PROPOSAL DOCUMENTS FOR PORTABLE RESTROOMS

Transcription

1 PROPOSAL DOCUMENTS FOR PORTABLE RESTROOMS PROPOSALS DUE: March 31, :00 P.M. AT THE DISTRICT OFFICE 799 SW Columbia Street, BEND, OR PROJECT NUMBER CONTRACT ADMINISTRATOR DAVID L. CROWTHER,

2 Index to Contract Documents Request for Proposal Information for Proposers Proposal Contract Exhibits A & B

3 REQUEST FOR PROPOSAL The Bend Park & Recreation District will accept sealed proposals ( Proposals ) at its Administration Office, 799 SW Columbia Street, Bend, Oregon 97702, until 2:00 pm, March 31, Proposals will be opened and read immediately following closing. No Proposals will be received after closing. This is a public contract for acquisition of services pursuant to Oregon Revised Statutes (ORS) chapter 279B. The work includes, but is not limited to, providing portable restrooms and hand sanitizer/cleaner; cleaning, repairing, replacing restrooms; and providing wash stations and holding tanks for various park sites and events throughout the District as outlined in Exhibit A of the Proposal Documents. Each Proposal shall be submitted in a sealed envelope, marked Portable Restroom Proposal, and addressed to David Crowther at the address provided above. Questions regarding the project, or requests for clarification or change, should be directed to David Crowther at (541) Questions and requests for clarification must be received at least five (5) days prior to Bid date and time. The District will issue written notices of clarification, addenda, and Proposal results to all proposers and posted on the Premier Builders Exchange. Each Proposal must contain a certification declaring the Proposer s residency status, as defined in ORS 279A.120. In determining the lowest responsive Proposal, the District shall, in accordance with OAR , add a percentage increase to the Proposal of a nonresident Proposer equal to the percentage, if any, of the preference given to the Proposer in the state in which the Proposer resides. The successful Proposer must comply with the applicable provisions of the Oregon Public Contracting Code (ORS 279A and 279B) and the District s public contracting rules, as all are amended from time to time, in the performance of the work. The successful proposer shall file with the District, at the time of execution of the Contract, a certificate of insurance of not less than two million dollars ($2 million) general liability per occurrence, one million ($1 million) auto liability naming the District as an additional insured, and workers compensation coverage that meets the State of Oregon requirements. The District may reject any Proposal not in compliance with this RFP or with prescribed public contracting procedures and requirements, and may reject for good cause all Proposals upon a finding of the District that it is in the public interest to do so. REQUEST FOR PROPOSALS 1-1

4 INFORMATION FOR PROPOSERS 2-1 INFORMATION FOR PROPOSERS 1. GENERAL DESCRIPTION OF PROJECT. A general description of the work to be performed is contained in the Request for Proposal ( RFP ). The scope is indicated in the applicable parts of the contract documents and project specifications. 2. PROPOSAL DOCUMENTS. The Proposal documents ( Proposal Documents ) include the Notice of Request for Proposals, Invitation to Propose, Information for Proposers, Contract, General Conditions, Specifications, Proposal, and any addenda or clarifications issued prior to receipt of Proposals. All requirements and obligations of the Proposal Documents are hereby incorporated by reference into the Contract and are binding on the successful Proposer upon award of the Contract. Proposer assumes full responsibility for errors, omissions or misinterpretations resulting from the use of incomplete sets of Proposal Documents. Proposal Documents are provided to Proposer only for the purpose of obtaining Proposals on the work and do not confer a license or grant for any other use. 3. FORM OF PROPOSALS. The following minimum requirements as to the form and manner of submitting Proposals must be strictly observed; variance from these requirements will result in rejection of the Proposal as unresponsive. a) Each Proposal must be submitted on forms furnished by the District. b) Each Proposal must fully address the evaluation criteria described below. c) Each Proposer must sign its Proposal. d) Each blank in the Proposal must be filled in unless an alternative is provided. Each separate Proposal item must be proposed on, unless the Proposal form clearly indicates otherwise. e) Each Proposal must be submitted in a separate sealed envelope, marked as specified in this RFP so as to indicate its contents and allow identification of the Proposer without opening, and in the hands of David L. Crowther at the time and place specified for Proposal opening. f) A Proposal shall contain no modifications, deletions, exceptions, reservations or conditions which in any way conflict with or purport to alter any provision contained in the Proposal Documents. Any such proposals shall be rejected pursuant to ORS 279B.100 and OAR PREPARATION OF PROPOSALS.

5 Proposals shall provide sufficient information for the District to evaluate the Proposal according to the criteria described above. The Proposal form must be used without alteration. All blank spaces in the Proposal form must be filled in, in ink, or typed, in both words and figures where required. No changes shall be made in phraseology of the forms. Amounts stated in words shall govern in cases of discrepancy between the amount stated in words and the amount stated in numerals. Proposers will be evaluated on the following evaluation criteria with a maximum possible 100 points. Evaluation shall be subject to District discretion except as provided below: 1. Sufficient Number and Quality of Restrooms. Max. 35 points 2. Company and Crew experience for similar clients. Name of key personnel on this contract. Experience in working tight spaces and around occupied spaces and other difficult conditions. Max. 10 points 3. Proposal Price. Max. 35 points Lowest Bid Second Lowest Third Lowest Fourth Lowest 35 points 30 points 25 points 15 points 4. Ability and experience in dealing with last minute orders, co-ordination with special events and placing restrooms in correct location/accessible. Max. 10 points 5. Three References in the past three years. Submission of this proposal will be deemed permission to contact any or all references. Max. 5 points The Proposer shall sign his/her Proposal in the blank space provided. Proposals made by corporations or partnerships shall contain names and addresses of the principal officers or partners. If a corporation makes the Proposal, it must be signed by one of the corporation s principal officers. If made by a partnership or limited liability company, it must be signed by one of the partners or members, clearly indicating that he/she is signing as a partner or member of the firm. In the case of a Proposal made by a joint venture, each of the joint venturers must sign the Proposal in his/her personal capacity. 5. SUBMISSION OF PROPOSALS. All Proposals must be submitted at the time and place and in the manner prescribed in the Request for Proposals. If the Proposal is submitted by mail, the sealed envelope containing the Proposal must be enclosed in a separate envelope plainly addressed for mailing to conformance with instructions in the Request for Proposals. 6. MODIFICATIONS OR WITHDRAWAL OF PROPOSAL. INFORMATION FOR PROPOSERS 2-2

6 Proposals may be withdrawn prior to the scheduled time for the opening of the Proposals either by telephone, , written request or in person. No Proposal may be withdrawn after the time scheduled for the opening of Proposals. Proposals may be modified only as allowed by OAR CONDITIONS OF WORK. Each Proposer must inform him/herself of the conditions relating to the execution of the work, and become thoroughly familiar with all the Contract documents. Failure to do so will not relieve the successful Proposer of his/her obligations to enter into a Contract and to complete the contemplated work in strict accordance with the Contract documents. Before submitting a Proposal, each Proposer personally shall inspect the sites of the proposed work to arrive at a clear understanding of the conditions under which the work is to be done. By submitting a Proposal, the Proposer represents and warrants that the Proposer has compared the sites with the Proposal Documents and has satisfied him/herself as to the actual conditions of the sites. Each Proposer must inform him/herself on all federal, state, and local statutes and regulations relevant to the execution of the work, the employment of labor, protection of public health, access to the work and similar requirements. 9. AWARD OF CONTRACT. The District will award the contract to the responsive and responsible Proposer whose Proposal will best serve the interests of the District and is in compliance with applicable law. The District reserves the right to accept or reject any or all Proposals, and to waive minor informalities and errors in such Proposals, each in accordance with Oregon law. A responsive Proposer shall mean a Proposer who has submitted a Proposal which conforms, in all material respects, to the solicitation documents. A responsible Proposer shall mean a Proposer who has the capability, in all respects, to perform fully the Contract requirements, and the integrity and reliability which will ensure good-faith performance. Responsibility will be determined in accordance with the standards set forth in ORS 279B.110 and OAR (1)(c)(F). 10. PUBLIC WORKS BOND This contract is for services pursuant to ORS chapter 279B, and does not involve construction. Therefore, no public works bond is required. 11. REQUEST FOR CLARIFICATION OR CHANGE; SOLICITATION PROTESTS; PROTEST OF AWARD. A. Clarification. Prior to the deadline provided in the RFP for submitting a request for change or protest, a Proposer may request clarification of any provision of the Proposal Documents. Requests for clarification shall be submitted to the person identified in the RFP. Any clarification to a Proposal, whether orally or in writing, does not change the Proposal Documents, and is not INFORMATION FOR PROPOSERS 2-3

7 binding on the District, unless the District amends the Proposal Documents by written addendum. B. Request for Change. A Proposer may request in writing a change to the Specifications or Contract terms and conditions on or before three (3) working days prior to the bid date and time. All requests for change shall be directed to the person identified in the RFP, and must comply with OAR C. Solicitation Protest. A Proposer my protest the Specifications or Contract terms and conditions by delivering a written protest on those matters to the District on or before seven (7) days prior to the bid date and time. All protests of Specifications or Contract terms and conditions must be in writing, and must comply with OAR D. Right to Protest Award. A Proposer may submit to the District a written protest of the District s intent to award within seven (7) days after the District s issuance of the notice of intent to award the Contract. A Proposer may submit a protest of the award only as allowed by, and only in compliance with, OAR PERMITS AND LICENSES. The Contractor will have or obtain any and all permits and licenses required by Deschutes County, the District, the City of Bend and the State of Oregon, pertaining to the project. 13. ADDENDA. Changes to the Proposal Documents, whether in response to requests for clarification or change or a solicitation protest, or to issue supplemental instructions, may only be made by written addenda.. No addenda, with the exception of addenda withdrawing the bidding or extending the bid period, will be issued less than 24 hours prior to the Bid date and time. All addenda so issued shall become part of the Proposal Documents. No other oral or written statements to Proposers shall be binding on the District unless reduced to written addendum. 14. PRE-PROPOSAL INQUIRIES. Proposers with non-technical, pre-proposal inquiries may contact David Crowther at INFORMATION FOR PROPOSERS 2-4

8 PROPOSAL FORM TO: BUSINESS MANAGER Project Name: Portable restrooms Bend Park and Recreation District 799 SW Columbia Street Bend, Oregon The undersigned, hereinafter called the Proposer, declares that the only persons or parties interested in this Proposal are those named herein; that this Proposal is, in all respects, fair and without fraud; and it is made without collusion with any official of Bend Park and Recreation District, Bend, Oregon, hereinafter called District; and that this Proposal is made without any connection or collusion with any person making another Proposal on this Contract. The Proposer further declares that he or she has carefully examined the project sites and the Contract documents; is satisfied as to the quantities involved, including materials and equipment, and conditions of work involved; and that this Proposal is made according to the provisions and under the terms of the Contract documents, which documents are hereby made a part of this Proposal. Proposer acknowledges that Proposer has read and understands the terms and conditions of the Proposal Document, and accepts and agrees to be bound by the terms and conditions of the Proposal Documents. The Proposer agrees that all of the applicable provisions of Oregon law relating to public contracts (ORS Chapter 279A, 279B) and the District s public contracting rules are, by this reference, incorporated in and made a part of this Proposal. The Proposer certifies that Proposer has not discriminated and will not discriminate against minority, women or emerging small business enterprises in obtaining required subcontractors. [Circle one.] Proposer (is) (is not) a resident of the State of Oregon. If Proposer is a resident of another state, specify state of residency:. The Proposer agrees that if this Proposal is accepted, Proposer will, within ten (10) days after notification of acceptance, execute a contract with the District in the form of Contract attached to the RFP; and will, at the time of execution of the Contract, deliver to the District the Certificate of Insurance naming the District as an additional insured as required herein; and will, to the extent of this Proposal, furnish all materials necessary to complete the work in the manner, in the time, and according to the methods as specified in the Contract documents. In case the Proposer shall fail or refuse to enter into the Contract for the said work within ten days of notice of award, the District can go to the next highest Proposer and enter into a contract. PROPOSAL 3-1

9 The Proposer agrees to commence work upon the issuance of a Notice to Proceed by the District. Proposer further agrees to pay liquidated damages as set forth in the Contract documents for failure to complete within the specified time. Base Proposal: Having become completely familiar with the local conditions and legal requirements affecting the cost of the work at the place where the work is to be executed, and having carefully examined the site conditions as they currently exist, and having carefully examined the Proposal Documents, prepared by Bend Park and Recreation District, titled: Proposal Documents for Portable Restrooms. Together with any addenda to such Proposal Documents as listed hereafter, the undersigned hereby proposes and agrees to provide all labor, materials, equipment, transportation, supervision, and other facilities and services as necessary and/or required to execute all of the work described in the Proposal Documents for a unit price consideration. Unit Price Schedule: Submit unit price schedule with proposal as part of Proposal documents. This Proposal shall be irrevocable and open for acceptance for a period of sixty (60) days from the date of closing of Proposals. If notified in writing by the District of the acceptance of this Proposal within sixty (60) days of the Proposal closing date, subject to such other period as may be specified in the Proposal Document, the Proposer shall execute the Contract between the District and Proposer no later than ten (10) calendar days after the District s acceptance of the Proposal. The name of the Proposer who is submitting this Proposal is: Firm Name: Printed Name of Individual: Telephone Number: Facsimile Number: Address: Address: [Attach to this completed form up to five (5) additional pages addressing the Evaluation Criteria described in Section 4 of the Information for Proposers.] PROPOSAL 3-2

10 All communications concerning this Proposal and with the Contract will be sent to Proposer at the above address, fax number or address. The names of the principal officers of the corporation submitting this Proposal, or of the partners or members of the partnership or limited liability company submitting this Proposal, or of all persons interested in this Proposal as principals, are as follows: (IF SOLE PROPRIETOR, PARTNERSHIP OR LIMITED LIABILITY COMPANY) IN WITNESS HERETO, the undersigned has set his/her (its) hand this day of, Signature of Proposer Title (IF CORPORATION) IN WITNESS WHEREOF, the undersigned corporation has caused this instrument to be executed and its seal affixed by its duly authorized officers this day of, Name of Corporation: By: Title: CONTRACT 4-1

11 CONTRACT THIS AGREEMENT made as of the day of, 2016 between District : Bend Park and Recreation District 799 SW Columbia Street Bend, Oregon And CONTRACTOR : for PROJECT : Providing Portable Restrooms and Service District and Contractor agree as set forth below: The Contract Documents. The following documents (the Contract Documents ) form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein: 1. This Agreement. 2. Request for Proposal 3. Information for Proposers 4. Proposal 5. Addenda issued prior to, and all Modifications and Change Orders issued after execution of this Agreement. CONTRACT 4-2 TERMS AND CONDITIONS

12 1. SUPPLIES, SERVICE AND EQUIPMENT PROVIDED. Contractor shall furnish to District the following supplies, service and equipment: CONTRACT 4-3 Portable restrooms; cleaning, maintenance, servicing, replacing damaged restrooms; sanitizing and providing hand sanitizer; and providing restroom tissue. Restrooms shall be provided in a gray, green or other neutral color to blend in with natural surroundings. For reasons such as condition, color, size, etc., may reject any or all restrooms provided. 2. TIME; CONSEQUENCE OF UNTIMELY RESPONSE. Contractor shall begin to supply the above-mentioned materials, service and equipment to District upon timely acceptance of this contract and shall continue to supply District with the above-mentioned materials for a period of one (1) year from the date of this contract. This Contract shall expire one (1) year from the date of acceptance and may be extended by District for four (4) one-year extension periods with negotiations and written agreement between District and Contractor on the rate and service changes each year. Notice of extension or termination from the District to the Contractor shall be made at any time prior to expiration of the current contract or Contractor shall give notice they do not intend to pursue an extension of the contract sixty (60) days prior to the expiration of the current contract. Contractor agrees to provide District with restrooms and supplies within two (2) days from the date of request from District. If Contractor cannot provide the requested equipment and materials within the two-day time period, the Contractor must notify District within four hours of the request. The parties agree that, notwithstanding paragraph 5 of this agreement, in the event Contractor cannot provide District with the supplies and restrooms requested in a timely manner, to the District may order supplies and restrooms that Contractor cannot provide from another provider. 3. CONTRACT PRICE. Contractor shall provide the restrooms and services described in Exhibits A and B to District for the stated unit prices for the duration of this contract. 4. PAYMENTS. SEE EXHIBITS A and B Unless specifically stated otherwise in this contract, The Contractor shall submit written invoices to the District for supplies, materials and equipment delivered under this contract. Invoices are payable upon terms of the invoice, but not less than net thirty (30) days.

13 5. SOLE SOURCE. Except as provided in paragraph 2 of this agreement, for the term of this contract Contractor shall be the District s sole source for the above-mentioned supplies. In consideration of the Contractor being the sole source for District, Contractor agrees that the prices of the service and supplies set forth are fixed for a period of one year from the date of signing this Contract. 6. TERMINATION. District, without prejudice to its other rights, may terminate this contract if Contractor fails to provide District with requested supplies, materials, equipment or service within the time agreed to in this contract. If District terminates the contract with Contractor for the reasons stated herein, District shall immediately pay invoices for supplies provided by Contractor prior to termination. In any event, District may terminate this contract for convenience with thirty (30) days written notice. Contractor s sole remedy for early termination by District shall be compensation for all materials and supplies provided to District up to and including the effective date of termination. 7. WRITTEN ORDER. District shall order supplies and equipment through written orders that will be faxed, sent electronically, or mailed to Contractor. Contractor will accept no other method of ordering supplies. 8. INDEMNITY. Contractor agrees to indemnify and hold District and its officers, employees, and agents harmless from any and all liabilities, claims, expenses, losses or damages, including attorney fees, which may arise as a result of the negligence of the Contractor or the negligent manufacturing of said supplies or equipment, which may cause damage to the area where installed or injury to someone using equipment. 9. WARRANTY. Contractor warrants that all materials and equipment furnished by the Contractor will be of standard or better quality and will be free from defects. 10. SERVICE. Contractor shall provide cleaning and sanitizing service and restroom tissue to District at no additional charge. Contractor will ensure that equipment and systems provided are working properly and secured to prevent tip-overs. District will work with the Contractor with an anchoring system for the restrooms. In the event of a problem, Contractor will address the problem to get restroom back on line within six (6) hours of notification. CONTRACT 4-4

14 If a restroom is vandalized or damaged it will be the responsibility of the Contractor to repair, replace and provide cleanup service in, on and around the restroom within two (2) hours of notification, at Contractor s expense. Contractor will maintain a record of service which shall be displayed on each unit. If the Contractor is unable to service a unit(s) as scheduled or address a problem unit within the sixhour time period, Contractor shall promptly notify the District in order to reach a mutually agreed-upon schedule for service. 11. REQUIREMENTS a) Price shall include all chemicals, supplies, cleaning, pickup and delivery. b) SDS sheets shall be provided to District for all products used in conjunction with equipment and products supplied. c) A service schedule shall be mutually agreed upon between the Contractor and District and is subject to change based on usage. The schedule will be distributed to District showing when units are cleaned. d) Each portable restroom shall display a record of service clearly identifying personnel performing service and date of service. e) Each unit shall be equipped with a working lock system, occupied/vacant indicator, and a tissue holder that is firmly attached to the unit per manufacturer s specification. The seat cover shall be hinged and in working order. All other equipment shall be in working order. f) All units provided will be less than five (5) years old and/or in good condition and appearance, and a neutral color. g) Units shall have hand cleaner and paper dispensers which shall be kept stocked. h) Contractor shall be responsible for tracking units used for special events and for picking up units on Monday or the day following the special event. i) If needed, District keys will be issued to Contractor to ensure accessibility for service, pickup and delivery. Contractor will sign for the keys when issued and will return keys upon termination of contract. If keys are lost, a charge of $25 per key will be assessed for replacements. j) Special Events and Special Event Units will be charged the daily or weekly rate depending upon the length of the event. 12. MEDIATION. Arbitration Required/Mediation First Option. Any dispute or claim that arises out of or which relates to this Contract, or to the interpretation or breach thereof, or to the existence, scope, or validity of this agreement or the arbitration agreement, shall be resolved by arbitration in accordance with the then-effective arbitration rules of Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The Owner, the Contractor, and all subcontractors, subsubcontractors, material suppliers, engineers, architects, designers, construction lenders, bonding companies, and all other parties concerned with and involved in the performance of the contract are bound, each to the other, by this arbitration clause, provided such party has signed this CONTRACT 4-5

15 Contract, or signs an agreement that incorporates this Contract by reference, or signs any other agreement to be bound by this arbitration clause. The parties acknowledge that mediation usually helps parties to settle their dispute. Therefore, any party may propose mediation whenever appropriate by any mediation process or mediator as the parties may agree upon. Any mediation or arbitration shall take place in Deschutes County. 13. CHOICE OF LAW AND JURISDICTION AND VENUE. This contract and all materials and/or supplies provided hereunder shall be interpreted under the laws of the State of Oregon. Each party hereto accepts jurisdiction of the Deschutes County Courts of the State of Oregon for the purposes of commencing, conducting and enforcing arbitration or litigation proceedings and agrees to accept notice in writing by certified mail with the same effect as though personally served in the State of Oregon. Venue for any judicial proceedings shall be in Deschutes County, Oregon. 14. ATTORNEY FEES. In the event suit, action, or arbitration is instituted to enforce any right granted in this contract, the prevailing party shall be entitled to recover its costs and disbursements incurred together with reasonable attorney fees to be fixed by the court at trial or on appeal. 15. INSURANCE A. Contractor will procure prior to commencement of Work and maintain for the duration of this Contract, or such longer time as may be provided, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work by Contractor, its agents, representatives, employees and subconsultants as set forth below, except to the extent different coverage or limits requirements are specifically set out in the Contract Documents. The insurance companies will be first-class insurers and underwriters with an A.M. Best s financial strength rating of A- or better and financial size category of X or better, and the insurance companies otherwise will be reasonably acceptable to the District. 1) Workers Compensation Insurance: Statutory limits. Contractor shall comply with ORS , which requires subject employers to provide Oregon workers compensation coverage for all their subject workers. No Workers Compensation Insurance has been or will be obtained by Bend Park and Recreation District for Contractor or Contractor s employees and subcontractors. Contractor shall provide and maintain workers compensation coverage for its employees, officers, agents or partners as required by applicable workers compensation laws including employers liability with limits not less than $500,000. Include the Maritime Coverage Endorsement incorporated if watercraft is used in performing the Work and with the U.S. Longshore and Harbor Workers Compensation Act Endorsement incorporated if the Work is performed on or in close proximity to navigable waterways. CONTRACT 4-6

16 2) Employer s Liability Insurance: subject to a waiver of subrogation in favor of the District, with limits of liability of not less than $1,000,000 per accident, $1,000,000 disease each employee and $1,000,000 disease policy limit. 3) Commercial General Liability Insurance: applicable to all premises and operations, including Bodily Injury, Property Damage, Personal Injury, Blanket Contractual Liability, Independent Contractors, Products and Completed Operations, Broad Form Property Damage, and coverage for explosion, collapse, and underground hazards, with limits of liability of not less than $2,000,000 per occurrence, $4,000,000 aggregate and $2,000,000 Products and Completed Operations. 4) Business Automobile Liability Insurance: applicable to any automobile assigned to or used in the performance of the services, whether owned, hired or non-owned, with a limit of liability of not less than $1,000,000 combined single limit per accident. B. Contractor will file certificates of insurance acceptable to the District prior to commencement of the Work. The certificates and the insurance policies required under the Contract will contain provisions that coverages afforded under the policies will not be canceled or allowed to expire without renewal until at least 30 days prior written notice to the District. C. The Commercial General Liability policy will include coverage for bodily injury, property damage, independent contractors, blanket contractual, personal injury, products and completed operations, broad form property damage (including but not limited to completed operations) and coverage for explosion, collapse and underground hazards. This insurance will include contractual liability to cover the liability assumed by the Contractor under the indemnification provisions of the General Conditions. D. The Commercial General Liability and Business Automobile Liability policies will name The District and its directors, employees, and agents as additional insureds, using ISO additional insureds endorsement CG or a substitute providing equivalent coverage. All coverage afforded to the additional insureds will 1) be primary and noncontributory as to any insurance or self-insurance retention of the additional insureds; 2) provide the same types and extents of coverages afforded to the primary insureds, and will not be limited to the vicarious liability of the additional insureds, but this paragraph will not be interpreted or applied to require coverage of liability of the additional insureds in violation of ORS ; 3) waive all rights of subrogation against the additional insureds; 4) not be limited to ongoing operations and 5) be maintained for the same durations as the coverages afforded the primary insureds, including but not limited to the continuation of Products and Completed Operations. E. Contractor will pay all deductibles on all policies required under the Contract. Contractor s liabilities, including but not limited to Contractor s indemnity obligations, will not be deemed limited in any way to the insurance coverage required herein. Maintenance of insurance coverage is a material requirement of this Contract and Contractor s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Contract, as required or when requested, may be treated as a material breach. F. When the construction is to be accomplished within a public or private right-of-way requiring special insurance coverage, the Contractor will conform to the particular requirements and provide the required insurance. The Contractor will include in its liability policy all endorsements that the applicable government authority may require for the protection of the CONTRACT 4-7

17 authority, its officers, agents, and employees. The Contractor will provide insurance coverage for special conditions, when required. G. The Contractor will require all subcontractors (unless otherwise approved by the District) to carry insurance at least equal to that required by this Article. 16. PUBLIC CONTRACTING REQUIREMENTS. A. Pursuant to ORS 279B.220, the Contractor shall: CONTRACT 4-8 (1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. (2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. (3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. (4) Pay to the Department of Revenue all sums withheld from employees under ORS B. Pursuant to ORS 279B.230(1), the Contractor shall promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. C. Pursuant to ORS 279B.230(2), Contractor agrees that it is a subject employers required to comply with ORS , or is an exempt employer under ORS D. Pursuant to ORS 279B.235, the Contractor shall pay employees at least time and a half pay for work the employees perform under the public contract on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020 (1)(b)(B) to (G) and for all time the employee works in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. The contractor shall notify in writing employees who work on a public contract for services, either at the time of hire or before work begins on the public contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the contractor may require the employees to work. 17. SIGNATURES.

18 To be effective, this Contract must be signed by the District and Contractor. THIS WRITTEN CONTRACT CONTAINS THE ENTIRE CONTRACT BETWEEN DISTRICT AND CONTRACTOR AND NO OTHER ORAL OR WRITTEN INDUCEMENT OR PROMISE HAS BEEN MADE TO OR EXTENDED FROM EITHER PARTY AS A PART OF THIS CONTRACT. THIS CONTRACT SHALL BE CHANGED, AMENDED, OR MODIFIED ONLY BY WRITTEN INSTRUMENT SIGNED BY BOTH DISTRICT AND CONTRACTOR. DISTRICT Bend Park & Recreation District CONTRACTOR By: By: Its: Executive Director Its: Date: Date: CONTRACT 4-9

19 EXHIBIT A Seasonal Permanent Community Parks ADA 2 Standard 1 July 4th Event ADA 4 Standard 12 Handwashing Stations 3 Neighborhood Parks ADA 19 5 Standard 1 Off Leash Areas ADA 2 Standard 1 Sports Parks ADA 2 Standard 3 4 Regional Parks ADA 1 Standard 1 Sports Parks ADA 2 Standard 4 4 Trails ADA 2 Standard 1 2 Athletic Programs (at schools) Standard 21 Recreation Programs ADA 2 TOTAL ADA 41 Standard 55 Handwashing Station 3 99 Seasonal: Spring and/or Summer and/or Fall (4-7 months) Athletic programs at school sites are usually for around 10 weeks Note: Additional portables or service may be ordered for facilities, maintenance, construction projects or tournaments. Service days may be increased for special events, BLSD Summer Lunch Program, tournaments, or increased public use. EXHIBITS A & B 5-1

20 EXHIBIT B FEE SCHEDULE Please list cost for restrooms on daily, weekly, monthly and annual basis. State what is included in the price, such as how many times restrooms are serviced and inspected. In addition, list price for any other services provided. These prices should be broken out by type of restroom, i.e. standard restroom, accessible restroom, holding tank or sink-station. Standard Unit Accessible Unit Sink Station Holding Tank Daily Rate Weekly Rate Monthly Rate Annual Rate Special Event Daily Rate Extra Service N/A N/A N/A EXHIBITS A & B 5-2