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Service Solicited - 2024 - ESI Express - Eagle Senior Center Remodel VRE55 SERVICE AND MAINTENANCE-SPECIAL PROJECTS DIVISON 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 1x2 fixtures • Installation of 41 1 x4 surface mount LED wrap fixtures • Installation of 7 1 x4 surface mount LED emergency wrap fixtures • Installation of 2 1 x2 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 • Paint walls to match phase 1 (No charge for phase 1 wall paint) Painting Total: S14,187.00 Painting Alternate: S3,98.5.00 • Paint bi-fold doors/HM Frames, & Window Seals Drywall: • Demo/remove all current ceiling tiles • Installation of t/2"ceiling drywall • Mud, level 4 with orange peel finish. "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#24265B OR CCB#77160 TERMS AND CONDITIONS OF PROPOSAL AND AGREEMENT TO CONTRACT Drywall Total: $14,000.00 Floorin2: • Remove existing wall base in areas with VCT • Abrade existing VCT to produce a smooth/flat substrate • Provide and install Mohawk Vivid Step— 12 mil wear layer, LVT—6"x48"planks (color/style chosen by owner) • Provide and install Tarkett 4"wall base w/toe (color decided by owner) • Remove existing carpet in main area,prepare for new broadloom carpet installation • Provide and install Mohawk—MT-2 broadloom 4 styles to choose from, color decided by owner • Provide and install Tarkett 4"wall base w/toe (color decided by owner) • Provide and install new vinyl transitions between carpet and LVT as needed from standard colors. Floorin2 total: $23,069.00 ESI Supervision: $1,500.00 • 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: $71,906.00 OR$75,891.00 with painting alt Exclusions: Unforeseen circumstances,Tax,concrete repairs,plumbing rough outs,cabinet boxes "Utilizes same appliances as previous renovations" SCOPE OF THE AGREEMENT This Agreement represents the entire and integrated agreement between Engineered Structures,Inc.dba ESI-Express("ESP')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. O 'gnature) CONTRACTOR(Signature) 4164Sol• tf / NIA.? /�► ^ n�,� Engineered Structures,Inc.dba ESI-Express (Printed name,title and address) I V l/ (Printed name and title Page 2 of 3 TERMS AND CONDITIONS OF PROPOSAL AND AGREEMENT TO CONTRACT Drywall Total: $14,000.00 Flooring; • Remove existing wall base in areas with VCT • Abrade existing VCT to produce a smooth/flat substrate • Provide and install Mohawk Vivid Step— 12 mil wear layer, LVT—6"x48" planks (color/style chosen by owner) • Provide and install Tarkett 4"wall base w/toe (color decided by owner) • Remove existing carpet in main area,prepare for new broadloom carpet installation • Provide and install Mohawk—MT-2 broadloom 4 styles to choose from, color decided by owner • Provide and install Tarkett 4"wall base w/toe (color decided by owner) • Provide and install new vinyl transitions between carpet and LVT as needed from standard colors. Flooring total: $23,069.00 ESI Supervision: $1,500.00 • 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: $71,906.00 OR$75,891.00 with painting alt Exclusions: Unforeseen circumstances,Tax,concrete repairs,plumbing rough outs,cabinet boxes **Utilizes same appliances as previous renovations** 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. 73al 1/19/2024 OWNER(Signature) CONTRACTOR(Signature) Engineered Structures,Inc.dba ESI-Express Daltn Gates, Service Manager (Printed name,title and address) (Printedname and title 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 fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. The term"Work"means the construction 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 Contractor's obligations. ARTICLE 2 DATE OF COMMENCEMENT §2.1 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 and deductions in accordance with Article 8,the Contract Sum shall be the Total Bid amount stated in the Proposal and Agreement to Contract Cover Sheet. ARTICLE 4 PAYMENT §4.1 The Owner shall make payment within fifteen(15)days of receipt of Contractor's Application for Payment. No retainage shall be withheld by Owner. Payments due and unpaid shall bear interest from the date payment is due at 18%interest. Waiver of interest as to any month by Contractor shall not be deemed a waiver of future interest charges. ARTICLE 5 INSURANCE §5.1 Contractor shall provide general liability insurance and other insurance as required by statute,in statutory minimums. ARTICLE 6 INFORMATION AND SERVICES REQUIRED OF THE OWNER §6.1 If requested by the Contractor,the Owner shall furnish all necessary surveys and a legal description of the site. §6.2 The Owner shall obtain and pay for any and all necessary permits,fees,easements,assessments and charges—including tests,inspections and approvals of the Work required by the Contract Documents or by laws, statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities. §6.3 The Owner will promptly interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request from either the Contractor. Interpretations 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 professional. §7.2 The Contractor warrants to the Owner that:(I)materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents;(2)the Work will be free from defects not inherent in the quality required or permitted;and(3)the Work will conform to the requirements of the Contract Documents. §73 Unless otherwise agreed in writing,the Contractor shall pay sales,consumer,use and similar taxes that are legally required when the Contract is executed. §7.4 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work.The Contractor shall promptly ratify the Owner in writing of any known inconsistencies in the Contract Documents with such governmental laws,rules and regulations.If the Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules 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. §7.5 The Contractor shall confine operations at the site to areas permitted by law,ordinances,permits,the Contract Documents and the Owner. §7.6 The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make its parts fit together properly. • §7.7 The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work.At the completion of the Work,the Contractor shall remove its tools,construction equipment, machinery and surplus material;and shall properly dispose of waste materials. §7.8 To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner and Owner's agents and employees from and against claims,damages,losses and expenses,including but not limited to attorneys'fees,arising out of or resuhing from performance of the Work,provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent acts or omissions of the 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,loss or expense is caused in part by a party indemnified 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 damage to persons or property and relates to the construction,alteration,repair addition to,subtraction from,improvement to or maintenance of the property,or the improvements to be constructed in accordance with this Contract,Contractor's obligation to indemnify Owner as set forth 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 share based upon each parties negligence of costs,attomey'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 and defend any action pursuant to this Section 7.8 that are subsequently determined not to be the responsibility of the Contractor,a Subcontractor,anyone directly employed by them,or anyone for whose acts they may be liable,Owner shall then reimburse Contractor its costs including any applicable insurance deductible,attomy's fees and other related expenses. ARTICLE 8 CHANGES IN THE WORK §8.1 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 and Contractor cannot agree to a change in the Contract Sum,the Owner shall pay the Contractor its actual cost plus overhead and profit of fifteen percent(15%). §8.1.1 If any changes contemplated by§8.1 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 such notification,authorizes the change,then the cost incurred shall be included as an actual cost and the Contractor shall procure the Work,equipment, goods or service from the related party,as a Subcontractor.If the Owner frails to authorize the transaction,the Contractor shall procure the Work,equipment,goods or service forth some person or entity other than a related party. For purposes of this§8.1.1,a"related party"shall mean a parent,subsidiary,affiliate or other entity having common ownership or management with the Contractor. §8.2 The Owner will have authority to order mirror 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. §83 If concealed or unknown physical conditions are encountered at the site that differ from those indicated in the Contract Documents or from those conditions ordinarily found to exist,the Contract Sum and Contract Time shall be subject to equitable adjustment. ARTICLE 9 TIME §9.1 Time limits stated in the Contract 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,fire, unusual delay in deliveries,unavoidable casualties or other causes 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 Contractor 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 property 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,application 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 parties agree. The cost of Mediation shall be shared equally.The party seeking to initiate mediation shall do so by submitting a written request to the other party 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 termination of this Agreement. ESI and Owner waive all claims and causes of action not commenced in accordance with this Article I I. §11.2 ESI and Owner waive consequential damages for claims,disputes or other matters in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination of this Agreement. ARTICLE 12 MISCELLANEOUS PROVISIONS §12.1 The Owner shall bear cost of tests,inspections or approvals that do not become requirements until after the Contract is executed. §122 The Contract shall be governed by the law of the place where the Project is located. §123 Either party may terminate this Agreement upon not less than ten(10)days'written notice should the other party fail substantially to perform in accordance with the terns of this Agreement through no fault of the party initiating the termination. ARTICLE 13 ACCEPTANCE §13.1 If Owner fails 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 shall be deemed conclusive acceptance of the terms contained herein. Statutory Certifications. In accordance with Idaho Code Section 67-2359 Engineered Structures Inc. (company) 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 Engineered Structures Inc. (company) 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. Recitals 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. 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. bet, 5� �� �� 01/11/2024 STATUTES 67-2359. CONTRACT WITH A COMPANY OWNED OR OPERATED BY THE GOVERNMENT OF CHINA PROHIBITED. (1) A public entity in this state may not enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the company 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. (2) As used in this section: (a) "Government of China" means the People' s Republic of China led by the Chinese communist party. (b) "Company" means any for-profit or not-for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations. (c) "Public entity" means the state of Idaho or any political subdivision thereof, including all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the state, created by or in accordance with state law or regulations. (3) The provisions of this section shall apply to contracts executed on and after July 1, 2023. Upon discovering that a contract fails to comply with the provisions of this section, the contracting authority shall have a period of ninety (90) days to obtain the certification described in subsection (1) of this section. After such time, any contract continuing to violate the provisions of this section shall be void as against public policy. Any contract executed prior to July 1, 2023, that violates the provisions of this section will not be renewed. (4) The department of administration shall have authority to promulgate rules to implement the provisions of this section as long as they are consistent with the provisions of this section and do not create any exceptions to it. History: [67-2359, added 2023, ch. 253, sec. 1, p. 770. ] 67-2346 . ANTI-BOYCOTT AGAINST ISRAEL ACT. (1) This section shall be known and may be cited as the "Anti-Boycott Against Israel Act. " (2) A public entity in this state may not enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the company 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 . The provisions of this section shall not apply to contracts with a total potential value of less than one hundred thousand dollars ($100, 000) or to contractors with fewer than ten (10) employees. (3) As used in this section: (a) "Boycott Israel" and "boycott of the state of Israel" mean engaging in refusals to deal, terminating business activities, or other actions that are intended to discriminate against, inflict economic harm, or otherwise limit commercial relations specifically with the state of Israel or territories under its control, or persons or entities doing business in the state of Israel or territories under its control. A company' s statement that it is participating in boycotts of the state of Israel or territories under its control, or that it has taken the boycott action at the request, in compliance with, or in furtherance of calls for a boycott of the state of Israel or territories under its control, shall be considered to be conclusive evidence that a company is participating in a boycott of the state of Israel or territories under its control . A company that has made no such statement may still be considered to be participating in a boycott of the state of Israel or territories under its control if other factors warrant such a conclusion. At no time shall the "state of Israel" be construed to be inconsistent with any provision of federal law, including but not limited to 50 U.S.C. 4602, 4605, or 4607, as amended, as they existed prior to their repeal in 2018 . (b) "Company" means any for-profit or not-for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations. (c) "Public entity" means the state of Idaho or any political subdivision thereof, including all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the state, created by or in accordance with state law or regulations. (4) The provisions of this section shall apply to contracts executed on and after July 1, 2021. Upon discovering that a contract fails to comply with the provisions of this section, the contracting authority shall have a period of ninety (90) days to obtain the certification described in subsection (2) of this section. After such time, any contract continuing to violate the provisions of this section shall be void as against public policy. Any contract executed prior to July 1, 2021, that violates the provisions of this section will not be renewed. (5) The department of administration shall have authority to promulgate rules to implement the provisions of this section as long as they are consistent with the provisions of this section and do not create any exceptions to it. History: [67-2346, added 2021, ch. 284, sec. 1, p. 858 . ]