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Endres Northwest Inc ~ CP22001 CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM Contract Overview Contract/Amendment Number: CP22001a2 Contract Start Date: August 2, 2021 Contract End Date: March 31, 2022 Contract Title: Public Works Front Office Remodel Contractor Name: Endres Northwest Inc. Contract Manager:Tustin James Department: Facilities Contract Costs Original Contract Amount: $73,000.00 Total All Previous Amendments: Total of this Amendment: $1,300.00 Total Contract Amount: $74,300.00 Procurement Authority Contract Type: Public Improvement Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: NA LCRB Date: NA Account String: Fund-Division-Account Work Order—Activity Type Amount FY 22 400-8000-56005 91023-140 $1,300.00 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Ma 4-- Zl.(.Z Sf",' e Comments: Add funds DocuSign Routing Route for Signature Name Email Address Contractor Randall C. Endres endresnw@endresnw.com City of Tigard Steve Rymer Stever@tigard-or.gov Final Distribution Contractor Randall C. Endres endresnw@endresnw.com Project Manager Justin James Justin)@tigard-or.gov -Buyer Machelle Stephens Macheffes@tigard-or.gov DocuSign Envelope ID: 50953F6B-6A98-45AF-8516-9DE8C131433C CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT CP22001 AMENDMENT #2 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City,and Endres Northwest Incorporated,hereinafter referred to as Contractor,is hereby amended as follows: 1. Compensation. Section 4 of the Contract is amended to provide and install three recessed LED can lights. Section 4 is further amended to increase the total potential compensation payable under the Contract by$1,300.00,to a new total of$74,300.00. Total payments to Contractor for services under this Contract, including but not limited to services added by this amendment number 4, shall not exceed the new total with out further amendment of the Contract. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD ENDRES NORTHWEST INCORPORATED ❑!! Sip M by- [�W-wam ❑ sipnea ,! Signature Signature Steve Rymer will Anthony Printed Name Printed Name 1/19/2022 1/19/2022 Date Date CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM Contract Overview Contract/Amendment Number: CP22001 Contract Start Date: August 2, 2021 Contract End Date: March 31, 2022 Contract Title: Public Works Front Office Remodel Contractor Name: Endres Northwest Inc. Contract Manager:Tustin James Department: Facilities Contract Costs Original Contract Amount: $73,000.00 Total All Previous Amendments: Total of this Amendment: Total Contract Amount: $73,000.00 Procurement Authority Contract Type: Public Improvement Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: NA LCRB Date: NA Account String: Fund-Division-Account Work Order—Activity Type Amount FY No Funds added FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Ma 4-- Zl.(.Z Sf",' e Comments: Contract Extension DocuSign Routing Route for Signature Name Email Address Contractor Randall C. Endres endresnw@endresnw.com City of Tigard Steve Rymer Stever@tigard-or.gov Final Distribution Contractor Randall C. Endres endresnw@endresnw.com Project Manager Justin James Justin)@tigard-or.gov -Buyer Machelle Stephens Macheffes@tigard-or.gov DocuSign Envelope ID:AAA707F1-C1A3-4B16-A90E-8295CB19F318 CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT NUMBER CP22001 FOR PW FRONT OFFICE REMODEL AMENDMENT #1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City,and Endres Northwest Incorporated,hereinafter referred to as Contractor,is hereby amended as follows: 1. Effective Date and Duration Section 3 of the Contract is amended to provide that the expiration date is March 31, 2022. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD ENDRES NORTHWEST INCORPORATED I?6m'� Signature Signature Steve Rymer will Anthony Printed Name Printed Name 1/3/2022 1/3/2022 Date Date CITY OF TIGARD-CONTRACT SUMMARY FORM Contract Overview Contract/Amendment Number: CP22001 Contract Start Date: August 2, 2021 Contract End Date: October 31, 2021 Contract Title: Public Works Front Office Remodel Contractor Name: Endres Northwest Incorporated Contract Manager:Tustin James Department: Facilities Contract Costs Original Contract Amount: $73,000 Total All Previous Amendments: Total of this Amendment: Total Contract Amount: $73,000 Procurement Authority Contract Type: Public Improvement Procurement Type: Intermediate Quotes $10K<=$150K Solicitation Number: NA LCRB Date: NA Account String: Fund-Division-Account Work Order—Activity Type Amount FY 21/22 400-8000-56005-91023-140 $73,000 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Mac h e Ll e�Sfe p4-, y Comments: Remodel Front Office DocuSign Envelope ID: E2D818F9-E959-4887-9244-OD52COFE87D8 Contract Number CP22001 PUBLIC IMPROVEMENT CONTRACT PWR COVERED PROJECT CITY OF TIGARD PUBLIC WORKS FRONT OFFICE REMODEL THIS AGREEMENT made and entered into by and between the City of Tigard, a municipal corporation of the State of Oregon,hereinafter called City, and Endres Northwest Incorporated,hereinafter called Contractor. RECITALS WHEREAS, the City requires services which Contractor is capable of providing, under terms and conditions hereinafter described; and THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree as follows: TERMS OF AGREEMENT 1. Services Contractor's services under this Agreement shall consist of the following. A. Exhibit A—Contractor Quote B. Exhibit B—Building Permit Drawings 2. Contract Documents The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared by the City and performance pertaining to this Agreement,in the City of Tigard, Oregon, and by this reference made a part hereof to the same legal force and effect as if set forth herein in full. 3. Effective Date and Duration The term of this Agreement is effective on August 2, 2021 or upon the issuance of notice to proceed, whichever is later, and shall be substantially completed by October 31,2021,unless otherwise terminated or extended. All work under this Agreement must be completed prior to the expiration of this Agreement. 4. Compensation A. City agrees to pay Contractor$73,000.00 for performance of those services provided herein. B. City certifies that sufficient funds are available and authorized for expenditure to finance costs of this Contract during the current fiscal year. Funding in future fiscal years shall be contingent upon budgetary approval by the Tigard City Council. 5. Prevailing Wage The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to minimum salaries and wages are incorporated herein by reference as if fully set forth. The Contractor agrees that the workmen in each trade or occupation required for the work to be done pursuant to the contract, employed in the performance of the Agreement, either by the Contractor or subcontractor or other person doing or contracting to do any part of the work contemplated by the Contractor shall be paid not less than the prevailing,minimum hourly rate of wage specified by the Oregon Bureau of Labor and Industries(BOLI). Current wage rates and amendments may be obtained at www.boli.state.or.us. DocuSign Envelope ID: E2D818F9-E959-4887-9244-OD52COFE87D8 If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing Wage Rate requirements, the Contractor must ensure that workers will be paid the higher of the applicable federal or state rate. If the Contractor fails to pay for labor or services,the City may pay for those labor and services and withhold these amounts from payment s that are due the Contractor in accordance with ORS 279C.515. Contractor shall provide proof as requested to the City prior to the beginning of any of the work that the Contractor has filed a public works bond with a corporate surety in the amount of $30,000 with the Construction Contractors Board as required under Oregon Prevailing Wage Rate law. Contractor shall also require in every subcontract to this Agreement that the subcontractor file a public works bond with the Construction Contractors Board in the amount of $30,000 prior to starting work on this project unless otherwise exempt. For contracts $50,000 or greater,the City shall pay a fee equal to one-tenth of one percent(.001) of the price of the contract to the BOLI. The fee shall be paid on or before the first progress payment or sixty(60) days from the date work first began,whichever comes 6. Early Termination A. This Agreement may be terminated without cause prior to the expiration of the agreed upon term by mutual written consent of the parties and for the following reasons: 1) If work under the Contract is suspended by an order of a public agency for any reason considered to be in the public interest other than by a labor dispute or by reason of any third-party judicial proceeding relating to the work other than a suit or action filed in regard to a labor dispute;or 2) If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Contract. B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Contractor against City under this Agreement. C. Termination under any provision of this paragraph shall not affect any right, obligation, or liability of Contractor or City which accrued prior to such termination. 7. Cancellation with Cause A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City,under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds, 2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement, 3) If any license or certificate required by law or regulation to be held by Contractor,its Subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked,or not renewed,or 4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Contractor,if a receiver or trustee is appointed for Contractor,or if there is an assignment for the benefit of creditors of Contractor. DocuSign Envelope ID: E2D818F9-E959-4887-9244-OD52COFE87D8 Any such termination of this Agreement under paragraph(A)shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City,by written notice of default (including breach of Contract) to Contractor,may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this Agreement within the time specified herein or any extension thereof,or 2) If Contractor fails to perform any of the other provisions of this Agreement,or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. The rights and remedies of City provided in the above clause related to defaults (including breach of Contract) by Contractor shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (B), Contractor shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Contractor bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages,if any, sustained by City due to breach of Contract by Contractor. Damages for breach of Contract shall be those allowed by Oregon law,reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 8. Force Majeure Neither City nor Contractor shall be considered in default because of any delays in completion of responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the party so disenabled,including,but not restricted to,an act of God or of a public enemy,volcano,earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo, unusually severe weather or delay of Subcontractor or suppliers due to such cause; provided that the party so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the causes of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause,diligently pursue performance of its obligation under Contract. 9. Nonwaiver The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms of this Contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon such terms or rights on any future occasion. 10. Attorney's Fees In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the Court may adjudge reasonable attorney's fees and court costs including attorney's fees and court costs on appeal. 11. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any questions arising under this Agreement must be brought in the appropriate court of the State of Oregon. DocuSign Envelope ID: E2D818F9-E959-4887-9244-OD52COFE87D8 12. Indemnification Contractor agrees to indemnify and defend the City, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this Contract, except liability arising out of the sole negligence of the City and its employees. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 13. Insurance Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this Contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its Subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance: Contractor shall obtain,at contractor's expense, and keep in effect during the term of this Contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this Contract. The following insurance will be carried: Coverage Limit General Aggregate $3,000,000 Products-Completed Operations Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage (Any one fire) $50,000 B. Commercial Automobile Insurance: Contractor shall also obtain, at Contractor's expense, and keep in effect during the term of the Contract, "Symbol 1" Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $2,000,000. C. Workers' Compensation Insurance: The Contractor, its Subcontractors, if any, and all employers providing work,labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not to obtain such coverage." This shall include Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. DocuSign Envelope ID: E2D818F9-E959-4887-9244-OD52COFE87D8 D. Additional Insured Provision: The City of Tigard, Oregon,its officers, directors,and employees shall be added as additional insureds with respect to this contract. All Liability Insurance policies will be endorsed to show this additional coverage. E. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The insurance carrier shall have a minimum of an AM Best Rating "A" with a financial strength of VII or better. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. F. Certificates of Insurance: A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City,in lieu thereof,a certificate in form satisfactory to City certifying to the issuance of all such insurance provisions of this Contract shall be forwarded to: City of Tigard Attn: Office of Contracts and Purchasing 13125 SW Hall Blvd Tigard, Oregon 97223 OR contractspurchasinatigard-or.gov Such policies or certificates must be delivered prior to commencement of the work and no Contract shall be effected until the required certificates have been received and approved by the City. Ten days cancellation notice shall be provided City by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance.A renewal certificate will be sent to the above address 10 days prior to coverage expiration. The procuring of such required insurance shall not be construed to limit Contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,injury,or loss connected with this Contract. G. Primary Coverage Clarification: All parties to this contract hereby agree that the contractor's coverage will be primary in the event of a loss. H. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included in all general liability,and pollution policies required by this Contract. 14. Method and Place of Giving Notice, Submitting Bills and Making Payments All notices, bills and payments shall be made in writing and may be given by personal delivery or by email. Notices,bills and payments sent by email should be addressed as follows: CITY OF TIGARD ENDRES NORTHWEST INCORPORATED Attn: Justin James Attn: Randell C. Endres Address: 13125 SW Hall Boulevard Address: 509 NW 3'Avenue, Tigard, Oregon 97223 Canby, Oregon 97013 Phone: 503-718-2589 Phone: 503-557-1700 Email: justinj@tigard-or.gov Email: endresnw@endresnw.com DocuSign Envelope ID: E2D818F9-E959-4887-9244-OD52COFE87D8 Notice will be deemed given upon deposit in the United States mail,postage prepaid. In all other instances, notices,bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 15. Severability In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected or invalidated thereby. 16. Complete Agreement This Agreement constitutes the entire Agreement between the parties. No waiver,consent,modification,or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized officials. CITY OF TIGARD ENDRES NORTHWEST INCORPORATED —19—y --ey: Oocu5gnc0 ny'. Steve Rymer Randell C. Endres Name: Name: City Manager Project Manager Title: Title: Date: 8/9/2021 Date: 7/29/2021 DocuSign Envelope ID:E2D818F9-E959-4887-9244-OD52COFE87D8 Exhibit A INCORPORATED Budget / Estimate Date Estimate# 509 NW 3rd Avenue, Canby, OR 97013 6/15/2021 S21-046 Phone# 503 557 1700 Submitted to: Project Location: CITY OF TIGARD CITY OF TIGARD-PUBLIC WORKS BUILDING 13125 SW HALL BLVD. 8777 SW BURNHAM STREET TIGARD, OR 97223 TIGARD, OR 97223 Description Total Public Works TI-Office Scope: • Provide supervision/management, rubbish removal,temporary protection, and cleanup as needed for 59,440.00 completion or the work based on performance of the proposed scope. • Demolish (3)door leafs, (2)frames, tile flooring behind the proposed pass-through window,florescent light fixtures throughout the open office, and rolling casework in the hallway by the restroom. • Remove and save for reuse (1)door,frame, and hardware, and existing carpet tile at Conference 109. • Provide new casework and countertop for(3)work stations at the hallway near the restroom as shown in the drawings. • Provide Silestone Blanco hard surface countertop with deal tray at the new pass-through window at the front of the space. • Provide wood framing at door infill, door relocation, and removal of existing pair of doors to become the new pass-through window. Wall below the new countertop will be metal stud framing with plywood sheathing on one side. • Install relocated door,frame, hardware, at the existing hallway entry to the space allowing 18"of clearance on the side pull side for ADA requirements. • Provide new 3 panel pass through window at the front of the space. • Hang,tape, and finish sheetrock at door infill, around new pas through window, at new wall below pass-through countertop, and around relocated hallway door. • Provide floor prep where tile flooring was removed to provide smooth substrate for carpet installation. • Install salvaged carpet tile from Conference 109 at the area where the tile was removed and to match adjacent carpet tile. • Provide new carpet tile and resilient base at Conference 109 as specified in the drawings. • Paint walls to match existing from corner to corner at walls where work is performed. • Provide electrical work as specified below: o Install (28)new 2x4 and (2)2x2 LED flat panel lights at the open office area. o Install low voltage control wiring and dimmers at a maximum of(5) locations. o Remove and relocate power poles as shown in the open office area. o Rework existing wiring and extend to new work stations. o Rework existing data and extend to new work station locations maximum of(15)locations. o Install LED emergency drivers for egress lighting. o Trim out switches, plugs, and data locations, label and energize per design. • Provide demolition, cutting and patching,framing, sheetrock, painting,flooring, door relocation, toilet accessories, and plumbing fixture relocation for the ADA bathroom upgrades per bid alternate. Profit&Overhead 8,560.00 Contingency Amount 5,000.00 Includes: Prevailing Wage Rate Excludes: Plans, Permits, and All Other Items and Services Not Listed Above. Respectfully submitted by:Randell C. Endres Oregon License 162776 Total $73,000.00 ■ NOIlonNiSNOO NO=I lON lit no y o els u Md awl it d;Allo �� sp ale 4 u Q329 P4id U Zoff� o p =° 's'soa z¢ 8 °p � °w a o= ° o= � v U J 3' 8�" "-° >w'� p o ° W d p °G 8°� ,w3N,•13 H E`go p No "gga w ,gm �LL �w9e a Z g- -A �8 sV� ;�oW-„o a° i��< � 3� gwBEm” $ F °w� =oo 00 FaBmm y 8 `U �r = Q a"= �w a°¢° m000 o - W w s€ w = pia O a $8 _m£ 0„8 o3�w,8M wo» ouq€ _ so LLJ LLJ U p w r�Q WSW ill—w w<3 W� v ° °Z. := WoH U U_ woo p e o V4 ” 'i� LL .. .. z s8� �zZ.° f �' a w ma Eg X 0000 MM ° w <ag D W H " ' �N�s®z WW � � _ J ' ° rc z O O U CL ° <° ms a m ° a > w p° € �s s oou w <n o _ tE, gip. 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