HomeMy WebLinkAboutCity Council Packet 12.23.2019
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
MONDAY, DECEMBER 23, 2019
6:30 PM
CITY COUNCIL CHAMBERS
NEXT RES. NO.
R19-88
NEXT ORD. NO.
O19-04
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 time s 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 fro m 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 Coun cil. Citizens may also
comment on any item removed from the consent agenda prior to council action , with each speaker limited to three minutes,
unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an agenda
item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment
by the Mayor. Once again, each speaker is limited to three minutes.
Any person who has any question concerning any agenda item may call the City Clerk-Treasurer's office to make an inquiry
concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will
attend the Laurel City Council meetings often .
Pledge of Allegiance
Roll Call of the Council
Approval of Minutes
1. Approval of Minutes of December 10, 2019.
Correspondence
2. Chamber of Commerce minutes of November 14, 2019; Laurel Chamber of Commerce agenda
of December 12, 2019.
Council Disclosure of Ex Parte Communications
Public Hearing
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 a ny 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.
3. Claims for the month of December 2019.
4. Clerk/Treasurer Financial Statements for the month of November 2019.
5. Approval of Payroll Register for PPE 12/15/2019 totaling $ 184,329.28.
Ceremonial Calendar
Reports of Boards and Commissions
6. Budget/Finance Committee Minutes of November 26, 2019.
Budget/Finance Committee Minutes of December 10, 2019.
Council Workshop Minutes of December 3, 2019.
Laurel Urban Renewal Agency Minutes of November 18, 2019.
Library Board Minutes of September 10, 2019.
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Library Board Minutes of October 8, 2019.
Library Board Minutes of November 12, 2019.
Public Works Committee Minutes of November 18, 2019.
Tree Board Minutes of October 17, 2019.
Tree Board Minutes of November 21, 2019.
Cemetery Commission Minutes of July 9, 2019.
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.
Scheduled Matters
7. Reappointment of Mike Kirshenmann to the Police Commission for a 3-year term ending
12/31/2022.
8. Resolution No. R19-88: A Resolution Approving A Task Order Authorizing Kadrmas, Lee &
Jackson, Inc. For Services Relating To The City Of Laurel’s 2020 Pavement Maintenance
Project.
9. Resolution No. R19-89: A Resolution Approving Amendment No. 2 To Task Order
Authorizing Kadrmas, Lee & Jackson, Inc. For Work Relating To The City’s East Downtown
Infrastructure Improvements Project
10. Resolution No. R19-90: Resolution Authorizing The Mayor To Execute An Agreement With
Beartooth RC&D Economic Development District.
Items Removed From the Consent Agenda
Community Announcements (One-Minute Limit)
This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community
announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While
all comments are welcome, the Council will not take action on any item not on the agenda.
Council Discussion
Council members may give the City Council a brief report regarding committees or gr oups in which they are involved.
Mayor Updates
Unscheduled Matters
Adjournment
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.
DATES TO REMEMBER
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Item Attachment Documents:
1. Approval of Minutes of December 10, 2019.
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Item Attachment Documents:
2. Chamber of Commerce minutes of November 14, 2019; Laurel Chamber of Commerce agenda
of December 12, 2019.
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Laurel Chamber of Commerce
Board Meeting Minutes
The Meeting was held on November 14, at Chamber Log Cabin. In attendance were: Executive Board
Members: President – Amanda Powell, Vice President- Chase Anderson, Treasurer – Evan Bruce, Executive
secretary- Cami Nelson. Directors: Patsy Woody, Beth Hoferer, Carrie Smith, Brent Renier, Lori Hodges,
Katie Whitmoyer and Billie Lehman. Chamber member: Becky Watson, Kelci Lohof, Jared Kaiser and Tera
Wombolt.
Amanda called the meeting to order.
The minutes were approved. Moved to approve- Billie, Beth 2nd, approved
The financial report was approved and bills were presented for payment.
Bills to be presented for payment: - not in budget
Lion’s Club “Christmas Greeting” Sponsorship- $50- Evan motioned, Carrie 2nd, approved
Refund to Cami for Christmas Stroll items- $160- Beth motioned, Carrie 2nd, approved
Old Business
Halloween Carnival- Cami gave a report on the Halloween Carnival. We made $45 with
the chili donations.
Halloween decorating contest- 3 businesses participated, Harmony won. Great
response from the community
Board nominees- The nominees that were in attendance introduced themselves to the
board.
Scholarship- The scholarship is set up with Laurel Montana Community Foundation. $500
for a Laurel graduate, used for any degree.
New Business
Christmas Decorations- We will be hanging decorations Nov 24th Meet 8am @ Golf
Course. It was discussed looking into putting lights on SE 4 th ST as well.
Christmas Stroll- Evan motioned we set the budget for the Christmas stroll at $500, Lori
2nd, approved. We discussed doing the hayride and decided to not do it this year and look
into doing it next. Cami reported on what all will be going on that day so far; Santa pics,
mini horses, Toys for Tots, S’mores and much more. High School art and shop class are
making wooden photo props
Christmas decorating contest- It was discussed on doing this again this year. Billie
motioned the prize would be 2 annual meeting tickets or half off of membership for non -
member business, Patsy 2nd, approved. Cami will ask businesses have decorations up by
the stroll Dec 1st.
OPEN FORUM
Exchange Club- Evan let the board know that if I am unable to attend the meeting it is
open to anyone on the board.
School District- Lori reported that the land purchase was passed and that in January
they will be putting a community group together, if interested on being on this contact
Linda at the school
Business After Hours –
o December- Chamber Open House
o January- Annual Meeting
o February- Front Porch
Meeting Adjourned Next meeting – December 12, 2019 Sid’s
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Agenda
Laurel Chamber of Commerce
December 12, 2019
Sid’s
Moment of Silence
Presentation of minutes:
Guest Speaker –
Financial Report -
Yellowstone Checking - $ 77,227.22
Altana CD $ 8,537.25
Altana Saving $ 748.73
Christmas Repair Fund $ 3,706.34
TOTAL $ 90,219.57
Bills to be presented for payment: - not in budget
Dennis Eaton- $768.75 (fixing decorations)
Elk River Outfitters- $800 (wagon rides during Christmas Stroll)
OLD BUSINESS
Vote for new board members-
Vote for new executive officers-
Taking decorations down around city- Thank you to everyone who helped hang decorations
Nov 24th! We will take them down Jan 5th meeting at the boxcar at 7:30am
Christmas Stroll- Report
NEW BUSINESS –
Annual Meeting -Can we borrow a projector from the school?
o Need 2-3 volunteers to help take stuff to Golf Course to set up
o Baskets needed for raffle items- if you have any you want to get rid of we would love them
o Donations- we can pick up or you can drop them at the Chamber
o What to use money for? - Chamber Events (Halloween Carnival, Christmas Stroll, Job
Fair?)
Holiday Open House – Dec 19th 5-7pm, come for 20 minutes or the whole 2 hours, volunteer
sheet
Montana Firefighters Memorial-
Chamber Closed- Dec 24-27th for Christmas
Events –
Ladies Night @ Thomae- December 12th 5-7pm
Open House @ A Haus of Realty- December 13th 9am-5pm
Open House @ Altana FCU- December 13th 9am-4pm
Pictures w/ Santa @ Ace- Dec 14th 11am-4pm
Vendor Show @ Harmony- Dec 14th
Breakfast w/ Santa @ Laurel Golf Club- Dec 15th 5-8pm
Open Forum –
Business After Hours –
o December- Chamber Open House 12/19/2019
o January- Annual Meeting 1/16/2020
o February- Front Porch 2/20/2020
If you would like to host an event, please contact the Chamber.
Next Meeting – January 9, 2020 KC Palace
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Item Attachment Documents:
6. Budget/Finance Committee Minutes of November 26, 2019.
Budget/Finance Committee Minutes of December 10, 2019.
Council Workshop Minutes of December 3, 2019.
Laurel Urban Renewal Agency Minutes of November 18, 2019.
Library Board Minutes of September 10, 2019.
Library Board Minutes of October 8, 2019.
Library Board Minutes of November 12, 2019.
Public Works Committee Minutes of November 18, 2019.
Tree Board Minutes of October 17, 2019.
Tree Board Minutes of November 21, 2019.
Cemetery Commission Minutes of July 9, 2019.
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Minutes of City of Laurel
Budget/Finance Committee
Tuesday, December 10, 2019
Members Present: Emelie Eaton Bruce McGee
Scot Stokes Richard Klose
Others Present: Mayor Nelson Bethany Langve
The Meeting was called to order by Chair Eaton at 5:30 pm.
Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The
duration for an individual speaking under Public Input is limited to three minutes. While all comments are
welcome, the committee will not take action on any item not on the agenda.
General Items
• Review and approve the minutes of the November 26, 2019 meeting. Council Member Eaton
commented that the minutes needed to be amended. The supervisor of APE isn’t Mike, it is Matt.
The Clerk/Treasurer stated that she would make that correction. Richard Klose made a motion to
approve the minutes of the November 26, 2019 Budget and Finance Committee meeting, as amended.
Bruce McGee seconded the motion to approve the November 26, 2019 Budget and Finance
Committee meeting minutes, as amended, all in favor, motion passed.
• Review and approve purchase requisitions – None
• Review and recommend approval to Council Claims entered through 12/06/19. Richard Klose had
previously reviewed the Claims Detail report and the Check Register for accuracy. There were no
questions regarding the claims. Richard Klose made a motion to recommend approval to Council the
claims entered through 12/06/19, Bruce McGee seconded the motion, all in favor, motion passed.
• Review and approve Payroll Register for pay period ending 11/03/19 totaling $192,474.58, the
Payroll Register for pay period ending 11/17/19 totaling $186,768.23, and the Payroll Register for
pay period ending 12/01/19 totaling $236,171.58. The Clerk/Treasurer stated that a couple of these
had to be re-approved. The two-page summaries were reviewed, signed and dated for each pay
period ending. Scot Stokes made a motion to approve all three of the Payroll Registers, Bruce McGee
seconded the motion, all in favor, motion passed.
New Business
• 2020 Claims Review Schedule – The Committee discussed making a claims review schedule for the
New Year. Emelie Eaton volunteered to review the claims for January 14th, Scot Stokes stated he
would review the claims on January 28th, Bruce McGee stated he would review the claims on
February 11th, Richard Klose stated he would review the claims on February 25th, Emelie Eaton stated
she would review the claims again on March 10th, and Scot Stokes stated it would be his turn again on
March 24th. The list is as follows:
Jan 14 – Emelie Feb 25 - Richard
Jan 28 – Scot Mar 10 - Emelie
Feb 11 – Bruce Mar 24 - Scot
Old Business – none
Other Items
• The Clerk/Treasurer stated that the Committee could no longer review the detailed report of
individual employee vacation, sick, comp and holiday time as this was not public record. She did
state that the total amount of hours was public record and something that the Committee should
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review as there was a dollar value attached to it. She would begin having the Payroll Clerk printout
that total for review at each meeting.
• The Mayor stated that he had nothing to report at this time. The Committee asked him if there were
any talks of adding an animal control position in the upcoming budget, as a member of the public had
asked. The Mayor stated that the budget process for Fiscal Year 2021 has not started yet, however
there has been talks of trying to add a half animal control, half parking control officer.
Announcements –
• The next Budget and Finance Meeting will be held on Monday December 23, 2019 at 5:30pm
• Richard Klose will be reviewing claims for the next meeting
Respectfully submitted,
Bethany Langve
Clerk/Treasurer
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the
listed workshop agenda items.
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Item Attachment Documents:
7. Reappointment of Mike Kirshenmann to the Police Commission for a 3-year term ending
12/31/2022.
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Item Attachment Documents:
8. Resolution No. R19-88: A Resolution Approving A Task Order Authorizing Kadrmas, Lee &
Jackson, Inc. For Services Relating To The City Of Laurel’s 2020 Pavement Maintenance
Project.
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R19-88 Approve Task Order for City of Laurel’s 2020 Pavement Maintenance Project: Kadrmas, Lee & Jackson, Inc.
RESOLUTION NO. R19-88
A RESOLUTION APPROVING A TASK ORDER AUTHORIZING KADRMAS, LEE &
JACKSON, INC. FOR SERVICES RELATING TO THE CITY OF LAUREL’S 2020 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; and
WHEREAS, the City of Laurel requires engineering services for the City of Laurel’s 2020 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 $82,000 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 December 23, 2019, by Council Member
______________________.
PASSED and APPROVED by the City Council of the City of Laurel this 23 rd day of December
2019.
APPROVED by the Mayor this 23rd day of December 2019.
CITY OF LAUREL
__________________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
APPROVED AS TO FORM:
________________________________
Sam Painter, Civil City Attorney
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DATE REVISION2020 PAVEMENT MAINTENANCE PLAN
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Oct 17, 2019 - 4:24pm - P:\City\MT\Laurel\1804-01970 PASER PMP\PASER Report\CAD\ConstDwgs\2020 Pavement Maintenan
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Item Attachment Documents:
9. Resolution No. R19-89: A Resolution Approving Amendment No. 2 To Task Order
Authorizing Kadrmas, Lee & Jackson, Inc. For Work Relating To The City’s East Downtown
Infrastructure Improvements Project
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R19-89 Approve Amendment No. 2 to Task Order: East Downtown Infrastructure Improvements KLJ
RESOLUTION NO. R19-89
A RESOLUTION APPROVING AMENDMENT NO. 2 TO TASK ORDER AUTHORIZING
KADRMAS, LEE & JACKSON, INC. FOR WORK RELATING TO THE CITY’S
EAST DOWNTOWN INFRASTRUCTURE IMPROVEMENTS PROJECT.
WHEREAS, the City of Laurel previously executed an Agreement for Professional Services with
Kadrmas, Lee & Jackson, Inc. (“KLJ”) on December 5, 2017, via City Council Resolution; and
WHEREAS, the City of Laurel previously approved an Amendment authorizing KLJ to provide
services for the East Downtown Infrastructure Improvements Project; and
WHEREAS, additional services are required as detailed in the attached Amendment No. 2 for the
Downtown Infrastructure Improvements which is incorporated herein by reference; and
WHEREAS, the services to be provided and cost for such services are fully described in the attached
document and City Staff is recommending approval of the attached Amendment No. 2 to Task Order: East
Downtown Infrastructure Improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, the
attached Amendment No. 2 to Task Order: East Downtown Infrastructure Improvements is hereby approved
and the Mayor is hereby authorized to execute the same on the City’s behalf.
Introduced at a regular meeting of the City Council on December 23, 2019, by Council Member
______________________.
PASSED and APPROVED by the City Council of the City of Laurel this 23 rd day of December
2019.
APPROVED by the Mayor this 23rd day of December 2019.
CITY OF LAUREL
__________________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer
APPROVED AS TO FORM:
________________________________
Sam Painter, Civil City Attorney
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December 9, 2019
Kurt Markegard
Public Works Director
City of Laurel
Via E-mail: kmarkegard@laurel.mt.gov
Re: East Downtown Infrastructure Improvements
Dear Kurt:
Enclosed is Amendment #2 to East Downtown Infrastructure Improvements Task Order for review and
approval. This Amendment adds KLJ’s services for bidding, construction administration, on-site resident
project representative, construction staking, geotechnical QA testing and project closeout for Phase II
construction. Phase I was previously approved but the Phase II areas were excluded. Phase II areas will
be bid and constructed with the Phase I Improvements. In addition, this amendment adds two
intersections to the scope of work.
As a reminder, the master services agreement that was executed on December5, 2017 applies to all task
orders, unless indicated otherwise in each specific task order. In this case, we reference Exhibit D in the
Amendment because the language in the Agreement is applicable to our scope of services. Please let
me know if you would like additional copies of the Agreement for reference.
Thank you for this opportunity.
Sincerely,
KLJ
Matthew S. Smith, P.E.
Project Manager
Enclosure(s): Amendment 1 to Task Order
Attachment 1 to Amendment 1
Project #: 1804-01309
cc: file
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Amendment to Task Order – East Downtown Infrastructure Improvements
City of Laurel, Montana
Page 1
This is EXHIBIT K, consisting of 3 pages, referred to in and part of
the Agreement between Owner and Engineer for Professional
Services – Task Order Edition dated December 5, 2017.
Amendment No. 2 To Task Order: East Downtown Infrastructure Improvements
1. Background Data:
A.Effective Date of Task Order:November 6, 2018
B.Owner:City of Laurel, Montana
C.Engineer:Kadrmas, Lee & Jackson, Inc. (dba “KLJ”)
D.Specific Project:East Downtown Infrastructure Improvements
2. Description of Modifications
A. The Scope of Services to be performed by Engineer in accordance with the Task Order and previous
amendments, if any, is modified as follows:
1. The scope of Bidding or Negotiating, Construction and Post-Construction Phase Services is
modified to include the Phase 2 project area, as defined by Amendment No. 1. The overall
project area will be bid and constructed as one combined project. Attachment 1 to Amendment
No. 2 depicts the two project areas as defined Amendment No. 1 to the original Task Order.
2. The overall project scope is modified to include realignment and improvements of the
intersections of Ohio Ave. and Alder Ave. with Main Street, as directed by the City, to provide
improved, ADA compliant pedestrian travel along the Main Street corridor. These proposed
improvements are depicted on Attachment 2 to Amendment No. 2.
3. The overall project scope is modified to include storm system extension and improvements
along Alder Ave., between the intersections of Main St. and First St. to collect and convey
uncaptured surface drainage to the existing storm main in Main St.
4. Addition of Services to include subcontracting of sub-surface explorations using pot-holing
methods to determine the depth of existing gas mains and services located within the project
area.
5. Addition of Services to prepare and submit project funding assistance application to Montana
Department of Commerce for Delivering Local Assistance (DLA) grant funds of $750,000.
6. The following breakdown is the basis for Engineer’s compensation to complete construction
services describe above. Additional Services required by Engineer in excess of the below
parameters will be provided in accordance with Part 2 of the original Task Order.
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Amendment to Task Order – East Downtown Infrastructure Improvements
City of Laurel, Montana
Page 2
i. 150 calendar day construction contract for Substantial Completion for RPR and Construction
Contract Administration
ii. 12 survey crew mobilizations
iii. 60 trips to Site for quality assurance testing
B. The responsibilities of Owner with respect to the Task Order are modified as follows:
1. Direct removal and/or relocation of private utility facilities, as deemed necessary, to allow
construction of the proposed Project improvements without delays to the Construction
Contract Time.
C. For the Additional Services or the modifications to services set forth above, Owner shall pay
Engineer the following additional or modified compensation:
Description of Service Amount Basis of
Compensation
1. Basic Services (Addition of Project Areas to Scope
– Ohio/Alder Ave. intersections and Alder Storm
Extension): Final Design Services (A1.04)
2. Basic Services (Phase 2 and addition of Project
Areas to Scope – Ohio/Alder Ave. intersections
and Alder Storm Extensions):
Bidding/Negotiating, Construction, and Post-
Construction Services (A1.05 – A1.07)
$15,250.00
$135,210.00
Lump Sum
Direct Labor
3. Additional Services: Montana Department of
Commerce DLA Grant Application
4. Additional Services: Subcontracted sub-surface
explorations via pot-holing
$4,968.00
$12,000
Direct Labor
Reimbursable
Expense
Estimate
TOTAL COMPENSATION – AMENDMENT NO. 2 $167,428.00
4. Additional Services (Part 2 of Exhibit A)(N/A)Direct Labor
D. The schedule for rendering services under this Task Order is modified as follows:
Engineer’s services and compensation included in this Amendment are based on the premise that
design and construction of the overall project area will be completed in 2020 without a winter
shutdown.
E. Other portions of the Task Order (including previous amendments, if any) are modified as follows:
92
Amendment to Task Order – East Downtown Infrastructure Improvements
City of Laurel, Montana
Page 3
1. Project area is modified to include intersection improvements described in Part 2.A.2. above as
depicted in the attached “Attachment 2 to Amendment No. 2.”
2. Anticipated RPR hours stated in Part A1.06.A.3 of Exhibit A to Amendment No. 1 are increased to
an estimated 1,080 hours to provide necessary construction observation through substantial
completion, not to exceed 150 calendar days for Contract Time to achieve.
93
Amendment to Task Order – East Downtown Infrastructure Improvements
City of Laurel, Montana
Page 4
3. Task Order Summary (Reference only)
A. Original Task Order amount: $ 77,000.00
B. Net change for prior amendments: $ 490,220.00
C. This Amendment amount: $ 167,428.00
D. Adjusted Task Order amount: $ 734,648.00
The foregoing Task Order Summary is for reference only and does not alter the terms of the Task Order,
including those set forth in Exhibit C of the Agreement.
Owner and Engineer hereby agree to modify the above-referenced Task Order as set forth in this Amendment. All
provisions of the Agreement and Task Order not modified by this or previous Amendments remain in effect. The
Effective Date of this Amendment is December 17, 2019
OWNER: City of Laurel, Montana ENGINEER: Kadrmas, Lee & Jackson, Inc.
By:By:
Printed
Name:
Printed
Name:
Title:Title:
Date
Signed:
Date
Signed:
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Dec 09, 2019 - 2:12pm - P:\City\MT\Laurel\1804-01309 East Downtown Infrastructure Improvements\CAD\ModelFiles\Exhibits\20190522_EOC_
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Main Street Attachment 1 to Amendment No. 2East Downtown Infrastructure ImprovementsCity of Laurel, MT 05/22/2019
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5
Item Attachment Documents:
10. Resolution No. R19-90: Resolution Authorizing The Mayor To Execute An Agreement With
Beartooth RC&D Economic Development District.
96
R19-90 Beartooth RC&D MOU 2020
RESOLUTION NO. R19-90
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH BEARTOOTH RC&D ECONOMIC DEVELOPMENT DISTRICT.
WHEREAS, the City of Laurel desires to retain the services of Beartooth RC&&D
Economic Development District for services relating to a regional economic development planning
program; and
WHEREAS, Beartooth RC&D Economic Development District provided such services for
the City of Laurel in the past and desires to continue the provision of such services for the City in
accordance with the terms and conditions of the attached Memorandum of Understanding,
including a membership contribution of $2,095.56; and
WHEREAS, the City of Laurel is satisfied with the services provided to date and desires a
continuation of its relationship with Beartooth RC&D Economic Development District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana,
That the Mayor is authorized to execute the attached Memorandum of Understanding with
Beartooth RC&D Economic Development District.
Introduced at a regular meeting of the City Council on December 23, 2019, by Council
Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 23rd day of
December 2019.
APPROVED by the Mayor this 23rd day of December 2019.
CITY OF LAUREL
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
97
2019 Laurel Projects
Revolving Loan Fund
o One new and two existing loan clients
Yellowstone Valley Food Hub
o Growth through Ag grant to fund marketing and possibly equipment for food hub launch
Yellowstone County Sports Facilities Feasibility Study
o LARC planning
Exploring options for infrastructure expansion at new interchange
o Researching Scope of Work and/or Job Description for Community Development staff
LURA
o Joint meetings with Big Sky EDA to assist City
Laurel Chamber of Commerce
o Attended SBDC class
o Pryor Mountain Wind Farm outreach
Exchange Club
o Assisted in raising $10,000 for Firefighters Memorial
o Healing Fields
Calculation of 2020 EDA dues:
Est Census
(as of
07/2018) Per Capita Base
Total Share
% share Per Capita Base Fee
Assessment % of County
County (Population x .19) Assessment
Big Horn
13,338 $2,534.22 $2,250.00
$4,784.22
Big Horn County 1/3 $844.74 $750.00
$1,594.74
City of Hardin 1/3 $844.74 $750.00 $1,594.74
Two Rivers
Authority 1/3 $844.74 $750.00
$1,594.74
Carbon
10,714 $2,035.66 $2,250.00
$4,285.66 $4,285.66
Stillwater
9,534 $1,811.46 $2,250.00
$4,061.46 $4,061.46
Sweet Grass 3,710 $704.90 $2,250.00
$2,954.90 $2,954.90
Yellowstone 160,137 $30,426.03 $4,500.00
$34,926.03
Big Sky EDA 34.00% $ 10,344.85 $1,530.00
$11,874.85
City of Billings 36.00% $ 10,953.37 $1,620.00
$12,573.37
City of Laurel 6.00% $ 1,825.56 $270.00
$2,095.56
Yellowstone County 24.00% $ 7,302.25 $1,080.00 $8,382.25
Total
$51,012.27 $51,012.27
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Economic Development Program
Beartooth RC&D (Resource Conservation and
Development) serves the cities, towns and counties
of Big Horn, Carbon, Stillwater, Sweet Grass and
Yellowstone as a state-designated Certified Regional
Development Corporation (CRDC) and as a
federally designated Economic Development
District (EDD). We work closely with local
economic development authorities and
organizations in order to leverage the best possible
options for communities, non-profits and private
businesses in the region.
Food and Ag Program
Beartooth is home to one of six Food & Ag
Development Centers located across the state. The
Centers help Montanans innovate and grow
businesses that produce and commercialize food,
agricultural and renewable energy products and
processes – creating wealth and jobs in our
communities and on our farms and ranches. The
centers support economic development by
ensuring that more of the state’s food, agricultural
and energy dollars circulate in Montana. The
program provides training, technical assistance,
and access to funding through grants and loans.
Revolving Loan Fund Program
The purpose of the Revolving Loan Fund is to
encourage and accelerate economic development
activities in the region. The role of the RFL is to
provide gap financing to businesses who would
find it difficult to meet conventional underwriting
standards. The RLF is not an alternative to private
lenders or equity capital as most loans are a
combination of all three. The RLF can provide
financing for business equipment or improvements,
land and buildings. Rates are competitive to bank
terms/rates.
Getting the Job Done
We work with you to develop projects and
move the regional economy forward. This
happens as a result of local engagement
and regional collaboration with knowledge of
and access to local, state and federal
programs designed to assist the people we
serve. We have a proven track record of
project development and strive to ensure
positive results.
We work in partnership with our regional
stakeholders to develop and
support projects in your area.
How can we help you in 2020 and beyond?
Plan review and implementation
CEDS project goals
Letters of Support
Project identification and
development
Partner for training opportunities
identified through industry requests
and trends
www.Beartooth.org
406-962-3914
Beartooth RC&D Staff:
Joel Bertolino, Executive Director
Food & Ag Center Director
jbertolino@beartooth.org
Jillann Knutson, Finance Director
jknutson@beartooth.org
Steve Simonson, Economic Development
Director
ssimonson@beartooth.org
99
A
MEMORANDUM OF UNDERSTANDING
Between
Yellowstone County Commissioners, Big Sky Economic Development Authority,
City of Billings, City of Laurel
And
Beartooth Resource Conservation & Development Area, Inc.
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this ____ day of
____________, 201__, by and between Beartooth Resource Conservation & Development
Area, Inc., whose principal business address is P.O. Box 180, Joliet, Montana 59041, hereinafter
referred to as “Beartooth RC&D” and Yellowstone County Commissioners (in cooperation with
the City of Billings, City of Laurel, and Big Sky EDA), and hereinafter referred to as “the
Entity”.
WHEREAS, The Beartooth RC&D has been formally recognized by the U.S. Department of
Commerce, Economic Development Administration (EDA) as a designated Economic
Development District (EDD), and as a District, the Beartooth RC&D has been awarded funding to
carry out its Comprehensive Economic Development Strategy (CEDS). This funding will provide
a staff person, administrative support and operating costs. This is a continual grant, renewable
based on successful program operation and availability of federal funds. Local match is required.
WHEREAS, Each entity participating in the District will designate a representative and an
alternate to the regional Beartooth RC&D Board. This individual will convey the needs and
economic development goals of the community to the Beartooth RC&D board meetings. Regular
board meetings will be held every two months to assess project status and evaluate regional
economic development needs.
NOW THEREFORE IT IS UNDERSTOOD AS FOLLOWS:
ARTICLE 1: SCOPE OF WORK:
Beartooth RC&D employs an Economic Development Director to assist in the completion of the
Comprehensive Economic Development Strategy for the five county region. The Director’s time
will be allocated consistent with the goals in the CEDS by the Beartooth RC&D board of directors.
The board is composed of one representative and an alternate from business partners, county and
local elected officials and local economic development partners from our five county region. Input
from this board is essential for meeting the needs of the communities in our region.
Priority will be assigned projects of regional scope or projects with strong local leadership. Grant
funding for this position is from EDA, therefore, emphasis will be on regional economic
development planning and projects which have a correlation to job creation, economic
diversification and increased tax base. Matching funds are from participating entities and
emphasis will be placed on their specified projects.
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Annual Evaluation:
The performance of the Economic Development District will be evaluated annually by local
entities participating on the regional Beartooth RC&D Board. Progress and/or accomplishments
on each program/project will be reported and evaluated to ensure resources are being utilized in the
most effective and efficient manner possible. Annual Comprehensive Economic Development
Strategy updates and an annual plan of work will be developed with input from the Beartooth
RC&D staff and board. Annual reports on projects and economic development activities will be
provided to the board and participating entities along with the renewal of the Memorandum of
Understanding.
ARTICLE 2: PERIOD OF PERFORMANCE:
The term of this Memorandum of Understanding shall be from the date it is signed through
December 31, 2020, unless extended by mutual agreement by both parties. Such extension must
be in writing, signed by authorized representatives of both parties, and made a part of the original
Memorandum of Understanding by modification reference. This Memorandum of Understanding
supersedes the prior Memorandum for participation in the Economic Development District.
ARTICLE 3: PAYMENT:
The Entity’s annual contribution will be $4,500.00 as a “Membership” fee plus a per capita
assessment of .19 cents per person. These funds will provide the necessary match to obtain the
$70,000.00 in federal funds. Entities who do not participate financially in the match requirement
will not receive services from the Economic Development Coordinator. The calculated fee for
Yellowstone County is $34,926.03. This figure is a total of the $4,500.00 county fee plus
$30,426.03 per capita formula using a population of 160,137 as per the 2018 Census data.
Yellowstone County’s full payment will be separated into a four-way payment system. Each entity
within the county will pay a percentage (%) similar to the previous year. Big Sky EDA- 34% or
$11,874.85, City of Billings- 36% or $12,573.37, City of Laurel- 6% or $2,095.56 and
Yellowstone County- 24% or $8,382.25.
Annually, the Beartooth RC&D/EDD staff will provide a comprehensive report of the past year’s
activity. A new Memorandum of Understanding will be prepared and a request for the following
year’s match submitted. Entities will be billed for match funds after January 1, 2020, for the
current year’s assessment.
Payment as provided in this section shall be full compensation for work performed, services
rendered and for all materials, supplies, equipment, and incidentals necessary to complete the
work.
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ARTICLE 4: EXAMINATION OF RC&D RECORDS:
The Entity or its representatives shall have the right to examine any books, records, or other
documents of the Beartooth RC&D, directly relating to costs when such costs are the basis of
compensation hereunder.
ARTICLE 5: OWNERSHIP AND USE OF DOCUMENTS:
Reproducible copies of all documents and other materials produced by the Beartooth RC&D in
connection with the services rendered under this memorandum of understanding shall be provided
to the Entity for the Entity's use whether the project for which they are made is executed or not.
The Beartooth RC&D shall be permitted to retain originals, including reproducible originals, of
drawings and specifications for information, reference and use in connection with Beartooth
RC&D endeavors.
ARTICLE 6: WARRANTY:
The Beartooth RC&D warrants that all services performed herein shall be performed using that
degree of skill and care ordinarily exercised in and consistent with generally accepted practices for
the nature of the services and shall conform to all requirements of this Memorandum of
Understanding.
ARTICLE 7: SAFETY:
The Beartooth RC&D agrees to fully comply with the Occupational Safety and Health Act of
1970, all regulations issued there under and all state laws and regulations enacted and adopted
pursuant thereto. The Beartooth RC&D shall take all necessary precautions in performing the
services hereunder to prevent injury to persons or damage to property.
ARTICLE 8: CONFIDENTIALITY AND CONFLICTS OF INTEREST:
The Beartooth RC&D agrees to hold in strict confidence any proprietary or other data, findings,
results, or recommendations deemed to be confidential by the Entity and obtained or developed by
the Beartooth RC&D in connection with the work under this memorandum of understanding. The
Beartooth RC&D warrants and agrees they do not and will not have any conflicts of interest
regarding the performance of services hereunder.
ARTICLE 9: APPLICABLE LAW:
This Memorandum of Understanding shall be governed in all respects by the laws of the State of
Montana. No changes, amendments or modifications of any of the terms and conditions hereof
shall be valid unless agreed to in writing. Venue of any proceeding arising hereunder shall be the
Twenty-second Judicial District.
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ARTICLE 10: COMPLIANCE WITH LAWS:
The Beartooth RC&D shall in performing the services contemplated by this Memorandum of
Understanding, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services to be rendered under this Memorandum of
Understanding.
ARTICLE 11: CHANGES:
The parties, by mutual agreement, may, at any time during the term of this Memorandum of
Understanding and without invalidating the Memorandum of Understanding, make changes within
the general scope of the Memorandum of Understanding. The Beartooth RC&D to perform such
changed services. The Entity's priority list for project work within their county can be changed at
any time. In such case, the District will be informed of this change at the Entity's earliest
convenience.
ARTICLE 12: TERMINATION:
This Memorandum of Understanding may be terminated in whole or in part, in writing, by either
party in the event of substantial failure by the other party to fulfill its obligations under this
Memorandum of Understanding through no fault of the terminating party, provided that no
termination may be effected unless the other party is given: (1) not less than ten (10) days written
notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an
opportunity for consultation with the terminating party prior to termination.
Upon such termination the Entity shall pay the Beartooth RC&D amounts due and unpaid for
services rendered as of the effective date of termination, and the Beartooth RC&D shall provide to
the Entity all materials, surveys, reports, data, and other information performed or prepared as of
such date.
ARTICLE 13: INDEMNIFICATION:
The Beartooth RC&D agrees to and does hereby indemnify and save the Entity, its officers,
officials and employees, harmless against and from:
1. Any and all claims and liabilities, including but not limited to costs, expenses, and
attorney fees arising from injury to, or death of, persons (including claims and liabilities for care or
loss of services in connection with any bodily injury or death) and including injuries, sickness,
disease, or death to Beartooth RC&D employees occasioned by a negligent act, omission, or
failure of the Beartooth RC&D;
2. Any and all claims and liabilities, including costs and expenses, for loss or
destruction of or damage to any property belonging to the Beartooth RC&D or the Entity caused
by a negligent act, omission, or failure of the Beartooth RC&D and;
3. Any fines, penalties, or other amounts assessed against the Entity by reason of the
Beartooth RC&D failure to comply with all health, safety, and environmental laws and regulations
applicable to the services; resulting directly or indirectly from, or occurring in the course of the
Beartooth RC&D performance of the services. However, this indemnity shall not extend to claims
103
and liabilities for (i) injury or death to persons or (ii) loss of or damage to property to the extent
that these claims and liabilities result directly from the Entity's negligence or willful misconduct.
ARTICLE 14: INSURANCE:
The Beartooth RC&D shall maintain and demonstrate the following types of insurance:
1. The Beartooth RC&D agrees that its employees and particularly the employees
designated to work on this memorandum of understanding are covered by applicable Worker’s
Compensation provisions. The Beartooth RC&D further agrees that if the Entity should legally
incur any costs whatsoever under the Worker’s Compensation laws by reason of the Beartooth
RC&D employees’ injury or death while engaged in the contract work, the Beartooth RC&D will
indemnify and hold harmless the Entity for such costs which the Entity may be legally be required
to pay to employees of the Beartooth RC&D.
2. Comprehensive general liability insurance for bodily injury, death, or loss of or
damage to property of third persons or other liability due to the negligent acts of the Beartooth
RC&D in the minimum amounts of $500,000 per occurrence and $1,000,000 aggregate for
personal injury; and $500,000 per occurrence/aggregate for property damage. Proof of coverage as
required by this section shall be delivered to the Entity within fifteen (15) days of execution of this
Agreement.
3. Professional liability errors and omissions insurance in a minimum amount of
$100,000.00.
ARTICLE 15: NONDISCRIMINATION:
The Beartooth RC&D will not discriminate against any employee or applicant for employment
relating to this project on the basis of race, color, religion, creed, political ideas, sex, age, marital
status, physical or mental handicap or national origin. All hiring associated with any project shall
be on the basis of merit and qualifications related to the requirements of the particular position
being filled.
ARITCLE 16: INDEPENDENT CONTRATOR:
The Beartooth RC&D and the Entity agree that the Beartooth RC&D is an independent
contractor with respect to the services provided pursuant to this Memorandum of Understanding.
Nothing in this Memorandum of Understanding shall be considered to create the relationship of
employer and employee between the parties hereto. Neither the Beartooth RC&D nor any
employee of the Beartooth RC&D shall be entitled to any benefits accorded Entity’s employees by
virtue of the services provided under this Memorandum of Understanding. The Entity shall not be
responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state Worker’s Compensation program, nor shall the Entity be deemed in any
way to assume the duties of an employer with respect to the Beartooth RC&D, or any employee of
the Beartooth RC&D.
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ARTICLE 17: ASSIGNMENT:
The Beartooth RC&D shall not sublet or assign any of the services covered by this Memorandum
of Understanding without the express written consent of the Entity.
ARTICLE 18: NON-WAIVER:
Waiver by the City of any provision of this memorandum of understanding or any time
limitation provided for in this memorandum of understanding shall not constitute a waiver of any
other provision.
ARTICLE 19: NOTICES:
Any Notice to be served hereunder may be served upon the parties personally or served by
certified mail, return receipt. Notice served by mail shall be deemed complete upon deposit of said
notice in any United States Post Office, postage prepaid, directed to the party to be served, at the
following addresses:
ENTITY: City of Laurel____ RC&D: Beartooth RC&D
P.O. Box 10______ P.O. Box 180____
Laurel, MT 59044 Joliet, MT 59041
ARTICLE 20: INTEGRATED AGREEMENT:
This Memorandum of Understanding together with attachments or addenda represents the entire
and integrated Agreement between the Entity and the Beartooth RC&D and supersedes all prior
negotiations, representations, or agreements, written or oral. This Memorandum of Understanding
may be amended only by written instrument signed by both the Entity and the Beartooth RC&D.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals to this
Memorandum of Understanding the day and year in this instrument first above written.
CITY OF LAUREL BEARTOOTH RC&D/EDD
____________________________________ ___________________________________
Tom Nelson Ryan VanBallegooyen
Mayor Chairman
ATTEST: ____________________________ Date: ________________________
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