PROPOSAL DOCUMENTS FOR

PORTABLE RESTROOMS

PROPOSALS DUE: March 31, 2016

2:00 P.M. AT THE DISTRICT OFFICE
799 SW Columbia Street, BEND, OR 97702

PROJECT NUMBER 2016-01

CONTRACT ADMINISTRATOR
DAVID L. CROWTHER, 541-706-6102
dave@bendparksandrec.org
 Index to Contract Documents

Request for Proposal ........................................................................................... 1-1

Information for Proposers .................................................................................... 2-1

Proposal ............................................................................................................... 3-1

Contract ............................................................................................................... 4-1

Exhibits A & B .................................................................................................... 5-1

 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,
2016. 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) 706-6102. 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 137-046-0310, 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

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 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 137-047-0650.

4. PREPARATION OF PROPOSALS.
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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 35 points

Second Lowest 30 points
Third Lowest 25 points
Fourth Lowest 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.

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Proposals may be withdrawn prior to the scheduled time for the opening of the Proposals
either by telephone, email, 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 137-047-0440.

7. 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 137-047-0640(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
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 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 137-047-0730.

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 137-047-0730.

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 137-
047-0740.

12. 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 541-
706-6102.

INFORMATION FOR PROPOSERS

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 PROPOSAL FORM

TO: BUSINESS MANAGER

Project Name: Portable restrooms
Bend Park and Recreation District
799 SW Columbia Street
Bend, Oregon 97702

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.

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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: ________________________________________________________
Email 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.]

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All communications concerning this Proposal and with the Contract will be sent to Proposer at
the above address, fax number or e-mail 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
____________, 2016.

________________________________________________________________________
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
_____________, 2016.

Name of Corporation: __________________________________

By: ________________________________________________

Title:_______________________________________________

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 CONTRACT

THIS AGREEMENT made as of the ___ day of __________, 2016 between

“District”:
Bend Park and Recreation District
799 SW Columbia Street
Bend, Oregon 97702
541-706-6100

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.

TERMS AND CONDITIONS

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1. SUPPLIES, SERVICE AND EQUIPMENT PROVIDED.

Contractor shall furnish to District the following supplies, service and equipment:

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.

SEE EXHIBITS “A” and “B”

4. PAYMENTS.

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.
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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.
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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 six-
hour 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, sub-
subcontractors, 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
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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 656.017, 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.

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 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 20 10 11 85 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 30.140; 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
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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:

(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
316.167.

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 656.017, or is an exempt employer under ORS 656.126.

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.

CONTRACT
4-8
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 CONTRACTOR
Bend Park & Recreation District

By: ___________________________ By: ________________________________

Its: Executive Director Its: ________________________________

Date: _________________________ Date: _______________________________

CONTRACT
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 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 74 25 99
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
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 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.

Daily Rate Weekly Rate Monthly Rate Annual Rate Special Event
Daily Rate

Standard Unit

Accessible Unit

Sink Station

Holding Tank

Extra Service N/A N/A N/A

EXHIBITS A & B
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