Service Solicited - 2024 - Syman Erosion & Control - Seeding and Restoration Construction ContractCITY OF EAGLE
CONSTRUCTION CONTRACT FOR
SEEDING AND RESTORATION
This Construction Contract For Seeding and Restoration ("Agreement") is entered into this
27th day of August, 2024, by and between the City of Eagle, an Idaho municipal corporation
("City") and Syman Erosion Control ("Contractor"). The City and Contractor are sometimes
collectively referred to herein as the "Parties."
RECITALS
WHEREAS, the City desires to contract for seeding and restoration work at the Eagle
Shooting Sports Park;
WHEREAS, Contractor is in the business of providing seeding and restoration services and
possesses the requisite qualifications, skills and the experience necessary to provide the services
contemplated in this Agreement;
WHEREAS, City desires to hire and compensate Contractor for labor and material related
to seeding and landscape restoration at the Eagle Shooting Sports Park;
WHEREAS, the Idaho Legislature during its 2023 legislative session passed an act,
codified at Idaho Code § 67-2359, requiring public entities of the State of Idaho to include in
certain contracts for services (including any renewals of such contracts) a written certification that
the Vendor/Contractor is not currently owned or operated by the government of China and will not
for the duration of the contract be owned or operated by the government of China; and
WHEREAS, the Idaho Legislature during its 2021 legislative session passed an act,
codified at Idaho Code § 67-2346, requiring public entities of the State of Idaho to include in
certain contracts for services (including any renewals of such contracts) a written certification that
the Vendor/Contractor is not currently engaged in and will not for the duration of the contract
engage in a boycott of goods or services from Israel or territories under its control.
NOW THEREFORE, and in consideration of the mutual promises contained herein, the
Parties agree to the following:
1. Incorporation of Recitals: The above Recitals are a material part of this
Agreement and are incorporated into the Services of this Agreement by reference as though they
were fully set forth herein.
2. Scope of Work: The Scope of Work to be performed by Contractor and/or its
subcontractors is identified in Exhibit A attached hereto and incorporated herein.
3. Compensation: The Contractor shall be paid for its services in an amount not to
exceed twenty-three thousand four hundred and twenty dollars ($23,420.00) as identified in
Exhibit A for the work performed.
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4. Starting and Completion Dates: Construction to be performed under this
Agreement shall commence no later than September 20, 2024, and shall be completed within 1-
month from mutual execution of this Agreement.
5. Relationship with Subcontractors and Suppliers: The contractual relationships
with any supplier or subcontractor shall be directly with the Contractor. Contractor shall provide
City a list of all subcontractors and suppliers providing labor and/or materials in relation to this
Agreement at the time Contractor submits its invoice for payment.
6. Lien Release: At City's request, Contractor shall obtain Lien Waivers from any
subcontractor or supplier providing services or materials to the Contractor in relation to this
Agreement.
7. Equipment, Tools, Machinery: Contractor shall supply, at Contractor's sole
expense, all equipment, tools, and/or machinery to accomplish the services to be provided under
this Agreement.
8. Payment: The Contractor shall submit an invoice for payment to Eagle City Hall,
P.O Box 1520, Eagle, Idaho 83616. Payment of Contractor's invoice cannot be made until a copy
of Contractor's W-9 is provided to the City. Payment shall be made within thirty (30) days of
receipt invoice. Should the 30th day fall on a weekend, the payment shall be due the following
Monday. An additional charge of 1.5% per month shall accrue per month of unpaid balance.
9. Taxes: The Contractor assumes full and sole responsibility for payment of state
and federal income tax, withholdings, social security, and other payroll taxes on any income
attributable to the Contractor arising from compensation provided under this Agreement. As such
the contractor shall be required to submit a completed W-9 prior to payment of its invoice.
10. Independent Contractor: At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of the City. City shall
have the right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement. Contractor shall supervise and direct all the work to the best of its
ability and is solely responsible for all construction including the techniques, sequences,
procedures and coordination of all work needed to accomplish the construction services to be
rendered under this Agreement. Contractor shall indemnify the City against any liability arising
out of an allegation or finding that Contractor is not an independent contractor.
11. Contractor not Agent: Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement, to bind
City to any obligation whatsoever.
12. Nondiscrimination: Contractor agrees not to discriminate against any person
because of race, color, religion, sex, national origin, age, disability or marital status in any activity
for which Contractor is providing services under this Agreement.
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13. Indemnification: Contractor agrees to indemnify and save and hold harmless City
from and for any and all losses, claims, actions, judgment for damages, or injury to persons or
property and losses and expenses and other costs including litigation costs and attorney's fees,
arising out of, resulting from, or in connection with the performance of this Agreement.
14. Notice: Communication between the Parties regarding day-to-day matters shall
occur via e-mail or telephone. For Clarification on or direction regarding day-to-day matters. All
other notices required to be given by either of the Parties shall be in writing and be deemed
communicated when personally served, or mailed in the United States mail, addressed as follows:
CITY OF EAGLE:
City of Eagle
Attn: City Clerk
660 E. Civic Lane
P.O. Box 1520
Eagle, ID 83616
Phone: 208-939-6813
CONTRACTOR:
Syman Erosion Control, LLC
2101 Delta Drive
Nampa, ID 83687
k.lyman@symancomapny.com
208-287-8420
15. Compliance with Laws: Each party shall comply with all applicable Federal, State
and local laws and regulations related to the performance of the Scope of Work pursuant to this
Agreement. If any provisions of this Agreement or the Scope of Work are at variance witch such
laws, ordinances, rules, regulations or orders, Contractor shall notify City promptly on discovery
of such variance.
16. Assignment: This Agreement may not be assigned or delegated by either party
without prior written consent of the other party.
17. Attorney's Fees: The prevailing party in any claims or disputes arising out of this
Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief which
a court of competent jurisdiction may award.
18. Entire Agreement: This Agreement and the attached Exhibit A constitutes the
entire agreement between the Parties relative to the subject matter hereof. However, if there is a
conflict between any term in this Agreement and a term contained in Exhibit A the terms of this
Agreement shall govern.
19. Statements or representations of any kind not embodied herein shall be of no force
or effect. This Agreement may only be modified in writing.
20. Governing Law: This Agreement will be construed in accordance with the laws
of the State of Idaho.
21. Heirs and Assigns: This Agreement and the terms and conditions hereof shall
apply to and are binding upon the heirs, executors, administrators and assigns of the parties hereto.
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22. Severability: If any part of this Agreement is held to be invalid or unenforceable,
such holding will not affect the validity or enforceability of any other part of this Agreement so
long as the remainder of the Agreement is reasonably capable of completion.
22. Statutory Certifications: In accordance with Idaho Code Section 67-2359
Contractor hereby certifies that it is not owned or operated by the Government of China, as defined
in said code section, and that during the Term of this Agreement it will not be owned or operated
by the Government of China. In accordance with Idaho Code Section 67-2346 Contractor hereby
certifies that it is not currently engaged in, and during the Term of this Agreement will not engage
in, a boycott of goods and services from Israel or territories under its control as defined in said
code section.
23. Approval: The City and Contractor each acknowledge that this Agreement, even
though agreed upon by the City's representatives, is not binding upon the City until such time as
the Eagle City Council approves this Agreement and authorizes the Mayor to execute this
Agreement on behalf of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
CITY OF EAGLE:
A,
Brad Pike, Mayor`
AA i EST:
4
Tracy E. O'•orn, City Clerk
CONTRACTOR:
Kay Lyn Govffter i'-'-
Symandicc,
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EXHIBIT A
Scope of services
Project Naar
Eagle Shooting Sports Park
Customer Intorno*an
City of Eagle
Nacho& Bard Spencer
Project kaaflnlUOn
Project City Eagle
Sent Date 6/20I2024
QUOTE
Propct Number 241074
Date 8/20f2024
Estimator Ytintnalion:
Name Nate Burch
Phone (2011) 207-11420
Internal Location Nampa
Estimator Email
n. bunchasynta.c am pany-corn
MATERIAL AND INSTALLATION PRICING
quantity
Unit
Unit Cost
Total
Straw Wattle
9" Dior. a 20' ble king 8oidegradeabNetting Straw
Wattle. with 1t" Wood Stakes, 5' O.C. Spacing
3.200
LF
52.60
N.320.00
Mobil zaton
Job Crew and Material to Job Site
2
EA
5335 00
6670.00
ESTNATEDNIP
NLTAL.AT1N TOTAL
f11,8f0.00
HYDROSEED PRICING
quantity
Unit
Unit Cost
Total
Hydroseebrq
Hydroseed Engineers Specrfed Seed Mix with
Mulch, Tac 6 Fertlaer - Includes Soil Testing
5.00
AC
$2,819.00
614.09500
Hythoseed
Mobe
Seed Crow and Material to Job Site
1
EA
f335.00
5335.00
ESTWT®NYONGilB3)
TOTAL
•µ430.110
n.. e=.. 0,e rn v... M err
�............. /t...o A, am..... s.w...s.r
e.......,,w wp..r....,oust
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Project Conditions
Mobilraoon includes material delivery for incra4aaonrenweal and crew transporotion for one crew to 'abut o nca/Wemove We spathe more dun one mob*
may be req./red to compere BMP prgeca Mobe fee anal be applied each nine Syman Inc. is mobilized o the ore at the request of the Cwvactor
Hydroseecing includes specified seed not and appropriate fertilizer, tac and net rived as per acre. flybuseedirg pnoe does NOT ockude warranty work Pace
does nos include weed abaternam or other work ieenw related o noting other dun what s dincdy stated Conoaoror 10 provide tame weer source o supply
water to htdroseeder (4000 gallant con.) at no additional charge to Syman Inc Additional amendments may be rettanerdcd per not rest and the owner will be
revertible for choosing to add additional soil amendments and will be responsible for requesting charge order omma for any addtonal amendments
Fees associated watt Chem requested inspection consultation from Syman Cevofad Personnel will be billed a 117Shr
5y01ae Inc reserves the right o modify pnag after 365 days o adpssr for any material Of labor cow escalation. In the meor of any changes. Syman wit rescue a
new quote and Work Order Authorization for approval
Should any changes in pnce Of quanOW be neMtd dieing the work Syman of de dims well be notified of the lunge n scope. 0 the protect transfers ownership a
any given time or for any given reason a new game and Work 0 *, Authorization wit be rrissuue for approval. Should the cone -actor approve the changes o the
contract in lung, the Merges agreed upon between Syman and the Corvaaw nil be considered a par of this contract Signing this contract coWrs as kmae
charges acton.d in wrv1g, including email and teat as agreed upon by de Co.m,..or
PLEASE KEEP QUOTATION CONFIDENTIAL IIHTII AFTER BD OPENING
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