) & (8) Capital Reserve for Towns & 3�d Class Cities: The governing body of a town or third-class city may place all or a part of the 25% in a restricted asset account within the a� s tax �portionment fund that is carried forward until there is a need for the expenditure. MCA 15-70-101(4) Suggested Audit Procedures Test expenditures in counties, first and second-class cities, and consolidated governments to determine that no gasoline tax moneys were used for the purchase of capital equipment. Test expenditures in third-class cities and towns to determine that not more than 25% of the funds allocated to the city or town were used for the purchase of capital equipment and supplies to be used for the maintenance and repair of streets and alleys. If a third-class city or town did not expend the entire 25%of its annual allocation on capital outlay during the year, determine that any remaining balance of that 25%was transferred to a Montana Compliance Supplement - ` � Rev-December 2017 TRA1-Gasoline Tax Apportionment Pa�e 4 of 6 restricted cash account. Any unexpended balance not restricted in this manner may not be used in subsequent years for capital purposes. BIDDING REQUIREMENT ' If a contract for maintenance, construction, reconstruction, or repair of roads, streets or alleys is in excess of the amounts provided in 7-5-2301 and 7-5-4302—see below and is to be paid with gasoline tax moneys, the contract must be awarded to the lowest responsible bidder according to applicable bidding procedures. MCA 15-70-101(5) Contracts in excess of$80,000 must be let to the lowest responsible bidder after advertisement ' for bids. MCA 7-5-2301(county); MCA 7-5-4302 (municipalities) Note: The court construed the provision to mean that the local government may do the work itself or contract it out by bid. Numerous other statutes relating to construction and repair of roads authorize the local government to do the work itself. It would not be reasonable to assume that only construction and repair funded by gas tax dollars must be contracted out. Attempts to require this by legislation in 1979 and 1985 failed, and the failure is significant. Finally, the entities administering that provision have for 12 years interpreted it to mean that a local government may do the work itself and must follow the provision only if the work is contracted out. Mont. Contractors' Ass'n, Inc. v. Dept. of Highways, (1986). Suggested Audit Procedures If a contract for maintenance, construction, reconstruction or repair of roads, streets, or alleys is in excess of the bidding threshold amount currently in effect and is paid with gasoline tax moneys, review bidding procedures and determine that funds were disbursed to the lowest bidder according to applicable bidding procedures. Obtain the total cost for selected projects to determine if proper bidding procedures were followed for projects that are in excess of the bidding threshold amount currently in effect, and that the above bidding requirement was not circumvented by dividing single projects costing in excess of that amount into smaller projects costing less than that amount. ADDITIONAL ALLOCATION OF GAS TAX- SPECIAL ROAD/STREET ALLOCATION PROGRAM Effective July l, 2017: Gas Tax Road Construction and Maintenance Match Program: (1) There is a local government road construction and maintenance match program to provide funding to cities,towns,counties, and consolidated city-county governments for construction, reconstruction,maintenance, and repair of rural roads, city or town streets and alleys, and bridges as provided in this section. (2) The department of transportation sha11 allocate funds provided for in 15-70-127(2)(b) collected between January 1 and December 31 of the previous year. The first allocations must be made by March l, 2018, and allocations must be made each March 1 thereafter. The Montana Compliance Supplement � ' �Rev-December 2017 TRA1-Gasoline Tax Apportionment Pa�e 5 of 6 funds provided for in 15-70-127(2)(b) are statutorily appropriated,as provided in 17-7-502, to the department and must be allocated to cities,towns, counties,and consolidated city- county governments in the same proportion and using the same ratios provided for in 15-70- 101(2)(b), (2)(c), and (3). I (3) A city,town, county, or consolidated city-county governrnent that requests funds under this � section shall rnatch each$20 requested with$1 of local government matching funds. The !, funds distributed in 15-70-101(2)may not be used as matching funds. The matching funds must be used along with the requested funding for conshuction,reconstruction,maintenance, or repair of rural roads, city or town streets and alleys,or bridges. (4) A city,town, county, or consolidated city-county government may request a distribution of allocated funds by submitting a request to the department of transportation between March 1 and November 1 of the year the funds were allocated. The request must include: (a) the amount of funding sought, which may not exceed the amount allocated for that Ye�'� (b) a copy of an adopted resolution to request and aceept the funding by the governing ', body of the city,town, county, or consolidated city-county government. The ' resolution must identify the source of the matching funds required under subsection �3)• (c) a description of the project or projects to be funded, which must be for construction, reconstruction,maintenance,or repair of rural roads, city or town streets and alleys, or bridges, as a match for federal funds used for the construction of roads and streets that are part of the national,primary, secondary, or urban highway systems, or roads and streets that the city,town, county, or consolidated city-county government has the responsibility to maintain. (5) A city,town, county, or consolidated city-county government receiving funds under this section shall award construction projects that exceed the thresholds provided for in 7-5-2301 and 7-5-4302 in a competitive bid process. (6) Except as provided in subsection(9),the deparhnent of transportation shall distribute the funds to the city,town, county, or consolidated city-county government for any request for funds that meets the requirements of subsection(4). (7) Funds not distributed pursuant to this section must remain in the account provided for in 15- 70-127 and be used forthe local government road construction and maintenance match program in future years. (8) A city,town, county, or consolidated city-county government that receives funding distributed under this section may place a11 or a part of the funds and the corresponding matching funds in a restricted asset account within the gas tax apportionment fund that is carried forward until there is a need for the expenditure. The city,town, county, or consolidated city-county government shall obligate the funds by March 1, 5 years after the year in which the funds were distributed or would have been distributed if not reserved pursuant to subsection(9). Funds not obligated within the 5-year period must be returned to the department and deposited in the account provided for in 15-70-127 and used as provided in 15-70-127(2)(b). (9) The share of funds allocated to a city,town, county, or consolidated city-county government as provided in subsection(2)may be reserved for the city,town, county, or consolidated city- county government for up to 2 years if the city,town, county, or consolidated city-county government is unable to match the funds as required by subsection(3). To reserve the funds, Montana Compliance Supplement � ' � Rev-December 2017 TRA1-Gasoline Tax Apportionment Pa�e 6 of 6 the city,town, county, or consolidated city-county government shall adopt a resolution as provided in subsection(4)(b) and submit a request to reserve the funds by November 1 of the year after the year in which the department allocated the funds. If the city,town,county, or consolidated city-county government does not request distribution of the funds by November 1 of the fiscal year 2 years after the request to reserve the funds,the funds must be deposited in the account provided for in 15-70-127 and used as provided in 15-70-127(2)(b). I (10) A city,town, county, or consoiidated ciTy-county government sha11 submit an annual i report to the department providing information on approved projects, changes to the list of , projects funded, and final project costs. , (11) Within 90 days of completion of a project, a city, town, county, or consolidated city- county governmenfi shall notify the department of the intent to use the funds for additional projects within the time period provided for in subsection(8) or to remit any unused funds to the department. The unused funds must be deposited in the account provided for in 15-70- 127 and used as provided in 15-70-127(2)(b). MCA 15-70-130 See http://www.mdt.mt.gov/roadbridge/and http://www.mtcounties.or�/resaurces/fiscal- information-forms/brid�e-and-road-safety-and-accountability-act-barsaa for additional information. Local governments may use BARS fund 2821 and BARS revenue account 335041 for balances and revenues received from the 5pecial Road and Street Maintenance and Construction Allocation/matching Program Montana Compliance Supplement CITY HALL - • � � �� 5 W.�st.S�. it o au � '�p�Mrr� . PUB WORKS:628 4796 �� PWD FAX:628-2241 WATER OFFICE:628-'7431 P•O. Box 10 WTR FAX:628-2289 Laurel,Montana 59044 MAYOR:628-8456 ' DEPARTMENT ' MEMORANDUM To: City Council From: Mayor Thomas Nelson Date: February 13,2018 Re: Committee/Board Minutes Recently I have reviewed the Committee/Board minutes that are "outstanding."Outstanding is de�ned ' as the meeting has occurred, but has not been sent to Council via the Consent Agenda. It has been brought to my attention some Committee/Boards are waiting until their next meeting to approve the minutes before submitting them for the Consent Agenda.This practice delays Council from seeing those minutes for approximately a month and a half,to facilitate the prompt communication from each Committee/Board,the following requests are made: 1. Committees/Boards submit their minutes to the Administrative Assistant within two weeks after the meeting. 2. The Administrative Assistant will place these minutes on the following Consent Agenda. 3. Committees/Boards will still take the minutes to their following meeting for approval. 4. In the event,the Committee or Board corrects those minutes will be placed on the Consent Agenda listed as the "revised minutes of(Committee/Board Name)." This memo will be distributed to each of the Committees and Boards. Please assist in the implantation of ' this process within the Committees/Boards in which you reside on. If you have any questions or concerns, please feel free to contact me at City Hall. Dated this 13th day of February 2018. L�%�� Thomas C. Nelson, Mayor TCN/bm City of Laurel is an EEO Employer Equal Housing Opportunity � ; I � Kenneth C Gomer j 204 Foundation Ave, Laurel MT 59044 Laurel Montana City County Planning Board Please consfder me for the City County Planning Board of Laurel MT. t was born and raised in laurel and graduated from Laurel High Sthool. During my working life, € have completed college classes and a tremendous number of technical training classes. i am very active in the laurel Comrnunity. I served on the Town Counsel in Bridger Montana for 18 years and 15 plus on the Board of eeartooth RC&D. i have seen what poor planning does to srnall sub divisions a�d the positive results that good planning can bring to a communit��. I I Thank you for your consideration! � Sincerely _-'.,�;f:=zty �.��. i �nneth C Go�er �I 406-702-5919 I ken@kgome�.com � �i ,' NEXT RES.NO.R18-06 �� NEXT ORD.NO.018-01 CITY OF LAUREL CITY COUNCIL AGENDA TUESDAY—FEBRUARY 20, 2018—6:30 P.M. _ 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 jor any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter oJCity 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 agenda 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. Anyperson who has any question concerning any agenda item may cadl the City Clerk-Treasurer's o�ce 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. 1. Pledge of Allegiance. 2. Roll Call of the Council. ' 3. Approval of Minutes of February 6, 2018. , 4. Correspondence. • Laurel Chamber of Commerce minutes of January 11, 2018; Laurel Chamber of Commerce agenda of February 8, 2018. 5. Council disclosure of ex parte communications. � 6. Public Hearing. 7. 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. a. Claims for the month of February 2018. � b. Clerk/Treasurer Financial Statements for the month of January 2018. c. Approval of Payroll Register for PPE 2/11/2018 totaling$178,318.24. d. Receiving the CommitteeBoard Minutes into the Record. I 1) Budget/Finance Committee minutes of February 6,2018. 2) Revised Council Workshop minutes of January 30,2018. 3) Council Workshop minutes ofFebruary 13,2018. 4) Tree Board minutes of January 18,2018. 5) Safety Committee minutes of December 13,2017. 8. Ceremonial Calendar. 9. Reports of Boards and Commissions. 10. Audience Participation (Three-Minute Limit). i Citizens may address the Council regarding any item oJCity 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. 11. Scheduled Matters. a. ConfirmationofAppointments. i. Ken Gomer to fill the term ending June 30, 2019 on the City-County Planning Board. b. Resolution No. R18- : A resolution of the City Council approving a modification to the previously approved perpetual easement for CHS Inc. to construct and maintain a new wastewater outfall across city-owned property and authorizing the mayor to execute the easement on the City's behalf. c. Resolution No. R18- : A resolution approving the on-call task order authorizing Kadrmas, ' Lee&Jackson, Inc. to perform miscellaneous engineering and related services for the City � of LaureL d. Resolution No. R18- : A resolution approving the task order authorizing Kadrmas, Lee & Jackson, Inc. for hydrogen sulfide remediation for a portion of the City of Laurel's sewer and wastewater collection systems. e. Resolution No. R18- : A resolution approving the task order authorizing Kadrmas, Lee & Jackson, Inc. to design the addition of a sludge screw press and conveyance system for the City of Laurel's wastewater treatment faci.lity. 12. Items Removed From the Consent Agenda. 13. Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding communiry 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. 14. Council Discussion. �! Council members may give the City Council a brief report regarding committees or groups in which they are involved. ', 15. Unscheduled Matters. ', 16. Adjournment. DATES TO REMEMBER: Public Works Committee -Monday,February 19�' @ 6:00 p.m. Council Chambers Laurel Urban Renewal Agency -Monday,February 19�' @ 11:00 a.m. TBD Budget/Finance Committee -Tuesday,February 20�' @ 5:30 p.m. Council Conference Room Emergency Services Committee -Monday,February 26�' @ 5:30 p.m. Council Chambers Council Workshop -Tuesday,February 27`� @ 6:30 p.m. Council Chambers Laurel Airport Authority -Tuesday,February 27`� @ 7:00 p.m. Laurel Airport The City makes reasonable accommodations for any known disability that may interfere with a person's ability to participate in tlus 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,Ezt.2,or write to Bethany Keeler,PO Box 10, Laurel,MT 59044,or present your request at City Aall,115 West�rst Street,Laurel,Montana.