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HomeMy WebLinkAboutResolution No. R18-27RESOLUTION NO. R18-27 A RESOLUTION AUTHORIZING AND APPROVING ADDITIONAL SERVICES BY KLJ UNDER THE TASK ORDER FOR PLANNING SERVICES APPROVED VIA RESOLUTION NO. R18-12 CONSTITUTING THE PREPARATION OF AND ASSISTANCE WITH THE ADOPTION OF NEW FLOODPLAIN REGULATIONS FOR THE CITY OF LAUREL, MONTANA. WHEREAS, the City of Laurel's participation in the National Flood Insurance Program (NFIP) is based upon a mutual agreement with the Federal Emergency Management Agency (FEMA); and WHEREAS, in return for the local adoption and enforcement of floodplain management regulations that meet the minimum criteria of the NFIP, FEMA provides the availability of flood insurance coverage within the City of Laurel; and WHEREAS, FEMA periodically evaluates the administration and enforcement of the floodplain regulations and provides updates to Flood Insurance Rate Maps and Flood Plain Management Regulations; and WHEREAS, FEMA has the authority to impose penalties up to and including suspension from the NFIP should the City not adopt and enforce compliant Flood Plain Management Regulations; and WHEREAS, the Montana Department of Natural Resources and Conservation (DNRC) supports the NFIP and serves as the State liaison with FEMA to coordinate activities and provide support, technical assistance, training, and outreach to City officials in the execution of their duties to identify, prevent, and resolve floodplain management issues; and WHEREAS, it is the intent of the Flood Plain Hazard Management regulations to provide for the safety of the residents living or working along the rivers, streams and drainages in the City of Laurel by adopting land uses and reasonable limitations on construction activities; and WHEREAS, the purpose of this chapter is to promote the public health, general welfare, and safety; to minimize flood losses in areas subject to flood hazards; to preserve and enhance natural watercourses; and to promote wise use of the floodplain; and WHEREAS, the City of Laurel 2013 Flood Plain Hazard Management Regulations have been deemed to be inadequate by DNRC and must be updated to comply with the minimum requirements imposed upon the City by FEMA and DNRC. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana, that KLJ is authorized to prepare new Floodplain Regulations and to assist the City throughout the subsequent local adoption process as required by FEMA and DNRC; and R18-27 Additional Services/KLJ/City Planning Services: Floodplain Regulations BE IT FURTHER RESOLVED, the Mayor and City Clerk are authorized to execute any agreements, forms or documents required to effectuate this Resolution. Introduced at a meeting of the City Council on June 5, 2018, by Council Member McGee PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 5t" day of June 2018. CITY OF LAUREL Thomas C. Nelson, Mayor BethanuU Lkn2v0Clerk-Treasurer FORM Sam Painter Civil City Attorney R18-27 Additional Services/KLJ/City Planning Services: Floodplain Regulations DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 4,11,' STEVE BULLOCK GOVMNOR -STATE OF W "'NTANA .lYkr:>, -.� WAIERRLSOURCLSDIVISION (406)444-bbUl in Trl rr 1\ 'NI I400143.0313 / (1061 411•;915 �J May 26, 2016 City of Laurel Floodplain Administrator 1 Noel Caton P.U. Boa 10 !.:.nil. \I�1• ;!;();1.1 Dear Noel: DIRECTOR'S OrrICE 11061 414-2074 TEI.ErA,\ NUMBER (406) 444-2bS4 11219TH AVENUE PO BOX _01601 HOLENA, MONTANA 5900.1601 MIN I hope this letter finds you well. i would like to thank you for electing with nle on January =4, 2016. Please allow this letter and the attached Coltlmunity Assistance Visit (CAV) Reports to serve as a summary of the relevant points covered during the visit. After carclul review of the City of Laurel's floodplain program, there were a few items that we will need to follow-up with the community on: 1. The City of Laurel will need to update their ordinances within six months of the date of this Community Assistance Visit follow-up letter. The community will need to update their ordinance to the 2014 nxldrl and include the 2016 LOMR. If additional time is needed for the ordinance update, then the community should submit written request to me. 2. T'he conllnunity needs to continue to provide information on the mitigation, enforcement and perinit activities 111 the SI'IIA. 3. DNRC Floodplain program will continue to work with Noel on training for mapping products and tools. 4. DNRC will send a copy of the FIS to the community and work with Laurel on the ordinance update. 5. DNRC will provide additional information on floodprool'ing for the applicant and the coil) mlmity. G. DNRC will provide an etanlpic of a Recovery Plan to the community. 7. The conlnlunity should continue to educate landowners about permit requirements and development practices along the river and in designated floodplains. 4. Additional outreach and education should be performed annually throughout the community to highlight the benefits of flood insurance. ). Please review and provide comments on the attached CAV report for any errors or information that may have been left out. As mentioned previously, it is required that both DNRC and FEMA approve any changes to your floodplain regulations prior to adoption. It is a required review process as well as a benefit for the community to make sure the updated regulations meet both state and federal regulations. STATE wATGt PROJECTS WATER MANAGEMENT WATER OPERATIONS WATER RIGHTS BUREAU BUREAU BUREAU BUREAU (106)111-6b4b NOW 444.607 (406)444.OS60 (406)111.6610 One the- time comes, I will be available. to wmh with you throughout this process to assist vritla any, questions ansa concerns. I lore is nay contact information, along with information for the National Hood Insurance Program (NFIP) Specialist for Montana, Marijo Brady. Please feel free to contact either one of us with questions: "Iraqi Sears NFIP Coordinator Montana DNRC Floodplain Program 1424 9" Ave. I lelena. y,-t`t° 59620 4064406654 tse<ai_w4Ynt. Dov Marijo Brady NFIP Spccialkt, FEMN Region VI1l 110. Box 25267 D1'C, 131dg 710 I_)cnver, CC) 80225 303-235 14835 naarijc7.brad� �ix.dlas.tov I know that in the last fevv months, you have been actively noticing with San' .Johnson. DNRC Regional F�tlginccr. oil floo 1plaaio prcjccts aiid iMbrmatimL I oncoutoge th4 comm"nity to c(m6nue Uo utdke :?tip' DNRC' I' to )dplain Program as a commtlntty resource. 1 look forward to talking with you soon and please call nae Wh any questions yon may have cotwuning this letter or the enclosed CAV reports. `.?I17GCCe�y"V_. Traci vicar.. CI i�'I National Flood ansuratwe Program (lv'FHQ CootAbawr Montana JDNRC Floodplain Progr ain 1424 90 Ave. Ilelcna, %9T 59620-1601 406-x1111106511 cc: Nitulo thaady, FINA; Sam .&I -m on, Idw tang DINRC Attachments: Community Assistance Report (Draft) COM N4 1i NITY ASSISTANCE VISIT REPORT CITY OF LAUREL VF',LLOWSTONE COUNTY, MONTANA ,JANUARY 4, 20161 FINDINGS: 1) C."0111munity Floodplain Man agernen I Regulations — (Are there any problenis Serious — Minor — None - N/A) - Minor LaLircl regulates development within the identified floodplain via an Ordinance amending I p Chipior 1 S,7 0 o-l"Ll-ic Laurel Municipal Code "Floodplain Re-1-11ILiol-IS" effective Novert'iber 1, 2013. A review of this ordinance lias found the majority oFtlie docuni,cia in cornpilance with the requirements of section 60.3 ) ofTitle 44., of the Code of, Federal Reaulations (44CF R), The only minor issuc,,with the ordinance is the state model used for this local ordinance Section 11.7, the reSpoT sibility of floodplain administration is v,,ith the office ot'planninL(Ij Copies of the ordinance are available in the Clerk and Recorders and Planning Offices. C� ,Issues: Currently, the effective ordinance is based on the 2013 versioli of the State Model Floodplain Ordinance an older version of the State Model completed in 2014. The inance and is , community will also need to include the LOMB 15-08-1029P to reflect the change in jurisdictional area for the S1- IA. Remedies: 'file cortirritinity should look into updating their ordinance to reflect the small changes to the state 2013 version and to include LOMR 15-08-.1029P dated January 8, 2016. The community was provided a copy of the 2014 State Nlodel Floodplain Ordinance which is also available for download at Traci Sears with Montana DNRC C11COUra(yed the conununity to work with DNR.0 and FEMA in the updating or amendinc, of the ordinance. 2) Enginceiing oj- other pi-oblenis with the maps of Flood Insurance Study — (Are there -in), problems with the community administrative and enforcement procedures — SeriOLIS- Miiior-None-N!A) — Minor. The current effective Flood Insurance Study (.FIS) and Flood insurance Rate Maps (FiRiv1s) are dated November 6, 2013, The 2-013 FIS and FIR',Msarnended the initial detailed Flood Trisurance Study (FTS) with an effective date of July 6. 1982 and the accompanying Flood Insurance Rate Maps that rn went effective January 6, 1983. Issues: Noel refers to the FlW\'Is and FfS �vhcn nceded. SlIC WOUld like soinc addilional training on how to use I -lie naps unci Flood Insurance Study. Noel is not aware of any issues or changes to thc, Special I-I'lood Hazard Area (SFI-IA) since November 6, 2013. The C013-111-11.111itY requested an additional copy of the FIS for the City of Laurel. The con infinity will also need to amend their current ordinance to reflect LOMR 15-08- 1029P, Renjedies: 5KkE Floodplain program will continue to work with Noel ontraining for inal)ping products and tools. DNRC will send a copy of the FIS to the community and work with Laurel oil the ordinance update. 3) Biennial Report Data — (A re there any problems with the community B iciiniai Report J)aui --- 1\4,qjor-Minor-None-N/A) - Minor Per FE1\4A Region VII I, at this time FEMA is not requiring submittal of community Biennial reports. 4) Violations/E.nfoi-cenient — (Are there any potential violations of the community management regulations? — Yes -No -N/A) Minor At the time of (lie CAV. Laurel was not aware of any violations. Issues: In March, 2016 the community started an enforcement procedures on a new gas station that is going into the SFHA.Thc community has asked for- additional information on floodproof Ing for the applicant and the community. Remedies: The community is working with DNRC to help resolve this enforcement issue. It is important that the community is familiar with the NFIP program. DNRC is also working closely vvith the Department of Eiivifon mental Quality (DEQ) — underground storage division. Traci Sears and Steve Story with DNRC Floodptain, program met with DEQ representatives to go over the NFIP and local. floodplain programs. Both agencies are dedicated to moving forward with improved collaboration and understanding. DNRC will provide additional information on floodproofing for the applicant and the community. 5) Administration and Enforcement Procedimes - (Are there any problems with the COMMUnIty administrative. and enforcement procedures? — Serious -Minor -None -N/A) Minor The initial detailed .flood Insurance Study (11 IS) with accompanying Flood Insurance Rate. Maps (FIRIk1s) went effective on November 6, 2013. As a condition of continued participation, in the NFIP, the City of Laurel was required to adopt floodplain rrianagoment regulations that accepted the and 1CCODIparlVil1f? snaps as well as meeting local,, state, and federal rcquirornents. Laurel has adopted floodplain management regulations Consistent with those required Linder Montana State Statute, Title 76, and Chapter 5. According to 44 CFR, 60.3 ) (d)� the City of Laurel has adopted Level "U' Floodplain Regulations. The study and maps are the primary tools used by the local floodplain administrator in assuring that all development in the designated floodplain meets the standards set forth in the floodptatin management regulations. Tho, City Planner, Noel Heaton, has assumed the duties of the floodplain administrator for the City of Laurel. She is new to the floodplain program and is eager to be educated and trained on the local program and the NFIP. Section 1.07 , identified the responsibility fnr Floodplain Administration with the City of Laurel planning office. I'loodplainpertnits are separate from all other permits; i.e. building permits. Information provided to the community included: • Answers to Questions on the NFIP • The Benefits of Flood 111SUMFICC Versus Disaster Assistance • Reducing Damage fi-oni Localized Flooding • E273 'vfailual 6) Floodplain ManageineutProgram -(Are there any otlieri)robleiiisiiithe community's floodplain, management program — Serious -Minor -None -N/ ) Minor The instances of floodplain permit applications were minimal and Traci Sears and Sam Johnson with Montana DNRC assisted with reviews and information for the community. There Nave been no variances or appeals issued or submitted by the community in the last year. M= Pcriiiits may have been required for emergency projects/activities that may have occurred in the designated floodplain. It is also important for the coninivaity to recognize any type of developinent in the 100 -year floodplain should have a floodplain permit; i.e. Substantial improvements, fill; retaining walls, etc... Remedies: Trainincy is a key component in understanding the requirements and responsibilities of the t' local floodplain prograrr. Montana DNRC provides training throughout the year to local communities and various stakeholders. DNRC provides training information and on-line training modules (currently in draft form) at wwNv.iiitflood1)1,iiii.i-nt.,,ov. 7) Programmatic issue or problems identified — (Yes -No) — Yes (Prograininatic problems relate to the nation or region, not just a community) 11 A. Careful and well though' decisions should be made when doing any type of development in and around a designated or natural floodplain. 13. Flood Insurance outreach should be a. main component for a local floodplain program. Remedies: A. The coniniunivv shoLild Continue to educate landowners about permit rcquirements and development practices along the river and in designated floodplain. B. Additional outreach and education should lie P-rf0I-Inedannually flIrOMA101A [lie community to highlight the benefit.,,-, of flood insurance. NARRATIVE: 1) Comniuni4,13ackgrouxid Notes: Laurel is located in the SOLIthINCStern corner of Yellowstone County, in south-central IN-Jontana, in Yellowstone County. The principal industries in Laurel include all oil ,�cflnery `a large railroad yard, and a niodular home plant. Land use in LaUrel Consists Of agricultural pasture, dryland, farming', irrigated crops, and urban developtnent. Dcvelopnient ,long Italian Ditch consists of business districts and industrial parks. Nutting Ditch is located in a rapidly growing residential area consisting of home sites and stib(livisiojis. Several small tributaries such as Clarks Fork, Ditch, Italian Ditch. and 'tinting Ditch, and a major tributary, Clarks Fork Yellowstone River, join Yellowstone River near Laurel. The topography N the cornniunity consists ol'gently sloping floodplains and alluvial fans rising to local terraces. 'the runoff water causing flooding problems within the corporate limits of Laurel originates as rainfall runoff frons local drainage areas surrounding the city. Floodwaters in tlic Italian Ditcli, and plain Street study reaches originate from am tingau-cd area west Z71 __ of Laurel. Flooding on May 18. 1978, was the worst in the history of Laurel and was used as the basis for the Main Street and Italian Ditch Studies. Major floods of record on Yellowstone River occurred in 1918, 1943, 1944, 1967, 1974, 1975, arid 2011. Laurel entered the regular phase of the NFIP on January 6, 1983. 2) Mitigation Grants Notes: Yellowstone County and the City of Laurel adopted Multi -Jurisdictional Pre -Disaster Mitigation Plan Update in 2011 The community is working on several grant opportunities to assist in the relocation and update to the water intake system. The community is closing out the riprap project on Riverside Park. There is a, concern on the ongoing erosion issues downstream of the bridge and near Riverside Park. 'the conunUnity Would also like to get in example of a Recovery Plat) to start putting together. 3) Other Findings, Notes: Findings, The comt-nunity is interested in all training opportunities to assist the planner/floodplain administrator. Ms. Seas briefly discussed floodplain training opportunities to include DNRC, EMI, and AMFM conference. Noel was able to attend the AMFM coul'crence that ',vas ficid, in Fairmont. 4') General CAV Notes The fol lowing Con-imunity Assistance Visit Report narrative has been prepare(! by 'I'raci ;year: with the Montana Department ofTNIaturaill Resources and Conservation (DNR( Traci met with Noel E.'atonhc Plamicrand Floodplain Administrav)r for the (`ity oil Laurel on,january 4, 2016 to conducta CAV and basic Hoodolain training. Floodplain iiiatcri�lls w4.rc distributed and discussed. the last CAV 4or tile coinimmi.June ulitV occurred 161.201As of.Tanuary4., 2016 CIS 13 floodplain policies in place for this connnunity and I I paid losses. 5) E.O. 11,988 Notes: Federal activities/projects need to consider floodplain requiren-ionts in the design and pro.icct construction. Also, the community is aware that prior to issuing a permit, they arc- required rcrequired to snake Sure all other applicable (federal. state, and local agency) applications I and permits have been received/issues for pro.jects located in the designated floodplain. 6) Con-mitmity Action Needed Notes: A. The community needs to continue to provide information on the mitigation, enforcement and permit activities in the SFHA. B. The community will need to update their ordinance to the 2014 model and include the 20 i 6 BOOR. C. DNRC Floodplain program will continue to work with Noel on training forniapping products truth tools. D. DNRC will send a copy of the FIS to the community and work with Laurel on the ordinance update, F- DNRC will provide additional information on floodproofing for the applicant and the corninUllity. F. DNR('will provide an example of a Recovery Plan to the community. G. The community should continue to educate landowners about pernift reqUirernentS and development practices along the river and in designated floodplains. I'l. Additional outreach, and education should be performed annually tIUOUgI1OUt the coniffluilitv to highlight the benefits of flood insurance. RESOLUTION NO. R18-12 :k RESOLUTION APPROVING A TASK ORDER THAT PROVIDES FOR PLANNING SERVICES FOR `I'IIF CITY ISSUED PURSUANT TO THE MASTER SERVICES AGREEMENT' BETWEEN ".IJIE CITY OF LAUREL AND KLJ ENC:INEERING. WHEREAS, the City of Laurel's planning services were previously provided by a full time City Plainer who was an employee of the City, who recently resigned; and WHEREAS, the City intends to advertise, locate and hire it qualified replacement for the city planncr position, hoWCVCr such action will take time and effort; and WHEREAS, the City currently has ongoing tasks within the planning department that requires a temporary consultant to perform such services until a full-time planner is located and hired; and WHEREAS, the City's on-call engineers (KLJ Engineering) employs qualified staff who are able to provide planning services for the City of Laurel on a temporary basis to enable the City's planning department to continue operating until a full-time planner is located and hired; and WHEREAS, the City requested KLJ prepare the attached "Task Order for the City Council's consideration, which includes the terms and conditions for their provision of planing services; and WHEREAS, the Mayor and City Staff have determined the attaclied Task Order is in the best interest of the City and recommends the City Council approving the attached Task Order for the provision of the City's planning services until a full time planner is located and hired. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, the Mayor and City Clerk are authorized to execute the attached Task Order for the provision of the City's planning services until a frill time City Planner is located and hired. Introduced at a meeting of the City Council on March 20, 2018, by Council Member -Herr PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 20th day of March, 2018. APPROVED by the Mayor this 20`1' day of March, 2018. CITY OF LAURELS / Tlt�s C. Nelson, Mayor Bethany Kee -r, Clerk -Treasurer APPROVE AS TO FORM: Sam Paint ivil i ttorney R18-12 Task Order City/KLJ City Planning Services Kim 1 Il 7 2018 K.Iri V],I11,1 goI(I 1'llhll;: Ojorks Dircr.Lor Cily UI 41111"d V.a r lnwll: kmitl'tt'r;ai'fl(�r%IilUl'L'i.ltlt.f;UV iii: i ilyt r)f Laur:fl P1.lnnirll; Services Do" Kull Ac_ clnfl Ink m cicr for Cit, of Lain cel Pldnninl; setWces is enclospd ku your revic av and c rrrincnt. Plclsc lake yo,ii .inic to road through the de.ttrilS and at les know if you have any questions or corrr.ctions. -fhe scope of services a igns with our unclewNrIcling of your cunversation with Forrest Sanderson Iasi Friday, fVlarch 2nd. I he nw;tr,r ,wwirvq agrnmmpnt (Agrnnrnpntj that ,vas exprnrtnrf or lkrnmhm 1, MY afthliet to 0 tak order's, wiles indicated otherwise in cath %pecific task order. For ma"wle, Fxhibil A in the Anne n mit: wa: replaced by tho Fxhib;t A attached to this tar.l, orclor, howovnr, Exhibit 13 a1011F with other nxhihits attached to the n;;rccnim arc incorporated by reference. Luc to the unique nature of Um requested piannig servicros, we mucic a revision to Fxhihil C, which is noted on the task order. Mc again, thank you vvq much for this oppor'tunitV. Wo ioolt forward to providing these tervice!, to the Cily of L wel. Sincerely, 10-11 L' h Forrest Sanderson, AICl', CFiM ProjecL Marta,uer' 1-n'USUIC(S): as. noLcC cc: file rNGIRFr.a1NG. 1t1'1N,Acltar1) This is a Task Order for KLJ Project No. I804 -00S5,1, consisting of four (4) Pages, Plus attiachments. TamkOrder: City ofLaurel Planning Services hIaccordance wit kParagraph 1.01 of Lhe Agreement Between Owner and Engineer for Professional Services -- Task Order Edition, dated December 5, 201-7 ("Agreement"), Owner and Engineer agree as follows: :1. Baclq!,rotind Data ALffective Date ofTask, Order: March 20, 2018 B. Owner: C. Engineer: D. Specific Project (title): E. Specific Project (description) 2. Services of Engineer ("ity of Laurel City ofLaurel Planning Services Planning services related to subdivision, zoning, development, floodplain hazard management, reviews and other related work A. The specific services to be provided or furnished by Engineer under this Task Order are: Set forth inPart 1--8auic Services ofExhibit A,"[ngnee/sServices fu/TaskOn6er,"modified for this specificTask Order, and attached to and incorporated as part of this Task Order. 8. Resident Project Representative (RPK)Services - Not Used C. Designing toaCunstrudjonCogUmk-NoLUsej D. CtherServ|us-yot Used E. All of the services included above comprise Basic Services for purposes of Engineer's compensation under thisTashOrder. 3. Additional Services A. Additional Services that may he authorized or necessary under this Task Order are: Set forth 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 a nd in Exhibit B. mskorde,Form-City of Lawdnanmng Services ocoCmE-505, Agreement Between Owner and Engineer for Professional Services - Task Order Edition. Copyright (D 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society ^fCivil Engineers. All rights reserved. 5. Task Order Schedule Planning services shall be completed within the timelines found in the applicable local rOgUlatiOul; OrIVIOntana Lovv.|1isantidpated(ha\serviusviUbep/oWded"on-caU"1k/oughouUthe6urationu[thrADreementopno request of Owner. 6. Pay"ients to Engineer A. Owner shall pay Engineer for set -vices rendered under thisTask Order as follows: Description of Service Amount Basis of Compensation 'I. Basic Services (Part 1) $ (tb(l) Direct Labor 2. Additional Services (Part 2) 41)(1) Direct Labor 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 Agreernent and Exhibits: Agreement Exhibit C "Payments to Engineer for Services and Reimbursable Expenses" Article 2, Part C2.02 is modified as follows. All other parts of Agreement Exhibit C remain unchanged. L Direct Labor CostsTimaaFactor L For the specified category of services, Owner shall pay Engineer an amount equal to Engineer's Direct Labor Costs times afactor of14for the services ofEngineer's employees engaged onthe Specific Project. Direct Labor Costs means salaries and wages paid to employees but does [lot include payroll -related costs or benefits, Under this method, Engineer shall also be entitled to reimbyl-Sement from Owner for the expenses identified in Paragraph [2.03 below, and Appendix 1. Frigineer's Reimbursable Expenses Schedule is attached to this Exhibit as Appendix 1, TaSJ�e r-. The scope of Engineer's services related to the Task Order is difficult to quantify, and total estimated conivensation is indeterminable; therefore, Owner shall 12av Ejg�ineer on Task Order Form - City of Laurel Planning Services FJCI)C', F-505, Agreement Between Owner and Engineer for Professional Services - Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society "( Civil Engineers. All rights reserved. an hourly (time and materials) basis for services related to the Task Order. Upon request by Owner Engineer shall provide estimated fees for specific tasks prior to beginning such tasks Identified as Basic Services (Part 1) or Additional Services (Part 2). This tetal—esH+ratet� compensation incorporates all labor, overhead, profit, and reirribursable expenses (including Consultant's charges, if any). 4. The amounts billed will be based on the applicable Direct Labor Costs for the cumulative hours charged to the specified category of services on the Specific Project during the billing period tirnes the above -designated factor, plus reimbursable expenses (including Consultant's charges, if any). 5. The Direct Labor Costs and the factor applied to Direct Labor Costs will be adjusted annually (as of January 1) to reflect equitable changes in the compensation payable to Engineer. 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 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 March 20, 2018. OWNER: City of Laurel ENGINEER: Kadrmas, Lee J?Icksold, Inc. By: By: P ri nt N a m e: 7VA CMO a5 G. Print Name: Title: ���_ Title DI'SIC;NATED REPRESEN I Al IVL FOR I ASK ORDLR Flame: Kurt Maikegard vp Engineer License or Firm's Certificate No. (if required): PEL-EF-1-IC-37 State of: Montana DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Forrest Sanderson, AICP, CFM Task Order Form — City of Laurel Planning 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 Title: Director of Public Works Title: planner PO Box 10 PO Box 80303 Address: Laurel, I'VIT59044 Address: Billings, MT 59108 E. -Mail E-Mdil Address: kiiiarl,,egard@latirel.i)nt.gov Address: forrest.saiiciersori@l,,Ijeng.coryi 13 It o n 406-629-4/90 Phone: 406-245-5499 Task Order Form —City of Laurel Planning Services EJCDC' E-505, Agreement Between Owner and Engineer for Professional Set -vices — 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 EKH|BIT A, consisting ofthree (3)pages, referred toinand part oftheTuskOrder dated March 2O'20I8. Engineer's Services for Task Order: City ufLaurel Planning Services PART 1--DASIC SERVICES A1.01 /loxminDIemice/ X As Basic Services and upon request 6yOwner, Engineer shall: L Consult with Owner to define and clarify Owner's requirements, including objectives and constraints, space, capadtyond performance requirements, flexibility, expandability, and any budgetary limitations, and identify available data.informahor, reports, facilities plans, and site evaluations. l COUICILICt Site Visits Lnreview existing conditions and facilities, unless Such vishzare not necessary or applicable. 3. Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer additional relevant data and information, for Engineer's use inproviding planning services. 4. Aker consu|tahon with Owner, recommend to Owner the solution(s) which in Engineer's judgment meet Owner's requirements. S. Identify, consult with, and analyze requirements ofapplicable governmental authorities or other stakeholders onacase'by-casebasis. G. Advise Owner of any need for Owner's legal counsel to review and approve Engineer's (?VaWaticins and necommendaiions,and review such matters with Owner's legal counsel. 7� Advise Owner of any need for Ownerto provide data orservices of the types described in Exhibit B. 8. Provide on-call planning and related technical support services (engineering, surveying, etc.) related tothe following: a. Capital improvement plan reviews b. Subdivision reviews c. Annexation requests d. Zoning reviews c. Special reviews, conditional uses, and similar requests [ Variance requests Q. Site plan reviews cxhoWtx—ennncrr,service —City ^, Laurel Planning Services FJCDC0 F -50S, Agreement Between Owner and Engineer for Professional Services — Task Order Edition, Copyright mxomNational Society ufProfessional Engineers, American Council o(Engineering Companies, and American Society *fCivil Engineers. All rights reserved. Page I k Development application reviews i Impact fee assessments i Hoodp|ainreviews and administration L Permit reviews as submitted byanoutside applicant i Review and recommend updates, revisions or amendments to local /egu|abonS, codes, standards, etc. nn. Other planning -related tasks requested by Owner 9� Prepare staKreports and recommendations toOwner. }Q. Attend and/orfad|iiaN public hearings, City Council meetings, workshops, boanycomm|!tee meetings, etc. B. Engineer's services shall be completed within the timelines found in the applicable local regulations or PNno|enaLaw. |\isanticipated that services will beprovded^on-caU"throughout the duration o[tile Agreement, upon request of Owner. PART 2 --ADDITIONAL SERVICES A7O1 ArMibo*dServices Requiring air Amendnent/oTask Order A. Advonce Written Authorizotion Required: During performance under a Task Order, Owner may authorize Engineer inwriting <ofurnish o/obtain homothers Additional Services ofthe types listed below, Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following servicesarenotiodudednspartof8asicIervicesandwiUbepaidforbyUwneras Additional Services, using the hasis of rompensatinn for Additional Services, as indicated in the specific"f-ask Order. l. Preparing updates, revisions uramendments tolocal regulations, codes, standards, etc. listed below, and providing drafts of such documents to Owner's legal counsel for review and approval by Owner: a. Subdivision regulations b. Zoning regulations ormaps c Floodplain regulations J. City code updates e. Growth policy preparation ur update toexisting [ Design standards for public and private infrastructure e. Standard specifications for construction o[public and p/ivaLeinfrastructure h. Capital Improvement plan and updates Exhibit x—Engineer's Services — City v[Laurel Planning Services cJCoCpp*05,Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright mzomNational Society vfProfessional Emmeu,s,^m:oo"cvunu|o[cncmeu,io:cmnvames, and American Society o/Civil Engineers. All rights reserved, Z. Preparetion of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with a specific project; and preparation orreviewof environrnerital assessments and impactstaterrients, orother envi,onmmotarelated field work and permitting tasks. 3. Services to make measured drawings of axbdog conditions or facilities, to conduct tests or investigations of oxis(ino- conditions or facilities, or to verify the accuracy of drawing,- or other information furnished byOwner orothers. 4. Assistance toOwner intraining Owner's staff, S. Services iequired as a result o[Owner's providing hicornplete or incorrect infori-nation to Engineer. 6. Providing renderings or 3-D (arlisiic) models for Owner's use. 7. Fxnnish}ogs»rvioyof[oneuhatits for other than BasicSemices. & Providing data or services o[the types described in Exhibit 8' when Owner retains Engineer to provide such data o/services instead o|Owner furnishing the snme. 9. Services during out-of-town travel required of Engineer, upon request of Owner, necessary to complete Basic Services. M Preparing toserve orserving as aconsukaoi or witness for Owner }o any litigation, o/bioa|iou' mediation, lien orbond claim, orother legal oradministrative proceeding. 11. Overtime work requiring higher than regular rates. 12. Provide assistance inresponding tothe presence oFany Constituent nfConcern aiany project site, incompliance with current Laws and Regulations. 13. The nature nftechnical support (enQioeering, surveying, eto.)described inAlD1.A.8above isto assist with p{anning're|aieJsewices. Providing engineering and surveying related to preliminary engineering, design, bidding, construction and post -construction phase services is not included. 14. Other additional services perfonnpd or furnished by Engineer not otherwise provided for in this Agreement. B. Advance Written Authorization Not Required: Engineer shall advise Owner ioadvance that Engineer will imniediatelycornmence to perform OrfUrnish the AdditionzilServices of the types listed below. Forxuch 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 ofBasic Services and will hepaid for by Owner as Additional Services, using the bads of compensation for Additional Services, as indicated in the specific Task Order. 1. None Exhibit A — Engineer's Services —City of Laurel Planning Services s/Co[w['su5,nenemmtBet ween o*nc,ouV[ooinoc,hxPmfes$vno|sc,vimo—mskonirrsdihon. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society vfCivil Engineers. All rights reserved.