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Service Solicited - 2023 - Engineered Structures, Inc. dba ESI-Express - Eagle Senior Center Remodel E-1SERVICE AND MAINTENANCE—SPECIAL PROJECTS DIVISON . PRESS' 3330 E.Louise Dr.Suite 300 Meridian,Idaho 83642 SERVICE DIVISION Phone(208)362-3040 FAX(208)362-3113 www.esi-express.com PROPOSAL AND AGREEMENT TO CONTRACT Date: 10-05-2023 CONTRACTOR: Engineered Structures,Inc.,dba ESI-Express OWNER: Eagle Senior Center 3330 E.Louise Dr.,Ste.300 312 E State St. Meridian,ID 83642 Eagle,ID 83616 Phone: (208)362-3040;Facsimile(208)362- 3113 Contractor Representative: Dalton Gates Owner Representative: Arielle Carington PROJECT: Eagle Senior Center Remodel Proposal Electrical: • Removal of 41 surface mount 2x4 fixtures • Removal of 7 surface mount 2x4 emergency fixtures • Disposal of fluorescent tubes • Disposal of fluorescent fixtures • Removal of 2 1 x2 fixtures • Installation of 41 1 x4 surface mount LED wrap fixtures • Installation of 7 lx4 surface mount LED emergency wrap fixtures • Installation of 2 1x2 surface mount LED fixtures • Removal and reinstallation of 4 ceiling fans • Removal and reinstallation of 4 ceiling mounted speakers after ceiling finish • Removal and reinstallation of 8 ceiling mounted smoke detectors • Bury all exposed conduit as necessary Electrical Total: $19,150.00 Painting: • Prepare,prime and paint interior ceiling • Color: Sherwin Williams Pro Mar 200(flat)Extra White Painting Total: $9,149.00 Drywall: • Demo/remove all current ceiling tiles • Installation of'h"ceiling drywall • Mud, level 4 with orange peel finish. Drywall Total: $14,000.00 ESI Supervision: $1,500.00 "Experience ... Service ... Integrity" LICENSES:AK,AR,AZ,CA,CO,CT,HI,IA,ID,IL,IN,KS,KY,LA,MA,MD,ME,MN,MO,MT,ND,NE,NV,NM,OH,OK,OR,PA,SC,SD,TX,UT,VT,WA,WI,WY AK#27938 AZ ROC 132139 CA#696242 HI BC-29254 ID RCE-3108 NM#88125 NV#242658 OR CCB#77160 TERMS AND CONDITIONS OF PROPOSAL AND AGREEMENT TO CONTRACT • Superintendent/PM presence to insure project timelines are met,and teams are adhering to both the safety and quality standards required by ESI TOTAL BID: $43,799.00 Exclusions: Unforeseen circumstances,Tax,concrete repairs,plumbing rough outs,cabinet boxes **Utilizes same appliances as previous renovations** Statutory Certification. In accordance with Idaho Code Section 67-2359 Engineered Structures,Inc.dba ESI-Express hereby certifies that it is not owned or operated by the Government of China,as defined 'tt said code section,and that during the Term of this Agreement it will not be owned or operated by the Government of China. SCOPE OF THE AGREEMENT This Agreement represents the entire and integrated agreement between Engineered Structures,Inc.dba ESI-Express("ESI")and the Owner and supersedes all prior negotiations,representations,or agreements,either written or oral. This Agreement may be amended only by written instrument signed by both ESI and Owner. Neither the rights nor duties of this Agreement may be assigned or delegated by a party without prior written consent of the other party. 1./cditJ/t OWN (Si attire) CONTRACTOR(Signature) Engineered Structures,Inc.dba ESI-Express lP"te / (SV, . Dalton Gates, Service Manager (Printed name,title and address) lite e a v ft ul. (Printed name and title &lie, SCI $3‘11. Page 2 of 3 TERMS AND CONDITIONS OF PROPOSAL AND AGREEMENT TO CONTRACT ARTICLE 1 THE WORK OF THIS CONTRACT §1.1 The Contractor shall!Idly execute the Work described in the Contract Documents,except to the event specifically indicated in the Contract Documents to he the responsibility of others The tam"Work"meats the consumes'.and services required by the Contract Documents,and includes all other labor,materials,equipment and services provided,or to be provided.by the Contractor to fulfill the Contractors ebltgations. ARTICLE 2 DATE OF COMMENCEMENT §LI The date of commencement of the Work shall be the date this Proposal and Agreement to Contract is executed by Owner,unless a different date is stated in the Proposal and Agreement to Contract Cover Sheet ARTICLE 3 CONTRACT SUM §3.1 Subject to additions end deductions in accordance with Article S.the Connect Sum shall be the Total Bid amount stated in the Propose!and Agreement to Contract Cover Sheet. ARTICLE d PAYMENT §4.1 The Owner shall make payment within fifteen(15)days of receipt of Contractor's Application for Payment.No menage shell be withheld by Owner.Payments due ad unpaid shall bear interest Born the date payment is due at IS%interest.Waiver of interest es to any month by Contractor shall not be deemed a waiver of inure interest charges. ARTICLES INSURANCE §5.1 Contractor shall provide general liability insurance and other insurance as required by statute,in statutory minimum ARTICLE 6 INFORMATION AND SERVICES REQUIRED OF THE OWNER §6.1 If requested by the Contractor,the Owner shag furnish all necessary surveys and a legal description of the site. §6.2 The Owner shall obtain and pay fin any and oft necessary permits,fees,easements,assessments and charges—including tests,inspections and approvab of the Work required by the Contract Documents or by laws. statutes,ordinances,codes,rules and regulations,or awfkl orders of public authorities. §63 The Owner will promptly interpret end decide matters concerning performance under,and requirements of;the Contract Documents on written request from either the Contractor.lnterpreaiers and decisions of the Owner will be consistent with the Contract Documents and will be in writing or in the form of drawings. ARTICLE 7 CONTRACTOR §7.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner and promptly report errors,inconsistencies or omissions discovered to the Owner. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design profesionel. §7.2 The Contractor warrants to the Owner that:(I)material and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documennt,,(2)the Work will be flee from defects not inherent in the quality required or permitted;and(3)the Work will conform to the requirements of the Contract Documents. §7.3 Unless otherwise agreed in wining,the Contractor shall pay sales,consumer,use and similar noes that are legally required when the Contract is executed. §7A The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work.The Contractor shall promptly notify the Owner in writes of my known inoonsistacies in the Contract Documents with such governmental laws,rules and regulations.If the Contractor performs Work knowing it to be century to applicable laws,statues,ordinances,codes,tubs and regulations,or lawful orders of public authorities,the Contractor shall assume full responsibility for such Work and shall bear the attributable costs unless,after having notified the Owner,either the Owner or Authorities having jurisdiction order or direct the Contractor to complete said Work. §73 The Contractor shall confine operations at the site to areas permitted by law,ordinances,permits,the Contract Documents ens and the Owner. §7.6 The Contractor shall be responsible for tuning,fitting or patching required to complete the Work or to make its pans fit together properly. §7.7 The Contractor shall keep the premiere and:mounding area free from accumulation of debris and trash related to the Work.At the completion of the Work,the Contractor shall ante its tools,construction equipment, machinery and surplus material;and shall properly dispose of waste minable. §7J To the tidiest esen permitted by law,the Contractor shall indemnify and hold harmless the Owner and Owner's agents end employees from and against chain,damages,losses and expenses.Including but mot limited to attorneys'fees,arising out of or resulting from performance of the Work,provided that such claim,damage,Into or expense is attributable to bodily injury,sickness,disease or dealt or to injury to or destruction of tangible property(other than the Work isdf but only to the extent arred by the negligent acts or emissions of to Contractor,a subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,regardless of whether or not such claim.damage,its or espouse is caused in pat by a patty indenifed hereunder. In the event of concurrent negligence of Contractor,its agents,employees or subcontractors,and that of the Owner or its contractors,which concurrent negligence results in injury or dunnage to perms or property aid relates to the construction.alteration.repair addnion to,subtraction from.improvement to or maintenance of the property.or the improvenumns to be constructed in accordance with this Connect,Contractor's obligation to indemnify Owner es set bath in this paragraph shall be limited to the extent of Contractor's negligence and that of its agents,employees,invitees,licensees or subcontractors,including Contractor's proportional sure based upon each parties negligence of costs,money's fees and expenses incurred in connection with any claim action or proceeding brought with the respect to such injury or damage.Should Contractor be required to investigate MI defend any action pursuant to this Section 7.5 that are subsequently my determined not to be the responsibility of the Contractor,a Subcontractor,anyone directly employed by there,or anyone for whose acts they may be liable,Owner shell then reimburse Contractor its costs including any applicable insurance ' deductible,atom ey's fees and other related expenses. ARTICLE$ CHANGES IN THE WORK a Rs The Owner,without invalidating the Contract.may order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and Contract Time being adjusted accordingly in writing.If the Owner end Connector cannot agree toe change in the Contract Sum,the Owner shall pay the Contractor is actual cost plus overhead and profit of fifteen percent(1556). §S.1.1 Hay changes contemplated by§1.1 are to be performed by a related party,the Contractor shall notify the Owner of the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred.If the Owner,after suds notification,authorizes the lunge,tea the cost enured drag be included as an actual cost and the Contractor shag procure the Work.equipment, goods or service from the related party,as a Subcontractor.Ifthe Owner frail to authorize the transaction,she Contractor shall procure the Work equipment,goods or service form some person or entity other than a related party.For purposes of this§S.l.I,a'related party"shall mean a parent,subsidiary,affiliate or other entity having consume ownership or mnagement with the Contractor. §8.2 The Owner will have authority to order minor changes in the Work not involving changes in the Contract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents. §1.3 If concealed or tmkrowa physical conditions are encountered at the site that differ from those indicated in the Contract Documents or from those conditions ordinarily Pound to exist,the Contract Sum and Contract Time shall be subject to equitable adjustment. ARTICLE 9 TIME §9.1 Time limits stated in the Contact Documents are of the essence of the Contract If,however,the Contractor is delayed at any time in progress of the Work by changes ordered in the Work or by labor disputes,fate, unusual delay in deliveries,unavoidable casualties mother ass beyond the Contractor's control,the Contract Time shall be subject to equitable adjustment ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY §10.1 The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs,including all those required by law in connection with performance of the Contract.The Comractor shall take reasonable precautions to prevent damage,injury or loss to employees on the Work the Work and materials and equipment to be incorporated therein,and other property at the site or adjacent thereto.The Contractor shall promptly remedy damage and loss to propny caused in whole or in part by the Contractor,or by anyone for whose acts the Contractor may be liable ARTICLE 11 CLAIMS AND DISPUTES §11.1 Prior to the initiation of any legal proceeding the parties agree to submit all claims,disputes or controversies arising out of or in relation to the interpretation,implication or enforcement of this Agreement to non- binding mediation Mediation shall be conducted under the auspices of the American Arbitration Association or such other mediation service or mediator upon which the pasties agree The cost of Mediation shall be shared equally.The party seeing to initiate mediation shell do so by submitting a written request to the other panty to this Agreement within the period specified by applicable law,but in any case not more than 1 year after the date of Substantial Completion of the Work.This Article shall survive completion or Leon of the Agreement.ESl and Owner waive all claims and ass attrition not commenced in accordance with this Article I I. §11.2 FSI ad Owns waive consequential damages for daims,disputes or other mattes in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either patty's termination of this Agreemen. ARTICLE 12 MISCELLANEOUS PROVISIONS §12.1 The Owner shall bear cars of tests,inspections or approvab that do not become requirements until after the Contract is executed. §12.2 The Contract shall be governed by to law oldie place where the Project is located. §123 Either patty may terminate this Agreement upon not less then ten(10)days'written notice should the other patty fail substantially to perform in accordance with the tens of this Agreement trough no fault of the parry initiating the termination. ARTICLE 13 ACCEPTANCE §13.1 If Owner Gil to execute this Agreement but directs ESI to mobilize,proceed with Work or procure any materials after receipt of this Proposal and Agreement to Contract.such direction call be deemed conclusive acceptance of the terms contained herein.