River Road Park & Recreation District

Transcription

1 River Road Park & Recreation District Boiler Replacement Project Pool Facility PROJECT MANUAL May 27, 2016 RIVER ROAD PARK & RECREATION DISTRICT 1400 Lake Drive Eugene, OR 97404

2 RIVER ROAD PARK & RECREATION DISTRICT PROCUREMENT INFORMATION SUMMARY PAGE PROJECT TITLE River Road Park & Recreation District Boiler Replacement Project PROJECT LOCATION River Road Park & Recreation District Pool Facility 1400 Lake Drive Eugene, OR OWNER River Road Park & Recreation District 1400 Lake Drive Eugene, OR P: (541) Contact: Jack Heisel, Project Manager ENGINEER Systems West Engineers, Inc. 411 High Street Eugene, OR P: (541) Contact: Steven P. Hoffman, P.E. ONLINE INFORMATION Solicitation Documents: \Aww.rrDark.ora

3 RIVER ROAD PARK & RECREATION DISTRICT TABLE OF CONTENTS BIDDING & CONTRACTING REQUIREMENTS Section Section Section Section Section Section Section Section Section Section Procurement and Contracting Requirements Invitation to Bid Instructions for Procurement Bid Form Bid Bond Form First-Tier Subcontractors Form Non Collusion Affidavit Substitution Request Form Contract General Conditions TECHNICAL SPECIFICATIONS Division 01 Division 02 Division 20 Division 22 Division 23 Division 25 Division 26 General Requirements Existing Conditions General Mechanical Plumbing Heating, Ventilating, and Air Conditioning (HVAC) Integrated Automation Electrical 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 Legend, General Notes, & One-Line Diagrams Boiler Room Plans Partial Basement, First Floor & Loft Plans Cover Sheet: Contracts, Vicinity Map, & Sheet Index Legend, Abbreviations & General Notes Equipment Schedules Overall Building Plan Basement Plans Boiler Room Plans Partial First Floor Plan Loft Plans Partial Roof Plan Sections Details Diagrams

4 SECTION PROCURMENT AND CONTRACTING REQUIREMENTS PART 1 - Purpose The purpose of this Project Manual is to provide information regarding the construction services required 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 Public Contracting-, specifically OAR through OAR , latest edition] 2. Oregon Administrative Rules, Division 49 - General Provisions Related to Public Contracts for Construction Services] specifically OAR through OAR , latest edition] 3. Oregon Revised Statutes, Chapter 279A - Public Contracting General Provisions; specifically ORS 279A.005 through ORS 279A.990, latest edition; and 4. Oregon Revised Statutes, Chapter 279C - Public Contracting - Public Improvement's and Related Contracts; specifically ORS 279C.005 through ORS 279C.870, latest edition. B. RESPONSIBILITY It is the Bidder's responsibility to be familiar with the procurement requirements for this Invitation to Bid and the associated rules and statutes referred to in Division 49 and ORS 279C which affect the procurement of this Contract. C. PRE-OFFER CONFERENCE A mandatory Pre-Offer Conference will be scheduled on June 1, 2016 at 2:00 PM in the pool facility at River Road Park & Recreation District, 1400 Lake Drive, Eugene, OR PART 3 - About the Requesting Agency A. GENERAL INFORMATION 1. River Road Park & Recreation District (RRPRD) maintains and operates three locations, including its headquarters location at Emerald Park which includes its pool 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 of directors and managed by a district superintendent. Online information is available at rrpark.org. Procurement and Contracting Requirements Page

5 PART 4 - Project Description A. LOCATION The project is located at 1400 Lake Drive, Eugene, OR at the District's pool facility. B. SITE IMPROVEMENTS Built in 1960, the River Road Park and Recreation Center has undergone several additions and renovations over the years. One upgrade included replacement of the original boiler with two gas-fired, fire tub steam boilers sized at 20 and 50 boiler horsepower (BMP). Both boilers are beyond their ASHRAE median life expectancy of 25 years and the smaller boiler is no longer operational. Additional information regarding the 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 and Recreation facility are served by two boilers that are beyond their ASHRAE median life expectancy. Generally, the work ("Work") shall include replacing the boilers and associated equipment. More specifically. Work will include replacement of the existing steam boilers and related steam and condensate return system with a new heating water system. Since the use of steam will be eliminated, the existing pool heat exchanger and steam coils in air handlers AHLI2 and AHU-2. The new boilers will have a seasonal efficiency or approximately 95% compared to the existing boiler efficiency of 80%, producing significant energy savings. The existing women's locker room air handling unit has failed. Given its age, repair is not possible. Since heating water will now be available, replacement of the existing rooftop gas-fired heating unit with a new air handler with a heating coil is the preferred approach. This type of air handler will provide additional energy savings and have a longer life. Electrical work associated with the boilers will include replacement of the existing Panel P in the same location and serving the new panel from the newer switchboard installed during the 1997 electrical system improvements. Replacing the panel will allowfor increased access for service and provide full capacity of the panel. RRPRD will provide LED lamps or new pigtail wired LED fixtures to install at Contractor provided 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 Replace existing rooftop gas fired makeup air handler with new makeup air Procurement and Contracting Requirements Page

6 handler with heating water coil. Provide associated roof curb and roofing repairs. 6. Provide new heating waterto swimming pool wker heat exchanger and 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, 2016 Mandatory 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, 2016 Notice of Intent to Award Contract June 16, 2016 Selection Protest Deadline June 23, 2016 by 5:00 p.m. - END SECTION - Procurement and Contracting Requirements Page 00 GO 00-3

7 SECTION 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 services to replace boilers and associated equipment ("Project") at the pool facility at the District's Emerald Park headquarters location at 1400 Lake Drive, Eugene, OR This Project must be completed during the pool closure, August 27, 2016 to September 18, Only a base bid is being 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 the general 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 Bidder intends to use for the Project, must hold valid, current professional licenses and/or certifications as required by law for the Bidder's and/or subcontractor's profession. C. PRE-OFFER CONFERENCE 1. A Mandatory Pre-Offer Conference is scheduled for this ITB at the time and place under Section , Part 2.C of this ITB. 2. Attendance at the mandatory Pre-Offer Conference is required for all Bidders and any Bid received from a Bidder who did not attend the mandatory 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 been issued by the Project Manager. D. PROJECT DATES 1. Start Date: Work shall begin within 15 days of issuance of the Notice to Proceed. Work at the pool facility shall begin on August 27, 2016 (the first date of the pool closure). 2. Substantial Completion - No later than September 14, Final Completion - No later than September 18, E. PREVAILING WAGE RATES: 1. During the Project, the Bidder and all subcontractors must comply with ORS 279C.800 through 279C.870 relative to state prevailing wage rates and any other requirements as provided in the administrative rules of the Commissionerof the Oregon Bureau of Labor and Industries (BOLI). Invitation to Bid Page GO 01 GO -1

8 RRPRD will not consider a Bid unless the Bid contains a statement by the Bidder that the Bidder will comply with ORS 279C.838 or ORS 279C.840 or 40 U.S.C etseq. 2. Before beginning Work under the Contract, the Bidder and all subcontractors must file the required public works bond with the Construction Contractors Board. These requirements apply to the Boiler Replacement Project, and any otherwork that would constitute public works under the referenced requirements. 3. The applicable State BOLI prevailing wage rates are those in effect at the time of the advertisement to Bid, appearing in the latest-issued BOLI publication titled "PREVAILING WAGE RATES for Public Works Contacts in Oregon, which are incorporated herein by reference and is available at the following web address: http.// shtml. The date of publication is January 2014 and no amendments are applicable. 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. RRPRD reserves the right to discard documents submitted by a Bidder that are not required 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 Items listed in the Bid Form. 2. Ifthe Bid Form is replaced by an Addendum, then Bidders shall use that replacement form to provide pricing and other required Information. 3. Ifthe Bid Form is only modified by an Addendum, then Bidders shall follow the instructions in the Addendum for making modifications to the Bid Form. 4. Failure to supply the required information in the Bid Form or subsequent Addendum 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 lowest responsive base Bid. I. SOLICITATION LAWS AND RULES 1. This ITB and the resulting Contract are governed by Oregon law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the Oregon Revised Statutes and the Attorney General's Model Public Contract Rules ("Model Rules") OAR 137 Divisions 046 and 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

9 provisions of the above laws and rules. Copies may be obtained as follows: a. Oregon Revised Statutes (ORS 279A and 2790) - May be obtained from Legislative Counsel Committee, 900 Court St NE, S101 State Capitol, Salem, OR Phone (503) , or online at: A.html, or C.html b. Oregon Attorney General's Model Public Contract Rules (OAR 137 Divisions 046 and 049) - May be obtained from the Department of Justice, Publications Center, 1162 Court St NE, Salem, OR ; Phone (503) or online at: -END SECTION - Invitation to Bid Page

10 SECTION INSTRUCTIONS FOR PROCUREMENT Part 1 - Instruction to Bidders A. GENERAL INFORMATION 1. Bidders shall indicate whether they are a resident Bidder, as defined in ORS 279A RRPRD may reject a Bid that does not comply with prescribed public contracting procedures and requirements, including the requirements to demonstrate the Bidder's responsibility under ORS {3)(b), and RRPRD may reject for good cause all Bids after finding that doing so is in the public interest. 3. RRPRD may not receive or consider a Bid for a public improvements contract unless the Bidder is licensed by the Construction Contractors Board (CCB). Failure to comply with this requirement shall result in Bid rejection. 4. At the time Bidder submits its Bid, any subcontractor Bidder intends to use for the project must hold valid, current professional licenses and/or certifications as required by law for the subcontractor's profession. 5. Each Bid must also be accompanied by a Bid Bond using the form provided, or a certified cashier's check payable to the order of RRPRD in an amount equal to ten percent (10%) of the amount of the Bid, as a guaranty that the Bidder, if offered the Contract, will execute the Contract and properly furnish bonds, insurance and evidence of qualifications in conformity herewith. Failure to do so will cause a forfeiture of the Bid guaranty. B. OBTAINING INVITATION TO BID DOCUMENTS 1. The ITB, including all documents, supporting materials, and any Addenda, will be available for online or in-print viewing beginning on May 27, To view on line, visit: 3. To view a printed copy, visit Central Blueprint, 47 W. 5th Ave., Eugene, OR between 8:15 a.m. and 5:00 p.m. Bidders shall pay the cost of reproduction of Bid documents. 4. Each Bidder shall submit its name, postal and address to the Project Manager for the purposes of developing a plan holders list and sending out Addenda. C. NOTICE AND AMENDMENT OF BID 1. Any changes or additions to the Bid content developed after the release of the Bid will be described in Addenda. Such changes and/or additions include any change of dates in the Bid Schedule. Instructions for Procurement Page

11 2. In the event that RRPRD elects to amend, revise, or supplement any part of the Bid, a written Addendum will be ed to the Bidder and posted online via RRPRD's website. Any Addenda so issued shall be considered part of the Specifications of the Bid. RRPRD is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by written Addenda issued by RRPRD. In the case of any doubt or differences of opinion as to the services to be furnished hereunder, or the interpretation of the provisions of the Bid, the decision of RRPRD shall be final and binding upon all parties. 3. RRPRD will not issue Addenda less than 72 hours (3 calendar days) prior to 12:00 pm on the Bid closing date. Should the Bid closing date be extended by Addendum, the extended Bid closing date will supersede the prior closing date in determining the 72-hour Addendum window. Bidders should check the RRPRD website frequently until Closing, i.e. at least once weekly until the week of Closing and at least once daily the week of Closing. D. SOLICITATION PROTESTS; REQUEST FOR CHANGE; REQUEST FOR CLARIFICATION; REQUEST FOR PRODUCT SUBSTITUTION 1. Protests of the requirements, contractual provisions in the ITB, or requests for changes or clarifications of the ITB shall be made in writing, via , to the Project Manager by the time stated in the Schedule of Events. Protests of, and requests for changes to, technical or contractual requirements. Specifications, or provisions shall include the reason for the protest and any proposed changes to the requirements. No such protests or requests will be considered if received after the deadline. 2. Any reference to a brand name in these Solicitation Documents, including the Specifications and Plans, establishes the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the Project so long as: (1) they are equal to or better than the product brand name; (2) the brand name listed is not mandated pursuant to a brand name exception; (3) Bidder submits, via , a Substitution Request Form to the Project Manager by the date for Solicitation Protests; and (4) the Project Manager approves, in writing, such substitution. Requests for substitution of a product shall provide all the information necessary for the Project Manager to determine acceptability. The Project Manager may approve or deny a request for substitution in his sole discretion. Any Bid that includes a non-approved alternate product brand, or that takes exception to the Specifications, Plans, or contractual terms of the ITB, may be deemed as non-responsive and rejected. Any product subsequently approved for substitution will be listed on a Solicitation Addendum or Addenda issued by RRPRD. E. BID MODIFICATION PRIOR TO CLOSING 1. Alterations and erasures made before Bid submission must each be individually initialed in ink by the person signing the Bid. Bids, once submitted, may be modified in writing before Closing. Modifications made after Bid submission shall be prepared on Bidder's letterhead, be signed by an authorized representative, and state that the modifications amend Instructions for Procurement Page

12 and supersede the prior Bid. Nothing construed in this paragraph shall be construed as allowing the Bidder to alter or otherwise change the form of the Bid, the form of the Contract, the conditions of the Bid, the Specifications, and/or Plans attached to the Bid Documents. 2. Modifications must be submitted in a sealed envelope clearly marked as follows: BID MODIFICATION River Road Park and Recreation District Boiier Repiacement Project Bidder's Name BID WITHDRAWALS PRIOR TO CLOSING 1. Bids may be withdrawn in writing when submitted on Bidder's letterhead, signed by an authorized representative, and received by the Project Manager prior to Closing. 2. Bids may also be withdrawn in person before Closing upon presentation of appropriate identification and evidence of authorization to act for Bidder. Signature confirmation of withdrawal may also be required. BID CLOSING, OPENING AND FIRST-TIER SUBMITTAL 1. 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 Road Park and Recreation District Main Office, 1400 Lake Drive, Eugene, Oregon Late Bids shall not be considered, and at RRPRD's discretion, may be returned unopened to the Bidder. 2. No other materials shall be submitted with the Bid, except those specifically identified in this ITB, below. Bids received after the specified time and date will not be given further consideration. 3. The Bid must be prepared in writing, no oral, telegraphic, , facsimile or telephone Bids will be accepted. 4. Bidders shall submit THREE (3) copies of the Bid and at least one copy submitted by the Bidder must bear an original signature. Failure to submit 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 the proper identification and handling, all packages and envelopes shall be clearly marked as follows: SEALED BID ENCLOSED River Road Park and Recreation District Boiler Replacement Project Bidder's Name 6. RRPRD is not responsible for the proper identification and handling of Instructions for Procurement Page

13 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 is immediately after the deadline for submitting Bids, at River Road Park and Recreation District Main Office, 1400 Lake Drive, Eugene, OR Only the name of the Bidder(s) and the item{s) to be considered for award purposes will be read at the Opening. It is optional for Bidders to attend. Award decisions will not be made at Opening. Bids received after the date/time for Closing will not be considered for award. 8. A Bidder shall not make the Bid contingent upon RRPRD's acceptance of Specifications, Plans or Contract terms that conflict with or are in addition to 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 and Recreation District Main Office, 1400 Lake Drive, Eugene, OR 97404, the First-Tier Subcontractor Disclosure Form for subcontractors that: a. Will be furnishing labor or will be furnishing labor and materials in connection 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 a rejection 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 hours after Closing) c. Bid Bond Form d. Non Collusion Affidavit 2. Bids that do not contain the information requested may be rejected as non-responsive. Any information Bidder submits that is not required to be included on forms prescribed herein must be formatted in the manner called for in the ITB. I. INQUIRES 1. All questions and contacts with RRPRD regarding the Bid must be addressed in writing, via , to the Project Manager: RRPRD Project Manager Jack Heisel jackh@rrpark.org Instructions for Procurement Page

14 2. Statements made by the RRPRD Project Manager are not binding on RRPRD unless confirmed in writing via an Addendum. Addenda will be issued for significant clarifications that arise during the response period up to the final date of Addenda issuance. 3. Contact with other RRPRD staff without prior clearance from the Project Manager 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 not less 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 consider the Bid(s). If a Bidder agrees to such extension, the Bid shall continue as a firm Bid, irrevocable, valid and binding on the Bidder for the agreed-upon extension period. K. PROCESSING OF BIDS Neither the release of Bid security, nor acknowledgment that the selection process is complete shall operate as a representation by RRPRD that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial 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 seek information from Bidders to clarify the Bidder's Bid. In that event. Bidder must submitwritten and signed clarifications and such clarifications shall become part of the Bid. 2. RRPRD reserves the right to reject a Bid that does not comply with the prescribed public contracting procedures and requirements, including the requirement to demonstrate the Bidder's responsibility under ORS 279C.375 (3)(b), and that RRPRD may reject for good cause all Bids after finding 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 or presenting the Bid or during further evaluation stages. M. BID EVALUATION CRITERIA 1. Bids will be evaluated to identify the lowest responsive Bid submitted by a responsible Bidder and not otherwise disqualified (Refer to OAR ). Adjustments made to account for reciprocal preferences will be for Bid evaluation only. No such adjustments shall operate to amend Bidder's Bid or any Contract awarded pursuant thereto. 2. To be considered responsive, the Bidder must substantially comply in all material respects with applicable solicitation procedures and requirements in the Solicitation Documents. In making such evaluation, RRPRD may waive minor informalities and irregularities. Instructions for Procurement Page

15 3. Prior to award of the Contract, RRPRD will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in ORS (2)(b) and OAR In doing so. RRPRD may investigate the Bidder and request information in addition to that already required in the ITD, when, in RRPRD's sole discretion, RRPRD considers it necessary or advisable. 4. Awards shall be subject to the preference for products produced or manufactured in Oregon, if price, fitness, and quality and equal; and, solely for the purpose of evaluating Bids, RRPRD will add a percentage increase to the Bid of a non-resident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides. For example, ifthe Bidder is from a state that grants a ten (10) percent preference to local Bidders, RRPRD will add ten (10) percent to that Bidder's Bid price (OAR and ). 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 all protests, RRPRD will proceed with final award. RRPRD will award the Contract to the Responsible Bidder submitting the lowest responsive base Bid and selected alternates, if any. (If RRPRD receives only one Bid, RRPRD may dispense with the selection protest period and process with award of the Contract). 3. In accordance with ORS 279C.340, Contract Negotiations, RRPRD reserves the right to negotiate with the lowest Responsive Bidder should all 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 the selection of a competing Bidder shall have SEVEN (7) calendar days after notification of the selected Bidder to submit a written selection protest to the Project Manager. This written notification must be received by 5:00 p.m. of the last day of the SEVEN (7) calendar-day period. No protest against selection of a Contract or award of a Contract will be considered if received after the deadline established for submitting such protest. P. COMMENCEMENT OF WORK Contractor shall not commence Work under this Contract until the Notice to Proceed 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 the Bidders. 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 a Contract. These documents will be made a part of a file or record, which shall be Instructions for Procurement Page

16 open to public inspection after Bidder selection and award is announced. Ifa Bid contains any information that is considered a trade secret under ORS (2), Bidder must mark each sheet of such information with the following legend: "This data constitutes a trade secret under ORS (2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192." B. PUBLIC RECORDS LAW 1. Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only "unless the public interest requires disclosure in the particular instance." Therefore, non disclosure of RRPRD documents or any portion of a RRPRD document submitted as part of a Bid may depend upon official or judicial determination made pursuant to the Public Records Law. 2. In order to facilitate public inspection of the non-confidential portion of the Bid, material designated as confidential shall accompany the Bid, but shall be readily separable from it. Prices, makes, model or catalog numbers of items offered, scheduled delivery dates, and terms of payment shall be publicly available regardless of any designation to the contrary. Any Bid marked as a trade secret in its entirety will be considered 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 Bid to enter into a contract with any Bidder and, further, that RRPRD has absolutely no financial obligation to any Bidder arising from responding to this Bid. All Bidders who respond 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 in the ITB (including the terms and conditions contained in any attachments, exhibits or schedules to the ITB), and for following the instructions given. Bids that do not contain all the information requested may be rejected as non-responsive. PART 5 - Legal Certifications A. CONSTRUCTION CONTRACTORS BOARD (CCB) 1. Bidders shall be licensed with the State of Oregon Construction Contractors Board (CCB) prior to bidding on Public Improvements Contract(s). 2. All Subcontractors (as applicable) participating in the Project shall be similarly licensed and/or registered prior to the Bidder submitting its Bid. The CCB registration requirements apply to all public works contracts unless superseded by federal law. 3. Bidders shall provide their Construction Contractor's Board (ORS ) registration number on the Bid Form. Instructions for Procurement Page

17 B. ASBESTOS ABATEMENT LICENSING REQUIREMENTS (does not apply to this Contract) C. JOINT VENTURE / PARTNERSHIP DISCLOSURE The Bidder shall disclose on the Bid Form whether the Bid is submitted by either a partnership or joint venture. D. RESPONSIBILITY INQUIRY / CONTRACTOR REFERENCES RRPRD reserves the right, pursuant to OAR (2) to investigate, at any time prior to award and execution of the Contract, the apparent successful Bidder's responsibility to perform the Contract. Submission of a signed Bid shall constitute approval for RRPRD to obtain any information RRPRD deems necessary to conduct the evaluation. RRPRD shall notify the apparent successful Bidder, in writing, of any other documentation required, which may include, but is not limited to, recent profit-loss history: current balance statements; assets-toliabilities ratio, including number and amount of secured versus unsecured creditor 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 provide this information may result in Bid rejection. RRPRD may postpone the award of the Contract after announcement of the apparent successful Bidder in order to complete its investigation and evaluation. Failure of the apparent successful Bidder to demonstrate Responsibility, as required under OAR (2), shall render the Bidder non-responsible and shall constitute grounds for Bid rejection. E. RECYCLED PRODUCTS Contractor shall use recycled materials to the maximum extent economically feasible 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 has useful physical or chemical properties after serving a specific purpose and can, therefore be reused or recycled. F. RESIDENCY INFORMATION / FOREIGN CONTRACTOR 1. OAR (5) states "In determining the lowest Responsive Bid, the Contracting Agency shall, in accordance with OAR , add a percentage increase to the Bid of a nonresident Bidder equal to the percentage, ifany, of the preference given to that Bidder in the state in which the Bidder resides." "Resident Bidder" means a Bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Bid, has a business address in this State, and has stated in the Bid whether the Bidder is a "resident Bidder". (ORS 279A.120) "Non-resident Bidder" means a Bidder who is not a "resident Bidder" as defined above. (ORS 279A.120) 2. FOREIGN CONTRACTOR: When a public contract is awarded to a nonresident bidder and the contract price exceeds $10,000, the bidder shall promptly report to the Department of Revenue on forms to be provided by the department the total contract price, terms of payment, length of contract Instructions for Procurement Page GO 20 GO - 8

18 and such other information as the department may require before the bidder may receive final payment on the public contract. The Owner shall satisfy itself that the requirements of this subsection have been complied with 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 of perjury: "That I am authorized to act on behalf of the Contractor in this matter that I have authority and knowledge regarding the payment of taxes, and that Contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon tax laws" are those tax laws listed in ORS (4), namely ORS Chapters 118, 314, 316, 317, 318, 320, 321 and 323 and Sections 10 to 20, Chapter 533, Oregon Laws 1981, as amended by Chapter 16, Oregon Laws 1982 (first special session); the elderly rental assistance program under ORS to ; and any local tax laws administered by the Oregon Department of Revenue under ORS " H. CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS 1. Pursuant to OAR (1)(b)(B), the Bidder certifies by its signature on these solicitation document forms that it has a Qualifying Drug Testing Program in place for its employees that includes, at a minimum, the following: A written employee drug testing policy, (b) Required drug testing for all new Subject Employees or, alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and (c) Required testing of a Subject Employee when the Bidder has reasonable cause to believe the Subject Employee is under the influence of drugs. 2. A drug testing program that meets the above requirements will be deemed a "Qualifying Employee Drug Testing Program." An employee is a "Subject Employee" only ifthat 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 and warrant to RRPRD that its Qualifying Employee Drug Testing Program is in place and will continue in full force and effect for the duration of the Public Improvement Contract. RRPRD's performance obligation (which includes, without limitation, RRPRD's obligation to make payment) shall be contingent on Contractor's compliance with this representation and warranty. 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 a condition to Agency's performance obligation (which includes, without limitation, the Agency's obligation to make payment), it shall require each Subcontractor providing labor for the Project to: a. Demonstrate to the Contractor that it has a Qualifying Employee Drug Testing Program for the Subcontractor's Subject Instructions for Procurement Page

19 Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug Testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or b. Require that the Subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug Testing Program for the duration of the subcontract. I. CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION LAWS By signature to the Bid Form, the Bidder attests or affirms under penalty of perjury that: "I am authorized to act on behalf of Contractor in this matter, and to the to the best of my knowledge the Contractor has not discriminated against minority, women, emerging small business enterprises, or a business enterprise that is owned, controlled by, or that employs a disabled veteran in obtaining any required subcontracts, and that the Contractor is not in violation of any Discrimination 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 an amount equal to the full Contract price conditioned on the faithful performance of the Contract in accordance with Plans, Specifications, and Conditions of the Contract shall be promptly executed and delivered to RRPRD. B. INSURANCE Throughout the Project, the Bidder must have and maintain in force, at its own expense, all insurance, required by RRPRD, noted below: 1. Workers Compensation insurance in compliance with ORS All employers, including Contractor, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS Contractor shall ensure that each of its subcontractors complies with these requirements. Contact Willamalane Project Manager. 2. Commercial General Liability insurance, on an occurrence basis, with a combined single limit of not less than $2,000,000for each occurrence of bodily injury, personal injury and property damage. It shall include coverage for broad form contractual liability; broad form property damage; personal and advertising injury; owners and contractor protective; premises/operations; and products/completed operations. Coverage shall not 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 Bodily Injury and Property Damage, including coverage for owned, hired and non-owned vehicles. "Symbol One" coverage shall be designated. Instructions for Procurement Page GO

20 4. Notice of canceiiation or change. There shall be no cancellation, material change, reduction of limits or Intent not to renew the Insurance coverage(s) without 30 days written notice from the Contractor or its Insurer(s) to RRPRD. This notice provision shall be by endorsement physically attached to the certificate of Insurance. 5. Additional Insured. For general liability Insurance and automobile liability Insurance RRPRD, and Its agents, officers, and employees will be Additional Insureds, but only with respect to Contractor's services to be provided under this Contract. This coverage shall be by endorsement physically attached to the certificate of Insurance. 6. Builder's Risk Insurance. Contractor shall secure and maintain during the life of the Contract an All Risk or equivalent Builder's Risk Insurance Policy In an amount equal to the full value of the facility under construction, unless otherwise specified. Such Insurance shall Include coverage for the Contractor, Subcontractors of all tiers. Owner, Project Manager and Design Consultant, as their interests may appear. The Contractor Is responsible for payment of all deductlbles. 7. Certificates of Insurance. Contractor shall furnish Insurance certificates acceptable to RRPRD prior to commencing Work. The certificate will Include the deductible or retention level and required endorsements. Insuring companies or entitles are subject to RRPRD approval. If requested, copies of Insurance policies shall be provided to the RRPRD. Contractor shall be responsible for all deductlbles, self-insured retention's, and/or self-insurance. - END SECTION - Instructions for Procurement Page

21 River Road Park & Recreation District SECTION Project: Bid Closing: Bid Opening: RIVER ROAD PARK & RECREATION DISTRICT BID FORM RRPRD Boiler Replacement Project Tuesday, June 14, 2016, 2:00 PM Tuesday, June 14, 2016, 2:15 PM To: River Road Park & Recreation District Jack Heisel, Project Manager 1400 Lake Drive Eugene, OR From: Bidder: Date: Person Representing Bidder (Name): Address: Telephone: 1. Bidder's Bids. The undersigned Bidder, having full knowledge of the quality of the material and labor to be performed, hereby proposes to perform all labor and furnish all materials necessary to complete the project. The undersigned Bidder declares that Bidder has received and examined the Contract Documents, will contract with River Road Park & Recreation District ("RRPRD" or "Owner") to do everything requirement for fulfillment of the Contract 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 of RRPRD. 3. Acceptance of Documents. Bidder accepts all of the terms and conditions in, and agrees to be bound by the Invitation to Bid, Instructions to Bidders and documents attached thereto, including without limitation those dealing with the disposition of Bid security. 4. Addenda. Bidder has examined and carefully studied the Bid Documents, the other related data identified in the Bid Documents, and the following Addenda, receipt of which is hereby acknowledged. Bid Form Page

22 River Road Park & Recreation District 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 accompanying the Bid(s) will be deposited in escrow by RRPRD and that the amount thereof is the measure of liquidated damages which RRPRD will sustain by the failure of the Bidder to execute and deliver a signed Contract, Performance Bond, and Payment Bond within the required time. In the event the Bidder fails to execute and deliver the Contract, Performance Bond, or Payment Bond within the required time, the Bid Security may, in RRPRD's sole discretion, become the property of RRPRD. However, if RRPRD fails to accept the Bid within sixty (60) days of the time set for the opening of the Bids, or ifthe Bidder executes and timely delivers the Contract, Performance Bond 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 the Bid 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 is made without any connection or collusion with any person submitting another Bid on the Contract. b. The Bidder further declares that it has carefully examined the Contract Documents and that this Bid is made according to the provisions and under the terms of the Contract Documents, which documents are hereby made a part of this Bid. c. At the time Biddersubmits its Bid, Bidder and any subcontractor Bidder intends to use for the project, shall hold a valid, current professional license and/or certification as required by law for Bidder's and/or subcontractor's profession. Bidder must submit, with its Bid, a copy of its required licenses or certification. FAILURE TO COMPLY WITH THIS REQUIREMENT SHALL RESULT IN BID REJECTION. d. Bidder shall apply for and will meet all requirements for a permit(s) for the Project with 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 the Work. f. Bidder has carefully studied the Boiler Replacement Study, Specifications and Drawings in this ITB. g. Bidder is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, and performance of the Work. Bid Form Page

23 River Road Park & Recreation District h. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms 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, and the written resolution thereof by the Project Manager is acceptable to Bidder. j. The Bid Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. k. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; I. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false 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 other Bidder or over Owner; o. All required sales and use taxes are included in the stated Bid prices for the Work unless provision is made herein for the Bidder to separately itemize the estimated amount 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 to 3148 as applicable. 7. Contract Times. The Bidder agrees that the Work, and any stages and/or milestones specified in the Contract Documents, will be substantially complete and will be completed and ready forfinal payment in accordance with the General Conditions on or before the dates or within the number of calendar days indicated in the Contract. 8. Liquidated Damages. Bidder accepts the provisions in the Contract Documents as to Liquidated Damages. Bid Form Page GO

24 River Road Park & Recreation District 9. Contract Execution and Bonds. The Bidder agrees that ifthis Bid is accepted, it will, within 15 calendar days after Notice of Award is provided to Bidder, contract with RRPRD in the form of a contract prepared by RRPRD, and will at that time deliver to the Owner the required performance 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 all the materials necessary to complete the Work as specified in the Contract Documents. The surety requested to issue the Performance Bond and Payment Bond will be. The Bidder hereby authorizes said surety company to disclose any information to RRPRD concerning the Bidder's ability to supply a Performance Bond and Payment Bond each in the amount of the Contract. 10. Subcontractors. Bidderagrees 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 in the Instructions to Bidders and by State law, whom Bidder, if awarded contract, will name for performance of the categories of Work. 11. Bidder. Ifthe Bid is accepted. Bidder hereby agrees to contract with the Owner in the form of a Contract prepared by the Owner's Attorney to furnish the performance and payment bonds and the required evidence of the insurance within 15 calendardays after receiving written notice 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 of Oregon 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 of Work called for in the Contract Documents. Specifically, Bidder, has experience in the repair and replacement of boilers and associated equipment. Bidder has the manpower and resources to satisfactorily perform such Work; c. In compliance with the Worker's Compensation Law of the State of Oregon, its Worker's Compensation Insurance provider is Policy No., and that ifsuccessful, Bidder shall submit Certificates of Insurance as required; d. Bidder has a Qualifying Drug Testing Program for its employees pursuant to OAR (1)(b)(B). In addition. Bidder agrees to require all Subcontractors to have a Qualifying Employee Drug Testing Program for its employees at the time of subcontractor execution; e. Bidder has not discriminated against minority, women, emerging small business enterprises, or a business enterprise that is owned, controlled by, or that employs a disabled veteran in obtaining any required subcontractors, and that the Bidder is not in violation of any Discrimination Laws; f. Ifawarded the Contract, Bidder will comply with the provisions of ORS 279C.800 through 279C.970, or 40 U.S.C et seq. pertaining to the payment of prevailing rates of wage. Bid Form Page GO

25 River Road Park & Recreation District g. If awarded the Contract, Bidder will use recycled materials to the maximum extent economically feasible In the performance of the Work set forth in the Contract Documents. 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 useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled. h. Bidder is registered with the Oregon Construction Contractors Board at the time of the Bid in accordance with ORS to Bidder's CCB Registration Number is:. Failure to register and disclose the number will make the Bid unresponsive and it will be rejected, unless contrary to federal law. i. All subcontractors who perform construction work as described in ORS (2) were registered with the Construction Contractors Board in accordance with ORS [ to J at the time the subcontractor(s) made a Bid to work under the Contract. j. At the time Bidder submits its Bid, all subcontractors Bidder intends to use for the project hold valid, current professional licenses and/or certifications as required by law for subcontractor's profession. k. If awarded the Contract, and if the amount of the Contract exceeds ten thousand dollars ($10,000), and if Bidder is not domiciled in or registered to do business in the State, Bidder shall promptly provide to the Oregon Department of Revenue all information required by that Department relative to the Contract. RRPRD shall be entitled to withhold final payment under the Contract until this reporting requirement has been met; and I. Bidder attests or affirms under penalty of perjury: "That I am authorized to act on behalf of the Contractor in this matter that I have authority and knowledge regarding the payment of taxes, and that Contract is, to the best of my knowledge, not in violation of any Oregon tax laws. For purposes of this certification, "Oregon tax laws" are those tax laws listed in ORS (4), namely ORS Chapters 118, 314, 316, 318, 320, 321, and 323 sections 10 to 20, Chapter 533, Oregon Laws 1981, as amended by Chapter 16, Oregon Laws 1982 (first special session); the elderly rental assistance program under ORS to ; and any local tax laws administered by the Oregon Department of Revenue under ORS " 13. Resident Bidder. OAR (5) states, "In determining the lowest Responsive Bid, the Contracting Agency shall, in accordance with OAR , add a percentage increase to the Bid of a nonresident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides. "Resident Bidder" means a Bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Bid, has a business address in this State, and has stated in the Bid that the Bidder is a "Resident Bidder." (see ORS 279A.120). "Non-resident Bidder" 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: Bid Form Page

26 River Road Park & Recreation District ( ) Non-Resident Bidder. Bidder's state of residency: 14. Partnership or Joint Venture. If Bidder is, or intends to form, a partnership or joint venture 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 for purposes of Work on this Contract. IN WITNESS hereto the undersigned has set its hand this day of, 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 Bid Form Page

27 River Road Park & Recreation District SECTION 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 Road Park and Recreation District BoilerReplacement Project, said Bid Form, by reference thereto, being hereby made a part hereof. NOW, THEREFORE, ifthe Bid Form submitted by the Contractoris accepted and the Coritract awarded to the Contractor, and ifthe Contractorexecutes the proposed Contract and fumishes such Performance and Payment Bondsand evidence of insurance as required by the Contract Documents within the timefixed by the documents, then this obligation becomes void; if, inthe event the Contractor seeks to revoke its offerfor any reason not authorized by law and not consented to bythe Owner and if awarded the Contract and the Contractor fails, neglects, or refuses to enter into a contract to perform said Work and furnish said labor, equipment and/or material, and to furnish Performance and Payment Bonds and evidence of insurance as required within the time specified, then the amount herein stated will be declared to beforfeited and become due and payable to the Owner as liquidated damages. SIGNED, SEALED, AND DATED this day of, Contractor Address Phone Number Bid Bond Form Page

28 River Road Park & Recreation District 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 set forth in the first paragraph of the bond the names of allthe partners or the individual owning the business, and the bond must be executed by one of them. If the Contractor is a corporation, the bond must be executed by one ofthe officers authorized 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 by one ofthe Members and/or Managers authorized to execute bonds, showing itsofficial title and the seal of the corporation, if any. The bond must be executed by an Attomey-ln-Fact forthe surety company, showon the face thereof the Oregon agent for service, and bear the seal ofthe surety company. Where the bond Is executed by an agent, there must be included a certified copy ofthe authority ofthe agentto 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 of Oregon and thatis named onthe current list ofapproved surety companies acceptable on federal bonds as published in the Federal Register bythe audit staff. Bureau ofaccounts, United States Treasury Department. Bid Bond Form P

29 River Road Park & Recreation District SECTION NOTICE TO FIRST-TIER SUBCONTRACTORS Instructions for First-Tier SubcontractorDisclosure Bidders are required to disciose information about certain first-tier subcontractors (see ORB ). Specifically, when the contract amount of a first-tier subcontractor furnishing labor or 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 following information about that subcontract either in its Bid submission, or within two hours after Bid Closing: (A) The subcontractor's name; (B)The category of Work that the subcontractor would be performing; and (C) The dollarvalue of the subcontract. Ifthe Bidderwill not be using any subcontractors that are subject to the above disclosure requirements, the Bidderis required to indicate"none" on the accompanying form. RRPRD MUST REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION BY THE STATED DEADLINE (see OAR ). First-Tier Subcontractors Disclosure / Form Page

30 River Road Park & Recreation District FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM PROJECT NAME: BID#: River Road Park & Recreation District Boiler Replacement Project 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 advertised Bid closing date and within two working hours after the advertised Bid closing time. List below the name of each subcontractor that will be fumishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter "NONE" ifthere are no subcontractors 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. A nonresponsive bid will not be considered for award. Form Submitted By (Bidder Name): Contact Name: Phone Number First-Tier Subcontractors Disclosure / Form Page

31 River Road Park & Recreation District SECTION NGN COLLUSION AFFIDAVIT The undersigned states that this Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or Indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding, that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price or the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusiveor sham Bid. Signature of Affiant State of Oregon ) )ss. County of ) On. 2016,. personally Appeared before me, Public, Notary Personally known to me OR provided to me onthe basisofsatisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to methathe/she/they executed the same in his/her/their authorized capacity(ies), andthat by his/her/their signature(s) on the instrument the person(s), or the 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

32 River Road Park & Recreation District SECTION SUBSTITUTION REQUEST FORM TO: Jack Heisel Project Manager River Road Park & Recreation District 1400 Lake Drive Eugene, OR Emaii: SPECIFIED ITEM: Section Paragraph Description The undersigned requests consideration of the following: PROPOSED SUBSTITUTION: Attached data includes product descriptions, specifications, drawings, photographs, performance and test data adequate for evaluation of request including identification of applicable data portions. Attached data also includes description of changes to Contract Documents and proposed substitution requires for proper installation. The undersigned certifies following items, unless modified byattachments, are correct: 1. Proposed substitution does not affectdimensions shown on drawings. 2. Undersigned paysfor changes to building design, including engineering design, detailing, and construction costs caused by proposed substitution. 3. Proposed substitution has no adverseeffect onothertrades, construction schedule, or specified warranty requirements. 4. Maintenance and service partsavailable locally or readily obtainable for proposed substitution. Undersigned further certifies function, appearance, and quality of proposed substitution are equivalent to or superiorto specified item. Submitted bv: Sianature: For use by Engineer Approved Approved as noted. NotApproved Received too late Film: Bv: Address; Date: Date: Tel: Attachments: Fa*: For use by Project Manager Approved Approved as noted. NotApproved Received too late Bv: Date: Substitution Request Form Page

33 River Road Park & Recreation District SECTION CONTRACT This Contract, made and entered into by and between River Road Park & Recreation District, 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 covenants and agreements herein contained, hereby agrees at its own proper cost and expense to do all 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 the Contractor, dated the day of, 201, all in full compliance with the Contract Documents referred to herein. The BIDDING REQUIREMENTS, including the signed copy of the Bid Form, the CONTRACT FORMS, the GENERAL CONDITIONS, the SPECIFICATIONS, DRAWINGS, and ADDENDA, are hereby referred to and by reference made a part of this Contract as fully and completely as if the same were fully set forth herein and are mutually cooperative therewith. 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 in accordance with the Contract Documents, or as otherwise herein provided, and to make such payments inthe manner and at the times provided inthe Contract Documents. CONTRACT TIMES The Contractor agrees to complete the Work in the manner described and within the time specified below. The Contractor agrees to accept as full payment hereunder the amounts computed as determined by the Contract Documents and based on the said Bid The Work shall be Substantially Completed on or before September 14, The Work shall be completed in ali respects and ready for finai payment in accordance with 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 the Bidder's failure to timely perform its obligations under this Contract and within the time noted above are difficult, if not impossible, to ascertain. The Bidder also agrees that liquidated damages in the amounts shown below are reasonable in light ofthe anticipated or actual harm which may be caused by the delay, the difficulties of proving loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy for delay. Such liquidated damages shall not bethe exclusive remedy of the Owner, but shall be in addition to any other remedies Owner may have for breach ofthis Contract and shall be in addition to any actual provable damages, other than for delay, sustained by Owner by reason of a breach of this Contract by the Bidder. Saturdays, Sundays and any other Oregon legal holidays shall be included in determining days in default. Contract Page