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HomeMy WebLinkAboutCouncil Workshop Packet 02.16.2021 AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, FEBRUARY 16, 2021 6:30 PM ONLINE 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 recor d or considered by the City Council. General Items Executive Review 1. Resolution - A Resolution To Approve The Conditional Use Of Property For The Operation Of “Soda Station” A Beverage Kiosk On A Portion Of Property Located At 720 1st Avenue Within The City Of Laurel. (PH 2.23.2021) 2. Resolution - A Resolution Of The City Council Selecting RDO Equipment As The Successful Bidder For The City’s Purchase Of A Backhoe. 3. Resolution - A Resolution Of The City Council Approving A Task Order Between The City Of Laurel And KLJ Engineering Inc. To Authorize Service For The 2021 Pavement Maintenance Project. 4. Resolution - A Resolution Of The City Council Approving A Task Order For KLJ Engineering Inc. To Authorize Them To Prepare An Updated Water System Preliminary Engineering Report (PER) For The City Of Laurel. 5. Resolution - A Resolution Of The City Council Creating Fees And Charges For Riverside Hall To Be Incorporated Into The City Of Laurel’s Schedule Of Fees And Charges. Council Issues 6. Electronic Recycling Discussion. Other Items Review of Draft Council Agendas 7. Review Draft Council Agenda for February 23, 2021 Attendance at Upcoming Council Meeting Announcements The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 1 File Attachments for Item: 1. Resolution - A Resolution To Approve The Conditional Use Of Property For The Operation Of “Soda Station” A Beverage Kiosk On A Portion Of Property Located At 720 1st Avenue Within The City Of Laurel. (PH 2.23.2021) 2 R21-____Soda Station Conditional Use Permit RESOLUTION NO. R21-___ A RESOLUTION TO APPROVE THE CONDITIONAL USE OF PROPERTY FOR THE OPERATION OF “SODA STATION” A BEVERAGE KIOSK ON A PORTION OF PROPERTY LOCATED AT 720 1ST AVENUE WITHIN THE CITY OF LAUREL. WHEREAS, the application has been made to the City of Laurel to approve the applicant’s request for approval of a conditional use, operation of a non-alcohol beverage sale kiosk, to be constructed and placed on a parcel of property located at 720 1st Avenue, within the City of Laurel; and WHEREAS, applicant Ann Pugmire filed the application with the City on behalf of her business Soda Station, and the application was reviewed by Staff and the City County Planning Board, sitting as the City’s Zoning Commission; and WHEREAS, a public hearing was held by the Zoning Commission and no opposition to the application was received; and WHEREAS, the Zoning Commission recommends the City Council’s approval of the Conditional Use Application subject to the conditions contained in the Staff Report which is attached hereto and incorporated herein; WHEREAS, the City Council held a public hearing on _____________ and received public comment and input regarding the application. NOW THEREFORE the City Council of Laurel hereby adopts the recommendation of the Zoning Commission and hereby approves the conditional use for the portion of the parcel of property located at 720 1st Avenue as described in the Staff Report which is adopted and incorporated as part of this resolution; and BE IT FURTHER RESOLVED, that such approval is subject City Ordinances, Rules and applicable Regulations and the specific conditions contained in the Staff Report attached hereto and incorporated herein. Introduced at a regular meeting of the City Council on ________________, 2021, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this ___ day of ________________, 2021. APPROVED by the Mayor this ____ day of __________ 2021. 3 R21-____Soda Station Conditional Use Permit CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 4 1 LAUREL CITY-COUNTY PLANNING DEPARTMENT STAFF REPORT TO: Laurel City-County Planning Board / Zoning Commission FROM: Nicholas Altonaga, Planning Director RE: Conditional Use Permit – Soda Station – 714 1st Ave DATE: February 10, 2021 LOCATION: DESCRIPTION OF REQUEST A Conditional Land Use application was submitted by Ann Pugmire on behalf of Soda Station to construct and operate a beverage kiosk on the rear portion of the property at 714 1st Avenue. An approval of a conditional land use is required to build and operate a beverage kiosk because this use is not described or defined within the zoning district it resides in. Owner: FIRST AVENUE CENTER LLC Legal Description: RICCI MINOR SUB, S09, T02 S, R24 E, Lot 2, (13) Address: 714 N. 1st Avenue Parcel Size: 45,000 sqft. Existing Land Use: Dominos Pizza, rear of parcel is vacant. Proposed Land Use: Non-Alcoholic Beverage Stand/Kiosk (Soda and Pop) Existing Zoning: Community Commercial (CC), Community Entryway Zoning District (CEZD) //LOCATION: BACKGROUND AND PROCEDURAL HISTORY • Planning Director spoke with the applicant in November of 2020 to discuss the requirements of the application and the process. • An application was provided to the Planning Department on November 13, 2020 • The Applicant provided additional information to the Planning Department on December 6, 2020. • A public hearing for the Conditional Land Use took place on December 16, 2020 Planning Board meeting. • The Planning Board tabled the Conditional Land Use discussion until the January meeting to allow the applicant to be present and provide additional details. • The Planning Board discussed the matter on January 20. 2021 with the applicant present. 5 2 • Planning Board voted to recommend approval of the Conditional Land Use with conditions. • A public hearing for the Conditional Land Use is scheduled for the City Council Meeting on February 23, 2021. • The public hearing requirements of 1762.030 have been met. STAFF FINDINGS: The applicant is requesting approval of a conditional land use to construct and operate a beverage kiosk on the rear portion of 714 N. 1st Ave in Laurel. This use is not specifically delineated or defined within Chapter 17 of the Laurel Municipal Code. As such, a Conditional Land Use application is required. The following findings have been noted by the Planning Department after reviewing the Conditional Land Use application and supplementary documents. • The location of the proposed beverage kiosk is zoned as Community Commercial (CC) • The Purpose of Community Commercial zoning is primarily to “accommodate community retail, service and office facilities offering a greater variety than would normally be found in a neighborhood or convenience retail development.” • The Applicant has contacted the neighboring property owner to discuss driveway access for site traffic flow. • The Applicant has received approval for two parking spaces, with more allocated if necessary. • The applicant has provided a concept site plan and photos of the proposed kiosk. • The concept plan and proposed stand pictures do not appear as if they will negatively impact the surrounding neighborhood by changing community character, lighting, or noise. • The only mention of kiosks in the Laurel Municipal Zoning Code is within the Off-Street Parking Code. PLANNING BOARD AND GOVERNING BODY REVIEW CRITERIA: “17.62.020 – Requirements” contains the review criteria for the Zoning Commission to discuss and recommend actions on conditional land uses. The text of this subchapter is included below. No structure or land use may be used for any purpose other than those allowed within a zoning district as specified in the zoning ordinance unless either a variance has been granted (under Chapter 17.60 or 17.64 of this code) or a conditional land use permit therefor has been provided. The zoning commission may recommend and the city can require any information that will allow the decision makers to comprehensively evaluate and decide on applications for conditional uses brought before them. The zoning commission may recommend and the city can require, after consideration of the application for conditional use, those conditions under which such land use may be allowed to include but not be necessarily limited to the following: 6 3 A. Adequate ingress and egress with concern for vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access as reviewed and approved by the city public works director; B. Adequate off-street parking and loading with attention to vehicular and pedestrian safety and traffic flow; C. Conditions that control, specify, or plan for the generation of odors, noise, hours of operation, signage, or impact on the neighborhood of natural systems; D. Adequate landscaping, screening, mitigation of impact on adjacent property and buffering; and E. Compatibility with adjacent and neighborhood land uses and Laurel's GMP. STAFF SUGGESTED CONDITIONS: The Planning Director recommends the approval of the Conditional Land Use application to operate a non-alcoholic beverage kiosk on 714 N. 1st Ave. The Planning Director suggests the Planning Board/Zoning Commission and City Council consider adopting the following conditions of approval. 1. No land uses shall be established on site that are not specifically included in this approval. 2. Any land use not specifically included in this approval shall be considered a violation of the City of Laurel zoning ordinance. 3. New construction regarding the approved conditional use shall apply for building permits when applicable. 4. The approved land use shall comply with the zoning requirements of the district or districts the property falls within. 5. The approved land use shall comply to the City of Laurel Sign Code 6. The approved land use shall comply with the City of Laurel off-street parking requirements. 7. The Applicant shall apply for all necessary permits and licenses prior to operating the beverage stand. 8. The kiosk/stand will be constructed in the interior of the lot. 9. The applicant must begin construction on the future permanent structure within 12 months of the Conditional Land Use approval. 10. The applicant shall establish a bathroom agreement for kiosk employees with a nearby business. 11. The kiosk will be served by City Water and Sewer services. ATTACHMENTS: 1. Conditional Land Use Application 2. Map of 714 N. 1st Ave with 150ft buffer 3. List of property Owners within 150ft of 714 N. 1st Ave 4. Minutes from January 17, 2021 Planning Board meeting. 5. Public Hearing Notice – December 16, 2021 Planning Board 6. Public Hearing Notice – February 23, 2021 City Council 7. Soda Station Kiosk Concept Site Plan & Images 8. LMC 17.20 – Commercial – Industrial use Regulations 9. LMC 17.26 – Community Entryway Zoning District 10. LMC 17.62 – Conditional Land Uses 11. Additional Comments/Information provided by the Applicant. 7 8 Soda Station Kiosk – Overhead Map with 150ft Buffer 9 10 Soda Station – List of Property Owners within 150ft of 714 N. 1st Ave Owner Name Tax Code Legal Description Address CITY OF LAUREL B00542A S09, T02 S, R24 E, PARK IN NE4 E 8TH ST SCHOOL DISTRICT #7 B01652 MORRIS SUBD 1ST FILING, S09, T02 S, R24 E, BLOCK 7, Lot 12 - 22, & LTS 11-20 BL* 203-208-210-300 E MARYLAND LN FLOHR, CHAD & B00289 FIRST AVE SUBD, S09, T02 S, R24 E, BLOCK 7, Lot 2, & N37.5 FT LT 1 702 2ND AVE SCHREINER, ALICE E & B00290 FIRST AVE SUBD, S09, T02 S, R24 E, BLOCK 7, Lot 3 - 4 706 2ND AVE WRIGG, HELEN A & CARLIN K B00291 FIRST AVE SUBD, S09, T02 S, R24 E, BLOCK 7, Lot 5 - 6 712 2ND AVE KING, ROBERT J & BERNICE B00292 FIRST AVE SUBD, S09, T02 S, R24 E, BLOCK 7, Lot 7 - 8 714 2ND AVE REIBER, DOUGLAS B00293 FIRST AVE SUBD, S09, T02 S, R24 E, BLOCK 7, Lot 9 - 10 720 2ND AVE LAUREL OPPORTUNITIES LLC B01678 RICCI MINOR SUB, S09, T02 S, R24 E, Lot 1, (13) 704 1ST AVE FIRST AVENUE CENTER LLC B01678A RICCI MINOR SUB, S09, T02 S, R24 E, Lot 2, (13) 714 1ST AVE WILLIS, DONNA M B00280 FIRST AVE SUBD, S09, T02 S, R24 E, BLOCK 6, Lot 1 - 2 802 2ND AVE ZIMMERMAN, JOE JR & ALETTA B00208 FIRST AVE SUBD, S09, T02 S, R24 E, BLOCK 1, Lot 1 - 2 802 1ST AVE SIEGEL, NANCY J B00209 FIRST AVE SUBD, S09, T02 S, R24 E, BLOCK 1, Lot 3 - 4 806 1ST AVE LAVELY, STEVEN R B00216 FIRST AVE SUBD, S09, T02 S, R24 E, BLOCK 1, Lot 17 - 18 805 2ND AVE BARRETT, JASON H & PAMELA LEE B00217 FIRST AVE SUBD, S09, T02 S, R24 E, BLOCK 1, Lot 19 - 20 801 2ND AVE 11 MINUTES CITY OF LAUREL CITY/COUNTY PLANNING BOARD WEDNESDAY, JANUARY 20, 2021 5:35 PM CITY COUNCIL CHAMBERS 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. 1. Roll Call The Chair called the meeting to order at 5:36pm Jon Klasna Evan Bruce Roger Giese Dan Koch Judy Goldsby Ron Benner (Arrived at 5:37pm) Nick Altonaga (City of Laurel) General Items 2. Approve Meeting Minutes: December 16, 2020 Dan Motioned to Approve the meeting minutes from the December 16 2020 meeting as presented Evan seconded. Motion Carried. New Business Old Business 3. Conditional Land Use: Soda Station Kiosk Nick provided a summary of the previous planning board meeting and public hearing. The Applicant Annie Larson and associates were present (Cassie, Ed (owner of the property), and Randy (business owner, landlord for current location)). Ron had concerns about the driveway and traffic direction. Suggested moving the stand to the interior of the lot • The future plan is to build another full structure on the back of the lot, with a drive through off of 2nd Avenue. The Soda Station operation will then be located within the building. Ron remembered a previous discussion at City Council about ingress/egress and the issues it poses. • The plan with the second building is to have a parking lot to the west of the building, which will have the cars stacked for the drive-thru within the parking lot. 12 Roger: There is a lot of traffic at various times through that area. Is the kiosk moveable? • The building will be tied to city services but is a temporary structure. Plan to have a water and sewer line to the future building. Where is the current location? • Off of Shiloh, with another location planned in the Heights. • It will be a new building. Plan to trench over to the kiosk, as if building 2 was already there. Will the building have bathrooms? • No, we have agreements with nearby businesses to utilize restrooms for employees at this time. Judy: Status of garbage collection? • The dumpster for the lot is behind the Chiropractor office/Dominos. Discussion of timeline of getting the second building constructed. • 6-12 months • Will place an extra bin behind Town Pump to utilize. Discussion of utilities • There is one utility meter for the whole small complex. The tenants and owner pay the bill through that. Ron discussed his worry about temporary businesses and kiosks that don’t have to pay full taxes like other major brick and mortar operations. • Cassie: The flip side of not paying full taxes/fees for full brick and mortar is a limited scope of operations. • Plan to create up to 12 jobs within the community. • Have gotten good feedback from Laurel high school students who like working at thee existing Billings kiosk and are excited to work locally. Judy: would the 2nd building be a full drive through and walk-in service? • The structure would be mostly geared towards drive-thru but would have limited walk-in service. Members discussed the different issues at hand and certain added conditions of approval. Nick restated the conditions of approval: • Moving the structure to the interior of the lot • Must begin construction of future permanent structure within 12 months of Conditional Land Use approval. • Establish a bathroom agreement with nearby business. • Hook-up to city services (Water and Sewer) Ron Motioned to approve the conditional land use application for the Soda Station beverage kiosk with the conditions included in the staff report as well as those additional conditions established by Planning Board. Dan Seconded. Motion Carried. 13 Other Items 4. Uniquities Sign Review Planning Board members reviewed the sign design and Laurel zoning code. Ron Motioned to approve the Uniquities Sign as designed. Jon Seconded. Motion Carried. 5. Upcoming Projects Discussion of Cherry Hills 3rd Filing. Discussion of the status of Goldberg Sporting Estates. Follow up with Dan Wells for Regal Community Park? • Nick will be following up on the multiple issues that Planning Board and City Council have noted. SE 4th Variance upcoming at February or March meetings. Iron Horse Station 2nd Phase discussion. Should be finalized soon. Nick will also be following up on the affordable housing project off 8th Ave. Announcements 6. Adjourn The Chair adjourned the meeting at 6:35pm. 7. Next Meeting: February 17, 2021 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 14 PUBLIC HEARING NOTICE The Laurel City-County Planning Board and Zoning Commission will conduct a public hearing on a conditional land use application submitted by Annie Pugmire on behalf of Soda Station to operate a soda stand at 720 1st Avenue. This property is zoned Community Commercial (CC) and is within the Community Entryway Zoning district (CEZD). The Zoning Commission hearing is scheduled for 5:35PM on Wednesday, December 16, 2020 Via Zoom Meeting. The meeting log-in details will be available on the meeting agenda. Additionally, the City Council has scheduled a public hearing and consideration of approval for the conditional use that is scheduled for 6:30 P.M. on Tuesday, January 12, 2021 Via Zoom Meeting. A Conditional Land Use Application is required to operate a soda stand at 720 1st Avenue because that type of use and structure is not described in Chapter 17.20 – Commercial – Industrial Use Regulations. The conditional land use permitting process is intended to provide a detailed and comprehensive review of the proposed use and ensure that the interest of the public, the community, and surrounding neighborhood are protected. Conditional uses that are granted by the city are site specific and run with the land. Land use changes not specifically included in the approval of the conditional use are a violation of the city zoning ordinance. Public comment is encouraged and can be provided at the public hearings on December 16th and January 12th. Public comment can also be made via email to the Planning Director, or via letter to the Planning Department office at 115 West 1st Street Laurel, MT 59044. A copy of the conditional use application and supporting documentation is available for review upon request at the Planning Department office. Questions regarding this public hearing may be directed to the Planning Director at 628-4796 ext. 5, or via email at cityplanner@laurel.mt.gov. 15 PUBLIC HEARING NOTICE The Laurel City Council will conduct a public hearing on a conditional land use application submitted by Anne Pugmire on behalf of Soda Station to operate a soda stand at 720 1st Avenue. This property is zoned Community Commercial (CC) and is within the Community Entryway Zoning district (CEZD). The City Council has scheduled a public hearing and consideration of approval for the conditional use for 6:30 P.M. on Tuesday, February 23rd, 2021 Via Zoom Meeting. The meeting log-in details will be available on the meeting agenda. A Conditional Land Use Application is required to operate a soda stand at 720 1st Avenue because that type of use and structure is not described in Chapter 17.20 – Commercial – Industrial Use Regulations. The conditional land use permitting process is intended to provide a detailed and comprehensive review of the proposed use and ensure that the interest of the public, the community, and surrounding neighborhood are protected. Conditional uses that are granted by the city are site specific and run with the land. Land use changes not specifically included in the approval of the conditional use are a violation of the city zoning ordinance. Public comment is encouraged and can be provided at the public hearing on February 23rd. Public comment can also be made via email to the Planning Director, or via letter to the Planning Department office at 115 West 1st Street Laurel, MT 59044. A copy of the conditional use application and supporting documentation is available for review upon request at the Planning Department office. Questions regarding this public hearing may be directed to the Planning Director at 628-4796 ext. 5, or via email at cityplanner@laurel.mt.gov. 16 17 18 17.20.010 - List of uses. Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use regulations. AG RP NC CBD CC HC LI HI P Accessory buildings or uses incidental and customary to a permitted residential use and located on the same parcel as the permitted residential use A A A A A A A A A Airports A A Alcoholic beverages manufacturing and bottling (except below): A A 1,500 to 5,000 31-gallon barrels per year SR SR SR A A Less than 1,500 gallon barrels per year A A A A A Ambulance service A A A A A A Antique store A A A A Appliance - (household) sales and service A A A A A Assembly halls and stadium SR SR SR SR Assembly of machines and appliances from previously prepared parts SR SR SR SR Auction house, excluding livestock SR SR A A A Auction, livestock SR Automobile sales (new and used) A A A A Automobile - commercial parking enterprise A A A A A Automobile and truck repair garage A A A A A Automobile service station A A A A A A Automobile wrecking yard SR Bakery products manufacturing SR A A A Bakery shops and confectioneries A A A A A Banks, savings and loan, commercial credit unions A A A A A Barber and beauty shops A A A A A Bed and breakfast inns A A A A Bicycle sales and repair A A A A A Blueprinting and photostating A A A A A Boarding and lodging houses A A A A Boat building and repair A A A Boat sales new and used A A A A Boiler works (manufacturing servicing) A Boiler works (repair and servicing) A A Book and stationery store A A A A A Bottling works A A Bowling alleys A A A A Brick, tile or terra cotta manufacture A Bus passenger terminal buildings local and cross country A A A A Bus repair and storage terminals A A A Camera supply stores A A A A A Camps, public SR A A Car washing and waxing A A A Car wash - coin operated A A A A A Cement, lime and plastic manufacture A Ceramics shop SR A A A A A Chemical and allied products manufacture A Child care facilities A A A A Churches and other places of worship including parish houses and Sunday school building A SR A A A A A A Clinic, animal A A A A A A Clinics, medical and dental SR A A A A A Clothing and apparel stores A A A A A Coal or coke yard A Cold storage A A A Colleges or universities A A A A A Commercial recreation areas SR A A A 19 17.20.010 - List of uses. Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use regulations. AG RP NC CBD CC HC LI HI P Commercial food products, storage and packaging SR A A Communication towers (commercial) A A A A A A A A SR Concrete mixing plants and manufacturing of concrete products A A Construction contractors: Office A A A A A A Open storage of construction materials or equipment SR A A Community residential facilities: Adult foster family care home A A A A Community group home A A A A Halfway house A A A A Youth foster home A A A A Youth group home A A A A Nursing, homes, convalescent homes, orphanages, and charitable institutions A A A A Crematorium SR A A SR Creameries, dairy products manufacturing A A Creosote manufacturing or treatment plants A Department stores A A A A Drug stores A A A A A Dry kiln A Dwellings: single-family Manufactured home A A A A A Class A, Class B, Class C two family A A A multiple family A A A row housing SR SR SR Eating and drinking establishments: Cocktail lounge, restaurants, bars and taverns SR SR SR SR Restaurants (without the sale of alcoholic beverages) A A A A Drive-in restaurants SR SR SR Extractive industries - excavations of sand and gravel SR SR Farm implements, sales and service A A A Fat rendering or production of fats and oils SR Feedlots – livestock A SR Feed and seed processing and cleaning for retail purposes Feed and seed - farm and garden retail sales A A A Fertilizer manufacturing SR Fertilizer wholesale sales SR SR A Fertilizer - retail sales A A A Florist, wholesale sales SR A A A Florist, retail sales A A A A A Flour mills SR SR Food products manufacturing, storage and processing SR SR A Food stores (retail only) A A A A Food stores (retail only) - 3000 sq. ft. A A A A A Foundry A Frozen food lockers A A A Fuel oil, gasoline and petroleum products bulk storage or sale A A A Furnace repair and cleaning A A A A Furniture and home furnishings, retail sales A A A A A Furriers, retail sales and storage A A A A A Gambling establishments A A A A Garbage, offal and animal reduction or processing SR Garbage and waste incineration SR Gas storage SR 20 17.20.010 - List of uses. Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use regulations. AG RP NC CBD CC HC LI HI P Gases or liquified petroleum gases in approved portable metal containers for storage or sale A A A Grain elevators A SR SR A Greenhouses A A A A A Hardware, appliance and electrical supplies, retail sales A A A A Hatcheries A SR SR Heliports SR SR SR SR SR Hobby and toy stores A A A A A Hospitals (for the care of human patients) A A A A A Hospital, animal A SR SR A A A Hotels A A A Industrial chemical manufacture except highly corrosive, flammable or toxic materials SR Irrigation equipment sales and service A A A A Jails and penal institutes A Janitor service A A A A Jewelry and watch sales A A A A A Kennels – commercial A SR A A Laboratories for research and testing SR A A Landfills - reclamation or sanitary A Laundries, steam and dry-cleaning plants A A Laundries, steam pressing, dry-cleaning and dyeing establishments in conjunction with a retail service counter under 2500 sq. ft. in size A A A A A Laundries, pick up stations A A A A A Laundries, self-service coin operated A A A A A Libraries, museums, and art galleries A A A A A A Lock and gunsmiths A A A A A Lodges, clubs, fraternal and social organizations provided that any such club establishment shall not be conducted primarily for gain A A A Lumber yards, building materials, storage and sales A A A Machine shops SR A A Manufacturing - light manufacturing not otherwise mentioned in which no excessive fumes, odors, smoke, noise or dust is created SR A A Heavy manufacturing not otherwise mentioned or blending or mixing plants SR SR Meat processing - excluding slaughter plants SR A Meat processing, packing and slaughter SR Medical marijuana cultivation facility or cultivation facility A A Medical marijuana dispensary or dispensary A Metal fabrication SR SR A Motorcycle sales and repair A A A A Mortuary A A A A A Motels and motor courts A A A Music stores A A A A A Office building, professional government and private office buildings in which no activity is carried on catering to retail trade and no stock of goods is maintained for sale SR SR A A A A A A SR Office equipment, supplies and service A A A A A Optician and optical supplies and sales A A A A A Oxygen manufacturing and/or storage A Paint and body shops A A A A A Paint and retail sales A A A A A Parking, public SR A A A A A A A 21 17.20.010 - List of uses. Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use regulations. AG RP NC CBD CC HC LI HI P Parks, playgrounds, playfields and golf courses, community center buildings - operated by public agency, neighborhood or homeowner's association A SR A Pawn shops A A A A Pet shops A A A A A Photographic studios SR A A A A A Planing or saw mills A Post-secondary school A A A A A A A Prefabricated building materials assembly and manufactures SR A A Preschool A SR SR SR Printing, publishing, reproduction and lithography A A A A A Processing of previously slaughtered meats, including cutting, wrapping, and freezing by freezer and locker provisioners A A A A Public utilities service installations SR SR SR A A A A A SR Public utilities storage yard A A A SR Radio and TV broadcasting stations A A A A A Radio and TV tower A A A SR Railroad yard A A Real estate office A A A A A Rental service store and yard A A A Repair and servicing of industrial equipment and machinery A A A School, commercial A A A A A Scrap yards - storage and processing A Secondhand stores and/or antique store A A A A Sheet metal shops and processing A A Shoe repair A A A A A Sign manufacturing, painting and maintenance A A A Sign Billboards SR SR SR SR On premises A SR A A A A A A Off premises SR SR SR SR SR SR Slaughterhouse SR SR Sporting goods sales A A A A Storage, compartmentalized storage for commercial rent SR SR Storage and warehouse and yards SR A Stone cutting, monuments manufacturing and sales SR A Sugar and sugar beet refining SR Swimming pools or beaches, public A Taxi stands A A A A Theaters, cinema, opera houses A A A Drive-in theaters SR Tire recapping and retreading A A A Trailer and recreational vehicle sales area A A A Travel trailer park (transient) SR Truck terminals, repair shops, hauling and storage yards A A A Water and sewage treatment plant A A Wholesale and jobbing establishments SR A A Woodworking shops, millwork SR A A Zoo, arboretum SR A (Ord. No. O09-01, 3-17-09; Ord. No. O09-07, 7-7-09; Ord. No. O11-01, 2-15-2011; Ord. No. O-14-03, 8-5-2014) 22 17.16.010 - List of uses. Table 17.16.010 designates the special review (SR) and allowed uses (A) in residential districts. Table 17.16.010   RE  22,000  R  7,500  R  6,000  RLMF RMF RMH PUD SR RT Accessory building or use incidental to any permitted  residential use customarily in connection with the principal  building and located on the same land parcel as the  permitted use  A A A A A A A A Animals (see zoning district description for specifics)  A Automobile parking in connection with a permitted  residential use  A A A A A A A A Bed and breakfast inn SR SR SR SR SR SR SR SR Boarding and lodging houses SR SR SR SR SR SR SR SR Cell towers (see Sections 17.21.020—17.21.040)     Cemetery SR SR SR SR SR SR SR Child care facilities    Family day care home A A A A A A A A Group day care home A A A A A A A A Day care center SR SR SR SR SR SR SR SR Churches and other places of worship including parish  house and Sunday school buildings  SR SR SR SR SR SR A SR Communication towers (see Sections 17.21.020— 17.21.040)     Community residential facilities serving eight or fewer  persons  A A A A A A A A Community residential facilities serving nine or more  persons  SR SR SR SR SR SR SR SR Orphanages and charitable institutions SR SR SR SR SR SR A SR Convents and rectories SR SR SR SR SR SR A SR Crop and tree farming, greenhouses and truck gardening    Day care facilities SR SR SR SR SR SR SR SR Kennels (noncommercial) A A A A A A A A Dwellings Single‐family A A A A A A A A Two‐family A A A  A Multifamily A A  A Manufactured homes    Class A  A  Class B  A  Class C  A  Row Housing SR SR  A Family day care homes A A A A A A A A Greenhouses for domestic uses A A A A A A A A Group day care homes A A A A A A A A Home occupations A A A A A A A A Parking, Public SR SR SR SR SR SR SR SR Parks, playgrounds, playfields, and golf courses community  center buildings—operated by public agency,  neighborhood or homeowners' associations  A A A A A A A A Planned developments    A Post‐secondary school A A A A A A A A Preschool SR SR SR SR SR SR SR SR Public service installations SR SR SR SR SR SR SR SR Schools, commercial SR SR SR SR SR SR SR SR Schools, public elementary, junior and senior high schools A A A A A A A A Towers (see Sections 17.21.020—17.21.040)     23 Chapter 17.62 - CONDITIONAL LAND USES 17.62.010 - Purpose. The purpose of conditional land uses is to provide for specific uses, other than those already allowed in each zoning district, which may be compatible uses in the district under certain safeguards or conditions. The conditional land use permitting process is intended to provide a detailed and comprehensive review of such proposed, compatible developments and to insure the interest of the public, the community, and the larger neighborhood area are protected. Conditional uses, once granted by the city, are sight specific and run with the land. Land use changes not specifically included in the approval of a conditional use are a violation of the city zoning ordinance. (Ord. 03-4 (part), 2003) 17.62.020 - Requirements. No structure or land use may be used for any purpose other than those allowed within a zoning district as specified in the zoning ordinance unless either a variance has been granted (under Chapter 17.60 or 17.64 of this code) or a conditional land use permit therefor has been provided. The zoning commission may recommend and the city can require any information that will allow the decision makers to comprehensively evaluate and decide on applications for conditional uses brought before them. The zoning commission may recommend and the city can require, after consideration of the application for conditional use, those conditions under which such land use may be allowed to include but not be necessarily limited to the following: A. Adequate ingress and egress with concern for vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access as reviewed and approved by the city public works director; B. Adequate off-street parking and loading with attention to vehicular and pedestrian safety and traffic flow; C. Conditions that control, specify, or plan for the generation of odors, noise, hours of operation, signage, or impact on the neighborhood of natural systems; D. Adequate landscaping, screening, mitigation of impact on adjacent property and buffering; and E. Compatibility with adjacent and neighborhood land uses and Laurel's GMP. (Ord. 03-4 (part), 2003) 17.62.030 - Application process. Twelve copies of the conditional use application form and required review fee shall be submitted to the planning board secretary thirty working days prior to the regularly scheduled zoning commission/planning board meeting at which the application will be considered. The planning board secretary shall note the time of receipt, keep one copy, send one copy to the city planner, and forward the remainder to the members of the zoning commission. A. The zoning commission shall publish notice of public hearing in the local newspaper at least fifteen days prior to the zoning commission meeting at which the application will be considered; adjacent property owners of record within one hundred fifty feet of the application property shall also be notified by mail by the zoning commission. The applicant or 24 the authorized agent must attend the public hearings before both the zoning commission and the city council. B. The conditional use application shall include twelve copies of: 1. Conditional use application form; 2. Legal description of the property; 3. Address or general location of property; 4. Existing zoning; 5. Specific land use being requested; 6. Reason for request; 7. Scaled drawings of the subject property, proposed use, existing buildings and improvements, adjacent land use, fences, etc.; 8. Other information as may be needed by the zoning commission; 9. Name, address and telephone number of owner of record; 10. Name, address and telephone number of agent of owner of record; 11. List of current property owners adjacent to and within one hundred fifty feet of the parcel for which a conditional use permit is sought; 12. Review fee. C. After the public hearing for the conditional use, the zoning commission shall delay its recommendation to city council no longer than thirty working days. The city council shall publish notice of and conduct a second public hearing before the council, consider the recommendation of the zoning commission and make its decision. (Ord. 03-4 (part), 2003) 25 File Attachments for Item: 2. Resolution - A Resolution Of The City Council Selecting RDO Equipment As The Successful Bidder For The City’s Purchase Of A Backhoe. 26 R21-__ Award Bid for Purchase of Backhoe. RESOLUTION NO. R21-__ A RESOLUTION OF THE CITY COUNCIL SELECTING RDO EQUIPMENT AS THE SUCCESSFUL BIDDER FOR THE CITY’S PURCHASE OF A BACKHOE. WHEREAS, the City of Laurel planned to purchase new equipment, specifically a backhoe, which was publicly advertised for competitive bids from interested and qualified bidders; and WHEREAS, City Staff reviewed and considered the bids received and recommends the City Council award the bid to the qualified and responsive bid that appears to be in the City’s best interest; and WHEREAS, RDO Equipment submitted a bid of $165,500.00 for a backhoe that meets the City’s specifications. City Staff determined the bid is in the best interest of the City. The Bid documents are attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Laurel, Montana, finds that the City has followed its procurement policies and state law requiring competitive bidding; and BE IT FUTHER RESOLVED the City Council hereby awards the bid to RDO Equipment for its bid price of $165,500.00. The Mayor and City Clerk are authorized to sign all necessary documents, agreements or contracts on the City’s behalf consistent with this resolution for the equipment purchase. Introduced at a regular meeting of the City Council on February 23, 2021, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this 23rd day of February 2021 APPROVED by the Mayor this 23rd day of February 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 27 2 8 2 9 3 0 3 1 3 2 3 3 3 4 3 5 3 6 3 7 3 8 3 9 4 0 4 1 4 2 4 3 4 4 4 5 4 6 4 7 4 8 File Attachments for Item: 3. Resolution - A Resolution Of The City Council Approving A Task Order Between The City Of Laurel And KLJ Engineering Inc. To Authorize Service For The 2021 Pavement Maintenance Project. 49 R21- Approve Task Order KLJ 2021 Pavement Maintenance Project RESOLUTION NO. R21-___ A RESOLUTION OF THE CITY COUNCIL APPROVING A TASK ORDER BETWEEN THE CITY OF LAUREL AND KLJ ENGINEERING INC. TO AUTHORIZE SERVICE FOR THE 2021 PAVEMENT MAINTENANCE PROJECT. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Task Order between the Parties is attached hereto and incorporated herein as part of this resolution, and is accepted and hereby approved by the City Council. Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of Laurel are hereby given authority to accept and execute the attached Task Order on behalf of the City. Section 3: Effective date. The effective date for the Task Order is upon adoption and approval of this resolution. Introduced at a regular meeting of the City Council on ___________2021, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel this __th day of _________________2021. APPROVED by the Mayor this __day of ____________2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 50 No n - S t r u c u t u r a l O v e r l a y s t r e e t s Cr a c k a n d C h i p S e a l S t r e e t s St r e e t Le n g t h of S t r e e t (l f ) Wi d t h o f St r e e t ( l f ) !C r a c k S e a l (l f ) * C r a c k S e a l ($ 1 . 0 0 / l f ) # P a t c h e s (S Y ) * P a t c h $6 1 . 0 0 / S Y ) Ch i p S e a l (S Y ) * C h i p S e a l ($ 2 . 1 5 / S Y ) Fo g S e a l (G A L ) * F o g S e a l ($ 3 . 4 0 / g a l ) As p h a l t Mi l l ( S Y ) * M i l l ($ 2 . 2 0 / S Y ) Fa b r i c (S Y ) * F a b r i c ($ 1 . 2 5 / S F ) 2" Ov e r l a y (T N ) * O v e r l a y ($ 8 3 . 5 0 / T n ) Adjust MH (EA)Adjust Valve (EA)Cost per Street Pe n n s y l v a n i a ( E . M a i n S t t o E . 1 s t S t ) 40 0 5 0 2 2 0 0 2 , 2 0 0 . 0 0 $ 7 3 . 3 4 , 4 7 3 . 3 3 $ 2 2 2 2 4 , 7 7 7 . 7 8 $ 2 8 9 9 8 2 . 2 2 $ 12,433.33 $ Co l o r a d o A v e . ( E . M a i n S t . t o E . 1 s t S t ) 40 0 58 22 0 0 2, 2 0 0 . 0 0 $ 85 . 1 5, 1 8 9 . 0 7 $ 25 7 8 5, 5 4 2 . 2 2 $ 33 5 1, 1 3 9 . 3 8 $ 14,070.67 $ 10 t h A v e . ( W . 9 t h S t t o C u l d e S a c ) 64 0 36 35 2 0 3, 5 2 0 . 0 0 $ 84 . 5 5, 1 5 3 . 2 8 $ 25 6 0 5, 5 0 4 . 0 0 $ 33 3 1, 1 3 1 . 5 2 $ 15,308.80 $ Ca s a L i n d a C i r c l e ( W . 9 t h S T t o E n d ) 40 0 30 22 0 0 2, 2 0 0 . 0 0 $ 44 . 0 2, 6 8 4 . 0 0 $ 13 3 3 2, 8 6 6 . 6 7 $ 17 3 58 9 . 3 3 $ 8,340.00 $ 6t h A v e . ( W . 1 1 t h S t t o W . 1 2 t h S t ) 66 0 48 36 3 0 3, 6 3 0 . 0 0 $ 11 6 . 2 7, 0 8 5 . 7 6 $ 35 2 0 7, 5 6 8 . 0 0 $ 45 8 1, 5 5 5 . 8 4 $ 19,839.60 $ 6t h A v e . ( W . 4 t h S T t o W . 5 t h S t . ) 40 0 48 22 0 0 2, 2 0 0 . 0 0 $ 70 . 4 4, 2 9 4 . 4 0 $ 21 3 3 4, 5 8 6 . 6 7 $ 27 7 94 2 . 9 3 $ 12,024.00 $ 5t h A v e . ( W . 1 3 t h S t t o W . 1 4 t h S t . ) 70 0 48 38 5 0 3, 8 5 0 . 0 0 $ 12 3 . 2 7, 5 1 5 . 2 0 $ 37 3 3 8, 0 2 6 . 6 7 $ 48 5 1, 6 5 0 . 1 3 $ 21,042.00 $ 2n d A v e . ( M t n V i e w t o L a u r m a c ) 42 2 48 23 2 1 2, 3 2 1 . 0 0 $ 74 . 3 4, 5 3 0 . 5 9 $ 22 5 1 4, 8 3 8 . 9 3 $ 29 3 99 4 . 7 9 $ 12,685.32 $ W. 6 t h S t ( 2 n d A v e . t o 1 s t A v e . ) 40 0 48 22 0 0 2, 2 0 0 . 0 0 $ 70 . 4 4, 2 9 4 . 4 0 $ 21 3 3 4, 5 8 6 . 6 7 $ 27 7 94 2 . 9 3 $ 12,024.00 $ W. 7 t h S t ( 8 t h A v e . t o 7 t h A v e . 40 0 48 22 0 0 2, 2 0 0 . 0 0 $ 70 . 4 4, 2 9 4 . 4 0 $ 21 3 3 4, 5 8 6 . 6 7 $ 27 7 94 2 . 9 3 $ 12,024.00 $ E. 8 t h s t ( A l d e r A v e . t o J u n i p e r A v e . ) 26 5 0 48 14 5 7 5 14 , 5 7 5 . 0 0 $ 46 6 . 4 28 , 4 5 0 . 4 0 $ 14 1 3 3 30 , 3 8 6 . 6 7 $ 18 3 7 6, 2 4 6 . 9 3 $ 79,659.00 $ W 8 t h S t ( 8 t h A v e . t o 7 t h A v e ) 40 0 48 22 0 0 2, 2 0 0 . 0 0 $ 70 . 4 4, 2 9 4 . 4 0 $ 21 3 3 4, 5 8 6 . 6 7 $ 27 7 94 2 . 9 3 $ 12,024.00 $ E. 1 1 t h S t ( 1 s t A v e . t o E a s t E n d ) 10 0 0 33 55 0 0 5, 5 0 0 . 0 0 $ 12 1 . 0 7, 3 8 1 . 0 0 $ 36 6 7 7, 8 8 3 . 3 3 $ 47 7 1, 6 2 0 . 6 7 $ 22,385.00 $ W 1 1 t h S t ( 8 t h A v e . t o 6 t h A v e ) 75 0 38 41 2 5 4, 1 2 5 . 0 0 $ 10 4 . 5 6, 3 7 4 . 5 0 $ 31 6 7 6, 8 0 8 . 3 3 $ 41 2 1, 3 9 9 . 6 7 $ 18,707.50 $ La u r m a c L a n e ( 4 t h A v e . t o 2 n d A v e . ) 80 0 42 44 0 0 4, 4 0 0 . 0 0 $ 12 3 . 2 7, 5 1 5 . 2 0 $ 37 3 3 8, 0 2 6 . 6 7 $ 48 5 1, 6 5 0 . 1 3 $ 21,592.00 $ Be a r t o o t h C i r c l e ( W . B e a r t o o t h D r . t o C u l d e S a c ) 12 5 44 68 7 . 5 68 7 . 5 0 $ 20 . 2 1, 2 3 0 . 1 7 $ 61 1 1, 3 1 3 . 8 9 $ 79 27 0 . 1 1 $ 3,501.67 $ Ne z P i e r c e D r . ( W . 1 3 t h s t t o C u l d e S a c ) 32 5 44 17 8 7 . 5 1, 7 8 7 . 5 0 $ 52 . 4 3, 1 9 8 . 4 3 $ 15 8 9 3, 4 1 6 . 1 1 $ 20 7 70 2 . 2 9 $ 9,104.33 $ Br i a r C i r c l e ( W . B e a r t o o t h D r . t o C u l d e S a c ) 16 0 44 88 0 88 0 . 0 0 $ 25 . 8 1, 5 7 4 . 6 1 $ 78 2 1, 6 8 1 . 7 8 $ 10 2 34 5 . 7 4 $ 4,482.13 $ Pe n n C i r c l e ( T o p e k a C r t o C u l d e S a c ) 21 5 36 11 8 2 . 5 1, 1 8 2 . 5 0 $ 28 . 4 1, 7 3 1 . 1 8 $ 86 0 1, 8 4 9 . 0 0 $ 11 2 38 0 . 1 2 $ 5,142.80 $ Re a d i n g C i r c l e ( T o p e k a C i r t o C u l d e S a c ) 11 0 36 60 5 60 5 . 0 0 $ 14 . 5 88 5 . 7 2 $ 44 0 94 6 . 0 0 $ 57 19 4 . 4 8 $ 2,631.20 $ Mo n t a n a A v e . ( E m a r y l a n d t o W . 1 2 t h S t ) 13 0 0 42 71 5 0 7, 1 5 0 . 0 0 $ 20 0 . 2 12 , 2 1 2 . 2 0 $ 60 6 7 13 , 0 4 3 . 3 3 $ 78 9 2, 6 8 1 . 4 7 $ 35,087.00 $ La c k a w a n n a ( E M a r y l a n d t o R e a d i n g C r ) 74 0 36 40 7 0 4, 0 7 0 . 0 0 $ 97 . 7 5, 9 5 8 . 4 8 $ 29 6 0 6, 3 6 4 . 0 0 $ 38 5 1, 3 0 8 . 3 2 $ 17,700.80 $ El e a n o r R o o s e v e l t D r ( A l d e r t o J u n i p e r ) 26 5 0 42 14 5 7 5 14 , 5 7 5 . 0 0 $ 40 8 . 1 24 , 8 9 4 . 1 0 $ 12 3 6 7 26 , 5 8 8 . 3 3 $ 16 0 8 5, 4 6 6 . 0 7 $ 71,523.50 $ to t a l s 88 2 5 8 . 5 88 , 2 5 8 . 5 0 $ 25 4 4 . 5 0 5 15 5 , 2 1 4 . 8 3 $ 77 1 0 6 . 2 2 16 5 , 7 7 8 . 3 8 $ 10 0 2 3 . 8 0 9 34 , 0 8 0 . 9 5 $ 0 - $ 0 - $ 0 - $ 0 0 443,332.65 $ MD T U r b a n R o u t e s a r e n o t i n c l u d e d 44,333.27 $ * C o s t s o f E a c h I t e m , a r e p e r t h e 2 0 2 0 P a v e m e n t R e p a i r s P r o j e c t C o s t s 80,000.00 $ ! L e n g t h o f C r a c k S e a l a s s u m e s 5 . 5 f t o f c r a c k p e r 1 f t o f s t r e e t l e n g t h ( a v e r a g e f r o m 2 0 2 0 P M P ) 567,665.92 $ # P a t c h e s a s s u m e s 0 . 0 3 3 S Y o f p a t c h p e r S Y o f S t r e e t A r e a ( a v e r a g e f r o m 2 0 2 0 P M P ) It w o u l d t a k e 4 2 l f o f c r a c k p e r f o o t o f r o a d t o e q u a l c o s t o f m i l l a n d o v e r l a y Contingency 10% Engineering Total Opinion of Cost 51 Task Order Form – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 Task Order: Laurel 2021 Pavement Maintenance In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services – Task Order Edition, dated December 5, 2017 ("Agreement"), as amended by Amendment No. 1 dated October 13, 2020, Owner and Engineer agree as follows: 1. Background Data A. Effective Date of Task Order: February 23, 2021 B. Owner: City of Laurel C. Engineer: KLJ Engineering, Inc. D. Specific Project (title): Laurel 2021 Pavement Maintenance E. Specific Project (description): Miscellaneous annual pavement maintenance design, bidding and construction in locations throughout the City of Laurel. Crack Seal and Chip Seal areas identified with a PASER rating of 7 in the 2019 City of Laurel Pavement Management Plan. 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: Set forth in Part 1—Basic Services of Exhibit A, “Engineer’s Services for Task Order,” modified for this specific Task Order, and attached to and incorporated as part of this Task Order. B. Resident Project Representative (RPR) Services – Not Used Although Engineer will not provide the services of a full-time RPR, it is anticipated that Engineer will visit the Site periodically throughout construction in accordance with Paragraph A1.04.A.9. C. Designing to a Construction Cost Limit – Not Used D. Other Services – Not Used E. All of the services included above comprise Basic Services for purposes of Engineer’s compensation under this Task Order. This is a Task Order for KLJ Project No. 2004-00831, consisting of 3 pages, plus attachments. 52 Task Order Form – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 3. Additional Services A. Additional Services that may be authorized or necessary under this Task Order are: Set forth as Additional Services in Part 2—Additional Services, of Exhibit A, “Engineer’s Services for Task Order,” modified for this specific Task Order, and attached to and incorporated as part of this Task Order. 4. Owner's Responsibilities A. Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: · Pay the cost of any review fees imposed by agencies having jurisdiction over the project. · Coordinate with Laurel Public Schools and other local stakeholders, if required, to evaluate access and traffic control considerations. 5. Task Order Schedule A. Construction is anticipated during the April-August 2021 timeframe. Engineer will begin immediately, with the objective to advertise for bids in January 2021. 6. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Description of Service Amount Basis of Compensation Basic Services* $ 80,000** Hourly Rates Additional Services (Part 2 of Exhibit A) (N/A) Hourly Rates *Based on an anticipated 4-week continuous construction period. **Will not be exceeded without Owner’s written approval. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer’s labor, overhead, profit, reimbursable expenses (if any), and Consultants’ charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: None 8. Other Modifications to Agreement and Exhibits: None 9. Attachments: 53 Task Order Form – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 A. Exhibit A – Engineer’s Services for Task Order (12 pages) B. KLJ Estimated Standard Hourly Billing Rates Effective January 1, 2020 10. Other Documents Incorporated by Reference: December 5, 2017 Agreement between Owner and Engineer for Professional Services, Task Order Edition, October 13, 2020 Amendment #1 to Agreement between Owner and Engineer for Professional Services. 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 OWNER: City of Laurel ENGINEER: KLJ Engineering, Inc By: By: Print Name: Thomas C Nelson Print Name: Mark Anderson Title: Mayor Title: Vice-President 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 Smith Title: Director of Public Works Title: Project Manager Address: PO Box 10 Laurel, MT 59044 Address: PO Box 80303 Billings, MT 59108 E-Mail Address: kmarkegard@laurel.mt.gov E-Mail Address: Matt.smith@kljeng.com Phone: 406-628-4796 Phone: 406-247-2905 54 Exhibit A – Engineer's Services – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT A , consisting of 12 pages, referred to in and part of Task Order for KLJ Project No. 1904-01874, dated February 23, 2021. Engineer's Services for Task Order: Laurel 2021 Pavement Maintenance PART 1—BASIC SERVICES A1.01 Study and Report Phase Services—Not Included A1.02 Design Phase A. Project Management—tasks below apply to the entire Task Order. 1. Organize and facilitate kick-off meetings (one each) with Owner and Engineer’s project teams to confirm roles, responsibilities and expectations for completing the project. 2. Provide project management services consisting of creating a work breakdown structure and detailed project schedule, creating and implementing a project management plan, facilitating weekly progress meetings and team coordination, reviewing time and expenses and generating monthly invoices, providing bi-weekly status updates to Owner, and provide oversight of the day- to-day Project activities. 3. Visit the Site(s) and attend meetings as needed to coordinate with Owner or other stakeholders. 4. Prior to beginning design phase services, verify the type, locations and extents of 2021 Pavement Maintenance projects with Owner. Conduct a walkthrough to determine the areas where a chip seal is inappropriate. Pavement maintenance is anticipated to include milling, structural overlays, crack seals and chip seals of various streets throughout Laurel. 5. Provide an initial opinion of probable construction costs to assist Owner with determining the scope and extent of 2021 Pavement Maintenance projects. Engineer will not proceed without Owner’s acceptance of opinion of probable construction cost. 6. Engineer’s fee is based on completing the Preliminary and Final Design Phase services described below one time; multiple iterations will be provided as Additional Services. B. After verifying the locations and extents of 2021 Pavement Maintenance projects with Owner, as Basic Services, Engineer shall: 1. Prepare Design Phase documents consisting of final design criteria, drawings, specifications, and written descriptions of the Specific Project. 2. The extent of Engineer’s design tasks that will be reflected in Drawings and Specifications, will include the following components: 55 Exhibit A – Engineer's Services – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 a. Plan Drawings – Provide plan-view construction drawings necessary to depict the location and type of pavement maintenance to be completed by Contractor. b. Detail Drawings – Provide detail drawings of supplemental design information required for construction. c. Traffic Control – not included but will be required of Contractor in specifications. d. The project will be confined to existing street sections (curb to curb). The scope of work does not include design of repairing or replacing adjacent private property features. If required, Engineer would provide related work as Additional Services upon Owner’s authorization. 3. Obtain and review Owner’s instructions regarding Owner’s procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner’s construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner’s bidding-related documents (or requests for proposals or other construction procurement documents), and Construction Contract Documents. Also obtain and review copies of Owner’s design and construction standards, Owner’s standard forms, general conditions (if other than EJCDC® C-700), supplementary conditions, text, and related documents or content for Engineer to include in the draft bidding-related documents (or requests for proposals or other construction procurement documents), and in the draft Construction Contract Documents, when applicable. 4. Furnish two (2) review copies of the Design Phase documents, and any other deliverables to Owner, and review them with Owner. 5. After receiving Owner’s written review comments, if any, prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 6. Advise Owner of any recommended adjustments to the opinion of probable Construction Cost. 7. In addition to preparing the final Drawings and Specifications, assemble drafts of other Construction Contract Documents based on specific instructions and contract forms, text, or content received from Owner. 8. Prepare or assemble draft bidding-related documents (or requests for proposals or other construction procurement documents), based on the specific bidding or procurement-related instructions and forms, text, or content received from Owner. C. Engineer’s services under the Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications, other assembled Construction Contract Documents, bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables. 56 Exhibit A – Engineer's Services – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 D. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer’s compensation has been established under this Task Order is one. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Task Order. A1.03 Bidding or Negotiating Phase A. As Basic Services, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work, assist Owner in issuing assembled design, contract, and bidding-related documents (or requests for proposals or other construction procurement documents) to prospective contractors, and, where applicable, maintain a record of prospective contractors to which documents have been issued, attend pre- bid conferences, if any, and receive and process contractor deposits or charges for the issued documents. 2. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued documents. 3. Consult with Owner as to the qualifications of prospective contractors. 4. If the issued documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by prospective contractors, provided that such proposals are allowed by the bidding-related documents (or requests for proposals or other construction procurement documents) prior to award of contracts for the Work. Services under this paragraph are subject to the provisions of Paragraph A2.01.B.2 of this Exhibit A. 5. Attend the bid opening, prepare bid tabulation sheets to meet Owner’s schedule, evaluate bids and provide a recommendation of award (if applicable), and assist Owner in assembling final contracts for the Work for execution by Owner and Contractor and in issuing notices of award of such contracts. 6. If Owner engages in negotiations with bidders or proposers, assisting Owner with respect to technical and engineering issues that arise during the negotiations will be provided subject to the provisions of Paragraph A2.01.B.2 of this Exhibit A. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors. A1.04 Construction Phase A. As Basic Services, Engineer shall: 1. General Administration of Construction Contract: Consult with Owner and act as Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer shall be as assigned in EJCDC® C-700, Standard General Conditions of the Construction Contract (the Edition of which is to coincide with the current Montana Public Works Standard Specifications in effect at the time of a specific Task Order), prepared by the Engineers Joint Contract Documents Committee, or other construction general 57 Exhibit A – Engineer's Services – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 conditions specified in the Agreement. If Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of Engineer in the Construction Contract, or modify other terms of the Construction Contract having a direct bearing on Engineer, then Owner shall compensate Engineer for any related increases in the cost to provide Construction Phase services. Engineer shall not be required to furnish or perform services contrary to Engineer’s responsibilities as a licensed professional. All of Owner’s instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2. Resident Project Representative (RPR): Not included 3. Selection of Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory, if required. 4. Pre-Construction Conference: Participate in a pre-construction conference prior to commencement of Work at the Site. 5. Electronic Transmittal Protocols: If the Construction Contract Documents do not specify protocols for the transmittal of Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, then together with Owner and Contractor jointly develop such protocols for transmittals between and among Owner, Contractor, and Engineer during the Construction Phase and Post-Construction Phase. 6. Original Documents: If requested by Owner to do so, maintain and safeguard during the Construction Phase at least one original printed record version of the Construction Contract Documents, including Drawings and Specifications signed and sealed by Engineer and other design professionals in accordance with applicable Laws and Regulations. Throughout the Construction Phase, make such original printed record version of the Construction Contract Documents available to Contractor and Owner for review. 7. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 8. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer’s judgment are necessary to enable Contractor to proceed. (Construction staking not included.) 9. Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. Engineer’s fee is based on full-time site observation during chip sealing operations, and up to twenty 20 additional site visits per week during construction. Such visits and observations by Engineer, and the Resident Project 58 Exhibit A – Engineer's Services – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 Representative, if any, are not intended to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement, this Task Order, and the Construction Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer’s visits to the Site, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Construction Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Construction Contract Documents. Engineer shall not, during such visits or as a result of such observations of the Work, supervise, direct, or have control over the Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to any Constructor’s work in progress, for the coordination of the Constructors’ work or schedules, nor for any failure of any Constructor to comply with Laws and Regulations applicable to furnishing and performing of its work. Accordingly, Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s failure to furnish or perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. 10. Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work is defective under the terms and standards set forth in the Construction Contract Documents. Provide recommendations to Owner regarding whether Contractor should correct such Work or remove and replace such Work, or whether Owner should consider accepting such Work as provided in the Construction Contract Documents. 11. Compatibility with Design Concept: If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Construction Contract Documents is nonetheless not compatible with the design concept of the completed Project as a functioning whole, then inform Owner of such incompatibility, and provide recommendations for addressing such Work. 12. Clarifications and Interpretations: Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Construction Contract Documents. With reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction Contract Documents. 59 Exhibit A – Engineer's Services – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 13. Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes in the Work. 14. Change Orders and Work Change Directives: Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 15. Differing Site Conditions: Respond to any notice from Contractor of differing site conditions, including conditions relating to underground facilities such as utilities, and hazardous environmental conditions. Promptly conduct reviews, obtain information, and prepare findings, conclusions, and recommendations for Owner’s use, subject to the limitations and responsibilities under the Agreement and the Construction Contract. 16. Non-reviewable matters: If a submitted matter in question concerns the Engineer’s performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (1) the performance or acceptability of the Work under the Construction Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation. 17. Shop Drawings, Samples, and Other Submittals: Review and approve or take other appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals, but only for conformance with the information given in the Construction Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor’s submittal schedule that Engineer has accepted. 18. Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.01.B.2 of this Exhibit A. 19. Inspections and Tests: a. Receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Construction Contract Documents. Engineer’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Construction Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Construction Contract Documents. Engineer shall be entitled to rely on the results of such inspections and tests. b. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. 60 Exhibit A – Engineer's Services – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 c. Pursuant to the terms of the Construction Contract, require additional inspections or testing of the Work, whether or not the Work is fabricated, installed, or completed. 20. Change Proposals and Claims: (a) Review and respond to Change Proposals. Review each duly submitted Change Proposal from Contractor and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the Change Proposal. (b) Provide information or data to Owner regarding engineering or technical matters pertaining to Claims. 21. Applications for Payment: Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Recommend reductions in payment (set-offs) based on the provisions for set-offs stated in the Construction Contract. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Construction Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Construction Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). b. By recommending payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement or this Task Order. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work, or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the money paid to Contractor by Owner; to determine that title to any portion of the Work, including materials or equipment, has passed to Owner free and clear of any liens, 61 Exhibit A – Engineer's Services – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 claims, security interests, or encumbrances; or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 22. Contractor’s Completion Documents: Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Construction Contract Documents, certificates of inspection, tests and approvals, and Shop Drawings, Samples, and other data approved as provided under Paragraph A1.04. Receive from Contractor, review, and transmit to Owner the annotated record documents which are to be assembled by Contractor in accordance with the Construction Contract Documents to obtain final payment. The extent of Engineer’s review of record documents shall be to check that Contractor has submitted all pages. 23. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Site to review the Work and determine the status of completion. Follow the procedures in the Construction Contract regarding the preliminary certificate of Substantial Completion, punch list of items to be completed, Owner’s objections, notice to Contractor, and issuance of a final certificate of Substantial Completion. Assist Owner regarding any remaining engineering or technical matters affecting Owner’s use or occupancy of the Work following Substantial Completion. 24. Final Notice of Acceptability of the Work: Conduct a final visit to the specific Project to determine if the Work is complete and acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice to Owner and Contractor in the form attached hereto as Exhibit E (“Notice of Acceptability of Work”) (also available as a construction form, EJCDC® C-626 (2013)) that the Work is acceptable (subject to the provisions of the Notice and Paragraph A1.04) to the best of Engineer’s knowledge, information, and belief, and based on the extent of the services provided by Engineer under the Agreement and this Task Order. 25. Standards for Certain Construction-Phase Decisions: Engineer will render decisions regarding the requirements of the Construction Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth in the Construction Contract for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the specific Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the specific Project involves more than one prime contract as indicated in Paragraph A1.02, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the final Construction Contract under the Task Order. 62 Exhibit A – Engineer's Services – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 A1.05 Post-Construction Phase A. Upon written authorization from Owner during the Post-Construction Phase, as Basic Services, Engineer shall: 1. Together with Owner, visit the Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. 2. Together with Owner, visit the Project within one month before the end of the Construction Contract’s correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by Contractor. B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract’s correction period. A1.06 Commissioning Phase—Not Included A1.07 Other Services—Not Included PART 2—ADDITIONAL SERVICES A2.01 Additional Services Requiring an Amendment to Task Order A. Advance Written Authorization Required: During performance under a Task Order, Owner may authorize Engineer in writing to furnish or obtain from others Additional Services of the types listed below. Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services, using the basis of compensation for Additional Services, as indicated in the specific Task Order. 1. This Task Order contains specific information regarding tasks, number of iterations, and deliverables to be provided by Engineer. In addition to those specifically identified herein, the following list, which is not intended to be exclusive, summarizes other exclusions. a. Permitting b. Surveying: Boundary surveys or establishing survey monuments, including right-of-way and parcel ownership research and mapping; design surveys; construction staking c. Traffic analyses d. Public or private utility analyses, modeling or design e. Hydrologic and Hydraulic analyses required for detailed analysis of inlet capacity, evaluating potential overflow routes or flooding, or other tasks required to determine storm drain sizes f. Structural design g. Landscape or irrigation design h. Right-of-way or permanent easement acquisition services i. 3-D or artistic renderings 63 Exhibit A – Engineer's Services – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 2. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Specific Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Specific Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Specific Project. 3. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 4. Services resulting from significant changes in the scope, extent, or character of the portions of the Specific Project designed or specified by Engineer, or the Specific Project’s design requirements, including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of the Task Order, requested by Owner, or are due to any other causes beyond Engineer’s control. 5. Services required as a result of Owner’s providing incomplete or incorrect Specific Project information to Engineer. 6. Providing data or services of the types described in Exhibit B, when Owner retains Engineer to provide such data or services instead of Owner furnishing the same. 7. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review processes. 8. Preparing additional bidding-related documents (or requests for proposals or other construction procurement documents) or Construction Contract Documents for alternate bids or cost estimates requested by Owner for the Work or a portion thereof. 9. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 10. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all Addenda and any amendments negotiated by Owner and Contractor. 11. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. 64 Exhibit A – Engineer's Services – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 12. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtained from Contractor, Owner, utility companies, and other sources; revise and supplement Record Drawings as needed. 13. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, mediation, lien or bond claim, or other legal or administrative proceeding involving the Project. 14. Providing construction surveys and staking to enable Contractor to perform its work, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 15. Excessive services during any correction period, or with respect to guarantees called for in the Construction Contract (except as agreed to under Basic Services). 16. Provide assistance in responding to the presence of any Constituent of Concern at any Site, in compliance with current Laws and Regulations. 17. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. B. Advance Written Authorization Not Required: Engineer shall advise Owner in advance that Engineer will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services, using the basis of compensation for Additional Services, as indicated in the specific Task Order. 1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner. 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than “or equal” items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 3. Additional or extended services arising from (a) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (b) emergencies or acts of God endangering the Work, (c) damage to the Work by fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, or (f) default by Contractor. 4. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. 65 Exhibit A – Engineer's Services – Laurel 2021 Pavement Maintenance EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 5. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands. 6. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. 7. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, State, or local safety authorities for similar construction sites. 66 L E G E N D I-90 U S 2 1 2 / 3 1 0 S 1ST AVE 5TH AVE 8TH AVEW 1ST ST W 2ND STW M A I N S T S WASHINGTON ST BERHARDT RD S E 4 T H S T E R A I L R O A D S T COTTONWOOD AVE BIRCH AVE ALDER AVE E 6 T H S T MARYL A N D L N 1ST AVE W 8 T H S T PENNSYLVANIA AVE 6TH AVE E M A I N S T E 8 T H S T W 4 T H S T S U N H A V E N D R W RAILROAD STS 8TH AVE W 6TH S T ELM AVE 7TH AVE W. MARYLAND LN W 3 R D S T W 5 T H S T W 7 T H S T W 9 T H S T W 11T H S T W 12T H S T 4TH AVE 3RD AVE 2ND AVE L A U R M A C L N M A R Y L A N D L N M O U N T A I N V I E W L N 9TH AVE10TH AVE11TH AVE12TH AVE13TH AVEANNS PLBETTY AVECHERRY HILLS DR12TH AVE10TH AVECASALINDA CIR FIR AVE HAZEL AVE DATE AVE JUNIPER AVE IDAHO AVE WASHINGTON AVE WYOMING AVE COLORADO AVE MONTANA AVE R O U N D H O U S E D R S A N T A F E D R G O L D E N S P I K E C I R S A N T A F E C I R G O L D E N S P I K E D R YARD OFFICE RD A T C H I S O N D R E M A R Y L A N D L N T O P E K A D R L A C K A W A N N A L N MILWAUKEE RD P E N N C I R R E A D I N G C I R L O C O M O T I V E C I R W. MARYLAND LN DUVAL DRELS DRDAVIS CIR PAYNES PL W 14 T H S T W 1 3 T H S T 5TH AVE 4TH AVE FAI R V I E W L N W BEARTOOTH DRBRIAR CIR NEZ PIERCE DR M E A D O W C I R WILLOW DRW 12TH ST CIRFOUNDATION AVE A I R P O R T R D . FORREST AVE DURLAND AVE YELLOWSTONE AVE WOODLAND AVE CEDAR AVE S 2 N D S T S 3 R D S T S 4 T H S T S 5 T H S T WEST AVESHAY RD S H A N N O N R D GOLF COURSE RD E 9 T H S T E 1 1 T H S T L A U R E L C I T Y L I M I T S MAPLE AVE S 1ST AVE STRAUCH RD O H I O A V E N 8 0 0 0 8 0 0 1 6 0 0 S C A L E F E E T DATE REVISION2021 PAVEMENT MAINTENANCE S H E E T NO. CITY OF LAUREL I S S U E D A T E D R A F T E D P R O J E C T N U M B E R R E V I E W E D LAUREL, MT 2 0 0 4 - 0 0 8 3 1 0 2 / 0 2 / 2 0 2 1 C K L J 2 0 2 0 Feb 2, 2021 - 1:57 PM - K:\Projects\City\MT\Laurel\2004_00831 2021 Pavement Maintenance\CAD\Working\Scope of Work.dwg P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O N P R E L I M I N A R Y P U R P O S E S O N L Y F O R R E V I E W S T 1 SCOPE OF WORK M S R E W 1 2 0 2 1 C R A C K & C H I P S E A L P R O J E C T 6 7 File Attachments for Item: 4. Resolution - A Resolution Of The City Council Approving A Task Order For KLJ Engineering Inc. To Authorize Them To Prepare An Updated Water System Preliminary Engineering Report (PER) For The City Of Laurel. 68 R21- Approve Task Order KLJ Water System Preliminary Engineering Report (PER) RESOLUTION NO. R21-___ A RESOLUTION OF THE CITY COUNCIL APPROVING A TASK ORDER FOR KLJ ENGINEERING INC. TO AUTHORIZE THEM TO PREPARE AN UPDATED WATER SYSTEM PRELIMINARY ENGINEERING REPORT (PER) FOR THE CITY OF LAUREL. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Task Order between the Parties is attached hereto and incorporated herein as part of this resolution, and is accepted and hereby approved by the City Council. Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of Laurel are hereby given authority to accept and execute the attached Task Order on behalf of the City. Section 3: Effective date. The effective date for the Task Order is upon adoption and approval of this resolution. Introduced at a regular meeting of the City Council on ___________2021, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel this __th day of _________________2021. APPROVED by the Mayor this __day of ____________2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 69 Task Order Form – Water System PER 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 Task Order: Water System PER In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services – Task Order Edition, dated December 5, 2017 ("Agreement"), as amended by Amendment No. 1 dated October 13, 2020, Owner and Engineer agree as follows: 1. Background Data A. Effective Date of Task Order: February 9, 2021 B. Owner: City of Laurel C. Engineer: KLJ Engineering, Inc D. Specific Project (title): Water System Preliminary Engineering Report (PER) E. Specific Project (description): Prepare an updated Water System PER from the prior PER dated April 2014 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: Set forth in Part 1—Basic Services of Exhibit A, “Engineer’s Services for Task Order,” modified for this specific Task Order, and attached to and incorporated as part of this Task Order. B. Resident Project Representative (RPR) Services - Not Used 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 as Additional Services in Part 2—Additional Services, of Exhibit A, “Engineer’s Services for Task Order,” modified for this specific Task Order, and attached to and incorporated as part of this Task Order. This is a Task Order for KLJ Project No. 2004-01470 consisting of 3 pages, plus attachments. 70 Task Order Form – Water System PER 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 4. Owner's Responsibilities A. Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: • Provide Engineer with access to the facilities, as needed, to complete the project. • Provide requested information, including City financial records as applicable, water metering records and any other information specified as Owner’s responsibility in Engineer’s Scope of Work. • Review preliminary reports and plans provided by Engineer. 5. Task Order Schedule A. In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: • Basic Services are anticipated to be complete by January 1, 2022 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 of Exhibit A) a. Study and Report Phase (A1.01) $ 54,000 Lump Sum TOTAL COMPENSATION (lines 1.a-e) $ 54,000 2. Additional Services (Part 2 of Exhibit A) (N/A) Direct Labor Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer’s labor, overhead, profit, reimbursable expenses (if any), and Consultants’ charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: None 8. Other Modifications to Agreement and Exhibits: None 9. Attachments: 71 Task Order Form – Water System PER 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 Exhibit A – Engineer’s Services for Task Order 10. Other Documents Incorporated by Reference: December 5, 2017 Agreement between Owner and Engineer for Professional Services, Task Order Edition October 13, 2020 Amendment to Engineer-Owner Agreement, Amendment No. 1. 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 February 9, 2021 OWNER: City of Laurel ENGINEER: KLJ Engineering, Inc . By: By: Print Name: Thomas C. Nelson Print Name: Mark Anderson Title: Mayor Title: Vice- President 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 Smith Title: Director of Public Works Title: Project Manager Address: PO Box 10 Laurel, MT 59044 Address: PO Box 80303 Billings, MT 59108 E-Mail Address: kmarkegard@laurel.mt.gov E-Mail Address: matt.smith@kljeng.com Phone: 406-628-4796 Phone: 406-245-5499 72 Exhibit A – Engineer's Services – Water System PER 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 of 10 73 Page 1 of 3 This is EXHIBIT A, to Task Order for Project No. 2004-01470 consisting of 3 pages. Engineer’s Services- Water System PER Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1 – BASIC SERVICES A1.01 Study and Report Phase A. Owner shall: 1. Provide the following information: a. List of improvements completed on water system since 2014 b. Financial records for the water enterprise fund from 2017 – 2020 c. One full year of water meter records for water supply, treatment and services 2. Consult with landowners related to easement and site acquisitions needed for proposed water tanks, booster stations, water main transmission lines or any other improvements. B. Engineer shall: 1. Kickoff Meetings – Facilitate one kickoff meeting with City staff to clarify any questions regarding the scope of the project prior to commencing with work. 2. Consult with Owner – Consult with City staff to obtain information regarding projects completed since the 2014 PER and gain information regarding any new issues that have developed in the system. 3. Fire Flow Tests – With City’s assistance, conduct fire flow tests at up to six (6) locations to collect information needed to calibrate the water model. 4. Water Model – Update existing computer model of the water distribution system previously created with the 2014 PER. Update will include adding new pipe data from projects completed since 2014 and adjusting the model to calibrate to hydrant flow test results. 5. Booster Station Analysis – Update booster station scenarios investigated in 2014 PER with new information regarding the potential for a school to be constructed in the north part of town using the adjusted computer model. 6. Water Tank Analysis - Model up to three water tank sites for a new water pressure zone in the north part of town proposed in the 2014 PER. Site locations will be based on input from City staff related to feasibility of easement and site acquisitions as well as system hydraulics. 7. Alternative Analysis – Analyze the cost and benefits of various alternatives to address water tank and booster station alternatives identified in the 2014 PER with any system modifications since 2014 and new information regarding the availability of various tank 74 Page 2 of 3 sites. Alternatives considered will also include various types of tanks and supporting improvements to the distribution system. To be consistent with State funding program requirements, needs for the project will not be based on planned growth, however alternatives evaluated will take into consideration areas of new growth such as the new school planned in the northwest areas of the City. 8. Funding Analysis – Review various funding opportunities and grant programs to develop recommendation to fund proposed improvements. 9. Environmental Review – Prepare and submit letter to various State and Federal agencies listed in Uniform Application Guidelines to seek review comments related to any environmental concerns; Identify environmental resources from data bases available through public domain, including the State Historical Preservation Office, Montana Natural Heritage Program and National Wetlands Inventory; Present any environmental considerations with recommended alternatives at public hears related to PER; Complete environmental questionnaire for recommended alternatives. 10. PER Update – Prepare an update PER, using all applicable information from the 2014 PER. Updated PER will be prepared in accordance with provisions of the Montana Department of Commerce Uniform Application Guidelines as required for application for State administered grant programs. 11. City Staff Coordination – Meet with City staff up to 3 times over the course of the project to discuss potential solutions. Submit 3 copies of PER to City staff for review and modify one time based on City staff comments. 12. Public Input – Present PER with recommendations at one City Council Meeting and if appropriate, modify PER one time per direction from City Council. 13. PER Final Submittal – Submit 3 copies of final PER to City. C. Engineer’s services under the Study and Report Phase will be considered complete on the date when the revised PER has been submitted to the City. A1.02 Preliminary Design Phase – Not Included A1.03 Final Design Phase – Not Included A1.04 Bidding or Negotiating Phase – Not Included A1.05 Construction Phase – Not Included A1.06 Post-Construction Phase – Not Included PART 2 – ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner’s Written Authorization A. If authorized in writing by Owner, Engineer shall provide Additional Services of the types listed below. These services are not included as part of Basic Services and will be paid for by Owner as indicated in Exhibit C. 1. Preparation of grant applications. 2. Conducting environmental surveys or conducting studies other than that referenced as Basic Services. 75 Page 3 of 3 3. Any surveying or as-built measurement of existing facilities other than that specified as Basic Services. 4. Services resulting from significant changes in the scope, extent, or character of the Project. 5. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those specified as Basic Services. 6. Services required as a result of Owner’s providing incomplete or incorrect Project information to Engineer. 7. Furnishing services of Consultants for other than Basic Services. 8. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, lien or bond claim, or other legal or administrative proceeding involving the Project. 9. Surveying or mapping of utilities 10. Geotechnical exploration or evaluation 11. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. A2.02 Additional Services Not Requiring Owner’s Written Authorization A. For Additional Services listed below, 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 to cease from Owner. 1. Preparation for and attending meetings in addition to those specified as Basic Services. 2. Modifying deliverables per Owner’s requests other than those modifications specified as Basic Services. 76 File Attachments for Item: 5. Resolution - A Resolution Of The City Council Creating Fees And Charges For Riverside Hall To Be Incorporated Into The City Of Laurel’s Schedule Of Fees And Charges. 77 R21-___Rental Fees for Riverside Hall Rental RESOLUTION NO. R21-____ A RESOLUTION OF THE CITY COUNCIL CREATING FEES AND CHARGES FOR RIVERSIDE HALL TO BE INCORPORATED INTO THE CITY OF LAUREL’S SCHEDULE OF FEES AND CHARGES. WHEREAS, the City Council previously adopted Resolution No. R11-10 on February 1, 2011, creating a Schedule of Fees and Charges for the City of Laurel; and WHEREAS, the Public Works Committee has recommended the attached Schedule of Fees and Charges for individuals, clubs or other members of the public who desire to rent Riverside Hall, currently known as Jaycee Hall, hereinafter referred to as “Riverside Hall” for their respective events; and WHEREAS, City staff worked with the Park Board to develop the attached Schedule of Fees and Charges for the City’s Riverside Hall; and WHEREAS, City Staff and the Park Board recommend the City Council’s adoption of the attached schedule to be incorporated into the City’s Schedule of Fees and Charges that is updated on an annual basis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel that the attached schedule of fees entitled “Riverside Hall Rental Hours and Fees” is hereby approved and incorporated into the City’s Schedule of Fees and Charges. Introduced at a regular meeting of the City Council on ___________2021, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel this __th day of _________________2021. APPROVED by the Mayor this __day of ____________2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 78 Riverside Hall Rental Hours and Fees $350 per day(7am-10pm) and each additional day is $175. $175 per half day for the following times 7am-2pm or 2pm-10pm. $75 fee for the use of the kitchen. $200 deposit for non-alcohol rentals that will be returned if the hall is cleaned and picked up. $500 deposit for alcohol served that will be returned if the hall is cleaned and picked up. Renters must comply with state alcohol statues. $30 fee for the meeting room for a maximum of four hours at any given time if the hall is available - no deposit required. Laurel non-profits will receive a 50% discount on rentals excluding deposits. The meeting room has no discount. Youth meetings are free. Rental Agreements are required to be signed and approved prior to your event or meeting. 79 January 27, 2021 Park Board 6 pm Park Board Member present Jon R. Scott S. Irv W. Richard H. Phyllis B. Evan B. Others Present, Kurt Markegard, Staff Public Input – no public comment Irv reported about rental fees. Kurt reported about fees for North Park. Evan spoke about his ideas for rental fees. John also spoke about fees. The board discussed the rental fees for non-profit. The board held a lengthy discussion on times for rentals and when renters needed to be out of hall. The fees and hours of rentals shall be as follows. $350 per day(7am-10pm) and each additional day is $175. $175 per half day either 7am-2pm or 2pm-10pm. $75 fee for the use of the kitchen. $200 deposit for non-alcohol rentals that will be returned if the hall is cleaned and picked up. $500 deposit for alcohol served that will be returned if the hall is cleaned and picked up. Renters must comply with state alcohol statues. $30 fee for the meeting room for a maximum of four hours at any given time if the hall is available - no deposit required. Laurel non-profits will receive a 50% discount on rentals excluding deposits. The meeting room has no discount. 80 Youth meetings are free. Jon moved to accept the fees and times for rentals and Evan seconded it, all members voted for the motion to pass. Kurt will prepare the fee schedule for City Council consideration. Kurt asked the board what the hall will be called in the future so that it can have a name. Evan suggested Riverside Hall. Richard motioned to call the building formerly know as Jaycee Hall to the new name of Riverside Hall. Irv seconded the motion and all members voted for the motion to pass. The meeting was adjourned at 7:04 pm. Submitted by Kurt Markegard 81 File Attachments for Item: 6. Electronic Recycling Discussion. 82 Laurel Container Site Electronics Recycling Purpose: Green Technology Solutions is looking to set up 4 drop off bins for electronics recycling at the Laurel Container Site. Costs: GTS would provide the bins for free, do any on-site repairs for free, and pick up the contents for free. In other words, this service would be absolutely free of any charges to the City of Laurel. Licensing/Insurance: GTS is a licensed electronics recycling facility with the Montana DEQ (License #595). In addition to this, GTS carries a $2 million general liability insurance policy. Bins: Each bin measures roughly 4 feet, by 4 feet, by 4 feet. GTS currently allocates 4 bins and an optional vehicle battery recycling pallet at each site. Items Accepted: GTS accepts almost every type of electronic device (CRT’s and projection TV’s are not accepted) and every type of battery. In addition to this, old ink and toner cartridges are also accepted Items Containing Hard Drives: GTS destroys every hard drive received in house. No hard drives are reused, and no intact hard drives are sent to third party recyclers. Contact Information: Anthony Overcast Owner, Green Technology Solutions 350 S Billings Blvd. Suite #2A (406) 206-5376 Cell: (406) 697-5877 www.greenmt.net 83 File Attachments for Item: 7. Review Draft Council Agenda for February 23, 2021 84 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, FEBRUARY 23, 2021 6:30 PM ONLINE NEXT RES. NO. R18-XX NEXT ORD. NO. O18-XX WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda 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 Approval of Minutes of February 9, 2021. Correspondence Council Disclosure of Ex Parte Communications Public Hearing Conditional Land Use - Soda Station Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will b e enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 1. Claims entered through February 19, 2021. 2. Approval of Payroll Register for PPE 2/12/2021 totaling $203,294.13. Approval of Council Workshop Minutes of October 15, 2019. Ceremonial Calendar Reports of Boards and Commissions 4. Budget/Finance Committee minutes of January 26,2021. 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. 85 Scheduled Matters 5. Resolution - A Resolution To Approve The Conditional Use Of Property For The Operation Of “Soda Station” A Beverage Kiosk On A Portion Of Property Located At 720 1st Avenue Within The City Of Laurel. (PH 2.23.2021) 6. Resolution - A Resolution Of The City Council Selecting RDO Equipment As The Successful Bidder For The City’s Purchase Of A Backhoe. 7. Resolution - A Resolution Of The City Council Approving A Task Order Between The City Of Laurel And KLJ Engineering Inc. To Authorize Service For The 2021 Pavement Maintenance Project. 8. Resolution - A Resolution Of The City Council Approving A Task Order For KLJ Engineering Inc. To Authorize Them To Prepare An Updated Water System Preliminary Engineering Report (PER) For The City Of Laurel. 9. Resolution - A Resolution Of The City Council Creating Fees And Charges For Riverside Hall To Be Incorporated Into The City Of Laurel’s Schedule Of Fees And Charges. 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 groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any kn own 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 86