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HomeMy WebLinkAboutCity Council Packet 10.08.2024 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, OCTOBER 08, 2024 6:30 PM COUNCIL CHAMBERS 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. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will attend the Laurel City Council meetings often. Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approval of Minutes of September 24, 2024. Correspondence 2. Police Monthly Report - September 2024. 3. Resignation Letter from Alan Kasemodel. Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove 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. 4. Claims entered through October 4, 2024. 5. Approval of Payroll Register for PPE 9/29/2024 totaling $267,141.33. 6. Council Workshop Minutes of September 3, 2024. 7. Council Workshop Minutes of October 1, 2024. Ceremonial Calendar Reports of Boards and Commissions 8. Budget/Finance Committee Minutes of September 24, 2024. 9. Laurel Urban Renewal Agency Minutes of Septemeber 9, 2024. 10. Cemetery Commission Minutes of July 16, 2024. 11. Tree Board Minutes of September 5, 2024. 1 12. Laurel Urban Renewal Agency Minutes of September 23, 2024. Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 13. Resolution No. R24-87: Resolution Of The City Council Approving An Application For Special Review For A Business To Be Called “The Board Of Trade” Authorizing The Onsite Sale And Consumption Of Alcohol On Premises, Within An Existing Structure Located At 117 ½ East Main Street, City Of Laurel 14. Resolution No. R24-88: A Resolution Of The City Council Authorizing The Mayor To Execute Amendment 1 And Amendment 2 To The Original Task Order Previously Approved By City Council Via Resolution R 23-81 For The Project Known As The 5th - 7th Sewer Line Replacement With KLJ Engineering, LLC. 15. Resolution No. R24-89: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Red Ridge Construction. 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 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. 2 File Attachments for Item: 1. Approval of Minutes of September 24, 2024. 3 4 5 6 File Attachments for Item: 2. Police Monthly Report - September 2024. 7 Page 1 of 5 Total Calls Printed on October 1, 2024 [CFS Date/Time] is between '2024-09-01 00:00:00' and '2024-09-30 23:59:59' and [Primary Incident Code->Code : Description] All Code : Description Totals 10-15 : With Prisoner 0 0 : Abandoned Vehicle 19 19 : Agency Assist 48 48 : Alarm - Burglary 16 16 : Alarm - Fire 1 1 AMB : Ambulance 82 82 : Animal Complaint 7 7 : Area Check 5 5 : Assault 4 4 : Bad Checks 0 0 : Barking Dog 6 6 : Bomb Threat 0 0 : Burglary 0 0 : Child Abuse/Neglect 5 5 : Civil Complaint 7 7 : Code Enforcment Violation 7 7 : Community Integrated Health 7 7 8 Page 2 of 5 Code : Description Totals : Counterfeiting 0 0 : Criminal Mischief 6 6 : Criminal Trespass 7 7 : Cruelty to Animals 5 5 : Curfew Violation 11 11 : Discharge Firearm 0 0 : Disorderly Conduct 6 6 : Dog at Large 31 31 : Dog Bite 1 1 DUI : DUI Driver 4 4 : Duplicate Call 2 2 : Escape 0 0 : Family Disturbance 16 16 : Fight 1 1 FIRE : Fire or Smoke 28 28 : Fireworks 0 0 : Forgery 0 0 : Found Property 8 8 : Fraud 2 2 : Harassment 5 5 : Hit & Run 2 2 9 Page 3 of 5 Code : Description Totals : ICAC 2 2 : Identity Theft 1 1 : Indecent Exposure 0 0 : Insecure Premises 2 2 : Intoxicated Pedestrian 1 1 : Kidnapping 0 0 : Littering 0 0 : Loitering 2 2 : Lost or Stray Animal 10 10 : Lost Property 4 4 : Mental Health 1 1 : Missing Person 2 2 : Noise Complaint 2 2 : Open Container 0 0 : Order of Protection Violation 5 5 : Parking Complaint 8 8 : Possession of Alcohol 0 0 : Possession of Drugs 1 1 : Possession of Tobacco 1 1 : Privacy in Communications 2 2 : Prowler 0 0 10 Page 4 of 5 Code : Description Totals : Public Assist 48 48 : Public Safety Complaint 16 16 : Public Works Call 12 12 : Report Not Needed 6 6 : Robbery 0 0 : Runaway Juvenile 3 3 : Sexual Assault 2 2 : Suicide 0 0 : Suicide - Attempt 0 0 : Suicide - Threat 4 4 : Suspicious Activity 50 50 : Suspicious Person 13 13 : Theft 18 18 : Threats 4 4 : Tow Call 4 4 : Traffic Accident 13 13 : Traffic Hazard 8 8 : Traffic Incident 12 12 : TRO Violation 0 0 : Truancy 0 0 T/S : Traffic Stop 283 283 11 Page 5 of 5 Code : Description Totals : Unattended Death 2 2 : Unknown - Converted 0 0 : Unlawful Transactions w/Minors 0 0 : Unlawful Use of Motor Vehicle 0 0 : Vicious Dog 2 2 : Warrant 12 12 : Welfare Check 26 26 Totals 931 931 12 File Attachments for Item: 3. Resignation Letter from Alan Kasemodel. 13 From:Alan Kasemodel To:City Mayor Cc:Brittney Harakal Subject:Resignation Date:Sunday, September 29, 2024 3:06:18 PM Please accept my resignation from the Laurel AirportAuthority board effective immediately. Thank you, Alan Kasemodel 14 File Attachments for Item: 6. Council Workshop Minutes of September 3, 2024. 15 16 17 18 File Attachments for Item: 7. Council Workshop Minutes of October 1, 2024. 19 20 21 22 File Attachments for Item: 8. Budget/Finance Committee Minutes of September 24, 2024. 23 24 25 File Attachments for Item: 9. Laurel Urban Renewal Agency Minutes of Septemeber 9, 2024. 26 MINUTES CITY OF LAUREL LAUREL RENEWAL AGENCY MONDAY, SEPT 9TH, 2024 11:00 AM CITY BOARDROOM A LAUREL RENEWAL AGERNCY meeting was held in City Boardroom and called to order by Cami Nelson at 11:00 p.m. on Sept 9th, 2024 COMMITTEE MEMBERS PRESENT: OTHERS PRESENT: General Items: Roll Call Approval of Minutes – Cheryl made a motion to approve to approve the minuets, Daniel 2nd New Business: Project Discussion – we are still on board with moving forward with the project for lights, trees and then concrete. • Forrest felt the need to do the lights first to start with the leasing and getting that in contract with NWE. It was also discussed about doing a NEW district called the maintenance district and include lights, sidewalks and trees. • We need to meet with the tree board as well as the business owners to approve and ask opinion on the new maintenance district. We can’t go to the board until we know people are on board with this change. Plan A – maintenance district created Plan B – Lighting dist. Expansion • We talked about adding Washington to the project • We need an RFP to draft Doug for engineering for the project NWE – Cody gave us more details on the leasing of the lights - $110,000 down pt and $81 lights per light per month. It is 20 weeks out from order date for poles to be in. Project Timeline – 3 to 4 weeks Old Business: Budget update Announcements: Dianne Lehm gave us an update on Big Sky EDA – Annual meeting is Oct 3rd and we can register online Next meeting 9/23/24 Adjourn Meeting: Daniel made a motion to adjourn the meeting Cheryl 2nd at 12:00 Respectfully submitted, Cheryl Hill Cheryl Hill LURA Secretary The city makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate i n 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. x Judy Goldsby Vacancy Cami Nelson x Daniel Klein x Cheryl Hill Kurt Markegard Janice Lehman Mardie Spalinger x Forrest Sanderson x Doug Whitney x Dianne Lehm x Dean Rankin x Cody NWE 27 File Attachments for Item: 10. Cemetery Commission Minutes of July 16, 2024. 28 MINUTES CITY OF LAUREL CEMETERY COMMISSION July 16, 2024 PUBLIC IMPUT; none General Items; 1. Approve Minutes of April 16, 2024 minutes; motion by Wally 2nd by Tom, motion pass OLD BUISNESS; 1. Eagle Scout Project; flre pit installed at city cemetery 2. 2. Cement Planter; To m to check electric location 3. 3. New cemetery map foe kiosk; still need a good map NEW BUISNESS; 1. Still working on a box for fiags Meeting started at 5pm adjurned at 5:40 pm motion by Wally 2nd by Tom Members present; Tom Canape, Wally Hall, David Gaslow,, Richard Klose, Matt Wheeler NEXT MEETING October15,2024 29 File Attachments for Item: 11. Tree Board Minutes of September 5, 2024. 30 31 32 File Attachments for Item: 12. Laurel Urban Renewal Agency Minutes of September 23, 2024. 33 MINUTES CITY OF LAUREL LAUREL RENEWAL AGENCY MONDAY, SEPT 23TH, 2024 11:00 AM CITY BOARDROOM A LAUREL RENEWAL AGERNCY meeting was held in City Boardroom and called to order by Cami at 11:00 p.m. on Sept 23th, 2024 COMMITTEE MEMBERS PRESENT: OTHERS PRESENT: General Items: Roll Call Approval of Minutes – Judy made a motion to approve the amended minutes New Business: Project Discussion – Committee went over the pro’s and con’s of leasing and purchasing the light poles. After much discussion and seeing the long-term effects (when the tif district is gone, the cost will be put onto the land owners) we decided to get more information on purchasing the poles. Forrest and Doug will provide pole options at the next meeting. It was also agreed that we need to move forward with a NEW maintenance district and dissolve the current lighting district. We do need to talk to land owners to make sure they are onboard with this district change. Judy made a motion to amend the change for to a qualification, to hire an engineering firm. Mardie 2nd, all in favor Kurt updated us on the budget for Tiff $2,571.67 is spoken for for 2024 Old Business: Next meeting is Oct 7th Announcements: Dianne Lehm will send out an email about the EDA Next meeting 10/7/24 Adjourn Meeting: Cheryl made a motion to adjourn the meeting Judy 2nd at 12:00 Respectfully submitted, Cheryl Hill Cheryl Hill LURA Secretary The city makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate i n 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. x Judy Goldsby Vacancy x Cami Nelson x Daniel Klein x Cheryl Hill x Kurt Markegard Janice Lehman x Mardie Spalinger x Forrest Sanderson x Doug Whitney x Dianne Lehm x LuAnne Engh 34 File Attachments for Item: 13. Resolution No. R24-87: Resolution Of The City Council Approving An Application For Special Review For A Business To Be Called “The Board Of Trade” Authorizing The Onsite Sale And Consumption Of Alcohol On Premises, Within An Existing Structure Located At 117 ½ East Main Street, City Of Laurel 35 R24-87 Special Review for The Board of Trade, 117 ½ East Main Street RESOLUTION NO. R24-87 RESOLUTION OF THE CITY COUNCIL APPROVING AN APPLICATION FOR SPECIAL REVIEW FOR A BUSINESS TO BE CALLED “THE BOARD OF TRADE” AUTHORIZING THE ONSITE SALE AND CONSUMPTION OF ALCOHOL ON PREMISES, WITHIN AN EXISTING STRUCTURE LOCATED AT 117 ½ EAST MAIN STREET, CITY OF LAUREL WHEREAS, The Board of Trade (hereinafter “Applicant"), submitted a Special Review Application for the property located at 117 ½ East Main Street, Laurel MT 59044, which is currently zoned within the Laurel Central Business Zoning District (hereinafter “CBZD”) within the City of Laurel; and WHEREAS, the Applicant seeks to provide for the sale and consumption of alcohol on its premises, within an existing structure located at 117 ½ East Main Street, Laurel MT 59044, to be known as The Board of Trade, more particularly described as Allard Subdivision, Lots 9 and 10, Block 27, Section 9, T. 2 S., R. 24 E., P.M.M., City of Laurel, Yellowstone County, Montana; WHEREAS, the Applicant seeks such Special Review pursuant to and anticipating its purchase and transfer of an All-Beverage Liquor License presently held by Sonny O’Day, Inc. with the State of Montana; WHEREAS, the Laurel Municipal Code authorizes such action upon City Council approval through the Special Review Procedure; and WHEREAS, the Applicant submitted an Application for Special Review to the Laurel- Yellowstone City-County Planning Board (acting as the Zoning Commission) for review and consideration. The Planning Board (acting as the Zoning Commission) considered this matter on September 18, 2024 and recommends the City Council's approval of the Application for Special Review, subject to the following conditions: 1. Any applicable permits, including but not limited to building permits, sign permits, and right-of-way permits must be applied for within twelve (12) months of the approval. 2. Construction of any improvements to the site and building must be completed within twelve (12) months of approval of the Application for Special Review. Applicant may request an extension if necessary. 3. The operation of the business at the site shall not constitute a nuisance. 36 R24-87 Special Review for The Board of Trade, 117 ½ East Main Street 4. Any use of the property not specifically included in this approval or allowable within its underlying zoning district shall be deemed a violation of the Laurel Zoning Code. 5. Any subsequent use or change of use associated with this Application for Special Review shall require Applicant to submit additional documentation to the City of Laurel for subsequent processing and approval or denial. WHEREAS, a public hearing was held on the 18th day of September, 2024, with the Zoning Commission; WHEREAS, the City Council of the City of Laurel hereby finds, based upon the recommendation of the Zoning Commission, Staff recommendation, and public comment gathered at the public hearing of the Zoning Commission, that it is in the best interests of the residents of the City of Laurel to approve the Application for Special Review as provided in the Staff Report and Findings attached hereto, subject to the above stated conditions. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the Application for Special Review to allow the Applicant to provide for the sale and consumption of alcohol on its premises, located at 117 ½ East Main Street, Laurel MT 59044; and BE IT FURTHER RESOLVED that the approval of the Application for Special Review is site-specific to this address, and the approval granted herein is subject to the conditions listed in this Resolution, the Staff Report, and all attachments thereto; FINALLY, BE IT RESOLVED that the Application for Special Review, Staff Report, and all attachments thereto are hereby incorporated as part of this Resolution. Introduced at a regular meeting of the City Council on the 8th day of October, 2024, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 8th day of October, 2024. APPROVED by the Mayor the 8th day of October, 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor 37 R24-87 Special Review for The Board of Trade, 117 ½ East Main Street ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 File Attachments for Item: 14. Resolution No. R24-88: A Resolution Of The City Council Authorizing The Mayor To Execute Amendment 1 And Amendment 2 To The Original Task Order Previously Approved By City Council Via Resolution R 23-81 For The Project Known As The 5th - 7th Sewer Line Replacement With KLJ Engineering, LLC. 62 R24-88 Approve Amendments for Sewer Line Replacement Project RESOLUTION NO. R24-88 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT 1 AND AMENDMENT 2 TO THE ORIGINAL TASK ORDER PREVIOUSLY APPROVED BY CITY COUNCIL VIA RESOLUTION R 23- 81 FOR THE PROJECT KNOWN AS THE 5TH - 7TH SEWER LINE REPLACEMENT WITH KLJ ENGINEERING, LLC. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. Amendment 1 and Amendment 2 to the Task Order for the Project known as the 5th-7th Sewer Line Replacement, copies attached hereto and incorporated herein (hereinafter “Amendment 1 and Amendment 2”), is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute both Amendments on behalf of the City. Introduced at a regular meeting of the City Council on the 8th day of October, 2024, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 8th day of October, 2024. APPROVED by the Mayor the 8th day of October, 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 63 64 Page 1 Exhibit K – Amendment to Task Order 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. This is EXHIBIT K, consisting of [1] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services Task Order dated September 26, 2023. Amendment 1 To Task Order: 5th -7th Sewer Line Replacement 1. Background Data: a.Effective Date of Task Order:September 12th, 2023 b.Owner:City of Laurel, Montana c.Engineer:KLJ Engineering LLC d.Specific Project:5th – 7th Sewer Line Replacement 2. Description of Modifications a. Engineer shall perform the following Additional Services: As outlined in Attached Exhibit A 3. Task Order Summary (Reference only) a. Original Task Order amount: $95,800 b. Net change for prior amendments: $0 c. This amendment amount: $16,200 d. Adjusted Task Order amount: $112,000 The foregoing Task Order Summary is for reference only and does not alter the terms of the Task Order, including those set forth in the Agreement. Owner and Engineer hereby agree to modify the above-referenced Task Order as set forth in this Amendment. All provisions of the Agreement and Task Order not modified by this, or previous Amendments remain in effect. The Effective Date of this Amendment is . OWNER: City of Laurel ENGINEER: KLJ Engineering LLC By: By: Title: Title: Date Signed: Date Signed: 65 Associate Vice President, Municipal June 12, 2024 66 67 68 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement 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 2 pages, referred to in and part of the Task Order Amendment 1 dated _______________. Engineer's Services for Task Order: 5th – 7th Sewer Line Replacement – Amendment 1 PART 1—BASIC SERVICES A1.01 Project Management – Refer to original Task Order Agreement (TO) A1.02 Topography and Boundary Survey: A. Engineer will extend Topographic and Base Drawing services described in the TO to include the alley running north from Kwiki Car Wash to West 1st Street. Additional survey and base mapping will be confined to the alley right-of-way and will include cross sections of the south half of West 1st Street up to 100-feet each side of the alley. B. In addition to services described in TO, Engineer will provide the following: 1. Prepare a preliminary grading design of the alley described above and adjustments that may be needed to the east-west alley between North 5th Street and North 6th Street, as needed to achieve surface drainage away from adjacent buildings. 2. Prepare preliminary cost estimate for Contractor to complete this additional work through a Change Order. 3. Meet with City Public Works Department to review preliminary plan. A1.03 Final Design Phase A. In addition to services described in TO, Engineer will provide the following: 1. Revise the Preliminary Design plan to address input from the City Public Works Department. Prepare final plan and profile sheets to be included as a revision to the current design drawings. A1.04 Bidding or Negotiating Phase – Refer to original TO A1.05 Construction Phase A. Engineer will extend services described in TO to include the following: 1. Coordinate with Contractor and Owner to negotiate a Change Order to include additional work in current construction contract. 2. Provide up to an additional 20 hours of on-site RPR time for observation of additional alley work. 3. Provide one day of additional construction staking to stake alley grading. Engineer’s scope is based on Contractor using single set of stakes for both subgrade and final surfacing. No blue tops are provided. 69 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement 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 A1.06 Post-Construction Phase – Refer to original TO A1.07 Commissioning Phase—Not Included A1.08 Other Services—Not Included PART 2—ADDITIONAL SERVICES – Refer to original TO 70 File Attachments for Item: 15. Resolution No. R24-89: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Red Ridge Construction. 71 R24-89 Approve Independent Contractor Service Contract by and between the City of Laurel and Red Ridge Construction RESOLUTION NO. R24-89 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH RED RIDGE CONSTRUCTION. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract by and between the City of Laurel (hereinafter “the City”) and Red Ridge Construction, 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 Red Ridge Construction on behalf of the City. Introduced at a regular meeting of the City Council on the 8th day of October 2024 by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel on the 8th day of October 2024. APPROVED by the Mayor on the 8th day of October 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 72 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 8th day of October 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 Red Ridge Construction, a contractor licensed to conduct business in the State of Montana, whose address is 615 Idaho Ave, Laurel MT 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 September 24, 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 five thousand eight hundred eighty dollars and no cents ($5,880.00) for the work described in Exhibit A. Any alteration or deviation from the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY’S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City’s personne l policies or handbook and shall not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub - contracts in any dealings between Contractor and any third parties. The City is interested solely in the 73 Page 2 of 5 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. J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles 74 Page 3 of 5 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 m erit and qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. SECTION EIGHT DEFAULT If either party fails to comply with any term or condition of this Contract at the time or in the manner provided for, the other party may, at its option, terminate this Contract and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any other remedy provided by law except for punitive damages. The Parties hereby waive their respective claims for punitive damages. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth in the first paragraph of this Contract. SECTION NINE TERMINATION Either party may terminate the contract for their convenience upon thirty days written notice sent postage prepaid, to the addresses provided herein. 75 Page 4 of 5 SECTION TEN GOVERNING LAW AND DISPUTE RESOLUTION The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days after the dispute arises. If negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the mediator or file suit. SECTION ELEVEN ATTORNEY FEES If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful 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. 76 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 8th DAY OF OCTOBER 2024. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor Red Ridge Construction ATTEST: Employer Identification Number ___________________________________ __________________________ Kelly Strecker, Clerk/Treasurer 77 78