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HomeMy WebLinkAboutResolution No. R22-73RESOLUTION NO. R22-73 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTO SERVICE CONTRACT WITH TRUE NORTH CONT CTING BE IT RESOLVED by the City Council of the pity of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract by and between the City of Laurel and True North Contracting, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is.hereby giv n authority to execute the Independent Contractor Service Contract with True North Contracti g on behalf of the City. Introduced at a regular meeting of the City Council on the 22nd day of November, 2022, by Council Member Mize. PASSED and APPROVED by the City Counci� of the City of Laurel the 22nd day of November, 2022. APPROVED by the Mayor the 22°a day of Nov�mber, 2022. OF LAUREL Dae Waggoner, Mayc ATTEST: OF LAp��,,��, ker, Clerk -Treasurer SEAL , a APPROVED AS TO FORM: �Nf CO..... LII�� V Michele L. Braukmann, Civil City Attorney R22-73 Approve Independent Contractor Service Contract by anc between the City of Laurel and True North Contracting i INDEPENDENT CONTRACTOR This Contract is made and entered into this 22nd Laurel, a municipal corporation organized and existing u address is P.O. Box 10, Laurel, Montana 59044, herei. Contracting, a contractor licensed to conduct business in Anglers Way Billings, MT 59101, hereinafter referred to SECTION ONE DESCRIPTION OF SEI CONTRACT y of November 2022, between the City of -r the laws of the State of Montana whose ter referred to as "City" and True North State of Montana, whose address is 9431 "Contractor". A. Purpose. City shall hire Contractor as an independent Dontractor to perform for City the services described in the Bid dated October 23, 2022, attached hereto as Exhibit "A" and by this reference made part of this contract. B. Effective Date. This contract is effective upon the date f its execution by both Parties. Contractor shall complete the services within 60 days of commencingork. The parties may extend the term of this contract in writing prior to its termination for good cau e. C. Scope of Work. Contractor shall perform his/her work d provide services in accordance with the specifications and requirements of this contract, any applicE ble Montana Public Work Standard(s) and Exhibit "A". SECTION TWO CONTRACT PRK Payment. City shall pay Contractor eleven thousand eigl ($11,808.00) for the work described in Exhibit A. Any alter that involves extra costs must be executed only upon writte become an extra charge over and above the contract amoun or charges in writing. Prior to final payment, Contractor charges. SECTION THREE CITY'S RESPONSIBILI Upon completion of the contract and acceptance of the price, plus or minus any additions or deductions agreed Sections one and two, if any. SECTION FOUR CONTRACTOR'S WARRANTIES AND hundred and eight dollars and no cents ion or deviation from the described work request by the City to Contractor and will The parties must agree to extra payments hall provide City with an invoice for all City shall pay Contractor the contract between the parties in accordance with A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of theCity's personnel policies or handbook and. shall not be considered a City employee for workers' compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind thq City in any dealings, agreements or sub - Page 1 of 5 contracts in any dealings between Contractor and any third parties. The City is interested solely in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct the work to the best of his/her ability. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules, Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers' Compensation Act. Contractor shall maintain workers' compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of §39-71-401, MCA. Contractor understands that all contractors or subcontractors working on publicly funded projects are required to have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue pursuant to Montana law. C. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. Upon receipt of City's written notice of a defective or nonconforming. condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City's acceptance of the corrective action. F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities and/or has made field examinations. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. I. All work is performed at Contractor's risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. Page 2 of 5 J. Contractor is responsible for any loss or damage to ma erials, tools, work product or other articles used or held for use in the completion or performance of tho Contract. K. Title to all work, work product, materials and equipme t covered by any payment of Contractor's compensation by City, whether directly incorporated into the Contract or not, passes to City at the time of payment, free and clear of all liens and encumbrances. SECTION FIVE INDEMNITY AND INSURANCE Contractor shall indemnify, defend and save City, its office , agents and employees harmless from any and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Contrac or or its agents or employees. SECTION SIX I J COMPLIANCE WITH AWS Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor shall either possess a City business license or shall purchse one, if a City Code requires a business license. SECTION SEVEN NONDISCREmNATI N Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and qualification and further that Contractor shall not discriminal a on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental d sability or national origin. SECTION EIGHT DEFAULT If either party fails to comply with any term or condition provided for, the other party may, at its option, termir obligations if the default is not cured within ten (10) c defaulting party. Said notice shall set forth the items to be may bring suit for damages, specific performance, and & punitive damages. The Parties hereby waive their resp remedies are cumulative and not exclusive. Use of one Notices shall be provided in writing and hand -delivered forth in the first paragraph of this Contract. SECTION TERNHNA Either party may terminate the contract for their c postage prepaid, to the addresses provided herein. Page 3 of 5 this Contract at the time or in the manner this Contract and be released from all ,s after written notice is provided to the red. Additionally, the non -defaulting party other remedy provided by law except for ive claims for punitive damages. These nedy does not preclude use of the others. mailed to the parties at the addresses set upon thirty days written notice sent SECTION TEN GOVERNING LAW AND DISPUTE RESOLUTION The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days after the dispute arises. If negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the mediator or file suit. SECTION ELEVEN ATTORNEY FEES If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful party's attorney's fees and all costs charges and expenses related to the action. SECTION TWELVE ENTIRE AGREEMENT This contract and its referenced attachment and Exhibit A contain the entire agreement and understanding of the parties and supersede any and all prior negotiations or understandings relating to this project. This contract shall not be modified, amended, or changed in any respect except through a written document signed by each party's authorized respective agents. SECTION THIRTEENTH ASSIGNMENT OF RIGHTS The rights of each party under this Contract are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION FOURTEEN SEVERABILITY Each provision, section, or subsection of this Contract shall stand separate and independent of every other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall remain in full force and effect. SECTION FIFTEEN PARAGRAPH HEADINGS The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be used to explain, simplify, or aid in the interpretation of the provisions of this agreement. Page 4 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE OF LAURE Dave Waggoner, Mayor ATTEST: Rek Ser, Clerk/Treasurer 5 of 5 DAY OF NOVEMBER 2022. CONTRACTOR orth Identification Number 9431 Anglers Way !' Billings Mt 59101 jb.tnc@outlook.com 406-850-8745 . A TRUE NOi�TH CONTRALTI G City Of Laurel P.O. Box 10 Laurel, MT 59044 PROPOSAL Date Estimate # 10/23/2022 9-161 Waste Water Plant Description I I Total Remove 1,750. sq $ of broken asphalt, compact subbase and pave back with 3" thick ew asphalt 1 6,516.50 1.Bid does not include price for bond or traffic control 2.The signing of this proposal will serve as a binding contract between True North Contracting LLC and signing party. ACCEPT) 3.Thank you for the opportunity to earn your business DATE OF Total $6,516.50 OF PROPOSAL iPTANCE 9431 Anglers Way CrT;IA Billings Mt 59101 jb.tnc@outlook.com 406-850-8745 TRUE NORTH CONTRACTING City Of Laurel P.O. Box 10 Laurel, MT 59044 PROPOSAL Date Estimate # 10/23/2022 9-160 Description Total 8th and W Maryland 5,291.50 Remove 1,400 sq ft of failed asphalt, compact subbase and pave back with new 3" thick asphalt 1.Bid does not include price for bond or traffic control. I I Total n $5,291.50 2.The signing of this proposal will serve as a binding contract between \ I True North Contracting LLC and signing party. ACCEPTANCE OF PROPOSMNJ 3.Thank you for the opportunity to earn your business DATE OF kCCEPTANCE