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Paradigm Construction LLC ~ CP20009 City of Tigard CONTRACT CHANGE ORDER 13125 SW Hall Blvd. � Tigard, Oregon 97223 ■ AMENDMENT SUMMARY Phone- (503) 639-4171 FIELD CHANGE ORDER FORM Fax- (503) 684-7297 www.ti and-or. ov Project Title:Tigard City Hall Interior Remodel Project Manager:Justin James Contractor: Paradigm,LLC Original Contract#: Effective Dates: Chane Order/Amendment Amount: $5,371 Accounting String: Amendment Percentage Running Total: 13% AMENDMENT DETAILS Additional Scope: Electrical Changes and changing of transition car et. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract 174,493 Amendment 5,371 Amendment 2 17,513 New Contract Amount 197,377 REASONING FOR CHANGE ORDER/AMENDMENT BUDGET IMPACT AND REQUIRED ACTIONS REQUESTING PROJECT MANAGERAPPRO ING CITY STAFF Signature C/Signature Date _ Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules,regulations,and laws that may be in effect for the Signature work. The unit pricing in the original contract shall apply to all additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the IML encumbrances are met. Remember— the cumulative total of Amendments cannot exceed theproject's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT TIGARD CITY HALL INTERIOR REMODEL CP20009 AMENDMENT #1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and Paradigm,LLC,hereinafter referred to as Contractor,entered into on the 30th day of April, 2020,is hereby amended as follows: 3. EFFECTIVE DATE AND DURATION This Agreement is effective upon notice to proceed issued by the City and shall be substantially completed by jttly 3 4,202-0 November 30,2020. 4. Compensation City agrees to pay Contractor Otte Hundred Seventy -Nine Thousand F*ht Hundred Sixt=y Four and One Hundred Ninety-Seven Thousand Three Hundred Seventy Seven and No/100 Dollars ($197,377.00) for performance of those services provided herein Additional Scope Per attached quotes IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD PARADIGM CONSTRUCTION LLC o Signature Signature Chris Mullin Printed Name Printed Name 10/26/2020 Date Date Change Order Request #003 PARADIGM CONSTRUCTION LLC Justin James Date: 08/26/20 City of Tigard Project No: 20-0004—Tigard City Hall Remodel 13126 SW Hall Blvd COR Title: Replacement Carpet at Borders Tigard, OR 97223 Issue No: 003 For the work described below, we offer the following quotation. SCOPE OF CHANGES: Provide all labor, equipment, material, and overhead & profit for: 1. This COR is for replacement of the carpet at border areas between the carpet previously installed during the last remodel and the new carpet installed as part of this project. The previous border color(Black)was previously purchased and sitting onsite when the determination was made by the Owner to pick a different border color. Additionally, the decision was made to proceed with installation of the black borders prior to arrival of the new color Patcraft Linea 2 per the photo from the Owner in October. This change includes additional mobilization to the site and labor for removal and replacement of the border area carpet tile. Total Cost: $2,376.00 Completion Time will be '^'r„a�ED / ncCocn ccn by(0) Days for the Work Included in this Change Order. City of Tigard Paradigm Construction, LLC.C By: By: �lu�7� Justin James Chris Mullin Date: Date: 08/26/2020 Paradigm Construction Cost Estimate Summary Project: Tigard City Hall Remodel Description: COR No.003--Replacement Carpet at Borders Date: ####### Estimator: CM DESCRIPTION QTY UNIT MHJUNIT LABOR $/Unit LABOR COST WASTE $UNIT/MAT MAT COST SUBS/UNIT SUB$ EQP.$/UNIT EQUIP.$ HR % Replacement Carpet at Borders 1 LS 0 0 0 $ 0% $ $ 2,180.00 $ 2,180.00 $ $ TOTALS 0 1 Is $ $ 2,180.00 $ Ins. 1.00% $ 1.00% $ 1.00% $ 21.80 1.00% $ Bonds 3.00% $ 3.00% $ 3.00% $ 65.40 3.00% $ Fee 5.00% $ 5.00% $ 5.00% $ 109.00 5.00% $ Subtotal $ $ $ 2,376.20 $ Lab $ Mat $ Sub $ 2,376.20 Equip $ - COR Total $ 2376 Page 1 of 1 Rubenstein's Contract Carpet, LLC 3611 SW Hood Ave., Suite 222 Portland, OR 97239 www.rubensteins.com Phone: (503) 224-1007 Fax: (503) 224-0915 Oregon C.C.B. # 85976 Wash. # RUBEN CC 038JA TO: Paradigm Const. ATTN: Chris Mullin FROM: Amy Eucker RE: Tigard City Hall Number of sheets sent including cover page: 1 Comments and Remarks Pricing requested to change black accent carpet to a brown: Total: $ 2,180.00 This covers base bid items and c/o for the hall way. Includes trip charge to come back in October to change out the black carpet tile. Thank you, Amy Eucker amyeCcD_rubensteins.com Date: 8/19/2020 Please telephone us at (503) 224-1007 if you have any questions on documents received. Verify all pages received. Change Order Request #004 REVISED PARADIGM CONSTRUCTION LLC Justin James Date: 08/26/20 City of Tigard Project No: 20-0004—Tigard City Hall Remodel 13126 SW Hall Blvd COR Title: New Lighting, Switches, and Monitor Locations Tigard, OR 97223 Issue No: 004 REVISED For the work described below, we offer the following quotation. SCOPE OF CHANGES: Provide all labor, equipment, material, and overhead & profit for: 1. This COR is for additional electrical requirements required to provide two (2) additional LED flat panel light fixtures and one (1) dimmer switch at each of offices 101 — 106 as well as providing power and data to three (3) office monitor locations as coordinated with the Owner. The lighting and switches were excluded from the original bid due to the fact that the Note 103 was not called out in offices 101 — 106 in the bid documents and the added monitor locations were a request of the Owner. Also included in this proposal are a new (48) port patch panel to be installed in the IT closet as well as running and terminating of two (2) single port CAT 6 data terminations at Office 100 and outside the secure office for use with electronic displays as directed by the Owner, and a credit for final COR negotiations between Paradigm Construction and the City of Tigard. Total Cost: $6,700.00 Completion Time will be '^'r„a�ED / ncCocn ccn by(0) Days for the Work Included in this Change Order. City of Tigard Paradigm Construction, LLC. By: By: �?'� Justin James Chris Mullin Date: Date: 10/09/2020 Paradigm Construction Cost Estimate Summary Project: Tigard City Hall Remodel Description: COR No.004--New Lighting,Switches,and Monitor Locations at Row of Offices Date: 9-Oct-20 Estimator: CM DESCRIPTION QTY UNIT MHJUNIT LABOR $/Unit LABOR COST WASTE $UNITIMAT MAT COST SUB$/UNIT SUB$ EQP.$/UNIT EQUIP.$ HR % New Lighting and Switches at Offices 1 LS 0 0 0 $ 0% $ $ 4,980.00 $ 4,980.00 $ $ New Office Monitor Locations 1 LS 0 0 0 $ 0% $ $ 2,794.00 $ 2,794.00 $ $ New Patch Panel&(2)Single Port Data Drops 1 LS 0 0 0 $ 0% $ $ 1,700.00 $ 1,700.00 $ $ Final Electrical Changes Negotitation 1 LS 0 0 0 $ 0% $ $ (3,327.00) $ (3,327.00) $ $ TOTALS 0 $ $ $ 6,147.00 $ Ins. 1.00% $ 1.00% $ 1.00% $ 61.47 1.00% $ Bonds 3.00% $ 3.00% $ 3.00% $ 184.41 3.00% $ Fee 5.00% $ 5.00% $ 5.00% $ 307.35 5.00% $ Subtotal $ $ $ 6,700.23 $ Lab $ Mat $ Sub $ 6,700.23 Equip $ - COR Total $ 6,700 Page 1 of 1 Merrill Electric LLC P.O. Box 753 Gresham OR 97030 CCB#207278 (971)346-0883 Date: 8-24-2020 To: Paradigm Construction Job Address: 13215 SW Hall Blvd.,Tigard OR (Tigard City Hall) Phone#: Reference#: Electrical Bid Scope of Work: Power and Lighting Lighting • Demo existing lighting from offices. (101, 102, 103, 104, 105, 106) • Install new LED 2x4 Lithonia Flat Panel Lights. Refer to new lights installed in other areas, and spec submitted previously. (18 Total) • Install (1) Dimmer in each office to control lights. (7 Total) • Install LV dimming control wiring from switch location to each light. • Re-work existing wiring and terminate in new light fixtures. Lights, Dimmers, and Material = $ 3080.00 Labor = $1900.00 Total = $4980.00 Power- • Install Raised Power outlet to (3) locations. • Install Raised Data Sleeve to (3) Locations. • Install Data to (3) Locations. Material = $994.00 Labor = $1800.00 Total = $2794.00 Summary— Lights = $4980.00 Power = $2794.00 Total Bid = $7774.00 Note 1 - All labor was bid at prevailing wage. Note 2 - Lights are available locally, and can be sourced immediately. Note 3 - Grey slide dimmers are ordered, and take 1 week for delivery. Merrill Electric LLC P.O. Box 753 Gresham OR 97030 CCB#207278 (971)346-0883 Date: 10-1-2020 To: Paradigm Construction Job Address: 13125 SW Hall Blvd (Tigard City Hall) Reference#: Electrical Bid Scope of Work: Data and Patch Panel Data- • Install (1)Single data drop to (2) locations outside doors for touchpad. Rack- • Purchase and install 48 Port Patch Panel in Data Closet. Material = $500.00 Labor = $1200.00 Total bid = $1700.00 Note 1—Cost of patch panel is$220.00, and is only being charged as material and install. Punching of cables included in original bid. Change Order Request #005 PARADIGM CONSTRUCTION LLC Justin James Date: 10/09/20 City of Tigard Project No: 20-0004—Tigard City Hall Remodel 13126 SW Hall Blvd COR Title: Beam & Ceiling Work at Office 105 Tigard, OR 97223 Issue No: 005 For the work described below, we offer the following quotation. SCOPE OF CHANGES: Provide all labor, equipment, material, and overhead & profit for: 1. This COR is for structural work associated with adding a beam above the ceiling at the existing wall between offices 104 and 105 per details SK-1 and SK-2 from VLMK dated June 24, 2020. Additionally, this change includes all associated work to facilitate this change including temporary shoring, additional sheetrock patch, and replacement of the 2 x 2 acoustical ceiling system for office 105 since the existing system has been discontinued. Total Cost: $8,437.00 Completion Time will be '^'r„a�ED / ncCocn ccn by(0) Days for the Work Included in this Change Order. City of Tigard Paradigm/ Construction, LLC. By: By: L-XA-6d- Justin James Chris Mullin Date: Date: 10/09/2020 Paradigm Construction Cost Estimate Summary Project: Tigard City Hall Remodel Description: COR No.005--Beam and Ceiling Work at Office 105 Date: 9-Oct-20 Estimator: CM DESCRIPTION QTY UNIT MHJUNIT LABOR $/Unit LABOR COST WASTE $UNIT/MAT MAT COST SUB$/UNIT SUB$ EQP.$/UNIT EQUIP.$ HR % Shoring Set Up,Rental,and Tear Down 1 LS 0 0 0 $ 0% $ $ 2,120.00 $ 2,120.00 $ $ Beam Framing 1 LS 0 0 0 $ 0% $ $ 3,677.00 $ 3,677.00 $ $ Additional Sheetrock Patching 1 LS 0 0 0 $ 0% $ $ 623.00 $ 623.00 $ $ Replace Office 105 Acoustical Ceiling 1 LS 0 0 0 $ 0% $ $ 1,320.00 $ 1,320.00 $ $ TOTALS 0 $ $ $ 7,740.00 $ Ins. 1.00% $ 1.00% $ 1.00% $ 77.40 1.00% $ Bonds 3.00% $ 3.00% $ 3.00% $ 232.20 3.00% $ Fee 5.00% $ 5.00% $ 5.00% $ 387.00 5.00% $ Subtotal $ $ $ 8,436.60 $ Lab $ Mat $ Sub $ 8,436.60 Equip $ - COR Total $ 8,437 Page 1 of 1 is CONTRacroR$F /NCR TIGARD CITY HALL CHANGE ORDER # 1 REQUEST To: Paradigm Construction LLC Date: Monday, September 14, 2020 Attention: Chris Mullin Office: 503-209-3976 Address: 10260 SW Greenburg Ed. #400 Portland, OR 97223 JOB NAME JOB ADDRESS Tigard City Hall 13125 Southwest Hall Blvd Portland, OR 97223 FCHANGE ORDER SUMMARY AMOUNT Glulam Beam &Posts $3,677 New Ceiling Grid $1,320 Extra Patch & Repair $623 TOTAL $5,620 Prevailing Wage Rate at $58 an hour If you have any questions, please do not hesitate to call. Will Speakman LG Contractors, Inc. Cell:503-896-8730 Email: will@lgcon.net Thank you for your business! LG Contractors, Inc. * P.O. Box 70,Woodburn,OR 97071 * CCB#201232:WA LGCONC1844JE • Northwest Scaffold Service Inc. PO Box 33863 Contract Invoice Portland OR 97292 (503)761-1172 Invoice#: 200234-1 License: 176757 Date: 07/27/2020 Project: Tigard City Hall Shoring 200234 Billed To: Paradigm Construction LLC 13125 SW Hall Blvd. 17640 SW Sumac Lane Tigard OR 97223 Beaverton OR 97007 Ordered By: Chris Email Invoice To: cmullin@paradigmconstruct.com Terms: DUE UPON RECEIPT Purchase Order#: 20-0004 Description Amount Progress Bill 1 NORTHWEST SCAFFOLD SERVI Labor to Erect and Dismantle Shoring Per Quote 9200 NE HALSEY ST 2,000.00 Shoring Rental-4 Week Minimum PORTLAND, OR. 97220 120.00 503-761-1172 Notes: 7/27/20 Paid$2,120.00 with Visa Approval 035716 SALE REF#. 00000007 Batch #: 297 07/27/20 13:57:12 AVS: Y CVV2: M APPR CODE: 035716 ENCRYPTED BY ELAVON Trace: 7 VISA Manual CNP ************9943 AMOUNT $2,120.00 APPROVED A service change of 18.00%per annum will be charged on all amounts Non-Taxable Amount: 2,120.00 overdue on regular statement dates. Taxable Amount: 0.00 Thank you for your prompt payment! Sales Tax: 0.00 Please Remit to: Northwest Scaffold Service, Inc. Amount Due 0.00 P.O. Box 33863 Portland OR 97292 06/24/20 CT�Rq PROFFS, l CD I N 0, E % o N - E ° 2 P LAN M PQM, �ti O EXPIRE 30-2021 --------------____ B.O. (E) DECK Y 13'-6" +/-A.F.F. o 0 06/24/20 0 C T(JRq P I NOF� SSi EXISTING ROOF FRAMING PER SK 1 F O� TYPICAL E 9 OR 'GON ,^ EXISTING 2x BEARING WALL, 9 �O� CUT AS REQ'D AND SECURE 2 Q TO NEW BEAM WITH SIMPSON �N M p 'A34' CLIPS AT EACH STUD EXPIRES: —30-2021 BEAM PER SK-1 AL� (E) CEILING_� r 7 9'-0"A.F.F. � � A POST AND POST CAP PER BEYOND SK-1 V Q 1 STRUCTURAL DETAIL 0 SK- 1" = 1'-0" STRUCTURAL DETAIL N O N N r TIGARD CITY HALL 20190509 11/01/16 PROJ NO -E 13215 SW Hall Blvd SMS KMK Ir LMKENGINEERING + DESIGNTigard, OR 97223 °R""'" C"E°"E° STRUCTURAL DETAIL SK-2 933 S Kelly Avenue Portland,Oregon 972391 tel:503.222.44531 fax:503.248.92631 www.vlmk.com City of Tigard CONTRACT CHANGE ORDER 13125 SW Hall Blvd. AMENDMENT SUMMARY Tigard,Oregon 97223 Phone- (503) 639-4171 FIELD CHANGE ORDER FORM Fax- (503) 684-7297 www.tigard-or.gov Project Title:Tigard City Hall Interior Remodel Project Manager: Contractor: Paradigm,LLC Original Contract #: Effective Dates: Chane Order/Amendment Amount: $5,371 Accounting String: Amendment Percentage Running Total: 3% AMENDMENT DETAILS Additional Scope: Painting of ceiling in lobby and installation of carpet in small hallway between City Hall and Town Hall. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract I 174,493 Amendment 5,371 New Contract Amount 179,864 REASONING FOR CHANGE ORDER/AMENDMENT BUDGET IMPACT AND REQUIRED ACTIONS REQUESTING PROJECT MANAGER APPROVING ClSTAFF Signature Sigture 8/18/2020 Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules,regulations,and laws that may be in effect for the Signature work. The unit pricing in the original contract shall apply to all additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember —the cumulative total of Amendments cannot exceed theproject's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT TIGARD CITY HALL INTERIOR REMODEL CP20009 AMENDMENT #1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and Paradigm,LLC,hereinafter referred to as Contractor, entered into on the 30th day of April,2020,is hereby amended as follows: 3. Compensation City agrees to pay Contractor One Hundred Seventy Four Thousand Four Httfidred Ninety Three One Hundred Seventy-Nine Thousand Eight Hundred Sixty Four and No/100 Dollars ($179,864.00) for performance of those services provided herein Additional Scope • Painting of ceiling in lobby per attached quote • Installation of carpet in the small hallway between City Hall and Town Hall per attached quote IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD PARADIGM CONSTRUCTION LLC CAZ�_ Signature Signature Martha Wine Chris Mullin Printed Name Printed Name 8/18/2020 08/17/2020 Date Date Change Order Request #001 PARADIGM CONSTRUCTION LLC Justin James Date: 07/24/20 City of Tigard Project No: 20-0004—Tigard City Hall Remodel 13126 SW Hall Blvd COR Title: Lobby Ceiling Painting Tigard, OR 97223 Issue No: 001 For the work described below, we offer the following quotation. SCOPE OF CHANGES: Provide all labor, equipment, material, and overhead & profit for: 1. The attached scope description and notes in the drawings call for the Lobby walls and window and door trim to be painted. However, per our conversations onsite the Lobby ceiling was to be painted as well. This changes order request is for all work associated with the Lobby ceiling painting. Total Cost: $4,709.00 Completion Time will be WCREAS€D / DECRE4SED by(0) Days for the Work Included in this Change Order. City of Tigard Paradigm Construction, LLC. By: By: Justin James Chris Mullin Date: Date: 07/24/20 \ \ e @ ) / . . ) ®- # b { § _ ( � > � § ® ® ( y \ -- ® -- � • ) / a3 \ § \ \ # o >1 \ 2 u ± Cd \ } _ � tz \ GUa / } ` \ \ j ( � # § �\ w � 4013 § Chris Mullin From: Dave Bridgman <dave@precision1coatings.com> on behalf of Dave Bridgman Sent: Thursday,July 16, 2020 11:41 AM To: 'Chris Mullin' Subject: Tigard City Hall Attachments: SKM_454e20071611271.pdf, SKM_454e20071611270.pdf Good afternoon Chris, It has come to my attention that the ceiling in the Tigard City hall was excluded in our bid and not called out to paint in any of the project specifications. After the preconstruction walk with the owners representative and his direction to paint the ceiling, we on good faith, have begun the painting of the ceilings. Could you please provide us with the executed change order for painting of the ceilings in the lobby area,thank you! Add for Painting of Lobby Ceilings$4,320.00 Dave Bridgman Precision 1 Coatings Senior Estimator 971-221-5387 i Change Order Request #002 PARADIGM CONSTRUCTION LLC Justin James Date: 07/24/20 City of Tigard Project No: 20-0004—Tigard City Hall Remodel 13126 SW Hall Blvd COR Title: Carpet at Hallway to Town Hall Tigard, OR 97223 Issue No: 002 For the work described below, we offer the following quotation. SCOPE OF CHANGES: Provide all labor, equipment, material, and overhead & profit for: 1. The originally specified carpet per the bid documents was discontinued and as a result the Owner decided to add borders of black carpet anywhere that the carpet installed as part of the previous remodel would meet the new carpet areas. This was handled within the original budget for all areas within the original project area. However, the Owner decided that they wanted to remove and replace the previously installed carpet with black carpet at the hallway between the previously remodeled open office area and the Town Hall to receive new carpet as part of this project. Total Cost: $662.00 Completion Time will be WCREAS€D / DECRE4SED by(0) Days for the Work Included in this Change Order. City of Tigard Paradigm Construction, LLC. By: By: C?� WkA� Justin James Chris Mullin Date: Date: 07/24/20 \ \ } _ , 4 Pill, e @ / . . ) ®- # b { § _ ( � > � § ® ® ( y \ — -- ® -- 2 \ ( \ err w ) )) } � 7 \ E ± \ } _ � U \§ \ \ , Ga / } ` \ \ / ) \ ( � �\ w � 4013 \ Rubenstein's Contract Carpet, LLC 3611 SW Hood Ave., Suite 222 Portland, OR 97239 www.rubensteins.com Phone: (503) 224-1007 Fax: (503) 224-0915 Oregon C.C.B. # 85976 Wash. # RUBEN CC 038JA TO: Paradigm Const. ATTN: Chris Mullin FROM: Amy Eucker RE: Tigard City Hall Number of sheets sent including cover page: 1 Comments and Remarks Pricing requested to add carpet tile: Hallway connection to Town Hall: $ 607.00 Open Office: $6,297.00 Conference Room: $2,494.00 Option for afterhours at open office: $ 690.00 Cubicles to stay in place, all electronics must be removed from work surface. To be removed by others. All furniture to be moved by others. amye6d0bensteins.com Date: 7/10/2020 Please telephone us at (503) 224-1007 if you have any questions on documents received. Verify all pages received. CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORM MUSTACCDMPANYE vERYCONTRACT) Contract Title: City Hall remodel Number: C22? Contractor: Paradigm Construction LLC Contract Total: $174,493.00 Contract Overview: Phase 2 of City Hallremodel—(offices,west open space.TH.lobby demo walls, framing, sheet rock, paint, electrical, data,carpet, lighting,install doors,remove tile and polish concrete in lobby Initial Risk Level: ❑ Extreme ❑ High X Moderate X❑ Low Risk Reduction Steps: Work area will be tarped off flagged, taped or coned to alert staff. Risk Comments: Risk Signature: Contract Manager:.Justin lames _ Ext: 2589 Department: Facilities Type: ❑ Personal Svc ❑ Professional Svc ❑ Architectural Agr ® Public Imp ❑ General Svc ❑ Engineering Svc ❑ Other: Start Date: 5/13/2020_End Date: 7/31/2020_ Quotes/Bids/Proposal: FIRM AMOtJNT15c= Paradigm Construction LLC $174,493 Endres _ $184,257 i DL $326.493 EMTech $234,298 First Cascade $202,489 Account String: Fund-Division-Account Work Order—Activity Tape Amount FY 2019-20 650-6400-54001 5174,493 FY FY FY FY U12rovals - LCRB Date: Department Comments: Department Signature: � ] Purchasing Comments: o b 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. CITY OF TIGARD, OREGON kk TIGARD CITY HALL INTERIOR REMODEL DATE DUE: Tuesday,February 25,2020 TIME DUE: 2:00 pm A mandatory pre-bid conference will be held at 9:00 am local time on Thursday,February 13, 2020 at Tigard City Hall located at 13125 SW Hall Blvd,Tigard, Oregon 97223. 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,Tuesday, February 25, 2020. PROJECT MANAGER: ITB QUESTIONS: Justin James,Facilities Services Supervisor Jamie Greenberg,Purchasing Specialist City of Tigard,Central Services City of Tigard, Contracts and Purchasing Phone: (503) 718-2589 Phone: (503) 718-2492 Email: justinj&tigard-or.gov Email: jamientigard-or.gov SUBMIT BIDS TO: Jamie Greenberg,Purchasing Specialist City of Tigard—Utility Billing Counter 13125 SW Hall Blvd. Tigard, Oregon 97223 PUBLIC NOTICE INVITATION TO BID TIGARD CITY HALL INTERIOR REMODEL 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,February 25,2020 for the Tigard City Hall Interior Remodel construction project. Bids will be opened and publicly read aloud immediately following the closing. Work under this project shall include,but not necessarily be limited to: • Construction of new interior walls; • Construction of new doors; • Installation of new floors; • Demolition of existing walls and doors;and • Electrical work. A mandatory pre-bid conference and site examination will be held at 9:00 am local time on Thursday, February 13,2020 at Tigard City Hall located at 13125 SW Hall Blvd,Tigard, Oregon 97223. Bid packets may be downloaded from www.fgard-or.gov/bids or obtained in person at Tigard City Hall's Utility Billing Counter located at 13125 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 on Tuesday,February 25,2020. 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. 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: Daily Journal of Commerce Date: Monday,February 3,2020 ITB—Tigard City Hall Interior Remodel Close—Tuesday, February 25,2020—2:00 pm 2 1 Page TABLE OF CONTENTS TITLE PAGE Title Page Public Notice 2 --------------------------------------------------------------------------------------------------- Table of Contents 3 SECTION Section 1 Introduction 4 ---------------------------------------------------------------------------------------------------- Section 2 Bid Preparation---------------------------------------------------------------------------------------------- 4 Section 3 Bid Submission and Opening-------------------------------------------------------------------------6 Section 4 General Information 7 Section 5 Bid Evaluation and Award 8 Section 6 Special Bid Instructions..............................................................................................9 Section 7 Detailed Specifications----------------------------------------------------------------------------------- 9 ATTACHMENTS Attachment A Bid Form 11 ------------------------------------------------------------------------------------------------------- Attachment B Acknowledgement of Addenda---------------------------------------------------------------------16 Attachment C Bid Certifications 17 ------------------------------------------------------------------------------------------- Attachment D Bid Bond 18 ------------------------------------------------------------------------------------------------------- Attachment E First Tier Subcontract Disclosure Form 19 Attachment F City of Tigard PI Agreement-------------------------------------------------------------------------20 Attachment G Performance Bond Fortn------------------------------------------------------------------------------27 Attachment H Payment Bond Form-------------------------------------------------------------------------------------29 Attachment I Oregon BOLI Prevailing Wage Rates...................................................................31 EXHIBITS Exhibit A Construction Drawings ITB—Tigard City Hall Interior Remodel Close—Tuesday, February 25,2020—2:00 pm 3 1 Page 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,February 25,2020 for the Tigard City Hall Interior Remodel construction project. Bids will be opened and publicly read aloud immediately following the closing. Work under this project shall include,but not necessarily be limited to: • Construction of new interior walls; • Construction of new doors; • Installation of new floors; • Demolition of existing walls and doors;and • Electrical work. A mandatory pre-bid conference and site examination will be held at 9:00 am local time on Thursday, February 13,2020 at Tigard City Hall located at 13125 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 on Tuesday,February 25,2020. 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. 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. ITB—Tigard City Hall Interior Remodel Close—Tuesday, February 25,2020—2:00 pm 4 1 Page 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 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 Tigard City Hall Interior Remodel Closing February 25,2020 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. ITB—Tigard City Hall Interior Remodel Close—Tuesday, February 25,2020—2:00 pm 5 1 Page 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—Tigard City Hall Interior Remodel City of Tigard—Utility Billing Counter Attn: Jamie Greenberg,Purchasing Specialist 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 WALKTHROUGH A mandatory pre-bid site walkthrough will be held at 9:00 am,Thursday,February 13,2020 at Tigard City Hall, 13125 SW Hall Blvd,Tigard, Oregon 97223. 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 walkthrough are not binding on the City unless confirmed in an addendum. 3. BID OPENING Bids will be immediately following the closing in the Tigard City Hall's Red Rock Conference Room. Bidders may be present;however,award decisions will not be made at the opening. ITB—Tigard City Hall Interior Remodel Close—Tuesday, February 25,2020—2:00 pm 6 1 Page SECTION 4 GENERAL INFORMATION 1. DEFINITIONS For the purpose of these specifications,the following definitions shall apply: A. Qjy 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 form. 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 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). ITB—Tigard City Hall Interior Remodel Close—Tuesday, February 25,2020—2:00 pm 7 1 Page 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). 4. METHOD OF AWARD The City will determine the lowest responsible bid based on the maximum number of bid alternates that can be completed within the project's available budget. The City will consider all bids with respect to the base schedule and all additional alternates and will award to the lowest responsible bidder that is able to complete the most alternates within the City's available budget. 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 Monday,February3,2020 Release of ITB Thursday,February 13,2020—9:00 am Mandatory Pre-Bid Meeting Tuesday,February 25,2020—2:00 pm ITB Closing Date&Time Tuesday,March 24,2020 Contract Award by Local Contract Review Board Wednesday,April 1,2020 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, ITB—Tigard City Hall Interior Remodel Close—Tuesday, February 25,2020—2:00 pm 8 1 Page 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; 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 SERVICES BASE BID A. Demo,remodel and construction of six (6) existing office spaces,open space,lobby,Town Hall and hallways. Approx. 5,700 square feet. B. Demo of existing walls,electrical,carpet,tile and other necessary items as needed. C. Construct new walls,drywall,doors,and glass. D. Design build lighting and electrical. a. Upgraded all lighting to LED lighting. Eclipse OVHP-LED 2x4 to match other side of City Hall with dimmer switches. Reuse existing where possible. On plans 103 page 5. b. Also to include additional egress and emergency lighting assessment and retrofit. c. All electrical will be labeled and tagged. E. Low voltage/data installation. Approximately 32 locations.All to have electrical power and 3 CAT6 ports. All wiring to be labeled and tagged.Reuse existing where possible. F. Door access controls to be configured/compatible with current Brivo system and ADA requirements.Approx.4 doors. G. Flooring a. Carpet tiles in all City offices and Town Hall b. Polished concrete in Lobby. ITB—Tigard City Hall Interior Remodel Close—Tuesday, February 25,2020—2:00 pm 9 1 Page H. Add sound proofing to newly constructed walls. On plans number 100 and 101 I. Work will be performed during and around active city staff. Sensitivity and caution to be used in regards to noise and dusty work space. J. Friday through Sunday work time is allowed and site will be vacant. K. City has obtained necessary permits. L. All work shall include removal and disposal of debris/demo materials and cleaned on a daily basis. M. Project to be completed by June 30,2020 2. ALTERNATE 1 TOWN HALL A. Remove and dispose of existing carpet&the B. Install new carpet tiles wall to wall C. Remove and reinstall dais D. Paint 3. ALTERNATE 2 LOBBY A. Remove and dispose of existing tile B. Polish concrete C. Paint lobby walls and window&door trim D. Update lighting 4. ALTERNATE 3 GLASS WORK OFFICE A. Refer to number 115 on plans ITB—Tigard City Hall Interior Remodel Close—Tuesday, February 25,2020—2:00 pm 10 Page ATTACHMENT A CITY OF TIGARD,OREGON TIGARD CITY HALL INTERIOR REMODEL 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: Tigard Cin-Hall Interior Remodel Bid Due Date: Tuesday.February 25.2020 Name of Submitting Firm: PACAb[ The Undersigned(check one of the following and provide 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 :or A limited liability corporation organized under the laws of the State of IDEZ-foa[-1 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 Base Bid as follows: Base Bid P� � c VJowl We gwduj _r&9M r,19r1 1I�and--12-/100 Dollars ($ 3 S os;_} For the Bid Alternate one (1) the undersigned hereby proposed to famish all material and labor and perform all work contained in the Bid Alternate detailed for the above project in strict accordance with the Contract Documents as follows: Bid Add Alternate 1 f LKirpj owrliW,a d/JUF /x and /100 Dollars ($ For the Bid Alternate two (2) the undersigned hereby proposed to fiirnish all material and labor and perform all work contained in the Bid Alternate detailed for the above project in strict accordance with the Contract Documents as follows Bid Add Alternate 2 Itftand /100 Dollars For the Bid Alternate three(3)the undersigned hereby proposed to funiish all material and labor and perform all work contained in the Bid Alternate detailed for the above project in strict accordance with the Contract Documents as follows ITB-Tigard City Hall Interior Remodel Close-Tuesday,February 25,2020-2:00 pm 111 Page Bid Add Alternate 3 VP$ /" ad~ /100 Dollars ($ a?D l ) 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 L_, • Prevailing Wage Rates inclusive(dill in blanks if necessary) Accompanying herewith is a Bid Security which is equal to ten percent (10%) of the total amount of the Basic Bid. ITB—Tigard City Hall Interior Remodel Close—Tuesday,February 25,2020—2:00 pm 12 1 Page CITY OF TIGARD,OREGON TIGARD CITY HALL INTERIOR REMODEL BID TABULATION Item# Description Unit Price BASE BID 1 Demolition of walls Lump Sum �S 2 Carpet Installation Lum Sum 3 4 6 47- 3 Z3 Construction of New Walls & Lump Sum Offices 615, S9 t 4 Electrical Work Lump Sum 2 g p BASE BID TOTAL $ a 'S ALTERNATE 1 TOWN HALL 1 Demolition and disposal of carpet Lump Sum and the j fig$ 2 Carpet Installation Lump Sum 3,2 $5 3 Move and reinstall dais LUMP Sum (0."193 4 Painting Lump Sum $ ALTERNATE 1 TOWN HALL TOTAL $ ALTERNATE 2 LOBBY 1 Demolition and disposal of tile j4nnp Sum el. 6 $ 2 Polish concrete Lump Sum Q� 3 PaintingLum Sum 2 4 Lights Lump Sum ALTERNATE 2 LOBBY TOTAL $ . 3 a ALTERNATE 3 OFFICE GLASS 1 Store Front Installation Lump Sum .20 1 /1 ALTERNATE 3 OFFICE GLASS TOTAL $ .2D PROJECT TOTAL WITH ALL BID ALTERNATES $ / q 412-- ITB jZITB—Tigard City Hall Interior Remodel Close—Tuesday,February 25,2020—2:00 pm 13 Page The Undersigned agrees,if awarded the Contract, to execute and deliver to the City of Tigard,within fourteen (14) 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 V�Ae&c'a& r�_Daaht 0 C4 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 within fourteen (14) days after receiving the Contract forms, then the Bid Security may become the property of the City at the City's option;but if the Bid is not accepted within ninety(90) days 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 R(HAS❑ NOT (checapp k laeable 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 [61AS ❑ HAS NOT (check applicable status) complied with any Affirmative Action Requirements included 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 `nso(o with an expiration date of AprAj. ,it._)avll . Asa 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 �5 441E , Policy No. _ 7171911-1 ,and that Undersigned shall submit Certificates of Insurance as required. ITB—Tigard City Hall Interior Remodel Close—Tuesday,February 25,2020—2:00 pm 14 1 Pa h c Name of Company: itA &7MC7*2VCT 1Ur-/ , LJ C. Company Address: 1 Oalo o Sw 6ZEeiL41?Ur-6400 Federal Tax ID: Telephone: 61�k Fax: q a*1 (SEAL) 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 for the Tigard City Hall Interior Remodel construction project. I understand that I will be required to provide necessary information to verity that the firm meets these qualifications if selected for the s pbsequent Agreement. Authorized Signature: Printed Name&Title: 64r-fr, N V ffi Date: a�.�r1cro a o 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(28%) backup withholding. ITB—Tigard City Hall Interior Remodel Close—Tuesday,February 25,2020—2:00 pm 15 1 Page ATTACHMENT B ACKNOWLEDGEMENT OF ADDENDA CITY OF TIGARD,OREGON INVITATION TO BID TIGARD CITY BALL INTERIOR REMODEL I/WE HAVE RECEIVED THE FOLLOWING ADDENDA: none received write `None Received" 1. ACS{ v � - ��I! Q ' 0�0 3. 2. 4. aoa o Date ignature ofProposer Title N,P-kt>t b M d�rSTR C-r��r _ LL- Corporate LCorporate Name ITB—Tigard City Hall Interior Remodel Close—Tuesday,February 25,2020—2:00 pm 16 1 Page • ATTACHMENT C BID CERTIFICATIONS CITY OF TIGARD,OREGON INVITATION TO BID TIGARD CITY HALL INTERIOR REMODEL 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. 1 Agreed by: Firm Name: KTT..—L" 61,-1 L L Address: 34(o OV ,�t7 00 Resident Certificate Please Check One: M/ 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: ) t Officer's signature: Type or print officer's name: �F f S Ill V[-C. d• {�fL l l�[ c°{ L ('��1 ITB—Tigard City Hall Interior Remodel Close—Tuesday,February 25, 2020—2:00 pm 17 P a g e ATTACHMENT D—BID BOND CITY OF TIGARD CITY HALL INTERIOR REMODEL We, Paradigm Construction,LLC. ,as "Principal," (Name of Principal) and Merchants National Bonding, Inc. an Iowa Corporation, (Name of Surety) authorized to transact Surety business in the State of Oregon, as "Surety," hereby jointly and severally bind ourselves, our respective heirs, executors,administrators, successors,and assigns to pay unto the City of Tigard ("Obligee' the sum of Ten Percent of Total Amount Bid and /100 Dollars ($ 10%of Total Amount Bid 1. WHEREAS,the condition of the obligation of this bond is the Principal has submitted a Bid to the Obligee in response to Obligee's solicitation for the project identified as City Hall Interior Remodel which Bid is made a part of this bond by reference,and Principal is required to furnish Bid security in an amount equal to ten percent (10%) of the total amount of the Bid pursuant to the solicitation document. NOW,THEREFORE,if the Bid submitted by Principal is accepted,and if a Contract pursuant to the Bid is awarded to Principal,and if Principal enters into and executes such Contract within the time specified in the said documents and delivers to Obligee its good and sufficient Performance Bond and Payment Bond required by Obligee within the time fixed by Obligee,then this obligation shall be void;otherwise,it shall remain in full force and effect IN WITNESS WHEREOF,we have caused this instrument to be executed and sealed by our duly authorized legal representatives this 24th day of February , 2020 PRINCIP • Paradiom Construction,LLC. SURETY; Merchants National Bonding, Inc. By: 4BY ATTORNEY-IN-FACT Signature �efkiw. LCL(!<< Lyndsay C.Warren Pri Name&Title Printed Name Attest Signature 5400 Carillon Point Suite#417 Address Kirkland WA 98033 City State Zip ITB—Tigard City Hall Interior Remodel Close—Tuesday, February 25,2020—2:00 pm 18 1 Page MERCHANT ; BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Conor Davidson;James S Ewald;Jeanette Simmons;Jenifer McCormick;Lyndsay C Warren;Marc Baker;Wolter VanDoorninck their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of February 2020 b��y••o�•GP�t1ONg4�'�Z• • ° : NG C0*0• • Spov O, OHPU9q •• MERCHANTS BONDING COMPANY(MUTUAL) . 0 :� - 0Q�*. MERCHANTS NATIONAL BONDING,INC. 2003 or„L�! :6'2 1933 a'c• B .o a •.,�I• ...........•'J,.• W ��,• President STATE OF IOWA •••'''••••'•'�`•• •�•"••'� COUNTY OF DALLAS ss. On this 11th day of February 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �14t ►_s POLLY MASON o Commission Number 750576 Z .00,°°° m �My Commission Expires ° ,�,,P • January 07,2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 24th day of February 2020 xX%G Co CO P� 2 •° •0�0• PO �'°•. s,� t� y • o 2003 r 2- y 1933 C: Secretary POA 0018(1/20) .••.�•• �a.a.I '�.° • •••...••• ATTACHMENT E FIRST TIER SUBCONTRACTOR DISCLOSURE CITY OF TIGARD TIGARD CITY HALL INTERIOR REMODEL BID: Cin Hall Interior Remodel CLOSE:Febrvarm 25,2020-2:00 nm 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 furnishing 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 �) L $ 1569 !5' 2) �LIb�A�S� IIJS L� $ 3) $ 4) $ Failure to submit this form by the disclosure deadline will result in a nonresponsive Bid. A nonresponsive Bid will not be considered for award. Form submitted by(Bidder name): FVt V-*1>(&1t4 �Cl�S' t�vCT Y�.1 .� L.L C= Contact name: 6fjt,[ �. NyUhj Phone#: CD3- 01-397( ITB-Tigard City Hall Interior Remodel Close-Tuesday,February 25,2020-2:00 pm 19 1 P a g e C;j ATTACHMENT F CITY OF TIGARD PUBLIC IMPROVEMENT CONTRACT PWR CovERED PRof Ecr TIGARD CITY HALL INTERIOR REMODEL THIS CONTRACT,made and entered into this 30'day of April,2020, by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and Paradigm Construction, 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 the following. • Construction of new interior walls; • Construction of new doors; • Installation of new floors; • Demolition of existing walls and doors;and • Electrical work. 2. Contract Documents The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared by the City and performance pertaining to this Agreement,in the City of Tigard, Oregon, and by this reference made a part hereof to the same legal force and effect as if set forth herein in full. 3. EFFECTIVE DATE AND DURATION This Agreement is effective upon notice to proceed issued by the City and shall be substantially completed by July 31,2020. 4. Compensation A. City agrees to pay Contractor One Hundred Seventy Four Thousand Four Hundred Ninety-Three and No/100 Dollars ($174,493.00) for the base bid,bid alternate 1 and bid alternate 2 as provided of those services provided herein. B. City certifies that sufficient funds are available and authorized for expenditure to finance costs of this Contract during the current fiscal year. Funding in future fiscal years shall be contingent upon budgetary approval by the Tigard City Council. 5. Prevailing Wage 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. 6., Early Termination A. This Agreement may be terminated without cause prior to the expiration of the.agreed upon term by mutual written consent of the parties and for the following reasons: 1) If work under the Contract is suspended by an order of a public agency for any reason considered to be in the public interest other than by a labor dispute or by reason of any third parry judicial proceeding relating to the work other than a suit or action filed in regard to a labor dispute;or 2) If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Contract. B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Contractor against City under this Agreement C. Termination under any provision of this paragraph shall not affect any right, obligation, or liability of Contractor or City which accrued prior to such termination. 7. Cancellation with Cause A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City,under any of the following conditions: 1) If City fielding 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 bylaw 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 parry already accrued prior to such termination. B. City,by written notice of default(including breach of Contract) to Contractor, may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this Agreement within the time specified herein or any extension thereof,or 2) If Contractor fails to perform any of the other provisions of this Agreement,or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. The rights and remedies of City provided in the above clause related to defaults (including breach of Contract) by Contractor shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (B), Contractor shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred,an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Contractor bear to the total services otherwise required to be performed for such total fee;provided, that there shall be deducted from such amount the amount of damages,if any,sustained by City due to breach of Contract by Contractor. Damages for breach of Contract shall be those allowed by Oregon law, reasonable and necessary attorney fees,and other costs of litigation at trial and upon appeal. 8. Force Majeure Neither City nor Contractor shall be considered in default because of any delays in completion of responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the party so disenabled,including,but not restricted to,an act of God or of a public enemy,volcano,earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo, unusually severe weather or delay of Subcontractor or suppliers due to such cause;provided that the party so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the causes of delay and its probable extent Such notification shall not be the basis for a claim for additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause,diligently pursue performance of its obligation under Contract 9. Nonwaiver The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms of this Contract or to exercise any rights hereunder shallnot be construed as a waiver or relinquishment to any extent of its right to assert or rely upon such terms or rights on any future occasion. 10. Attorney's Fees In case suit or action is instituted to enforce the provisions of this contract,the parties agree that the losing party shall pay such sum as the Court may adjudge reasonable attorney's fees and court costs including attorney's fees and court costs on appeal. 11. 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. 12. Indemnification Contractor agrees to indemnify and defend the City, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from,during or in connection with the performance of the work described in this Contract,except liability arising out of the sole negligence of the City and its employees. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 13. Insurance Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this Contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its Subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance: Contractor shall obtain, at contractor's expense,and keep in effect during the term of this Contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this Contract. The following insurance will be carried: Coverage Limit General Aggregate $3,000,000 Products-Completed Operations Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage (Any one fire) $50,000 B. Commercial Automobile Insurance: Contractor shall also obtain, at Contractor's expense, and keep in effect during the term of the Contract, "Symbol 1" Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000. C. Workers' Compensation Insurance: The Contractor, its Subcontractors, if any, and all employers providing work,labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not to obtain such coverage." This shall include Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. D. Additional Insured Provision: The City of Tigard,Oregon,its officers,directors,and employees shall be added as additional insureds with respect to this contract. All Liability Insurance policies will be endorsed to show this additional coverage. E. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The insurance carrier shall have a minimum of an AM Best Rating "A" with a financial strength of VII or better. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. F. Certificates of Insurance: A copy of each insurance policy,certified as a true copy by an authorized representative of the issuing insurance company,or at the discretion of City,in lieu thereof,a certificate in form satisfactory to City certifying to the issuance of all such insurance provisions of this Contract shall be forwarded to: City of Tigard Attn: Office of Contracts and Purchasing 13125 SW Hall Blvd Tigard,Oregon 97223 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-]LiabilityClause: A cross-liability clause or separation of insureds clause will be included in all general liability,and pollution policies required by this Contract. 14. Method and Place of Giving Notice Submi1fM Bills and Malging 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 PARADIGM CONSTRUCTION,LLC Attn: Justin James,Facilities Svcs Supervisor Atm: Chris Mullin Address: 13125 SW Hall Boulevard Address: 10260 SW Greenburg Rd Ste 400 Tigard,Oregon 97223 Tigard OR 97223 Phone: 503) 718-2589 Phone: 503 452-6922 Email: 'ustin a1.0 rzrd-or. o Email: cmullin Cii paradi nconstructcom 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. 15. Severability In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction,the remainder of this Agreement shall remain in full force and effect and shall in no way be affected or invalidated thereby. 16. 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. 17. 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. 18. 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 by emergency declaration signed March 17,2020. CITYOFTiGAPA PARVIGM C NSTRUMON,LLC Signature Signature Martha Wine 61 K4VLLI �/_ P ;rferU I � tC Printed Name&Tine Printed Name&Title 5/13/2020 1/U A Y l�T) n A t-2 Date Date ATTACHMENT G PERFORMANCE BOND CITY OF TIGARD TIGARD CITY HALL INTERIOR REMODEL Bond Number: NOR1290 Project Name: Tigard City Hall Interior Remodel Merchants National Bonding,Inc. (Surety#1) Bond Amount No. 1: $ 174,493.00 (Surety#2)* Bond Amount No.2:* $ IVusing multple sureties Total Penal Sum of Bond: $ 174,493.00 We, Paradigm Construction, 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) One Hundred Seventy Four Thousand Four Hundred Ninety-Three and 00/100 Dollars($174,493.00) (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, perforin 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 not 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 1 lth day of May 2020 PRINCIPAL: Paradigm Construction LLC. By-. 11Z1 ,4 ~ 'n _ ignature , Pri ted Name&Title Attest: SURETY: Merchants National Bonding,Inc. (Add signatures for each surety ifu ing molt le bond r) BY ATTORNEY-IN-FACT: (Power-of-Attorney must accompany each surety bond) Lyndsay C. Warren, Attorney-in-Fact Name Signa re 5400 Carillon Point Suite#417 _ Address Kirkland WA 98033-7357 City State Zip (425) 576-4076 Phone Fax ATTACHMENT H PAYMENT BOND CITY OF TIGARD TIGARD CITY HALL INTERIOR REMODEL Bond Number:NOR1290 Project Name: Tigard City Hall Interior Remodel Merchants National Bonding. Inc. (Surety#1) Bond Amount No. 1: $ 174,493.00 (Surety#2)* Bond Amount No.2:* $ *.Vusingmaltple sureties Total Penal Sum of Bond: $ 174,493.00 We, Paradigm Construction, 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) One Hundred Seventy Four Thousand Four Hundred Ninety-Three and 00/100 Dollars($174.493.00) (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 1 lth day of May 2020 PRINC AL: Pardi m Construction, LLC. B - . 4 Signature & Printed Name&Title Attest: SURETY: Merchants National Bonding,Inc. (Add signatures for each surety if using multole bonds) BY ATTORNEY-IN-FACT: (Power-of-Attornaey must accompany each surety bond) Lyndsay C. Warren,Attorney-in-Fact Name a Signa re 5400 Carillon Point Suite#417 Address Kirkland WA 98033-7357 City State Zip (425) 576-4076 Phone Fax NAHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Conor Davidson;James S Ewald;Jeanette Simmons;Jenifer McCormick;Lyndsay C Warren;Marc Baker;Wolter VanDoorninck their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of directors of Merchants Bonding Company (Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of February 2020 '•••.�Pt10 NASDING CQ,h••. O Ay•� MERCHANTS BONDING COMPANY(MUTUAL) 'hy:V0 '4A''.'yt . 1;'VO 94* MERCHANTS NATIONAL BONDING,INC. v 2003 :;,,O :y 1933 c: By %d3• .'�.' .��: any, ••p••�•"�"':iJa.•• •."t1!!V''�'•�`�.' President STATE OF IOWA �'••�,......+`' '••.•.•' COUNTY OF DALLAS ss. On this 11th day of February 2020 before me appeared Larry Taylor,to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �PRtA�s POLLY MASON O Commission Number 750576 My Commission Expires • �owP • January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 11th day of May 2020 •may c�A�P U�'q.� O�� •�.AOR 9,��9y�� ; �„/ 2003 :'�: a• 1933 C Secretary A. •vd POA 0018 (1/20) ,••�•''•�.�...••••�� ''••.:....•'� ATTACHMENT I OREGON PREVAILING WAGE RATES CITY OF TIGARD TIGARD CITY HALL INTERIOR REMODEL Download the current rates (PWR Rate Publications—2020) at the following site: hl�2s://www.oreizon.jzov/boli/WHD/PWR/Paizes/Twr state.aspx ITB—Tigard City Hall Interior Remodel Close—Tuesday, February 25,2020—2:00 pm 31 1 Page EXHIBIT A CONSTRUCTION DRAWINGS CITY OF TIGARD TIGARD CITY HALL INTERIOR REMODEL ITB—Tigard City Hall Interior Remodel Close—Tuesday, February 25,2020—2:00 pm 32 1 Page