HomeMy WebLinkAboutResolution No. R24-06M1 Z .. miH 610 1 E49 Le 0 K, all.
ACE ELECTRIC INC.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section l: Approval. The Independent Contractor Service Contract by and between
the City of Laurel (hereinafter "the City") and Ace Electric Inc., a copy attached hereto and
incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Independent
Contractor Service Contract with Ace .Electric Inc. on behalf of the City.
Introduced at a regular meeting of the City Council on the 23rd day of January, 2024,
by Council Members ,-
PASSED and APPROVED by the City Council of the City of Laurel the 23rd day of
January, 2024.
APPROVED by the Mayor the 23rd day of January, 2024.
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ATTEST:
St r, Clerk -Treasurer
APPROVED AS TO FORM:
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Michele L. Braukmann, Civil City Attorney
CITY OF LAUREL
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Dave aggoner, ay r
R24-06 Approve Independent Contractor Service Contract by and between the City of Laurel and Ace Electric
Inc.
This Contract is made and entered into this 2') d day of January, 2024, between the City of
Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose
address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as "City" and Ace Electric,
Inc., a contractor licensed to conduct business in the State of Montana, whose address is 808 West
Main Street (P.O. Box 520), Laurel, Montana 59044, hereinafter referred to as "Contractor".
SECTION ONE
DESCRIPTION OF SERVICES
A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services
described in the Bid dated January 18, 2024, attached hereto as Exhibit "A" and by this reference
made part of this contract.
B. Effective Date. This contract is effective upon the date of its execution by both Parties.
Contractor shall complete the services within 60 days of commencing work. The parties may extend
the term of this contract in writing prior to its termination for good cause.
C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with
the specifications and requirements of this contract, any applicable Montana Public Work Standard(s)
and Exhibit "A".
SECTION TWO
CONTRACT PRICE
Payment. City shall pay Contractor seventeen thousand four hundred eighty-five dollars and no cents
($17,485.00) for the work described in Exhibit A. Any alteration or deviation form the described work
that involves extra costs must be executed only upon written request by the City to Contractor and
will become an extra charge over and above the contract amount. The parties must agree to extra
payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice
for all charges.
SECTION THREE
CITY'S RESPONSIBILITIES
Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract
price, phis or minus any additions or deductions agreed upon between the parties in accordance with
Sections one and two, if any.
SECTION FOUR
CONTRACTOR'S WARRANTIES AND RESPONSIBILITIES
A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for
purposes of this contract and is not to be considered an employee of the City for any purpose
hereunder. Contractor is not subject to the terms and provisions of the City's personnel policies or
handbook and shall not be considered a City employee for workers' compensation or any other
purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings,
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agreements or sub -contracts in any dealings between Contractor and any third parties. The City is
interested solely in the results of this contract. Contractor is solely responsible for all work and work
product under this contract, including techniques, sequences, procedures, and means. Contractor shall
supervise and direct the work to the best of his/her ability.
B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules,
Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor
shall comply with the applicable requirements of the Workers' Compensation Act. Contractor shall
maintain workers' compensation coverage for all members and employees of his/her business, except
for those members who are exempted as independent contractors under the provisions of §39-71-401,
MCA. Contractor understands that all contractors or subcontractors working on publicly funded
projects are required to have withheld from earnings a license fee of one percent (1 %) of the gross
contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee
is paid to the Montana Department of Revenue pursuant to Montana law.
C. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by
Contractor on the Construction Project shall be new and where not otherwise specified, of the most
suitable grade for their intended uses.
D. All workmanship and materials shall be of a kind and nature acceptable to the City.
E. All equipment, materials, and labor provided to, on, or for the Contract must be 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.
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J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
used or held for use in the completion or performance of the Contract.
K. Title to all work, work product, materials and equipment covered by any payment of Contractor's
compensation by City, whether directly incorporated into the Contract or not, passes to City at the
time of payment, free and clear of all liens and encumbrances.
SECTION FIVE
INDEMNITY AND INSURANCE
Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from
any and all losses, damage and liability occasioned by, growing out of,, or in any way arising or
resulting from any intentional or negligent act on the part of Contractor or its agents or employees.
SECTION SIX
COMPLIANCE WITH LAWS
Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations.
Contractor shall either possess a City business license or shall purchase one, if a City Code requires a
business license.
SECTION SEVEN
NONDISCRIMINATION
Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit
and qualification and further that Contractor shall not discriminate on the basis of race, color, religion,
creed, political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other parry may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non -defaulting
party may bring suit for damages, specific performance, and any other remedy provided by law except
for punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand -delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
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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 Oh FIGHTS
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.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 23" DAY OF JANUARY 2024.
CITY OF LAUREL
AA
Dave Waggoner, Mayor
ATTEST:
tkewstr r, Clerk/Treasurer
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CONTRACTOR.
Ace Electric, Inc.
Employer Identification Number
yj-6'-3G1-3-7
To: ,, LAUREL
Attention: WATER *' R k
Reference: IN O 1 _ l -
Date: 01/18/2024
R r * 5641
WE PROPOSE TO FURNISH ALL LABOR AND MATERIAL FOR A COMPLETE WORK INSTALLATION TO SUPPORT IN
CONTROL DURING CONROLS UPGRADE.
11►[0i0 0101
Labor to replace high service, filter and Clearwell control panel back planes.
Labor and misc. material necessary to replace the existing control panel in the breakroom with new control panel
assembly.
Labor and material associated with low service VFD replacement and new cath cable installation.
Labor and material for new fiber installation/termination/testing between high service and low service control
panels.
EXCLUDED:
New conduit installation.
Field device verification/termination.
Supply and install of Fiber patch panel/equipment.
NOTE:
Fiber pull through underground conduit has one half day allocated. If the existing cable is unable to be pulled out
of existing conduit the situation will have to be assessed/plan derived to accomplish the new cable installation.
TOTAL PROPOSED PRICE: $17,485
1. THIS PROPOSAL IS FIRM FOR 30 DAYS
2. INSTALLATION IS GUARANTEED FOR ONE YEAR
Acceptance of Proposal - The above prices, specifications, and conditions are satisfactory and are
he,,.reby accepted. YouXe authorized to do the work as specified.
Signature Date
Travis Tabbert I Ace Electric, Inc
808 W Main Street ( P.O. Box 520 1 Laurel, MT 59044
Office: 406-628-8886 1 Cell: 406-850-0612 1 ttabbert(a)aceelectricmt.com