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HomeMy WebLinkAboutResolution No. R25-85 (2) RESOLUTION NO. R25-85 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH DONAHUE ROOFING & SIDING LLC. 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 23`d day of September 2025 by Council Member Banks. PASSED and APPROVED by the City Council of the City of Laurel on the 23`d day of September 2025. APPROVED by the Mayor on the 23`d day of September 2025. CITY OF LAUREL J A Oowv,�,, Dave aggoner, Ma o ATTEST: °��t ..•�F(qG . :SEAL _ ell 're erk-Treasurer `PJp'••:� 00U RV,►►ray APPROVED AS TO FORM: Michele L. Braukmann, Civil City Attorney R25-— Approve Independent Contractor Service Contract by and between the City of Laurel and Donahue Roofing& Siding LLC INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 23`d day of September, 2025, 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 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 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 9, 2025, 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 fifty-five thousand two hundred sixty-seven dollars and thirty-seven cents ($55,267.37) 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, 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 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 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. Page 3 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. Page 4 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 23rd DAY OF SEPTEMBER 2025. CITY OF LAUREL CO TR OIL M4/AZ-, Dave Waggoner, M r onahue Roofing & Siding LLC ATT T: Employer Identification Number 557 86q w;ffri re141r/cl—erOTreasurer r- 5 of 5 EPDM ROOF ESTIMATE x�, �x��sd_u xzs�:. ROOFING 8 SIDING lLC SEP 08,2025 I _ sw ✓��; fit•.)� 00 770 CITY OF LAUREL • • 802 Sewer Plant R• Laurel, MT 59044 I donaht�eroofing@gmafl.com aosz4ss�zs ENSURING A PERFECT PLAN AND PROCESS. Hi HP, Thank you for considering us for the repairs to your building. Below you will find the estimate for the project,along with some optional upgrade options for potential improvements. The estimate includes the following: 1.Clean existing roofing thoroughly and prepare it to recieve the new mwmbrane 2.Supply and installation of new materials 3.Complete cleanup of the work area 4.Full safety setup and compliance with property requirements 5.Assigned Project Manager dedicated to your project 6.Manufacturer's audit of all completed work 7.20-year material warranty We prioritize safety and want to ensure you are not personally liable in case of any worker injuries.That's why we maintain a rigorous safety program,provide workers'compensation coverage for all employees,and carry$2 million in liability insurance. Once the job is finished,your Project Manager,along with a qualified commercial roofing inspector from the manufacturer, will conduct a thorough quality control audit.This ensures that your project meets our strict standards and is eligible for warranty approval.Rest assured,we will also ensure that the site is left spotless. If you have any questions,please don't hesitate to give me a call.We always strive to provide the best value to our clients. If our estimate is outside of your budget,please let me know,and we will do our best to accommodate your needs. Kind regards, Mitch Donahue donahueroofing@gmail.com 4062485428 ■ I'm Mitch Donahue, owner and founder of Donahue Roofing & Siding. My wife, Melissa, and I started the company in 1997, when _ our kids were just toddlers- now our son, Dylan, is helping to run the place! We have built a team atmosphere here and we're proud of what we do - and what we do is make happy customers. We proudly maintain an A+ rating with the Better Business Bureau. We believe when it comes to your property,you deserve expertise, reliability, and quality. That's exactly what Donahue Roofing &Siding brings to the table. Why Choose Us? • A Local Billings Roofing Contractor-We take pride in being a trusted name in Billings and beyond. Supporting local homeowners and businesses is what we do best. • Lifetime Warranties-With our lifetime warranties,you can have total confidence in the longevity and quality of your roofing investment. • Owens Corning Platinum Preferred Contractor-This prestigious partnership allows us to provide our clients with the best roofing products, combined with exclusive warranties. • Insurance Claims Assistance-We simplify the insurance claim process by working with your provider to get repairs covered quickly. • Affordable Financing Options - Making roofing solutions more accessible is a priority for us.That's why we offer various financing plans to fit your budget. Our Process At Donahue Roofing & Siding, every project follows a clear, streamlined Don"- - t - process designed to keep things simple for you. Contact Consultation Installation Clean-Up Commitment Reach out to us One of our expert We show up on We don't leave a mess Rest easy knowing our to schedule your team members will schedule to complete behind.Our crew work is backed by lifetime free inspection or assess your property the work efficiently ensures your property warranties and your project estimate. and provide tailored and to the highest is spotless when the satisfaction is always recommendations. standard. job is done. guaranteed. ys - � -- �r4. t :V AFF I, {,. -EPDM ROOFI MS MP EPDM is an extremely durable synthetic rubber roofing membrane that is used worldwide. EPDM is available in both ------ . black and white and is sold in a variety of 1� widths and thicknesses. Its superior durability and cost-effectiveness are part of what makes EPDM one of the most popular flat roof systems installed in the U.S. today. � AI � UV ► Durability. Energy Efficiency. UV Resistance. EPDM roofing is known The rubber material used EPDM roofing is resistant for its exceptional for EPDM roofing is a to weather, UV rays, and durability and longevity. It good insulator. One of the extreme temperatures, can last for up to 50 years main advantages of using making it ideal for areas with proper maintenance, EPDM roofs is that they with harsh weather making it a cost-effective keep your building warm conditions. roofing option in the long in the winter and cool in run. the summer. OF "VP lw PRI sk 41 X .�_ .. �•!�' � y w � ����._`Win` &4t ®a Xl r 15-2 Ar it :7ft '•Ems. ,* 1 ��� / b,�iS;.c�:�= •`ram,j�-,?���J��'�L. s T• bi'h. ys�74� � 'C .i�'i ti`ti w :yC T' .. � �.�' 1 ;°• •�L;is 1� • •( t `� ; -� � •� �f,�',�. . ��-..; � ,poi*�- -. . -, • • ram, o,. F � •. r � - � ' VIA r. S ski°��s''�"��i �`.-✓_- ,.� -� A r t bit I'tir�r .1y, 1�� �• low 40F pu l��i�� ra '�� ti�ti•'•�j EPDM COMMERCIAL ROOF SYSTEM Description Commercial(Roofing)-EPDM Roof System EPDM Roofing System Overview&Benefits Ethylene Propylene Diene Monomer(EPDM)Roofing is a proven,highly durable single-ply membrane system ideal for low-slope commercial roofs. Benefits of EPDM Roofing: Exceptional Longevity:Service life of 30+years with proper maintenance. Superior Weather Resistance:Excellent performance against UV,ozone,hail,and thermal cycling Low Maintenance:Minimal upkeep compared to built-up or modified bitumen systems. Flexibility in Cold Temperatures:Remains pliable even in subzero conditions. Energy Efficiency:Installed over high R-value insulation for significant energy savings. Environmentally Friendly:Recyclable materials and low VOC adhesives available. Proven Track Record:Over 50 years of success across millions of square feet installed. Safety Requirements and Building Code Compliance SAFETY FLAGS AND EQUIPMENT ROOF LOAD Setup all Safety flags and load onto roof all equipment needed to perform the roof system installation FALL PROTECTION Setup all proper fall protection and restraints per OSHA standards BUILDING CODE COMPLIANCE All roof work will be preformed in compliance with local city and International building codes specifications SAFETY REQUIREMENTS Crews will maintain safety requirements at all times during the construction process and are licensed and insured Details of roof system installation is as follows: 1 Roof Deck Preparation Inspect the structural deck for moisture,debris,and damage. Clean and prepare the substrate for new materials. Install a 6-mil polyethylene vapor barrier over the deck to prevent condensation. 2 Polyisocyanurate Insulation Mechanically attach R-30 polyisocyanurate rigid insulation boards in staggered rows. Create positive slope to drains as needed with tapered insulation packages. 3 High-Density Cover Board Install 1/2"high-density cover board(glass-faced gypsum)over insulation. This layer improves compressive strength,protects insulation,and enhances fire resistance. 4 Membrane Layout&Placement Roll out 60-mil reinforced EPDM membrane sheets across the prepared substrate. AIIov)membrane to relax to remove wrinkles. 5 Adhesion&Securement Re-use rock ballast for fastening and to save money 6 Seaming&Detailing Tape-seal all field seams,T-joints,and lap edges. Install pre-formed flashing boots at penetrations and corner details. Apply lap sealant to all exposed seams for watertight integrity. 7 Edge Metal&Terminations Install prefabricated perimeter edge metal and coping caps per manufacturer guidelines. Terminate membrane with termination bars and sealant beads at walls and curbs. 8 Final Inspection&Warranty Registration Perform quality control inspections of all seams,flashings,and securement. Clean the roof surface. Register the system for a 20-Year Manufacturer's Warranty covering materials and labor System Summary: 60-mil Reinforced EPDM Membrane R-30 Polyisocyanurate Insulation 1/2"HD Cover Board Ballasted with existing rock 20-Year NDL(No Dollar Limit)Warranty Estimate subtotal $55,267.37 Total $55,267.37 Although the insulation is on this quote as an optional upgrade,it will be neccesssary in order to meet building codes.I told you that I would have it separated out so that is why I did it that way.For the money, the warranty is well worth it as well.Thank you for the opportunity to bid your project! AUTHORIZATION PAGE EPDM Commercial Roof System $55,267.37 Name: HP Nuernberger Address: 802 Sewer Plant Rd,Laurel, MT Estimates valid for 30 days from date of estimate EXTENDED WARRANTY Description Line total ❑ 20-YEAR NDL WARRANTY $882.00 WARRANTY FEE FOR A 20-YEAR NO-DOLLAR-LIMIT SYSTEM WARRANTY FROM MULEHIDE ❑ Mule-Hide Polyiso Flat Roof Insulation $22,733.27 Mule-Hide Polyiso Flat Roof Insulation(5.6"R-30) Customer Comments / Notes HP Nuernberger: Date: TERMS AND CONDITIONS You may cancel this contract from the day you enter into the contract until 10 days after you receive a copy of the contract.You do not need a reason to cancel. If you do not receive the goods or services within 30 days of the date stated in the contract,you may cancel this contract within one year of the contract date.You lose that right if you accept delivery after the 30 days.There are other grounds for extended cancellation.You may contact your consumer affairs office for more information. if you cancel this contract,the seller has 15 days to refund your money and any trade-in,or the cash value of the trade-in.You must then return the goods.To cancel,you must give notice of cancellation at the address in this contract.You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax or personal delivery. I understand that if roof rot is discovered during tear-off DONAHUE ROOFING&SIDING LLC reserves the right to replace sheathing and bill me up to 5200 in addition to the estimated cost below without notifying me in advance. DONAHUE ROOFING &SIDING, LLC will call me for authorization if wood replacement will exceed $200. 1 understand that I must remove items from the interior walls of my building that may be damad or fall due to vibrations from the loading/installation of shingles onto my roof(if applicable),or installation of siding. DONAHUgeE'ROOFING&SIDING, LLC is not liable for such damages. I understand that minor stucco/siding damage may result when the roof is torn off areas where stucco meets my roofs surface, especially where improperly applied. DONAHUE ROOFING &SIDING LLC is not liable for repairing said damage. I understand that any warranty for material used during the project is provided by the material manufacturer. Unless agreed upon otherwise, DONAHUE ROOFING &SIDING, LLC provides a 5-year Workmanship Warranty on portions of the project in which DONAHUE ROOFING &SIDING,_LLC fully replaced any existing products. I understand that, unless agreed upon.This does not apply to products,some of which may deteriorate more rapidly(ie. sealants)and should be inspected on a regular basis,and am not responsible for material shortage and have no claim to material surpluses. I certify that I am the registered owner of the above pro ect property,or have the legal permission to authorize DONAHUE ROOFING &SIDING, LLC to perform the work as stated and agree to pay the total project price. I understand that any insurance claims are sub1'ect to the specific terms and conditions outlined by my insurance company,and may be subject to insurance company approval. I understand that payment in full is due upon completion of work as stated in contract.All invoices not paid in full after 15 days will be subject to a 2%per month interest charge. I understand that approval of my estimate is subject to customer credit approval by DONAHUE ROOFING&SIDING, LLC. I agree that DONAHUE ROOFING&SIDING, LLC may access my credit bureau report(s), trade references,and other credit information prior to granting credit approval. I acknowledge that I have read and understand this page.Initials