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HomeMy WebLinkAboutCouncil Workshop Packet 10.01.2019 AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, OCTOBER 01, 2019 6:30 PM CITY COUNCIL CHAMBERS Public Input: Citizens may address the Council regarding any item of City business that is not on tonight's agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item that is on tonight's agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your comments until the public hearing. At the public hearing, the City Council will establish an official record that will include all of your comments, testimony and written evidence. The City Council will base its decision on the record created during the public hearing. Any comments provided tonight will not be included in the record or considered by the City Council. General Items 1. Presentation by Lynnadele Nielsen and Sally Ellestad with JustServe. 2. Re-appointment of Duane Rehling to the Laurel Volunteer Fire Department. Executive Review 3. Resolution-Approving A Task Order Authorizing Kadrmas, Lee &Jackson, INC. For Services Relating To Site Survey, Engineering And Design Services Related To Other Related Work To The Creation Of A Campground Within Riverside Park. 4. Resolution- A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With Castlerock Excavating, Inc. For Hydrant Removal and Replacement For The City Of Laurel. 5. Resolution - Approving a Contract Between The City Of Laurel And Star Service, Inc. For The Replacement Of Screw Pump "A" At The Wastewater Treatment Plant. 6. Resolution—A Resolution Accepting Easement Agreement from Diefenderfer Family Trust 7. Resolution -A Resolution Resetting The December 24, 2019 City Council Meeting To December 23, 2019. Council Issues Other Items Review of Draft Council Agendas 8. Review Draft Council Agenda of October 8, 2019. Attendance at Upcoming Council Meeting Announcements 9. Employee Volunteer Recognition: Nancy Schmidt 24 Years Library Joel Sauter 22 Years Police Department Justin Baker 7 Years City Shop Fred Lyons 6 Years Library Bethany Langve 3 Years City Clerk Carrie Ringer 2 Years City Clerk Jackson Booth 1 Year Police Department Zack Winchell 8 Years Fire Department 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 City Clerk,PO Box 10,Laurel, MT 59044,or present your request at City Hall,115 West First Street,Laurel,Montana. Item Attachment Documents: 2. Re-appointment of Duane Rehling to the Laurel Volunteer Fire Department. LAUREL FIRVEMS 215 WEST 1 ST STREET • LAUREL, MT • 59044 lop OFFICE 406.628.4911 FAx 406.628.2185 City of Laurel September 19, 2019 PO Box 10 Laurel, Mt. 59044 City of Laurel Mayor and City Council members, On September 18, 2019 the Laurel Volunteer Fire Department accepted the reinstatement letter for Duane Rehling by a unanimous vote. Mr. Rehling had resigned from the Laurel Fire/EMS in 2017 due to family medical issues. Life has once again gave him the opportunities and he wishes to continue serving the great city of Laurel. Duane is a 19 year veteran of the Department and held several leadership and committee positions. Please accept Mr. Rehling's reinstatement back to the Department. Brent S. Peters Fire Chief, Laurel Fire Department Item Attachment Documents: 3. Resolution-Approving A Task Order Authorizing Kadrmas, Lee &Jackson, INC. For Services Relating To Site Survey, Engineering And Design Services Related To Other Related Work To The Creation Of A Campground Within Riverside Park. RESOLUTION NO. R19- A RESOLUTION APPROVING A TASK ORDER AUTHORIZING KADRMAS, LEE & JACKSON,INC. FOR SERVICES RELATING TO SITE SURVEY,ENGINEERING AND DESIGN SERVICES RELATED TO OTHER RELATED WORK TO THE CREATION OF A CAMPGROUND WITHIN RIVERSIDE PARK. 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 Riverside Park Campground 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 $61,150 without further authorization and written 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 October 8, 2019,by Council Member PASSED and APPROVED by the City Council of the City of Laurel this 8th day of October 2019. APPROVED by the Mayor this 8th day of October 2019. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: Sam Painter, Civil City Attorney R19-Approve Task Order for City of Laurel's Riverside Park Campground: Kadmias,Lee&Jackson,Inc. This is a Task Order for KU Project No. 1804-00554, consisting of three (3) pages, plus attachments. Task Order: City of Laurel Planning Services In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services—Task Order Edition, dated December 5, 2017 ("Agreement"), Owner and Engineer agree as follows: 1. Background Data A. Effective Date of Task Order: October 8, 2019 B. Owner: City of Laurel C. Engineer: Kadrmas, Lee&Jackson, Inc. (dba "KU") D. Specific Project(title): Riverside Park Campground E. Specific Project(description): Site survey, engineering and design services related to other related work to the creation of a Campground within Riverside Park. 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 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. 3. Additional Services A. Additional Services that may be authorized or necessary under this Task Order are: Set forth in Part 2—Additional Services of Exhibit A, "Engineer's Services for Task Order," modified for this specific Task Order, and attached to and incorporated as part of this Task Order. Task Order Form—City of Laurel Planning Services EJCDC°E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 4. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B. 5. Task Order Schedule Planning services shall be completed within the timelines found in the applicable local regulations or Montana Law. It is anticipated that services will be provided "on-call"throughout the duration of the Agreement, upon request of Owner. 6. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Description of Service Amount Basis of Compensation 1. Basic Services (Part 1) $61,150.00 Hourly not to Exceed (Rates in Exhibit C,Appendix 2) 2. Additional Services (Part 2) $ (tbd) Hourly (Rates in Exhibit C,Appendix 2) moused en ar m enth ceritinue-usconstF lction peFied. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer's labor, overhead, profit, reimbursable expenses (if any), and Consultants' charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases(line items)to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: None 8. Other Modifications to Agreement and Exhibits: 9. Attachments: Exhibit A—Engineer's Services for Task Order Exhibit A,Appendix 1—Engineer's Estimated Fee Exhibit C,Appendix 2—Engineer's Standard Hourly Rates 10. Other Documents Incorporated by Reference: December 5, 2017 Agreement between Owner and Engineer for Professional Services,Task Order Edition Task Order Form—City of Laurel Planning Services EJCDC°E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 11. Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is October 8, 2019. OWNER: City of Laurel ENGINEER: Kadrmas, Lee&Jackson, Inc. By: By: Print Name: Print Name: Title: Title: Engineer License or Firm's Certificate No. (if required): PEL-EF-LIC-37 State of: Montana DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Kurt Markegard Name: Matt Corcoran Title: Director of Public Works Title: Project Manager PO Box 10 PO Box 80303 Address: Laurel, MT 59044 Address: Billings, MT 59108 E-Mail E-Mail Address: kmarkegard@laurel.mt.gov Address: matt.corcoran@kljeng.com Phone: 406-628-4796 Phone: 406-245-5499 Task Order Form—City of Laurel Planning Services EJCDC°E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 This is EXHIBIT A,consisting of three(3)pages,referred to in and part of the Task Order dated October 8, 2019. Engineer's Services for Task Order: City of Laurel Planning Services PART 1—BASIC SERVICES A1.01 Topography and Boundary Survey Phase A. Obtain property boundary and survey data of the project site for developing existing site conditions and topography.This will include survey management, survey research, boundary survey,topographic survey and utilities survey. B. Develop a base map indicating existing conditions of the project site for use in developing design drawings. A1.02 Schematic Design Phase A. Consult with Owner to define and clarify Owner's requirements, including objectives and constraints, space,capacity and performance requirements,flexibility,expandability,and any budgetary limitations, and identify available data, information, reports,facilities plan, and site evaluations. B. Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer additional relevant data and information,for Engineer's use in providing engineering design services. C. Prepare a schematic layout drawing of proposed campground depicting locations of roadways, campsites and two restroom buildings and other campground amenities. The proposed layout shall utilize existing gravel roadways as much as possible. D. Attend one (1)Owner Review Meeting with Owner and other external parties to review the schematic design and accept comments on the design. E. Review Preliminary Cost Estimates, as developed by others and update as needed based on schematic layout. A1.03 Design Development& Construction Documents Phase A. Detailed Site Layout&Grading 1. Site layout to include limited design of roadways, RV pads, paths, parking pads, sidewalks, restroom location, paths, and other amenities. 2. Detailed grading plans including building floor elevations and spot elevations and slopes to indicate specific construction grading requirements (e.g., doorway entries, sidewalks, sidewalk stairs, accessibility ramps, curbs,and drainage flow). (CD Phase Only) Exhibit A—Engineer's Services—City of Laurel Planning Services EJCDC® E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 B. Utility Design 1. Not included. Campsites will be primitive sites with no utilities. C. Stormwater Management Plan & Design 1. Prepare an erosion control plan for the site per City or State of Montana site plan requirements. D. Landscape Plan 1. Landscape design and planting schedule within the project area is anticipated to include: a. New shade tree plantings for the campground and park area. b. Seeding/turfing plan for all disturbed areas of the site within the limits of the design effort. E. Technical Specifications 1. Front End and Technical specifications will be provided in a Project Manual for the items of Work included under Engineer's Services. F. Review Agency Coordination 1. The Engineer will serve as main contact between Owner and the review agencies for submittal and approval of proposed site layout plan. G. Owner/Architect Coordination 1. The Engineer anticipates attending up to three(3)one hour coordination meetings,either in-person or via an electronic meeting format, during the Design Development Phase and Construction Documents Phases. The Engineer will attend additional meetings for an additional fee to be billed at the Engineer's standard hourly rate. 2. Engineer's fee assumes that no major revisions will be made to the site plan after the kickoff of the Final Design plans and the Owner/Architect's acceptance of the Preliminary Design documents. H. Other Items to be Noted 1. Owner or Architect will be responsible for securing designs of gas,telecommunication and any other utilities not described as part of Engineer's services. 2. Engineer's fee does not include submittal, review, recording, permitting, system development, or other fees;these fees are to be paid by Owner or Contractor. 3. Scope does not include drafting, obtaining, or recording any easements, common use agreements, variances, or permits unless specifically stated above. 4. The number of bid packages Work designed or specified by Engineer upon which the Engineer's compensation has been established under this Agreement is one (1). Preparing additional Contract Exhibit A—Engineer's Services—City of Laurel Planning Services EJCDC® E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 Documents for alternate bids requested by Owner for the Work or a portion thereof other than provided under Basic Services is available as an additional service. 5. Scope does not include study and report phase services, marketing exhibits, environmental studies, traffic impact analysis, permitting, permit application materials, requests for zoning change or any deviation or variance from local standards or zoning regulations, or any entitlements services such as lot modifications, platting, easements, etc. 6. Scope does not include the following design services: structural design, mechanical engineering services or pumping systems, geotechnical engineering, surveying or services to aid in the completion of geotechnical recommendations, or other services not listed in the Scope above. A1.04 Bidding or Negotiating Phase A. Provide construction documents to the Owner for bidding purposes. B. Provide assistance in the course of one(1) bid for the components of project included in the Engineer's design. 1. Includes review of material substitution requests that don't require design changes. C. Provide the technical information necessary to issue up to two(2)addendum,as appropriate,to clarify the bidding documents covered by the Engineer's design. D. Scope does not include assistance in connection with Bid protests, rebidding,or renegotiating contracts for construction,materials,equipment,or services or making revisions to drawings for"or equal"items. A1.05 Construction Phase A. Provide part time construction observation and administration for up to sixty(60) hours. B. Provide construction staking of subgrade, and finished grade for gravel and sidewalk surfaces. Fee assumes up five(5)trips by a 2-man survey crew. PART 2—ADDITIONAL SERVICES A2.01 Additional Services Requiring an Amendment to Task Order A. Advance Written Authorization Required:During performance under a Task Order,Owner may authorize Engineer in writing to furnish or obtain from others Additional Services of the types listed below. Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services, using the basis of compensation for Additional Services, as indicated in the specific Task Order. 1. Preparation of applications and supporting documents(in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with a specific Exhibit A—Engineer's Services—City of Laurel Planning Services EJCDC® E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 project;and preparation or review of environmental assessments and impact statements,or other environmental-related field work and permitting tasks. 2. 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. 3. Assistance to Owner in training Owner's staff. 4. Services required as a result of Owner's providing incomplete or incorrect information to Engineer. 5. Providing renderings or 3-D (artistic) models for Owner's use. 6. Furnishing services of Consultants for other than Basic Services. 7. 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. 8. Services during out-of-town travel required of Engineer, upon request of Owner, necessary to complete Basic Services. 9. 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. 10. Overtime work requiring higher than regular rates. 11. Provide assistance in responding to the presence of any Constituent of Concern at any project site, in compliance with current Laws and Regulations. 12. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. B. Advance Written Authorization Not Required: Engineer shall advise Owner in advance that Engineer will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services, using the basis of compensation for Additional Services, as indicated in the specific Task Order. 1. None Exhibit A—Engineer's Services—City of Laurel Planning Services EJCDC® E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 This is Appendix 2 to EXHIBIT C, referred to in and part of the Agreement between Owner and Engineer for Professional Services-Task Order Edition dated [December 5, 2017]. Standard Hourly Rates Schedule The following standard hourly rates are subject to review and adjustment per Exhibit C. Hourly rates for services as of the Effective Date of the Task Order are: Archaeologist I $75.00 GIS Technician $75.00 Archaeologist II $85.00 Government Relations Specialist I $90.00 Archaeologist III $125.00 Government Relations Specialist II $120.00 Archaeologist IV $140.00 Government Relations Specialist III $150.00 Archaeologist Technician $75.00 Hydrogeologist $200.00 Archaeologist V $150.00 Landscape Architect I $100.00 Architect I $100.00 Landscape Architect II $110.00 Architect II $110.00 Landscape Architect III $130.00 Architect III $130.00 Landscape Architect IV $145.00 Architect IV $150.00 Planner I $100.00 Architectural Historian $120.00 Planner II $120.00 CADD Technician I $85.00 Planner III $140.00 CADD Technician II $100.00 Project Assistant I $70.00 CADD Technician III $110.00 Project Assistant 11 $75.00 CADD Technician IV $120.00 Project Assistant III $95.00 Engineer 1 $100.00 Project Assistant IV $105.00 Engineer II $110.00 Project Assistant V $115.00 Engineer III $140.00 Right-of-Way Agent I $80.00 Engineer IV $170.00 Right-of-Way Agent II $115.00 Engineer Technician II $110.00 Right-of-Way Agent III $130.00 Engineer Technician III $125.00 Right-of-Way Agent IV $150.00 Engineer Technician IV $145.00 Right-of-Way Agent V $170.00 Engineer V $200.00 Structural Engineer I $100.00 Engineering Technician I $95.00 Structural Engineer II $110.00 Environmental Planner I $90.00 Structural Engineer III $130.00 Environmental Planner II $110.00 Structural Engineer IV $155.00 Environmental Planner III $130.00 Structural Engineer V $175.00 Environmental Planner IV $150.00 Survey IV $165.00 Environmental Planner V $170.00 Survey Technician $85.00 Environmental Technician $75.00 Survey V $190.00 GIS Analyst I $80.00 Surveyor I $95.00 GIS Analyst II $100.00 Surveyor II $110.00 GIS Analyst III $130.00 Surveyor III $130.00 GIS Analyst IV $145.00 Visual Designer $100.00 Exhibit C-Appendix 2-Standard Hourly Rate Schedule 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 Item Attachment Documents: 4. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With Castlerock Excavating, Inc. For Hydrant Removal and Replacement For The City Of Laurel. INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 8"' day of October, 2019, 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 Castlerock Excavating, Inc., a contractor licensed to conduct business in the State of Montana, whose address is 6765 Trade Center Avenue, Billings MT 59105, 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 quote, 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 30 days of commencing 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 Twelve Thousand Ninety Seven Dollars and Fifty Two Cents ($12,097.52) 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, agreements or sub-contracts in any dealings between Contractor and any third parties. The City is Page 1 of 5 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 regard to wage and employment requirements. Contractor shall comply with the applicable requirements of the Workers' Compensation Act of Montana. 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. Prior to the commencement of work, Contractor shall furnish City with copies showing one of the following: (1) proof of registration as a registered contractor under Title 39, Chapter 9, MCA; (2) a binder for workers' compensation coverage by an insurer licensed and authorized to provide workers' compensation insurance in the State of Montana; or (3) proof of exemption from workers' compensation granted by law for independent contractors. 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 free 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 their 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 parry'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 THIRTEEN 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 8"' DAY OF OCTOBER 2019. CITY OF LAUREL CONTRACTOR Thomas C. Nelson, Mayor Castlerock Excavating, Inc. ATTEST: Employer Identification Number Bethany Langve, Clerk/Treasurer 5 of 5 EXHIBIT A Castlerock Excavating, Inc. 6765 Trade Center Ave Billings,MT 5910.5 x Phone: 406-294-5144 EXCAVATINCR Quote To: City of Laurel Job Name: E.Main and Colorado Ave.hydrant replaceme ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 101 Mobilization 1.00 LS 552.48 552.48 102 Hydrant Removal and Replace 1.00 LS 11,545.04 11,545.04 GRAND TOTAL $12,097.52 NOTES: -excludes inlet repair,asphalt repair,concrete removal/replace,and temporary water. -6.5'burry hydrant to be installed.Hydrant burry line may be above or below finish concrete level. General Conditions Work not mentioned above will not be considered part of this proposal U Castlerock Excavating,Inc is a Certified Montana DBE This proposal is to be constructed in accordance with Montana Public Works and all associated addendums&City of Billings Modifications. U All scheduling of the work needs to be pre-approved by Castlerock Excavating,Inc. [LJ We have excluded quality assurance testing&geotechnical material testing services,all handling/disposal of hazardous I contaminated materials,all construction related permits&fees(except dewatering permit),&erosion control pen-nits and measures. We have not included bond. Please add 3%for bond if required. Insurance is included. Page 1 of 1 RESOLUTION NO. R19- A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH CASTLEROCK EXCAVATING,INC. FOR HYDRANT REMOVAL AND REPLACEMENT FOR 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 Castlerock Excavating, Inc. relating to hydrant removal and replacement services for the City of Laurel, copy attached hereto, is hereby approved. Section 2: Execution. The Mayor and the City Clerk of the City of Laurel are hereby given authority to execute the contract on behalf of the City. Introduced at a regular meeting of the City Council on October 8, 2019, by Council Member PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 8th day of October 2019. APPROVED by the Mayor this 81h day of October 2019. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Langve, City Clerk/Treasurer Approved as to form: Sam S. Painter, Civil City Attorney R 19- Approve Contract—Castlerock Excavating Item Attachment Documents: 5. Resolution - Approving a Contract Between The City Of Laurel And Star Service, Inc. For The Replacement Of Screw Pump "A" At The Wastewater Treatment Plant. KLI 2611 Gabel Road Billings,MT 59102-7329 406 245 5499 KUENG.COM September 23, 2019 Kurt Markegard City of Laurel 115 W. 1st Street Laurel, MT 59144 Re: WWTP Screw Pump "A" Replacement Project Dear Kurt: Three quotes for the WWTP Screw Pump "A" Replacement Project were received on September 20, 2019. These quotes are for the removal of the existing screw pump, the preparation of the existing pump trough and the installation of the new screw pump.The City of Laurel is providing the screw pump and related mechanical equipment for this project.The first quote was$59,800.00 received from Star Service, Inc.,the second was for$82,000.00 received from Dick Anderson Construction, and the third was for$64,645.00 received from COP Construction. We have attached a copy of the Quote Tabulation for your records. This pump replacement is being considered an emergency and this was not a public bid, therefore bid bonds were not required.All quotes complied with the prepared Quote Package provided to the contractors and all three contractors had visited the site to familiarize themselves with the project. Star Service Inc. submitted the lowest responsive quote and we recommend the City enter into an agreement with Star Service Inc. in the amount of$59,800.00, for the replacement of the screw pump. Star Service Inc. will provide a signed Agreement and Certificate of Insurance for the project. Since the City pre-purchased the equipment and the contractors were pre-qualified,the City choose not to require performance or payment bonds for this project. If you have an questions or concerns -y y q concerns, contact me at (406) 247 2913. Sincerely, KU 5 Doug1 C. Whitney, PE Project Manager Attachment(s): Quote Tabulation Project#: 1804-00347,Task 6 cc: Tim Reiter—City of Laurel ENGINEERING, REIMAGINED O o 0 aj u w et tD J Q5 lD J C F O u an N O C O U Ln a u a c D O � O C o O ' O C W N O_ 0 00 O 7 F QC N G C V c O p- a + o N h O U c U Y C N 9 Q � Y u C � O Q 'ct o CD O O i u O U yNj u Q a Oi O N Oj L m N D Y ~ Q1 r-IC fO- O ~ Z cr O Z O N LL Lu u O 2 0 2 J U w L vi o Z ¢ W o c5 c O a Z N a, c _p gcj) u OO = g w a L LL O = L aj M Q (] v7 D = O Q UA4 E O 'c O O. uj � CO of N t U 00 of p a c c) o !- N p O i � ~ N E Q cu a Q � v , v) Q o � v � 'n x " v O N 3 L 00 o O =O > � E sv a, o Q! [L N m C m N L p_ N C VI T', N QJ jUp_o C7 c6 nv DD O N O Z C C O m H F 0 a C RESOLUTION NO. R19- A RESOLUTION ACCEPTING THE QUOTE SUBMITTED BY STAR SERVICE,INC. TO REPLACE SCREW PUMP"A"AT THE WASTEWATER TREATMENT PLANT,AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH STAR SERVICE,INC.FOR SUCH SERVICES. WHEREAS, the City of Laurel requested three quotes for service, from qualified companies, pursuant to the City's Purchasing Policy; and WHEREAS, the City opened the quotes received and considered the quotes submitted by qualified companies and has determined that it is in the best interest of the City to select the successful company that appeared most qualified,available and the most affordable; and WHEREAS,the City Staff is recommending the Council select Star Service, Inc. as the company to provide the services sought by the City through the three-quote process. NOW, THEREFORE,BE IT RESOLVED by the City Council, of the City of Laurel, Montana,that the City Council hereby accepts the quote submitted by Star Service,Inc.; and BE IT FURTHER RESOLVED,the City Council hereby authorizes the Mayor to execute a contract for the services and costs provided in the quote on the City's behalf. Introduced at a regular meeting of the City Council on October 8,2019,by Council Member PASSED and APPROVED by the City Council of the City of Laurel this 8t'day of October 2019. APPROVED by the Mayor this 8t1i day of October 2019. CITY OF LAUREL Thomas C.Nelson,Mayor ATTEST: Bethany Langve, Clerk-Treasurer Approved as to form: Sam S. Painter, Civil City Attorney R19-Screw Pump"A"Replacement Project Item Attachment Documents: 6. Resolution—A Resolution Accepting Easement Agreement from Diefenderfer Family Trust 389645200� Re 1V'rV\ 09/ls/2019 02:28 PM Pages. 1 of 4 Fe eq S�e�� �' P�e J�, Q f Jeff Martin Clerk & Recorder, Yellowstone MT oA I gill r����,�1r� l il '�I . '��w gill U 19 Flip-f vte, Dr- ��11lgp , IA-r S910'�_ PERPETUAL RIGHT-OF-WAY EASEMENT FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged on this Q 'N` day of=5eptern6 -- 52019, the undersigned DIEFENDEFER FAMILY TRUST,with the address of 3619 Flagstone Drive,Billings, Montana 59102,hereinafter called "Grantor," hereby grants and conveys unto the CITY OF LAUREL,a municipal corporation and political 1 First Street, Laurel subdivision of the State of Montana, of the address of 115 West t, , Montana 59044, hereinafter called "Grantee," a perpetual easement and right-of-way over, across, under,and through the following described tracts of real property in Yellowstone County, Montana: A strip of land 40 feet in width centered on the common lot line of Lot 1B, Block 1, Entertainment Park Subdivision and Lot IA, Block 1, Entertainment Park Subdivision (as recorded under document#3793829 at the office of the Yellowstone County Clerk and Recorder), from the north lot line of said Lots 1A and 1B, south for 350' to the center of'a 43.5 foot radius cuI-de-sac, inclusive of said 43.5 foot radius cul-de-sac and a strip of land 20 feet in width commencing from the intersection of the south end of said 43.5 foot radius cul-de-sac with the common lot line of said Lot 1A and IB, thence S38° 28' 30" E,.a distance of 74.5 feet to an existing storm drain & sanitary sewer easement as is shown on (EXHIBIT'W) attached to this document. This perpetual easement to Grantee is for the purpose of constructing, reconstructing, maintaining, operating, servicing, repairing and replacing sanitary sewers and/or water lines over, across, under and through the said real property, together with the right of free ingress and egress at all times for the purpose of constructing, reconstructing, maintaining, operating, servicing, repairing and replacing said sanitary sewers and/or water lines and appurtenances, and adding additional sanitary sewer and/or water lines. Grantor shall continue to have the right to use and enjoy the above-described property, except as to the rights herein granted, subject to the following restrictions: S EASE _ 3896482 09/16/2019 02:28 Phi Pages: 2 of 4 Fees: 28.00 Jeff Martin Clerk & Recorder, Yellowstone MT 1111 K«AP WEN W.A 14IV WINE ilk 11111 (a) Grantor and its successors agree not to construct, nor cause to be constructed, within the easement right-of-way, any type of building or structure, such as,but not limited to,houses, garages, sheds,kennels, fences, nor any other fixed objects of any kind, shape or form, except as may be licensed by Grantee. (b) Grantor agrees not to plant, nor cause to be planted within the easement right-of-way any trees, bushes, shrubs, hedges, nor any other plantings of . a similar nature, except as may be licensed by Grantee. (c) Grantor agrees that authorized representatives of the City of Laurel can freely travel within the easement right-of-way with their equipment in the performance of their duties at any time, day or night, regardless of outside weather conditions. (d) Grantor agrees to obtain the permission of the public Utilities Department or Grantee prior to placing or removing any fill dirt within the easement right-of-way and, in addition, in the event such permission is granted, the Grantor agrees to perform any work necessary to modify the existing sanitary sewers and/or water lines and appurtenances, which work may be required prior to placing or removing any fill dirt within the easement right-of--way and all such work shall be done at the Grantor's expense and without expense to the City. (e) Grantor agrees that the sole responsibility of the City of Laurel for any surface restoration due to any construction, replacement, repair or service work to the sanitary sewer and/or water lines by the City of Laurel shall be limited to trench backfill compaction and placement of backfill material to existing grade by the City of Laurel. (fl HOLD HARMLESS S AGREEMENT: 1. Grantor agrees that the owner or owners of the above-described property shall at all times fully relieve and save harmless the City of Laurel and its authorized representatives for any and all damages of property that may be caused within said easement right-of-way, such as, but not limited to, ruts or deep tracks in lawns, gardens, or flower beds, broken or crushed shrubs, bushes, hedges, trees or any other type of plantings; crushed, cracked, split or otherwise damaged, irrigation piping and appurtenances; and any other damage to any other type of object, material or equipment located within the easement right-of-way which cannot, with a minimum of human effort and within a few minutes time period, be removed from the easement right-of-way by authorized representatives of the City of Laurel in exercise of any of their rights under this easement right-of-way. 2. Grantor agrees the owners of the above-described real property shall reimburse the City of Laurel for any and all damage claims paid 2 EASE 3896482 09/16/2019 02:28 Pit Pages: 3 of 4 Fees: 28.00 Jeff martin Clerk $ Recorder, Yellowstone MT milI ���I� r�4e`'1�6;1 '�t��ll �!',h���,'�J[��'��h��� Yh �IIII i by the City for damages of any type or nature to any and all persons and entities in the event such damage results from or was caused to happen by such owner's failure to comply with any portion of the rights,restrictions,obligations or responsibilities contained in this Agreement. (g) The Restrictions, Covenants, and Hold Harmless Agreements herein contained shall attach to and run with the land and shall bind the parties hereto and all persons claiming thereunder. Grantor warrants and covenants that there are no liens or other encumbrance on the described tract or tracts. The grant of this easement shall run with the land and shall be binding to the parties hereto,their successors and their assigns. Diefenderfer Family Trust By: B Stephen B. Diefenderfer,Co-T stee RhonA R.Diefen er,C trustee STATE OF MONTANA ) SS: County of Yellowstone ) On this day of eo%6 W 20_,before me the undersigned Notary Public for the State of Montana,personally appeared Stephen B.Diefenderfer and Rhonda R.Diefenderfer, as Co-Trustees of the Diefenderfer Family Trust,known to me to be the persons who signed the forgoing instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year in this certificate above written. (SEAL) Signature of Notary KEVIN WNDIN %%.0 AR�,u: Y NOTARY PUBLIC for the ita SEAL ; Stets of Montana Notary Public for the State of Montana � �Iding�at B1IlFngs,Mantena Y m)ssEon Expkes . Residing at B,Iha1t Y Februa►Y; ,2f}21. My Commission expires Q5 a 3 EASE i 3896482 09/16/2019 02:28 PM Pages: 4 of 4 Fees: 28.00 Jeff Martin Clerk & Recorder, Yellowstone MT mill NFArUMNAW W«rid PWINK1 M Dirk 11111 EXHIBIT "A" PERPETUAL RIGHT- OF-WAY EASEMENT FAST RAILROAD STREET —EXISTNG 8- WATER MAIN PROPOSE 0 , "+ rm x l' WIDE NO ACCESS STRIP PAW X rWm O O X NEW PEHTPETUAL RIGHT—OF—WAY EASEMENT f m o ^C czi (SHADED AREA) I I z m e o I �mp w I I mm z � I° LOT 1A, BLOCK 1. LOT 1B, BLOCK 1, J-43.5 ENTERTAINMENT PARK ENTERTAINMENT PARK SUBDIVISION SUBDIVISION3.001 ACRES a 3.203 ACRES EXISTING 67' MY ACCESS & UTILITY EASEMENTISTNG 10' UTILITYEASEMENT M XISTING 8' SANIATERY SEWER a' Sa' 1 oa' zoo' 1 ''�• - — �- F O t �P_ SCALE: 1" = 100' ,CA 9 RESOLUTION NO. R19- A RESOLUTION ACCEPTING AN EASEMENT FROM THE DIEFENDERFER FAMILY TRUST FOR THE PURPOSE OF CREATING A PERPETUAL EASEMENT AND RIGHT-OF-WAY OVER, ACROSS,UNDER,AND THROUGH THE DESCRIBED PROPERTY FOR THE CONTRUCTION AND/OR INSTALLATION OF PUBLIC IMPROVEMENTS WITHIN THE MIDWAY RENTALS COMMERCIAL PROPERTY. WHEREAS, the City of Laurel and Montana Law requires the creation of certain public easements and rights-of-way within new commercial construction for the purpose of the installation and construction of public improvements including roads, water, wastewater and sewer systems which benefit the citizens and residents of the area; and WHEREAS, the development of the commercial construction known as Midway Rentals currently requires the developer to construct public improvements that will cross property owned by the Diefenderfer Family Trust; and WHEREAS, the Diefenderfer Family Trust, by and through its Trustee's authorized and approved the attached Easement Agreement in favor of the City of Laurel for the construction of certain public infrastructure as provided therein; and WHEREAS, the attached Easement Agreement contains the terms, conditions and location of the affected property and is hereby incorporated as part of this Resolution as provided therein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council hereby accepts the Easement attached hereto pursuant to the terms and conditions contained therein. Introduced at a regular meeting of the City Council on October 8, 2019, by Council Member PASSED and APPROVED by the City Council of the City of Laurel this 8th day of October, 2019. APPROVED by the Mayor this 8th day of October, 2019. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Langve, Clerk-Treasurer Approved as to form: Sam Painter, Civil City Attorney R19-Accept Easement from the Diefenderfer Family Trust Item Attachment Documents: 7. Resolution - A Resolution Resetting The December 24, 2019 City Council Meeting To December 23, 2019. RESOLUTION NO. R19- A RESOLUTION OF THE CITY COUNCIL RESETTING THE DECEMBER 24, 2019 COUNCIL MEETING TO DECEMBER 23, 2019. WHEREAS, City Council Meetings of the Laurel City Council are scheduled for the second and fourth Tuesdays of each month; and WHEREAS, the City Council has the discretion to reset meetings due to conflicts that arise pursuant to LMC 2.10.030; and WHEREAS,the City Council has determined it is in the City's best interest to change the date of the City Council Meeting scheduled for Christmas Eve, December 24, 2019, to December 23, 2019. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Laurel, Montana, the City Council Meeting of the City Council of the City of Laurel, Montana currently scheduled for Tuesday, December 24, 2019 is hereby reset to Monday, December 23, 2019. Notice of the change shall be posted at City Hall and sent to the Laurel Outlook. Introduced at a meeting of the City Council on October 8, 2019,by Council Member PASSED and ADOPTED by the City Council of the City of Laurel,Montana, this 8th day of October 2019. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: Sam Painter Civil City Attorney R19-: Move December 24th meeting to December 23rd