River Road Park & Recreation Districtrrpark.org/pdfs/SpecificationsPart1.pdf · River Road Park & Recreation District Boiler ... gas-fired,fire tub steam boilers sized at 20 and 50

River Road Park & Recreation District

Boiler Replacement ProjectPool Facility

PROJECT MANUALMay 27, 2016

RIVER ROAD PARK & RECREATION DISTRICT1400 Lake Drive

Eugene, OR 97404

RIVER ROAD PARK & RECREATION DISTRICT

PROCUREMENT INFORMATION SUMMARY PAGE

PROJECT TITLE

River Road Park & Recreation District Boiler Replacement Project

PROJECT LOCATION


Pool Facility1400 Lake Drive

Eugene, OR 97404

OWNER


1400 Lake Drive

Eugene, OR 97404P: (541) 688-4052Contact: Jack Heisel, Project ManagerEmail: [email protected]

ENGINEER

Systems West Engineers, Inc.411 High StreetEugene, OR 97401P: (541)342-7210Contact: Steven P. Hoffman, P.E.

ONLINE INFORMATION

Solicitation Documents: \Aww.rrDark.ora

RIVER ROAD PARK & RECREATION DISTRICT

TABLE OF CONTENTS

BIDDING & CONTRACTING REQUIREMENTS

Section 000000 Procurement and Contracting RequirementsSection 000100 Invitation to Bid

Section 002000 Instructions for Procurement

Section 004005 Bid FormSection 004010 Bid Bond Form

Section 004015 First-Tier Subcontractors Form

Section 004020 Non Collusion Affidavit

Section 004025 Substitution Request FormSection 005000 Contract

Section 006000 General Conditions

TECHNICAL SPECIFICATIONS

Division 01

Division 02

Division 20

Division 22

Division 23

Division 25

Division 26

LIST of DRAWINGS

E-001

E-121

E-122

G-001

M-001

M-002

M-100

M-120

M-121

M-122

M-123

M-124

M-321

M-501

M-601

General RequirementsExisting ConditionsGeneral Mechanical

PlumbingHeating, Ventilating, and Air Conditioning (HVAC)Integrated AutomationElectrical

Legend, General Notes, &One-Line DiagramsBoiler Room Plans

Partial Basement, First Floor & Loft PlansCover Sheet: Contracts, Vicinity Map, & Sheet IndexLegend, Abbreviations & General NotesEquipment SchedulesOverall Building PlanBasement Plans

Boiler Room Plans

Partial First Floor Plan

Loft Plans

Partial Roof Plan

Sections

Details

Diagrams

SECTION 00 00 00 PROCURMENT AND CONTRACTING REQUIREMENTS

PART 1 - Purpose

The purpose of this Project Manual is to provide information regarding the construction servicesrequired to complete the boiler replacement at the pool facility.

PART 2 - Procurement and Contracting Requirements

A. REQUIREMENTS

The requirements of this Invitation to Bid follow the statutes and rules pursuant to:

1. Oregon Administrative Rules, Division 46 - General Provisions Related to PublicContracting-, specifically OAR 137-046-0100 through OAR 137-046-0480, latestedition]

2. Oregon Administrative Rules, Division 49 - General Provisions Related to PublicContracts for Construction Services] specifically OAR 137-049-0100 throughOAR 137-049-0910, latest edition]

3. Oregon Revised Statutes, Chapter 279A - Public Contracting GeneralProvisions; specifically ORS 279A.005 through ORS 279A.990, latest edition;and

4. Oregon Revised Statutes, Chapter 279C - Public Contracting - PublicImprovement's and Related Contracts; specifically ORS 279C.005 through ORS279C.870, latest edition.

B. RESPONSIBILITY

It is the Bidder's responsibility to be familiar with the procurement requirements for thisInvitation to Bid and the associated rules and statutes referred to in Division 49 and ORS279C which affect the procurement of this Contract.

C. PRE-OFFER CONFERENCEA mandatory Pre-Offer Conference will be scheduled on June 1, 2016 at 2:00 PM in thepool facility at River Road Park & Recreation District, 1400 Lake Drive, Eugene, OR97404.

PART 3 - About the Requesting Agency

A. GENERAL INFORMATION1. River Road Park & Recreation District (RRPRD) maintains and operates three

locations, including its headquarters location at Emerald Park which includes itspool facility. RRPRD is a special tax district, separate from the city of Eugene,with its own boundaries. It is governed by a six-member, elected board ofdirectors and managed by a district superintendent. Online information isavailable at rrpark.org.

Procurement and Contracting Requirements Page 00 00 00 -1

PART 4 - Project Description

A. LOCATION

The project is located at 1400 Lake Drive, Eugene, OR 97404 at the District's poolfacility.

B. SITE IMPROVEMENTS

Built in 1960, the River Road Park and Recreation Center has undergone severaladditions and renovations over the years. One upgrade included replacement of theoriginal boiler with two gas-fired, fire tub steam boilers sized at 20 and 50 boilerhorsepower (BMP). Both boilers are beyond their ASHRAE median life expectancy of 25years and the smaller boiler is no longer operational. Additional information regardingthe boilers and facility can be found in the Specifications and Drawings.

C. PROJECT SCOPE

The natatorium space and associated locker areas of the River Road Park andRecreation facility are served by two boilers that are beyond their ASHRAE median lifeexpectancy. Generally, the work ("Work") shall include replacing the boilers andassociated equipment.

More specifically. Work will include replacement of the existing steam boilers and relatedsteam and condensate return system with a new heating water system. Since the use ofsteam will be eliminated, the existing pool heat exchanger and steam coils in airhandlers AHLI2 and AHU-2. The new boilers will have a seasonal efficiency orapproximately 95% compared to the existing boiler efficiency of 80%, producingsignificant energy savings.

The existing women's locker room air handling unit has failed. Given its age, repair isnot possible. Since heating water will now be available, replacement of the existingrooftop gas-fired heating unit with a new air handler with a heating coil is the preferredapproach. This type of air handler will provide additional energy savings and have alonger life.

Electrical work associated with the boilers will include replacement of the existing PanelP in the same location and serving the new panel from the newer switchboard installedduring the 1997 electrical system improvements. Replacing the panel will allowforincreased access for service and provide full capacity of the panel.

RRPRD will provide LED lamps or new pigtail wired LED fixtures to install at Contractorprovided locations.

The Work shall include:

1. Replace two existing steam boilers with condensing hot water boilers,2. Provide associated flues, combustion air ductwork, and boiler trim.3. Provide heating water distribution system including pumps, piping, and auxiliary

components.4. Replace existing steam coils with heating water coils in existing air handler HV-1

and HV-2.

5. Replace existing rooftop gas fired makeup air handler with new makeup air

Procurement and Contracting Requirements Page 00 00 00 - 2

handler with heating water coil. Provide associated roof curb and roofing repairs.6. Provide new heating water to swimming pool wker heat exchangerand related

pool heating water pump and train.7. Provide electrical service to new equipment.8. Provide new system controls.

All Work shall be performed in accordance with the Specifications.

D. SCHEDULE OF EVENTS

Invitation to Bid Issue Date May 27, 2016Mandatory Pre-Offer Conference June 1, 2016 at 2:00 p.m.Solicitation Protest Deadline June 6, 2016 by 5:00 p.m.Bid Closing June 14, 2016 by 2:00 p.m.Bid Opening June 14, 2016 at 2:15 p.m.RRPRD Board of Directors Approval June 15, 2016Notice of Intent to Award Contract June 16, 2016Selection Protest Deadline June 23, 2016 by 5:00 p.m.

- END SECTION -

Procurement and Contracting Requirements Page 00 GO 00 - 3

SECTION 00 01 00 INVITATION TO BID

PART 1 - General Information

A. PURPOSE OF SOLICITATION

1. In this Invitation to Bid ("ITB"), River Road Park & Recreation District("RRPRD") is seeking Bidders capable of providing construction servicesto replace boilers and associated equipment ("Project") at the pool facilityat the District's Emerald Park headquarters location at 1400 Lake Drive,Eugene, OR 97404. This Project must be completed during the poolclosure, August 27, 2016 to September 18, 2016. Only a base bid isbeing sought; no alternatives are requested by the District.

B. BIDDER QUALIFICATIONS AND REFERENCES

1. Prequalification is not required.

2. Bidders must be skilled, experienced and regularly engaged in thegeneral class and type of Work called for in the Contract Documents.Specifically, Bidder must have experience in boiler replacement work.

3. At the time Bidder submits its Bid, Bidder and any subcontractor Bidderintends to use for the Project, must hold valid, current professionallicenses and/or certifications as required by law for the Bidder's and/orsubcontractor's profession.

C. PRE-OFFER CONFERENCE

1. A Mandatory Pre-Offer Conference is scheduled for this ITB at the timeand place under Section 00 00 00, Part 2.C of this ITB.

2. Attendance at the mandatory Pre-Offer Conference is required for allBidders and any Bid received from a Bidder who did not attend themandatory Pre-Offer Conference will be rejected.

3. Any statements made at this conference will not change the Plans,Specifications or Contract Documents unless an Addendum has beenissued by the Project Manager.

D. PROJECT DATES

1. Start Date: Work shall begin within 15 days of issuance of the Notice toProceed. Work at the pool facility shall begin on August 27, 2016 (thefirst date of the pool closure).

2. Substantial Completion - No later than September 14, 2016.

3. Final Completion - No later than September 18, 2016.

E. PREVAILING WAGE RATES:1. During the Project, the Bidderand allsubcontractors must comply with ORS

279C.800 through 279C.870 relative to state prevailing wage rates and anyother requirements as provided in the administrative rules of theCommissioner of the Oregon Bureau of Labor and Industries (BOLI).

Invitation to Bid Page GO 01 GO -1

RRPRD will not consider a Bid unless the Bid contains a statement by theBidder that the Bidder will comply with ORS 279C.838 or ORS 279C.840 or40 U.S.C. 3141 etseq.

2. Before beginning Work under the Contract, the Bidder and allsubcontractors must file the required public works bond with theConstruction Contractors Board. These requirements apply to the BoilerReplacement Project, and any other Work that would constitute publicworks under the referenced requirements.

3. The applicable State BOLI prevailing wage rates are those in effect at thetime of the advertisement to Bid, appearing in the latest-issued BOLIpublication titled "PREVAILINGWAGE RATES for Public Works Contacts inOregon, which are incorporated herein by reference and is available at thefollowing web address: http.//www.oregon.gov/BOLI/WHD/PWR/pw_state.shtml. The date of publication is January 2014 and no amendments areapplicable. RRPRD will pay the fee required by ORS 279C.825 to BOLI,according to the BOLI administrative rules.

F. METHOD OF BIDDING

Bidder shall complete and submit all documents required by the ITB. RRPRDreserves the right to discard documents submitted by a Bidder that are notrequired by the ITB and do not contain any Bidder-supplied information.

G. PRICING BID SUBMITTAL INSTRUCTIONS:

1. Bidders shall enter pricing and other required information for all Bid Itemslisted in the Bid Form.

2. Ifthe Bid Form is replaced by an Addendum, then Bidders shall use thatreplacement form to provide pricing and other required Information.

3. Ifthe Bid Form is only modified by an Addendum, then Bidders shallfollow the instructions in the Addendum for making modifications to theBid Form.

4. Failure to supply the required information in the Bid Form or subsequentAddendum may result in rejection of the Bid as non-responsive.

H. METHOD OF AWARD

The Award will be made to the Responsible Bidder who submits the lowestresponsive base Bid.

I. SOLICITATION LAWS AND RULES1. This ITB and the resulting Contract are governed by Oregon law. Specific

laws and rules that govern the solicitation process are found in Chapters279A and 279C of the Oregon Revised Statutes and the AttorneyGeneral's Model Public Contract Rules ("Model Rules") OAR 137Divisions 046 and 049.

2. The ITB and resulting Contract may be subject to other laws and rules.Bidders should obtain and become acquainted with the applicable

Invitation to Bid Page 00 01 00-2

provisions of the above laws and rules. Copies may be obtained asfollows:

a. Oregon Revised Statutes (ORS 279A and 2790) - May beobtained from Legislative Counsel Committee, 900 Court St NE,S101 State Capitol, Salem, OR 97301-0630. Phone (503) 986-1243, or online at: http://www.oregonlegislature.gov,http://www.oregonlegislature.gov/billsjaws/lawsstatutes/2011ors279A.html, orhttp://www.oregonlegislature.gov/billsjaws/lawsstatutes/2011ors279C.html

b. Oregon Attorney General's Model Public Contract Rules (OAR137 Divisions 046 and 049) - May be obtained from theDepartment of Justice, Publications Center, 1162 Court St NE,Salem, OR 97301-4096; Phone (503) 378-2402 or online at:

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_137/137_046.html

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_137/137_049.html

-END SECTION -

Invitation to Bid Page 00 01 00 - 3

SECTION 00 20 00 INSTRUCTIONS FOR PROCUREMENT

Part 1 - Instruction to Bidders

A. GENERAL INFORMATION

1. Bidders shall indicate whether they are a resident Bidder, as defined inORS 279A.120.

2. RRPRD may reject a Bid that does not comply with prescribed publiccontracting procedures and requirements, including the requirements todemonstrate the Bidder's responsibility under ORS 2790.375 {3)(b), andRRPRD may reject for good cause all Bids after finding that doing so is inthe public interest.

3. RRPRD may not receive or consider a Bid for a public improvementscontract unless the Bidder is licensed by the Construction ContractorsBoard (CCB). Failure to comply with this requirement shall result in Bidrejection.

4. At the time Bidder submits its Bid, any subcontractor Bidder intends touse for the project must hold valid, current professional licenses and/orcertifications as required by law for the subcontractor's profession.

5. Each Bid must also be accompanied by a Bid Bond using the formprovided, or a certified cashier's check payable to the order of RRPRD inan amount equal to ten percent (10%) of the amount of the Bid, as aguaranty that the Bidder, if offered the Contract, will execute the Contractand properly furnish bonds, insurance and evidence of qualifications inconformity herewith. Failure to do so will cause a forfeiture of the Bidguaranty.

B. OBTAINING INVITATION TO BID DOCUMENTS1. The ITB, including all documents, supporting materials, and any

Addenda, will be available for online or in-print viewing beginning on May27, 2016.

2. To view on line, visit: www.rrpark.org.

3. To view a printed copy, visit Central Blueprint, 47 W. 5th Ave., Eugene,OR 97401 between 8:15 a.m. and 5:00 p.m. Bidders shall pay the cost ofreproduction of Bid documents.

4. Each Bidder shall submit its name, postal and email address to theProject Manager for the purposes of developing a plan holders list andsending out Addenda.

C. NOTICE AND AMENDMENT OF BID1. Any changes or additions to the Bid content developed after the release

of the Bid will be described in Addenda. Such changes and/or additionsinclude any change of dates in the Bid Schedule.

Instructions for Procurement Page 00 20 00 -1

2. In the event that RRPRD elects to amend, revise, or supplement any partof the Bid, a written Addendum will be emailed to the Bidder and postedonline via RRPRD's website. Any Addenda so issued shall be consideredpart of the Specifications of the Bid. RRPRD is not responsible for anyexplanation, clarification, interpretation, or approval made or given in anymanner except by written Addenda issued by RRPRD. In the case of anydoubt or differences of opinion as to the services to be furnishedhereunder, or the interpretation of the provisions of the Bid, the decisionof RRPRD shall be final and binding upon all parties.

3. RRPRD will not issue Addenda less than 72 hours (3 calendar days) priorto 12:00 pm on the Bid closing date. Should the Bid closing date beextended by Addendum, the extended Bid closing date will supersede theprior closing date in determining the 72-hour Addendum window. Biddersshould check the RRPRD website frequently until Closing, i.e. at leastonce weekly until the week of Closing and at least once daily the week ofClosing.

D. SOLICITATION PROTESTS; REQUEST FOR CHANGE; REQUEST FORCLARIFICATION; REQUEST FOR PRODUCT SUBSTITUTION

1. Protests of the requirements, contractual provisions in the ITB, orrequests for changes or clarifications of the ITB shall be made in writing,via email, to the Project Manager by the time stated in the Schedule ofEvents. Protests of, and requests for changes to, technical or contractualrequirements. Specifications, or provisions shall include the reason for theprotest and any proposed changes to the requirements. No such protestsor requests will be considered if received after the deadline.

2. Any reference to a brand name in these Solicitation Documents, includingthe Specifications and Plans, establishes the minimum requirements forquality, utility, durability, function, and purpose. Other brand names maybe used in the construction of the Project so long as: (1) they are equal toor better than the product brand name; (2) the brand name listed is notmandated pursuant to a brand name exception; (3) Bidder submits, viaemail, a Substitution Request Form to the Project Manager by the date forSolicitation Protests; and (4) the Project Manager approves, in writing,such substitution. Requests for substitution of a product shall provide allthe information necessary for the Project Manager to determineacceptability. The Project Manager may approve or deny a request forsubstitution in his sole discretion. Any Bid that includes a non-approvedalternate product brand, or that takes exception to the Specifications,Plans, or contractual terms of the ITB, may be deemed as non-responsiveand rejected. Any product subsequently approved for substitution will belisted on a Solicitation Addendum or Addenda issued by RRPRD.

E. BID MODIFICATION PRIOR TO CLOSING1. Alterations and erasures made before Bid submission must each be

individually initialed in ink by the person signing the Bid. Bids, oncesubmitted, may be modified in writing before Closing. Modifications madeafter Bid submission shall be prepared on Bidder's letterhead, be signedby an authorized representative, and state that the modifications amend

Instructions for Procurement Page 00 20 00 - 2

and supersede the prior Bid. Nothing construed in this paragraph shall beconstrued as allowing the Bidder to alter or otherwise change the form ofthe Bid, the form of the Contract, the conditions of the Bid, theSpecifications, and/or Plans attached to the Bid Documents.

2. Modifications must be submitted in a sealed envelope clearly marked asfollows:

BID MODIFICATION

River Road Park and Recreation DistrictBoiier Repiacement Project

Bidder's Name

BID WITHDRAWALS PRIOR TO CLOSING1. Bids may be withdrawn in writing when submitted on Bidder's letterhead,

signed by an authorized representative, and received by the ProjectManager prior to Closing.

2. Bids may also be withdrawn in person before Closing upon presentationof appropriate identification and evidence of authorization to act forBidder. Signature confirmation of withdrawal may also be required.

BID CLOSING, OPENING AND FIRST-TIER SUBMITTAL1. All Bids, including attachments, shall be delivered or received by the

Project Manager no later than 2:00 PM on June 14, 2016, at River RoadPark and Recreation District Main Office, 1400 Lake Drive, Eugene,Oregon 97404. Late Bids shall not be considered, and at RRPRD'sdiscretion, may be returned unopened to the Bidder.

2. No other materials shall be submitted with the Bid, except thosespecifically identified in this ITB, below. Bids received after the specifiedtime and date will not be given further consideration.

3. The Bid must be prepared in writing, no oral, telegraphic, email, facsimileor telephone Bids will be accepted.

4. Bidders shall submit THREE (3) copies of the Bid and at least one copysubmitted by the Bidder must bear an original signature. Failure tosubmit a Bid bearing an original signature will result in rejection of the Bid.

5. Bids must be submitted in a sealed package or envelope. To ensure theproper identification and handling, all packages and envelopes shall beclearly marked as follows:

SEALED BID ENCLOSED

River Road Park and Recreation DistrictBoiler Replacement Project

Bidder's Name

6. RRPRD is not responsible for the proper identification and handling of


any Bid not properly identified, marked and submitted in a timely manner.

7. All Bids will be publically opened at 2:15 PM on June 14, 2016, which isimmediately after the deadline for submitting Bids, at River Road Parkand Recreation District Main Office, 1400 Lake Drive, Eugene, OR 97404.Only the name of the Bidder(s) and the item{s) to be considered for awardpurposes will be read at the Opening. It is optional for Bidders to attend.Award decisions will not be made at Opening. Bids received after thedate/time for Closing will not be considered for award.

8. A Bidder shall not make the Bid contingent upon RRPRD's acceptance ofSpecifications, Plans or Contract terms that conflict with or are in additionto those advertised in the ITB.

9. Within TWO (2) working hours after Bid Closing (2:00 PM) on June 14,2016 Bidder shall submit to the Project Manager, at River Road Park andRecreation District Main Office, 1400 Lake Drive, Eugene, OR 97404, theFirst-Tier Subcontractor Disclosure Form for subcontractors that:

a. Will be furnishing labor or will be furnishing labor and materials inconnection with this Contract; and

b. Will have a contract value that is equal to or greater than FIVE (5)percent of the total Bid or $15,000.00, whichever is greater, or$350,000 regardless of the total percentage of the Bid.

c. Failure to disclose first-tier subcontractors shall result in arejection of the Bid.

H. BID FORMS

1. Required information must be submitted on the forms specified in the ITB,including:

a. Bid Form

b. First-Tier Subcontractor Form (submitted within 2 working hoursafter Closing)

c. Bid Bond Form

d. Non Collusion Affidavit

2. Bids that do not contain the information requested may be rejected asnon-responsive. Any information Bidder submits that is not required to beincluded on forms prescribed herein must be formatted in the mannercalled for in the ITB.

I. INQUIRES

1. All questions and contacts with RRPRD regarding the Bid must beaddressed in writing, via email, to the Project Manager:

RRPRD Project ManagerJack Heisel

E-mail: [email protected]


2. Statements made by the RRPRD Project Manager are not binding onRRPRD unless confirmed in writing via an Addendum. Addenda will beissued for significant clarifications that arise during the response period upto the final date of Addenda issuance.

3. Contact with other RRPRD staff without prior clearance from the ProjectManager may result in Bidder disqualification.

J. TIME FOR BID ACCEPTANCE

A Bidder's Bid is a firm Bid, irrevocable, valid and binding on the Bidder for notless than ninety (90) calendar days from the Closing Date. RRPRD may request,orally or in writing, and extension of the time during which RRPRD can considerthe Bid(s). If a Bidder agrees to such extension, the Bid shall continue as a firmBid, irrevocable, valid and binding on the Bidder for the agreed-upon extensionperiod.

K. PROCESSING OF BIDS

Neither the release of Bid security, nor acknowledgment that the selectionprocess is complete shall operate as a representation by RRPRD that any Bidsubmitted was complete, sufficient, lawful in any respect, or otherwise insubstantial compliance with the ITB requirements.

L. RIGHT TO AWARD OR REJECT BIDS

1. All Bids will become part of the public record. In evaluating the Bids,RRPRD may waive minor informalities and irregularities and may seekinformation from Bidders to clarify the Bidder's Bid. In that event. Bidder mustsubmit written and signed clarifications and such clarifications shall becomepart of the Bid.

2. RRPRD reserves the right to reject a Bid that does not comply with theprescribed public contracting procedures and requirements, including therequirement to demonstrate the Bidder's responsibility under ORS279C.375 (3)(b), and that RRPRD may reject for good cause all Bids afterfinding that doing so is in the public interest.

3. RRPRD reserves the right to delete Bid items.

4. RRPRD is not liable for any costs a Bidder incurs while preparing orpresenting the Bid or during further evaluation stages.

M. BID EVALUATION CRITERIA

1. Bids will be evaluated to identify the lowest responsive Bid submitted by aresponsible Bidder and not otherwise disqualified (Refer to OAR 137-049-0390). Adjustments made to account for reciprocal preferences will be forBid evaluation only. No such adjustments shall operate to amend Bidder'sBid or any Contract awarded pursuant thereto.

2. To be considered responsive, the Bidder must substantially comply in allmaterial respects with applicable solicitation procedures and requirementsin the Solicitation Documents. In making such evaluation, RRPRD maywaive minor informalities and irregularities.


3. Prior to award of the Contract, RRPRD will evaluate whether the apparentsuccessful Bidder meets the applicable standards of responsibility identifiedin ORS 2790.375 (2)(b) and OAR 137-049-0390. In doing so. RRPRD mayinvestigate the Bidder and request information in addition to that alreadyrequired in the ITD, when, in RRPRD's sole discretion, RRPRD considers itnecessary or advisable.

4. Awards shall be subject to the preference for products produced ormanufactured in Oregon, if price, fitness, and quality and equal; and, solelyfor the purpose of evaluating Bids, RRPRD will add a percentage increaseto the Bid of a non-resident Bidder equal to the percent, if any, of thepreference given to the Bidder in the state in which the Bidder resides. Forexample, if the Bidder is from a state that grants a ten (10) percentpreference to local Bidders, RRPRD will add ten (10) percent to thatBidder's Bid price (OAR 137-046-0310 and 137-049-0390).

N. AWARD OF CONTRACT

1. RRPRD will issue to each Bidder a Notice of Intent to Award a Contract.

2. After expiration of the Selection Protest Period and resolution of allprotests, RRPRD will proceed with final award. RRPRD will award theContract to the Responsible Bidder submitting the lowest responsive baseBid and selected alternates, if any. (If RRPRD receives only one Bid,RRPRD may dispense with the selection protest period and process withaward of the Contract).

3. In accordance with ORS 279C.340, Contract Negotiations, RRPRDreserves the right to negotiate with the lowest Responsive Bidder shouldall the Bids exceed RRPRD's cost estimate for the Project.

O. SELECTION PROTESTS

Any Bidder who claims to have been adversely affected or aggrieved by theselection of a competing Bidder shall have SEVEN (7) calendar days afternotification of the selected Bidder to submit a written selection protest to theProject Manager. This written notification must be received by 5:00 p.m. of thelast day of the SEVEN (7) calendar-day period. No protest against selection of aContract or award of a Contract will be considered if received after the deadlineestablished for submitting such protest.

P. COMMENCEMENT OF WORK

Contractor shall not commence Work under this Contract until the Notice toProceed has been issued.

PART 2 - Trade Secrets and Public Records Law

A. BID SUBMITALS

All Bid submittals become the property of RRPRD and will not be returned to theBidders. RRPRD shall retain the Bid and one copy of each original Bid received,together with copies of all RRPRD documents pertaining to the award of aContract. These documents will be made a part of a file or record, which shall be


open to public inspection after Bidder selection and award is announced. Ifa Bidcontains any information that is considered a trade secret under ORS192.501(2), Bidder must mark each sheet of such information with the followinglegend: "This data constitutes a trade secret under ORS 192.501(2), andshall not be disclosed except in accordance with the Oregon PublicRecords Law, ORS Chapter 192."

B. PUBLIC RECORDS LAW

1. Oregon Public Records Law exempts from disclosure only bona fide tradesecrets, and the exemption from disclosure applies only "unless the publicinterest requires disclosure in the particular instance." Therefore, nondisclosure of RRPRD documents or any portion of a RRPRD documentsubmitted as part of a Bid may depend upon official or judicialdetermination made pursuant to the Public Records Law.

2. In order to facilitate public inspection of the non-confidential portion of theBid, material designated as confidential shall accompany the Bid, butshall be readily separable from it. Prices, makes, model or catalognumbers of items offered, scheduled delivery dates, and terms ofpayment shall be publicly available regardless of any designation to thecontrary. Any Bid marked as a trade secret in its entirety will beconsidered non-responsive.

PART 3 - No Obligation

All Bidders who submit a Bid in response to this ITB are deemed to understand,acknowledge and agree that RRPRD is not obligated as a result of the submittal of a Bidto enter into a contract with any Bidder and, further, that RRPRD has absolutely nofinancial obligation to any Bidder arising from responding to this Bid. All Bidders whorespond to this solicitation do so solely at their own expense.

PART 4 - Non-Responsive Bids

Bidders are responsible for carefully reading all the terms and conditions contained inthe ITB (including the terms and conditions contained in any attachments, exhibits orschedules to the ITB), and for following the instructions given. Bids that do not contain allthe information requested may be rejected as non-responsive.

PART 5 - Legal CertificationsA. CONSTRUCTION CONTRACTORS BOARD (CCB)

1. Bidders shall be licensed with the State of Oregon ConstructionContractors Board (CCB) prior to bidding on Public ImprovementsContract(s).

2. All Subcontractors (as applicable) participating in the Project shall besimilarly licensed and/or registered prior to the Bidder submitting its Bid.The CCB registration requirements apply to all public works contractsunless superseded by federal law.

3. Bidders shall provide their Construction Contractor's Board (ORS701.055) registration number on the Bid Form.


B. ASBESTOS ABATEMENT LICENSING REQUIREMENTS (does not apply to thisContract)

C. JOINT VENTURE / PARTNERSHIP DISCLOSURE

The Bidder shall disclose on the Bid Form whether the Bid is submitted by eithera partnership or joint venture.

D. RESPONSIBILITY INQUIRY / CONTRACTOR REFERENCESRRPRD reserves the right, pursuant to OAR 137-049-0390(2) to investigate, atany time prior to award and execution of the Contract, the apparent successfulBidder's responsibility to perform the Contract. Submission of a signed Bid shallconstitute approval for RRPRD to obtain any information RRPRD deemsnecessary to conduct the evaluation. RRPRD shall notify the apparent successfulBidder, in writing, of any other documentation required, which may include, but isnot limited to, recent profit-loss history: current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecuredcreditor claims; availability of short and long-term financing; bonding capacity;credit information; material; equipment; facility and personnel information;performance record of Contracts performance; etc. Failure to promptly providethis information may result in Bid rejection. RRPRD may postpone the award ofthe Contract after announcement of the apparent successful Bidder in order tocomplete its investigation and evaluation. Failure of the apparent successfulBidder to demonstrate Responsibility, as required under OAR 137-049-0390(2),shall render the Bidder non-responsible and shall constitute grounds for Bidrejection.

E. RECYCLED PRODUCTS

Contractor shall use recycled materials to the maximum extent economicallyfeasible in the performance of the Work set forth in Contract Documents.Recycled material means any material that would otherwise be a useless,unwanted or discarded material except for the fact that the material still hasuseful physical or chemical properties after serving a specific purpose and can,therefore be reused or recycled.

F. RESIDENCY INFORMATION / FOREIGN CONTRACTOR1. OAR 137-049-0390(5) states "In determining the lowest Responsive Bid,

the Contracting Agency shall, in accordance with OAR 137-046-0310, adda percentage increase to the Bid of a nonresident Bidder equal to thepercentage, ifany, of the preference given to that Bidder in the state inwhich the Bidder resides." "Resident Bidder" means a Bidder that has paidunemployment taxes or income taxes in this state during the 12 calendarmonths immediately preceding submission of the Bid, has a businessaddress in this State, and has stated in the Bid whether the Bidder is a"resident Bidder". (ORS 279A.120) "Non-resident Bidder" means a Bidderwho is not a "resident Bidder" as defined above. (ORS 279A.120)

2. FOREIGN CONTRACTOR: When a public contract is awarded to anonresident bidder and the contract price exceeds $10,000, the bidder shallpromptly report to the Department of Revenue on forms to be provided bythe department the total contract price, terms of payment, length of contract

Instructions for Procurement Page GO 20 GO - 8

and such other information as the department may require before thebidder may receive final payment on the public contract. The Owner shallsatisfy itself that the requirements of this subsection have been compliedwith before issuing a final payment on a public contract.

3. Bidder shall indicate whether it is a Resident or Non-Resident Bidder on the

Bid Form.

G. CERTIFICATION OF COMPLIANCE WITH TAX LAWS

By signature on the Bid Form, the Bidder attests or affirms under penalty ofperjury: "That I am authorized to act on behalf of the Contractor in this matter thatI have authority and knowledge regarding the payment of taxes, and thatContractor is, to the best of my knowledge, not in violation of any Oregon TaxLaws. For purposes of this certification, "Oregon tax laws" are those tax lawslisted in ORS 305.380(4), namely ORS Chapters 118, 314, 316, 317, 318, 320,321 and 323 and Sections 10 to 20, Chapter 533, Oregon Laws 1981, asamended by Chapter 16, Oregon Laws 1982 (first special session); the elderlyrental assistance program under ORS 310.630 to 310.706; and any local taxlaws administered by the Oregon Department of Revenue under ORS 305.620."

H. CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS1. Pursuant to OAR 137-049-200(1 )(b)(B), the Bidder certifies by its signature

on these solicitation document forms that it has a Qualifying Drug TestingProgram in place for its employees that includes, at a minimum, thefollowing: A written employee drug testing policy, (b) Required drug testingfor all new Subject Employees or, alternatively, required testing of allSubject Employees every 12 months on a random selection basis, and (c)Required testing of a Subject Employee when the Bidder has reasonablecause to believe the Subject Employee is under the influence of drugs.

2. A drug testing program that meets the above requirements will be deemeda "Qualifying Employee Drug Testing Program." An employee is a "SubjectEmployee" only if that employee will be working on the Project job site.

3. If awarded a Public Improvement Contract as a result of this solicitation.Bidder agrees that at the time of Contract execution it shall represent andwarrant to RRPRD that its Qualifying Employee Drug Testing Program is inplace and will continue in full force and effect for the duration of the PublicImprovement Contract. RRPRD's performance obligation (which includes,without limitation, RRPRD's obligation to make payment) shall becontingent on Contractor's compliance with this representation andwarranty.

4. If awarded a Public Improvement Contract as a result of this solicitation,Bidder also agrees that at the time of Contract execution, and as acondition to Agency's performance obligation (which includes, withoutlimitation, the Agency's obligation to make payment), it shall require eachSubcontractor providing labor for the Project to:

a. Demonstrate to the Contractor that it has a Qualifying EmployeeDrug Testing Program for the Subcontractor's Subject


Employees, and represent and warrant to the Contractor that theQualifying Employee Drug Testing Program is in place at thetime of subcontract execution and will continue in full force andeffect for the duration of the subcontract; or

b. Require that the Subcontractor's Subject Employees participatein the Contractor's Qualifying Employee Drug Testing Programfor the duration of the subcontract.

I. CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION LAWSBy signature to the Bid Form, the Bidder attests or affirms under penalty ofperjury that: "I am authorized to act on behalf of Contractor in this matter, and tothe to the best of my knowledge the Contractor has not discriminated againstminority, women, emerging small business enterprises, or a business enterprisethat is owned, controlled by, or that employs a disabled veteran in obtaining anyrequired subcontracts, and that the Contractor is not in violation of anyDiscrimination Laws."

PART 6 - Information To Be Submitted by the Apparent Successful Bidder

A. PERFORMANCE AND PAYMENT BONDS

Performance and payment bonds, in accordance with ORS 279C.380, and in anamount equal to the full Contract price conditioned on the faithful performance ofthe Contract in accordance with Plans, Specifications, and Conditions of theContract shall be promptly executed and delivered to RRPRD.

B. INSURANCE

Throughout the Project, the Bidder must have and maintain in force, at its ownexpense, all insurance, required by RRPRD, noted below:

1. Workers Compensation insurance in compliance with ORS 656.017. Allemployers, including Contractor, that employ subject workers who workunder this Contract in the State of Oregon shall comply with ORS 656.017and provide the required Workers' Compensation coverage, unless suchemployers are exempt under ORS 656.126. Contractor shall ensure thateach of its subcontractors complies with these requirements. ContactWillamalane Project Manager.

2. Commercial General Liability insurance, on an occurrence basis, with acombined single limit of not less than $2,000,000 for each occurrence ofbodily injury, personal injury and property damage. It shall includecoverage for broad form contractual liability; broad form property damage;personal and advertising injury; owners and contractor protective;premises/operations; and products/completed operations. Coverage shallnot exclude excavation, collapse, underground, or explosion hazards.

3. Commercial Automobile Liability insurance with a combined single limit,or the equivalent of not less than $2,000,000 for each accident for BodilyInjury and Property Damage, including coverage for owned, hired andnon-owned vehicles. "Symbol One" coverage shall be designated.

Instructions for Procurement Page GO 20 00 -10

4. Notice of canceiiation or change. There shall be no cancellation, materialchange, reduction of limits or Intent not to renew the Insurancecoverage(s) without 30 days written notice from the Contractor or itsInsurer(s) to RRPRD. This notice provision shall be by endorsementphysically attached to the certificate of Insurance.

5. Additional Insured. For general liability Insurance and automobile liabilityInsurance RRPRD, and Its agents, officers, and employees will beAdditional Insureds, but only with respect to Contractor's services to beprovided under this Contract. This coverage shall be by endorsementphysically attached to the certificate of Insurance.

6. Builder's Risk Insurance. Contractor shall secure and maintain during thelife of the Contract an All Risk or equivalent Builder's Risk InsurancePolicy In an amount equal to the full value of the facility underconstruction, unless otherwise specified. Such Insurance shall Includecoverage for the Contractor, Subcontractors of all tiers. Owner, ProjectManager and Design Consultant, as their interests may appear. TheContractor Is responsible for payment of all deductlbles.

7. Certificates of Insurance. Contractor shall furnish Insurance certificatesacceptable to RRPRD prior to commencing Work. The certificate willInclude the deductible or retention level and required endorsements.Insuring companies or entitles are subject to RRPRD approval. Ifrequested, copies of Insurance policies shall be provided to the RRPRD.Contractor shall be responsible for all deductlbles, self-Insuredretention's, and/or self-Insurance.

- END SECTION -



SECTION 00 40 05 RIVER ROAD PARK & RECREATION DISTRICT

BID FORM

Project:

Bid Closing:

Bid Opening:

To:

From:

RRPRD Boiler Replacement Project

Tuesday, June 14, 2016, 2:00 PM

Tuesday, June 14, 2016, 2:15 PM


Jack Heisel, Project Manager1400 Lake Drive

Eugene, OR 97404

Bidder:

Date:

Person RepresentingBidder (Name):

Address:

Telephone:

E-mail:

1. Bidder's Bids. The undersigned Bidder, having full knowledge of the quality of thematerial and labor to be performed, hereby proposes to perform all labor and furnish allmaterials necessary to complete the project. The undersigned Bidder declares that Bidder hasreceived and examined the Contract Documents, will contract with River Road Park &Recreation District ("RRPRD" or "Owner") to do everything requirement for fulfillment of theContract for construction at the prices and on the terms and conditions as stated herein:

BASE BID:

Bid:(Words) (Figures)

2. Single or Multiple Contracts. River Road Park & Recreation District (RRPRD)reserves the right to award a single or multiple contracts, whichever is in the best interest ofRRPRD.

3. Acceptance of Documents. Bidder accepts all of the terms and conditions in, andagrees to be bound by the Invitation to Bid, Instructions to Bidders and documents attachedthereto, including without limitation those dealing with the disposition of Bid security.

4. Addenda. Bidder has examined and carefully studied the Bid Documents, the otherrelated data identified in the Bid Documents, and the following Addenda, receipt of which ishereby acknowledged.

Bid Form Page 00 40 05 -1


Addendum No. Addendum Date

(Bidder shall insert number of each Addendum received.)

5. Bid Security. Accompanying this Bid Form is Bid Security, which is not less than ten(10) percent of the total of the Bid amount. Bidder agrees that the Bid Security accompanyingthe Bid(s) will be deposited in escrow by RRPRD and that the amount thereof is the measure ofliquidated damages which RRPRD will sustain by the failure of the Bidder to execute and delivera signed Contract, Performance Bond, and Payment Bond within the required time. In the eventthe Bidder fails to execute and deliver the Contract, Performance Bond, or Payment Bond withinthe required time, the Bid Security may, in RRPRD's sole discretion, become the property ofRRPRD. However, if RRPRD fails to accept the Bid within sixty (60) days of the time set for theopening of the Bids, or if the Bidder executes and timely delivers the Contract, PerformanceBond and Payment Bond within the required time, the Bid Security shall be returned.

6. Bidder's Representations. In submitting this Bid, Bidder represents that:

a. The undersigned Bidder declares that the only persons or parties interested in theBid are those named herein, that this Bid is, in all respects, fair and without fraud,that it is made without collusion with any official of the Owner, and that the Bid ismade without any connection or collusion with any person submitting another Bid onthe Contract.

b. The Bidder further declares that it has carefully examined the Contract Documentsand that this Bid is made according to the provisions and under the terms of theContract Documents, which documents are hereby made a part of this Bid.

c. At the time Bidder submits its Bid, Bidder and any subcontractor Bidder intends touse for the project, shall hold a valid, current professional license and/or certificationas required by law for Bidder's and/or subcontractor's profession. Bidder mustsubmit, with its Bid, a copy of its required licenses or certification. FAILURE TOCOMPLY WITH THIS REQUIREMENT SHALL RESULT IN BID REJECTION.

d. Bidder shall apply for and will meet all requirements for a permit(s) for the Projectwith the City of Eugene and any other applicable jurisdiction.

e. Bidder has visited the site and become familiar with and is satisfied as to the general,local, and site conditions that may affect cost, progress, and performance of theWork.

f. Bidder has carefully studied the Boiler Replacement Study, Specifications andDrawings in this ITB.

g. Bidder is familiar with and is satisfied as to all federal, state and local laws andregulations that may affect cost, progress, and performance of the Work.

Bid Form Page 00 40 05 - 2


h. Bidder does not consider that any further examinations, investigations, explorations,tests, studies, or data are necessary for the determination of this Bid for performanceof the Work at the price(s) Bid and within the times and in accordance with the otherterms and conditions of the Bid Documents.

i. Bidder has given the Project Manager written notice of all conflicts, errors,ambiguities, or discrepancies that Bidder has discovered in the Bid Documents, andthe written resolution thereof by the Project Manager is acceptable to Bidder.

j. The Bid Documents are generally sufficient to indicate and convey understanding ofall terms and conditions for the performance of the Work for which this Bid issubmitted.

k. This Bid is genuine and not made in the interest of or on behalf of any undisclosedindividual or entity and is not submitted in conformity with any agreement or rules ofany group, association, organization or corporation;

I. Bidder has not directly or indirectly induced or solicited any other Bidder to submit afalse or sham Bid;

m. Bidder has not solicited or induced any individual or entity to refrain from bidding;

n. Bidder has not sought by collusion to obtain for itself any advantage over any otherBidder or over Owner;

o. All required sales and use taxes are included in the stated Bid prices for the Workunless provision is made herein for the Bidder to separately itemize the estimatedamount of sales tax; and

p. Bidderagrees to be bound by and will comply with the provisions of ORS 279C.838;ORS 279C.840; or 40 U.S.C. 3141 to 3148 as applicable.

7. Contract Times. The Bidder agrees that the Work, and any stages and/or milestonesspecified in the Contract Documents, will be substantially complete and will be completed andready forfinal payment in accordance with the General Conditions on or before the dates orwithin the number of calendar days indicated in the Contract.

8. Liquidated Damages. Bidder accepts the provisions in the Contract Documents as toLiquidated Damages.

Bid Form Page GO 40 05 - 3


9. Contract Execution and Bonds. The Bidder agrees that if this Bid is accepted, it will,within 15 calendar days after Notice of Award is provided to Bidder, contract with RRPRD in theform of a contract prepared by RRPRD, and will at that time deliver to the Owner the requiredperformance and payment bonds and certificates of insurance, and will, to the extent of this Bid,furnish all labor, machinery, tools, apparatus, and other means to do the Work and furnish allthe materials necessary to complete the Work as specified in the Contract Documents. Thesurety requested to issue the Performance Bond and Payment Bond will be

. The Bidder hereby authorizes said suretycompany to disclose any information to RRPRD concerning the Bidder's ability to supply aPerformance Bond and Payment Bond each in the amount of the Contract.

10. Subcontractors. Bidder agrees to submit as part of its Bid, or within two (2)working hours after the effective Bid submittal time, the names of subcontractors as required inthe Instructions to Bidders and by State law, whom Bidder, if awarded contract, will name forperformance of the categories of Work.

11. Bidder. If the Bid is accepted. Bidder hereby agrees to contract with the Owner in theform of a Contract prepared by the Owner's Attorney to furnish the performance and paymentbonds and the required evidence of the insurance within 15 calendar days after receiving writtennotice of the final award of the Contract.

12. Bidder Certifications. The undersigned Bidder hereby certifies that:

a. Throughout the period of the Contract, Bidder shall be licensed by the State ofOregon to do the type of work required under the terms of the Contract Documents;

b. Bidder is skilled, experienced and regularly engaged in the general class and type ofWork called for in the Contract Documents. Specifically, Bidder, has experience in therepair and replacement of boilers and associated equipment. Bidder has the manpowerand resources to satisfactorily perform such Work;

c. In compliance with the Worker's Compensation Law of the State of Oregon, itsWorker's Compensation Insurance provider isPolicy No. , and that ifsuccessful, Bidder shall submitCertificates of Insurance as required;

d. Bidder has a Qualifying Drug Testing Program for its employees pursuant to OAR137-049-0200 (1)(b)(B). In addition. Bidder agrees to require all Subcontractors to havea Qualifying Employee Drug Testing Program for its employees at the time ofsubcontractor execution;

e. Bidder has not discriminated against minority, women, emerging small businessenterprises, or a business enterprise that is owned, controlled by, or that employs adisabled veteran in obtaining any required subcontractors, and that the Bidder is not inviolation of any Discrimination Laws;

f. Ifawarded the Contract, Bidder will comply with the provisions of ORS 279C.800through 279C.970, or 40 U.S.C. § 3141 et seq. pertaining to the payment of prevailingrates of wage.

Bid Form Page GO 40 05 - 4


g. If awarded the Contract, Bidder will use recycled materials to the maximum extenteconomically feasible In the performance of the Work set forth in the ContractDocuments. Recycled material means any material that would othen/vise be a useless,unwanted or discarded material except for the fact that the material still has usefulphysical or chemical properties after serving a specific purpose and can, therefore, bereused or recycled.

h. Bidder is registered with the Oregon Construction Contractors Board at the time ofthe Bid in accordance with ORS 701.035 to 701.055. Bidder's CCB Registration Numberis: . Failure to register and disclose thenumber will make the Bid unresponsive and itwill be rejected, unless contrary to federallaw.

i. All subcontractors who perform construction work as described in ORS 701.005 (2)were registered with the Construction Contractors Board in accordance with ORS[701.035 to 701.055J at the time the subcontractor(s) made a Bid to work under theContract.

j. At the time Bidder submits its Bid, all subcontractors Bidder intends to use for theproject hold valid, current professional licenses and/or certifications as required by lawfor subcontractor's profession.

k. If awarded the Contract, and if the amount of the Contract exceeds ten thousanddollars ($10,000), and if Bidder is not domiciled in or registered to do business in theState, Bidder shall promptly provide to the Oregon Department of Revenue allinformation required by that Department relative to the Contract. RRPRD shall beentitled to withhold final payment under the Contract until this reporting requirement hasbeen met; and

I. Bidder attests or affirms under penalty of perjury: "That I am authorized to act onbehalf of the Contractor in this matter that I have authority and knowledge regarding thepayment of taxes, and that Contract is, to the best of my knowledge, not in violation ofany Oregon tax laws. For purposes of this certification, "Oregon tax laws" are those taxlaws listed in ORS 305.380 (4), namely ORS Chapters 118, 314, 316, 318, 320, 321,and 323 sections 10 to 20, Chapter 533, Oregon Laws 1981, as amended by Chapter16, Oregon Laws 1982 (first special session); the elderly rental assistance programunder ORS 310.630 to 310.706; and any local tax laws administered by the OregonDepartment of Revenue under ORS 305.620."

13. Resident Bidder. OAR 137-049-0390 (5) states, "In determining the lowest ResponsiveBid, the Contracting Agency shall, in accordance with OAR 137-046-0310, add a percentageincrease to the Bid of a nonresident Bidder equal to the percentage, if any, of the preferencegiven to that Bidder in the state in which the Bidder resides. "Resident Bidder" means a Bidderthat has paid unemployment taxes or income taxes in this state during the 12 calendar monthsimmediately preceding submission of the Bid, has a business address in this State, and hasstated in the Bid that the Bidder is a "Resident Bidder." (see ORS 279A. 120). "Non-residentBidder" means a Bidder that is not a "Resident Bidder," as defined above.

Check one. The Bidder submitting this Bid is a:

( ) Resident Bidder. Bidder's Oregon business address:



( ) Non-Resident Bidder. Bidder's state of residency:

14. Partnership or Joint Venture. If Bidder is, or intends to form, a partnership or jointventure to complete the Work of this Contractor, list the names of the partners (if co-partnership)or names of joint venturers (if a joint venture) and identify the name of the contact person forpurposes of Work on this Contract.

IN WITNESS hereto the undersigned has set its hand this day of , 2016.

Company Name:

Address:

Federal Tax ID:

Telephone Number:

Fax Number:

If Sole Proprietor. Partnershio. or Joint Venture:

Signature:

Name (typed):

Title:

If Corooration:

Name of Corporation:

By:

Title:

Attest: . Secretary



SECTION 00 4010 BID BOND

KNOW ALL MEN AND WOMEN BY THESE PRESENTS, that

(Contractor) and

, a corporation duly organized under

the laws of the State of having its principal place of business at

in the State of and authorized to do business

in the State of Oregon (Surety) are held and firmly bound unto River Road Park & Recreation

District. (Owner) Inthe penal sum of DOLLARS

($ ), lawful money of the United States of America, for the payment of

which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly

and severally, firmly by these presents.

THE CONDITION OF THIS BOND IS SUCH THAT:

WHEREAS the Contractor is herewith submitting its Bid Form for construction of River RoadPark and Recreation District BoilerReplacement Project, said Bid Form, by reference thereto,being hereby made a part hereof.

NOW, THEREFORE, ifthe Bid Form submittedby the Contractoris accepted and the Coritractawarded to the Contractor, and ifthe Contractorexecutes the proposed Contract and fumishessuch Performance and Payment Bondsand evidence of insurance as required bythe ContractDocuments within the timefixed by the documents, then this obligation becomes void; if, intheevent the Contractor seeks to revoke its offer for any reason not authorized by law and notconsentedto bythe Owner and if awarded the Contract and the Contractor fails, neglects, orrefuses to enter into a contract to perform saidWork and furnish said labor, equipment and/ormaterial, and to furnish Performance and Payment Bonds and evidence of insurance asrequired within the time specified, then the amount herein stated will be declared to beforfeitedand become due and payable to the Owner as liquidated damages.

SIGNED, SEALED, AND DATED this day of , 2016.

Contractor

Address

Phone Number

Bid Bond Form Page 00 4010-1


E-mail Address

By:Title

Surety: _

By:Attomey-in-Fact

Oregon Agent for Sen/ice:

Address

CORPORATE SEAL (CONTRACTOR) CORPORATE SEAL (SURETY)

If the Contractoris operating under an assumed business name, there must also be setforth in the first paragraph of the bond the names of allthe partners or the individual owning thebusiness, and the bond must be executed by one of them.

If the Contractor is a corporation, the bond must be executed byone ofthe officersauthorized to execute bonds, showing Its official title and the seal of the corporation.

Ifthe Contractor is a limited liability company, the bond must be executed byone oftheMembers and/or Managers authorized to execute bonds, showing itsofficial title and the seal ofthe corporation, if any.

The bond must be executed by an Attomey-ln-Fact forthe suretycompany, showon theface thereof the Oregon agent for service, and bear the seal ofthe surety company. Where thebond Is executed by an agent, theremust be included a certified copy ofthe authority oftheagentto actfor the surety company at the time ofthe execution ofthe bond.

The bond mustbe issued bya surety authorized to issue such bonds in the State ofOregon and that is named onthecurrent list ofapproved surety companies acceptable onfederal bondsas published in the Federal Register bythe audit staff. Bureau ofAccounts,United States Treasury Department.

Bid Bond Form P39® 00 4010 - 2


SECTION 00 40 15 NOTICE TO FIRST-TIER SUBCONTRACTORS

Instructions for First-Tier Subcontractor Disclosure

Bidders are required to disciose information about certain first-tier subcontractors (see ORB2790.3790). Specifically, when the contract amount of a first-tier subcontractor furnishing laboror labor and materials would be greater than or equal to: (i) 5% of the project Bid, but at least$15,000; or (ii)$350,000 regardless of the percentage, the Bidder must disclose the followinginformation about that subcontract either in its Bid submission, or within two hours after BidClosing:

(A) The subcontractor's name;

(B)The category of Workthat the subcontractor would be performing; and

(C)The dollarvalue of the subcontract. Ifthe Bidderwill not be using any subcontractors thatare subject to the above disclosure requirements, the Bidderis required to indicate"NONE" onthe accompanying form.

RRPRD MUST REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORMWITH THIS INFORMATION BY THE STATED DEADLINE (see OAR 137-049-0360).

First-Tier Subcontractors Disclosure / Form Page 00 40 15-1


FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

PROJECT NAME: River Road Park & Recreation District Boiler Replacement Project

BID#:

BID CLOSING: June 14,2016 at 2 PM Pacific Standard Time

This form must be submitted at the location specified in the Invitation to Bid on the advertisedBid closing date and within two working hours after the advertised Bid closing time.

List below the name of each subcontractor that will be fumishing labor or will be furnishing laborand materials and that is required to be disclosed, the category of work that the subcontractorwill be performing and the dollar value of the subcontract. Enter "NONE" if there are nosubcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED.)

SUBCONTRACTOR NAME CATEGORY OF WORK DOLLAR VALUE

$

$

$-

Failure to submit this form by the disclosure deadline will result in a nonresponsive Bid. Anonresponsive bid will not be consideredforaward.

Form Submitted By (Bidder Name):

Contact Name:

Phone Number

First-Tier Subcontractors Disclosure / Form Page 00 40 15 - 2


SECTION 00 40 20 NGN COLLUSION AFFIDAVIT

The undersigned states that this Bid is not made in the interest of, or on behalf of, anyundisclosed person, partnership, company, association, organization, or corporation;that the Bidder has not directly or indirectly induced or solicited any other Bidder to put ina false or sham Bid, and has not directly or Indirectly colluded, conspired, connived, oragreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrainfrom Bidding, that the Bidder has not in any manner, directly or indirectly, sought byagreement, communication, or conference with anyone to fix the Bid price or the Bidderor any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or thatof any other Bidder, or to secure any advantage against the public body awarding theContract of anyone interested in the proposed Contract; that all statements contained inthe Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted hisor her Bid price or any breakdown thereof, or the contents thereof, or divulgedinformation or data relative thereto, or paid, and will not pay, any fee to any corporation,partnership, company, association, organization, biddepository, or to any member oragent thereof to effectuate a collusiveor sham Bid.

Signature of Affiant

State of Oregon ))ss.

County of )

On . 2016, .personally Appeared before me, NotaryPublic,

• Personally known to me OR • provided to meonthe basisofsatisfactory evidence tobe the person(s) whose name(s) is/are subscribed to the within instrument andacknowledged to methathe/she/they executed thesame in his/her/their authorizedcapacity(ies), andthat by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf ofwhich the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

(Signature of Notary Public)

Non Collusion Affidavit Page 00 40 20 -1


SECTION 00 40 25 SUBSTITUTION REQUEST FORM

TO: Jack HeiselProject ManagerRiver Road Park & Recreation District1400 Lake Drive

Eugene, OR 97404Emaii: [email protected]

SPECIFIED ITEM:Section Paragraph

The undersigned requests consideration of the following:

PROPOSED SUBSTITUTION:

Description

Attached data includes productdescriptions, specifications, drawings, photographs, performance and testdata adequate for evaluation of request including identification of applicabledata portions.

Attached data also includes descriptionof changes to Contract Documents and proposed substitutionrequires for proper installation.

The undersigned certifies following items, unless modified byattachments, are correct:

1. Proposed substitution does not affectdimensionsshown on drawings.

2. Undersigned paysfor changes to building design, including engineering design, detailing, andconstruction costs caused by proposed substitution.

3. Proposed substitution has no adverseeffect onothertrades, construction schedule, or specifiedwarranty requirements.

4. Maintenance and service partsavailable locally or readily obtainable for proposed substitution.

Undersigned further certifies function, appearance, andquality ofproposed substitution are equivalent toor superior to specified item.

Submitted bv:

Sianature:

Film:

For use by Engineer• Approved • Approved as noted.• NotApproved • Received too late

Bv:

Address; Date:

For use by Project Manager• Approved • Approved as noted.• NotApproved • Received too late

Bv:

Date:

Date:

Tel: Fa*:

Attachments:

Substitution Request Form Page 00 40 25 -1


SECTION 00 50 00 CONTRACT

This Contract, made and entered into by and between River Road Park & RecreationDistrict, a political subdivision of the State of Oregon, hereinafter called the "Owner," and

(Bidder's Name) of(Bidder's City and State) hereinafter called the "Contractor;"

WITNESSETH:

The Contractor, in consideration of the sum to be paid by the Owner and of the covenantsand agreements herein contained, hereby agrees at its own proper cost and expense to doall the Work and furnish all the materials, tools, labor, transportation, and all appliances,machinery and appurtenances for construction to the extent of the Bid made by theContractor, dated the day of , 201 , all in fullcompliance with the Contract Documents referred to herein.

The BIDDING REQUIREMENTS, including the signed copy of the Bid Form, theCONTRACT FORMS, the GENERAL CONDITIONS, the SPECIFICATIONS, DRAWINGS,and ADDENDA, are hereby referred to and by reference made a part of this Contract as fullyand completely as if the same were fully set forth herein and are mutually cooperativetherewith.

In consideration of the performance of the Work as set forth in these Contract Documents,the Owner agrees to pay to the Contractor the amount bid in the Bid Form as adjusted inaccordance with the Contract Documents, or as otherwise herein provided, and to makesuch payments inthe mannerand at the times provided inthe Contract Documents.

CONTRACT TIMES

The Contractor agrees to complete the Work in the manner described and within the timespecified below. The Contractor agrees to accept as full payment hereunder the amountscomputed as determined by the Contract Documents and basedonthe said Bid

The Work shall be Substantially Completed on or before September 14, 2016. TheWork shall be completed in ali respects and ready for finai payment in accordancewith the General Conditions on or before September 18,2016.

LIQUIDATED DAMAGES

The Contractor agrees that the damages for delay sustained by the Owner by reason of theBidder's failure to timely perform its obligations under this Contract andwithin the time notedabove are difficult, if not impossible, to ascertain. The Bidder also agrees that liquidateddamages in the amounts shown below are reasonable in light ofthe anticipated or actualharm which may be caused by the delay, the difficulties of proving loss, and theinconvenience or nonfeasibility of otherwise obtaining an adequate remedy for delay. Suchliquidated damages shall not bethe exclusive remedy of the Owner, but shall be in additionto any other remedies Owner may have for breach ofthis Contract and shall be in additionto any actual provable damages, other than for delay, sustained by Owner by reason of abreach of this Contract by the Bidder. Saturdays, Sundays and any other Oregon legalholidays shall be included in determining days in default.

Contract Page 00 50 00-1


Liquidated Damages for Substantial ComDietion: Two thousand dollars ($2,000) foreach day or partial day that begins after the time specified herein for SubstantialCompletion until the Work is Substantially Complete.

After Substantial Completion, if the Contractor neglects, refuses, or fails to complete theremaining Work within the Contract Time or any proper extension thereof granted by Owner,Contractor shall pay Owner the following Liquidated Damages noted below for eachSchedule:

Liquidated Damages for Final Comoletion: Two thousand dollars ($2,000) for eachday or partial day that begins after the time specified herein for final completion andreadiness for final payment until the Work is completed and ready for final payment.

The Contractor agrees to remedy all defects appearing in the Work or developing in thematerials furnished and the workmanship performed under this Contract for the period oftime as specified by the Contract Documents, and, to the greatest extent permitted by law,the Contractor further agrees to defend, indemnify and save the Owner harmless from anyexpenses encountered in remedying such defects.

IN WITNESS WHEREOF, we, the parties hereto, each herewith subscribe the same on thedates set forth below.

OWNER: CONTRACTOR:

RIVER ROAD PARK & [NAME OF CONTRACTOR HERE]RECREATION DISTRICT,

By: By:_Dale Welgandt, Superintendent

Dated: Title:

Dated:

APPROVED AS TO FORM

Attorney

Contract Page 00 50 00 - 2