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RINU Inc, Dba Reitmeier ~ CP19006 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORMMUSTACCOMPANYEVERYCONTRACT) �� Contract Title: Library Boiler Replacement Number: lt0 Contractor: Reitmeier HV AC Contract Total. $162,000.00 Contract Overview: Remove aol boilers and install new Energy Trust of Oregon incentive 1,000.000 BTU boilers. Initial Risk Level: ❑ Extreme ❑ High X Moderate. ❑ Lova Risk Reduction Steps: Fork area w ll be flagged, taped or coned off to alert the public. Risk Comments: Risk Signature: r, Contract Manager: ustar antes/1-�Lif'!(!Ole Ext: * Department Type: ❑ Personal Svc ❑ Professional Svc ❑ _architectural Agr Public Imp ❑ General Svc ❑ Engineering Svc ❑ Other: Start Date: Ia JI$'" End Date: 643610 Quotes/Bids/Proposal: FIRM AMOUNT/ ORE Reitmeier $162,000.00 Account String: Fund-Division-Account Work Order—Activity Tyge Amount FY 2018-19 650640054001 FY FY FY FY Approvals - LCRB Date: UaiI, g Department Comments: Department Signature: Purchasing Comments: J i Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Olitice along with a completed Contract Checklist. Date: July 19,2018 CITY OF TIGARD, OREGON PREVAILING WAGE PROJECT TIGARD LIBRARY BOILER REPLACEMENT DATE DUE: August 21,2018 TIME DUE: 2:00 pm Envelopes must be sealed and marked with ITB Title. Bidders must submit one (1) original bid. If a bid exceeds $100,000,Bidders must submit a First Tier Subcontractor Disclosure Form,provided in this packet,to the City no later than 4:00 pm,August 21,2018. PROJW-1 MANAGER: ITB QUESTIONS: Kevin Cole,Fleet/Facilities Operations Manager Joe Barrett,Principal Management Analyst City of Tigard,Central Services City of Tigard,Contracts and Purchasing Phone: (503) 718-2588 Phone: (503) 718-2477 Email: kevinc:&jgard-or.gov Email: josMh&igard-or.gov SUBMIT BIDS TO: Joe Barrett,Principal Management Analyst City of Tigard—Utility Billing Counter 13125 SW Hall Blvd. Tigard,Oregon 97223 PUBLIC NOTICE INVITATION TO BID TIGARD LIBRARY BOILER REPLACEMENT The City of Tigard will receive sealed bids from qualified firms at Tigard City Hall's Utility Billing Counter at 13125 SW Hall Blvd.,Tigard, Oregon 97223 until 2:00 pm local time,Tuesday,August 21,2018 for the Tigard Library Boiler Replacement Project. A mandatory pre-bid conference and site examination will be held at 2:00 pm local time on Wednesday,August 8,2018 at the Tigard Public Library located at 13500 SW Hall Blvd,Tigard,Oregon 97223. Bids will be opened and publicly read aloud at 2:00 pm local time,Tuesday,August 21,2018 at Tigard City Hall located at 13215 SW Hall Blvd.,Tigard,Oregon 97223. Pursuant to Tigard Public Contracting Rule 30.055,all bidders must submit a bid security to the City along with their bid in an amount equal to ten percent(10%)of their base bid. In the event a bid exceeds$100,000,Bidders must submit a First Tier Subcontractor Disclosure Form,provided in this packet, to the City no later than 4:00 PM local time, [bid date]. The City anticipates this will be a prevailing wage rate project. The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to minimum salaries and wages shall be incorporated by reference as if fully set forth in any contract resulting from this Invitation to Bid. Contractor shall provide proof 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 PWR law. No bid will be considered unless fully completed in a manner provided in the bid packet, upon the Bid Form. Facsimile and electronic (email) bids will not be accepted nor will bids be accepted after the stated opening date and time. Bids received after the closing time will be returned to the submitting firm unopened after a contract has been awarded for the required services. Bid packets may be downloaded from www.tigard-or.gov or obtained in person at Tigard City Hall's Utility Billing Counter located at 13125 SW Hall Blvd.,Tigard, Oregon 97223. The City may reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of the City if it is in the public interest to do so. Published: Dail Journal of Commerce Date: Friday,July 27,2018 Published: The Tigard Times Date: 'Thursday,August 2,2018 ITB—Library Boiler Replacement—PWR Covered Project Close—Tuesday,August 21,2018—2:00 pm 2 1 P a f;L TABLE OF CONTENTS TITLE PAGE TitlePage------------------------------------------------- ---------------------- -------------------------------1 Public Notice 2 --------------------------------------------------------------------------------------------------- Table of Content.. 3 SECTION Section 1 Introduction 4 Section2 Bid Preparation------------------------------------------•------------------........................--•----- 4 Section 3 Bid Submission and Opening.........................................................................5 Section 4 General Information 6 Section 5 Bid Evaluation and Award 7 Section 6 Special Bid Instructions-----------------------------------------------------------------------------------8 Section 7 Detailed Specifications..................................................................................... ATTACHMENTS Attachment A Bid Form 10 Attachment B Acknowledgement of Addenda--------------------------------------------------------------------13 Attachment C Bid Certifications 14 ------------------------------------------------------------------------------------------- Attachment D City of Tigard PI Agreement----- ----------------------------------- ---------------------------.15 Attachment E Performance Bond Form................................ 22 Attachment F Payment Bond Form-----------------------------------•-------------------------------------------------24 Attachment G First Tier Subcontract Disclosure Form 26 Attachment H Oregon BOLI Prevailing Wage Rates------------------------------------------------------------27 ITB—Library Boiler Replacement—PWR Covered Project Close—Tuesday,August 21, 2018—2:00 pm 3 J c SECTION 1 INTRODUCTION The City of Tigard will receive sealed bids from qualified firms at Tigard City Hall's Utility Billing Counter at 13125 SW Hall Blvd.,Tigard, Oregon 97223 until 2:00 pm local time,Tuesday,August 21,2018 for the Tigard Library Boiler Replacement Project. A mandatory pre-bid conference and site examination will be held at 2:00 pm local time on Wednesday,August 8,2018 at the Tigard Public Library located at 13500 SW Hall Blvd,Tigard,Oregon 97223. Bids will be opened and publicly read aloud at 2:00 pm local time,Tuesday,August 21,2018 at Tigard City Hall located at 13215 SW Hall Blvd.,Tigard,Oregon 97223. SECTION 2 BID PREPARATION 1. EXECUTION OF BID Bids must be typewritten or prepared in ink.Bids shall be submitted on the"Bid Form" furnished by the City and must be signed in ink by an authorized representative of the bidder. 2. CONFORMANCE TO BID REQUIREMENTS Bids must conform to the requirements of the Invitation to bid,which are hereby made a part of this contract. All requested attachments (references, descriptive literature, etc.) must be submitted with the bid and in the required format. Bid prices must be for the unit indicated on the bid. Failure to comply with all requirements may result in bid rejection. 3. BID MODIFICATION Modifications or erasures made before bid submission must be initialed in ink by the person the person signing the bid. Bids once submitted may be modified in writing before the time and date set for bid closing. Any modifications shall be prepared on company letterhead, signed by an authorized representative,and state that the new document supersedes or modifies the prior bid. Modification must be submitted in a sealed envelope clearly marked "Bid Modification" and identify the bid and closing date. Bidders may not modify bids after bid closing time. 4. BID WITHDRAWALS Bids may be withdrawn in writing on company letterhead signed by an authorized representative and received by the Purchasing Division or in person upon presentation of appropriate identification prior to bid closing time. Unopened bids withdrawn may be released to the bidder after voiding any date and time stamp used. Requests to withdraw mailed bids shall be marked"Bid Withdrawal"and shall clearly state bid title. 5. PROTEST OF SPECIFICATIONS OR TERMS A bidder who believes any specifications or terms detailed in the bid packet or sample contract (Attachment D) are unnecessarily restrictive or limit competition may submit a protest in writing,to the Purchasing Office. A protest may be submitted via,facsimile. Any such protest shall include the reasons for the protest and shall detail any proposed changes to the specifications or terms. The Purchasing Office shall respond to any protest and,if necessary, shall issue any appropriate revisions, substitutions, or clarification via addenda to all interested Bidders. To be considered,protests must be received at least five- (5) days before the bid closing date. The City shall not consider any protest against award due to the content of bid specifications or contract terms ITB—Library Boiler Replacement—PWR Covered Project Close—Tuesday,August 21,2018—2:00 pm 4 1 'Fag, submitted after the established protest deadline. All protests should be directed to Joe Barrett,Principal Management Analyst,and be marked as follows: ITB Specification/Term Protest Bid Name and Closing Date City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 If a bid protest is received in accordance with section above, the bid opening date may be extended if necessary to allow consideration of the protest and issuance of any necessary addenda to the bid documents. 6. ADDENDUM The City may modify the ITB by issuance of an "Addendum" to all prospective bidders within a reasonable time prior to bid closing to allow bidders to consider them in preparing their bids,but in no case less than 72 hours before the bid closing. If an Addendum is necessary after that time,the City, at its discretion,can extend the closing date. Any Addendum issued,as a result of any change in the ITB,must be acknowledged by submitting the "Acknowledgment of Addendum" (Attachment B)with a proposal. Only questions that are answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7. RECYCLABLE PRODUCTS Bidders shall use recyclable products to the maximum extent economically feasible in the performance of the contract set forth in this document. 8. PREVAILING WAGE PROJECT 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 Contract, 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 Commissioner of the Bureau of Labor. 9. CONSTRUCTION CONTRACTORS BOARD BOND 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 PWR law. SECTION 3 BID SUBMISSION AND OPENING 1. SUBMISSION One (1) original copy of the sealed bid must be received before the stated closing time at the address listed below. To assure that your bid receives priority treatment,please mark as follows. ITB—Library Boiler Replacement—PWR Covered Project Close—Tuesday,August 21,2018—2:00 pm 5 1 P a S c ITB-Library Boiler Replacernent City of Tigard—Utility Billing Counter Attn: .Joe Barrett,Principal Management Analyst 13125 SW Hall Blvd Tigard, Oregon 97223 Bidders shall include their firm name and address on the outside of the envelope. It is the bidder's responsibility to ensure that bids are received prior to the stated closing time. The City shall not be responsible for the proper identification and handling of any bids submitted incorrectly. Late bids,late modification,or late withdrawals will not be accepted after the stated bid opening date and time and will be returned unopened. Facsimile and electronic(email) bids will not be accepted. 2. MANDADORY PRE-BID MEETING/WALKTHROUGH A mandatory pre-bid site walkthrough and will be held at the time and place stated in the advertisement Any firm wishing to bid on the project must be represented at the pre-bid walkthrough or their bid will be deemed nonresponsive. Statements made by the City at the Pre-Bid Meeting are not binding on the City unless confirmed in an addendum. 3. BID OPENING Bids will be opened 2:00 pm on Tuesday,August 21,2018 in the Tigard City Hall's Red Rock Conference Room. Bidders may be present;however,award decisions will not be made at the opening. SECTION 4 GENERAL INFORMATION 1. DEFINITIONS For the purpose of these specifications,the following definitions shall apply: A. C i shall mean City of Tigard; B. Contractor shall mean the lowest responsive and responsible bidder awarded the contract; C. Contract or Contract Documents the written agreement between the City and Contractor which includes the Purchase Order, Invitation to Bid, any Addenda issued,describing the work to be done and the obligations of the parties. 2. CONTRACT After the award,the Contractor and the City will enter into a public improvement contract incorporating the terms and conditions of the ITB document and the bid response. Vendors taking exception to any of the contract terms shall submit a protest or request for change in accordance with Section 2.5"Protest of Specifications or Terms" or their exceptions will be deemed waived. 3. BUSINESS TAX AND FEDERAL ID NO.REQUIRED The City of Tigard Business Tax is required from successful Bidder. Chapter 5.4 of the Tigard Municipal Code states any business doing business in the City of Tigard shall pay a City of Tigard Business Tax. No contracts shall be signed prior to the obtaining of the City of Tigard Business Tax. Upon award of proposal, contractor shall complete a Federal W-9, Request for Taxpayer Identification Number and Certification Form for the City. 4. RESIDENT BIDDER ORS 279C.365(h) requires every bidder on a public improvement contract to indicate whether they are a resident bidder as defined in ORS 279A.120. A resident bidder means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding ITB—Library Boiler Replacement—PWR Covered Project Close—Tuesday,August 21,2018—2:00 pm 6 1 1'u g c submission of the bid and has a business address in the State of Oregon. This City requires all Bidders, regardless of the form of the subsequent contract, to indicate if they are a resident bidder or not (see Attachment C.) As a public contracting agency, the City shall prefer goods or services that have been manufactured or produced in this state if price,fitness,availability and quality are otherwise equal. 5. PUBLIC RECORDS All bid material submitted by bidder shall become the property of the City and is public record unless otherwise specified. A bid that contains any information that is considered trade secret under ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192. The above restrictions may not include cost or price information,which must be open to public inspection. 6. BILLING REQUIREMENTS Invoices shall be sent to City of Tigard,Attn:Accounts Payable, 13125 SW Hall Blvd., Tigard, Oregon 97223. Payment terms shall be a net 30 following the date the invoice is received. 7. TERMINATION OF CONTRACT Contract may be terminated by mutual consent of both parties or by the City at its discretion with a 30 days'written notice. The City may cancel an order for goods at any time with written notice to Contractor, stating the extent and effective date of termination. If the contract is so terminated,Contractor shall be paid in accordance with the terms of the contract for goods delivered and accepted to the date of termination which cannot be mitigated by resale as provided in the Uniform Commercial Code (ORS 72.7060). 8. INTERGOVERNMENTAL COOPERATIVE PURCHASING The bidder submitting this proposal agrees to extend identical prices and services under the same terms and conditions to all public agencies in the region. Quantities stated in this solicitation reflect the City of Tigard usage only. Each participating agency shall execute its own contract with the lowest responsible/responsive bidder for its requirements. Any bidder(s),by written notification included with their bid, may decline to extend the prices and terms of this solicitation to any and/or all other public agencies. SECTION 5 BID EVALUATION AND AWARD 1. BID VALIDITY TIMEFRAME All bids submitted shall be valid and binding for ninety (90) calendar days from bid closing date, unless extended by mutual consent of all parties. 2. EVALUATION CRITERIA Bids will be awarded based upon the evaluation criteria detailed in the Invitation to Bid. Ordinarily,bids will be evaluated to identify the "lowest responsive and responsible bidder" who has substantially complied with all requirements and specifications of the ITB and who can be expected to deliver promptly and perform reliably. 3. RECIPROCAL PREFERENCE In determining the"lowest responsible bidder," the City shall add a percent increase to each out-of-state bidder's bid price which is equal to the percent given to local bidders in that bidder's home state. This is pursuant to ORS 279A.120(2)(b). ITB—Library Boiler Replacement—PWR Covered Project Close—Tuesday,August 21,2018—2:00 pm 7 g 4. METHOD OF AWARD The City reserves the right to make the award by item,groups of items or entire bid,whichever is in the best interest of the City. 6. ERRORS IN BIDS When an error(s) is made in extending total prices, the unit bid price will govern. Bidders are cautioned to recheck their bid for possible error(s). Error(s) discovered after opening cannot be corrected and the contractor will be required to perform if their bid is accepted. 7. BID REJECTION The City may reject any bid not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all bids upon a finding of the City that it is in the public interest to do so. 8. MINOR INFORMALITIES The City reserves the right to waive any and all minor informalities that may arise in relation to this bid process. SECTION 6 SPECIAL BID INSTRUCTIONS 1. TIME TABLE Friday,July 27,2018 Release of ITB Wednesday,August 8,2018—2:00 pm Mandatory Pre-Bid Meeting Tuesday,August 21,2018—2:00 pm ITB Closing Date&Time Tuesday,September 11,2018 Contract Award by Local Contract Review Board Monday,September 24,2018 Issuance of Notice to Proceed 2. CONTRACTOR CONTACTS Contractor shall designate one (1) primary and one (1) backup person responsible for the contractor's work under this contract. Contractor shall provide to City the names,addresses and telephone numbers, including after hours/emergency numbers of such persons and shall keep this information current with the City Contract Administrator at all times. 3. CONSORTIUMS /PARTNERSHIPS / SUBCONTRACTORS The City will not consider bids submitted by a consortium,or by multiple firms submitting as partners or joint ventures. Bidders shall not consider the use of sub-contractors for this bid proposal. Contractor must have sufficient resources to perform all services required by this contract.The City reserves the right to approve the use of sub-contractors during the term of this contract as special circumstances dictate. 6. NON-COLLUSION AFFIDAVIT Bidder certifies that this bid/proposal has been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition. 7. BILLING METHOD Each invoice shall include adequate detail to identify each good or service purchased. At a minimum this detail shall include: A. Total number of man hours for the billing period; B. Detailed pricing and specification for any goods purchased; ITB—Library Boiler Replacement—PWR Covered Project Close—Tuesday,August 21,2018—2:00 pm 8 1 nag c C. Details regarding the status of the project,i.e. completion percentage,revised estimated time of completion,etc.;and D. Payment due date. SECTION 7 DETAILED SPECIFICATIONS 1. SCOPE OF SERVCIES A. Replace two existing natural gas fired 1,000,000 BTU boilers with Energy Trust of Oregon incentive qualified boilers. B. Replacement Boilers shall be no less than 1,000,000 maximum input.Lochinvar FB 1001 or equal. C. Installing contractor will be required to obtain all permits related to the proposed work. Permit costs shall be included in the bid price. D. All natural gas piping must conform to all applicable codes. Contractor shall be responsible for notification to NWNG Company as required.All piping and connections shall be tested for leaks and comply with boiler manufacture's requirements and start-up procedures. E. All venting shall comply with all applicable codes and boiler manufacture's requirements.All building envelope intrusions shall use existing openings;city project manager must approve modifications to openings and water. F. Installation shall include removal and disposal of the existing boilers and all associated parts not needed for the installation of the new units. 2. CONTRACTOR REQUIREMENTS A. Installing contractor must be licensed as a boiler contractor with Oregon Building Codes Division. B. Contractor must have a minimum of two (2)Boiler Class 3 technicians employed on staff. C. Installing contractor must be a Carrier Controls dealer located within 30 miles of the city of Tigard. D. Installing contractor must integrate the new boiler installation into the current City of Tigard Carrier CCN"I-Vue"DDC control network.New installation must include graphic modifications as part of this project. E. Installing contractor must provide technician certifications for each qualified Class 3 boiler technician and Carrier certified technician as part of the bid. ITB—Library Boiler Replacement—PWR Covered Project Close—Tuesday,August 21,2018—2:00 pm 9 1 Pane. ATTACHMENT A CITY OF TIGARD,OREGON PUBLIC CONTRACT BID FORM This Bid must be signed in ink by an authorized representative of the Bidder;any alterations or erasures to the Bid must be initialed in ink by the undersigned authorized representative. Project: .V 1 6— t"' 6 a4f�-" Zcn t- -- P Z- Bid Due Date: TV ES Ibk-y . Ea US i Z Z O 8 Name of Submitting Firm: F-L IJ U I Qt, -99 �- `F-CTT%k$t&e— The Undersigned(check one of the folloning andpmzide additional information): An individual doing business under an assumed name registered under the laws of the State of or A partnership registered under the laws of the State of :or A corporation organized under the laws of the State of b Mga IN" :or A limited liability corporation organized under the laws of the State of hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the above project in strict accordance with the Contract Documents for the Basic Bid as follows: and !p /100 Dollars Le •�)f t OFC and the Undersigned agrees to be bound by all documents comprising the Bid packet including,but not necessary limited to,the following documents: • Contract Template • Performance,Payment,and Bid Bonds • Instruction to Bidders • Drawings and Details • Advertisement for Bids • Addenda numbered through • Prevailing Wage Rates inclusive(fill in blanks if necessary) Accompanying herewith is a Bid Security which is equal to ten percent (101/6) of the total amount of the Basic Bid. The Undersigned agrees,if awarded the Contract,to execute and deliver to the City of Tigard,within 15104 E- days after receiving the Contract forms,a satisfactory Performance Bond and a satisfactory Payment Bond each in an amount equal to one hundred percent(100%) of the Contract sum,using the forms provided by the City. The surety(ies) requested to issue /�the _Performance Bond and Payment Bond will be l� ?A*J V The Undersigned hereby authorizes said surety(ies) company(ies) to disclose any information to the City concerning the Undersigned's ability to supply a Performance Bond and Payment Bond each in the amount of the Contract. The Undersigned further agrees that the Bid Security accompanying the Bid is left in escrow with the City;that the amount thereof if the measure of liquidated damages which the City will sustain by the failure of the Undersigned to execute and deliver the above-named Agreement Form,Performance Bond,and Payment Bond, and that if the Undersigned defaults in either executing the Agreement Form or providing the Performance Bond and Payment Bond withinBE.0 days after receiving the Contract forms,then the Bid Security may become ITB-Library Boiler Replacement-PWR Covered Project Close-Tuesday,August 21,2018-2:00 pm 10 1 P a g e the property of the City at the City's option;but if the Bid is not accepted withintk Lays of the time set for the opening of the Bids, or if the Undersigned executes and timely delivers said Agreement Form, Performance Bond,and Payment Bond,the Bid Security shall be returned. The Undersigned certifies that: (1) This Bid has been arrived at independently and is being submitted without collusion with and without any agreement,understanding, or planned common course of action with any other vendor of materials, supplies, equipment, or services described in the solicitation documents designed to limit independent bidding or competition; and (2) The contents of the Bid have not been communicated by the Undersigned or its employees or agents to any person not an employee or agent of the Undersigned or its surety on any bond furnished with the Bid and will not be communicated to such person prior to the official opening of the Bid. The Undersigned It HAS❑ HAS NOT(check applicable status) paid unemployment or income taxes in Oregon within the past 12 months and❑ HAS ❑HAS NOT (check applicable status) a business address in Oregon. The Undersigned HAS El HAS NOT (check applicable status) complied with any Affirmative Action Requirements inclu ed within the procurement documents. The Undersigned agrees, if awarded a contract, to comply with the provisions of ORS 279C.800 through 279C.870 pertaining to the payment of the prevailing rates of wage. The Undersigned's CCB registration number is �� with an expiration date of �2 l Zo 1 Zp ¢-% . As a condition to submitting a bid, a Contractor must be registered with the Oregon Construction Contractors Board in accordance with ORS 701.035 to 701.055, and disclose the registration number. Failure to register and disclose the number will make the bid unresponsive and it will be rejected unless contrary to federal law. The Undersigned further certifies that Undersigned shall provide proof to the City prior to the beginning of any of the work that the Undersigned 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 PWR law. The successful Bidder hereby certifies that all subcontractors who will perform construction work as described in ORS 701.005(2)were registered with the Construction Contractors Board in accordance with ORS 701.035 to 701.055 at the time the subcontractor(s)made a bid to work under the contract. The successful Bidder hereby certifies that,in accordance with the Worker's Compensation Law of the State of Oregon. its Worker's Compensation Insurance provider is 'S A-S� Policy No. �� S and that Undersigned shall submit Certificates of Insurance as required. Name of Company: f—L 1,3 V l L . —1)B A, 4TWA*k&L Company Address: S S W C�D Tt l:bjt T Tv� c-ru-i ,��2 '17b6-2— Federal 17b6ZFederal Tax ID: -2' — D,t> �4 3 -2> Telephone: (.ao 3 AZO 5 Fax: b -4-;o (.0-2, O t G6 (SEAT.) ITB—Library Boiler Replacement—PWR Covered Project Close—Tuesday,August 21,2018—2:00 pm 111 Page. I attest that I have the authority to commit the firm named above to this Bid amount and acknowledge that the firm meets the qualifications necessary to perform this Work as outlined in the (Invitation to Bid/Request for Proposal). I understand that I will be required to provide necessary information to verity that the firm meets these qualifications if selected for the subsequent Agreement. Authorized Signature: Printed Name&Title: Date: Payment information will be reported to the IRS under the name and federal taxpayer ID number provided above. Information not matching IRS records or not provided to the City could subject the successful Contractor to a twenty eight percent(289/6) backup withholding. ITB—Library Boiler Replacement—PWR Covered Project Close—Tuesday,August 21,2018—2:00 pm 12 1 Page ATTACHMENT B ACKNOWLEDGMENT OF ADDENDA CITY OF TIGARD,OREGON INVITATION TO BID LIBRARY BOILER REPLACEMENT-PWR COVERED PROJECT CLOSE: TUESDAY,AUGUST 21,2018,2:00 PM I/WE HAVE RECEIVED THE FOLLOWING ADDENDA: 1f none received pyrite `None Received" 1. ��ah1 V Y�•� ` 3. 2. 4. e -2 Date Signature of Proposer .Ce %j( cam. 1 - Title Qiay tiNL. 7�3�►,. � ci uu�, �.lL Corporate Name ITB—Library Boiler Replacement—PWR Covered Project Close—Tuesday,August 21,2018—2:00 pm 131 Page ATTACHMENT C BID CERTIFICATIONS Non-discrimination Clause The Contractor agrees not to discriminate against any client, employee or applicant for employment or for services,because of race,color,religion, sex,national origin,handicap or age with regard to,but not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination;rates of pay or other forms of compensation;selection for training;rendition of services. It is further understood that any contractor who is in violation of this clause shall be barred from receiving awards of any purchase order or contract from the City,unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely. Agreed by: Firm Name: Name: Address: 0 5 l� OLO T1- Cp�Q�T Resident Certificate Please Check One: Resident Vendor. Vendor has paid unemployment taxes and income taxes in this state during the last twelve calendar months immediately preceding the submission of this proposal. Or ❑ Non-resident Vendor:Vendor does not qualify under requirement stated above. (Please specify your state of residence:_ 1 Officer's signature: /1 Type or print officer's name. ��' � !yy s::z, ITB—Library Boiler Replacement—PWR Covered Project Close—Tuesday,August 21,2018—2:00 pm 14 r. g e THE CINCINNATI INSURANCE COMPANY Bid Bond CONTRACTOR(Name,legal status and address): SURETY(Name,legal status and principal place of business): Rinu Inc DBA: Reitmeier Mechanical THE CINCINNATI INSURANCE COMPANY 19570 SW 90th Court 6200 S.GILMORE ROAD Tualatin,OR 97062 FAIRFIELD,OHIO 45014-5141 OWNER(Name, legal status and address): This document has important legal CITY OF TIGARD consequences,Consultation with 13125 SW HALL BLVD an attorney is encouraged with respect to its completion or TIGARD,OR 97223 modification. BOND AMOUNT: Any singular reference to 10% of bid Contractor,Surety,Owner or other party shall be considered plural where applicable. PROJECT(Name,location or address,and Project number,if any): Tigard Library Boiler Replacement Project The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators, successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another p to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the days. Surety's consent for an extension beyond the sixty(60) If this Bond is issued in connection with a subcontractor's bid to a Contractor,the tern Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 21 day of Auqust, 2018 Rinu Inc DBA: Reitmeier Mechanical _ �.•�' L (Principal) (Seal) (Witness) (Title) ' THE CINCINNATI INSURANCE COMPANY (Se (Witness ' ��' kc L (Title) Je 'kr5nnick,Attorney in Fact The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310,2010 Edition. S-2000-AIA(11/10)PUBLIC THE CINCINNATI INSURANCE COMPANY Fairfivld,Ohio POWER OF ATTORNEY KNOkk ALL MF.N BY THESE PRESENTS:That THF CINCINNATi INSURANCE COMPANY,a corporation organized under die lxv.s of the State of Ohio, and having its principal office in the City of Fairfield, Ohio,does har,.by constitute and appP-int Tina DeHut,Coralee Aho,Jenifer McCormick,James Ewald,Marc Baker, of Portland,OR its tote and lawful.Attorney(:,)-in-Fact to siren, ;:accutc;, seal and deliver on its behalf as Surety,and as its act and decd,any and all bonds,policies, undertakings, or other lik,a instruments,as follows: Twenty Five Million Dollars and 00/100 ($25,000,000.00) This appointment is made under and by authority of the following r;;solution passed by the Board of Directors of said C'umpany at a meeting hold in the principal office of the Company, a quonmT being present and -oting, on the b`' day of Dcc:mber. 19459, whi:.h resolution is still in effect: "RESOLVED, that the President ur any Vice President be hereby authorizc;d, and empowered to appoint Attornc;ys-in- Fact of the Company to execute any and all bonds.. policies, undertakings, or other like, instrument: un behalf of the. Corporation, and may authorize any officer or any such :'Attorney-in-Fact to affix the corporate seal; and may Nath or without cause modify or revoke any such appointment or authorityAny such writings so executed by such Attorneys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the rcgularly elected officers of the Company." This Power oi'Attorney is signed and sealed by facsimile under and by the authority of the To]I(,%ing Resolution adoptee b th-e Board of Directors of the Company at a meeting duly called and hold on the 71 day of Dec:cmhc:r, IQ73. "RESOLVED, that the signature of the Presid nt or a bice; President and the seal of the Company- may be atfixvd by facsimile on any power of attorney granted, and the signature of the S;,cretary or Assistant Scc.:tory and th:::,cal of the Company may he affixed by facsimile to an; ccrtific;ato of any such power and any such power of ccrtificate bearing. such facsimile sij-piature and seal shall be valid and binding on the Company. Any such power so executed and scaled and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to ielii;;h it is atta.Ch,;d, continue to be valid and binding on the Company." IN 1A'ITNESS WHFRF0F,THI CINC'IN'NATI INSUR:ANC'F CC NMRXN) has caused these prescnts to be sealed with its corporat. s:.al, duly attested by its Vic,; Presid:.nt this 10�''day of May,2012. • THE CINCINNATI INSURANC'I COMPANY ' CWIPORATE � )E SEAL OHIO -- - Vice Yrasidcnt STATL OF OHiO ) Ss: C'OUN'T:'OF BUTLER ) On this 10" day of May,3011,before me came the aboNe-namicd A ice PrcNident of THE CINCINNATI INSURANt,'h CONIPANV , to in,-personally known to be the officer described herein,and acknowledged that the seal affixed to th:;pre.tiding instrument is the cuipurate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subsc:ribA to said instrument by the authority and direction of said corporation. a S� 4 4a MARK J.H LLER,Attorney at Law — 'aJc ,�► NOTARY PUBLIC-STATE OF OHIO 0 My commission has no of date.Sv tion 147.03 O.R.C.traton I,the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE CU%4P,1Ni'.hereby certify that the,st--ov; is a true and correct cops of the Original Po%v er of Adorncy issued by said Company, and do hcr;:by further certify that the said Powct of Attorney is still in full force and effoct. GIVEN under my hand and seal of said Companv at Fairfield, Ohio. this 21 1 da) of �v �v •ar,4 SA t J/�/J cmakpo rATE7�g — — L SS E A L ' Assistwit SLLretary OHIO . BNAU05 (5A2) ATTACHMENT D CITY OF TIGARD PUBLIC IMPROVEMENT CONTRACT PWR COVERED PROJECT LIBRARY BOILER REPLACEMENT THIS CONTRACT,made and entered into this O'day of December,2018,by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and RINU Inc., dba Reitmeier, hereinafter called"Contractor",duly authorized to perforin such services in Oregon. RECITALS WHEREAS, the City requires services which Contractor is capable of providing, under terms and conditions hereinafter described;and WHEREAS, time is of the essence in this contract and all work under this contract shall be completed within the time period stated in the Contract Documents; THEREFORE,in consideration of the promises and covenants contained herein, the parties hereby agree as follows: TERMS OF AGREEMENT 1. Services Contractors services under this Agreement shall consist of the following: A. Replace two existing natural gas fired 1,000,000 BTU boilers with Energy Trust of Oregon incentive qualified boilers. B. Replacement Boilers shall be no less than 1,000,000 maximum input.Lochinvar FB 1001 or equal. C. Obtain all permits related to the proposed work.Permit costs shall be included in the bid price. D. All natural gas piping must conform to all applicable codes.Contractor shall be responsible for notification to NWNG Company as required.All piping and connections shall be tested for leaks and comply with boiler manufacture's requirements and start-up procedures. E. All venting shall comply with all applicable codes and boiler manufacture's requirements.All building envelope intrusions shall use existing openings;city project manager must approve modifications to openings and water. F. Removal and disposal of the existing boilers and all associated parts not needed for the installation of the new units. 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. Compensation A. City agrees to pay Contractor One Hundred Sixty One Thousand Five Hundred Seventy Six and No/100 Dollars ($161,576.00) 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. 4. Prevailing Wage Project 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 Contract, 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 Commissioner of the Bureau of Labor. 5. 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. 6. 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. 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. 7. 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. 8. 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. 9. 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. 10. Choice of Law,Venue The provisions of this Agreement are governed by Oregon law. Venue will be the State of Oregon Circuit Court in Washington County or the US District Court for Oregon,Portland. 11. 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. 12. 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 Innssura_nce: 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. 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 SNX'Hall Blvd Tigard,Oregon 97223 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. 13. Method and Place of Giving Notice,Submitting Bills and Malang Payments All notices,bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices,bills and payments sent by mail should be addressed as follows: Cr1Y OF TIGARD RIND INC.,DR..t REITMEIER Attn: Kevin Cole Attn: JeffJensen Address: 13125 SW Hall Boulevard Address: 19570 SW 90''Court Tigard,Oregon 97223 Tualatin,Oregon 97062 Phone: (503) 718-2588 Phone: (503) 603-0205 Email: kevinc e,tigard-or.gov Email: j_eff a@reitmeiernw.coni and when so addressed, shall 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. 14. 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. 15. Representations and Warranties Contractor represents and warrants to the City that: A. Contractor has the power and authority to enter into and perform this Agreement. B. This Agreement, when executed and delivered, is a valid and binding obligation of Contractor, enforceable in accordance with its terms. C. Contractor (to the best of Contractor's knowledge, after due inquiry), for a period of no fewer than six calendar years (or since the firm's inception if less than that) preceding the effective date of this Agreement, faithfully has complied with: 1) All tax laws of this state,including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; 2) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor's property, operations, receipts, or income, or to Contractor's performance of or compensation for any work performed by Contractor; 3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods, services,or property,whether tangible or intangible,provided by Contractor;and 4) Any rules,regulations,charter provisions,or ordinances that implemented or enforced any of the foregoing tax laws or provisions. D. Any intellectual property rights or such delivered to the City under this Agreement,and Contractor's services rendered in the performance of Contractor's obligations under this Agreement, shall be provided to the City free and clear of any and all restrictions on or conditions of use, transfer, modification,or assignment,and shall be free and clear of any and all liens,claims,mortgages,security interests,liabilities,charges,and encumbrances of any kind. 16. Compliance with Tax Laws A. Contractor must, throughout the duration of this Agreement and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of the State of Oregon. For the purposes of this Section,"tax laws"includes all the provisions described in subsection 25.C. 1) through 4) of this Agreement. B. Any violation of subsection A of this section shall constitute a material breach of this Agreement. Further, any violation of Contractor's warranty, in subsection 25.0 of this Agreement, that the Contractor has complied with the tax laws of the State of Oregon and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Agreement. Any violation shall entitle the City to terminate this Agreement, to pursue and recover any and all damages that arise from the breach and the termination of this Agreement,and to pursue any or all of the remedies available under this Agreement,at law, or in equity,including but not limited to: 1) Termination of this Agreement,in whole or in part; 2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor,in an amount equal to State's setoff right,v.ithout penalty;and 3) Initiation of an action or proceeding for damages,specific performance, declaratory or injunctive relief. The City shall be entitled to recover any and all damages suffered as the result of Contractor's breach of this Agreement,including but not limited to direct,indirect,incidental and consequential damages,costs of cure,and costs incurred in securing a replacement Contractor. These remedies are cumulative to the extent the remedies are not inconsistent, and the City may pursue any remedy or remedies singly, collectively, successively,or in any order whatsoever. 17. 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 undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. Approved by Tigard's Local Contract Review Board at their November 27,2018 business meeting. CITY OF TIGARD RINU INC.,DBA REITMEIER Signature 45t�ur 1y(A fnG� 1/1�l r� ��'1v�a►gt.-� V5 Printed Name&Title r Lj Printed Name&Title 12/13�2ntSr 1z-10 - 11' Date Date I ATTACHMENT E—PERFORMANCE BOND PUBLIC IMPROVEMENT CONTRACT CITY OF TIGARD LIBRARY BOILER REPLACEMENT Bond Number: B-9122487 Project Name: Tigard Library Boiler Replacement The Cincinnati Insurance Company (Surety#1) Bond Amount No. 1: $ 161,576.00 (Surety#2)* Bond Amount No. 2:* $ *If using multiple sureties Total Penal Sum of Bond:$ 161.576.00 WeRinu Inc dba: Reitmeier as Principal, and the above identified Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors, and assigns firmly by these presents to pay unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of Bond) One Hundred Sixty One Thousand Five Hundred Seventy Six and 00/100 (Provided, that we the Sureties bind ourselves in such sum"jointly and severally" as well as "severally"only for the purpose of allowing a joint action or actions against any or all of us,and for all other purposed each Surety binds itself, jointly and severally with the Principal,for the payment of such sum only as is set forth opposite the name of such Surety),and WHEREAS,the Principal has entered into a Contract with the City of Tigard,the plans,specifications,terms, and conditions of which are contained in the above-referenced project solicitation; WHEREAS, the terms and conditions of the Contract, together with applicable plans, standard specifications, special provisions, schedule of performance, and schedule of Contract Prices,are made a part of this Performance Bond by reference, whether or not attached to the Contract (all hereafter called "Contract");and WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans, and specifications, and all authorized modifications of the Contract which increase the amount of the work, the amount of the Contract, or constitute an authorized extension of the time for performance,notice of any such modifications hereby being waived by the Surety: NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal herein shall faithfully and truly observe and comply with the terms of the Contract and performs the Contract within the time prescribed by the Contract,then this obligation is null and void;otherwise it shall remain in full force and effect. If the Contractor is declared by City to be in default under the Contract,the surety shall promptly remedy the default,perform all of Contractor's obligations under the Contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. This obligation jointly and severally binds the Contractor and surety and their respected heirs,executors,administrators,and successors. Nonpayment of the bond premium shall not invalidate this bond nor shall the City of Tigard be obligated for the payment of any premiums. Said surety for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the Work to be performed thereunder, or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the Work or to the specifications. This Performance Bond shall also guarantee the subject project against defects in materials or workmanship for a period of one(1) year from the date of written Substantial Completion acceptance of the subject project by the City of Tigard. IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES. Dated this 7th day of December 2018 PRINCIPAL: Rinu Inc DBA: Reitmeier By: r Signature --,C- f"up AQPrinted Name&Title Attest: SURETY: The Cincinnati Insurance Company (Add signatures for each surety if using multiple bonds) BY ATTORNEY-IN-FACT: (Power-of-Attorney must accompany each surety bond) Jenifer McCormick Name Sig 6200 S Gilmore Road Address Fairfield, OH 45014-5141 City State Zip (513)603-5156 Phone Fax ATTACHMENT F-PAYMENT BOND PUBLIC IMPROVEMENT CONTRACT CITY OF TIGARD LIBRARY BOILER REPLACEMENT Bond Number: B-9122487 Project Name: Tigard Library Boiler Replacement The Cincinnati Insurance Company (Surety#1) Bond Amount No. 1: $ 161,576.00 (Surety#2)* Bond Amount No. 2:* $ *If using multole sureties Total Penal Sum of Bond:$ 161.576.00 We, Rinu Inc dba: Reitmeier as Principal, and the above identified Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors, and assigns firmly by these presents to pay unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of Bond) One Hundred Sixty One Thousand Five Hundred Seventy Six and 00/100 (Provided, that we the Sureties bind ourselves in such sum `jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us,and for all other purposed each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety),and WHEREAS,the Principal has entered into a Contract with the City of Tigard,the plans,specifications,terms, and conditions of which are contained in above-referenced project solicitation; WHEREAS, the terms and conditions of the Contract, together with applicable plans, standard specifications, special provisions, schedule of performance, and schedule of Contract Prices, are made a part of this Payment bond by reference,whether or not attached to the Contract (all hereafter called "Contract"); and WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans, and specifications, and schedule of Contract Prices which are set forth in the Contract and any attachments,and all authorized modifications of the Contract which increase the amount of the work, or the cost of the Contract, or constitute authorized extensions of time for performance of the Contract, notice of any such modifications hereby being waived by the Surety: NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully and truly observe and comply with the terms, conditions, and provisions of the Contract, in all respects, and shall well and truly and fully do and perform all matters and things to be performed under said Contract and any duly authorized modifications that are made, upon the terms set forth therein, and within the time prescribed therein,or as extended therein as provided in the Contract,with or without notice to the Sureties, and shall indemnify and save harmless the City of Tigard its officers, agents, and employees against any claim for direct or indirect damages of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the Contract by the Contractor or its subcontractors, and shall promptly pay all persons supplying labor, materials, or both to the Principal or its subcontractors for prosecution of the work provided in the Contract;and shall promptly pay all contributions due the State Industrial Accident Fund and the State Unemployment Compensation Fund from the Principal or its subcontractors in connection with the performance of the Contract; and shall pay over to the Oregon Department of Revenue all sums required to be deducted and retained from the wages of employees of the Principal and its subcontractors pursuant to ORS 316.167, and shall permit no lien nor claim to be filed or prosecuted against the City on account of any labor or materials furnished;and shall do all things required of the Principal by the laws of the State of Oregon, then this obligation shall be void; otherwise, it shall remain in full force and effect. Nonpayment of the bond premium will not invalidate this bond nor shall the City of Tigard be obligated for the payment of any premiums. IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES. Dated this 7th day of December , 2018 PRINCIPAL: Rinu Inc DBA: Reitmeier By: Si ature e %a 5a <:-U0 Printed Name&Title Attest: SURETY: The Cincinnati Insurance Company (Add signatures for each surety if using multiple bonds) BY ATTORNEY-IN-FACT: (Power-of-Attorney must accompany each surety bond) Jenifer McCormick RA A C C�J� Si ture 6200 S Gilmore Road Address Fairfield, OH 45014-5141 City State Zip (513)603-5156 Phone Fax THE CINCINNATI INSURANCE COMPANY Fairfield,Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That THE CINCINNATI INSURANCE COMPANY,a corporation organized under the laws of the State of Ohio,and having its principal office in the City of Fairfield,Ohio, does hereby constitute and appoint Tina DeHut,Coralee Aho,Jenifer McCormick,James Ewald,Marc Baker, of Portland, OR its true and lawful Attomey(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds,policies, undertakings,or other like instruments,as follows: Twenty Five Million Dollars and 001100 ($25,000,000.00) This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 61" day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in- Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or without cause modify or revok:.any such appointment or authority,Any such writings so executed by such Attorneys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly ek;cted officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 71'day of December, 1973. "RESOLVED, that the signature of the President or a Vise President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such powar so executed and seahod and certified by certificate so executed and sealed shall,with resput to any bond or undertaking to which it i. attachud, continuic to be valid and binding on the Company." iN WITNESS WHEREOF,THL CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly at tested by its Vice President this 101,day of May, 2012. THE CINCINNATI INSURANCE COMPANY -- - `ice President - --' STATE;OF OHiO ) ss: COUNTY OF BUTLER ) On this 101,day of May,2012,before me came the abo-,e-named Vice President of THE CINCINNATI INSURANCF COMPANY, to me personally known to be the officer described herein,and ackno% ledged that the seal affixed to the precQding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. S� S O IK 1 H LLER,Attorney at Law ARY PUBLIC-STATE OF OHIO �? O My commission has no expiration +yae0 date.Section 147.03 O.R.C. 1,the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY;hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the slid Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield. Ohio. this day of qtPM Assistant Secretary BN-1005(5112) ATTACHMENT G—FIRST TIER SUBCONTRACTOR DISCLOSURE PUBLIC IMPROVEMENT CONTRACT CITY OF TIGARD ,r-.r6— L—LK�EA�, ry LIBRARY BOILER REPLACEMENT BID#: �'�`� `�"fEA4$'"16jreaOSING:Date: August 21,2018 Time: 2:00 pm This form must be submitted at the location specified in the Advertisement for Bids on the advertised Bid closing date and within two working hours after the advertised Bid closing time. List below the name of each subcontractor that will be furnishing labor or will be famishing labor and materials and that is required to be disclosed,the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED). NAME DOLLAR VALUE CATEGORY OF WORK 1) 4-J4; S $ 2 Zo o • ��-- �f.�-L T2�tlirC.� 2) Ma L N5 a7t T'L a�J $ 2 3 a o en 6&4 S%rLAwnyzt-j 4) tNI D tt $ Failure to submit this form by the disclosure deadline will result in a nonresponsive Bid. A nonresponsive Bid will not be considered for award. n Form submitted by(Bidder name): V-1 a V LrJ 1L�lT Contact name: zf � �sN%A-E Phone#: ITB—Library Boiler Replacement—PWR Covered Project Close—Tuesday,August 21,2018—2:00 pm 26 1 Page ATTACHMENT H—OREGON PREVAILING WAGE RATES CITY OF TIGARD LIBRARY BOILER REPLACEMENT Maybe downloaded from: http://www.oreggn.ggv/boli/WHD/PWR/Pages/pwr state.aspx ITB—Library Boiler Replacement—PWR Covered Project Close—Tuesday,August 21,2018—2:00 pm 271 P b e