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Klasstech Audio Video Services, LLC ~ C190033 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THISFORM MUST ACCOMPANY EVER YCONTRACT) Contract Title: AV Refresh Project Number: (�! Contractor. Klass'Tech.:audio Video Sen ices,LLC Contract Total: $93,947.45 Contract O`:-ervnew- Upg adr e Audio / Viswd ccl=hent in Tomm Hall and Libr uy Com_mu_rutt- Room Initial Risk Level. ❑ Extreme ❑ High © TXIOdetate ❑Low Risk Reduction Steps: Risk Comments. Risk Signature Comma Nlanagcr: Mike Nolop Ext: 2757 Department- FIS TS-pe: ❑ Purchase Agreement ❑ Personal SetNilce ❑ General Service ® Public Improvement ❑ IGA ❑ Other: Start Date: 1,`21/2019_ End Date 6/30/2019_ Quotes/Bids/Proposal FIRM AMO NT/Scum KlassTech $93,947.45 Delta.MT $111,708.00 L.ems Audio $251,028.00 Account String: Fund-Divisiun-Account Work Order—Activit;:ype Amount FY 11) 600-2300-54001 S93,94745 FV FY FY FY Approvals - ff ( LCRB Date: Deparm tent Comments. a� �^' `�k � - Department Signature. '� a Purchasing Comments. -01 Puichasitx Si -nature ' City Managet Comment a City Manager Signature- _ After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract Number 19 CITY OF TIGARD PUBLIC IMPROVEMENT CONTRACT PWR COVERED PROJECT TOWN HALL AUDIO VISUAL UPGRADE THIS CONTRACT,made and entered into this 18'day of December,2018,by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and K1assTech Audio Video Services, LLC,hereinafter called"Contractor",duly authorized to perform 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 Contractor's services under this Agreement shall consist of audio/visual(AV)upgrades to Tigard Town Hall and possibly the Tigard Public Library,in accordance with both Attachments A and B. 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 an amount not to exceed Sixty-Eight Thousand Four Hundred Ninety 70/100 Dollars ($68,490.70) for performance of the base services provided herein. If the add alternate is selected by the City, an amount not to exceed Twenty-Five Thousand Four Hundred Fifty-Six and 75/100 Dollars ($25,456.75) for the additional services. At no point shall the City's obligation to the Contractor under this agreement exceed Ninety-Three Thousand Nine Hundred Forty-Seven and 45/100 Dollars ($93,947.45) for complete of all services described herein. The City will notify the Contractor prior to the completion of the base work if the add alternate work is to be performed. B. Payment shall be based upon the Contractors invoice for the work performed. The City will provide an upfront payment for the materials as a down payment for each phase of the work: 1) Forty-Six Thousand Eight Hundred Forty and 70/100 Dollars ($46,840.70) for Town Hall,and 2) Twelve Thousand Five Hundred Eighty-Six and 75/100 Dollars ($$12,586.75) for the Library if the add alternate is selected by the City. The remaining portion of the work shall be due 30 days after completion of the work and receipt of the Contractor's invoice: 1) Twenty-One Thousand Six Hundred Fifty and No/100 Dollars ($21,650.00) for Town Hall,and 2) Twelve Thousand Eight Hundred Seventy and No/100 Dollars ($12,860.00) for the Library if the add alternative is selected by the City. C. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. D. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. E. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. F. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due,City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. H. 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 v-titten 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. 2019 PI—Town Hall/Library AV Upgrade 2 1 P a g e 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. 2019 PI—Town Hall/Library AV Upgrade 3 1 P a g e 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 shallwithin 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. 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. 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: 2019 PI—Town Hall/Library AV Upgrade 4 1 P a g e 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' ComFensation 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 shove 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 SV'Hall Blvd Tigard,Oregon 97223 2019 PI—Town Hall/Library,.kV Upgrade 5 1 _P a g e 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 Malting 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: CITY OF TIGARD KLA5sTECH AUDIO VIDEO SERs cES,LLC Attn: Mike Nolop,IT Manager Attn: Mike Anderson Address: 13125 SW Hall Boulevard Address: 7725 SAX'Cirrus Drive,Space 30D Tigard,Oregon 97223 Beaverton,Oregon 97008 Phone: (503) 718-2757 Phone: (888) 552-7832 Email: miken ,xigard-or.gov Email: mikeana.klasstech.com 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 shallremain 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: 2019 PI—Town Hall/Library AV Upgrade 6 1 ? a g 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,without 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 b,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 2019 PI—Town Hall/Library AV Upgrade 7 1 Page 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. CITY OF TIGARD KLASSTEC AUDIO VIDEO SERVICES,LLC Signature Signature �� Z—(4),n o� Printed Name&Title Printed Name&Title Date Date 2019 PI—Town Hall/Library AV Upgrade 8 a g e ATTACHMENT A SCOPE OF SERVICES BASE SERVICES—TOWN HALL Part 1: Video System Dais: Contractor shall provide the labor and materials necessary to install one(1)Laser Diode video/data projectors of 8500 ANSI lumens and a native resolution of 1900x1200 pixels. The projectors shall belchip DLP for crispness of text. The system will be able to show the clerks pc,client supplied Barco, testimonial,room PC, and Cable television feed. The system shall also have one(1) digital HDbaseT video/data 8x8 matrix switcher capable of taking in any video/data signal and outputting a fully digital signal. These digital outputs will feed new projector,LCD TV, Clerks desk,MACC/TVCTV room,and Dais monitors. Part 2: Audio system Dais: Contractor shall provide the labor and materials necessary to install eight (8) new table top wireless microphones and two (2) wireless combo units each with a lapel and hand-held mic with cardioid pattern. Contractor will re-use the mics around the dais since they are all in good working order. Contractor shall also install two (2) new digital mic mixers with echo cancelling capability to process the audio signals from the incoming microphones and switcher/playback audio. The units shall have VolP/Pots dialing capability as well as both analog and digital outputs into the audio system. The system shall have the ability to provide audio in overflow area. The audio amplifier,ADA system,and existing in-ceiling speakers shall be re-used. Part 3: Control System Contractor shall provide the labor and materials necessary to install and configure the new Crestron control system. Two iPads will work as the control interface for the entire system. One will be located at the recorders station and the other is for wireless / mobile control of the room. The iPads will give control of all source switching, mic control, video source audio control, audio calling, as well as turning on and off the system. The new control system will be on its own new Contractor provided wireless network that will be standalone and not connected to the City's internal network unless you choose to do so. The system will have the ability to provide two types of control functions. One will be for general room use and the other will be for a full commissioner meeting. Contractor will work with the City to set each type of control functions to their needs and liking. The components of the audio system are as follows: Points of Control: • Two (2) iPad touch panels which will be the wireless control interface for the room. iPad to be mounted desk top stand • One (1)virtual X-Panel for IP based remote control.This will allow for secondary control from a remote PC to aid in onsite trouble shooting or a secondary control. • One (1) Crestron system controller capable of controlling the A/V system components and communicating with its associated touch panel. The Control System shall control the following items: i�- Display-Power and Input Selection i> System Switching Audio level control-Graphical Feedback, Speaker Mute,Microphone Mute ;0, System Power i> Audio Conferencing-Dial,Hang-up and Flash r' Screen Up/Down 2019 PI—Town Hall/Library AV Upgrade 9 1 P a g e Part 4: Equipment Rack System/Shades Contractor will be re-using current City rack. Part 5: Projection Screen System Contractor shall provide the labor and materials necessary to install one (1) new wall mount quiet LVC projection screen with a width of 11' and a 16x10 aspect ratio. The screens shall have the capabilit; to be controlled via closed contact relay and accessed via the wireless touch panels. ADD ALTERNATE SERVICES-TIGARD PUBLIC LIBRARY Part 1: Video System Contractor shall provide the labor and materials necessary to install new matrix switcher along with new HDMI and VGA with audio floor box baluns. The system will be able to show client supplied Barco,room PC,cable TV feed,and three (3) floor boxes. Contractor will reuse the City's current projector. The system shall also have one (1) digital HDbaseT video/data 8x4 matrix switcher capable of taking in any video/data signal and outputting a fully digital signal. Part 2: Audio System Contractor will provide the labor and materials necessary to install 3 new combo unit microphones,5 new hand-held microphones,DSP-1280 digital audio processor. Contractor will reuse the City's current amp and assisted listening system. The audio system will be fully controlled via the two new iPad touch panels. The system will allow for ramping volume of all video sources as well as all microphones. The microphones will be able to be controlled all together or individually. The digital audio processor will direct the audio out to the room amp and assisted listening system. Part 3: Control System Contractor will provide the labor and materials necessary to install and configure the new Crestron control system. Two iPads will work as the control interface for the entire system and will be mounted on the wall at the current control panel locations.A third iPad will be configured for remote/ mobile control of the room. The iPads will give control of all source switching,mic control,video source audio control,audio calling, as well as turning on and off the system. The new control system will be on its own new Contractor provided wireless network that will be standalone and not connected to the Clients internal network unless you choose to do so. The Control System shall control the following items: • Display-Power and Input Selection • System Switching • Audio level control- Graphical Feedback,Speaker Mute,Microphone Mute • System Power • DVD player control • Screen Up/Down • Interface with the Lutron lighting system for lighting and shade control. Part 4: Equipment Rack System/Shades Contractor will be re-using current City rack. 2019 PI—Town Hall/Library AV Upgrade 10 P e ATTACHMENT B CONTRACTOR PROPOSAL 2019 PI—Town Hall/Library AV Upgrade g e CITY OF TIGARD,OREGON PUBLIC IMPROVEMENT CONTRACT PAYMENT BOND r,ORPORATF Bond Number: 72112154 SEAL Project Name: City of Tigard-City Hall/Library AV Upgrade WESTERN SURETY COMPANY (Surety#1) Bond Amount No. 1: $ 93,947.45 (Surety 92)"° Bond Amount No.2:* $ *Ifusirrgrustlesuites Total Penal Sum of Bond: $93,947.45 We, Klasstech Audio Video Services,LLC 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)Nket -Three Thousand Nine Hundred F2ML-Seven and 45/100 Dollars($93,947.45) (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; WIEIEREAS, 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, Elie Principal has agreed to perforin the Contract in accordance with Elie terms, conditions, requirements,plans, and specifications,and schedule of contract prices which are set forth in the Contract and any attaclunents, 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 fo 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 by it undertaken to be performed under said Contract and any duly authorized modifications that are made, upon the terms set forth therein, mid 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 suffired 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 clue the State Industrial Accident, Fund and the State Unemployment Compensation Fund from the Prircipal or its subcontractors in connection with the performance of the Contract;and shall pay over to ; Oregon Department of Revenue all sums required to be deducted and retained from the wages of cniph- .:s of the Principal and its subcontractors pursuant to ORS 316.167,and shall permit no lien nor claim to a filed or prosecuted against the City on account of any labor or materials furnished, and shall do all thin required of the Principal by the laws of the State of Oregon,then this obligation shall be void;otherwiset 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 paymcnt of any prcmiums. This bond is given and received under the authority of ORS Chapter 2790 and Tigard Public Contracting Rules,the provisions of which are incorporated into this bond and made a part hereof IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATWES. Dated this 9th day of January 2019 PRINCIPAL:/Klasstech Audio Video Services,LLC By: w Signature �odrt e y (W e4 sed .7R lousku. Printed Name&Titic A 12 44z(*.4 SURETY; WESTERN SURETY COMPANY VW signatures for each surety of xmg mmbple bonds) BY ATTORNEY-IN-FACT: (Power-of-Aitomey must aaco Many each-suety bao Megan Clegg,Attome -in-Fact Name �ORPORATF = I' SEAL Signature ` 151 N.F ran J-m, 17th Fl. Address Chicago,1I, 60606 City State Zip 800-331-503_ 605-335-0357 Plica.w Fax CITY OF TIGARD,OREGON PUBLIC IMPROVEMENT CONTRACT PERFORMANCE BOND • I c�RPoRAlt Bond Number: 72112154 SEAL Project Name: City of Tigard-City HaMibrary AV Upgrade ` WESTERN SURETY COMPANY (Surety#1) Bond Amount No. 1: $93.947.45 (Surety $ * Bond Amount No.2-* $ #Vfrrszxg NNIAP10 seas Total Penal Sum of Bond: $93.947.45 We, Klasstech Audio Video Services,LLC 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,ruccessors, 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)Nin y-Three Thausand Nine Hundred Fwj�-Seven and 451100 Doll arc(S93,9-47-45�- _ (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 mane 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 pant of this Performance Bond by reference, whether or not attachedto the contract (all hereafter called "Contract");and WHEREAS, the Principal has agreed to perform. the Contract in accoidarlce with the terms, conditions, requirements,plans, and specifications, and 2.11 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 tears, conditions, and provisions of the Contract, in all respects, and shall well and truly and fully do and perform all matters and things undertaken by Contractor to be performed under the contract, upon the terms set forth therein, and within the time prescribed therein, or as extended 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 direct or indirect damages or claim 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 Principal or its subcontractors, and shall in all respects perform said contract according to law,then this obligation is to be void;otherwise, it shall remain in full force and effect. Nonpayment of the bond premium will not invalidatr. this i and nor shall the City of Tigard be obligated for the payment of any premiums. This bond is given and received under the authority of ORS Chapter 2790 and Tigard Public Contracting Rules,the provisions of which are incorporated into this bond and made a part hereof. IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTR.0 ENT TO BE E3MCUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES. Dated this 9th day of__ _ January ,, 2019 . PRINCIPAL:/Klassstech Audio Video Services LLC By: K/ • Signature We IQodM Mefievel( Printed Name g:Title Attesto�4 4-4ew; lee�— SU'RF,Ty. WESTERN SURETY COMPANY 0&sigmaAms for each marty if using mvbpk bonds) BY ATTORNEY-IN-FACT: (Power-of-Attorney mast a"mpany each snreiy boo Megan Clegg,Attorney-in-Fact Name �' CORPORgTF SEAL Signature ` 151 N.Fra ' 7th Fl. Address Chicagoo,IL 60606 City State Zip 800-331-6053 605-335-0357 Phone Fah Western Surety Company POWER OF ATTORNEY-CERTIFIED COPY Bond No. 72112154 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make, constitute and appoint Megan Clegg its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Klasstech Audio Video Services, LLC Obligee: City of Tigard Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No. 72112154 is not issued on or before midnight of February 15, 2019 all authority conferred in this Power of Attorney shall expire and terminate. .%tstssr1 fief Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its cor * eat-m-be%this 9th day of January 2019 s do'.� �i or,,�' ` TGs` A,;y ^CORPOORAF WEST R SURE COMPANY tj seal T �A SEAL P •••..u. , 1 Paul T. ruflat,Vice President ss CO � On this 9th day of January ,in the year 2019 before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WE STERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. 444444444444444444444444 4r J. MOHR NOTARY PUBLIC d L t Notary Public-South Dakota J d i SOUTH DAKOTA SEAL i �44444444444h44444444444 My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 9th day of January 2019 WEST R / SURECOMPANY Paul T. ruflat,Vice President To validate bond authenticity,go to www.cnasuretv.com >Owner/Obligee Services>Validate Bond Coverage. Form F5306-10-2017