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HomeMy WebLinkAboutCity Council Packet 07.02.2018NEXT 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 on 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 of ice 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 • Special City Council Minutes of June 19, 2018. • City Council Minutes of June 19, 2018. 4. Correspondence. • Thank you letter to Grace Bible Church volunteers from Council and Mayor 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) Public Works Committee 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. R18-35: 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. R18-36: 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. R18-37: A resolution approving a task order authorizing Kadrmas, Lee & Jackson, Inc. for services relating to the City of Laurel's 2018 pavement maintenance project. 12. Items Removed From the Consent Agenda. 13. Community Announcements (One -Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Community Announcements is limited to one minute. 911ile 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 - Monday, July 2"d @ 5:30 p.m. Council Conference Room Laurel City Council - Monday, July 2"d @ 6:30 p.m. Council Chambers City Hall Closed — Independence Day Park Board - Thursday, July 51' @ 5:30 p.m. Council Chambers Cemetery Commission - Tuesday, July 10 @ 5:00 p.m. Council Conference Room Library Board - Tuesday, July 10" @ 6:00 p.m. Laurel Library Council Workshop - Tuesday, July 101" @ 6:30 p.m. Council Chambers Laurel Urban Renewal Agency - Monday, July 16`h @11:00 a.m. Laurel Library Public Works Committee - Monday, July 16`h @ 6:00 p.m. Council Chambers Budget/Finance Committee - Tuesday, July 17h @ 5:30 p.m. Council Conference Room Laurel City Council - Tuesday, July 17`h @ 6:30 p.m. Council Chambers City -County Planning Board - Thursday, July 19' @10:00 a.m. Council Chambers Tree Board - Cancelled - Thursday, July 191 @ 9:00 a.m. PWD Conference Room Emergency Services Committee - Monday, July 23' @ 5:30 p.m. Council Chambers Laurel Airport Authority - Tuesday, July 24' @ 7:00 p.m. Laurel Airport Council Workshop - Tuesday, July 3151 @ 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. i JUNE 19 2018 A special meeting of the City Council of the City of Laurel, Montana, was held in the Council Chambers and called to order by Mayor Tom Nelson at 6:30 p.m. on June 19, 2018. COUNCIL MEMBERS PRESENT: Emelie Eaton Heidi Sparks i Bruce McGee Richard Herr Scot Stokes Iry Wilke Richard Klose Bill Mountsier COUNCIL MEMBERS ABSENT: None OTHER STAFF PRESENT: None Mayor Nelson led the Pledge of Allegiance to the American flag. Mayor Nelson asked the council to observe a moment of silence. SCHEDULED MATTERS: • Resolution No. R18-28: A resolution of the City Council authorizing the Mayor to sign an agreement with Pacific Source Health, Delta Dental and VSP for the provision of the employee health insurance benefit program. Motion by Council Member McGee to approve Resolution No. RI 8-28, seconded by Council Member Wilke. The Insurance Committee has recommended the Pacific Source plan to Council. The two options they felt were in the best interest of the City were Pacific Source and Blue Cross Blue Shield of Montana (BCBS), the City's current insurance provider. Blue Cross Blue Shield did not raise their rates for this fiscal year. Pacific Source offered a mirrored plan at a seven percent reduction in cost to the City and to the employee. Pacific Source currently has 89%-90% of providers covered in -network, while BCBS has 94%-95% of providers included in -network. There is the possibility that some employees may find their providers are not in -network, it is expected that occurrence to be low. The contract is month to month with the City having the availability to terminate at any time. However, the rate is guaranteed for the next 12 -months. The City's current plan is no longer available if the City leaves BCBS they will be unable to get the exact same plan back. However, the City was grandfathered into this plan for this year, and it was expected that the City would not be able to get the plan next fiscal year. It was questioned why at the last meeting it was stated that this issue would be on the next Workshop, but presented this evening as a special meeting. It was further questioned if there were concerns about being able to keep employees insured. It was clarified that the City would have entered a contract, while month to month the expectation would be to stay with them for the next 12 months. It is not best practice to sign that document only to change providers after a month. This could have ramifications in the future. -- There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. ADJOURNMENT: Motion by Council Member Sparks to adjourn the council meeting, seconded by Council Member Eaton. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. Special Council Minutes of June 19, 2018 There being no further business to come before the council at this time, the meeting was adjourned at 6:47 p.m. Brittney oorman Administrative Assistant Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 2"d day of July 2018. Thomas C. Nelson, Mayor Attest: Bethany Langve, Clerk/Treasurer JUNE 19 2018 A regular meeting of the City Council of the City of Laurel, Montana, was held in the Council Chambers and called to order by Mayor Tom Nelson at 6:47 p.m. on June 19, 2018. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: OTHER STAFF PRESENT: MINUTES: Emelie Eaton Heidi Sparks Bruce McGee Richard Herr Scot Stokes Iry Wilke Richard Klose Bill Mountsier None None Motion by Council Member McGee to approve the minutes of the regular meeting of June 5, 2018, as presented, seconded by Council Member Eaton. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. CORRESPONDENCE • Laurel Chamber of Commerce minutes of May 10, 2018; Laurel Chamber of Commerce Agenda of June 14, 2018. COUNCIL DISCLOSURE OF EX PARTE COMMUNICATIONS: None. PUBLIC HEARING: None. CONSENT ITEMS: • Claims for the month of June 2018 in the amount of $130,449.70. A complete listing of the claims and their amounts is on file in the Clerk/Treasurer's Office. • ClerklTreasurer Financial Statements for the month of May 2018. • Approval of Payroll Register for PPE 6/3/2018 totaling $188,106.13. • Receiving the Committee/Board/Commission Reports into the Record. --Budget/Finance Committee minutes of June 5, 2018, were presented. --Council Workshop minutes of June 12, 2018, were presented. --Laurel Airport Authority minutes of May 22, 2018, were presented. --Park Board minutes of June 7, 2018, were presented. --Laurel Urban Renewal Agency minutes of May 21, 2018, were presented. --Insurance Committee minutes of June 7, 2018, were presented. --Insurance Committee minutes of June 12, 2018, were presented. The mayor asked if there was any separation of consent items. There was none. Motion by Council Member Eaton to approve the consent items as presented, seconded by Council Member McGee. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. Council Minutes of June 19, 2018 CEREMONIAL CALENDAR: None. REPORTS OF BOARDS AND COMMISSIONS: None. AUDIENCE PARTICIPATION (THREE-MINUTE LIMIT): None. SCHEDULED MATTERS: • Confirmation of Appointments. o Re -appointment of Walter Widdis to the Tree Board for a three-year term ending 6/30/2021. I Motion by Council Member Wilke to approve the re -appointment of Walter Widdis to the 1� Tree Board for a three-year term ending 6/30/2021, seconded by Council Member Eaton. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. o Re -appointment of Aaron Christensen to the Tree Board for a three-year term ending 6/30/2021. Motion by Council Member Mountsier to approve the re -appointment of Aaron Christensen to the Tree Board for a three-year term ending 6/30/2021, seconded by Council Member Sparks. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. o Re -appointment of Council Member Herr to the Cemetery Commission for a two-year term ending 6/30/2020. Motion by Council Member Klose to approve the re -appointment of Council Member Herr to the Cemetery Commission for a two-year term ending 6/30/2020, seconded by Council Member Mountsier. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. o Re -appointment of Dixie Feller to the Library Board for a five-year term ending !_ 6/30/2023. Motion by Council Member Stokes to approve the re -appointment of Dixie Feller to the Library Board for a five-year term ending 6/30/2023, seconded by Council Member Eaton. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. o Appointments of Ray Ezell, Karen Courtney, and Bethany Langve to their respective positions. Mayor Nelson clarified that these appointments are a formality and should have been done upon their hire. Motion by Council Member Sparks to approve the appointments of Ray Ezell, Karen Courtney, and Bethany Langve to their respective positions, seconded by Council Member McGee. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. • Resolution No. R18-29: A resolution of the City Council resetting its July 3 regular Council meeting to July 2 in order to avoid conflicts with events and festivities planned for the July 4th Celebration. Motion by Council Member Herr to approve Resolution No. R18-29, seconded by Council Member Mountsier. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. • Resolution No. RIS -30: Resolution authorizing the Mayor and City Clerk to utilize available revenue in the City's water fund to prepay and retire DNRC loan WRF-10- 188. Council Minutes of June 19, 2018 Motion by Council Member Wilke to approve Resolution No. R18-30, seconded by Council Member Mountsier. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. • Resolution No. R18-31: A resolution of the City Council adopting a Management Budget to assist the City's Department Leads with projecting and managing their respective budgets for the Fiscal Year. Motion by Council Member Mountsier to approve Resolution No. R18-31, seconded by Council Member Eaton. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. • Resolution No. RIS -32: A resolution approving agreements between the City of Laurel !_ and Laurel Fire District No. 5, said agreements relating to fire protection. Motion by Council Member Klose to approve Resolution No. R18-32, seconded by Council Member Wilke. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. • Resolution No. R18-33: A resolution approving agreements between the City of Laurel and the Laurel Urban Fire Service Area ("LUFSA") said agreements relating to fire protection. Motion by Council Member Stokes to approve Resolution No. R18-33, seconded by Council Member Mountsier. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. • Resolution No. R18-34: A resolution authorizing the Mayor to execute a contract for the Chief Administrative Officer position between the City of Laurel and Matthew R. Lurker, Sr. Motion by Council Member McGee to approve Resolution No. R18-34, seconded by Council Member Klose. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. i i -- ITEMS REMOVED FROM THE CONSENT AGENDA: None. COMMUNITY ANNOUNCEMENTS (ONE -MINUTE LIMIT): None. COUNCIL DISCUSSION: It was requested that Council discuss the cost of redoing the City's streets. It was questioned if something can be placed in the paper explaining what costs are associated with redoing a street and where those funds would come from. Mayor Nelson stated that this item would be placed on the next Workshop agenda. Council Member Mountsier stated he had some concerns with parking near the High School and that he would bring the issue to Emergency Services to further discuss. The Emergency Services Committee meeting agenda has been set, but the concern Council Member Mountsier had over parking near the High School will be added to the agenda. It was requested that Council send a thank you letter to Grace Bible Church, who painted nearly every fire hydrant in town. E i �. Mayor Nelson stated that this would be placed on the next Workshop agenda. It was stated that E. 6ei Street will not be redone this summer, but will move forward next summer. The full update as to why will be presented next week at Workshop. This is regards to some time constraints. MAYOR UPDATES: Council Minutes of June 19, 2018 Mayor Nelson has not rescinded the state of emergency that was issued last month. He will be evaluating the need over the next few weeks. Mayor Nelson thanked all Staff who have taken on extra duties while in the absence CAO. UNSCHEDULED MATTERS: The newly appointed CAO, Matthew Lurker, took a moment to recognize staff for their years of service. These employees had been listed on last week's agenda, and it was overlooked due to the length of the meeting. ADJOURNMENT: Motion by Council Member Eaton to adjourn the council meeting, seconded by Council Member Mountsier. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. There being no further business to come before the council at this time, the meeting was adjourned at 7:16 p.m. Brittney Moo dministrative Assistant Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 2°d day of July 2018. Thomas C. Nelson, Mayor Attest: Bethany Langve, Clerk/Treasurer CITY HALL 115 W. IST ST. MAYOR OFC.: 628-8456 PUB. WORKS: 628-4796 WATER OFC.: 628-7431 COURT: 628-1964 FAX 628-2241 June 27, 2018 Grace Bible Church Volunteers, P.O. Box 10 Laurel, Montana 59044 Office of the Mayor The City Council and I would like to take a moment to recognize the work you did in repainting the fire hydrants around the City. The work you did was very nice and professional and far exceeded our expectations. On behalf of the City Council and myself, I would like to express our thanks in the work you have done. We appreciate the time and effort each of your volunteers put forth. Sincerely, ✓�.�>lrto G �//� Thomas C. Nelson, Mayor TCN, bm MEMBERS PRESENT: OTHERS PRESENT: MINUTES BUDGET/FINANCE COMMITTEE JUNE 19, 2018 5:30 P.M. COUNCIL CONFERENCE ROOM Emelie Eaton Richard Klose Bethany Langve Bruce McGee Scot Stokes Mayor Tom Nelson The Chairperson called the regular meeting of the Budget/Finance Committee to order at 5:30 p.m. There was no public present. The next scheduled meeting will be Monday July 2, 2018 at 5:30 p.m. due to the 4th of July holiday The minutes of the June 5, 2018 meeting were presented. Richard made a motion to approve the minutes as presented, seconded by Bruce, all in favor, motion passed. The Mayor has reviewed and signed the May journal vouchers. Bruce made a motion to approve the May journal vouchers, Richard seconded, all in favor, motion passed. The Utility Billing adjustments were reviewed by the Committee. Bethany noted that there was nothing unusual about the adjustments. The adjustments were reviewed by each committee member. Bruce made a motion to approve the UB adjustments, Richard seconded, all in favor, motion passed. The monthly financial statements were reviewed by the Committee. Bethany briefly went through the reports. Richard made a motion to accept the financial statements, Scot seconded, all in favor, motion passed. There were no Purchase Requisitions presented to the Committee. Claims entered through 06/15/2018, totaling $130,449.70, were presented to the Committee. Richard had previously reviewed the claims detail register and check register. There no questions from the committee regarding the claims. Scot made a motion to recommend approval of the claims to Council, Richard seconded the motion, all in favor, motion passed. The Comp/Overtime report for PPE 06/03/18 was reviewed by the Committee. There were no questions regarding this Comp/Overtime report. The Payroll Register for PPE 06/03/18 totaling $188,106.13 was reviewed by the Committee. Bruce made a motion to recommend approval of the payroll register to the Council, Richard seconded the motion, all in favor, motion passed. Clerk/Treasurer's Comments: Bethany had no comments. Mayor's Comments: The Mayor stated the City is preparing for street overlay and chip -sealing of streets to begin. West Railroad is being evaluated for repairs to keep it reasonable until urban funds can be used to completely redo the street. The 6' street project will be done in Fiscal Years 19 and 20. Other: The Committee asked how the Fire Driver pay is calculated for a journal voucher transfer. Bethany stated that Chief Peters calculates those figures and provides the accounting to her. The Committee stated that the calculations did not seem correct and asked Bethany to talk with the Chief regarding this. The Committee asked if the CHS traffic shifts were done. Bethany stated that yes, they were done and CHS will be invoiced for the overtime incurred for these shifts. The Committee stated that a citizen questioned if the Fire Department had purchased a $3,000 drone and asked if this was factual. Bethany stated that she has not recalled the Fire Department purchasing any drone since she was hired. Bethany stated that she would investigate that purchase and report back to the Committee at the next meeting. The Committee stated that there was a request for an ambulance, but no driver was available. The Mayor stated that the number of calls not being responded to have drastically decreased, but things are still not perfect. Everyone agreed that the department is operating more efficiently and thanked the ambulance staff for all their hard work. For the Next Agenda: • Clean-up Day Numbers • Dumping Station Figures • Fire Driver Pay • Fire Department Drone The meeting adjourned at 6:20 p.m. Res e submitted, a gve ty Clerk/Treasurer MINUTES COUNCIL WORKSHOP JUNE 26, 2018 6:30 P.M. COUNCIL CHAMBERS A Council Workshop was held in the Council Chambers and called to order by Mayor Torn Nelson at 6:30 p.m. on June 26, 2018. COUNCIL MEMBERS PRESENT: x Emelie Eaton x Bruce McGee x Scot Stokes Richard Klose _ Heidi Sparks x Richard Herr _ Iry Wilke x Bill Mountsier OTHERS PRESENT: Matthew Lurker, CAO Kurt Markegard, Public Works Director Public Input Jason Summers, 304 Cedar Avenue, spoke regarding the continued missed calls by the Ambulance Service. General Items • Appoint Melissa Brennan to the Laurel Police Reserves The Mayor will request the Police Chief is present at next week's meeting to answer any questions on this appointment. Council Member McGee clarified that Melissa had been a Reserve Officer prior. • Vacancy List Mayor Nelson listed each vacancy the City currently has. These vacancies have been sent to the Outlook to be published. 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. This is a two-year renewal to the current contract. It was questioned if the letter the Council had received this past fall of an individual who was interested in working with the City had been considered. Mayor Nelson stated that his focus had been on other more pressing tasks this spring. The Council could revisit the desire to make a change in the future. He did speak with Elk River Law Office about the City potentially exploring other options at the term of this contract. It was questioned if the City were interested in exploring other options if those who interact with the prosecutor would have any say in the discussion. Such as the Police Department and Court. Council Workshop Minutes of June 26, 2018 Mayor Nelson stated that he would want those departments who interact with the prosecutor to have an opportunity to express their opinion. • 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 7`h Avenue and West 2nd Street within the City of Laurel. This contract is to repair the section of asphalt on the 700 block of W. 2nd Street that blew out this spring. The contractor will remove some of the temporary material and pave the road with 3 inches of asphalt. There were two quotes presented to Council. There was a significant difference in the cost of these quotes. The Public Works Director did double check that both companies had bid under the same parameters. Council was presented with the lesser of the two bids. • 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. This task order is for Kadrmas, Lee & Jackson (KLJ) to start work on identifying the City's highest need streets and give a recommendation to Council. The task order does not list any specific projects as they have not been graded by KLJ. Street maintenance typically occurs in the spring, however, with a new engineering firm and other large projects brought forward recently, there have been delays in getting this project to Council. Some streets will need crack sealing. Others will need chip sealing. And others may need potholes filled. KLJ will recommend what streets need maintenance this year. West Railroad Street will be considered in the recommendation on streets that need maintenance. This would be a temporary fix, while the City works on the process to use urban funds to redo West Railroad. Mayor Nelson explained that the Street Maintenance funds come from the General Fund and not an Enterprise Fund which in turn makes it more difficult to accomplish larger tasks. When an Enterprise Fund needs to complete a large project they have the ability to raise their rates, this is not an option for Street Maintenance. The City's focus will be on streets grades "D" or "F." • 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. Mayor Nelson pulled this resolution. He discussed with the City Attorney if a resolution was necessary. In the past, the Council has not used a resolution to send a thank you letter. Mayor Nelson will draft a letter and send the Grace Bible Church expressing the City's thanks. A copy of that letter will be in Council Packets for next week's meeting. • Council Issues: o Update on 2011 Yellowstone River flooding event On July 91h and 10`h Great West Engineering will be on-site evaluating what they can do to address the new intake being clogged with sediment. o Update on 2018 flooding event Mayor Nelson stated in the next week he will evaluate if he is ready to rescind the state of emergency. He will notify Council when this has occurred. 2 Council Workshop Minutes of June 26, 2018 o Update on West Railroad Mayor Nelson has requested the Interim Planner to send a letter to Yellowstone County Public Works to request an on-site meeting to discuss West Railroad and a joint resolution between the Council and the County Commissioners. The letter has gone to the Yellowstone County Public Works Department identifying West Railroad between S. 1 It Avenue and S. 8th Avenue as an urban route project and requesting a site visit. o Discuss Street Projects It was requested if an article could be placed in the Outlook explaining what it costs the City to redo a street and what options the City has to fund those projects. Mayor Nelson agreed that this would be beneficial. He took a moment to explain some of the constraints the City has in funding street projects. o Discuss expectations of Budget/Finance Committee Mayor Nelson stated that Sam was unable to attend tonight's meeting. He is still working on putting together information for Council. Therefore, this agenda item has been moved to the July 10`h meeting. He apologized for the delay. Other Items Mayor Nelson stated that there had been a miscommunication in having Sgt. Valdez attend tonight's meeting. He asked Sgt. Valdez to speak regarding the Yellowstone County Sheriff s Office — Sheriff Labor Detail program. Sargent Valdez spoke distributed a handout, which is attached to these minutes. The Sheriffs Labor Detail is a community service opportunity. This program is inmate funded; they have to pay for the days they participate in the program. Last time this program was presented there were concerns regarding transportation. It is required that the community partner pick up participants from Yellowstone County Jail at 7:30 a.m. The participants are provided with lunch, water, gloves, and workmen's comp. These are at no cost to the City. Participants are non-violent offenders. The Emergency Services Committee have discussed this opportunity. They would like to pursue and implement this program as soon as practical. There was a concern if this could cause issues with the union. Sargent Valdez stated they work with the City of Billings frequently and are aware of union issues. Participants in this program do things such as pulling weeds. Review of Draft Council Agenda for July 2, 2018 The resolution for the thank you letter for Grace Bible Church has been removed. Attendance at the July 2 2018, Council Meeting All in attendance will attend next week's meeting. Announcements It was questioned what the City's ordinance states regarding the discharge of fireworks within the City limits. C Council Workshop Minutes of June 26, 2018 It was clarified that the ordinance allows the discharge of fireworks on July 2°d, July 3`d, July 4th, and until 1:30 a.m. July 5th. Council was reminded that there are pockets of the City that are not within the City limits. There are times when things which are against City ordinance but not a County ordinance. Mayor Nelson is aware the Fire Association does do testing prior to the 4th of July. However, he will follow up with the Fire Chief to discuss in the future having them come before Council to notify when the City could expect testing. Council Member Mountsier typed up a memo of the meeting with Mr. Koch regarding the handicap parking near the High School Stadium. Mayor Nelson stated that the new CAO has spent this past week meeting staff, and touring the facilities. He gave Mr. Lurker an opportunity to address Council. Matthew stated his first focus would be to focus on emergency services and critical infrastructure. It was questioned where the City is on the monies the City applied for to do projects in Riverside Park. The Governor has signed off on the plan, and the process is in motion for the City to use those funds as applied for. The council workshop adjourned at 7:30 p.m. Respectfully submitted, Brittney oorman Administrative Assistant NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. 11 Emergency Services Committee Meeting 4.23.2018 Members Present: Bruce McGee, Police Chief Rick Musson, Fire Chief Brent Peters, Iry Wilke, Richard Klose, Bill Mountsier (arrived late), and Taryn Massa Others Present: Clerk/Treasurer to take minutes 1. Bruce McGee called the meeting to order at 17:31. Bruce introduced the new member of the Committee, Taryn Massa. Taryn stated that she is willing to volunteer her time and do what is needed to help. 2. Public Input: 3. Motion made by Richard to approve the minutes from the March 26, 2018 meeting. Iry seconded the motion, all in favor, motion passed 4-0. 4. Old Business: Bruce presented his mission statement to the Committee. The Committee had a brief discuss regarding the mission statement. The mission statement is to Listen Advocate and Improve the community. Iry stated that he liked the mission statement and Richard agreed. Bruce stated that it was a simple statement that demonstrated what the Committee was trying to do. Richard asked if the Committee needed to vote to adopt the mission statement. Bruce stated that the Committee would need to make a motion, second the motion and vote on the statement. Richard made a motion to approve the mission statement, Iry seconded the motion, motion passed 5-0. Richard made a motion to add the mission statement to the agenda each meeting, Iry seconded the motion, motion passed 5-0. Iry stated that at this time he doesn't have anything to add to the volunteer program discussion. The Mayor was going to investigate the program and see if it can go any further. Currently, it is in the Mayor's hands. Chief Musson stated that he doesn't think the idea is dead but there needs to be a lot of research done prior to making any decisions. A big consideration is the cost of implementing this program. Where are the funds going to come from for the program? Iry stated that he mentioned dog calls and patrolling Riverside Park to the Mayor as options. Chief Musson stated that parking would keep volunteers busy and he was concerned having volunteers respond to dog calls because of liability. Bruce stated that when we know what this type of program costs we can talk about specifics. Chief Peters stated that the City also needs to make sure that this program wouldn't cause any issues with union contracts. The Police Department and Public Works are union. Bruce stated that Chief Musson and Iry should continue to work on this topic together. The Neighborhood watch program is ran by the citizens and as such will no longer be a topic for this Committee. There is an outcry from the community to improve the ambulance department's response. The Mayor sent out an email that was read aloud to the Committee. Richard stated that Chief Peters and the Ambulance Department need to answer some of the questions. Chief Peters stated that the ideas the Mayor presented in his email are some of the seven options currently being looked at by the Ambulance Department. A big question is how the City is going to generate the money needed to improve the Ambulance Department. A quote from AMR has been requested but at this time the cost is unknown. The Assistant Chief for the Ambulance Department has been replaced and morale has increased in the department. Talk of creating an EMS district has come up but people don't want to pay for the services. EMT's are hard to find and keep. They get experience and then go work full time jobs as EMT's or they have to work full time jobs and don't have the time to volunteer. The department is looking into changing billing companies to save costs and receive better service. The issue is still being worked on, but the Chief stated he was there to answer any questions he could. Taryn stated that she was glad to see that some things were changing. She also asked what happens when the City reaches 7500 people. Chief Peters stated that the City would have to get a partial paid Fire Department, and this is dictated by MCA. There are no requirements, however, to have an ambulance service. Medications are getting more and more expensive and Medicare and Medicaid only pay about 49% of what is billed. EMS is not in the business to make money. Bruce asked what the City was supposed to do then. Chief Peters stated that most companies take a loss. The new schedule of fees is being presented to the Council for approval soon and that should help revenues a little. Bruce asked what the community could do. Chief Peters stated that the decision was the Mayor's and Chief was waiting for the Mayor's direction. 5. New Business: The Committee had a brief discussion regarding the Sheriff's Community Service Work Program. The who, what, when, where, how and why needed to be answered for this program. Since Judge Kerr was the individual pushing this program she should be the one to gather and present additional information on the subject. 6. Bruce stated that there would be no meeting in May and the next meeting would be on June 25h. Chairmen McGee adjourned the meeting at 18:46. Tree Board Meeting —June 21, 2018 Laurel City Hall Attending: Matt Wheeler, Kurt Markegard, Fran Schweigert, Dale Ahrens, Phyllis Bromgard, Richard Herr, Karen Courtney — city code enforcer Arbor Day 2018: Tentatively Tuesday, May 7th —South Pond • Fran suggested we revisit the 3 year plan that Aaron laid out and replace the trees that will be removed this summer. • We currently have $1200 in our account. This should mean that the city tree money could be used for replacement trees. • Matt said the metal signs from Pacific Recycling have been delivered and will be installed once the rebar is attached. • Kurt asked that everyone turn in their hours for the year to date. • Dale said the new principal at Graff— Lynn Peterson should be included on emails Dead trees: • Fran suggested there be a plan to replace trees all over the city • Murray (2016 Arbor Day) tree is dying, Fireman's Park and Veteran's park all have dead trees that may or may not need to be replaced. • Fran would like direction is what type of tree would work well in certain locations. In August, we should those site should be visited so the planting can happen in the Fall. Vandalism: • Once school was out, vandals did a lot of damage to the South Pond gazebo • Carol Weldon started a Facebook campaign to get something done. Volunteer workers, donors, and city staff worked to clean off the paint • A camera system needs to be installed (it works at Kiwanis Park) to monitor the area 24 hours — cost is $2,000 — we should be looking for a donor. • Phyllis indicated the Lions Club would be interested in donating Enforcement of tree care: Karen Courtney would like to change the city code. Currently it says that the Tree Board will notify homeowners by letter when they have problem trees that need attention. This is takes time and she would like to address these issues more timely. We will keep this item on the agenda. Karen has two issues she mentioned that require immediate attention. Both are dealing with private trees on private property. A pine tree at 516 Pennsylvania needs to be removed. She is drafting a letter for our board to sign so this can be moved along. She also asked that we contact an owner at 507 East 5th about trees overhanging on her property. LuAnne said she would do that. • It was moved, seconded and approved that we would agree to approve a letter to the owner of the tree on Pennsylvania. • LuAnne asked if it was OK for her to arrange to have the boulevard trees trimmed before the 4th of July. This is mostly to remove suckers. Matt approved. Matt Lurker — new CAO of Laurel addressed the board o Matt has a varied background in law enforcement, government medical and contract work. He and his wife have 6 children, 2 grandkids and currently live in Billings. He is excited to work with the city and take on the many roles the position requires. We welcome Matt to Laurel. There will NOT be a July meeting. Next meeting is August 16th 9:30 at city hall Adjourned 10:45 LuAnne Engh Agenda for August: • Arbor Day 2019 • Replacement trees/trimming/maintenance • Grants — NWE DNRC • City Tree Enforcement code changes • Other Minutes Public Works Committee June 18, 2o18 6:oo P.M. Council Conference Room Those present: Kurt Markegard, Staff Advisor Travis Jones, KU Engineering Emelie Eaton, Chair Bill Mountsier Heidi Sparks Karl Dan Koch Richard Herr Brian Roat i.There was no public in attendance. A card was passed around for Kenneth C. Gomer. 2. The minutes of the April 16, 2018 meeting were reviewed. Karl Dan Koch moved the minutes be approved as written. Richard Herr seconded. The motion was approved. 3. Emergency Call -outs Kurt had supplied all attendees with a copy of the Emergency Overtime Callout List. He explained that there were twelve new callouts since the last meeting. On April 16, 18 and 20 the Village Lift Station had failed due to a malfunctioning float. On May 4 crews were called out to a street problem on West 4th where the asphalt had buckled and vehicles were hitting the asphalt. On May Stn there was a Sewer Backup. On May 9 crews supplied traffic control at the Elm Lift Station. Kurt would like to establish some sort of protocol for emergency situations because one person without the proper equipment cannot manage the traffic. On May 1811 the sewer plant levels were high because of heavy rains. On May 23rd Public Works Committee member Karl Dan Koch called in a water line break on Montana Avenue. Again on June ill the sewer plant had high flow problems. On June 5th City crews were asked to turn on water service which had erroneously been discontinued at 120 Yellowstone Avenue. On June 8th a newly repaired sewer manhole cover broke. A photo was in everyone's packet showing that problem. On June 9th for the first time in Public Works Director Markegard's memory, an employee called in sick on a Saturday and a replacement was needed to operate the container site. 4. KU and Great West Engineering Reports Kurt had a copy of the June 15, 2018 City of Laurel Project Status Update from KU as well as the May 25, 2o18 Project Progress Update from Great West ready for all members. *KLJ Report: Both Public Works Director and Travis Jones reviewed each of the items. The first item was the Waste Water Treatment Screw Press. Temporary documents were distributed to help understand the layout. It was explained that KU had reviewed some options and alternatives. It was decided that they would stay with the screw press option because of size constraints as well as keeping equipment that was familiar with city employees. KU realizes that there are equivalent vendors who can provide materials for everything that needs to be replaced. Travis stated KU had been talking with Ambient Air, PW Tech, ISI West and Advanced Pump and Equipment regarding the belt press vs. screw press. They would continue to work to provide the City of Laurel equipment the city crews felt comfortable with at the best price. Travis warned that it would take twelve weeks average to get any new equipment. He explained that the City also is looking at Digester rehabilitation. The committee thought it would be best to work on both the Screw Press and Digester rehabilitation. This would save the City of Laurel money because one company would be working on two projects which would minimize mobilization costs. There would be options to proceeding this way -a change order could be introduced or a separate bid could go out if the City needed to wait for funding. A sludge handling pump would be needed to avoid pipe replacement costs. The order of events would be that the company would begin to work on the Screw Press while drawing down the secondary digester. Once the digester is drawn down piping issues could be addressed, and the Digester would be recoated. Ultimately there would not be a City staff dedicated to running the Screw Press. Heidi Sparks inquired regarding the timeline. Travis stated he felt comfortable something could be presented to the Council in mid-August. H2S Remediation -KU had run across some handwritten notes by Great West that no one understood what they referenced. KU had experience in another community where BNSF was adding additional chemicals into a waste stream and creating similar problems. He explained the difference between Biological Oxygen Demand and Chemical Oxygen Demand. He stated that KLJ was not accusing anyone of anything but making sure they were treating the correct problems instead of throwing money into one solution which may not be the complete answer. KU also wanted to do some flow monitoring as a part of determining what the exact problem is and proper treatment. Travis inquired of Kurt whether the City does its own flow monitoring or if there was a company the City used to do flow monitoring. Kurt said no. Travis asked whether the City was opposed to KU getting a local company to do flow monitoring, so they could determine whether BNSF was affecting the problem. Kurt had no problem with a local company doing flow monitoring. Kurt then stated that he felt there was a problem only when the temperature rose. Travis responded that if there is a Chemical Oxygen Demand factor that was affecting things the rise in temperature could be affecting the Biological Oxygen Demand side of the equation and that might be the reason for the smell seeming to occur only when the temperatures rise. Digester Rehabilitation -covered during discussion of the Screw Press. Travis added that they were making sure there was adequate ventilation. Archimedes Screw Rehabilitation -KU continuing to work on this. East 6t" Street — because of the time constraints, weather hold ups and the possibility of needing to create a SID this project has been postponed to begin construction in 2019. Pavement Maintenance -KU continues to update our system. A question was asked regarding whether this would affect the Two Year Large Project Plan and where the City would focus. Kurt stated that the Mayor would like LURA to refocus on improving the streets in the downtown portion of the TIF district. He stated that the TIFD had $1.3 million that they could devote to improving streets in the downtown portion of the district. There were also Street Maintenance funds. Richard Herr stated that LURA members Steve Solberg and Dean Rankin felt there was no need to improve the streets coming off Main Street because they were in good enough condition. Richard felt that if Kurt drove those two members around and showed them they might understand. On -Call Professional Services-KLJ just finished working on flood fighting. Laurel Planning Services -Forrest Sanderson is filling in. A new request for a full time Planner has been sent out. Travis inquired what the next meeting would be best to attend. Heidi lead the discussion and moved that it would be best for Travis to make a presentation at the June 26th workshop. Emelie seconded. Motion passed unanimously. It was stated that neither Heidi nor Kurt would be in town to attend that meeting but supported KI -J's plans. *Great West report: Kurt stated that the cattails were coming back. Because of the high flow in the river no one can see what might be blocking the intake. GW continues to work on the rate study. Kurt updated Brian that the Council had voted to begin work on the Sed Basins. Kurt stated that someone "with boots on the ground" could come to the meetings and give updates on progress. Kurt stated it would do no good to have Chad make updates because all he would be doing is giving regurgitated information. Richard Herr asked whether he could go down and tour the area. Kurt said it would be best to contact Tim at (4o6)860-92.09 so he could be provided a hard hat and be advised of danger areas. 5. Sewer Manhole Repair Update Kurt stated that with the new budget, under the Sewer topic there is a new line item with a $1oo,000 budget for replacement of manhole covers. Karl Dan Koch asked whether Kurt is comfortable with the fact that the improved manholes on East Main Street are raised and not flush with the pavement and still create a bump as you drive. Kurt stated that is why he wanted the budget approved and the line item specific for this issue so things could be planned better in advance rather than getting the company to do the work when they were in town. 6. Sedimentation Basin Project Discussion Kurt stated this topic had already been discussed with the KLJ report. Heidi requested, at the April meeting, a copy of the water rate structure sheet. This had not been provided to the entire committee. 7. Gravel on Streets and Pothole Update Kurt stated that the time for these repairs is coming up and the City would have to go out to bid soon to find contractors. He said Crack sealing is best done in September when the temperatures go down. He stated that he was considering temporary repairs to West Railroad Street before that street could be improved with Urban Funding. He said he was considering laying fabric down which would act similar to laminate hardwood flooring that moves. 8. West Railroad Street and Urban Funds Kurt stated that the Mayor has specifically tasked Kurt with moving the topic of improving West Railroad Street forward as smoothly possible. Forrest Sanderson of KLJ has drafted a letter to the County Public Works Department so they can come inspect and assess the need for improving West Railroad Street. After that, if Yellowstone County Public Works Department feels it would be wise to use the $3.3 million in Urban Funds to improve West Railroad Street then the County Commissioners and Laurel would enter into a joint resolution that would be presented to the state. Construction is not expected to begin for four to five years. Kurt said that a sewer pipeline had been located under the east portion of West Railroad Street (First Avenue to Fifth Street). He stated that he does not want that sewer line paved over before it can be inspected. He said a sewer camera would need to be purchased but a request for a new one had not been made. 9. Other Kurt stated that one of the next streets he would like to completely rebuild would be South West 4th Street from South Eighth Avenue and South First Avenue. Kurt stated that if that street was improved, along with West Railroad Street trucks would be able to access some of the residential neighborhoods without tearing up all the streets. He said he would like that to be put on the list as the next two year project. *Kurt also stated that the Mayor had asked him to identify an off-street parking area; possibly in the old ice skating rink east of the Thompson Park Shelter. Kurt's reservation with that idea was that there was also a problem with drainage. There was already a problem with snow melt coming off the park and going into East 6th Street. A parking lot would only add to that problem. Kurt was going to use the extra year with KU to determine how this could be approached. *There was extensive discussion regarding the handicapped parking lot on the north side of Thompson Park. Kurt explained that the creation of that lot was an oral agreement between Josh Middleton, former superintendent of schools and Kenneth Olson, former mayor of Laurel. Sanderson Stewart was the contractor and they may have paperwork regarding the design of the handicapped parking lot but no one has been able to find any paperwork specifying who owns the lot and who is responsible for maintenance. The next meeting will be July 16, 2o18 at 6:00 p.m. Meeting adjourned at 7:27 P.m. Emergency Overtime Callout List From 1-1-18 thru 6-30-18 Maintenance Shop -628-4773 City Dispatch 628-8737 Response Code X In Column Not accepting Overtime /NA = Not Available /Y = Responding /B=Phone Busy Employee Name Telephone 5-4 1 5-5 5-9 5-23 6-5 6-8 1 6-9 Bruce Lefler 208-9417 6 NA6 NA6 NA6 NA4 NA41 3 Dave Saylor 812-0274 Y14 12 11 NAI1 Y12 11 1 10 Fran Schweigert 208-8253 4 NA4 NA4 NA4 N14 13 12 Guy Rolison 633 2336/698-8885 12 Y14 13 Y13 10 9 8 Brian Kline 794-8552 I 1 NAI NAI I NAI 1 NAI NAI NAI Kevin Budge 850-5224 2 NA2 NAZ NA2 N13 12 11 Roy Voss 860-4837 8 Y13 12 Y12 9 Y14 13 Justin Baker 321-0208 10 NA9 8 NA8 NA6 NA6 5 Mike Mudd 860-1825 3 NA3 NA3 NA3 NA2 NA2 NA2 Jay Hatton 860-7525 7 NA7 NA7 NA7 NA5 NA5 4 Norman Stamper 633-3291 13 11 10 NA10. NA8 NA8 7 Kevin Hoffman 861-7460 5 1 NA5 NA5 NA5 NA3 NA3 Y14 KEITH GUY 850-5464 9 NA8 Y14 Y141 11 10 1 9 Andrew Arneson 876-4155 11 INA10 9 INA91NA7 NA71 6 Elm Lift Station 628-7773 Village Lift Station 628-5918 Dial 9 after tone to acknowledge alarm Wastewater Treatment Plant -628-6474 Autodailer- 628-4866 Response Code NO= In 1 st Column Not accepting Overtime / NA = Not Available / Y = Responding Employee ITelephone 5-18 6-1 Thomas Henry 855-0831 Y4t��3 Brandon Corey Chief 579-7112 1Cindy Caswell 591-9013 2 Water Treatment Plant 628-4410 Response Code NO= In 1st Column Not accepting Overtime / NA = Not Available / Y = Responding Employee Telephone 1-19 1-21 2-19 2-201 1 John Volmer 794-6681 Y Y Y Nathan Herman 690-6167 Y HP Nuernberger 696-1008 David Waggoner 628-2522/2880 Dylan Ceaser 861-6620 # Josh Sawyer 591-3959 T I CABLE TV down Tim Johnson 698-6254 Mike 545-9435 Steve 545-9455 centurylink Jeff 694-9097 Matt Wheeler Cell#208-1885 855`3965 One Call Locate -1-800-424-5555 (City Job # 25663) Kurt Markegard'' Cell# 860-5785 'Jim628-2905 Schessler - Office 628-4221, Home 628-2349 Tim Reiter , Cell#860-9209 -'H' 628-6846 NW Energy 1-888-467-2353 Mark Cloud 860-7890 GERARD LIFT STATION 696-2199 / Century Link 1-800-573-1311 Shop 628-7707Jeff 694-9097 GORDAN ACE -ELECTRIC 860= 64 NorthwestPipe 252-0142 - Larry E.656-2856 MDU 1-800-638-3278 / MDT 252-4138 Pace Construction 252-5559 (sewer backups) MDT Supervisor Tom 655-7903/Kyle 446-2622 San itarySystemOverflows call DEQ withing 24 hours at406-444-3080 ruff not - MAP and Incident Location 1-1 ELM LIFT FAIL 2-19 HP sick Water Plant 5-5 SEWER BACKUP 1-2 2107 Atchison Water Line Break 2-25 H2O BREAK FOUNDATION 5-9 Traffic Control Sewer lift S. 1-15 SANDING 2-28 H2O Break Fondation 5-18 SEWER PLANT HIGH 1-19 ICE REMOVAL 3-4 Snowplow stuck .. 5-23 H2O BREAK MONTANA 1-20 WATER PLANT 4-2 SANDING 6-1 high flow sewer plant 1-30 H2O SHUTOFF 4-4 EMERGENCY LOCATE WEST AVE 6-5 Water Turn on 120 Yellowst. 2-4 SANDING 4-9 Turn on Water 1105 Locomotive - 6-8 SEWER MANHOLE 2-8 SANDING 4-16 VILLAGE LIFT FAIL 6-9 OPERATE CONTAINER SITE 2-10 VILLAGE LIFT ALARM FAIL 4-18 Villiage Lift Station Fail 2-12 Both Lift Stations low temp alarm .4-20 Village Lift Station Fail 2-18 WOODLAND WATER BREAK 5-4 STRE ET PROBLEM W 4TH 2-19 SANDING PLOWING Alarm Codes for Village and Elm Lift Stations 1 Low Water Level 2 High Water Level 3 Pump 1 Fail 4 Pump 2 Fail 5 Phase Failure 6 Station Door Open 7 Backup Floats Activated 8 Low Temp Alarm 9 Generator Emergency Ll1 GG� City of Laurel Project Status Update June 15, 2018 { WWTP Screw Press (KU #1804-00120) Project Manager: Travis Jones Reason for Project: The City's WWTP does not currently have adequate sludge handling equipment, which has led to overfilling and backup of the drying beds, digesters, and various other components of the WWTP. Completion of this project will allow for improved operations and allow for maintenance of the digesters, which cannot be taken offline until this project is completed. Project Scope: Complete the design and construction administration for a new screw press to process WWTP sludge. Milestones: (as needed) • The City desires completion of this project, including construction, by June 30, 2018. Current Status: • Development and completion of the draft plan set. • Review of the draft plan set with City staff. • Revisions to draft plan set to reflect feedback from the review with City staff. • Development of draft specifications. Sanitary Sewer H2S Remediation (KU #1804-00122) Project Manager: Travis Jones Reason for Project: Buildup of H2S within the WW collection system has led to deterioration of manholes and other system components. Project Scope: Complete the design and construction administration for the proposed air injection/diffuser system to address H2S build-up within the system. Milestones: (As needed) Current Status: • No significant updates since previous status report. Page 2 of 5 ENGINEERING, REIMAGINED 'rr�tl1 l 11 !�� City of Laurel Project Status Update June 15, 2018 WWTP Digester Rehabilitation (KU #TBD) Project Manager: Travis Jones Reason for Project: The City has not taken down the digesters for routine cleaning, inspection, and repairs for several years. This is due to inadequacy in the sludge handling equipment. Project Scope: Complete the design and construction administration for the cleaning, inspection, and repairs of the existing digesters. Milestones: (As needed) • The City desires completion of this project, including construction, before November 2018. Current Status: (KU Contract Pending) • No significant updates since previous status report. WWTP Archimedes Screw Rehabilitation (KU #TBD) Project Manager: Travis Jones Reason for Project: The grouting around the existing screw pumps is wearing down, which makes the pumps less efficient in the transfer of wastewater. Project Scope: Complete the design and construction administration for the rehabilitation of the existing screw pumps. Milestones: (As needed) Current Status: (KU Contract Pending) • No significant updates since previous status report. Page 2 of S ENGINEERING, REIMAGINED City of Laurel Project Status Update June 15, 2018 East 6th Street Improvements (KU #1804-00121) Project Manager: Carl Jackson Reason for Project: Street reconstruction between 1st Ave. and Wyoming Ave. to address failed pavement, saturated subgrade conditions and surface runoff improvements. Project Scope: • Grading, paving, parking, and drainage enhancements (minor water main in Wyoming) • Special Improvement District (sidewalks, driveways), pending approval • Safety improvements • Water main and valve replacements in Wyoming intersection. Milestones: • Survey— completed April 9-13 • Preliminary design — August -September 2018 • SID creation — August -October 2018 (tentative) • Final design — Fall/Winter 2018 • Bidding — February 2019 (tentative) • Construction — completed before August 2019 start of school year Current Status: The project was postponed due to a late winter preventing survey, and concern about potentially high bids due to rushing contractors through a short window for bidding and construction this summer. Instead, the project schedule was re -adjusted as shown above. Pavement Maintenance (KU #1804-00123) Project Manager: Carl Jackson Reason for Project: This continues the City's annual pavement maintenance. As a result of significant freeze -thaw during the 2017-18 winter, several City streets have significant pavement damage. Project Scope: The scope may include a mix of dig -outs and full -depth repairs, pothole repairs, chip seals and crack seals. Mill and overlay streets are not anticipated for 2018. Milestones: Construction will likely be during the August 15 -October 1 timeframe. Current Status: Final scope and schedule are being discussed with City representatives on 6/19/2018. Page 3 of 5 ENGINEERING, REIMAGINED i A l� G'r City of Laurel Project Status Update K L June 15, 2018 On -Call Professional Services (KU #1804-00347) Project Manager: Carl Jackson Reason for Project: This contract would enable KU to provide consulting services that are not part of an approved task order. Generally, this would apply to situations where KU's fees are small enough that a separate task order is not necessary, or for time -sensitive matters. Project Scope: Services may include engineering, surveying, planning or government relations. Milestones: (as needed) Current Status: The primary services provided last month related to flood fighting assistance. Work included field elevations surveys and associated CAD mapping, analyzing surveyed elevations compared to anticipated flood levels, and site visits to the WTP to assess the temporary levee. Laurel Planning Services (KU #1804-00554) Project Manager: Forrest Sanderson Reason for Project: KU has been retained to provide City of laurel planning services during the interim period, while the search for the new City Planner is ongoing. Project Scope: Planning services may include: subdivision, zoning, development, floodplain hazard management, miscellaneous reviews and other related work. KU will prepare staff reports, recommendations, and attend meetings upon request. Milestones: (as needed) Current Status: Floodplain Management — During this cycle we had flood warnings on the Yellowstone River, I attended several Statewide Floodplain Managers calls and briefings on preparedness for the City of Laurel. Additionally, it was identified that the City had not updated their floodplain regulations as instructed to in May of 2016. Resolved compliance issues for required reporting to DNRC, permitting and updates to regulations. Result of call, City not in jeopardy of change in NFIP status provided we work diligently to correct items frommComm_u_Wt_y tAssistauce Vis f Subdivision Review—The primary project during this cycle was Regal Park as they move to final plat, time involved engineering as well as planning services. We were able to resolve the difference between local approval and State DEQ approvals. Preapplication Brester Subdivision, Page 4 of 5 ENGINEERING, REIMAGINED JL; City of Laurel Project Status Update<<KLI June 15, 2018 Subdivision Regulations meeting with County Commission. Zoning —Sign Permit Compliance, Corman Rail Services, Discussion on 516 Pennsylvania Zone Change or Variance possibilities, creation of additional parking in Laurel Light Industrial District. Other Notes and Information Other potential projects have been identified during recent conversations between City staff and KU. As these are tentative, the timing and extent of KU's services are TBD. 1. Booster station rehabilitation or replacement 2. Capital Improvement Plan (CIP) assistance 3. Examining engineer review of 3`d Party submittals to City 4. Growth policy update 5. Laurel Urban Renewal Authority (LURA) infrastructure improvements 6. Lion's park grant application assistance 7. On-call government relations 8. Pavement management program (pavement rating system update) 9. Review of rules and regulations (related to public works and planning) 10. Riverside Park improvements 11. Water storage tank re -coating 12. West side groundwater remediation Page 5 of 5 ENGINEERING, REIMAGINED City of Laurel, Montana "On -Call" Engineering Contract Great West Project No. 2-07128 and 2-14114 IT, ll e'. kq 112N Date: May 25, 2018 To: Kurt Markegard, Public Works Director — City of Laurel From: Chad E. Hanson, PE Subject: Project Progress Update /Gr�.t�Wcst engineering The following sections summarize the current status and recent progress on active task orders under our "on-call" engineering contract with the City. Please let me know if you have any questions and/or would like more information. Task Order No. 25 — Intake Emergency Plan Quote packages to remove the temporary weir were received on October 3rd, and Wilson Brother Construction was awarded the base bid to remove the weir. The Army Corps of Engineers has agreed to allow the weir to remain in place through the winter, so the City is planning to leave the weir in until flows in the river are low enough this summer to allow for the work to be completed. Task Order No. 26 — New Water Intake We continue working with City staff to address recent reduced capacity concerns and are coordinating a plan to restore full functionality of the intake. Specifically, we are working with Rain for Rent and Johnson Screen to develop a procedure to backflush the screens with water using the City's portable pump. We are also following up with the Contractor on identified warranty items form the 11 month walkthrough and completing the wetland assessment and inventory. Task Order No. 29 — Phase 3 Water System Improvements The bid opening for rebidding the project was held on Tuesday, May 22nd. COP Construction is the low bidder. Their bid for the Base Bid is well below the Opinion of Probable Cost for the Base Bid and will allow the City the discretion of awarding Additive Alternates while remaining within 1 City of Laurel, Montano "On -Call" Engineering Contract Great West Project No. 2-07128 and 2-14114 the construction budget. Task Order No. 38—Phase 4 Water System Improvements Grcaftst The Phase 4 Improvements include lowering the 2003 intohe, adding an additional raw water pump at the \8/TP, and installing VFDo on all of the large novv water pumps. TOEP and DNRC grant applications for the project were aubnnitted in the spring of 2016 but fell below the funding line. The City needs to complete the lowering of the 2003 intake to comply with the Army Corps permit for the new intake but iaundecided onuschedule for the work. VVehave done nowork onthe project and will not until audirected bvthe City. 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M7 mg _ SCREW PRESS PLAN VIEW 1 i m m m D "O w z n n A O C O .I F m 0 z O I 0 m z m r z m rn 0 C 0 -i r m A 0 z D n a D T1 D co X mx xm *i X —{ O OZA W1 Z 0 m z < z C7 z vD � m0 x E m0 O Ohm o r Z7 O =M'n cn cn, C-) G rD me zA U) ° O N m Z O 00 O m ;q m Z o 0 C D co X y *i C N `E OZA O 'm Z m0 / r z < r z 1 m r D m m zzrx mr m0Ccn E m0 z "0 c:> 0 O m r �_ 0 < a m m _ D rD me I I N I O C co m M w m z L7 m D r 0 G dp wZ W O7 m X co -n -q m z u 0 w -n N �- �O O 1 Nx I I n m D z O o C, W Z G E: 04) zxm 0mm Mzx zcnu) D m rr -G) m N Z n m ,m mxD Z O m X O cn W =m D Z A O 2 r m G) r D D C m U O ={ xx x c O O cn -n � c 0 r C Z F C N O r = z o� m0 z< C 0 �D mm 0 P m J U) m 0 0 W z 0 J o} O rn m0 *i m o o..e OZA -{C W 0 m m 0 x � 1 c: m O x—� rm 0 z "0 z— m z m �_ n m zw rD me m O U) ° O WF Z O D mo O m ;q -n m o 0 C Z N 8 m I I N I O C co m M w m z L7 m D r 0 G dp wZ W O7 m X co -n -q m z u 0 w -n N �- �O O 1 Nx I I n m D z O o C, W Z G E: 04) zxm 0mm Mzx zcnu) D m rr -G) m N Z n m ,m mxD Z O m X O cn W =m D Z A O 2 r m G) r D D C m U O ={ xx x c O O cn -n � c 0 r C Z F C N O r = z o� m0 z< C 0 �D mm 0 P m J U) m 0 0 W z 0 J o} O rn m0 *i m o o..e OZA -{C Z m 0 m 0 x � 1 c: m O x—� rm r m � z— m z m m m 5 r z m O ° O r z w D O r m w N C 0 C m -u m r cn m m n m m �zj z m Mo A W m z r A z m o 0 m_O 0 r Z n r r m nwi -A m m r Z] �z0 ,mz � z W r Z7 mmo � 0 r x 0 0 m D m cziczirc =moo m i z m C. -0 >m m xD z O m X WWTP DEWATERING FACILITIESo CITY OF LAUR5L LAUREL, MT o} �F V 6' *i m o o..e SCREW PRESS SECTIONS K DETAILS ; Tz9D m r C W yr W � m O mD p, 0 D ?z mn rm -mi m Om �m 0 O(D 1 !n h— 30" --i D O 00 A Z O Om R --i D m q -0 mm { p �M O -I = D r r x p om =m �Z x Cf) O v z _U) 2 C X z m Z IZT i m mom°-' m°'Dr O - n) r i v0m ODD mfG) Ori Omm00 r O mDm3O .ZI Dm9V -i 'O n V m -f �nD2 n yD �SC'12 'D OC y c� m Z z3.. m �C� �� G) ymNmo m m C)m� m �n Z y 2 DD y:i m -iy Z2 pyy-D...10 ;.�D-OI SCIZ mmmDD zo m -A �m>z `-0��� (nD '=gym Cy pp K p m O m m m n r m y j N p'ipA.-iy-12r m2vt) mm OZmz ^ ,�v omy o c > omvzz 'm Ko)N Tmmm pmTym v -p22 m DG) 1 Oc Zm mr- 3-m-1��D 2020 aD -i m v moo v. , (7 'y rD-xO D2(yn G)� �DNN Ozmm.Tl C-zcmw1S�-�717 -I �pv-1 y2 DymD> yrf2it �r2'-� -pi>�mD 0 D pr mm2A z r m WWTP DEWATERING FACILITIES CITY OF LAUREL LAUREL, MY -" i& m° vAA SLUDGE TRANSFER PUMPS pflUCE ��,pARl'M�j�rT. June 19, 2018 Mayor Nelson 215 W. I" Street Laurel, Mt. 59044 Chief of Police Rick Musson RE: Appointment to the Laurel Police Reserves Melissa Brennan Dear Mayor Nelson, Fax 406-628-4641 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. Chief Musson RESOLUTION NO. RIS -35 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 l: 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, 2018. Introduced at a meeting of the City Council on July 2, 2018, by Council Member PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 2"a day of July 2018. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Langve, Clerk -Treasurer APPROVED AS TO FORM: Sam Painter Civil City Attorney R18-35 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 (1%) 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 2nd day of July, 2018. VW&* C_ Thomas Nelson, Mayor ATTEST. Bethany Langve, Clerk/Treasurer ELK RIVER LAW OFFICE Georgette H. Boggio 2 RESOLUTION NO. R18-36 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`l' Avenue and West 2nd 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 July 2, 2018, by Council Member PASSED and APPROVED by the City Council of the City of Laurel this 2nd day of July, 2018. APPROVED by the Mayor this 2nd day of July, 2018. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Langve, Clerk -Treasurer Approved as to form: Sam Painter, Civil City Attorney R18-36 Approve Street Repair Contract Wharton Asphalt LLC (7`h Avenue and West 2"d Street) INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 2nd day of July, 2018, between the City of Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as "City" and Wharton Asphalt LLC, a contractor licensed to conduct business in the State of Montana, whose address is 3962 Pa Hollow Trail, Billings, Montana 59106, hereinafter referred to as "Contractor". SECTION ONE DESCRIPTION OF SERVICES A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services described in the Bid dated May 23, 2018, attached hereto as Exhibit "A" and by this reference made part of this contract. B. Effective Date. This contract is effective upon the date of its execution by both Parties. Contractor shall complete the services within 60 days of conunencing work. The parties may extend the term of this contract in writing prior to its termination for good cause. C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the specifications and requirements of this contract, any applicable Montana Public Work Standard(s) and Exhibit "A". SECTION TWO CONTRACT PRICE Payment. City shall pay Contractor sixteen thousand three hundred sixty three dollars and no cents ($16,363.00) for the work described in Exhibit A. Any alteration or deviation form the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY'S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR'S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City's personnel policies or handbook and shall not be considered a City employee for workers' compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, Page 1 of 5 agreements or sub -contracts in any dealings between Contractor and any third parties. The City is interested solely in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct the work to the best of his/her ability. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules, Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers' Compensation Act. Contractor shall maintain workers' compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of §39-71-401, MCA. Contractor understands that all contractors or subcontractors working on publicly funded projects are required to have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue pursuant to Montana law. C. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. All equipment, materials, and labor provided to, on, or for the Contract must be fi•ee of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. Upon receipt of City's written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City's acceptance of the corrective action. F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities and/or has made field examinations. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. I. All work is performed at Contractor's risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. Page 2 of 5 J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles used or held for use in the completion or performance of the Contract. K. Title to all work, work product, materials and equipment covered by any payment of Contractor's compensation by City, whether directly incorporated into the Contract or not, passes to City at the time of payment, free and clear of all liens and encumbrances. SECTION FIVE INDEMNITY AND INSURANCE Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Contractor or its agents or employees. SECTION SIX COMPLIANCE WITH LAWS Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor shall either possess a City business license or shall purchase one, if a City Code requires a business license. SECTION SEVEN NONDISCRIMINATION Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. SECTION EIGHT DEFAULT If either party fails to comply with any term or condition of this Contract at the time or in the manner provided for, the other party may, at its option, terminate this Contract and be released from all obligations if the default is not cured within ten (10). days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non -defaulting party may bring suit for damages, specific performance, and any other remedy provided by law except for punitive damages. The Parties hereby waive their respective claims for punitive damages. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand -delivered or mailed to the parties at the addresses set forth in the first paragraph of this Contract. SECTION NINE TERMINATION Either party may terminate the contract for thea convenience upon thirty days written notice sent postage prepaid, to the addresses provided herein. Page 3 of 5 SECTION TEN GOVERNING LAW AND DISPUTE RESOLUTION The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days after the dispute arises. If negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the mediator or file suit. SECTION ELEVEN ATTORNEY FEES If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful party's attorney's fees and all costs charges and expenses related to the action. SECTION TWELVE ENTIRE AGREEMENT This contract and its referenced attachment and Exhibit A contain the entire agreement and understanding of the parties and supersede any and all prior negotiations or understandings relating to this project. This contract shall not be modified, amended, or changed in any respect except through a written document signed by each party's authorized respective agents. SECTION THIRTEENTH ASSIGNMENT OF RIGHTS The rights of each party under this Contract are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION FOURTEEN SEVERABILITY Each provision, section, or subsection of this Contract shall stand separate and independent of every other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall remain in full force and effect. SECTION FIFTEEN PARAGRAPH HEADINGS The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be used to explain, simplify, or aid in the interpretation of the provisions of this agreement. Page 4 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 2na DAY OF JULY, 2018. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Langve, Clerk/Treasurer 5 of 5 CONTRACTOR Wharton Asphalt LLC Employer Identification Number Exhibit A ��Tharton sphalt LLC Name / Address City of Laurel Date Fstimate 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 112 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 1.Bid does not include price for bond or traffic control. 2.The signing of this proposal will serve as a binding contract between True North Contracting LLC and signing party. 3.Thank you for the opportunity to earn your business Total ACCEPTANCE OF PROPOSAL. DATE OF ACCEPTANCE 538,105.00 RESOLUTION NO. R18-37 A RESOLUTION APPROVING A TASK ORDER AUTHORIZING KADRMAS, LEE & JACKSON, INC. FOR SERVICES RELATING TO THE CITY OF LAUREL'S 2018 PAVEMENT MAINTENANCE 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. R17-69; 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 July 2, 2018, by Council Member PASSED and APPROVED by the City Council of the City of Laurel this 2nd day of July, 2018. APPROVED by the Mayor this 2nd day of July, 2018. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Langve, Clerk -Treasurer APPROVED AS TO FORM: Sam Painter, Civil City Attorney R18-37 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, € E (MT, ND, WY) <LJ 406-245--5499 Office 2611 Gabet Road Billings, MT 59102 ktjeng.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): July 2, 2018 City of Laurel Kadrmas, Lee &Jackson, Inc. (dba "KU") Laurel 2018 Pavement Maintenance E. Specific Project (description): Miscellaneous annual pavement maintenance design, bidding and construction in locations throughout the City of Laurel 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: Set forth in Part 1—Basic Services of Exhibit A, "Engineer's Services for Task Order," modified for this specific Task Order, and attached to and incorporated as part of this Task Order. B. Resident Project Representative (RPR) Services — Not Used 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 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 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. 5. 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: DESIGNATED REPRESENTATIVE FOR TASK ORDER Name: Kurt Markegard Title: Director of Public Works PO Box 10 Address: Laurel, MT59044 E -Mail Address: kmarkegard@laurel.mt.gov ENGINEER: Kadrmas, Lee &Jackson, Inc. By: Print Name: Title: Engineer License or Firm's Certificate No. (if required): PEL-EF-LIC-37 State of: Montana DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Carl Jackson Title Address Project Manager PO Box 80303 Billings, MT 59108 E -Mail Address: carl.jackson@kljeng.com 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 E1CDC6 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 4th 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 network will 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. 2. 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 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 6. Advise Owner of any recommended adjustments to the opinion of probable Construction Cost. 7. 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 A2.01.13.2 of this Exhibit A. 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 A2.01.13.2 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: I. 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 Engineer's responsibilities as a licensed professional. All of Owner's instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 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. 9. 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,—aH►d the Resid„„+ o.-,,;eet o,,.,.-,,.-eRt a+,,,,, ifany 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. Engineershall 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 EJCDC° E-505, Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 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 A2.01.13.2 of this Exhibit A. 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 6 19. Inspections and Tests: a. Receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Construction Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Construction Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Construction Contract Documents. Engineer shall be entitled to rely on the results of such inspections and tests. b. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. c. Pursuant to the terms of the Construction Contract, require additional inspections or testing of the Work, whether or not the Work is fabricated, installed, or completed. 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 Engineer's 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 Ownerduringthe Post -Construction Phase, as Basic Services, Engineer shall: 1. Together with Owner, visit the Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. 2. Together with Owner, visit the Project within one month before the end of the Construction Contract's correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by Contractor. B. The Post -Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract's correction period. 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 forAdditional Services, as indicated in the specificTask 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 1. 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 i. 3-D or artistic renderings 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 overthe anticipated environmental impact of the Specific Project. 3. 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. 5. 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. 7. 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 EJCDC° E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 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. 14. PFeVidiAg eE)R5tFUGtieR surveys and staking to enable GentraGteF tO peFfGFFn its work, and any type of pizepeFty surveys eF related engineering sei:viees needed fiar the transfer ef interests in real property; and previdirig other speeial field surveys. 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. 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 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 11 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 RFIs, 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 KL,J) 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 I $75.00 Planner III $140.00 Archaeologist II $85.00 Project Assistant 1 $70.00 Archaeologist II1 $125.00 Project Assistant II $75.00 Archaeologist IV $140.00 Project Assistant II1 $95.00 Archaeologist V $150.00 Project Assistant IV $105.00 Archaeologist Technician $75.00 Project Assistant V $115.00 Architect I $100.00 Right -of -Way Agent I $80.00 Architect II $110.00 Right -of -Way Agent II $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 I $100.00 CAD Technician II $100.00 Structural Engineer II $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 II $110.00 Surveyor I $95.00 Engineer III $140.00 Surveyor II $110.00 Engineer IV $170.00 Surveyor I11 $130.00 Engineer V $200.00 Surveyor IV $165.00 Engineering Technician I $95.00 Surveyor V $190.00 Engineering Technician 11 $110.00 Survey Technician $85.00 Engineering Technician III $125.00 Visual Designer $100.00 Engineering Technician IV $145.00 Environmental Planner I $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 II $100.00 GIS Analyst III $130.00 GIS Analyst IV $145.00 GIS Technician $75.00 Government Relations Specialist 1 $90.00 Government Relations Specialist II $120.00 Government Relations Specialist 111 $150.00 Hydrogeologist $200.00 Landscape Architect 1 $100.00 Landscape Architect II $110.00 Landscape Architect III $130.00 Landscape Architect IV $145.00 Planner I $100.00 Planner I1 $120.00