OPNW ~ CP21003 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUSTACCOMPANYEVERYCONTRACT)
Contract Title: Modular Furniture City Hall Remodel Number: C P2 1 003
Contractor: OPNW Contract Total: $52,000.00
Contract Overview: Contractor agrees to provide services related to purchase and installation of module
furniture as detailed in Exhibit—A Scope of Services and by this reference made a
art hereof.
I
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate xx❑ Low
Risk Reduction Steps: Work area will not be occupied by staff and notifications will be up if staff needs to
come into the area
Risk Comments:
Risk Signature:
Contract Manager:Justin James Ext: 2589 Department: FIS
Type: ❑ Personal Svc ❑ Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase
® Other: Prevailing Wage Start Date: 06/15/2020 End Date: 08/31/2020
Quotes/Bids/Proposal: FIRM AMO NT SCORE
OPNW $52,000
Harris Work Systems $52,915
Rose City $66,099
Account String: Fund-Division-Account Work Order-Activij�:Zq2e Amount
FY 2020/21 400-8000-56005 91022-140 52,000
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature: Justin Filled out and agreed to.
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract# CP21003
CITY OF TIGARD,OREGON
PREVAILING WAGE AGREEMENT FOR SERVICES RELATED TO
MODULAR FURNITURE CITY HALL REMODEL
THIS AGREEMENT made and entered into this 15`' of June, 2020 by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called "City", and OPNW, hereinafter called
"Contractor", collectively known as the "Parties."
RECITALS
WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services; and
WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for
which City requires the services; and
WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services
described in Contractor's bid or proposal;
THEREFORE,The Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor agrees to provide services related to purchase and installation of module furniture as
detailed in Exhibit A—Scope of Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed, together with an executed
copy of this Agreement. This Agreement shall become effective upon the date of execution and shall
expire, unless otherwise terminated or extended, on August 31,2020. All services shall be completed
prior to the expiration of this Agreement.
3. PREVALING WAGE
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions
pertaining to minimum salaries and wages are incorporated herein by reference as if fully set forth.
The Contractor agrees that the workmen in each trade or occupation required for the work to be done
pursuant to the contract, employed in the performance of the 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, and attached hereto.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing
Wage Rate requirements, the Contractor must ensure that workers will be paid the higher of the
applicable federal or state rate. If the Contractor fails to pay for labor or services, the City may pay
for those labor and services and withhold these amounts from payment s that are due the Contractor
in accordance with ORS 279C.515.
Contractor shall provide proof as requested to the City prior to the beginning of any of the work that
the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with
the Construction Contractors Board as required under Oregon PWR law. Contractor shall also require
in every subcontract to this Agreement that the subcontractor file a public works bond with the
Construction Contractors Board in the amount of$30,000 prior to starting work on this project unless
otherwise exempt.
For contracts $50,000 or greater, the City shall pay a fee equal to one-tenth of one percent (.001) of
the price of the contract to the Bureau of Labor and Industries. The fee shall be paid on or before
the first progress payment or sixty (60) days from the date work first began,whichever comes
4. COMPENSATION
City agrees to pay Contractor an amount not exceeding Fifty-Two Thousand and No/100 Dollars
($52,000.00) for performance of those services described herein,which payment shall be based upon
the following applicable terms:
A. Payment will be made in installments based on Contractor's invoice, subject to the approval by
the City, and not more frequently than monthly. Payment will be made only for work actually
completed as of the date of invoice.
B. 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.
C. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for
the prosecution of this work.
D. 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.
E. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
F. 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.
G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40
hours in any one work week except for individuals under the contract who are excluded under
ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime.
H. Contractor shall promptly, as due, make payment to any person, co-partnership, association or
corporation,furnishing medical, surgical,hospital care or other needed care and attention incident
to sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay
for such services and all moneys and sums which Contractor collected or deducted from the wages
of employees pursuant to any law, contract or agreement for the purpose of providing or paying
for such service.
I. The City certifies that sufficient funds are available and authorized for expenditure to finance costs
of this contract during the current fiscal year. Appropriations for future fiscal years shall be subject
to budget approval by the City Council.
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J. Contractor shall include proof of payment to any and all subcontractors and suppliers with each
statement submitted to the City. The City shall retain the right to withhold payments if required
proof of payment to subcontractor and suppliers is not included with a statement.
K. As required under State of Oregon Prevailing Wage Rate (PWR)Law,the City shall withhold 25%
of any progress payment amounts owed to Contractor if Contractor has failed to file certified
statements with the City.
4. PAYMENTS
A. Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS
279C.555, shall be made to the Contractor within thirty (30) days of the City's receipt of the
statement of services. The Contractor agrees that the "Time of Completion"is defined in the Bid
Proposal, and agrees to complete the work by said date. The Contractor and City agree that the
City will suffer damages each day the work remains uncompleted after the Time of Completion
and that the amount of those damages are difficult to calculate. Contractor and City agree that a
reasonable amount of damages for late completion is $500.00 per day and Contractor agrees to
pay damages in that amount if the work is not completed by the Time of Completion.
B. Final Payment: The contractor will notify the City in writing when the Contractor considers the
project complete, and within 15 dasys after receiving the written notice, the city will either accept
the work or notify the Contractor or work yet to be performed on the contract.
Upon acceptance by the City, the entire balance due to the Contractor, including the retained
percentage, will be paid to the Contractor, by the City within 30 days after the date of said final
acceptance.
The will pay to the Contractor interest at the rate of one and one-half percent per month on the
final payment due the Contractor, to commence 30 days after the work under the Contract has
been completed and accepted and to run until the date when final payment is tendered to the
Contractor. If the City does not, within 15 days after receiving written notice of completion,
notify the Contractor of work yet to be performed to fulfill contractual obligations, the interest
provided by this subsection shall commence to run 30 days after the end of the 15-day period.
As a further conditions of final acceptance, the City may require the Contractor to submit
evidence, satisfactory to the City's Representative, that all payrolls, material bills, and other
indebtedness connected with the project have been paid, except that in case of any disputed
indebtedness or liens, the Contractor may submit in lieu of evidence of payment, a surety bond
satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond
5. ASSIGNMENT/DELEGATION
Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment has any force or effect unless and until the other party
has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully responsible
for the acts or omissions of any subcontractors and of all persons employed by them. Neither the
approval by City of any subcontractor nor anything contained herein creates any contractual relation
between the subcontractor and City. The provisions of this Agreement are binding upon and will
inure to the benefit of the parties to the Agreement and their respective successors and assigns.
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6. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. The following addresses
shall be used to transmit notices, bills,payments, and other information:
CITY OF TIGARD
Attn:Justin James Attn: Gary Phillips
Address: 13125 SW Hall Blvd. Address: (Contractor's mailing address)
Tigard, Oregon 97223 Tigard, Oregon 97223
Phone: (503) 718-2589 Phone: (503) 546-4120
Email: justinj@tigard-or.gov Email: gpnopnw.com
7. ACCESS TO RECORDS
City will have access to such books, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
8. FORCE MATEURE
Neither City nor Contractor will be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy,
civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight
embargo,unusually severe weather or delay of subcontractor or supplies due to such cause;provided
that the parties so disenabled will within ten (10) days from the beginning of such delay, notify the
other party in writing of the cause of delay and its probable extent. Such notification will not be the
basis for a claim for additional compensation. Each party will, however, make all reasonable efforts
to remove or eliminate such a cause of delay or default and will,upon cessation of the cause,diligently
pursue performance of its obligation under the Agreement.
9. HAZARDOUS MATERIALS
Contractor will comply with all federal Occupational Safety and Health Administration (OSHA—
requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon
OSHA Hazard Communication Rules, if any goods or services provided under this Agreement may
release, or otherwise result in an exposure to, a hazardous chemical under normal conditions of use
(for example, employees of a construction contractor working on-site), it is the responsibility of
Contractor to provide the City with the following information: all applicable Safety Data Sheets, the
identity of the chemical/s, how Contractor will inform employees about any precautions necessary,
an explanation of any labeling system, and the safe work practices to prevent exposure. In addition,
Contractor must label, tag, or mark such goods.
10. NON-DISCRIMINATION
Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
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C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101- 336); and
ORS 659A.142, including all amendments of and regulations and administrative rules, and all other
applicable requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations.
11. INDEMNITY
Contractor agrees to and shall defend, indemnify and hold harmless City, City's officers, employees,
agents and representatives from and against all liability, claims, costs, demands, judgments, penalties,
and causes of action of any kind or character,or other costs or expenses incidental to the investigation
and defense thereof,of whatever nature,resulting from or arising out of the activities of the Contractor
or its subcontractors, agents, or employees in performance of this contract, except,however, that the
foregoing shall not apply to liability that arises out of the City's, its officers, employees, agents and
representatives sole negligence. 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 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 risks arising directly or indirectly out of Contractor's activities
or work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain,at contractor's expense,and keep in effect during the term of this contract,
Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (CG 2010 1185 or equivalent). This coverage shall include Contractual
Liability insurance for the indemnity provided under this contract. The following insurance will
be carried:
Coverage Limit
General Aggregate 3,000,000
Products-Completed Operations Aggregate 2,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 2,000,000
Fire Damage (any one fire) 50,000
B. Commercial Automobile Insurance
Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the
contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and
non-owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall
not be less than $2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract,the Contractor
shall obtain, at Contractor's expense, and keep in effect during the term of the contract, business
automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined
Single Limit per occurrence shall not be less than$2,000,000.
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C. Workers' Compensation Insurance
The contractor, its Subcontractors, if any, and all employers providing work, labor, or materials
under this Contract that are subject employers under the Oregon Workers' Compensation Law
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 obtain workers' compensation coverage. All non-
exempt employers shall provide Employer's Liability Insurance with coverage limits of not less
than $1,000,000 each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability, shall
include the City its officers, employees, agents and representatives as additional insureds with
respect to this contract.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. All policies of insurance must be written by companies having an A.M.
Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any
insurance carrier(s) with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City will
consider whether such self-insurance is acceptable if it meets the minimum insurance requirements
for the type of coverage required. If the Contractor is self-insured for commercial general liability
or automobile liability insurance the Contractor must provide evidence of such self-insurance.
The Contractor must provide a Certificate of Insurance showing evidence of the coverage
amounts on a form acceptable to the City. The City reserves the right in its sole discretion to
determine whether self-insurance is adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall furnish a
Certificate of Insurance to the City. No contract shall be effective until the required Certificates
of Insurance have been received and approved by the City. The certificate will specify and
document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration.
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent contractor.
Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30.265.
I. Primary Coverage Clarification
The parties agree that Contractor's coverage shall be primary to the extent permitted by law. The
parties further agree that other insurance maintained by the City is excess and not contributory
insurance with the insurance required in this section.
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J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability, pollution and errors and omissions policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard, Oregon 97223
At the discretion of the City,a copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company may be required to be forwarded to the above
address.
Such policies or certificates must be delivered prior to commencement of the work. 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 caused by negligence or neglect connected with this contract.
12. SUBCONTRACTS -ASSIGNMENT &DELEGATION
Contractor shall submit a list of Subcontractors for approval by the City, and Contractor shall be fully
responsible for the acts or omissions of any Subcontractors and of all persons employed by them,and
neither the approval by City of any Subcontractor nor anything contained herein shall be deemed to
create any contractual relation between the Subcontractor and City.
This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their legal representatives. Contractor shall
not assign any rights nor delegate any duties incurred by this contract, or any part hereof without the
written consent of City, and any assignment or delegation in violation hereof shall be void.
Any and all subcontracts issued by the contractor shall contain a provision that workers shall be paid
not less that the PWR Law specified minimum wage.
13. CONTRACTOR- PAYMENT OF BENEFITS- HOURS OF WORK
A. The Contractor shall:
1) Make payment promptly,as due,to all persons supplying to such Contractor labor or material
for the prosecution of the work provided for in this contract;
2) Pay all contributions or amounts due the under the Industrial Accident Fund form the
Contractor or subcontractor incurred in the performance of this Agreement;
3) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS
316.167.
4) Not permit any lien or claim to be filed or prosecuted against the City of Tigard, on account
of any labor or material furnished;
B. The Contractor or the Contractor's Surety and every Subcontractor or the Subcontractor's Surety
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will file certified statements with the City in writing in form prescribed by the Commissioner of
the Bureau of Labor and Industries,certifying the hourly rate of wage paid each worker which the
Contractor or the Subcontractor has employed upon such public work,and further certifying that
no worker employed upon such public work has been paid less than the prevailing rate of wage,
which certificate and statement shall be verified by the oath of the Contractor or the Contractor's
Surety or Subcontractor or the Subcontractor's Surety that the Contractor or Subcontractor has
read such statement and certificate and knows the contents thereof and that the same is true to
the Contractor's or Subcontractor's knowledge.
1) The certified statements shall set out accurately and completely the payroll records for the
prior week,including the name and address of each worker,the worker's correct classification,
rate of pay,daily and weekly number of hours worked,deductions made and actual wages paid.
2) Each certified statement required herein shall be delivered or mailed by the Contractor or
Subcontractor to the City. A true copy of the certified statements shall also be filed at the
same time with the Commissioner of the Bureau of Labor and Industries. Certified statements
shall be submitted as follows:
a) Each Contractor or Subcontractor shall preserve certified statements for a period of three
years from the date of completion of the contract.
C. The Contractor agrees that if the Contractor fails,neglects or refuses to make prompt payment of
any claim for labor or services furnished to the Contractor or a Subcontractor by any person in
connection with this contract as such claim becomes due, the proper office of the City of Tigard
may pay such claim to the person furnishing the labor or services and charge the amount of the
payment against funds due or to become due to the Contractor by reason of such contract.
Payment of a claim in this manner shall not relieve the Contractor or the Contractor's Surety from
obligation with respect to any unpaid claims.
D. Contractor agrees that no person shall be employed for more than ten (10) hours in any one day,
or 40 hours in any one week, except in cases of necessity or emergency or when the City deems it
in the best interest of the public or policy absolutely requires it, in which event, the person so
employed for excessive hours shall receive at least time and a half pay for the following:
1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when
the work week is five consecutive days,Monday through Friday; or
2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the
work week is four consecutive days,Monday through Friday; and
3) For all work performed on Saturday and on the legal holidays specified in ORS 279C.540.
E. The Contractor agrees to provide a written schedule to all employees showing the number of
hours per day and days per week the employee may be required to work.
F. No City employee shall be required to work overtime or on a Saturday, Sunday or holiday in the
fulfillment of this contract except where the Contractor agrees to reimburse the City in the amount
of money paid the employee for such work as determined by state law, the City's personnel rules
or union agreement. The Contractor shall require every subcontractor to comply with this
requirement.
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G. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material within
30 days after receipt of payment form the City or from the Contractor to a subcontractor, the
Contractor or first-tier subcontractor shall owe the person the amount due plus interest
commending at the end of the 10 day period that the payment is due under ORS 279C.580,unless
payment is subject to a good-faith dispute. The interest rate shall be as specified in ORS
279C.515(2). If the Contractor or any subcontractor fails, neglects, or refuses to pay a person
furnishing labor or material, the person may file a complaint with the Construction Contractors
Board,unless the payment is subject to a good faith dispute as defined in ORS 279C.580.
H. Contractor shall include a clause in each contact with a subcontractor a requirement that the
contractor pay the subcontractor for satisfactory performance within 10 days of receipt of
payment from the City for the work. Contractor shall include in contracts with subcontractors an
interest provision for such payments in compliance with ORS 279C.580. Contractor shall include
a clause in each contract with a subcontractor requiring the subcontractor to meet the same
payment and interest standards as required by ORS 279C.580 (4).
14. DRUG TESTING PROGRAM
ORS 279C.505 requires that all public improvement contracts contain a provision requiring
contractors to demonstrate that an employee drug-testing program is in place. The Contractor
demonstrates that a drug-testing program is in place by signing of the contact. The drug testing
program will apply to all employees and will be maintained for the duration of the Contract awarded.
Failure to maintain a program shall constitute a material breach of contract.
15. DELIVERY
Contractor will deliver the furniture no later thant 60 days after execution of this agreement.
Contractor agrees to provide furniture as sepcified in Exhibit A&B.
Within 7 days followin deliver, City will inspect the goods and will notify Contractor immediately of
any damaged items. No language contained in a purchase order, work order or delivery order will
vary, amend,modify or add terms or conditions to their Agreement under which the order is placed.
16. INSTALLATION
The Contractor will install all goods at the Prevailing Wage Rate as of Januay 2020. All furniture and
goods are to be installed and completed no later than August 31,2020. Any installation by Contractor
will be in accordance with the provision of this agreement,including all Exhibits.
17. TESTING AND ACCEPTANCE
Contractor will test the goods prior to delivery. Contractor's tests will determine whether the goods
meet Contractor's specifications and are fit for the purpose intended. Acceptance or rejection of the
goods purchased shall occur 10 days after delivery and inspection by Buyer. Failure to inspect and
accept or reject goods shall neither relieve Contractor from responsibility for such goods, which do
not meet the requirements in this Agreement nor impose liability on Buyer
18. CONTRACTOR'S EMPLOYEE MEDICAL PAYMENTS
Contractor agrees to pay promptly as due, to any person, co-partnership, association or corporation
furnishing medical, surgical, and hospital care or other needed care and attention incident to sickness
or injury to the Contractor's employees,all sums which the Contractor agreed to pay for such services
and all money and sums which the Contractor collected or deducted from employee wages pursuant
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to any law, contract or agreement for providing or paying for such service as referenced in ORS
279C.530
19. ATTORNEY'S FEES
In the event an action, suit of proceeding, including appeal, is brought for failure to observe any of
the terms of this Agreement, each party is responsible for that party's own attorney fees, expenses,
costs and disbursements for the action, suit,proceeding, or appeal.
20. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor will comply with all applicable federal, state and local laws,rules and regulations applicable
to the work in this Agreement.
21. 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.
22. CITY OF TIGARD BUSINESS LICENSE
Contractor shall obtain, prior to the execution of any performance under this Agreement, a City of
Tigard Business License. The Tigard Business License is based on a calendar year with a December
31 st expiration date. New businesses operating in Tigard after June 30th of the current year will pay
a pro-rated fee though the end of the calendar year.
23. CONFLICT BETWEEN TERMS
In the event of a conflict between the terms of this Agreement and Contractor's proposal, this
Agreement will control. In the event of conflict between a provision in the main body of the Agreement
and a provision in the Exhibits, the provision in the main body of the Agreement will control. In the
event of an inconsistency between Exhibit A and Exhibit B,Exhibit A will control.
24. 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 validity of the remaining terms and provisions shall not be affected
to the extent that it did not materially affect the intent of the parties when they entered into the
agreement.
25. WARRANTIES
A. Against Defects: Contractor warrants that the goods shall remain free of defects in material and
workmanship for a period of one (1)year commencing the date of City's acceptance. Such defects
shall include any failure of the goods to meet Contractor's specifications or the description
contained in Contractor's product literature. If within the warranty period City discovers such a
defect, Contractor shall repair or replace the defective item or component free of charge. If after
three attempts Contractor is unable to eliminate a defect,or if Contractor does not commence the
warranty work within the time allowed in this paragraph, City shall have the right to return the
defective item or component and,at City's option,either obtain a full refund of the purchase price
of the goods or obtain a refund,in an amount to be agreed upon by the parties, of the portion of
the purchase price of the goods that is allocable to the defective item or component. Contractor
shall commence all warranty work within 48 business hours of receiving notice of the warranty
claim. All warranty work shall be performed at City's facilities unless otherwise agreed by the
parties. If warranty work is performed at Contractor's facilities, Contractor shall pay all shipping
costs,including the cost of return shipment. This warranty shall apply to all repair parts furnished
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by Contractor and all repairs performed by Contractor..
B. Intellectual Property Warranties: Contractor warrants that none of the goods,the use thereof
or any of the applications,processes or designs employed in the manufacture thereof infringes the
valid claims of any letter patent,patent application,copyright,trade secret or any other property
right of any third party. If as a result of any suit or proceeding alleging an infringement of any of
the foregoing property rights City's use of the equipment is enjoined, Contractor shall at no cost
to City either obtain for City a license to use the goods or modify the goods so as to avoid the
infringement without any degradation in performance. If Contractor cannot obtain such a license
and cannot so modify the equipment,Contractor shall promptly refund to City the purchase price,
less a reasonable amount for depreciation.
C. Assignment of Manufacturer's Warranties: Contractor hereby assigns all warranties of the
manufacturers of components of the goods to City to the extent such warranties are assignable.
In the event Contractor must obtain the consent of the manufacturer or take other action before
any such warranties are assignable,Contractor shall do so prior to deliver.y
26. MAINTENANCE SERVICES
Unless otherwise provided in Specifications (Exhibit A) or the Proposal (Exhibit B), the City shall
have the right to maintains the goods purchased under this Agreement. Repairs or replacement of
parts by the City or its agents or maintenance contractors shall not alter or void any warranties for
equipment or goods purchased under this contract.
If provided for in the Specifications (Exhibit A)or the Proposal(Exhibit B),Contractor shall provide
maintenance services for a 2-year period commencing on the date of delivery under the guidelines
established in the Specifications (Exhibit A). All maintenance services shall be performed on City's
premises, unless otherwise agreed by the parties. Contractor shall provide substitute equipment of
equal quality and function for City's use if the maintenance services will exceed 7 days in duration.
City may terminate Contractor's maintenance services at any time without cause upon the delivery of
written notice. In the event of such termination,Contractor's other obligations under this Agreement
shall remain unchanged and Contractor shall promptly refund to City all amounts prepaid for
maintenance services and unused.
27. COMPLIANCE WITH TAX LAWS
Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge,
not in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters
316, 317, and 318. Contractor's failure to comply with the tax laws of this state or a political
subdivision of this state before the Contractor executed this Agreement or during the term of this
Agreement is a default for which the City may terminate this Agreement and seek damages and other
relief available under the terms of this Agreement or applicable law.
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.
CM of TtGARD pg
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By:Authorized City Representative By:Authorize Contractor Representative
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7/20/2020
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Date Date
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EXHIBIT A
SCOPE OF SERVICES
Service Description
The Service Provider shall:
1. Remove all existing paneling and furniture.
a. Contractor needs to recycle old furniture as needed to avoid it being disposed of in a landfill.
2. Install all new paneling and desks according to the attached drawing.
Furniture Requests
If brand name listed is not available, it does need to be equal and able to fit with existing furniture that is
already owned by the City.
The city has 25 panels in various heights between 42"—72" and various widths 24"—72", that would like to
have used and credited towards the cost of furniture.
Panels:
1. Steelcase Avenir or equal refurbished 53"panels with glass stacker (clear& frosted)
a. Sizes:
i. 24"
ii. 36"
iii. 42"
iv. 48"
v. 60"
vi. 72"
b. No power will be installed in panels
2. Fabric for panels: Guilford of Maine Tempest 2120 Full Stream 012 or similar with approved sample.
3. Frame is to be black
4. Avenir or comparable half height shelves.
a. Size 36"
b. Size 48"
Desks
1. High Pressure laminated work surfaces 3mm black edge band,Wilsonart Silicon EV 4811-60 or similar
with approved sample submitted seven (7) days prior to the closing date.
2. Built to fit, common sizes (actual size may vary)
a. 30x60"
b. 30x72" rectangle
c. 24x72x72x24 corner unit
d. 24x72x84x24 corner unit
e. 24x72x96x24 corner unit
f. 24x96x96x24 corner unit
3. All need to be 3 stage electric sit/stand base in black (lift all surfaces) 3251b minimum load capacity.
Both 2 and 3 leg styles.
a. Minimum height 24"
b. Maximum height 49.5"
c. Maximum noise level 40 db
4. Desks are to be free standing and not attached to panel walls
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5. Mobile pedestals, black, 2 drawer with locks &master keys, optional seat cushions.
a. Ability to fit under desk at lowest setting
6. Small drawer and file drawer
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EXHIBIT B
CONTRACTOR'S PROPOSAL
Furniture Quote Sheet
Updated Quote Sheet May 27, 2020
Panels
Unit Price Unit Price
Size Qty New Price Refurbished Price
24" 1 0 $ - 121 $ 121.00
36" 13 0 $ - 136.5 $ 1,774.50
42" 1 0 $ - 149 $ 149.00
48" 12 0 $ - 161.5 $ 1,938.00
60" 7 0 $ - 191 $ 1,337.00
72" 1 0 $ - 0 $ -
Total of Panels $ - $ 5,319.50
2 leg unit 3 leg unit
Desks Qty Price Price Price Price
30x60" 1 $ 529.00 $ 529.00 $ - $ -
30x72" 1 $ 553.00 $ 553.00 $ - $ -
24x72x72x24 Corner Unit 1 $ - $ - $ 1,013.00 $ 1,013.00
24x60x96x24 Corner unit 8 $ - $ - $ 1,032.00 $ 8,256.00
24x72x84x24 Corner Unit 1 $ - $ - $ 1,023.00 $ 1,023.00
24x72x96x24 Corner Unit 10 $ - $ - $ 1,039.00 $ 10,390.00
24x96x96x24 Corner Unit 4 $ - $ - $ 1,064.00 $ 4,256.00
Total of Desks $ 1,082.00 $ 24,938.00
Accessories Unit Price
Mobile Black Pedestals 44 142 $ 6,248.00
Half Heigh Shelves 36" 5 113 $ 565.00
Half Heigh Shelves 48" 5 119 $ 595.00
24 Glass Stackers Frosted 15 158 $ 2,370.00
36 171
42 182
48 191
60 203
72 216
24 Glass Stackers Clear 15 126 $ 1,890.00
36 138
42 144
48 151
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60 178
72 191
Installation Cost $ 6,650.00
Delivery Charge included in installation
No credit, but we will remove
Credit for existing Avenier Panels for free
550.00 estimated from
Cost of disposing and removal of existing furniture. picture. Actual to be charged
Total $ 50,207.50
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