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HomeMy WebLinkAboutCouncil Workshop Packet 06.26.2018AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, JUNE 26, 2018 6:30 P.M. CITY COUNCIL CHAMBERS Public Input: Citizens may address the Council regarding any item of City business that is not on tonight's agenda. The duration for an individual speaking under- Public Input is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item that is on tonight's agenda, we ask that you 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. 2. General items • Appoint Melissa Brennan to the Laurel Police Reserves • Vacancy List 3. Executive Review • Resolution — A resolution authorizing the Mayor to execute a contract for prosecution services between the City of Laurel and Elk River Law Office P.L.L.P. • Resolution — A resolution authorizing the Mayor to execute a contract with Wharton Asphalt LLC for the City's street repair project located at the intersection of 7d' Avenue and West 2nd Street within the City of Laurel. • Resolution — A resolution approving a task order authorizing Kadrmas, Lee & Jackson, Inc. for services relating to the City of Laurel's 2018 pavement maintenance project. • Resolution — A resolution authorizing and requesting the Mayor to prepare and issue a letter of thanks on the City's behalf to the Grace Bible Church for their community service project. • Council Issues: o Update on 2011 Yellowstone River flooding event o Update on 2018 flooding event o Update on West Railroad o Discuss Street Projects o Discuss expectations of Budget/Finance Committee 4. Other items 5. Review of draft council agenda for July 2, 2018 6. Attendance at the July 2, 2018 Council meeting 7. Announcements The City makes reasonable accommodations for any known disability that may interfere with a person's ability to participate in this meeting. Persons needing accommodation must notify the City Clerk's Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to Bethany Langve, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. June 19, 2018 Mayor Nelson Laurel Police, D artment 215 W. 1St Street Laurel, Mt. 59044 • Phone 406-628-8737 - Fax 406-628-4641 Chief of Police Rick Musson RE: Appointment to the Laurel Police Reserves Melissa Brennan Dear Mayor Nelson, I am requesting that Melissa Brennan be appointed to the Laurel Police Reserves. Melissa is coming back to us, she was a reserve from January 2015 until February 2017. Melissa is POST certified through the State of Montana and is a graduate of the Laurel Police academy. \! ou, .� Chief Musson Board/Commission Type of Appointment Length of Term Term Expiring Airport Authority 5year term 6/30/2023 City/County Planning Board City Rep./Mayor Appointment 2 year term 6/30/2020 City/County Planning Board City Rep./Mayor Appointment 2 year term 6/30/2020 City/County Planning Board County Rep 2 year term 613012020 Yellowstone Historic Preservation Board 2 year term 12/31/2019 * Advisory members only Committee List Approved July 20, 1999; Updated June 25, 2018 Budget/Finance Committee (LMC 2.08.240; Tuesday - day of Council meetings; 5:30 p.m.; Council Conference Room) Name Tide Address Phone Number ErneUeEa1on Chair 3ODWest Avenue 628-2164 Bruce McGee 31OFoundation Avenue 321-0329 Scot Stokes 11859th Avenue 861-2015 Richard Klose S11Cottonwood Avenue 671-I014 Tom Nelson Mayor City Hall 628-8456 *Bethany Keeler Clerk/Treasurer City Hall 628-7431 Emergency Services Committee (LMC 2.88.24O;Monday after 2nd council meeting each month; S:3Up.nn.;Council Chambers) Name Title Address Phone Number Richard Klose Sl1Cottonwood Avenue 671-2814 Iry Wilke 1Ol77th Avenue 670-6268 Bruce McGee 32OFoundation Avenue 321-0329 8i||K8ountsier 9O1Pennsylvania Avenue 628'4962 PatKirnnnet %13OSaddleback Drive 528-8550 TarynK4asya 3O4Cedar Avenue #3 608-631-0491 Richard Dawes 415West Avenue 855-37-25 *Rich Musson Pn|iceChief/DES Police Department 620-8737 *Brent Peters Fire Chief Fire Department 628-2164 Human Relation Committee (LMC 2.U8.240;Asneeded) Name Title Address Phone Number Tom Nelson Mayor City Hall 628-8456 Erne|ieEatnn Council President 3O8West Avenue 628-2164 Bruce McGee Council Vice President 31OFoundation Avenue 321-0329 Heidi Sparks Council K4ennber'at'La/31OYellowstone Avenue 671'0911 Public Works Committee (LMC 2.00.Z4U;3rd Monday ofeach month; 6:UOp.rn.; Council Chambers) Name Title Address Phone Number Enne|ieEaton Chair 3OUWest Avenue 628'2164 Bi||Mountsier Co -Chair 9O1Pennsylvania Avenue 628'4962 Richard Herr SO17th Avenue 628-8074 Heidi Sparks 31OYellowstone Avenue 671'0911 Marvin Carter 3O76th Avneue 628'6113 Dan Koch 32OColorado Avenue 628'7772 BrionRoat 1415QeartoothDrive 633-4277 Ken Gomer 2O4Foundation Avenue 702-5919 *KurtMarkugard Public Works Director City Hall 628-4796 Boards/Commissions Approved by Ordinance or Statute Airport Authority Board (Resolution No. 1848; 4th Tuesday at 7:00 p.m.; Airport Pilot's Lounge; 5 -year terms) Name Title Address Phone Number Term Brock Williams 5285 River Road 690-3911 6/30/2019 Shane Linse P.O. Box 80193, Billings 59108 671-6105 6/30/2020 John Smith Chair 600 Roundhouse Drive Apt. 103 628-4595 6/30/2021 Richard Herr 12235 Peaceful Plateau Trail 628-8074 6/30/2020 Randy Hand Shepherd 59079 259-7659 6/30/2022 Vacant Judy Goldsby Chair 6130/2023' Board of Appeals (As needed; 2 -year terms; LMC 14.04) Name Title Address Phone Number Term Vacant 6/30/2019 Vacant 6/30/2019 Vacant 6/30/2020 Vacant 6/30/2020 Vacant 6/30/2020 Cemetery Commission (2nd Tuesday/month; 5:00 p.m.; Council Conference Room; 2 -year terms; Ordinance No. 007-02; LMC 2.84) Name Title Address Phone Number Term Richard Klose 511 Cottonwood Avenue 671-1814 6/30/2019 David Gauslow 815 West 4th Street 794-8734 6/30/2019 Kenneth E. Olson, Jr. 1702 Groshelle Blvd. 860-8138 6/30/2019 Richard Herr 5017th Avenue 628-8074 6/30/2020 Wallace Hall 10061st Avenue 628-8158 6/30/2020 Tom Nelson Mayor City Hall *Kurt Markegard City Advisors for inforr City Hall *Bruce Lefler City Advisors for inforr City Hall 628-8456 Laurel Urban Renewal Agency (4 -year terms; Ordinance No. 008-09; LMC 20.02; 1st/3rd Mondays—Summer Schedule; 3rd Monday— Winter Schedule; 11:00 a.m.; Laurel Library) Name Title Address Phone Number Term Mardie Spalinger 628-7711 1075 West 14th Street 208-116 12/31/2018 Don Smarsh 12/31/2019 2016 First Avenue 208-5358 12/31/2019 Daniel Klein (A Haus of Realty) 1101 West 12th Street 855-9528 12/31/2020 Dean Rankin Co -Chair 1310 Fifth Avenue 628-8050 12/31/2020 Judy Goldsby Chair 2741 Alpine View Drive 855-0053 12/31/2021 LURA Advisory Members (4 -year terms; Ordinance No. 008-09) Name Title Address Phone Number Term Janice Lehman SED P.O. Box 69 628-7711 12/31/2018 Linda Frickel P.O. Box 1092 860-3976 12/31/2019 222 N. 32nd Street, Suite 200 Katy Easton BSEDA Rep Billings, MT 590101 256-6871 12/31/2020 Steve Solberg 500 SE 4th Street 860-4004 12/31/2021 Name Clair Killebrew Arthur Vogele Bill Hanson Samantha Barnhart Dixie Feller Name Iry Wilke Amy Pollock LuAnne Engh Ken Gomer Scot Stokes Richard Herr Phyllis Bromgard Name Tony Krumheuer Mike Kirschenmann Wallace Hall Library Board Title Address (2nd Tuesday at 6:00 p.m.; Laurel Library; 5 -year terms; LMC 2.80) Term Title Address Phone Number P.O. Box 86, Park City 59063 633-3081 520 Date Avenue 701-403-9110 Co -Chair 105 E. Main Street, Apt. 6 839-8802 12 3rd Avenue #4 690-5550 520 Date Avenue 628-4716 Park Board (1st Thursday at 5:30 p.m.; Council Chambers; 4 -year terms; Ordinance No. 006-08; LMC 12.28) Title Address Phone Number 1017 7th Avenue 670-6268 914 6th Avenue Co -Chair 1405 Willow Drive 204 Foundation Avenue Chair 1135 9th Avenue 5017th Avenue 216 Yellowstone Avenue Police Commission (As needed; 3 -year terms; LMC 2.60) Title Address 1414 Willow Drive 1112 Cherry Hills Drive 10061st Avenue 628-2944 698-0121 702-5919 861-2015 628-8074 628-6288 Phone Number 530-4008 628-6847 628-8158 City -County Planning Board (1st Thursday of each month; 10:00 a.m.; Council Chambers; 2 -year terms; LMC 2.72) Term 6/30/2019 6/30/2020 6/30/2021 6/30/2022 6/30/2023 Term 12/31/2018 12/31/2018 12/31/2018 12/31/2018 12/31/2020 12/31/2020 12/31/2020 Term 12/31/2018 12/31/2019 12/31/2020 Name Title Address Phone Number Term Roger Giese City Rep./Council Appc 2114th Avenue 647-5927 6/30/2019 Ken Gomer City Rep./Mayor Appoi 204 Foundation Avenue 702-5919 6/30/2019 Vacant City Rep./Mayor Appoint 698-0121 6/30/2020 Vacant City Rep./Council Appoint 6/30/2020 Vacant County Rep 208-3796 6/30/2020 Jerry Williams Yellowstoney County C 3904 Retreat Drive, Laurel 698-4549 6/30/2020 Ron Benner County Rep. 1408 East Maryland Lane 628-8668 6/30/2019 Jonathan Klasna County Rep. 3900 Yard Office Road 860-6541 6/30/2019 Judy Goldsby, County Rep - Chair 2741 Alpine View Drive 855-0053 6/30/2020 *Vacant - City Planner City Hall 628-7496 Tree Board (3rd Thursday at 9:00 a.m.; PWD Conference Room; 3 -year terms; Ordinance No. 005-01; LMC Name Title Address Phone Number Term Dale Ahrens 1518 West 9th Street 628-5773 6/30/2019 Phyllis Bromgard 216 Yellowstone Avenue 628-6288 6/30/2019 LuAnne Engh 1405 Willow Drive 698-0121 6/30/2020 Richard Herr 6/30/2020 Walter Widdis 609 6th Avenue 208-3796 6/30/2021 Aaron Christiansen 11317th Avenue 325-3594 6/30/2021 Other CommitteesjAppointments Health Insurance Committee (As needed once every quarter) Name Title Address Phone Number Fred Gregory Local 303 Rep Police Department 628-8737 Vacant Local 303 Rep Police Department 628-8737 Monica Salo Local 316 Rep City Court 628-1964 Roy Voss Local 316 Rep City Shop 628-4773 Matt Lurker CAO City Hall 6285-4796 Kelly Strecker Yellowstone Historic Preservation Board City Hall 628-74731 Bruce McGee City Council 310 Foundation Avenue 321-0329 Heidi Sparks City Council 310 Yellowstone Avenue 671-0911 *Bethany Keeler Clerk/Treasurer City Hall 628-7431 Big SkY Economic Development Authorit (5 -year term) Name Title Address Phone Number Term Vacant City Rep. - Ex Officio City Hall 12/31/2018 Board of Health (3 -year term) Name Title Address Phone Number Term Norma Cleveland P.O. Box 201 628-8416 12/31/2018 Yellowstone Historic Preservation Board (2 -year term) Name Title Address Phone Number Term Gloria Wester Nominating Committe(1540 West 9th 628-4412 Vacant 12/31/2019 Beartooth RC&D (2 -year term) Name Title Address Phone Number Marvin Carter 307 6th Avenue 628-6113 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR PROSECUTION SERVICES BETWEEN THE CITY OF LAUREL AND ELK RIVER LAW OFFICE P.L.L.P. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The contract negotiated between the City of Laurel and Elk River Law Office P.L.L.P. for the provision of prosecution services is accepted and hereby approved. A copy is attached hereto for convenience. Section 2: Execution. The Mayor and Clerk/Treasurer of the City of Laurel are hereby given authority to accept and execute said agreement on behalf of the City. Section 3. Effective Date. The term of this contract shall commence July 1, Introduced at a meeting of the City Council on June _, 2018, by Council Member PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this _ day of June 2018. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Langve, Clerk -Treasurer Sam Painter Civil City Attorney R18-_ Elk River Law Office Prosecution Contract ATTORNEY CONTRACT THIS AGREEMENT, made and entered into by and between the City of Laurel, hereinafter referred to as Client, and Elk River Law Office, P.L.L.P. hereinafter referred to as "Attorneys." ATTORNEY CLIENT RELATIONSHIP: Client hereby employs Attorneys to exercise the prosecutorial duties of the City Attorney for Client, which are to include the provision of prosecution services for Client for matters assigned and directed by Client. Client's Mayor and/or Chief Administrative Officer shall be the primary contact for Attorneys and shall assign and direct the Attorneys' provision of criminal prosecution services. Attorneys agree to provide their own office, staff and equipment at no additional charge to Client. Client agrees to provide on-site workspace for Attorneys immediately prior to and during any required court appearances. Client also agrees to provide copy paper upon request for services under this contract. Attorneys agree to spend a minimum of two (2) hours per week at Laurel City Hall in order to meet with pro se criminal defendants living in the Laurel area. FEES: For services performed for Client by Attorneys, Client agrees to pay Attorneys the flat rate of $4,583.33 per month or $55,000.00 per year for services performed for Client by Attorneys from July 1, 2018 to June 30, 2020. In addition to the fees provided above, Client agrees to reimburse Attorneys for costs incurred during the course of representation. Attorneys agree to provide Client an invoice each and every month itemizing services rendered and costs incurred each and every month. Client agrees to pay Attorneys each and every month for services rendered and costs incurred. Client understands that Attorney billing schedule is monthly. COSTS: Costs are defined as all filing fees, court costs, subpoena costs, certified driving records for defendants, mail costs, copies of video-taped or DVD evidence, depositions, court report charges, expert witness fees, expert reports, witness statements, and travel expenses except as set forth herein, and any other disbursements or expenses incurred by Attorneys while representing Client. Photocopies shall be reimbursed at $.05 per page. These costs may be billed monthly by Attorneys and, if unpaid, shall bear interest at the rate of one percent (I%) per month. Travel costs beyond local travel shall be undertaken only upon Client's request. Client shall reimburse Attorneys their actual costs of travel (other than local) and pay per diem at rates established by the State of Montana. DURATION: This contract shall immediately commence on July 1, 2018 shall continue until June 30, 2020. Each party reserves the right to re -negotiate any material term of this contract prior to its expiration on June 30, 2020. At any rate, either party may terminate this agreement at any other time for any reason upon thirty (30) days written notice provided to the other party. 1 MODIFICATION: This contact or any provision thereof may be modified at any time upon mutual consent expressed in a mutually signed writing. DATED this 19`h day of June, 2018. CITY OF LAUREL Thomas Nelson, Mayor ATTEST. Bethany Langve, Clerk/Treasurer ELK RIVER LAW OFFICE Georgette H. Boggio mmanzui��� A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH WHARTON ASPHALT LLC FOR THE CITY'S STREET REPAIR PROJECT LOCATED AT THE INTERSECTION OF 7TH AVENUE AND WEST 2ND STREET WITHIN THE CITY OF LAUREL. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Contract between the City of Laurel and Wharton Asphalt LLC for the City's Street Repair Project (7`h Avenue and West 2"d Street) as described in the attached Contract and Proposal (Exhibit A) is accepted and approved. Section 2: Execution.. The Mayor and City Clerk/Treasurer of the City of Laurel are hereby given authority to accept and execute the Contract on behalf of the City. Section 3: Effective date. The effective date for the attached Contract is hereby approved upon approval by the City Council. Introduced at a regular meeting of the City Council on 2018, by Council Member PASSED and APPROVED by the City Council of the City of Laurel this _ day of 2018. APPROVED by the Mayor this _ day of )2018. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Keeler, Clerk -Treasurer Approved as to form: Sam Painter, Civil City Attorney R18-_ Approve Street Repair Contract Wharton Asphalt LLC (71" Avenue and West 2nd Street) 1�V'harNnINssphaIt LLC Name / Address City of Laurel Contract Date Estimate k 5/23/2018 5894 Quote is good for 15 days. All material and workmanship carries a I year warranty. Work must fit into current working schedule. No guarantee on water drainage on a less than a 2% grade. No guarantee against the growth of vegetation. Not responsible for damage to concrete caused from equipment. Customer agrees to pay all legal fees in the event that it becomes necessary from default of payment of this contract. Customer agrees to pay upon completion of job unless otherwise specified. A $20.00 late fee will be charged every month account is past due. The above prices, specifications and conditions are satisfactory and are herby accepted. You are authorized to do work as specified. Signature Date 3962 PA Hollow Trail Billings Mt 59106 P: 406-254-9571 F: 406-254-9572 WhartonAsphalt@netzero.net WhartonAsphalt.com Project 7th & 2nd Item Description Sq. Ft. Unit Total Re 7th & 2nd Mobilization Mobilization of equipment and employees. 600.00 Prep Survey, stake, and layout. Remove & dispose of 6 of existing material & place 6237 6,422.00 3" of road -mix. Prepare for asphalt. Pave Haul, place & compact 3" asphalt. 6237 9,341.00 Note Traffic control included NO striping or testing included Any Ts call Ed 861-4730 Total $16,363.00 Quote is good for 15 days. All material and workmanship carries a I year warranty. Work must fit into current working schedule. No guarantee on water drainage on a less than a 2% grade. No guarantee against the growth of vegetation. Not responsible for damage to concrete caused from equipment. Customer agrees to pay all legal fees in the event that it becomes necessary from default of payment of this contract. Customer agrees to pay upon completion of job unless otherwise specified. A $20.00 late fee will be charged every month account is past due. The above prices, specifications and conditions are satisfactory and are herby accepted. You are authorized to do work as specified. Signature Date 3962 PA Hollow Trail Billings Mt 59106 P: 406-254-9571 F: 406-254-9572 WhartonAsphalt@netzero.net WhartonAsphalt.com 911 1 st. Ave Laurel, MT 59044 jb.tnc@aol.com 406-850-8745 TRUE NORTH CONTRACTING PROPOSAL Date Estimate # 6/1/2018 5-31 City Of Laurel 2nd St P.O. Box 10 Laurel, MT 59044 Description Total Remove 6" of pit run material over an area of 6,976 sq ft 34,880.00 Compact 3" thick lift of 1 1/2" road base over area to be paved Pave 6,976 sq ft area with 3" thick asphalt Mobilization and Traffic control 3,225.00 I.Bid does not include price for bond or traffic control. Total 2.The signing of this proposal will serve as a binding contract between True North Contracting LLC and signing party. ACCEPTANCE OF PROPOSAL 3.Thank you for the opportunity to earn your business I DATE OF ACCEPTANCE $38,105.00 i1 *T13__Itel V coinafMIM-111 RESOLUTION r r rOVING A TASK ORDERAUTHORIZING KADRMAS, JACKSON, 'SERVICES RELATING TO THE CITY OF i PAVEMENT 11AINTE]IJANCE PROJECT. WHEREAS, the City of Laurel previously executed an Agreement for Professional Services with Kadrmas, Lee & Jackson, Inc. ("KLJ") on December 5, 2017, via Resolution No. R17- ; and WHEREAS, the City of Laurel requires engineering services for the City of Laurel's 2018 Pavement Maintenance Project 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 and the services rendered shall not exceed $80,000 without further authorization and approval by the City. 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 KLJ for the City of Laurel is hereby approved and the Mayor is hereby authorized to execute the attached Task Order on the City's behalf. Introduced at a regular meeting of the City Council on , 2018, by Council Member PASSED and APPROVED by the City Council of the City of Laurel this day of , 2018. APPROVED by the Mayor this day of 12018. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Keeler, Clerk -Treasurer APPROVED AS TO FORM: Sam Painter, Civil City Attorney R18-_ Approve Task Order for City of Laurel's 2018 Pavement Maintenance Project: Kadrmas, Lee & Jackson, Inc. Carl Jackson From: Carl Jackson Sent: Wednesday, June 20, 2018 3:14 PM To: Kurt Markegard; Bethany Langve Cc: Mayor Tom Nelson Subject: KU Task Order - Laurel 2018 Pavement Maintenance (1804-00123) Attachments: 20180620_TaskOrder_2018PMS.pdf Kurt, As per our discussion yesterday, attached is the task order for KU's services related to 2018 pavement maintenance projects. I apologize for the informality of this submittal, but in the interest of time elected to send via email. I will hand deliver 2 hard copies to your office today as well. Also, as requested this task order is written on a "not to exceed basis" with rates attached. If you have any questions don't hesitate to ask. Thank you again for the opportunity to work with the City. We look forward to the project! Regards, Carl Jackson, PE (MT, ND, WY) <KL� 406-245-5499 Office 2611 Gabel Road Billings, MT 59102 kljeng.com This is a Task Order for KU Project No. 1804-00123, consisting of 3 pages, plus attachments. Task Order: Laurel 2018 Pavement Maintenance 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 July 2, 2018 City of Laurel Kadrmas, Lee &Jackson, Inc. (dba "KU") Laurel 2018 Pavement Maintenance Miscellaneous annual pavement maintenance design, bidding and construction in locations throughout the City of Laurel 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 Although Engineer will not provide the services of a full-time RPR, it is anticipated that Engineer will visit the Site periodically throughout construction in accordance with Paragraph A1.04.A.9. C. Designing to a Construction Cost Limit – Not Used D. Other Services – Not Used E. All of the services included above comprise Basic Services for purposes of Engineer's compensation under this Task Order. Task Order Form — Laurel 2018 Pavement Maintenance 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 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 A. Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: • Pay the cost of any review fees imposed by agencies having jurisdiction over the project. • Coordinate with Laurel Public Schools and other stakeholders to evaluate access and traffic control considerations. S. Task Order Schedule A. Construction is anticipated during the months of September and October 2018. Engineer will begin immediately, with the objective to advertise for bids in August 2018. 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 Basic Services* $80,000.00** Hourly Rates Additional Services (Part 2 of Exhibit A) (N/A) Hourly Rates *Based on an anticipated 4 -week continuous construction period. **Will not be exceeded without Owner's written approval. 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 Task Order Form — Laurel 2018 Pavement Maintenance 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 8. Other Modifications to Agreement and Exhibits: None 9. Attachments: A. Exhibit A — Engineer's Services for Task Order (12 pages) B. KU Estimated Standard Hourly Billing Rates Effective January 1, 2018 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 July 2, 2018. OWNER: City of Laurel By: Print Name: Title: ENGINEER: Kadrmas, Lee & Jackson, Inc. 2 Print Name: Title: Engineer License or Firm's Certificate No. (if required): State of: PEL-EF-LIC-37 Montana DESIGNATED REPRESENTATIVE FOR TASK ORDER: 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 Name: Carl Jackson Title: Project Manager PO Box 80303 Address: Billings, MT 59108 E -Mail Address: carl.jackson@kljeng.com Task Order Form — Laurel 2018 Pavement Maintenance 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 Phone: 406-628-4796 Phone: 406-245-5499 Task Order Form — Laurel 2018 Pavement Maintenance 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 12 pages, referred to in and part of the Task Order dated July 2, 2018. Engineer's Services for Task Order: Laurel 2018 Pavement Maintenance PART 1—BASIC SERVICES A1.01 Study and Report Phase Services—Not Included A1.02 Design Phase A. Project Management—tasks below apply to the entire Task Order. 1. Organize and facilitate kick-off meetings (one each) with Owner and Engineer's project teams to confirm roles, responsibilities and expectations for completing the project. 2. Provide project management services consisting of creating a work breakdown structure and detailed project schedule, creating and implementing a project management plan, facilitating weekly progress meetings and team coordination, reviewing time and expenses and generating monthly invoices, providing bi-weekly status updates to Owner, and provide oversight of the day- to-day Project activities. 3. Visit the Site(s) and attend meetings as needed to coordinate with Owner or other stakeholders. 4. Prior to beginning design phase services, verify the type, locations and extents of 2018 Pavement Maintenance projects with Owner. Pavement maintenance is anticipated to include full -depth reconstruction of West 0 Street (8th Ave. – 6th Ave.), along with crack seals and chip seals of various streets throughout Laurel. If funding allows, pavement maintenance may be completed on West Railroad Street. 5. Provide an initial opinion of probable Construction Cost to assist Owner with determining the scope and extent of 2018 Pavement Maintenance projects. Engineer will not proceed with Design Phase without Owner's acceptance of opinion of probable Construction Cost. 6. Engineer's fee is based on completing the Preliminary and Final Design Phase services described below one time; multiple iterations will be provided as Additional Services. B. After verifying the locations and extents of 2018 Pavement Maintenance projects with Owner, as Basic Services, Engineer shall: 1. Provide necessary field surveys and topographic and utility mapping for Engineer's design purposes. Existing utility mapping will include Engineer contacting utility owners and obtaining available information. a. Topographic and Design Surveys – Complete and furnish preliminary ground survey of project limits to include site contours, existing surface features, and above- and below -ground utilities. Topographic survey will generally be bounded within right-of-way limits, and occasionally Exhibit A— Engineer's Services — Laurel 2018 Pavement Maintenance 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 beyond as needed to verify grades, adjacent features, and structures. The topographic survey will be accomplished by conventional survey methods. Primary control points will be established as Montana NAD83 (2002) OPUS corrected State Plane Coordinates. Prior to beginning topographic data collection, a level networkwill be run through all control points and tied to the vertical datum. As topographic data is collected an ongoing QC -QA process will verify all data and make sure pertinent features are be included on the map. b. Base Drawing Preparation — Create a base drawing depicting calculated parcel boundaries, topographic survey data, and record drawings provided by Owner and other utility owners. Prepare Preliminary Design Phase documents consisting of final design criteria, drawings, specifications, and written descriptions of the Specific Project. The extent of Engineer's design tasks that will be reflected in Drawings and Specifications, will include the following components: a. Geometric (plan & profile) Design —This task includes establishing the typical section and then designing final roadway alignments, grades, and cross-sectional features including pavement, curb/gutter, valley gutters, and accessibility ramps (if requested by Owner). Owner intends to salvage all curb, gutter and sidewalk that is in good condition. b. Detail Drawings — Provide detail drawings of supplemental design information required for construction. c. Traffic Control —not included but will be required of Contractor in specifications. d. The project will be confined to existing street sections (curb to curb). The scope of work does not include design of repairing or replacing adjacent private property features. If required, Engineer would provide related work as Additional Services upon Owner's authorization. 3. Obtain and review Owner's instructions regarding Owner's procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner's construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner's bidding -related documents (or requests for proposals or other construction procurement documents), and Construction Contract Documents. Also obtain and review copies of Owner's design and construction standards, Owner's standard forms, general conditions (if other than EJCDC® C-700), supplementary conditions, text, and related documents or content for Engineer to include in the draft bidding -related documents (or requests for proposals or other construction procurement documents), and in the draft Construction Contract Documents, when applicable. 4. Furnish two (2) review copies of the Preliminary Design Phase documents, and any other deliverables to Owner, and review them with Owner. 5. After receiving Owner's written review comments, prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. Exhibit A— Engineer's Services— Laurel 2018 Pavement Maintenance E1CDCe 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. Advise Owner of any recommended adjustments to the opinion of probable Construction Cost. In addition to preparing the final Drawings and Specifications, assemble drafts of other Construction Contract Documents based on specific instructions and contract forms, text, or content received from Owner. 8. Prepare or assemble draft bidding -related documents (or requests for proposals or other construction procurement documents), based on the specific bidding or procurement -related instructions and forms, text, or content received from Owner. C. Engineer's services under the 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. D. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established underthis 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. A1.03 Bidding or Negotiating Phase A. As Basic Services, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work, assist Owner in issuing assembled design, contract, and bidding -related documents (or requests for proposals or other construction procurement documents) to prospective contractors, and, where applicable, maintain a record of prospective contractors to which documents have been issued, attend pre- bid conferences, if any, and receive and process contractor deposits or charges for the issued documents. 2. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued documents. 3. Consult with Owner as to the qualifications of prospective contractors. 4. If the issued documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by prospective contractors, provided that such proposals are allowed by the bidding -related documents (or requests for proposals or other construction procurement documents) prior to award of contracts for the Work. Services under this paragraph are subject to the provisions of Paragraph A2.01.6.2 of this Exhibit A. 5. Attend the bid opening, prepare bid tabulation sheets to meet Owner's schedule, evaluate bids and provide a recommendation of award (if applicable), and assist Owner in assembling final contracts for the Work for execution by Owner and Contractor and in issuing notices of award of such contracts. Exhibit A — Engineer's Services — Laurel 2018 Pavement Maintenance 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 6. If Owner engages in negotiations with bidders or proposers, assisting Owner with respect to technical and engineering issues that arise during the negotiations will be provided subject to the provisions of Paragraph A2.01.8.2 of this Exhibit A. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors. A1.04 Construction Phase A. As Basic Services, Engineer shall: 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 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 Engineers 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. 2. Resident Project Representative (RPR): (Not included) 3. Selection of Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory, if required. 4. Pre -Construction Conference: Participate in a pre -construction conference prior to commencement of Work at the Site. 5. 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. 6. 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. Exhibit A— Engineer's Services— Laurel 2018 Pavement Maintenance 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 7. 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. 8. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contractor to proceed. Visits to Site and Observation of Construction: In connection with observations of Contractor's Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor's executed Work. Such visits and observations by Engineer the Re-sid-ent o..,,:eet Representative if aRy are not intended to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement, this Task Order, and the 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, as assisted by the Resident Project Representative, if any. 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, and representation by the Resident Project Representative, if any, at 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. 10. 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. Exhibit A- Engineer's Services- Laurel 2018 Pavement Maintenance 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 11. 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. 12. 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. 13, Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes in the Work. 14. 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. 15. 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. 16. 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. 17. Shop Drawings, Samples, and Other Submittals: Review and approve or take other 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 and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted. 18. 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 A2.01.6.2 of this Exhibit A. Exhibit A— Engineer's Services — Laurel 2018 Pavement Maintenance 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 6 19. 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. 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. 20. 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. 21. 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 Exhibit A— Engineer's Services —Laurel 2018 Pavement Maintenance 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 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. 22. 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 approved as provided under Paragraph A1.04. 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 Engineers review of record documents shall be to check that Contractor has submitted all pages. 23. 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. 24. 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. Accompanying the recommendation for final payment, Engineer shall also provide a notice to Owner and Contractor in the form attached hereto as Exhibit E ("Notice of Acceptability of Work") (also available as a construction form, EJCDC° C-626 (2013)) that the Work is acceptable (subject to the provisions of the Notice and Paragraph A1.04) to the best of Engineer's knowledge, information, and belief, and based on the extent of the services provided by Engineer under the Agreement and this Task Order. 25. 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 Exhibit A — Engineer's Services — Laurel 2018 Pavement Maintenance 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 Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 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 A1.02, 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. A1.05 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. 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. A1.06 Commissioning Phase—Not Included A1.07 Other Services—Not Included 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. Exhibit A— Engineer's Services— Laurel 2018 Pavement Maintenance 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 This Task Order contains specific information regarding tasks, number of iterations, and deliverables to be provided by Engineer. In addition to those specifically identified herein, the following list, which is not intended to be exclusive, summarizes other exclusions. a. Permitting b. Boundary surveys or establishing survey monuments, including right-of-way and parcel ownership research and mapping c. Traffic analyses d. Public or private utility analyses, modeling or design e. Hydrologic and Hydraulic analyses required for detailed analysis of inlet capacity, evaluating potential overflow routes or flooding, or other tasks required to determine storm drain sizes f. Structural design g. Landscape or irrigation design h. Right-of-way or permanent easement acquisition services L 3-D or artistic renderings 2. 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 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. 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. 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, requested by Owner, or are due to any other causes beyond Engineer's control. Services required as a result of Owner's providing incomplete or incorrect Specific Project information to Engineer. 6. 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. 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 constructibility 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. Exhibit A— Engineer's Services— Laurel 2018 Pavement Maintenance 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 10 8. 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. 9. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 10. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all Addenda and any amendments negotiated by Owner and Contractor. 11. 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. 12. 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. 13. 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. 15. Excessive services during any correction period, or with respect to guarantees called for in the Construction Contract (except as agreed to under Basic Services). 16. Provide assistance in responding to the presence of any Constituent of Concern at any Site, in compliance with current Laws and Regulations. 17. 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 — Laurel 2018 Pavement Maintenance EJCDC® E -50S, 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 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. 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. 4. Services (other than Basic Services during the Post -Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. 5. 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 RFls, Change Proposals, or demands. 6. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. 7. 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 — Laurel 2018 Pavement Maintenance 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 Estimated Standard Hourly Rates (Schedule #3160) Kadrmas, Lee & Jackson, Inc. (dba KLJ) Agreements for professional services stipulate that hourly rates are subject to review and adjustment annually as of January 1. Estimated standard rates effective January 1, 2018 are below. Archaeologist 1 $75.00 Planner II1 $140.00 Archaeologist II $85.00 Project Assistant I $70.00 Archaeologist III $125.00 Project Assistant 11 $75.00 Archaeologist IV $140.00 Project Assistant III $95.00 Archaeologist V $150.00 Project Assistant IV $105.00 Archaeologist Technician $75.00 Project Assistant V $115.00 Architect 1 $100.00 Right -of -Way Agent 1 $80.00 Architect II $110.00 Right -of -Way Agent 11 $115.00 Architect III $130.00 Right -of -Way Agent III $130.00 Architect IV $150.00 Right -of -Way Agent IV $150.00 Architectural Historian $120.00 Right -of -Way Agent V $170.00 CAD Technician 1 $85.00 Structural Engineer 1 $100.00 CAD Technician 11 $100.00 Structural Engineer 11 $110.00 CAD Technician III $110.00 Structural Engineer III $130.00 CAD Technician IV $120.00 Structural Engineer IV $155.00 Engineer I $100.00 Structural Engineer V $175.00 Engineer 11 $110.00 Surveyor 1 $95.00 Engineer III $140.00 Surveyor II $110.00 Engineer IV $170.00 Surveyor 111 $130.00 Engineer V $200.00 Surveyor IV $165.00 Engineering Technician 1 $95.00 Surveyor V $190.00 Engineering Technician 11 $110.00 Survey Technician $85.00 Engineering Technician 111 $125.00 Visual Designer $100.00 Engineering Technician IV $145.00 Environmental Planner 1 $90.00 Environmental Planner II $110.00 Environmental Planner III $130.00 Environmental Planner IV $150.00 Environmental Planner V $170.00 Environmental Technician $75.00 GIS Analyst I $80.00 GIS Analyst 11 $100.00 GIS Analyst III $130.00 GIS Analyst IV $145.00 GIS Technician $75.00 Government Relations Specialist I $90.00 Government Relations Specialist 11 $120.00 Government Relations Specialist III $150.00 Hydrogeologist $200.00 Landscape Architect 1 $100.00 Landscape Architect 11 $110.00 Landscape Architect III $130.00 Landscape Architect IV $145.00 Planner I $100.00 Planner 11 $120.00 OR WHEREAS, the Grace Bible Church volunteered and painted Fire Hydrants located in the City of Laurel as a community service project; and WHEREAS, the project constitutes a beautification project for the City of Laurel the benefit which all residents and visitors of the City enjoy and appreciate; and WHEREAS, the City Council greatly appreciates the volunteer work and services provided by the Grace Bible Church and would request the Mayor to express the City's thanks in a letter authored and issued to the Mayor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, the City Council hereby requests the Mayor issue a letter thanking the Grace Bible Church for its community service project on the City's behalf. Introduced at a regular meeting of the City Council on . , 2018, by Council Member PASSED and APPROVED by the City Council of the City of Laurel this _ day of 52018. APPROVED by the Mayor this _ day of - 92018. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Keeler, Clerk -Treasurer APPROVED AS TO FORM: Sam Painter, Civil City Attorney R18-- Authorize Letter of Thanks Grace Bible Church NEXT RES. NO. R18-35 NEXT ORD. NO. O 18-01 CITY OF LAUREL CITY COUNCIL AGENDA TUESDAY — JULY 2, 2018 — 6:30 P.M. WELCOME ... By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council oil any matter of City business that is not on tonight's agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an 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. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will attend the Laurel City Council meetings often. 1. Pledge of Allegiance. 2. Roll Call of the Council. 3. Approval of Minutes • City Council Minutes of June 19, 2018. • Special City Council Minutes of June 19, 2018. 4. Correspondence. 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 June 2018. b. Approval of Payroll Register for PPE 6/17/2018 totaling $175,972.23. C. Receiving the Committee/Board Minutes into the Record. 1) Budget/Finance minutes of June 19, 2018. 2) Council Workshop minutes of June 26, 2018. 3) Emergency Services Committee minutes of April 23, 2018. 4) Tree Board minutes of June 21, 2018. 5) City -County Planning Board minutes of May 3, 2018. 6) Library Board minutes of June 12, 2018. 7) Public Works Committee minutes of June 18, 2018. 8) Laurel Urban Renewal Agency minutes of June 18, 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 City business that is not on tonight's agenda. Comments regarding tonight's agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. 11. Scheduled Matters. a. Confirmation of Appointments. i. Appoint Melissa Brennan to the Laurel Police Reserves b. Resolution No. R18-_: A resolution authorizing the Mayor to execute a contract for prosecution services between the City of Laurel and Elk River Law Office P.L.L.P. c. Resolution No. R18-_: A resolution authorizing the Mayor to execute a contract with Wharton Asphalt LLC for the City's street repair project located at the intersection of 7th Avenue and West 2nd Street within the City of Laurel. d. Resolution No. R18- : A resolution approving a task order authorizing Kadrmas, Lee & Jackson, Inc. for services relating to the City of Laurel's 2018 pavement maintenance project. e. Resolution No. R18-_: A resolution authorizing and requesting the Mayor to prepare and issue a letter of thanks on the City's behalf to the Grace Bible Church for their community service project. 12. Items Removed From the Consent Agenda. 13. Community Announcements (Cine -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. Mayor Updates 16. Unscheduled Matters. 17. Adjournment. DATES TO REMEMBER: Budget/Finance Committee - Tuesday, July 2"d @ 5:30 p.m. Council Conference Room Laurel City Council - Tuesday, July 2"d @ 6:30 p.m. Council Chambers City Hall Closed — Independence Day Park Board - Thursday, July 5"' @ 5:30 p.m. Council Chambers Cemetery Commission - Tuesday, July 10`h @ 5:00 p.m. Council Conference Room Library Board - Tuesday, July 10`h @ 6:00 p.m. Laurel Library Council Workshop - Tuesday, July 10"' @ 6:30 p.m. Council Chambers Laurel Urban Renewal Agency - Monday, July 16" @11:00 a.m. Laurel Library Public Works Committee - Monday, July 16" @ 6:00 p.m. Council Chambers Budget/Finance Committee - Tuesday, July 17" @ 5:30 p.m. Council Conference Room Laurel City Council - Tuesday, July 17" @ 6:30 p.m. Council Chambers City -County Planning Board - Thursday, July 19" @10:00 a.m. Council Chambers Tree Board - Cancelled - Thursday, July 19" @ 9:00 a.m. PWD Conference Room Emergency Services Committee - Monday, July 23' @ 5:30 p.m. Council Chambers Laurel Airport Authority - Tuesday, July 241" @ 7:00 p.m. Laurel Airport Council Workshop - Tuesday, July 31St @ 6:30 p.m. Council Chambers The City makes reasonable accommodations for any known disability that may interfere with a person's ability to participate in this meeting. Persons needing accommodation must notify the City Clerk's Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to Bethany Langve, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.