Service Solicited - 2024 - Rose Masonry Construction LLC - Construction Contract for Historic MasonryCITY OF EAGLE
CONSTRUCTION CONTRACT FOR
HISTORIC MASONRY
T is Co struction Contract for historic masonry ("Agreement") is entered into day
of 2024, by and between the City of Eagle, an Idaho municipal corporation
("City") and Rose Masonry Construction LLC ("Contractor"). The City and Contractor are
sometimes collectively referred to herein as the "Parties."
RECITALS
WHEREAS, the City desires to contract for masonry services, for repairs to the historic
chimney on the City owned facilities commonly referred to as the "Orville Jackson House" and;
WHEREAS, Contractor is in the business of the provision of masonry and construction
services, and is believed to posses the requisite qualifications, skills and the experience necessary
to provide the construction services contemplated in this Agreement;
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
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 six thousand eight hundred thirty-three dollars and twenty cents as identified in Exhibit A
for the work performed.
4. Starting and Completion Dates: Construction to be performed under this
Agreement shall commence within 30-days of contract execution 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
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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.
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.
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.
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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: CONTRACTOR:
City of Eagle Rose Masonry Construction LLC
Attn: City Clerk Attn: Stephen Clow
660 E. Civic Lane 3915 W. Lamont Rd
P.O. Box 1520 Meridian, ID
Eagle, ID 83616 e-mail: rosemasnoryllc@gmail.com
General email: adunn@cityofeagle.org 208-340-3710
Accounts payable: finance@cityofeagle.org
Phone: 208-939-6813
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.
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.
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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:
CONTRA€TOR:
BradPike, Mayor d Stephen Clow, owner
Rose Masonry Construction LLC
ATiTEST:
Tracy E. Osborn, City Clerk
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ROSE MASONRY CONSTRUCTION LLC
3915 W Lamont Rd
Meridian, ID 83642
(208) 323-1622
Estimate
EXHIBIT A
ADDRESS SHIP TO ESTIMATE # 2078
Alana Dunn Historical Orville Jackson DATE 08/14/2024
City of Eagle House EXPIRATION DATE 08/28/2024
660 E Civic Lane 127 S Eagle Road
Eagle, Idaho 83616 Eagle, ID 83616
United States
PROJECT
Chimney restoration
ACTIVITY QTY AMOUNT
Masonry Services 1 0.00
This is for the following scope of work:
- Tuck point the chimney at the front of residence. This is to include the entire
structure pertaining to brick veneer. Cap has been excluded at this time.
- Remove and replace loose brick at the top of chimney structure.
- Cut a channel at the top of brick/bottom of cap to allow for a stainless steel
drip edge to be placed allowing for better drainage and water control. Stainless
to be color coated in a matte black to blend with existing. Drip edge is to be set
into silicone based caulking to blend with existing.
- Blend mortar to be similar in strength and color to the most recent tuck
pointing provided on the residence.
- Low pressure non detergent cleaning of all work areas to allow for new work
to blend with existing.
Equipment and Tools 1 2,328.75
This is to include the cost of aerial lift for the duration of one week. All
personnel will be aerial lift certified and use 100% tie offs while operating
working platform.
This option was elected to prevent damage to the residence, safety of
personnel, and belief it will be a more cost effective method as compared to
erecting scaffold.
Equipment and Tools 1 493.75
This is for the use of all equipment related to grinding out existing joints, mixing
of mortar to resemble existing, and tuck pointing accessories.
All grinding will be done in manner which will contain majority of the dust. This
will be done to comply with OSHA regulations and for the safety of employees
and public nearby.
Stephen Clow, owner • rosemasonryllc@gmail.com • cell 208.340.3710 • www.rosemasonryidaho.com
ACTIVITY QTY AMOUNT
Material 1
This is for the use of mortar that is to be similar to the previous installations. It
is my opinion that the residence was tuck pointed with type N mortar after its
initial completion date. Color to be added to blend with existing.
The brick have tolerated the modern mortar up to this point and I believe it is a
safe method to continue moving forward.
Standard type N to be used with a supplemental amount lime to reduce mortar
strength. This will make mortar more compatible with what was most recently
used.
* No guarantee or warranty can be made unless mortar and brick have been
tested to reveal strength/properties of each component mentioned. Please see
the additional quote provided (estimate 2079) to show cost for each sample
needed.
* No supplemental brick have been included in this proposal. Some areas of
chimney were not able to be visualized due to stability of roof. Supplemental
material have not been included if the need arises.
Labor
This is for the cost of labor of one Journeyman mason. Mason to be
experienced in historical restoration with a great deal of experience in this field.
Labor
This is for an apprentice mason to assist journeyman in the restoration effort.
All services will be under warranty for one year from date of
completion with the acceptance of both proposals. Work that will not
be covered is related to damage caused by other trades, excessive
movement of the structure, or damage from weather related incidents.
SUBTOTAL
TAX
TOTAL
Accepted By Accepted Date
24
24
187.50
Subtotal: 3,010.00
2,124.00
1,699.20
Subtotal: 3,823.20
6,833.20
0.00
$6,833.20
Stephen Clow, owner • rosemasonryllc@gmail.com • cell 208.340.3710 • www.rosemasonryidaho.com