Loading...
HomeMy WebLinkAboutCity Council Packet 02.20.2018 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 communiry announcement not to exceed one minute in duration for any speaker; and again jollowing 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 oj 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 ertended 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 call 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 ofPayroll Register for PPE 2/11/2018 totaling $178,318.24. d. Receiving the Committee/Board Minutes into the Record. 1) Budget/Finance Committee minutes of February 6,2018. 2) Revised Council Workshop minutes of January 30, 2018. 3) Council Workshop minutes of February 13,2018. 4) Tree Board minutes of January 18, 2018. 5) Safety Committee minutes of December 13,2017. 6) Park Board minutes of February l, 2018. 8. Ceremonial Calendar. 9. Reports of Boards and Commissions. 10. Audience Participation (Three-Minute Limit). Citizens may address the Council regarding any item of Ciry 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. ll. Scheduled Matters. � a. Confirmation of Appointments. i. Ken Gomer to fill the term ending June 30, 2019 on the City-County Planning Board. b. Resolution No. R18-06: 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. R18-07: 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. R18-08: 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. R18-09: 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 facility. 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 community announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. 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: LURA—Canceled -Monday, @ 11:00 a.m. TBD Budget/Finance Committee -Tuesday,February 20"' @ 5:30 p.m. Council Conference Room Public Works Committee -Monday,February 26�' @ 6:00 p.m. Council Chambers Emergency Services Committee -Monday,February 26'�' @ 5:30 p.m. Council Chambers Council Workshop -Tuesday,February 27`h @ 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 this meeting. Persons needing accommodadom m�st notify the City Clerk's Office to make needed arrangements. To make your request known,please ca11406-628-7431,Ext. 2,or write to Bethany Keeler,PO Box 10, Laurel,MT 59044,or present your request at City Hall,ll5 West First Street,Laurel,Montana. Laurel Chamber of Commerce Board Meeting Minutes The Meeting was held on January 11, 2018 at Sid's. In attendance were: Executive Board Members: President - Carrie Smith, Vice President - Chase Anderson, Treasurer - Sandy Reese and executive secretary- Marcia Hafner and Chamber Assistant Camilla Nelson. Directors: Beth Hoferer, Patsy Woody, Brent Renier, Bruce Larson, Katie Whitmoyer, Roger Heimbigner, Members: Mary Lou Batalden, Evan Bruce, Lori Hodges. Carie called the meeting to order. The minutes were approved: Mary Lou, Chase 2nd Bills to be Presented for Dayment: done to date Chase motioned that we move Altana CD to 27 month with 2.1% Interest when It tums over. Mary Lou 2"d. Approved. Old BUSINESS ® New Board- Folders handed out with- Contact info, committees, and signatures. Lori Hodges will take over representing the Laurel School District. New BUSINESS • Volunteers for Annual Meeting- Wednesday@ 3:30pm help hauling to the golf course and setting up - Chase & Katie will help • RSVP's and donations- Get those into the Chamber by today • Comp 2 tickets for Lumpy- Mary Lou motioned that we comp 2 tickets for Lumpy for all he does for us with the Christmas decorations, Sandy 2"d, it was approved. Ribbon cuttings- • Chiropractic First of Laurel- January 12, Friday at 4:30pm- Open house. • Beartooth Tax & Consulting- Friday the 1V1, at 4pm, 13.5 Colorado OPEN FORUM • School District - Lori Hodges spoke about Graduation Matters, and wants to give a little speech at the Annual meeting. Katie moved to have her speak at the Annual meeting, Mary Lou 2"d, approved. • State Track- Roger gave an update that State Track will be in Laurel May 25 -26th, Billings Chamber gave $3,500. He asked if we would want to help with giving brochures etc. from business. It was also discussed about getting coupons from local business for the bags. Business after Hours - o January_Annual Meeting o February- Thomae Lumber o March- Midway Auto Sales- and ribbon cutting o April 2018 =Exchange Club Meeting Adjourned Next meeting - February S. 2018 Palace D IE OWE FES � 2018 CITY OF LAUREL Agenda Laurel Chamber of Commerce February 8, 2018 at KC's Palace Moment of Silence Presentation of minutes: Guest Speaker — Financial R Yellowstone Checking - $ 72,411.27 Altana CD $ 8,206.33 Altana Saving $ 748.33 Christmas Repair Fund $ 1,805.31 TOTAL $ 83,171.24 Bills to be presented for payment: - done to date QLD BUSINESS • Annual Meeting Report- Lumpy was not available to attend. See profit and loss. • Set Committee meeting dates: o Audit: o Budget: o By-law: o Scholarship: NEW BUSINESS — • July 4th - One craft vendor has paid and have calls from 5 food vendors. • Lunch & Learn- Facebook, new rules, April 18th. Ribbon Cuttings • Harmony - Friday, February 23rd at 10:30 • FFA Greenhouse-?. OPEN FORUM - Business After Hours — If you would like to host an event, please contact the Chamber. o February- Themae ' • mbe- o March- Midway Auto Sales- and ribbon cutting o April 2018- Exchange Club @ KC's Palace o May - Thomae o .lune _Kona Ice would like to do something with someone. Next Meeting March S. 2018 Log Cabin FEB 5 ?_018 CITY OF LAUREL MINUTES BUDGET/FINANCE COMMITTEE FEBRUARY 06, 2018 5:35 P.M. CONFERENCE ROOM MEMBERS PRESENT: Emelie Eaton Richard Klose Bruce McGee Scot Stokes OTHERS PRESENT: Tom Nelson Bethany Keeler Chairwoman Emelie Eaton called the meeting of the Budget/Finance Committee to order at 5:36 p.m. The next regular Budget/Finance meeting will be on Tuesday, February 20, 2018 at 5:35 p.m. Carl Jackson with KLJ was present to talk about a couple of task orders, invoicing and their processes. Carl explained how the contracting process works. There is a master service agreement between KLJ and the City of Laurel. This is a large umbrella that covers each individual project task order. Every project will be assigned a specific task order that negotiates the individual terms of each project. Carl and Kurt Markegard presented two wastewater task orders, in draft form, to the committee. To prepare a task order KLJ meets with the City employees to discuss the project. A draft task order is then prepared by KLJ and given to the City employees for comment and review. A final draft is then taken to council for approval. Kurt stated that there are times where the City may go meet KLJ in their offices. Carl explained that a majority of their services are billed in the overhead rates. Kurt handed out a draft task order for the Screw Press. Carl explained that the task orders are detailed, so if something comes up that is not a part of the task order, a change order would not be a surprise to anyone. Carl explained that the City should be working on a long term CIP plan.. Kurt explained that a long term CIP plan would help budget for future years. The Digester is one project that needs to be on a long term CIP plan. The Digester leaks so it must be fixed in the near future. Kurt handed out two additional draft task order for H2S Remediation and on-call services. The on-call task orders would be those emergency or odd jobs. KLJ would not proceed with any task orders without written requests. Kurt asked that Carl speak about the SED Basin project. Carl explained that since Great `Nest Engineering has already done all of the project engineering it would cost the City more money to have KLJ review all of the engineering and get caught up on the design. Bruce stated that time and money are our greatest advisories and we want to save both. The Mayor stated that he had recently toured a SED Basin project that was similar to the design the City of Laurel is going to build. He stated that it works really well and he was impressed by it. The City can provide CHS raw water and save them a lot of money. Emelie asked why the SED Basin plans were sent to DEQ prior to the council approving the project. The Mayor stated that the plans had to be approved the DEQ prior to going out to bid. Emelie asked what specifically went to DEQ for approval. The Mayor explained that all of the engineering plans went to DEQ for approval. Emelie asked how we got to the point we are now with the Intake project. Kurt stated that the Army Corps of Engineers has directed the City to do a re -survey of the wetlands to address any gains or losses to the wetlands. This survey must be done in order for the Army Corps to close out their permit. The re -survey is being requested because a culvert was taken out and put back in during the intake construction. Emelie stated that she appreciates KLJ being transparent with the City. The Mayor stated that going forward he will be ensuring that the Council will know what is going on and he will ensure transparency. Carl stated that the Public Works Director will be receiving monthly status updates on task orders. He also stated that it will take some time to figure out how the City and KLJ will work together. Scot asked who owned the culvert. The Mayor stated that the culvert is CHS's and during construction our contractors took it out and put it back in. Kurt explained that the culvert was moved approximately 100 feet and because of the move it must be re- surveyed. Emelie explained that time was running out for the rest of the Budget Finance agenda and the committee had to move on. Everyone thanked Carl and Kurt for their time. The minutes of the January 16, 2018 meeting were reviewed. Richard made a motion to approve the minutes, Bruce seconded the motion, all in favor, motion passed. Claims entered through 02/02/2018 which totaled $234,935.19 were presented to the committee. Emelie reviewed both the Claims Detail Register and the Check Register to ensure accuracy. There was discussion regarding the payment of claim A 17118, in the amount of $607.50. Emelie asked what exactly the claim was payment for, as there was no detailed invoicing attached. Bethany explained it was for meals and drill pay for the volunteer firemen. Emelie stated that without knowing exactly what the Budget Finance committee was approving, the claim should be put on to the next claim register, and more clarification requested. The Mayor stated that he felt the claim should be paid this time, and then future claims tabled until the clarification was received. Bruce agreed with Chairwoman Eaton and requested that the claim be removed from the current approval list until clarification was received. The claim was removed from the approval list. Emelie made a motion to approve the claims, as amended, Bruce seconded the motion, all in favor, motion passed. No purchase requisitions was presented to the Committee. The Comp/OT report for PPE 01/14/2018 was reviewed by the Committee. The Committee had no questions. The Comp/OT report for PPE 01/28/2018 was reviewed by the Committee. The Committee had no questions. The Payroll Registers for PPE 01/14/2018 totaling $176,453.26 and PPE 01/28/2018 totaling $185,805.52 were reviewed by the Committee. Scot made a motion to recommend Council approval of the payroll registers, seconded by Richard, all in favor, motion passed. Clerk/Treasurer Comments: Bethany requested to move her items to the next meeting as there was little time left. Mayor's Comments: The Mayor stated that the TIFD would not be sunsetting until 2022. Because of this there will be no large capital project done by the TIFD. Instead the TIFD will be looking into doing some projects on side streets like Wyoming and Idaho. The committee is looking at three blocks near the Railside Dinner. There is a meeting planned with KLJ to discuss the East 61h project. DO= For next agenda: Enterprise Reserve Funds Budget Process Drill Pay/Meal Pay The meeting adjourned at 6:25 p.m. Res ectf illy submitted, Bethaneeler, Clerk/Treasurer MINUTES COUNCIL WORKSHOP - REVISED JANUARY 30, 2018 6:30 P.M. COUNCIL CHAMBERS A Council Workshop was held in the Council Chambers and called to order by Mayor Tom Nelson at 6:30 p.m on January 30, 2018. COUNCIL MEMBERS PRESENT: _x Emelie Eaton _x Heidi Sparks x Bruce McGee x Richard Herr x Scot Stokes x Iry Wilke x Richard Klose x Bill Mountsier OTHERS PRESENT: Noel Eaton, City Planner Matt Wheeler, Maintenance Superintendent Rick Musson, Chief of Police Chad Hanson, Great West Engineering Public Input There were none General Items • Appointments o Tree Board There is one vacancy on the Tree Board; the only applicant is Phyllis Bromgard. o Park Board There is one vacancy on the Park Board; there are two applicants, Ken Gomer and Curtis Lord. o Public Works Committee There are two vacancies on the Public Works Committee; the only applicant is Brian Roat. o Planning Board There are two vacancies on the Planning Board; there are no applicants. o Yellowstone Historical Preservation There is one vacancy on the Yellowstone Historical Preservation Board; there are no applicants. Executive Review • Resolution — A resolution approving the City of Laurel's Riverside Park Master Plan Mayor Nelson stated Council held the Public Hearing at the last Council meeting, and there will be an additional Public Hearing next week, for the Riverside Park Master Plan. The public comments from that January 16`x' Public Hearing have been added to the Master Plan. Noel Eaton, City Planner, stated that there would not be an additional Public Hearing at next week's meeting as the Council had already held the Public Hearing. The adoption dates and public comments Council Workshop Minutes of January 30, 2018 are the only changes that have been made. Council will receive a final bound copy of the plan prior to next week's meeting. • Resolution — Horseshoe Club Lease Mayor Nelson stated that he reviewed the Park Board minutes from January 4, 2018. It is unclear if the intent was for a preliminary lease to be drawn up for Council to discuss. The City Attorney drew up a lease, which may or may not change. This resolution will be pulled until items of concern have been addressed. Matt Wheeler, Maintenance Superintendent, stated that he, Kurt, and Fran went down to Riverside Park this morning to inspect the area. They noticed some areas of concern that need to be addressed before signing the lease. According to the lease, it appeared that the City would be responsible for the maintenance of the building once the lease is signed. The known potential issues with the electrical would need to be included in the lease before signing. Matt, Kurt, and Fran took pictures of the areas of concern. Those pictures are attached to these minutes. These items will need to be fixed, even if the City is not directed to fix the issue. Mayor Nelson stated that this issue would be brought back to Park Board. Staff will present an update when they have one. Emelie stated that the term of the lease is five years but for only $60 a year. She was under the impression that previous leases brought before Council had increased significantly based on the square footage that is being leased. Since they would be leasing the building and the pit, she felt it was a bargain. Mayor Nelson stated that via the January 41h Park Board minutes that they recommend the continued cost of $60 per year for the lease. He reminded Council that the Park Board is responsible for negotiating leases that they feel are fair. Iry clarified what was discussed at Park Board. He stated that there are nine members of the Horseshoe Club. They have paid $60 a year for a number of years as that was what was agreed to cover the electric cost. He questioned if the electrical issues caused concern over bodily harm or fire. Matt stated that he is not an expert. Things need to be brought up to code. Iry questioned who would be responsible for bringing the building/electrical up to code before signing the lease. Matt stated that someone who is qualified needs to look at the building and determine any issues that need to be addressed. According to the how the lease was drawn up the City would be responsible for maintenance of the building. Bruce stated that it was his understanding that the City doesn't own that building that the Horseshoe Club does. He questioned if the applicable MCA would apply to the building being on City property. Mayor Nelson stated that is a question for the City Attorney. Since there is some unanswered questions staff will work with the City Attorney to clarify these issues before being brought back to Council. PA Council Workshop Minutes of January 30, 2018 Bruce stated that the only picture that was of immediate concern was the box if it had live power and a child putting their fingers in the outlet. He questioned why the City would be required to do the repairs on a building they don't own. He stated that the purpose of allowing someone to take over or own a building that sits on City property is that the responsibility comes off the shoulders of the City. The only item that needs immediate attention is the outlet that needs a plate placed on top of it. Mayor Nelson stated that Article 14 should answer most questions. The Article states that maintenance is on the leasee and that the City has the right to inspect the building. Emelie asked that this item is moved to the next Workshop. Mayor Nelson stated that this item has been pulled from next week's meeting and will come back to Council when these issues have been resolved. • Resolution — Amendment No. 8 to Task Order No. 26 — New Water Treatment Plant (WTP) Intake Laurel Engineering Services On -Call Great West Engineering, Inc. Project No. 2-07128 Mayor Nelson stated that this amendment is to address the final punch list and asked Chad to explain further. Chad Hanson, Great West Engineering, stated that after the Army Corps of Engineers (ACOE) did their walk-through this fall, they agreed that all the wetlands were put back to their original state with no loss. He stated that during the project a culvert was replaced that was near the wetlands and an area of concern. The ACOE has asked the City to prove there was no impact on these wetlands. The City will need to resurvey the wetlands to ensure there was no loss. This request was not included in the original permit and therefore was not included in the original scope of the project. There are three parts to this amendment. Part two is the three-year monitoring of the wetlands. There is a possibility that monitoring will take less time or a lesser requirement. The cost listed is the worst case scenario with full monitoring and soil testing of the area. Last is continuing to assist with the FEMA paperwork and close out process. The Clerk/Treasurer is preparing for the audit and will need their assistance with the audit and close out with DES. Iry questioned if the culvert that was replaced was replaced in error or was the size change done for a specific reason. Chad explained that there was a culvert there that was not supposed to be a smashed culvert. The contract removed the culvert, and there was no way to replace as it was too rusted. The culvert was CHS's, and they provided a replacement that was appropriately sized for the ditch. The ditch company had the culvert moved 40 feet. There was no additional cost to the City for this culvert. The culverts were the same capacity, just different geometry. Bruce questioned if there is a possibility that the amount listed for monitoring could be reduced. Chad clarified that yes, Great West Engineering only bill on time and materials. They will monitor how quickly the wetland vegetation comes back and then do soil testing in those areas. If the monitoring becomes less the City will pay less. Emelie asked for clarification on the figure the Council is being asked to consider as there are a few figures listed in the document. She asked what had been paid, what is going to be paid, and what is the City responsible for paying. Council Workshop Minutes of January 30, 2018 Chad stated that the estimate for surveying and mapping of the wetlands is listed for $18,000. The additional monitoring of the wetlands is listed for $26,300. The helping with the FEMA audit and close out is listed for $9,200. The total of $1.6 million is from the beginning of this project. This amendment is for $54,200 for the three listed items and includes the amendment considered today. Emelie questioned if the City had already paid the $1.6 million and would still need to pay an additional $54,200 to Great West Engineering. Chad clarified that the $1.6 million does include this current amendment. He could have the Clerk/Treasurer provide an exact number of what has been paid out currently. Mayor Nelson asked Chad to explain how much of this cost is eligible for FEMA. Chad explained that all of this cost is eligible for the 75% from FEMA. He stated that getting the ACOE sign off on this project is necessary to do the audit, which is necessary to get the $1.5 million released from DES. Emelie stated that the City is paying out large amounts of money on the intake which is still not fmished, even thou it is operational. There is a checklist that is not complete. It is her understanding that staff would like to move forward with the SED Basin project. She asked that more caution is used in that project regarding costs. She requested to see price comparisons as opposed to a wish list. Mayor Nelson asked Chad what the City is still paying for the intake. Chad clarified that final payment had been made to the contractor. Everything is complete. There are minor warranty issues they are working on. There will be an 11 -month walk through to look at areas that need to be reseeded. Mayor Nelson stated that the intake is operational and they are also utilizing the 2003 intake Chad clarified that the operators are using the 2003 intake occasionally to keep it free of ice and slush so if it is needed they can use it. Everything was designed to be able to use either intake. • Resolution — A Resolution Authorizing the Mayor to Execute a Contract with CIP Construction Technologies, Inc. for Manhole Rehabilitation Services within the City of Laurel. Mayor Nelson stated that this last spring the City used this method to repair manholes. He asked to have Matt explain further. Matt stated that the City had used this company to repair manholes in the past. Pictures of our current manholes, those to be replaced, and those done last year are attached to these minutes. The City's aging infrastructure is crumbling. This is typically located in the older parts of town. On the eastern part of town, there are some H2S issues, which cause further issues with the manholes. The project this year is to repair the manholes on East Main. This product is a fiberglass/resin liner instead of digging up each of the manholes. This product is 1/3 of the cost as compared to entire replacement. This product has a 50 -year warranty. The City is happy with the ones done last year. This company is located in Kalispell, but they are doing work in Gillette and Red Lodge. While the contractor is in the area, it will save the City mobilization fees. Work is currently set to begin in early March. This will 4 Council Workshop Minutes of January 30, 2018 also include leveling of each manhole with the road surface. Currently, the City is pulling chunks of concrete out of the Elm lift station from these manholes. Bruce questioned if there were any issues with the work completed last year. Matt stated not with the work itself. There were a few issues with scheduling. However, since this project is on a State road, there will be a tighter timeframe in which to complete the work. Mayor Nelson clarified that any project for sewer, water, or solid waste must be paid from the respective enterprise funds. The City bills the residents for the services rendered. What the City charges must cover all operation and maintenance costs. • Resolution — CHS Water Supply Agreement Mayor Nelson mistakenly understood this agreement to supply CHS water. Emelie questioned why there was an agreement if we supply them water via our water rate agreement. Mayor Nelson was reminded that this agreement is for the $1.8 million donation given to the City for the SED Basin Project. The Mayor and City staff, including the Clerk/Treasurer, had a meeting with CHS regarding the $1.8 million earmarked for the SED Basin project. City Council voted this project down in 2017. They have identified items that are not necessary to have completed as originally engineered, such as a loading dock. When the project was first brought to Council the $1.8 million was set to expire, an extension was asked for and granted. He asked for the same extension that the DNRC grant through the end of 2018. Emelie asked if this agreement is just to extend that deadline for ten months. Mayor Nelson stated correct that they have extended until the end of 2018. Matt stated that his understanding is that if the project is started by December 2018, then the City will not lose out on the donated funds. Mayor Nelson stated that having a bid signed by a contractor is sufficient for starting the project. Bruce questioned what constitutes "starting construction" and is the signing of the document considered starting construction. Mayor Nelson stated that from that meeting with CHS the date the contract is signed is considered starting construction on the project. • Council Issues o Update on 2011 Yellowstone River Flooding Event This update was given with the above agenda items listed as Resolution - Amendment No. 8 to Task Order No. 26 — New Water Treatment Plan (WTP) Intake Laurel Engineering Services On -Call Great West Engineering, Inc. Project No. 2-07128. Mayor Nelson stated that he has a meeting with Sherrie Meadows and Tim Tennis about the final audit and close out of the intake project. 5 Council Workshop Minutes of January 30, 2018 Emelie questioned if the State is waiting on the final audit and then they will ok. Mayor Nelson stated that the State would release the $1.5 million dollars which is FEMA funds, not the State matching funds. In reality, the State still owes the City the 25% of matching funds for the FEMA grant. o Discussion — Traffic on the Southside for CHS Turnaround Heidi stated that there had been significant issues with traffic during past turnarounds. Mayor Nelson asked that staff share what they have done thus far and then have residents present. Police Chief Musson stated that Turnaround will start in April and should end before Memorial Day. Kurt, Tim Reiter, Matt and the Police Chief met with CHS to discuss traffic during the turnaround. The refinery does talk to their full-time employees frequently about not taking S. 41 or S. 5'h and to take Railroad to leave the Southside. Law Enforcement cannot stop them from using City streets as they are public. The refinery is willing to rent electric signs to direct traffic to Railroad. The trucks hauling to the new interchange may be using Railroad by then too. Currently, they are using W. Main but that may change by the time turnaround gets here. There will be a bottleneck at l' Avenue and Railroad. They will put signs on 8`h Avenue stating speed limit 25 mph and slow down. CHS will also pay Officers overtime hours during peak hours, which is 5 am. to 7 a.m. and 5p.m to 7p.m. The Police Department will try to have at least one Officer present each day. Officers will need to sign up for these shifts so there is no guarantee they will be filled. He was given a sheet with the schedule of employees for the refinery with peak hours; this document is attached to these minutes. CHS has told the City that during peak hours they expect 800 to 900 extra employees to be in the plant during that time. The larger of CHS's two parking lots is located by Badger Square. The other lot is located off of Highway 212. The Police Department will do their best to be there and take complaints. The same pertains to the trucks hauling gravel. Emelie stated that she was leaving town and saw a semi on S. 4`h Street. She watched this semi turn South and could have been heading to the refinery. She questioned if citizens should contact the Police when it is obvious that a contractor is not using the designated truck routes. Police Chief Musson stated he had been a truck driver in the past and many cities do not indicate the truck route. Typically normal delivery drivers know where this truck route is, he gave an example recently where a semi was stuck on the ice on S. 4`h Street and Woodland. In this case, the driver was from Utah and delivered to a grocery store in Billings. There were excess cases of food that were donated to Community Hope. The route given to the driver was S. 41 Street to Woodland, and he was caught on the ice. The law states they can deliver. He said to call the Police Department with as much information as possible, and his officers will address the issue. Ruben Perez, 312 Yellowstone Avenue, stated that the City and CHS could put up signs, but they do not read or obey signs. He has seen them run stop signs and seen kids almost hit. He has called the Police Department but hears that they do not have enough officers or that they are busy. He questioned at what point will this matter, once someone gets hurt. He suggested that CHS build a road through their property to move workers to the rear of the plant and not drive on the Southside. He stated there are significant potholes on those streets from excessive traffic. He is paying his taxes but does not see those streets improved. He does see the crews out each year to fill the potholes. He understands the City has priorities, but public safety should be a top priority. He questioned why the penalties for running a stop sign are not higher to deter the action. The turnaround crews make good 2.1 Council Workshop Minutes of January 30, 2018 money; a small fine is not significant to them. He questioned why these crews are allowed to destroy the streets, disobey traffic laws, and essentially do what they please and only receive a small fine. He is fed up with the traffic in his neighborhood. He described it as a "zoo" and being "held hostage." The peak hours are between the hours of 6:00 a.m. to 6:45 am. and 5:20 p.m. to 5:45 p.m. He would like the City to request CHS employees, both full time and temporary, stay out of their neighborhood. Police Chief Musson responded to a few of the comments given by Mr. Perez. First being "too busy" and "not enough officers." He stated yes on both accounts. The Police Department does try to respond to each complaint, but sometimes they are unable to respond to the call while the traffic is there. Second was the statement regarding the small fine for traffic infractions. Chief Musson stated that the Supreme Court sets the bonds for infractions. The court cannot discriminate against either locals or visitors when determining their fine amount. At this time this is the only place that turnaround employees have to park and will be using the streets on the Southside. He has asked school kids how many Police Officers the City of Laurel has, quite often the response is somewhere around 50. Currently, the City has 13 sworn officers. Mayor Nelson stated that he does have a scann department truly is. CHS must do the turnaround They have been great partners with the City, an4 reasonable solution for all parties. ;r in his own home and can hear how busy the every few years; it is a product of their industry. he hopes that the City and CHS can come to a Mr. Perez stated he understands they are a great partner with the City. They do have room as they just built a new parking lot by their new building. He does not understand why they cannot build a road for their employees to park at the rear of the plant. Mayor Nelson stated that he would speak with CHS regarding this issue to try to find a reasonable solution. Shawn Stringer, 306 Yellowstone Avenue, stated that he has lived for 19 years on the Southside. The past six years he has noticed the traffic. He has issues pulling out on S. 4a' Street. On his way to Council tonight he counted the cars coming into the neighborhood and those exiting, coming in there were 8 cars, 54 left. He gave the example of the Railroad switching out by the car wash and traffic was backed up onto the interstate back to Walmart. He stated that there are five giant potholes and he does not typically see road crews until July. He stated that he does see people on a regular basis not going the speed limit through the neighborhood and near the school zone. He did try to take matters into his own hands during the last turnaround. He parked his vehicle on S. 5ffi Street and stood at S. 41 Street and told them to go around. Finally, the police showed up and told him he could not block the street. He stated he thinks this will continue until something bad occurs. Heidi stated that she has heard a few suggestions mentioned tonight. One was for a road to be built, while this is a long-term solution, it is most likely not feasible for this turnaround. It would be greatly appreciated to approach CHS and discuss this as an option. Second, she took away from tonight's discussion that there isn't enough signage around where those roads are. She asked if temporary construction signs are put up to identify where the truck route is more clearly. Mayor Nelson thanked those with questions tonight. He will have staff work with CHS to ask some of these questions. There is no solution to offer today but will work towards a solution. 7 Council Workshop Minutes of January 30, 2018 Police Chief Musson agreed that the long-term solution is what both parties are looking for. The question was asked about going through the plant. They are unable to at this time due to safety concerns. The refinery does have a master plan to route the traffic through their property. They are working with DOT on this possibility. The refinery is aware of this issue and is trying to make sure their employees use the proper route to get to and from work. It is a public road and cannot say only those who live here are able to drive here. He gave an example of speeding on E. Maryland. Those who lived there thought only those outside the neighborhood where the issue. The first ticket was someone who lived on E. Maryland. Richard Klose questioned if busing the turnaround crews in would be an option. Police Chief Musson stated that that option was discussed. This option caused a lot of logistical issues. Richard Herr asked if the City can place a sign on Railroad stating no left turn on 1St Avenue Chief Musson stated that the police department could not place those signs. The State would need to place those signs. This would not be a quick fix to that issue. Iry stated that he had talked to the State many years ago about turning left at that intersection. He stated that the response to his inquiry was they would be happy to place the sign but would need a commitment from the local law enforcement to enforce it. Chief Musson stated that each neighborhood has their own issues. The officers enforce all laws regardless of what neighborhood. Mr. Perez asked if CHS can tell their employees that if they are caught and ticketed for an infraction on the Southside, they would be terminated. Mayor Nelson stated that City Administration is working to find solutions to traffic on I' Avenue. LURA may look at some of these issues. Roundabouts have been talked about as a solution to help move traffic more efficiently. Traffic lights like the one at 241 and Grand in Billings where each side dumps to help keep traffic moving. o City ID's Mayor Nelson stated that he had put information in Council Mailboxes and City Email regarding the new City ID's. You will need this when you attend conferences and/or Workshops. Please schedule with Karen Courtney. If you are unable to come in during office hours, please contact the Administrative Assistant to help arrange a time to take care of this. Iry stated that he did come in and get his ID. It took him about 15 minutes to get the ID picture taken and printed. Noel did remind Council that Karen will be out of the office for a few days. Other Items Mayor Nelson stated that he would work with the City Attorney and Administrative Assistant to get all Workshop materials to Council the Friday before Workshop. Mayor Nelson encouraged Council to pick up their packets over the weekend and review what will be on the next Workshop agenda. U. Council Workshop Minutes of January 30, 2018 Review of Draft Council Agenda for February 6, 2018 The resolution for the Horseshoe Club Lease has been removed from the agenda and will be placed on a future agenda. There were no other changes. Attendance at the February 6 2018 Council Meeting All member present will be in attendance at next week's meeting. Announcements Heidi thanked the Police Chief for all the work he and his department do for the City. She also thanked Council for allowing this discussion tonight. Richard Klose stated that the American Legion honors local Firefighters and Police Officers. This year they nominated both Police Chief Musson and Fire Chief Peters. Those nominations went to the State and Fire Chief Peters was chosen as Montana American Legion Firefighter of the year. On June 22nd he will receive that award in Great Falls. His nomination will go on for potential nation recognition. Mayor Nelson stated that he had the honor of giving that letter to Fire Chief Peters. He will be in attendance when Fire Chief Peters receives this award. He firmly believes they are the best Fire Department in the region. Scot stated that there would be a Park Board meeting on Thursday, February 1' at 5:30 in the Council Chambers Conference Room. Emelie stated that Public Works Committee met on January 22. They had both Great West and KLJ present to go over the project they are finishing up and which projects they will start. Due to the long meeting, there may not be a February Public Works meeting as there may not be anything additional to bring before the Committee. If they were to have it in February, they would move it to February 22nd due to the holiday. The council workshop adjourned at 8:02 p.m. Respectfully submitted, BrittAMooan &�Ax� Administrative Assistant NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. 0 CITY HALL City Of Laurel 1 1 5 W. IST ST. i PUB. WORKS: 6284796 WATER OFC.: 628-7431 COURT: 628-1964 P.O. Box 10 FAX 628-2241 Laurel, Montana 59044 January 30, 2018 Thomas C. Nelson, Mayor Re; Horseshoe Club Lease Mayor, Office of the Public Works Director I received the Horseshoe Club lease agreement language from the City Attorney yesterday evening and I have been looking at the terms of the lease this morning. Matt, Fran, and I went to Riverside Park to look over the area where the horseshoe pits are located in order to advise you of any needed repairs that may have to be completed. In the past we had been directed to make sure City facilities have been inspected prior to the City Council and the Mayor approving any leases. During our visit to the horseshoe pits this morning I noticed some electrical issues that may not meet electrical codes. I would like some more time to have the horseshoe pit area and buildings inspected prior to the City entering into a lease. This may require hiring an electrician to inspect and fix any electrical issues. I have attached some pictures of items that may need some maintenance completed. ,� Thank you,, Kurt Markegard G e - jai. r,,•et .'p_. .r ". t / i _,-.,,,� j,�.- �,' . , . .+ x ti� 4 i �� .�� '- r} P :1 SHIFT TIMELINE Mechanical Crafts will work 6 days per week Exceptions: Critical Path Typically all contractors will work 10 hr. shifts Exceptions: Critical Path will work 12 hr. shifts as needed 'CLOSED every other Sunday after 6 PM starting April 21 TA MEETING SCHEDULE Shift Handover and Contractor Shift Start Meeting times will vary due to staggered start times. All other meeting times are firm Refinery TA Update 10:00 AM 2:00 AM Zone Inspection Recommendation Reviews Zone A START STOP WORK SCHEDULE DAY/NIGHT DAY/NIGHT Zone A 6:30 AM/PM 5:00 PM/AM Zone B 6:30 AM/PM 5:00 PM/AM Zone C 6:45 AM/PM 5:15 PM/AM Zone D 6:45 AM/PM 5:15 PM/AM CHS OPS 6:00 AM/PM 6:00 PM/AM CHS Maint. 7:30 AM 6:00 PM Hydr oblasting 6:30 AM/PM 5:00 PM/AM CHS Warehouse" 6:00 AM/PM 6:00 PM/AM 'CLOSED every other Sunday after 6 PM starting April 21 TA MEETING SCHEDULE Shift Handover and Contractor Shift Start Meeting times will vary due to staggered start times. All other meeting times are firm Refinery TA Update 10:00 AM 2:00 AM Zone Inspection Recommendation Reviews Zone A TBD Zone B TBD Zone C TBD Zone D TSD Zone E TBD Steering Team Review 2:00 PM (Schedule/L WR/Discovery Work Status) Safety Professionals TBD MINUTES COUNCIL WORKSHOP FEBRUARY 13, 2018 6:30 P.M. COUNCIL. CHAMBERS A Council Workshop was held in the Council Chambers and called to order by Mayor Tom Nelson at 6:30 p.m on February 13, 2018. COUNCIL MEMBERS PRESENT: _x Emelie Eaton _x Heidi Sparks — Bruce McGee _x Richard Herr _x Scot Stokes Iry Wilke _x Richard Klose –x_ Bill Mountsier OTHERS PRESENT: Kurt Markegard, Public Works Director Travis Jones, KLJ Engineering Public Input There were none. General Items There were none. Executive Review • Resolution – Outfall Easement Amendment Kurt Markegard, Public Works Director, explained that the previous City Council in Fall of 2017 had passed a Resolution allowing CHS to place a Wastewater Treatment outfall into the Yellowstone River. It is located on the other side of the BBWA headgates. The easement failed to have a legal description attached. When CHS tried to record the easement at the County Courthouse, there was no legal description. This amendment adds the legal description so CHS can file the easement with the County. Mayor Nelson stated that this document has already been signed but still needs to go to Council • Resolution– Task Order– Laurel On -Call Professional Services Kurt Markegard, Public Works Director, explained that this Task Order is not designated to a specific project, but rather is in place in case the need arises for a small project or event in the case of an emergent project. This does include any questions that Staff or the Mayor would have in regards to Engineering Services. It also includes reviewing documents. The City has a Master Service Agreement with KLJ but not an On -Call Task Order. This Task Order is anticipated to be up to $3,000 per year, but would only be billed hourly. Bill questioned if the $3,000 was per year or per month, as the Task Order stated per month Kurt stated no it is per year [clarified to per month]. Council Workshop Minutes of February 13, 2018 Mayor Nelson stated that the City would not be billed anything, this is only an estimate. The estimate is estimated to be high as to be able to meet the City's needs. Travis Jones, KLJ Engineering, clarified that KLJ would only be working on items that the City requests in writing. Mayor Nelson stated that KLJ has worked with many municipalities and has a good grasp on what the needs of the City might be and do not anticipate needing to spend all of those funds. The City has had an On -Call Task Order in the past; this is not new. Travis further clarified that this is for projects such as an emergency or a project that does not warrant an individual Task Order. The City would authorize someone such as the Mayor or Public Works Director to place these requests. An example of how this Task Order would be used is the review of a subdivision. The City would state the request, the time allotted to complete the request, and KLJ would proceed within those parameters. Typically the authorized person is the Public Works Director, who can direct the engineers up to a certain dollar amount per month, but it needs to be clear and in writing. Typically each task does not need to go before the Council. This is done so that in the case of an emergency there is no delay on the Engineers working on the project. Mayor Nelson stated that the City has not had to utilize this service very often. Kurt further explained that all invoices would come with a statement for that month listing exactly what work was completed. These invoices would still need to go to Budget/Finance for approval. There would still be oversight by Council on this Task Order. Bill questioned what the abbreviation TBD stands for. Travis stated that TBD stands for To Be Determined. This is if the City needs any additional services not covered within the Task Order. Travis also clarified that if KLJ is needed to complete Planning services while the City is filling the current Planners position the City will need a resolution stating KLJ is the interim City Planner. This is because the City Planner is an appointed position and therefore would need to be appointed as such. There are items that the Planner is an authority on and has the ability to sign documents. Resolution — Task Order — HzS Remediation Improvements Mayor Nelson stated that since there are quite a few new members on the Council, he asked that Kurt give a brief review of the issue. Kurt stated that in 2009 the City was able to obtain funds from the American Recovery and Reinvestment Act. The City split out the new Waste Water Treatment Plant to build a new facility and rehab the City's lift stations. Two of the lift stations were the Village Lift station, located east of Laurel, and Elm, located on Elm Street. Both are located off of the highway. The Village Lift station services approximately 300 homes and sends waste through a one -mile long pipe. This is a pressurized pipe and feeds into a gravity fed manhole at Locust for approximately 1200 feet then into the Elm Lift Station. The Elm Lift Station is then sending waste under the railroad tracks then gravity feeds to the Waste Water Treatment Plant. 4 Council Workshop Minutes of February 13, 2018 When the Yellowstone River water temperatures are higher the City's water supply has a higher temperature. Once this water reached the sewer system, the higher temperature interacts with the bacteria in the wastewater. When it is pumped through the one -mile long pipe, Village Lift Station to the manhole on Locust, it is creating H2S as a byproduct. This creates a smell on Main Street since that project was complete. The smell has been an issue since the lift station went online over 20 years ago. The humidity within the manholes creates sulfuric acid, which causes significant damage to the infrastructure. This is one suspected reason the Elm Lift Station needed to be replaced, as the metal was corroded away. The Elm Lift Station has been in service approximately 40 years before it was replaced but had gone through many pumps due to the corrosive conditions. Wastewater is natural corrosive. The City has tried to treat this issue with enzymes, by hanging enzymes in the first manhole, but this did not work. They also tried adjusting the float levels within the Elm Lift Station so there would not be a waterfall of waste, but rather a constant flow, with the hope that H2S would stay suspended within the liquid. However, when the pump would turn on a vortex at the bottom would allow the H2S to release. This Task Order with KLJ is to have them look for possible solutions that will work best for the City. Staff has identified adding air to the Village Lift Station to prevent the creation of 112S. There are multiple ways to deal with this issue; the City can treat the smell or use a fog system However, treating the smell will not treat the cause, he would like KLJ to focus on treating the cause. Some of the bacteria within the waste is needed when it gets to the Waste Water Treatment Plant, so the City must be careful in the remedy they choose to use. By using chemicals, it kills the bacteria and prohibits the breakdown of wastewater once it reaches the plant. The City is very limited on space on Main Street to correct this problem. It would be difficult to put a treatment system in the middle of the road. There are funds in the budget for improvements on the Waste Water system. The smell is strongest for about a four to six week period of time when the river temperature is at its highest. Iry questioned if this was a chemistry issue. Kurt stated that every sewer system would have issues with H2S. It is prevalent in long captured lines. There is no other place for the gas to go within that mile. The same goes if there is a water trap in your house, to keep the sewer gases out you need to keep the trap wet. Kurt explained when the City brought the new treatment process online it took the City approximately six months to build up the proper bacteria levels. They had to truck in the septic matter to be able to establish the bacteria colony. Richard Herr questioned when the expected start date would be. Kurt stated that they would like the project completed by June 30, 2018, which corresponds with the end of the fiscal year. He stated that he has been busy these past few weeks bring KLJ up to speed on what the City has been working on the past seven years. KLJ is waiting for these Task Orders to be signed to investigate further. Council Workshop Minutes of February 13, 2018 Richard Herr questioned what approvals the City needs from DEQ and what timeframe will the City be looking at to receive approval. Travis stated that he has talked to the DEQ regarding this project and the approvals it would need to go through This instance will not be a traditional DEQ review as they will not be comparing to their design regulations. H2S remediation is not a common practice but is becoming a more common issue. The DEQ does not have a set of regulations in which the designs need to meet. Typically when a project is submitted, they are checking off specific line items such as pipe diameter, bends, manhole spacing. They do not have those requirements to review against. Instead, they will review for health and safety issues and is this reasonable. The City will not need to prepare a DEQ specific report, instead what is provided to the City on the project is what they will review, they may provide comments, but do not have a reason to reject the project. KLJ expects the turnaround time to be less than 30 days. Richard Herr questioned when Council could anticipate seeing construct costs for this project. He also questioned if Council will need to approve possible bids. Kurt stated that yes, the Council approves anything over $5,000 must go through Council. It is highly suspected that the cost will exceed the $5,000 small service contract limit and therefore go through Council. KLJ will review and make the best recommendation to solve the problem, even though Staff has identified the use of air to solve the problem. Have reviewed the use of a fogging system or the use of carbon drums to remove the H2S from the air. The carbon drums would need to be replaced every 30 days and are incredibly costly. Travis clarified that this Task Order was written with the assumption that an air system will be the best solution to this issue. This Task Order was built to work for the entire life of this project, after the initial study if another direction is recommended an amendment will come to the Council. Kurt stated that he is under the impression that Council Members want information sooner. So this has been discussed at both the Public Works Committee and Budget/Finance Committee. Mayor Nelson reminded Council to review those committee minutes to keep informed on projects that are coming down the pipeline. Richard Klose questioned if other municipalities in our area have issues with 112S. Kurt stated that he is unsure if other municipalities in our area are having the same issues. This problem is prevalent in warmer climates, such as Las Vegas. Sewer systems are designed according to the landscapes, in a flat landscape, the use of lift stations are prominent. Pressurized mains typically have this problem as there is no place for the gas to escape while in the pipe. Resolution —Task Order— Wastewater Treatment Plant Screw Press Kurt stated that this resolution is to deal with sludge at the Waste Water Treatment Plant. The DEQ required the City to produce cleaner water to return to the river. The City spent millions to build a Biological Nutrient Removal Plant. This cleaned up the water going into the river significantly. The City is using a Biological Nutrient Removal Plant, the plant is regenerating sludge to create nitrification. The City brought in septic hauling stations to build up the bacteria in the Biological Nutrient Removal Plant. The City now has an abundance of sludge. The drying beds are currently out 4 Council Workshop Minutes of February 13, 2018 of the room. The solids are pumped to the drying beds after exiting the digester, once dry those solids are hauled to the landfill. During inclement weather, there is no drying of those solids in the drying beds. Rain and snow can extend the drying process by 30 to 45 days. They do try to stir to aid in drying, and there are some drains that a plugged that help aid in the water removal. The digesters will need to be brought offline in the near future for maintenance. Without a way to dewater the plant is running out of room to process waste. The City has a choice to build more drying beds or to invest in a screw press. A screw press is very similar to a juicer, wet solids come in, and water and dry matter come out. The sludge needs to be certain consistency to haul to the landfill. This need was identified last year and budgeted $750,000 for the screw press. There are two options to fit in the existing building. This equipment needs to be in a heated building as dewatering in freezing temperatures would cause the same issues as the drying beds. The City has asked KLJ to review the potential placement in the sludge thickening building. There are some unknowns within this Task Order. Initially the screw press will be handling the abundance of sludge, however, after the abundance is taken care of the sludge consistency may change causing adjustments in the polymer. Once the screw press is online staff would like to hire a cleaning company to come in and clean the digesters. There are some known issues that need to be addressed, such as a leaking boiler. The last time they were taken offline was when an access port was added to the side of the digesters. This allows staff to access the digesters from the side and not the top. KLJ has been given the prints of the digesters. The City will also need to replace some pumps that feed to the screw press. Mayor Nelson stated that he took a tour about five years ago and identified issues that need to be taken care of and they are finally to the point to bring it to Council. Once it warms up, they will schedule a time for Council to tour the facilities. Kurt stated that KLJ has a list of maintenance issues that need to be taken care of. They will work on putting together a schedule of what needs to be done and on a budget the City can afford. These will be coming down the pipe. One such project is the Archimedes screws will need to be rehabbed, it is the most efficient way to move water up so that gravity can feed the rest of the system Mayor Nelson reminded Council that as the population of the City grows the plants will need to grow with them. Richard Herr stated that the new Waste Treatment Plant had been online for about three years. Kurt stated correctly. Mayor Nelson stated that the project that was completed was only in regards to the discharge into the river. It was not a complete overhaul of the plant. Kurt reminded Council that this City has aging infrastructure. This August is the 110 year anniversary of the City. This City hit a huge boom after World War II. The materials are reaching the end of their life cycle. At the time the sewer system was built with clay and brick, now there is concrete and PVC. These products can last a lot longer. There are still wooden waterlines converted to a storm drain that runs up 1" Avenue. This will need to be replaced at some point, and the Council needs to be aware of those upcoming expenses. • Council Issues 5 Council Workshop Minutes of February 13, 2018 o Update on 2011 Yellowstone River flooding event Kurt stated that DES was onsite to go over paperwork on the intake project to move towards close out of the project. Council did approve a Task Order last week to move forward on the closeout process. Mayor Nelson stated that the City would not be able to close out as soon as they were expecting. The City was given a list of paperwork that will be needed in the event of an audit so the City can work on compiling those documents. There are new requirements for emergencies from FEMA. The City is working on putting those in place so that the City is prepared if another event were to occur. Kurt attended the meeting for the Natural Resource Damage Program discussing the allocation of $2.3 million dollars for recreational activities. They currently have over $4 million in project requests that met the criteria to receive funding. The City had very good representation at the meeting, 5 people total in attendance. The Lion's group wants to do a paved trail system around South Pond along with a fishing pier. The Riverside Park Master Plan was considered a shovel -ready project. The recommendation is that Laurel receives $400,000 for camping at Riverside Park. They asked why the bathrooms were separate from the camping request. Kurt explained that the boat ramp is used the most in the park and that if funding for the campground was declined, they did not want the funding for the bathroom to be declined as well. This is the recommendation from star remember that staff recommended over $4 million in projects with only $2.3 million to allocate. The staff asked the seven members of the Board to rank their priorities to discuss those rankings on Thursday then to compile a final recommendation to the Governor. Richard Klose clarified that while ranking the requests, they can add or subtract from the amount requested. Kurt further explained that some projects had some unknowns and therefore may not receive funding. Mostly over concerns of land accusitions. Laurel was given credit for having a Park Master Plan done and was considered shovel ready. There was a question if the City could have a match to some or all of the funds. There are funds set aside for Riverside Park currently. There was a question on how these funds would be paid out. The project to get water across the bridge and to get electricity at the campsites did not meet funding requirements for these monies. These will be paid out as a reimbursement grant. Ultimately how those funds are paid out will be done prior to signing that contract. o Gas Tax — Amount Mayor Nelson stated that the Clerk/Treasurer provided information on the new Gas Tax. House Bill 473 has changed how the new Gas Tax will be administered. The new Gas Tax will operate more like a grant. The City will need to apply for those funds for a specific project. In the event the City does not use all the funds for the specified project then the City will need to either find another project and notify the State within 90 days or return the money. Iry questioned if all Gas Tax will be going through this program or just the new Gas Tax. Kurt stated that this only applies to the increase in the Gas Tax. Mayor Nelson stated that these funds would need to be used for street projects. There is some question if these funds can be used for sidewalks. The Clerk/Treasurer will be attending a training in the next few weeks on this topic. G Council Workshop Minutes of February 13, 2018 All handouts from the Clerk/Treasurer are attached to these minutes. o Memo — Board/Committee Minutes Mayor Nelson explained the memo that will be given to each Board/Committee; memo is attached to these minutes. This process is to improve the communication between the Boards/Committees and Council. He asked that minutes be sent to the Administrative Assistant within two weeks of the meeting, so the minutes will be placed on the following Consent Agenda. The Board or Committee will still approve their minutes at the next scheduled meeting, in the event, there is an edit those minutes will go back to the Consent Agenda labeled as revised minutes of These Boards/Committees are discussing and recommending items to move forward to Council. There have been many instances where Council has seen the resolution prior to reading the discussion regarding the resolution. o Access to Email Mayor Nelson asked how Council is accessing their emails. He was under the impression that Council was logging into their email via the website. All Council Members are logging in this way. Richard Herr stated he is getting quite a few emails from outside the City. Mayor Nelson stated that they should receive an email that is addressed to their respective addresses. Mayor Nelson stated that the City is also working on cleaning up the spam mail in the inboxes. The City is also working on getting the Council emails on a client that will allow the Council Members to use an app to access their emails. Other Items Mayor Nelson stated that they is a letter of interest the City received from Ken Gomer for the City - County Planning Board. This will be on next week's City Council agenda. Mayor Nelson asked Council how they would like their Council Packets for Workshops. Choice one is a hard packet placed in their box on Friday. Choice two is both the hard copy and an email with documents on Friday, with Council Members bringing their packets back to the Tuesday night meeting. Choice three is to receive the emailed documents on Friday and the hard copy on Tuesday at the Workshop. Council discussed and decided that their preference was to receive both the emailed documents and hard copy on Friday night, available after 5 p.m. Mayor Nelson reminded Council that they will only receive one hard copy of the Council Packet and that if they bring the documents home over the weekend to review they will need to bring those packets with them to the meeting. He also reminded Council that this is a new process and to be patient over the next few weeks as they iron out all the details. Council thanked the Mayor for working on getting information to them sooner so they can be prepared for Workshop. 7 Council Workshop Minutes of February 13, 2018 Mayor Nelson stated that at the last Council meeting Bruce made a revision to the Council minutes of January 16, 2018. However, the edit was actually to the Workshop minutes of January 30, 2018. Council has the revised minutes in the boxes and will see this correction on the following Consent Agenda. Review of Draft Council Agenda for February 20, 2018 Emelie stated that the Public Works Committee is listed in red for February 19`h she asked Kurt to state if the meeting was canceled or moved to the following Monday. Kurt stated that there are a few items that need to be addressed so they will be meeting on the following Monday, February 261. The City has not heard if LURA has been canceled for the month of February or if they have moved their meeting. Attendance at the February 20, 2018, Council Meeting All Council Members in attendance plan on attending the Council meeting. Announcements Iry reminded Council of the turkey shoot in Riverside Park on February 18, 2018. Emelie stated that the Mayor had asked each Department Heads to cut their budgets by 10 percent. The Council budget was cut by 10 percent; they were funds that were in the budget for potential use but had not been used in four years. Emelie stated that Budget/Finance has had issues keeping the meeting to one hour. The meeting will be a two-hour meeting from now on until no longer needed. The meetings will start at 4:34 p.m. on Tuesdays before City Council. Mayor Nelson stated that he is cutting his budget by 15 percent to lead by example. There are a lot of concerns at the State level on finances; this is a proactive move to make sure the City is in a good position. Recognition of Employees • Kyle Bryant • Jarred Anglin • Zach Cortese 13 years on February I' 3 years on February 181 1 year on February 8`h The council workshop adjourned at 8:11 p.m. Police Police Police NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. 8 Gas Taxes There are two different gas tax allocations and neither of them are General Fund revenues. Fund 2820 — Gas Tax (aaee 110 of the budeet) 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 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 (nave 112 of the budeet 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 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 Process for Obtaining Local Funds under HB 473 (Bridge and Road Safety and Accountability Act) HB 473 (Rep. Frank Garner), passed by the 65`s 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). This 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`s of the following month, and the tax on that fuel is then collected 5 days later. Therefore, the first allocation of funds by MDT 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. 9/25/2017 Requests for distribution of FY2018 BaRSAA funds must be made between March I and November 1, 2018 (every March 1 to November 1 thereafter for the annual BaRSAA allocation). Obligation or Saving of BaRSAA Funds The obligation of funds by a local government occurs when the funds are committed 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 FY2018 BaRSAA funds, it may either obligate the funds or place the funds and the corresponding matching funds in a restricted asset account within the motor fuel tax apportionment to be carried forward until the funds are obligated. Local governments must obligate the FY2018 BaRSAA funds by March 1, 2023 (every March 1 thereafter, 5 years after each annual allocation is made). The intent of the law is that local governments will use BaRSAA funds in a timely manner to demonstrate improvements to road infrastructure occurring 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 7-5-4302, MCA (currently $80,000). Reservation of BaRSAA Allocation Reserve means a local government's request, by resolution, that allocated BaRSAA funds will not be distributed by MDT for up to two years. If a city, town, county, or consolidated city -county government is unable to provide the 5% match required to request a distribution of its BaRSAA funds, it may instead request to reserve the funds. To request a reservation of funds, the local government must submit a copy of an adopted resolution to request to reserve the funds. MDT is also currently planning to use the WebGrants online application system to accept requests for reservation of BaRSAA funds. Once a local government obtains the required 5% matching funds, it may request distribution of the funds — and any eligible reserved funds from prior years — beginning the. following March 1, as set forth above. The local government must request the distribution of reserved funds by November 1 of the fiscal year 2 years after the request to reserve the funds, or its BaRSAA allocation is forfeited and added to the account for allocation among all the local governments during the next allocation. Requests for reservation of FY2018 BaRSAA funds must be made between September 1, 2018 and November 1, 2018 (every September 1 -November 1 of the fiscal year after the fiscal year in which BaRSAA funds are allocated). Annual Reports and Remaining Funds Local governments must submit an annual report to MDT that provides an update on all approved projects, describes any changes to the list of projects funded with BaRSAA monies, and final project costs, if known. When a project funded by BaRSAA monies is completed, the local 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 BaRSAA reporting deadline with that required for local government annual financial reports to the Department of Administration in 2-7-503, MCA. If any BaRSAA funds obligated to a project remain unspent upon project completion, the local government must notify MDT within 90 days of project completion that the local 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 allocation among all the local governments during the next allocation. MDT is required to establish a website where the projects funded with BaRSAA allocations will be identified for each local government. To facilitate this transparency of information, MDT is currently planning to use the WebGrants online application system to accept annual and unspent funding reports. 9/25/2017 #1 A RESOLUTION REQUESTING DISTRIBUTION OF BRIDGE AND ROAD SAFETY AND ACCOUNTABILITY PROGRAM FUNDS WHEREAS, the Bridge and Road Safety and Accountability Account created by HB 473 requires the Montana Department of Transportation to allocate accrued funds to cities, towns, counties, and consolidated city -county governments for 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; and, WHEREAS, a city, town, county, or consolidated city -county government that requests funds under the Bridge and Road Safety and Accountability Account must match each $20 requested with $1 of local government matching funds; and, WHEREAS, a city, town, county, or consolidated city -county government requesting distribution of allocated funds may make such a request to the Department of Transportation between March 1 and November 1 of the year the funds were allocated; and, WHEREAS, a description 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 copy of approved roadlbridge expenditures from current year operating budget]. THEREFORE, NOW BE IT RESOLVED THAT: 1. [City/Town] of requests distribution of its share of the allocated Bridge and Road Safety and Accountability funds to be used for the projects identified in Appendix A. 2. That , the [insert name/title of person authorized] of the [City/Town] of is hereby empowered and authorized to execute such further documents as may be necessary to facilitate the distribution of said funds. Adopted this day of , 2018. Mayor ATTEST: Clerk of the [City/Town] of 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 PROGRAMOBJECTIVES............................................................................................................ 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 Rev -December 2017 TRA1-Gasoline Tax Apportionment Page 2 of 6 See MACo's website at http://www.mtcounties.org/. 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 httv://www.mdt.mt.govibusiness/fuettax/allocations.shtml for additional information. Local 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 Rev -December 2017 TRA1-Gasoline Tax Apportionment Page 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 7-1-4111, 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 & 3rd 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 gas tax @pportionment 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 TRAl-Gasoline Tax Apportionment Page 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 580,000 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 1, 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 shall 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 1, 2018, and allocations must be made each March 1 thereafter. The Montana Compliance Supplement Rev -December 2017 TRA1-Gasoline Tax Aoaortionment Page 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). (3) A city, town, county, or consolidated city -county government that requests funds under this section shall match 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 construction, 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 year; (b) a copy of an adopted resolution to request and accept 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 department 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 for the 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 all 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 TRAl-Gasoline Tax Apportionment Page 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). (10) A city, town, county, or consolidated city -county government shall submit an annual 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 government 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 httv://www.mtcounties.ory,/resources/fiscal- information-forms/bridge-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 Special Road and Street Maintenance and Construction Allocation/matching Program Montana Compliance Supplement CITY HALL 115 W. 1st. St. PUB WORKS: 628-4796 PWD FAX: 628-2241 WATER OFFICE: 628-7431 WTR FAX: 628-2289 MAYOR: 628-8456 Cityof Laurel P.O. BOX 10 Laurel, Montana 59044 MEMORANDUM To: City Council From: Mayor Thomas Nelson Date: February 13, 2018 Re: Committee/Board Minutes DEPARTMENT Recently I have reviewed the Committee/Board minutes that are "outstanding." Outstanding is defined 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. TCN/bm Dated this 13" day of February 2018. Thomas C. Nelson, Mayor City of Laurel is an EEO Employer Equal Housing Opportunity Laurel Tree Board January 18, 2018-9:30 City Hall Attending: LuAnne Engh (by phone) Walter Widdis, Matt Wheeler, Kurt Markegard, Dale Ahrens, New board member: Richard Herr and guests from the Lions club — Phyllis Bromgard and Terry Keller Arbor Day: May V — South Pond • Presenters that have confirmed so far o Sherri Kisch o MNLA o Riverstone Health o Montana Audubon o Riverstone Health o Bright n Beautiful o USDA—Agriculture o Laure Fire Department • Yet to hear o DNRC o Yellowstone Weed District o Other suggestions — TV station weather experts & FW P (Ken Frazier) 0 Donors: The following have been sent letters via email or mail - all will need a follow up call • Yellowstone Bank • Western Security Bank • First Interstate • Local 301 • J M Auto • Summit Bank • SEG credit Union • Altana Credit Union • Fisher Sand & Gravel • Schessler's Ready Mix Tree Donors- planting supplies • Aaron is working on this as nurseries make their spring purchases • Phyllis has 10 tree seedlings she has to donate • Kurt has tree seedlings he is growing at home Grants: • Dale will jump on the Walmart grant in February when it is available • Kurt has filed for the annual $750 state grant • Next Fall will file for the Urban Forestry grant of $10K to develop a tree nursery • Laurel Ford Managers Grant— (LuAnne contacted Eric Harkins) • Kings Ace Hardware — Kurt is still working on this • Kurt mentioned we could apply for the Tree City Growth Award — Aaron and Walter will look into this idea Schools: • 6 Classes with 150-160 students plus 12 adults to come with the classes • 12 Baptist students, 12 Homeschoolers • Allison is contacting the Zada for the busses • Someone should attend the next PTA meeting on Feb. 6 at 4:30 (West school) to talk about the idea of the PTA purchasing the Ceremonial tree ort -shirts for all the students. Allison will ask them for water bottles • Aaron would like to include the FFA students this year — He'll contact Jessie Deines, the teacher Tee Shirts — Branding logo • The design is being developed • Yellow shirts are the color • Fundraising shirts doesn't seem to be the best idea for the schools — maybe an outside donor Next Meeting: Feb 22nd 9:30 Future dates — twice a month in March and April March 15, 29 April 12, 26 The quarterly safety meeting will be at 1:30 PM on Wednesday, December 13, 2017 in the conference room on the first floor of City Hall. If you are unable to attend personally kindly select someone to attend in your place. It would be appreciated if you would notify the shop stewards or safety representatives of the meeting also. The proposed Safety Meeting Agenda is; ® Review of the City of Laurel Safety Policy - Updated November 30, 2017 ® Review of one injury report and one near miss report ® Other business or concerns Safety Committee Meeting — December 13, 2017 1:30PM In Attendance: Justin Baker, Brandon Comey, Karen Courtney, Nathan Herman, Rick Musson, Tim Reiter, Fran Schweigert, Matt Wheeler Absent: HP Nuernberger, Kurt Markegard, Brent Peters, Nancy Schmidt Meeting called to order at 1:30 PM. Karen introduced the Draft of the updated Safety Policy. She stated that the current one is outdated and hard to read. She used the template from MMIA and changed a few items for City of Laurel. The one that is for the City is a general Safety Policy and once they are introduced to their department, the department specific safety policy and training will be covered by the department and the sheet for Safety Orientation will be completed, signed and returned to her for filing. Question was asked about annual forklift training —this will have to be reviewed on what is required for the operation of the forklift. Matt Wheeler asked if the one that was in the packets was the new City Safety Plan — it is and is much shorter than the old one as they had tried to include all departments into one policy. Having general Safety Policy and then separate department policies will allow the departments to update as equipment updates. Karen wanted to make sure everyone had a copy and since this was done in such a short time prior to meeting wanted to allow for everyone to have a chance to look at it and then discuss changes, questions or concerns at the January Meeting (currently scheduled for January 10— invite will be sent out). Karen stated she is also trying to schedule the meetings at the beginning of the quarter instead of the end of the quarter so that it isn't as difficult to find a time that works. Karen stated that she would like to get this part taken care of and then she would like to go around to the departments and finding out what types of training are needed for each department and specialize the monthly training to items that are relevant to specific needs of the departments. Matt asked if this policy would be handed out at the time of hiring and if it was being done by Karen now. It is going to be handled through Karen, once they have completed their paperwork with Kelly in payroll, they will be brought up for Safety Orientation and ID cards. City ID cards have been designed, we are waiting on the hologram to be delivered and then we can start to get these issued. Matt stated it is used a lot for when a city employee goes to someone's home and they ask for identification. Karen stated it is also helpful when you go to training as some places require proof of employment from a municipality. The question was asked if a lanyard could be given out — this is not an issue. Matt stated that along the lines of the IDs — for those people who have cell phones, now that Heidi is gone and she had administered the Verizon phones and tablets, that task has been turned over to Karen as well. It was brought up that there is a phone that has been at the Water Treatment Plant that sits in a desk and has never been used, it was decided that Tim could bring it in and the phone could be deactivated from the account. All of the people who work out there have their own phones if needed. The phone for the container site, Matt would like to be kept active even though not currently being used, but may need in future. There were 2 incident reports — Karen turned the floor over to Matt Wheeler to discuss these reports. The first report concerning the garbage truck has been an ongoing problem — items get stuck in the hopper and it has to get out of the hopper. He stated he believed it was discuss previously that when this happens it needs to be brought back to the City Shop and by using other equipment, such as a back hoe, to get it cleared. It is inherently a dangerous job. He asked is anyone had ideas that are different than what they currently do. He referred question to Justin Baker. Justin stated that nothing that he can think of, having 2 people there it tends to be an easy fix — climbing in and out of it is what the problem is. Stated that when it is wet the hopper is flat, slick metal. Fran Schweigert stated that the hopper is defined as a confined space and that there should be 2 people. Matt stated that we should make a recommendation that if this happens the truck is brought back to the shop and that there are 2 people there. If the Mechanic is not at the shop, they will need to call somebody else. Recommended that it be done inside as it would be safer with the weather conditions. Justin stated that it may not be a bad idea to have them tied off either, so if something happens to the person going in, they can be pulled out. If someone falls and is stuck inside the hopper — nobody would know you were in there. It was decided that a Memo would be written and covered with the department involved. Matt will help Karen get the memo written and then will take it to the shop and post it. Matt stated there can be one other item that could be added to the memo that he was just made aware of from Fran that will be brought up as well. The second report, Matt had Justin Baker cover. Justin stated that City workers were carrying a piece of pipe taking it off the rack, 2 of them moving pipe and when it gets to a point where off balance it will slide down. The worker thought he could hang on to it and it was too heavy, there was a back hoe bucket below and it pinched his hand between the pipe and bucket. Stated they could have gotten the forks with the skid steer or just tried not to stop it and let it fall. It was just an accident, there was no medical, just did incident report in case the worker had to seek medical attention. It was decided that nothing need to be written up about this incident as it was a mistake in judgement. Matt stated that Fran had brought an issue to his attention this morning. The City Shop picks up a lot of junk in the alleys — mattresses, couches, etc. , whenever they have received work orders to do that he has always told the employees sent out to use a piece of equipment to pick up these items. Due to needles or bed bugs, shop has a backhoe that has an attachment that can be used to pick up stuff and put in back of the truck. What happened was that a supervisor (Maintenance III) of a crew told a Maintenance II to grab an end of a mattress and throw it into the back of the truck and they could move on. It is a procedure thing but will have added to memo that if you are assigned to go pick up these items in alleys to use the equipment to do it. We have apartments above downtown apartments that move out, put their stuff in the alley and we have to clean up. There is a known problem with bed bugs in that area. Safety concern is for the spread of bed bugs to employees' homes and the possibility of syringes in these items. This will be added to the memo. Fran stated that we might want to refer to the section 6.1(8) of proposed Safety Policy (not sure what would be in current Policy). Chief Musson had no concerns at this time. Brandon Comey stated that the air exchanger for the headworks is fixed. If not running you get H2S and LEL (methane) gas built up in the building. It does get filled with snow and drifting during the winter. They were getting a quote to resolve it drifting in and plugging up causing the buildup of these gases making it unsafe. Gas monitors are in place but when the exchanger is not working the alarms are constantly going off. Also got a few packs of the thicker latex gloves that are supposed to be stick resistant so that if they are cleaning out and they run up against a sharp, they are not getting exposed to anything. Justin Baker stated that the Utility Department now has the H2S monitors for each man for use when they are doing anything at the lift stations. They got them through Greg Lapp (sp?) and not DXP. He supplies the City with First Aid items. Brandon stated they got theirs from DXP and the only complaint they have is when you are out working in the cold and come into the warm they will act up. Matt stated that they may want to check with Greg when he comes around with Safety Supplies. Fran stated we had gone through the Safety Inspection from DLI and we addressed everything and all issues were resolved. Nathan Herman stated that the Water Plant is still working on the compressor system. Electrical is all put in, waiting to hear back from DXP about the masks, they are going to pipe the manifold to the outside of the building so that they can plug in at the door prior to entering. Everyone passed their fitness check, just need masks and fit tests on the masks. Tim stated that he may have to call everyone in all at once, which would mean some overtime but it needs to get done, whenever they can schedule it with DXP. Nathan tried to contact them again today and is waiting a response. If they can schedule it at 7, shift change, it would only be a couple of people with OT but this will depend on DXP availability. Brandon asked why the change as he thought they were using the SCBA's, Nathan stated that they do not have enough room to have the SCBAs on and maneuver within the room. Matt asked how often the medical fit test needs to be done —this will have to be checked into. Karen stated she would look through the information that she had to see if it stated. SCBAs at Wastewater Plant will be removed and disposed of. Tim could not recall if the tanks on those had been updated. He will bring them down to the Water Plant and compare to what they have for the newest pieces. Brandon will have Corey get with Nate to coordinate removing the whole unit off of the wall at WWTP and taking them to WTP. Chief Musson stated that one thing that gets overlooked is seatbelts. Make sure to encourage people to wear their seatbelts. They are required to wear them at all times when operating a City vehicle but they don't always do so. Fran had a question pertaining to the incident report, they have been using the Work Comp First Report and not. these forms. After discussion it was decided that if they were using the First Report from Work Comp they could make a copy and give me the copy of the WC First Report. These will have to be used for any damage to City property. Karen found forms for people to fill out if they see something that is unsafe to report it. They are triplicate forms, is anyone using these? No one is using these the safety concerns are brought up to supervisors and then brought to the meetings. It was decided to get rid of them since they are not used and haven't for years. The one fire extinguisher that was on recall for the city has been replaced and recalled extinguisher has been returned to KIDDE. The company that services ours usually comes around this time of year to do the yearly inspection on all of the extinguishers. Next meeting will be January 10, 2018 @ 11:00. Chili will be served. Karen will send another invite to everyone. Meeting Adjourned at 2:15 PM. Follow up: Memo written by Karen Courtney on 12/13/2017 and posted at the shop by Matt Wheeler on 12/14/2017. Copy on file with Safety Notes. It was found that the section that Fran had referred to could not be found in the current Safety Policy, therefore it was not noted in the Memo. City of Laurel Park Board Minutes Thursday, February 1, 2018 In attendance %were Park Board Members: Phyllis Bronrgard, Amy Pollock, Scot Stokes, In- Wilke, & Richard Herr; Kurt Markegard, Public Works Director; and Citizens, Curt Lord, Laurel Rod & Gun Club; Nick Kisch, Horseshoe Club; & Darrell Johnson, Laurel Rifle Club. Park Board Member, LuAnne Engh joined via phone call for a portion of the meeting. 1. Public Comment: Darrell Johnson of the Laurel Rifle Club said they would like to get their club location back. They would like to get the State Games back and their service organization. He also stated the Laurel Rifle Club is interested being a "champion" for their building if the Riverside Park Master Plan is approved. 2. Minutes: Reviewed and approved minutes from January meeting. Iry moved to accept, Phyllis seconded, and they were unanimously approved. 3. Swimming Pool: Kurt, Amy, & LuAnne had asked for quotes for possible shade & benches for the swimming pool, just to get an idea. LuAnne said she didn't feel like we could raise the rates without shade and places to sit. That is also what she heard from the local daycare and after school program who use the pool. LuAnne asked if it was a possibility to use some of the Billie Riddle funds to pay for the shade and benches. Kurt checked Nvith the City Attorney, Sam Painter, and he felt using the actually Rinds she donated would require putting it before the city, having a public meeting, etc. However, he said using some of the interest from the funds seemed like they could be in line with the intent of the money without using the actual donated funds. 1 ry said he would still like to put it in the open for the citizens to consider. Kurt said we realh, need to get it before the budget and finance committee before we can get any official bids or move forward. Richard Herr made the motion to move forward to look into using some of the interest money from the Billie Riddle donation. Phyllis seconded. Vote passed unanimously. Rate: was also discussed so it can go forward to be reviewed. The rate suggested by the Park Board was $3/person/day age 5 and up. (Under 5 is free .with a paying adult.) There would also be a summer member option of 540/person and S75/family (must be IMMEDIATF 1�AMILY) up to 6 members. Iry moved to make the recommendation to council and Phyllis seconded the motion. Recommendation passed unanimously. 4 -'Update on Riverside Park Master Plan: Cit}- Council received the draft the Park Board recommended. Council will be voting on it Tuesday, February 6, 2018, as whether to adopt it as a living plan. (Living plan meaning changes can and will be made as it fits the City's needs and budget). In- C Richard will update us next meeting on the status. 5. Update on Funds from Dept. of Justice: Kurt said on Monday, February 12th and Thursday, February- 151". Public is invited to attend. Kurt has had multiple conversations tivith Alicia about the matching funds. It looks like she might recommend gravel pads, fire pits, grading for boat launch, picnic shelter, toilets, and possibly engineering for the final plan. After much discussion, Alicia understood our need to make the City's contribution getting the electricity and water to the park. We understand that the fund cannot pay for those items, but the City must make that their contribution because without those amenities the other upgrades won't be effective and the City simply does not have funding for both. Kurt said the Mayor sent a commitment letter stating the City will support the plan where they are able. He ajso told Phyllis that Alicia was asking about a scope of detail for the Lion's Park. Phyllis said she would talk to the Lion's Club and get the information they were requesting. 6. Lease Negotiations: Kurt advised the City Attorney sent a lease agreement for the Laurel Horseshoe Club, but Kurt recommended we take a look at it, as well as let the Horseshoe Club look it over. Kurt said it had some things that may be of concern and need to be updated. In addition, there is a question as to who owns what and who is responsible for maintenance to some of the electrical equipment that is not up to code. There was an estimate received of over $foo to repair some of the issues. Another item that was also brought up was the Horseshoe Club does not carry insurance on the building. They believed since it was in a City Park the coverage would extend. Nick Kisch said the club couldn't afford it. Kurt said it is usually the City's policy that all groups have to carry their own insurance. It was left that no lease could be offered at least until the electrical issues are resolved and some more research as to who owns what is resolved. We will discuss it next meeting. Other: Curt Lord of the Laurel Rod & Gun Club presented another letter requesting some changes to their lease at renewal date of May 7, 2018. (See attachment.) Park Board agreed to discuss it at the next meeting. Scot also requested we discuss sports teams using parks at our next meeting. Meeting was adjourned at 7:15 pm. Respectfully submitted by Amy Pollock, Park Board Member Laurel Rod and Gun Club PO Box 986 Laurel MT 59044 January 31, 2018 Laurel Park Board PO Box 10 Laurel, MT 59044 Dear Laurel Park Board, Our current Lease Resolution No. R13-25 expires May 7 2018. We would like to renew it with the following changes. I. Lease date to start 7`" day of May, 2018. 2. Article f: Add Lessee has approval to shoot trap every Sunday from LOAM to 2PM. 3. Article V: Lessee shall pay the City rent in the amount of $100.00 per year. 4. Article ll: Add to the end that Lessee has permission to access the Club House to get needed supplies for shooting and to use the Kitchen area to register shooters and warm up. 5. Article XVIII: Do to the overwhelming public support for a place to educate our youth and teach safe fire arm handling along with practice and competition we would ask to remove this section. We feel it would benefitthe Riverside Park Master Plan by bringing in more campers and providing other forms of entertainment and enjoyment for the Park. We would ask for a permanent variance or exception that allows safety instructed shooting activities to take place within the back third of Riverside Park. Sincerely, Laurel Rod and Gun Club Curtis Lord (Treasurer) Herb Stoik (President) Kenneth C Gomer 204 Foundation Ave, Laurel MT 59044 Laurel Montana City County Planning Board Please consider me for the City County Planning Board of Laurel MT. I was born and raised in Laurel and graduated from Laurel High School. During my working life, I have completed college classes and a tremendous number of technical training classes. I am very active in the Laurel Community. I served on the Town Counsel in Bridger Montana for 18 years and 15 plus on the Board of Beartooth RC&D. I have seen what poor planning does to small sub divisions and the positive results that good planning can bring to a community. Thank you for your consideration! Sincerely !Cenneth C Gomer 406-702-5919 ken@kgomer.com RESOLUTION NO. R18-06 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. WHEREAS, the City Council previously 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 complete legal description for the property at issue; and WHEREAS, the City of Laurel and CHS Inc. modified the documents to include the correct legal description and both parties have executed the documents; and WHEREAS, granting and approving the modified agreements for purposes of recording them is in the best interests of the City and CHS at this time. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves, grants, and accepts the attached modifications and authorizes the Mayor to execute the documents on the City's behalf, and such approval is effective retroactively to February 1, 2018. 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 20'h day of February 2018. APPROVED by the Mayor this 20'h day of February 2018. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Keeler, City Clerk/Treasurer Approved as to Form: Sam S. Painter, Civil City Attorney R18-06 Approve Modified CHS Inc. Easement for Waste Water Outfall AMENDMENT NO. 1 This Amendment (the "Amendment") is entered into as of February 1, 2018 by and between CHS Inc. ("CHS") and City of Laurel ("CITY"). RECITALS WHEREAS, CHS and CITY entered into a certain Easement Deed having an effective date as of the 17th day of October, 2017 (the "Agreement"); 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] 1 ofz IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the day and year first written above. City of Laurel Attest for City of Laurel _ �°�✓� By: Name:�oo-) � �n Name: Its: • �.� _ (�Y Its: a ex- Its: SEAL) State of Montana County of Yellowstone e forego'n instrument was acic4owledge before me on 6,bj{ ; 2018, by the 0 of the City of Laurel and he/she executed said instrument on behalf ofTe City. y STKELLY STRECKER ' NOTARY PUBLIC for the roiAR #SEAL * State of Montana * Residing at Bigtlom, Montana : P �OFµ0* My Commission Expires February 3, 2020 CHS Inc. By: (� III / /, N e: At- )PS Its: �� r 1r1rc �t Il�` Irli lr�Cy (NOTARIAL SEAL) State of Montana County of Yellowstone o *pc*fore tate of Montana Attest for CHS Inc. a 2018, by The foregoing instrument was acknowledge before me on �� �IL�M' , - ��`��� � l l t�� the h) ` i S�p� )/of CHS Inc. anhe/she executed said instrument on behalf of the corporatio . PPIE H. 9 v�rNpT ARiq� J'S SHERRIE H. BUSH NOTARY PUBLIC for ft :SEAL : State of Montana Residing at Billings, Montana lF0F My Commission Expires MONSP February 23, 2019 2 of 2 RESOLUTION NO. R18-07 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. NW -11 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 APPROVED by the Mayor this 201h 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 R18-07 Approve Task Order for Miscellaneous Services: Kadrmas, 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 Order Edition, dated December 5, 2017 ("Agreement"), Owner and Engineer agree as follows: 1. Background Data A. Effective Date of Task Order B. Owner: C. Engineer: D. Specific Project (title): E. Specific Project (description) 2. Services of Engineer February 20, 2018 City of Laurel Kadrmas, Lee & Jackson, Inc. (dba "KU") Laurel On -Call Professional Services On-call engineering, surveying, planning, government relations, and other miscellaneous services as requested by the City 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. 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 Form — Laurel On -Call Professional Services EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 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 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/A) 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 Consultants' charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: (Does not Apply) 8. Other Modifications to Agreement and Exhibits: (Does not Apply) 9. Attachments: (Does not Apply) 10. Other Documents Incorporated by Reference: (Does not Apply) Task Order Form — Laurel On -Call Professional Services E1CDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 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: Print Name: Title: DESIGNATED REPRESENTATIVE FOR TASK ORDER Name: Kurt Markegard Title: Director of Public Works PO Box 10 Address: Laurel, MT 59044 E -Mail Address: kmarkegard@laurel.mt.gov Phone: 406-628-4796 Print Name: Title: Engineer License or Firm's Certificate No. (if required): PEL-EF-LIC-37 State of: Montana DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Carl Jackson Title Address: Project Manager PO Box 80303 Billings, MT 59108 E -Mail Address: carl.jackson@kljeng.com Phone: 406-245-5499 Task Order Form — Laurel On -Call Professional Services E1CDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 RESOLUTION NO. R18-08 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. 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 remediation services for a portion 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 incorporated herein by reference; and WHEREAS, the services to be provided and cost for such services are fully 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 the 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. 2018. 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 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 R18-08 Approve Task Order for Hydrogen Sulfide Remediation Services: Kadrmas, Lee & Jackson, Inc. This is a Task Order for KU Project No. 1804-00122, consisting of 4 pages, plus attachments. Task Order: H2S Remediation Improvements In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services —Task Order 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): H2S Remediation Improvements E. Specific Project (description): This project consists of the addition of an aeration system to the wastewater collection system for the reduction of hydrogen sulfide (H2S) formation in the sewer collection system between Village and Elm Lift Stations. 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: Set forth in Part 1—Basic Services of Exhibit A, "Engineer's Services for Task Order," modified for this specific Task Order, and attached to and incorporated as part of this Task Order. B. Resident Project Representative (RPR) Services - Not Used C. Designing to a Construction Cost Limit— Not Used D. Other Services - None E. All of the services included above comprise Basic Services for purposes of Engineer's compensation under this Task Order. 3. Additional Services A. Additional Services that may be authorized or necessary under this Task Order are: Set forth as Additional Services in Part 2—Additional Services, of Exhibit A, "Engineer's Services for Task Order," modified for this specific Task Order, and attached to and incorporated as part of this Task Order. Task Order Form — H2S Remediation Improvements EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 4. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: • Provide Engineer with access to the facilities, as needed to complete the project. • Provide requested information included existing (as -built) plans, flow data and pumping records, and any prior studies, reports, etc. related to a proposed remedy of H2S within the collection system. • Review preliminary reports and plans provided by the Engineer. • Pay the cost of any review fees imposed by agencies having jurisdiction over the project. S. 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 H2S remediation improvements 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 the recommended 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) $8,600.00 Lump Sum b. Preliminary and Final Design Phase (A1.02, A1.03) $30,560.00 Lump Sum c. Bidding or Negotiating Phase (A1.04) $6,970.00 Lump Sum d. Construction Phase (A1.05) $9,800.00 Direct Labor e. Post -Construction Phase (A1.06) $2,300.00 Direct Labor TOTAL COMPENSATION (lines 1.a -e) $58,230.00 Task Order Form — H2S Remediation Improvements EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 2. Additional Services (Part 2 of Exhibit A) I (N/A) I Direct Labor *Based on a one-month continuous construction period. 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 Consultants' charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: None 8. Other Modifications to Agreement and Exhibits: None 9. Attachments: Exhibit A — Engineer's Services for Task Order 10. Other Documents Incorporated by Reference: December 5, 2017 Agreement between Owner and Engineer for Professional Services, Task Order Edition Task Order Form — H2S Remediation Improvements EICDC® E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 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, Montana ENGINEER: Kadrmas, Lee & Jackson, Inc. By: Print Name: Title: DESIGNATED REPRESENTATIVE FOR TASK ORDER Name: Kurt Markegard Title: Director of Public Works Address: PO Box 10, Laurel, MT 59044 E -Mail kmarkegard(@Iaurel.mt.gov Address: Phone: 406-628-4796 By: Print Name: Title: Engineer License or Firm's Certificate No. (if required) State of: Montana P E L -E F -LIC -37 DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Travis Jones Title: Project Manager Address: PO Box 80303 Billings, MT 59108-0303 E -Mail travis.jones@kljeng.com Address: Phone: 406-245-5499 Task Order Form — H2S Remediation Improvements EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 This is EXHIBIT A, consisting of 13 pages, referred to in and part of the Task Order 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. Consult with Owner to define and clarify Owner's requirements for the Specific Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations, and identify available data, information, reports, facilities plans, and site evaluations. a. If Owner has already identified one or more potential solutions to meet its Specific Project requirements, then proceed with the study and evaluation of such potential solutions: During discussions between the Owner and Engineer, prior to the Task Order, the likely solution was identified to include the addition of an aeration system to the Village Lift Station for H2S control. The services provided under this Exhibit are based on this potential solution. If Engineer identifies concerns with the suitability of an aeration system to adequately address the 1-12S remediation, Engineer shall notify Owner in writing to identify the concerns, coordinate for the development of an alternative approach, and amend the task order (if necessary) to incorporate any unforeseen services. 2. Identify potential aeration solution(s) to meet Owner's Specific Project requirements, as needed. 3. Evaluate the potential aeration solution(s) to meet Owner's Specific Project requirements. If concerns are identified in the capability of the aeration solution to address the H2S remediation, Engineer shall notify Owner immediately following the evaluation of the aeration solutions and prior to proceeding with the next phase of services. 4. Visit the Site, or potential Specific Project sites, to review existing conditions 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 for Owner to obtain, furnish, or otherwise make available to Engineer additional Specific Project -related data and information, for Engineer's use in Exhibit A — Engineer's Services — H2S Remediation Project EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 the study and evaluation of potential solution(s) to Owner's Specific Project requirements, and preparation of a related Draft Design Memo. 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. 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. 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% 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 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 E1CDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 6. Develop and deliver to the Owner an opinion of probable Construction Cost. B. Engineer's services under the Final Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications, other assembled Construction Contract Documents, bidding -related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables. C. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established under this Task Order is one. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Task Order. 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. 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. Any re -bidding, beyond the initial letting, will be considered an additional service, unless agreed upon by both parties. A1.05 Construction Phase A. As Basic Services, Engineer shall: 1. Coordinate the execution of the Contract Documents between the Owner and Contractor. 2. General Administration of Construction Contract: Consult with Owner and act as Owner's representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer shall be as assigned in EJCDC° C-700, Standard General Conditions of the Construction Contract (the Edition of which is to coincide with the current Montana Public Works Standard Specifications in effect at the time of a specific Task Order), prepared by the Engineers Joint Contract Documents Committee, or other construction general conditions specified in the Agreement. If Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of Exhibit A — Engineer's Services — H2S Remediation Project EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 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. 4. Electronic Transmittal Protocols: If the Construction Contract Documents do not specify protocols for the transmittal of Project -related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, then together with Owner and Contractor jointly develop such protocols for transmittals between and among Owner, Contractor, and Engineer during the Construction Phase and Post -Construction Phase. 5. Original Documents: If requested by Owner to do so, maintain and safeguard during the Construction Phase at least one original printed record version of the Construction Contract Documents, including Drawings and Specifications signed and sealed by Engineer and other design professionals in accordance with applicable Laws and Regulations. Throughout the Construction Phase, make such original printed record version of the Construction Contract Documents available to Contractor and Owner for review. 6. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 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 Contractor's executed Work. Such visits and observations by Engineer, are not intended to be exhaustive orto extend to every aspect of the Work orto involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement, this Task Order, and the Construction Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment. 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 EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 The purpose of Engineer's visits to the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Construction Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Construction Contract Documents. Engineer shall not, during such visits or as a result of such observations of the Work, supervise, direct, or have control over the Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to any Constructor's work in progress, for the coordination of the Constructors' work or schedules, nor for any failure of any Constructor to comply with Laws and Regulations applicable to furnishing and performing of its work. Accordingly, Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's failure to furnish or perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. 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 nonetheless not compatible with the design concept of the completed Project as a functioning whole, then inform Owner of such incompatibility, and provide recommendations for addressing such Work. 10. Clarifications and Interpretations: 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. Exhibit A — Engineer's Services — 112S Remediation Project EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 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. 14. Non -reviewable matters: If a submitted matter in question concerns the Engineer's performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (1) the performance or acceptability of the Work under the Construction Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation. 15. Shop Drawings, Samples, and Other Submittals: Review take appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals, but only for conformance with the information given in the Construction Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews 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 A2.01.13.2 of this Exhibit A. 17. Inspections and Tests: 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. Exhibit A — Engineer's Services — 112S Remediation Project EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 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 Engineer will 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 Construction Contract. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, Contractor's Work has progressed to the point indicated, the Work is generally in accordance with the Construction Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Construction Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). b. By recommending payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement or this Task Order. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work, or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Exhibit A — Engineer's Services — H2S Remediation Project EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Pase 7 Engineer to make any examination to ascertain how or for what purposes Contractor has used the money paid to Contractor by Owner; to determine that title to any portion of the Work, including materials or equipment, has passed to Ownerfree 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 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 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. Final Notice of Acceptability of the Work: Conduct a final visit to the specific Project to determine if the Work is complete and acceptable so that Engineer may recommend, in writing, final payment to Contractor. 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 will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 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 — H2S Remediation Project EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 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 Contract under the Task Order. 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 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 or governmental grants, loans, or advances in connection with the Specific Project; preparation or review of environmental assessments and impact Exhibit A — Engineer's Services — H2S Remediation Project EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Pase 9 statements; review and evaluation of the effects on the design requirements for the Specific Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Specific Project. 2. Full-time RPR Services. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. This shall include any survey services not explicitly stated within the scope of services. 4. Services resulting from significant changes in the scope, extent, or character of the portions of the Specific Project designed or specified by Engineer, or the Specific Project's design requirements, including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of the Task Order or are due to any other causes beyond Engineer's control. 5. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to herein. 6. Services required as a result of Owner's providing incomplete or incorrect Specific Project information to Engineer. 7. Providing renderings or models for Owner's use, including services in support of building information modeling or civil integrated management. 8. Undertaking investigations and studies including, but not limited to: a. Evaluation of alternatives to aeration, if Engineer identifies concerns in the ability of aeration options to adequately address the H2S remediation. b. detailed consideration of operations, maintenance, and overhead expenses; C. based on the engineering and technical aspects of the Project, the preparation of feasibility studies (such as those that include projections of output capacity, utility project rates, project market demand, or project revenues) and cash flow analyses, provided that such services do not include rendering advice regarding municipal financial products or the issuance of municipal securities; preparation of appraisals; Exhibit A — Engineer's Services — H2S Remediation Project EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 e. evaluating processes available for licensing, and assisting Owner in obtaining process licensing; f. detailed quantity surveys of materials, equipment, and labor; and g. audits or inventories required in connection with construction performed or furnished by Owner. 9. Furnishing services of Consultants 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 the following services: a. Services attributable to more prime construction contracts than specified in Paragraph A1.03.0 or the specific Task Order. b. Services to arrange for performance of construction services for Owner by contractors other than the principal prime Contractor, and administering Owner's contract for such services. 12. Services during out-of-town travel required of Engineer, other than for visits to the Site or Owner's office as required in Basic Services. 13. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review processes. 14. Preparing additional bidding -related documents (or requests for proposals or other construction procurement documents) or Construction Contract Documents for alternate bids or cost estimates requested by Owner for the Work or a portion thereof. 15. Assistance in connection with bid protests, rebidding, or renegotiating 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. 16. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all Addenda and any amendments negotiated by Owner and Contractor. 17. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. Exhibit A — Engineer's Services — H2S Remediation Project EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 18. Supplementing Record Drawings with information regarding the completed Project, Site, and immediately adjacent areas obtained from field observations, Owner, utility companies, and other reliable sources. 19. 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. 20. Preparation of operation, maintenance, and staffing manuals. 21. Protracted or extensive assistance in refining and adjusting of Project equipment and systems (such as initial startup, testing, and balancing). 22. Assistance to Owner in training Owner's staff to operate and maintain Specific Project equipment and systems. 23. 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. 24. 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. 25. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.05.A.8, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 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 Basic Services). 28. Provide assistance in responding to the presence of any Constituent of Concern at any Site, in compliance with current Laws and Regulations. 29. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. B. Advance Written Authorization Not Required: Engineer shall advise Owner in advance that Engineer will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following services are not Exhibit A — Engineer's Services — H2S Remediation Project EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 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. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or equal" items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. Services resulting from 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 or cultural significance, (b) emergencies or acts of God endangering the Work, (c) damage to the Work by fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, or (f) default by Contractor. Services (otherthan Basic Services during the Post -Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. 6. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. 8. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by Federal, State, or local safety authorities for similar construction sites. Exhibit A — Engineer's Services — H2S Remediation Project EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 RESOLUTION NO. R18-09 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 FACILITY. 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 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 of the system as fully described within the attached Task Order with is incorporated herein by reference; and WHEREAS, the services to be provided and cost for such services are fully 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 the 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. 2018 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 20" day of February, APPROVED by the Mayor this 201h 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 R18-09 Approve Task Order for WTP Screw Press Kadrmas, Lee & Jackson, Inc. This is a Task Order for KLJ Project No. 1804-00120, consisting of 4 pages, plus attachments. Task Order: Wastewater Treatment Plant Screw Press In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services – Task Order 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): Wastewater Treatment Plant Screw Press E. Specific Project (description): This project consists of the final selection of process equipment, design, and construction phase services for the addition of a sludge screw press and conveyance system at the Owner's wastewater treatment facility. 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: Set forth in Part 1—Basic Services of Exhibit A, "Engineer's Services for Task Order," modified for this specific Task Order, and attached to and incorporated as part of this Task Order. B. Resident Project Representative (RPR) Services - Not Used C. Designing to a Construction Cost Limit– Not Used D. Other Services - None E. All of the services included above comprise Basic Services for purposes of Engineer's compensation under this Task Order. 3. Additional Services A. Additional Services that may be authorized or necessary under this Task Order are: Set forth as Additional Services in Part 2—Additional Services, of Exhibit A, "Engineer's Services for Task Order," modified for this specific Task Order, and attached to and incorporated as part of this Task Order. 4. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: Task Order Form — Wastewater Treatment Plant Screw Press EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 • 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, A1.03) $52,000.00 Lump Sum 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 1.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 construction period. Task Order Form — Wastewater Treatment Plant Screw Press EICDC® E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 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 Consultants' charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: None 8. Other Modifications to Agreement and Exhibits: None 9. Attachments: Exhibit A — Engineer's Services for Task Order 10. Other Documents Incorporated by Reference: December 5, 2017 Agreement between Owner and Engineer for Professional Services, Task Order Edition Task Order Form — Wastewater Treatment Plant Screw Press EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 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, Montana ENGINEER: Kadrmas, Lee &Jackson, Inc. By: By: Print Name: Print Name: Title: DESIGNATED REPRESENTATIVE FOR TASK ORDER Name: Kurt Markegard Title: Director of Public Works Title: Engineer License or Firm's Certificate No. (if required): PEL-EF-LIC-37 State of: Montana DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Travis Jones Title: Address: PO Box 10, Laurel, MT 59044 Address: E -Mail kmarkepard@laurel.mt.Qov Address: Phone: 406-628-4796 Project Manager PO Box 80303 Billings, MT 59108-0303 E -Mail travis.jones@kljeng.com Address: Phone: 406-245-5499 Task Order Form — Wastewater Treatment Plant Screw Press EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 This is EXHIBIT A, consisting of 14 pages, referred to 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 SERVICES A1.01 Study and Report Phase Services A. As Basic Services, Engineer shall: 1. Consult with Owner to define and clarify Owner's requirements for the Specific Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations, and identify available data, information, reports, facilities plans, and site evaluations. If Owner has already identified one or more potential solutions to meet its Specific Project requirements, then proceed with the study and evaluation of such potential solutions: During discussions between the Owner and Engineer, prior to the Task Order, the likely solution was identified to include the addition of one screw press and one conveyance system. The conveyance system is likely to be located between the screw press and an overhead door, with a roll off dumpster to be located adjacent to the existing Thickener Building. The services provided under this Exhibit are based on this potential solution. 2. Due to schedule limitations to get the screw press online, Owner has elected to forego a pilot study for the proposed screw press. Owner has already completed an investigation of potential presses and will make a selection on which system it wishes Engineer to utilize for design purposes. Owner also acknowledges the potential 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 stabilized), with the resulting operations and maintenance costs dependent upon the type of chemical feed system and required feed rates. Engineer shall not concern itself with the potential of increased operations and maintenance costs from the selection of the press without the completion of a pilot study, and instead should focus efforts to expedite the design, construction, and commissioning of the facility. 3. Complete a preliminary investigation for the purposes of developing budgetary costs and an implementation schedule forthe completion of the four identified wastewater projects in 2018, if feasible. The budgets shall provide budgetary level opinions of the "all -in" costs for the engineering, construction, and equipment necessary for the completion of each project; and the schedules shall include a timeline for engineering, equipment procurement, and construction. A memorandum shall be provided to the Owner Exhibit A — Engineer's Services — Wastewater Treatment Plant Screw Press EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 summarizing the findings of the preliminary investigation. With the findings of the memorandum, the Owner will be able to identify its preferred schedule for implementation of each project to align with financial constraints. The projects addressed within the memorandum shall include: a. Installation of the screw press; b. Replacement of the sludge handling pumps; c. Cleaning and rehabilitation of the sludge digesters; d. Rehabilitation and rebuilding of the Archimedes Screw Pump. 4. If the findings of the preliminary investigation indicate that it's feasible to complete all projects in 2018, Owner and Engineer will coordinate for an amendment of an existing task order or issuance of a new task order for the remaining efforts not included within this Task Order (i.e. sludge digesters and Archimedes screw pump). 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 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 will be considered complete on the date when Engineer has delivered to Owner the Final Design Memo. Exhibit A — Engineer's Services — Wastewater Treatment Plant Screw Press EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 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% 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 under the Final Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications, other assembled Construction Contract Documents, bidding -related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables. C. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established under this Task Order is one. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Task Order. Exhibit A — Engineer's Services — Wastewater Treatment Plant Screw Press E1CDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 A1.04 Bidding or Negotiating Phase A. As Basic Services, Engineer shall: 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 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. 2. General Administration of Construction Contract: Consult with Owner and act as Owner's representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer shall be as assigned in EJCDC® C-700, Standard General Conditions of the Construction Contract (the Edition of which is to coincide with the current Montana Public Works Standard Specifications in effect at the time of a specific Task Orderl, 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 otherterms 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. Exhibit A — Engineer's Services — Wastewater Treatment Plant Screw Press EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 4. Electronic Transmittal Protocols: If the Construction Contract Documents do not specify protocols for the transmittal of Project -related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, then together with Owner and Contractor jointly develop such protocols for transmittals between and among Owner, Contractor, and Engineer during the Construction Phase and Post -Construction Phase. S. Original Documents: If requested by Owner to do so, maintain and safeguard during the Construction Phase at least one original printed record version of the Construction Contract Documents, including Drawings and Specifications signed and sealed by Engineer and other design professionals in accordance with applicable Laws and Regulations. Throughout the Construction Phase, make such original printed record version of the Construction Contract Documents available to Contractor and Owner for review. Original Contract Documents shall be issued with a separate color spine or similar method of differentiation, as coordinated with Owner. 6. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 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 (6) visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe the progress of Contractor's executed Work. Such visits and observations by Engineer, are not intended to be exhaustive orto extend to every aspect of the Work orto involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement, this Task Order, and the Construction Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer's visits to the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for owner a greater degree of confidence that the completed Work will conform in general to the Construction Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Construction Contract Documents. Engineer shall not, during such visits or as a result of such observations of the Work, supervise, direct, or have Exhibit A — Engineer's Services — Wastewater Treatment Plant Screw Press E1CDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 control over the Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to any Constructor's work in progress, for the coordination of the Constructors' work or schedules, nor for any failure of any Constructor to comply with Laws and Regulations applicable to furnishing and performing of its work. Accordingly, Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's failure to furnish or perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. 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 nonetheless not compatible with the design concept of the completed Project as a functioning whole, then inform Owner of such incompatibility, and provide recommendations for addressing such Work. 10. Clarifications and Interpretations: 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, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 14. Non -reviewable matters: If a submitted matter in question concerns the Engineer's performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (1) the performance or acceptability of the Work under the Construction Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation. 15. Shop Drawings, Samples, and Other Submittals: Review and take appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals, but only for conformance with the information given in the Construction Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews 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 A2.01.13.2 of this Exhibit A. 17. Inspections and Tests: a. Receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Construction Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Construction Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Construction Contract Documents. Engineer shall be entitled to rely on the results of such inspections and tests. b. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. 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 Exhibit A — Engineer's Services — Wastewater Treatment Plant Screw Press EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 Engineer will 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 Construction Contract. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, Contractor's Work has progressed to the point indicated, the Work is generally in accordance with the Construction Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Construction Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). b. By recommending payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement or this Task Order. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work, or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the money paid to Contractor by Owner; to determine that title to any portion of the Work, including materials or equipment, has passed to Owner free and clear of any liens, claims, security interests, or encumbrances; or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 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 Exhibit A — Engineer's Services — Wastewater Treatment Plant Screw Press EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 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 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. Final Notice of Acceptability of the Work: Conduct a final visit to the specific Project to determine if the Work is complete and acceptable so that Engineer may recommend, in writing, final payment to Contractor. 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 will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 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 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 Contract under the Task Order. Exhibit A — Engineer's Services — Wastewater Treatment Plant Screw Press EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 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 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. Include the design of the replacement of one or both sludge transfer pumps in the lower level of the digester building. 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 Exhibit A — Engineer's Services — Wastewater Treatment Plant Screw Press EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 statements; review and evaluation of the effects on the design requirements for the Specific Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Specific Project. S. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 6. Revisions or additions when such revisions or additions are inconsistent with approvals or instructions previously given. 7. Services resulting from significant changes in the scope, extent, or character of the portions of the Specific Project designed or specified by Engineer, or the Specific Project's design requirements, including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of the Task Order or are due to any other causes beyond Engineer's control. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to herein. Services required as a result of Owner's providing incomplete or incorrect Specific Project information to Engineer. 10. Providing renderings or models for Owner's use, including services in support of building information modeling or civil integrated management. 11. Undertaking investigations and studies including, but not limited to: a. detailed consideration of operations, maintenance, and overhead expenses; b. based on the engineering and technical aspects of the Project, the preparation of feasibility studies (such as those that include projections of output capacity, utility project rates, project market demand, or project 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, and assisting Owner in obtaining process licensing; e. detailed quantity surveys of materials, equipment, and labor; and Exhibit A — Engineer's Services — Wastewater Treatment Plant Screw Press EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 f. audits or inventories required in connection with construction performed or furnished by Owner. 12. Furnishing services of Consultants for other than Basic Services. 13. 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. 14. Providing the following services: a. Services attributable to more prime construction contracts than specified in Paragraph A1.03.0 or the specific Task Order. b. Services to arrange for performance of construction services for Owner by contractors other than the principal prime Contractor, and administering Owner's contract for such services. 15. Services during out-of-town travel required of Engineer, other than for visits to the Site or Owner's office as required in Basic Services. 16. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review processes. 17. Preparing additional bidding -related documents (or requests for proposals or other construction procurement documents) or Construction Contract Documents for alternate bids or cost estimates requested by Owner for the Work or a portion thereof. 18. Assistance in connection with bid protests, rebidding, or renegotiating 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 incorporate and integrate the content of all Addenda and any amendments negotiated by Owner and Contractor. 20. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. 21. Supplementing Record Drawings with information regarding the completed Project, Site, and immediately adjacent areas obtained from field observations, Owner, utility companies, and other reliable sources. Exhibit A —Engineer's Services —Wastewater Treatment Plant Screw Press E1CDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 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 Owner'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 property 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 types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services, using the basis of compensation for Additional Services, as indicated in the specific Task Order. 1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner. Exhibit A — Engineer's Services — Wastewater Treatment Plant Screw Press EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or equal" items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 3. Services resulting from 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 or cultural significance, (b) emergencies or acts of God endangering the Work, (c) damage to the Work by fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, or (f) default by Contractor. 5. Services (otherthan Basic Services during the Post -Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. 6. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands. 7. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. 8. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by Federal, State, or local safety authorities for similar construction sites. Exhibit A — Engineer's Services — Wastewater Treatment Plant Screw Press EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14