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HomeMy WebLinkAboutResolution No. R24-8611"Nom 11911014 -N -9z'": 1, 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 Donahue Roofing & Siding LLC, 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 Donahue Roofing & Siding LLC on behalf of the City. Introduced at a regular meeting of the City Council on the 24th day of September 2024 by Council Member Sparks. PASSED and APPROVED by the City Council of the City of Laurel on the 20' day of September 2024. APPROVED by the Mayor on the 24th day of September 2024. qTY OF LAURE4L I N \ Dave Waggoner, Mayor T - ATTEST: ........... OM�Ily Stker7berk-Treasurer et SE :. " Z APPROVED AS TO FORM: C 0 Michele L. Braukmann, Civil City Attorney R24-86 Approve Independent Contractor Service Contract by and between the City of Laurel and Donahue Roofing & Siding LLC This Contract is made and entered into this 24h day of September 2024, between the City of Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose address is P.Q. Box 10, Laurel, Montana 59044, hereinafter referred to as "City" and Donahue Roofing & Siding LLC, a contractor licensed to conduct business in the State of Montana, whose address is 3970 Avenue D Suite D, Billings, MT 59102, hereinafter referred to as "Contractor". SECTION ONE A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services described in the Bid dated March 25, 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 nine thousand eight hundred thirty-four dollars and twenty-four cents ($9,834.24) 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 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, 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 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 � 1 Contractor shall indemnify, defend and save City, its officers, agents and employees harFnless 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 r 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 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 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. Either party may terminate the contract for their convenience upon thirty days written notice sent postage prepaid, to the addresses provided herein. Page 3 of 5 SECTION TEN 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. 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. 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 CITY OF LAUREL a Dave Waggoner, Mayo ATTEST: Xe4 Str, r, ClerkJTreasurer 5 of 5 CONTRACTOR Son Siding LLC Employer Identification Number Donahue Roofing and Siding LLC Sales Representative 3970 Avenue D, Rob Walla Suite D (406) 861-4347 Billings, MT 59102 rob.donahueroofing@gmail.com (406) 248-5428 a k s • t. 3rd St Laurel, MT +0< Item Fascia and Soffit partial replacement 1/2" Plywood LABOR 7/8" x 2" sheeting staples Custom Fascia #10-15 x 2" Color matched screws Estimate # 3192 Date 3/25/2024 Qty Price Amount 48 Sheet to replace water damaged sheets existing on soffit. Up to 10 full sheets cut as needed to fit. Labor for removing and replacing water damaged plywood soffit. To affix plywood sheeting to framing members Custom bent fascia 24 GA with designer diamond relief pattern used to cover rakes and to slip under under drip edge for water shedding. Several options for fascia material exist, and this is just one idea, which can be changed for similar costs.(COLOR HERE) Protech steel colors. Bag of 100 Tear Off Labor Gently remove existing thin weathered shakes from the rake angles over the two entrances. Re- install these pieces of thin cedar shake material in areas where it is missing along the eaves. If only half of these shakes survive removal, there will be enough to use in replacement. Aged color of existing shakes will closely match the existing weathered look of the shakes missing form the eaves. Fascia Labor Labor for installing metal fascia on rake angles over the two main entrances where cedar shakes were removed. Staining Stain the plywood to approximate the color of the existing soffit. Includes cost of the stain. Sub Total Total $9,834.24 $9,834.24 Document 1D: E58D1986-D771-4240-8703-9880580777E3 Page 1 of 2 We calculated the cost for the work you have requested on your Project. Thank you for the opportunity to bid on your roofing project, we look forward to working with you in the near future. The scope of work will consist of the following: We propose to remove the weathered wood shakes from the angled roofline rakes above both of the main entrances to the building. These can then be moved to the missing spots in the field along the eaves of the building and re -attached. Many will break in the removal process, but we are predicting enough will be available for re -use on the missing spots of building. The color will match in well since these have been weathering on the building already. New soffit material of a differing but color coordinating style is planned to be placed onto the area where the cedar shakes were removed, and tucked up under the drip edge on these areas to properly shed water. I estimated the use of 24 GA colored steel to be custom bent to attractively fit this area, but many options exist for this fascia material. Up to 10 sheets of plywood will be needed to replace the water damaged sheets of soffit. These will be stained to approximate the existing soffit color and custom cut where needed to fit into the existing profiles of the soffit to be replaced. The remainder of the soffit can be nailed in spots where it is sound but sagging, in order to retightened it to the framing members and to hold it back in place as it is not water damaged anywhere except for these 10 sheets being estimated. f the above woftoe mpleted in a substantial and workmanlike manner according to standard practices for the sum listed above. Paym is to be maupon completion of the project. Date Authorized Signature / Accepted: Any alterations or deviations from the above specifications involving extra costs of labor or material will only be executed upon written order for the same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. You are hereby written to furnish all materials and labor required to complete the work mentioned in the above proposal, for which I agree to pay the amount mentioned on said proposal, and according to the terms thereof. This guarantee shall not become effective until the contractor has been paid in full for said in accordance with agreement. Notice: Balance due after 30 days will be charged 1.5% per month. All costs of collections to include attorney's fees shall be assessed. Accepted by: Docttrten -ID: B58D1986-D771-4240-B703-9B805BO777E3 Page 2 of 2