Service Solicited - 2024 - Madison Roofing - Jackson House Roof Replacement Construction ContractCITY OF EAGLE
CONSTRUCTION CONTRACT FOR
ROOF REPLACEMENT
This Construction Contract For roof replacement ("Agreement") is entered into this 11-
day of December 2024, by and between the City of Eagle, an Idaho municipal corporation ("City")
and Madison Roofing ("Contractor"). The City and Contractor are sometimes collectively referred
to herein as the "Parties."
RECITALS
WHEREAS, the Orville Jackson House is on the National Register of Historic Places and
the City desires to initial work to restore and preserve said structure as it is now owned by the
City; and
WHEREAS, the City desires to contract for the provision of materials and installation of
roof replacement on the City owned structure commonly referred to as the Orville Jackson
House, located at 127 S. Eagle Road Eagle, Idaho; and
WHEREAS, Contractor owns and operates a commercial construction business and
possesses the requisite qualifications, skills and the experience necessary to provide the
construction services contemplated in this Agreement; and
WHEREAS, City desires to hire and compensate Contractor for labor and material costs
for the work to provide and install roofing materials at 127 S. Eagle Road;
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 & Change Order Provision:
A) Compensation: Subject to the Change Order provisions of subsection B below, the
Contractor shall be paid for its services in an amount not to exceed forty-five thousand one
hundred dollars ($45,100.00) as identified in Exhibit A, for the work performed.
B) Change Order Provision: The City may, in its sole discretion, grant one Change Order
in an amount not to exceed three thousand five hundred dollars ($3,500) if Contractor encounters
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unforeseen hidden damage (e.g. damaged sheeting, rotting materials, etc.). The Contractor shall
notify the Public Works Director in writing of any unforeseen damage encountered. The Mayor
may authorize the Change Order which shall be executed by both Parties.
Should the Contractor seek to change the Scope of Work (exhibit A), beyond the Change
Order Provision, Section 3B, the request must be made in writing and will require action by the
Council. No work will be approved prior to approval by the City Council and the authorization of
an addendum to this agreement.
4. Starting and Completion Dates: Construction to be performed under this
Agreement shall commence no later than April 15, 2025 and shall be completed within sixty (60)
days from start unless otherwise mutually agreed to in writing by both parties.
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. Insurance: The Contractor shall provide general liability insurance, and other
insurance as required by statute, in statutory minimums.
8. 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.
9. 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.
10. 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.
11. 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
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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.
12. 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.
13. 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.
14. 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.
15. 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
Attn: Public Works Director,
Eric Ziegenfuss
Madison Roofing
Attn: Hans Weikl
660 E Civic Ln / PO Box 1520
1101 West Wright Street
Eagle, ID 83616
Boise, ID 83705
208-939-6813
208-344-5379
Email (general):
eziegenfuss@,cityofeagle.org
Email (general):
info@madisonroofmg.com
Direct line: 208-489-8795
Email (financial): finance@cityofeagle.org
16. 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.
17. Assignment: This Agreement may not be assigned or delegated by either party
without prior written consent of the other party.
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18. 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.
19. 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. 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
Madison Roofing 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.
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.
24. 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:
Brad Pike, Mayor
ATTEST:
CONTRACT
Haneikl
Madison Roofing
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Tracy E.`3 s.orn, City Clerk
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EXHIBIT A
SCOPE OF WORK:
Roof Replacement Orville Jackson House
Job Location:127 S. Eagle Rd., Eagle, ID 83616
Re -roof for the "Orville Jackson House" with CSSB-Certified Cedar Shingles.
Inclusions:
* Remove the existing roof covering and discard
* Furnish and install new "#1 16" Cedar Shingles"
* Install new cedar starter course
* Install new prefinished W-style valley metal
* Install new "#1 Cedar Ridge Shingles"
* Install new roof to wall flashings as needed
* Install new pipe flashings
* Install a new Power Attic Fan
* Install a PVC vinyl roof liner in dormer cricket on east side
* Clean existing gutters of dirt and debris
* Disposal Fees
* Complete job site cleanup
* 3-year Workmanship Warranty
Materials and accessories per industry standards
Total: $ 45,100.00
Additional charge:
Damaged sheeting replaced at$ 10.00 per linear foot if needed. Prior authorization by
the City required, see Section 3B "Change Order Provision" of agreement.
Certificates of insurance to be provided prior to work beginning
Contract shall confirm that all contractor employees are covered by workers
compensation and liability insurance