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HomeMy WebLinkAboutCity Council Packet 12.09.2025 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, DECEMBER 09, 2025 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. Approve the Minutes of November 25, 2025. Correspondence 2. Police Monthly Report - November 2025 Council Disclosure of Ex Parte Communications Public Hearing 3. Budget Amendment FY 2025-2026 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 December 5, 2025. 5. Approval of Payroll Register for PPE 11/23/2025 totaling $282,499.82. 6. Clerk/Treasurer Financial Statements for November 2025. Ceremonial Calendar Reports of Boards and Commissions 7. Budget/Finance Committee Minutes of November 28, 2025. 8. Laurel Urban Renewal Agency Minutes of November 24, 2025. 9. Laurel Airport Authority Minutes of November 12, 2025. Audience Participation (Three-Minute Limit) 1 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 10. Resolution No. R25-100: Resolution Approving A Memorandum Of Understanding By And Between The City Of Laurel And Beartooth Resource Conservation & Development Area, Inc. 11. Resolution No. R25-101: A Resolution Of The City Council Approving Amendments To Appropriations And Revenues For The City Of Laurel’s Fiscal Year 2025-2026 Budget. 12. Resolution No. R25-102: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Donahue Roofing & Siding LLC. 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. Approve the Minutes of November 25, 2025. 3 4 5 6 File Attachments for Item: 2. Police Monthly Report - November 2025 7 Page 1 of 5 Total Calls City Council Printed on December 1, 2025 [CFS Date/Time] is between '2025-10-27 12:00' and '2025-11-24 11:59' and [Primary Incident Code->Code : Description] All Code : Description Totals 10-15 : With Prisoner 1 1 : Abandoned Vehicle 31 31 : Agency Assist 53 53 : Alarm - Burglary 22 22 : Alarm - Fire 0 0 AMB : Ambulance 95 95 : Animal Complaint 5 5 : Area Check 4 4 : Assault 0 0 : Bad Checks 0 0 : Barking Dog 1 1 : Bomb Threat 0 0 : Burglary 1 1 : Child Abuse/Neglect 2 2 : Civil Complaint 8 8 : Code Enforcment Violation 2 2 : Community Integrated Health 1 1 8 Page 2 of 5 Code : Description Totals : Counterfeiting 1 1 : Criminal Mischief 9 9 : Criminal Trespass 10 10 : Cruelty to Animals 0 0 : Curfew Violation 6 6 : Discharge Firearm 4 4 : Disorderly Conduct 5 5 : Dog at Large 17 17 : Dog Bite 5 5 DUI : DUI Driver 6 6 : Duplicate Call 3 3 : Escape 0 0 : Family Disturbance 18 18 : Fight 2 2 FIRE : Fire or Smoke 17 17 : Fireworks 0 0 : Forgery 0 0 : Found Property 5 5 : Fraud 6 6 : Harassment 3 3 : Hit & Run 2 2 9 Page 3 of 5 Code : Description Totals : ICAC 1 1 : Identity Theft 2 2 : Indecent Exposure 0 0 : Insecure Premises 4 4 : Intoxicated Pedestrian 2 2 : Kidnapping 0 0 : Littering 0 0 : Loitering 1 1 : Lost or Stray Animal 13 13 : Lost Property 5 5 : Mental Health 7 7 : Missing Person 5 5 : Noise Complaint 1 1 : Open Container 0 0 : Order of Protection Violation 2 2 : Parking Complaint 8 8 : Possession of Alcohol 0 0 : Possession of Drugs 0 0 : Possession of Tobacco 2 2 : Privacy in Communications 0 0 : Prowler 0 0 10 Page 4 of 5 Code : Description Totals : Public Assist 44 44 : Public Safety Complaint 7 7 : Public Works Call 5 5 : Report Not Needed 3 3 : Robbery 0 0 : Runaway Juvenile 5 5 : Sexual Assault 5 5 : Suicide 0 0 : Suicide - Attempt 3 3 : Suicide - Threat 4 4 : Suspicious Activity 47 47 : Suspicious Person 12 12 : Theft 26 26 : Threats 6 6 : Tow Call 2 2 : Traffic Accident 15 15 : Traffic Hazard 4 4 : Traffic Incident 9 9 : TRO Violation 0 0 : Truancy 0 0 T/S : Traffic Stop 63 63 11 Page 5 of 5 Code : Description Totals : Unattended Death 1 1 : Unknown - Converted 0 0 : Unlawful Transactions w/Minors 0 0 : Unlawful Use of Motor Vehicle 0 0 : Vicious Dog 2 2 : Warrant 6 6 : Welfare Check 15 15 Totals 682 682 12 File Attachments for Item: 7. Budget/Finance Committee Minutes of November 28, 2025. 13 14 15 File Attachments for Item: 8. Laurel Urban Renewal Agency Minutes of November 24, 2025. 16 17 18 File Attachments for Item: 9. Laurel Airport Authority Minutes of November 12, 2025. 19 20 21 22 23 File Attachments for Item: 10. Resolution No. R25-100: Resolution Approving A Memorandum Of Understanding By And Between The City Of Laurel And Beartooth Resource Conservation & Development Area, Inc. 24 R25-100 Approve MOU Related to Beartooth Resource Conservation RESOLUTION NO. R25-100 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF LAUREL AND BEARTOOTH RESOURCE CONSERVATION & DEVELOPMENT AREA, INC. WHEREAS, the Beartooth Resource Conservation & Development Area, Inc. (hereinafter “the Beartooth RC&D”) has been formally recognized by the U.S. Department of Commerce, Economic Development Administration (hereinafter “EDA”) as a designated Economic Development District (hereinafter “EDD”), and as a District, the Beartooth RC&D has been awarded funding to carry out its Comprehensive Economic Development Strategy (hereinafter “CEDS”); WHEREAS, the City of Laurel, as a participating entity in the District, is requi red to execute a Memorandum of Understanding by and between the Beartooth RC&D and the Yellowstone County Commissioners, in cooperation with the City of Billings, the City of Laurel, and Big Sky EDA; and WHEREAS, the attached Memorandum of Understanding will be, upon approval by the City of Laurel, effective through December 31, 2026. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel, Montana: Section 1: Approval. The MOU by and between the City of Laurel and Beartooth Resource Conservation, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the MOU on behalf of the City. Introduced at a regular meeting of the City Council on the 9th day of December 2025 by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana on the 9th day of December 2025. APPROVED by the Mayor on the 9th day of December 2025. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor 25 R25-100 Approve MOU Related to Beartooth Resource Conservation ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 26 BEARTOOTH RESOURCE CONSERVATION AND DEVELOPMENT AREA, INC. November 16, 2025 RE: Beartooth RC&D MOU Proposed COLA increase Dear Mayor Waggoner and the City of Laurel: Last year, we shared with you that the Beartooth RC&D Board of Directors recommended adjusting the per capita amount charged for Economic Development services. The proposed increase was from 19 cents to 29 cents per capita for the 2026 MOU. In recognition of Yellowstone County's larger population, we suggested a smaller adjustment of 7 cents per capita, bringing Yellowstone's rate to 26 cents. This increase is necessary to help offset expenses that have grown since our last adjustment seven years ago. Expansions to our loan and grant portfolios have significantly raised annual audit costs, while insurance premiums and new software requirements for compliance have added further burdens. At the same time, we are mindful of the budget challenges Yellowstone County and its entities have faced this year. As your partner, we have chosen to defer the increase for one more year. The Yellowstone County MOU-shared among the County, the Cities of Billings and Laurel, and Big Sky Economic Development-will remain at 19 cents per capita for 2026. We plan to implement the increase beginning with the 2027 MOU. Beartooth RC&D continues to leverage funding opportunities that benefit our entire five-county region and meet the needs of our communities. We remain committed to operating as efficiently as possible, and we appreciate your consideration of this adjustment. Please feel free to contact us at 406-962-3914 with any questions. Marissa Hauge, Treasurer Executive Board of Directors ll11Udln1 6trNJl#I' C,,11U111111itln ....A .::.;:. ... 128 So. Main St. P.0. Box 180 Joliet, MT 59041 PHONE 406-962-3914 FAX 406-962-3647 WEBSITE WWW .Beartooth.org 27 28 29 30 31 32 33 34 File Attachments for Item: 11. Resolution No. R25-101: A Resolution Of The City Council Approving Amendments To Appropriations And Revenues For The City Of Laurel’s Fiscal Year 2025-2026 Budget. 35 R25-101 Approve Budget Amendments RESOLUTION NO. R25-101 A RESOLUTION OF THE CITY COUNCIL APPROVING AMENDMENTS TO APPROPRIATIONS AND REVENUES FOR THE CITY OF LAUREL’S FISCAL YEAR 2025-2026 BUDGET. WHEREAS, the City of Laurel (hereinafter “the City”) adopted all funds revenues and appropriations for Fiscal Year 2025-2026 on August 26, 2025; WHEREAS, it is necessary to amend certain budgets as required by Mont. Code Ann. § 7-6-4006(3) and (4); and WHEREAS, the increase in appropriations and revenues are due to unbudgeted amounts that will be offset by a decrease in reserves. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council hereby directs the Clerk-Treasurer to amend the budget as reflected on the attached Exhibit “A” in order to comply with Mont. Code Ann. § 7-6-4006(3) and (4); and Introduced at a regular meeting of the City Council on the 9th day of, December 2025, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 9th day of December 2025. APPROVED by the Mayor the 9th day of December 2025. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 36 R25-101 Approve Budget Amendments APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 37 38 39 File Attachments for Item: 12. Resolution No. R25-102: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Donahue Roofing & Siding LLC. 40 R25-102 Approve Independent Contractor Service Contract by and between the City of Laurel and Donahue Roofing & Siding LLC RESOLUTION NO. R25-102 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. The attached Independent Contractor Service Contract and this Resolution hereby replaces, supersedes, and voids the Independent Contractor Service Contract approved by the City Council pursuant to R25-85. 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 9th day of December 2025 by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel on the 9th day of December 2025. APPROVED by the Mayor on the 9th day of December 2025. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 41 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 23rd 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 su b- 42 Page 2 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 m aterials 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. 43 Page 3 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. 44 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 no t 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. 45 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 23rd DAY OF SEPTEMBER 2025. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor Donahue Roofing & Siding LLC ATTEST: Employer Identification Number ___________________________________ __________________________ Kelly Strecker, Clerk/Treasurer 46 Donahue Roofing and Siding LLC 3970 Avenue D, Suite D Billings, MT 59102 (406) 248-5428 Sales Representative Mitch Donahue (406) 248-5428 donahueroofing@gmail.com *Card payment may incur a surcharge which is calculated at checkout. I N V O I C E HP Nuernberger Job #25D-1525 - City of Laurel Water Plant 2025 802 Sewer Plant Rd, PO BOX 10 Laurel, MT 59044 All Work is completed! Thank you for your business! Enjoy your new roof and please reach out should you need anything. Happy Holidays! Invoice #1183 Date 12/1/2025 Amount Due $78,882.64 Due Date Due on Receipt Item Description Qty Price Amount Laurel Water Treatment Plant Roof $78,882.64 Work Completed All work completed for Job # 25D-1525 ( Resolution # R25-85) 1.00 $78,882.64 $78,882.64 Sub Total $78,882.64 Total $78,882.64 Amount Paid $0.00 Balance Due $78,882.64 47 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 48 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 49 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 50 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 51 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 52 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 53 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 59044I donaht eroofing@gmafl.com aosz4ss zs 54 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 55 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. 56 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. 57 OF VP lw PRI sk 41 X y w Win` 4t a Xl r 15-2 Ar it 7ft 58 Ems. ,* 1 b,iS;.c:= •`ram,j-,?J'L. s T• bi' h. ys 74 ' C .i'i ti` ti 59 w yC T' .. 1 ;°• •L;is 1 t f,',. . -..; ,poi*- -. . -, ram, o,. F 60 r VIA r. S ski°s''"i `.-_- ,. - A r t 61 bit I'tir r .1y, 1 low 62 40F pu l i ra ' titi•'•j 63 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: 64 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 65 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! 66 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: 67 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.Youdonotneedareasontocancel. If you do not receive the goods or services within 30 days of the date stated in the contract,youmaycancelthiscontractwithinoneyearofthecontractdate.You lose that right if you accept delivery after the 30 days.Thereareothergroundsforextendedcancellation.You may contact your consumer affairs office for more information. if you cancelthiscontract,the seller has 15 days to refund your money and any trade-in,or the cash value of the trade-in.You must thenreturnthegoods.To cancel,you must give notice of cancellation at the address in this contract.You must give notice ofcancellationbyamethodthatwillallowyoutoprovethatyougavenotice, 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 68