Service Solicited - 2024 - Anvil Fence Company - Fencing Construction ContractCITY OF EAGLE
CONSTRUCTION CONTRACT FOR
FENCING
This Construction Contract For Fencing ("Agreement") is entered into this 27th day of
_August 2024, by and between the City of Eagle, an Idaho municipal corporation ("City") and
Anvil Fence Company ("Contractor"). The City and Contractor are sometimes collectively
referred to herein as the "Parties."
RECITALS
WHEREAS, the City desires to contract for Provision of materials and installation of
fencing at the Eagle Shooting Sports Park;
WHEREAS, Contractor is in the business of providing fencing installation and possesses
the requisite qualifications, skills and the experience necessary to provide the construction services
contemplated in this Agreement;
WHEREAS, City desires to hire and compensate Contractor for labor and material costs
for the work to provide and install perimeter fencing 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 forty nine thousand five hundred and eighty three dollars ($49,583.00) 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 9, 2024, and shall be completed within one
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:
Anvil Fence Company
106 E. 40th Place
Garden City, ID83714
office@anvilfence.com
208-375-6767
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. Attornev'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.
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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.
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. 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.
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: CONTRACTOR:
AA)
Brad Pike, Mayor Sherman Leibow, Chief Fence Officer
Anvil Fence
ATTEST:
Tracy E. Osborn, City Clerk
https://anvilfence-my.sharepoint.com/personaujen_anvilfence_onmicrosoft_com/documents/fencing contract (city atty).docx
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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.
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. 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.
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: CONTRACTOR:
Brad Pike, Mayor
AT EST:
Tracy E. Osborn, City Clerk
Sherman Leibow, Chief Fence Officer
Anvil Fence
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Location & Mailing Address:
106 E. 46th Place
Garden City, Idaho 83714
ID Contractor #RCE-58368
OR Contractor #247789
ID PWL #058096-B-4 (02820)
EXHIBIT A
SCOPE OF WORK
ANVIL
FENCE COMPANY
Since 1961
PROPOSAL TO City of Eagle - Shooting range
ADDRESS 660 E. Civic Ln. Eagle, ID 83616
ATTN Eric Ziegenfuss PHONE 208-489-8795
ADDITIONAL INFO
Phone: (208)375-6767
Email: office@anvilfence.com
YWCA
We proudly support the
Women's and Children's Alliance
wcaboise org
DATE REV 08/14/2024
JOB SITE Eagle shooting sports park
EMAIL eziegenfuss@cityofeagle.org
PREPARED Br BA
This quotation is valid for five (5) business days. Pricing subject to change, based on material cost and availability.
Anvil Fence to provide and install 1.004' of 6' tall, 9 gauge, heavy-duty, black, PVC -coated chain link fence, mounted on
heavy-duty, 40-wall framework.
Anvil Fence to provide and install 987' of 4' tall, four -strand, black, vinyl coated, four point barbed wire fence, mounted on
studded T-posts. Anvil Fence to provide and install three (3) H-Braces with black, heavy-duty, 40-wall framework.
This proposal includes one (1) 16' chain link double -swing gate, mounted on heavy-duty, 40-wall framework.
$49,583 00 Total
NOTES: No other work included in this bid. Bid does not include Davis Bacon Wages or Buy American unless specifically stated above. Any work not stated
in above description will be an additional charge, upon approval by customer.
ACCEPTANCE OF PROPOSAL
The undersigned customer accepts the fencing proposal on the terms and conditions as stated on Conditions Page and below
ACCEPTED
Approved by
As Agreed
Terms of Payment
NOTE: There is a 3% convenience fee
if paid with Credit Card.
THANK YOU! WE APPRECIATE THE OPPORTUNITY TO QUOTE YOUR PROJECT!
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Mailing Address:
106 E. 46th Place
Garden City, Idaho 83714
Location:
Chinden & 46th Place
(between 46th & 47th Streets)
FENCE COMPANY
Since 1961
Phone: (208)375-6767
Email: office@anvilfence.com
ID Contractor #RCE-58368
OR Contractor #247789
ID PWL #058096-B-4 (02820)
THESE ARE IMPORTANT CONDITIONS OF THIS PROPOSAL.
PLEASE READ AND SIGN BELOW.
o All installations will be performed in a workmanlike manner and in accordance with
professional standards.
o You, the Customer, are responsible for obtaining a fence permit, should project require.
o You, the Customer, are responsible for locating, staking, and clearing all fence lines.
p Anvil Fence Company will not locate property boundaries. We put the fence where you, the
Customer, direct us to. If fence needs relocated, Anvil Fence Company will not, in any way,
assume responsibility for this relocation.
o Anvil Fence Company WILL notify Digline to mark underground, public utilities. You, the
Customer, are responsible to have any private utilities located. Anvil Fence Company will not
be held liable for any damage or extra cost of any nature due to underground obstruction
(including sprinkler systems and sewer lines).
o Anvil Fence Company will provide certificates of Commercial Liability Insurance and
Workman's Compensation upon request. We encourage this for all work performed on your
property by self-employed contractors or sub -contractors.
0
O All materials will remain the property of Anvil Fence Company until all invoices pertaining to
this job are paid in full. Right of access and removal is granted to Anvil Fence Company In
the event of nonpayment under the terms of this contract.
o The customer agrees to pay any and all costs incurred in the collection of this debt.
O We look forward to bringing our quality service and materials to your fencing project.
NOTE: For your convenience, Anvil Fence Company accepts the following payments: Cash, Check,
Credit Card, Debit Card, and ACH payments. There is a 3% convenience fee for Credit Card payments.
If payment is a Debit Card, the card must be brought into our office for processing.
OWCA
We proudly support the
Women's and Children's Alliance
wcaboise.org
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