FINAL Invitation to Bid.pdf

SUNRIVER SERVICE DISTRICT

INVITATION TO BID

Contractors are invited to bid on the Sunriver Service District Drywell Project (Project).

The Project generally consists of removing and repaving the driveway apron; installing a storm drain catch basin, sedimentation manhole, drywell, rock gallery, and associated piping; performing infiltration testing of the drywell prior to subgrade and asphalt completion; and proof rolling the subgrade before and after crushed aggregate placement. Final Project scope will reflect final plans and design. Sealed bids must be received on or before 3 p.m., Wednesday, July 1, 2026. Complete bids must be received by the Sunriver Service District (District), addressed as follows by the closing date and time, or they will be rejected as non-responsive:

Sunriver Service District Bill Boos Fire Chief 57475 Abbot Drive PO Box 2108 Sunriver, OR 97707

Bids will be publicly opened immediately following this closing.

This contract is for a public work subject to ORS 279C.800 to 279C.870, relating to the payment of prevailing wages.

No prequalification will be required for this Project.

The terms, conditions and specifications for this Project (Project Documents) may be examined at the District at the address listed above, between the hours of 10 a.m. to 3 p.m., Monday through Friday until Closing. The Project Documents will be available at the District for $10, by contacting Sunriver Service District, Heather McGuire at heatherm@sunriversdor.gov (541) 593-8622, and are downloadable from the District website at https://www.sunriversdor.gov/ from the date of this Notice until Closing.

Bill Boos Fire Chief mailto:heatherm@sunriversdor.gov https://www.sunriversdor.gov/

INVITATION TO BID Page 1

INSTRUCTIONS TO BIDDERS

Bids will be received by Sunriver Service District (hereinafter called “District”) on or before 3:00 p.m., Pacific Daylight Time, Wednesday, July 1, 2026. Complete bids must be received and addressed, as follows by the closing date and time, or they will be rejected as non-responsive:

Sunriver Service District Bill Boos Fire Chief 57475 Abbot Drive PO Box 2108 Sunriver, OR 97707

Bids will be publicly opened immediately following this closing.

Each bid must be submitted in an opaque, sealed envelope, addressed to Bill Boos, Fire Chief, Sunriver Service District, at the above address. Each bid must be plainly marked on the outside of the envelope with the name of the bidder, the District’s address and “Sunriver Service District Drywell Project.” Bids not so marked may be disqualified. If forwarded by mail, the sealed envelope containing the bid must be contained in another envelope addressed to the District at the address listed above.

Faxed or electronically submitted bids shall be refused as non-responsive.

This contract is for a public work subject to ORS 279C.800 to 279C.870 relating to the payment of prevailing wages.

No prequalification will be required for this Project.

Contract terms, conditions and Project specifications for this Project (Project Documents) may be examined at District’s Office located at the address listed above, or downloaded from the District website at https://www.sunriversdor.gov/. Copies of the Project Documents may be obtained the District’s Office located at the address listed above.

All bids must be submitted on the required bid form. All blank spaces for bid prices must be completed in ink and the bid form must be fully completed and executed when submitted. Only one copy of the bid form is required. To be considered, each bid must be accompanied by a bid bond or certified check in the amount of 10% of the bid.

Contractor must comply with all federal, state, and local laws or regulations dealing with the prevention of environmental pollution and preservation of natural resources that affect the performance of the Contract.

INVITATION TO BID Page 2

1. Non-Compliant Bids

The District may reject any bid not in compliance with all prescribed public bidding procedures and requirements. Any bid failing to certify compliance with ORS 279C.800 to 279C.870 et seq. will not be received or considered by District. All bids must identify whether the bidder is a resident bidder as defined in ORS 279A.120. The District may reject any and all bids or terminate this Invitation to Bid upon a finding that it is in the public interest to do so. Any bid may be withdrawn prior to the above scheduled time for the opening of bids, or any authorized postponement per Oregon Administrative Rule (OAR) 137-049-0320. Any bid received after the closing time and date specified above shall not be considered. No bidder may withdraw a bid within forty (40) days after the actual date of the bid opening. Should there be reasons why the contract cannot be awarded within the specified time, the time may be extended by mutual agreement between the District and the bidder.

2. Bidder Responsibilities

Before submitting a bid, each bidder must:

(a) Examine the contract documents thoroughly;

(b) Visit the site, so that the bidder may familiarize itself with local conditions which may, in any manner, affect cost progress, or performance of the Work;

(c) Be familiar with state, federal, and local laws, ordinances, rules and regulations which may, in any manner, affect cost, progress or performance of the Work; and

(d) Study and carefully correlate bidder's observations with the contract documents.

3. Instructions for First-Tier Subcontractor Disclosure

Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is greater than $100,000 (see ORS 279C.370). 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 dollar value of the subcontract.

If the bidder will not be using any subcontractors that are subject to the above disclosure requirements, the bidder is required to indicate “NONE” on the accompanying form.

INVITATION TO BID Page 3

THE CONTRACTING AGENCY MUST REJECT A BID IF THE BIDDER FAILS TO

SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION BY THE STATED

DEADLINE (see, OAR 137-049-0360).

4. The Importance of Bids and Contract Documents

The submission of a bid will constitute an incontrovertible representation by the bidder:

(1) of bidder’s intent to be bound by the attached contract documents; (2) that the bidder has complied with each of the requirements within these bid documents; and (3) that the contract documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. The plans for the Project will not provide bidders a delineated description of Protective Root Zone (PRZ); but Awardee shall scrupulously follow these boundaries and not encroach upon, in any manner the PRZ.

The contract documents contain the provisions required for the construction of the Project. Information obtained from an officer, agent, or employee of the District or any other person is not binding upon the District and shall not affect the risks or obligations assumed by the Contractor or relieve Contractor from fulfilling any conditions of this solicitation or the contract, once executed, unless confirmed by written addendum or contract amendment.

5. Requests for Clarification/Addenda

All questions about the meaning or intent of the contract documents shall be submitted to the District representative in writing. If merited, replies may be issued by addendum posted on the District’s website at https://www.sunriversdor.gov/, per OAR 137-049- 0250. Requests for changes and clarifications shall be submitted in accordance with OAR 137-049-0260. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6. Performance and Payment Bonds

A performance bond and a payment bond, in the forms attached, each in the amount of 100% of the contract price, with a corporate surety approved by the District, will be required for the faithful performance of the contract. Attorneys in fact who sign bid bonds or payment bonds and performance bonds must file with each bond a certified and effective dated copy of their Power of Attorney. All bonding companies must be authorized to do business in the State of Oregon.

7. District Investigation of Bidder

The District may make such investigations as deemed necessary to determine the ability of the bidder to perform work. In determining the lowest responsible bidder, District shall check the list created by the Construction Contractors Board under ORS 701.227 for bidders who are not qualified to hold a public improvement contract and determine whether the bidder has met the standards of responsibility. District shall

INVITATION TO BID Page 4 also consider the following factors and may disqualify any person as a bidder if it finds the bidder:

(a) Does not have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities;

(b) Does not hold a current license that a contractor operating in Oregon must hold in order to undertake or perform Project Work;

(c) Is not covered by liability insurance or other insurance in required amounts;

(d) Does not qualify as a carrier insured employer or a self-insured employer under ORS 656.407 or has not elected coverage under ORS 656.128;

(e) Failed to provide a First-Tier Subcontractor Disclosure Form, if required under ORS 279C.370;

(f) Does not have a satisfactory record of performance. The District shall document the record of performance of a bidder if the District finds the bidder not to be responsible under this paragraph (f);

(g) Does not have a satisfactory record of integrity. The District shall document the record of integrity of a bidder if the District finds the bidder not to be responsible under this paragraph (g);

(h) Is not qualified legally to contract with the District; or

(i) Has not supplied all necessary information in connection with the inquiry concerning responsibility.

Each bidder shall promptly supply information as requested by the District pursuant to such investigation. If a bidder fails to promptly supply information requested by the District concerning responsibility, the District shall base the determination of responsibility upon any available information, or may find the bidder not to be responsible. Failure to supply such information may be grounds for disqualification.

8. Registration and Licenses

No bid for a construction contract shall be received or considered by the District unless the bidder is registered and in good standing with the Construction Contractors Board or licensed and in good standing with the State Landscape Contractors Board, as required by ORS 671.530. Bidders need not be licensed to work with asbestos, under ORS 468A.720.

9. Protests

Award and solicitation protests shall be submitted in accordance with OAR 137-049- 0260(3) and OAR 137-049-0450(4), respectively.

INVITATION TO BID Page 5

10. Process

At least seven (7) days prior to final award, all bidders will receive the District’s Notice of Intent to Award issued via email. The District anticipates final Contract award on or before July 20, 2026.

The bidder to whom the contract is awarded will be required to execute the Contract and within ten (10) calendar days from the date when Notice of Award is delivered to the bidder. Submittal of a bid indicates bidder’s intent to be bound to all terms and conditions of the attached Contract. The Notice of Award shall be accompanied by the necessary Contract and bond forms. In case of a failure of the bidder to execute the Contract, the District may, at its option, consider the bidder in default in which case the bid bond accompanying the bid shall become the property of the District.

The District, within ten (10) days of receipt of the required agreements signed by the successful bidder, including proof of insurance as required by the contract documents, shall sign and return to the successful bidder an executed duplicate of the Contract and notice to proceed. If the 10-day notice to proceed has not been issued within the 10-day period, or within a period mutually agreed upon, the Contractor may terminate the Contract without further liability on the party of either party. Such termination shall be by written notices and will be effective upon receipt by the District.

The award will be made to the lowest responsible bidder. The Contractor shall submit to the District representative by the last calendar day of each month a partial payment estimate for work performed during the prior pay period. The cutoff date for work performed shall be the 26th day of the month in which a payment estimate is submitted.

The District will approve and authorize payment of partial payment estimates approved by the District representative at its regular monthly District Board meeting.

INVITATION TO BID Page 6

BID FORM

Sunriver Service District Sunriver Service District Drywell Project (Project) Sunriver, Oregon 97707

This bid is submitted to the Sunriver Service District, 57475 Abbott Drive, PO Box 2108, Sunriver, OR 97707.

1. The undersigned bidder proposes and agrees, if this bid is accepted, to enter into a Construction Contract with the District in the form included in the contract documents and to complete all work as specified or indicated in the contract documents for the contract price and within the contract time indicated in this bid and in accordance with the contract documents.

2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation, those dealing with disposition of bid security. This bid may not be amended or withdrawn and is subject to acceptance for forty (40) days after the date of bid opening. The successful bidder will sign the Construction Contract included as part of the bid packet and submit other documents required by the contract documents within ten (10) days after the date of District’s Notice of Award.

3. In submitting this bid, bidder represents as more fully set forth in the Construction Contract, that:

(a) Bidder has examined copies of the contract documents and the following addenda:

Date: Number:

Date: Number:

Date: Number:

Date: Number:

and also copies of the advertisement or Invitation to Bid and Instructions to Bidders;

(b) Bidder has examined the site and locality where the Work is to be performed, the applicable legal requirements (federal, state, and local, ordinances, rules, and regulations) and the conditions affecting cost, progress, or performance of work, and has made such independent investigation as bidder deems necessary;

(c) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, INVITATION TO BID Page 7 organization, or corporation; bidder has not directly or indirectly induced or solicited any other bidder to submit a false or sham bid; bidder has not solicited or induced any person, firm, or corporation to refrain from bidding; and bidder has not sought by collusion to obtain for himself any advantage over any other bidder or the District;

(d) The District does not have to award any contract based on the bids submitted. Any award which the District makes will be on the basis of the lowest responsible bidder.

4. Bidder will complete the Project for the following price: $ Additional costs for add alternate #6 on project document sheet 1.0.

5. Bidder agrees to prepare the site and perform the labor and provide the materials necessary to complete the construction Project which will be substantially completed in accordance with the plans and specifications attached hereto within 60 days of the receipt of the Notice to Proceed.

6. Bidder acknowledges that bidder has reviewed the provisions of the Construction Contract.

7. The following documents are attached to and made a condition to the bid:

(a) First-Tier Subcontractor Disclosure Form (attached to the bid or submitted to the District within two (2) hours after bid closing).

8. Bidder agrees and certifies as follows:

(a) The provisions of ORS 279C.800 et seq., relating to the prevailing wage rates, will be complied with;

(b) Bidder is a resident of the State of ______________ as defined in ORS 279A.120;

(c) The provisions of ORS 305.385 relating to Oregon tax laws will be complied with;

(d) Bidder has not and will not discriminate against minorities, women or emerging small business enterprises in obtaining any subcontracts required under this Contract, or against a business enterprise owner controlled by, or that employs, a veteran as defined in ORS 408.225;

(e) All employers, including bidder, that employ subject workers who work under the Construction Contract shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage unless such employers are exempt under ORS 656.126. Bidder shall ensure that each of its subcontractors complies with these requirements;

(f) Bidder is registered and in good standing with the Construction Contractors Board in accordance with ORS 701.035 to 701.055;

(g) All subcontractors performing work as described in ORS 701.005(2) will be registered with the Construction Contractors Board in accordance with

INVITATION TO BID Page 8

ORS 701.035 to 701.055 before the subcontractors commence work under the contract.

9. Communications concerning this bid shall be addressed to:

Bidder:

Submitted this day of , 2026.

(Corporate Name) (Company Name) (Corporate Seal, if any)

By:

(Name of person authorized to

Sign, or Title) Business Address:

Phone:( ) State of Incorporation:

Oregon Contractor Board No.:

ATTEST:

Secretary of bidding corporation

INVITATION TO BID Page 9

NOTICE OF INTENT TO AWARD

Sunriver Service District Invitation to Bid Sunriver Service District Drywell Project (Project)

To all Bidders:

Based on responses to the recent Invitation to Bid and other information obtained from third-party sources, ____________ has been identified as the lowest responsible, responsive bidder to contract with Sunriver Service District for the above-referenced Project. Protests regarding this intended award will be received by Bill Boos, Fire Chief, Sunriver Service District, 57475 Abbott Drive, PO Box 2108, Sunriver, OR 97707, until ______________, 2026. Award will become final on _____________, 2026 or once the District responds to all timely filed protests and affirms the award, whichever is later.

It is the District’s intent to begin negotiations and enter into a contract for these services with ____________, by _______, 2026. The District would like to finalize the contract no later than _______, _____, 2026, with approval by the District Board on ______, ____, 2026. The contract terms, specifications and conditions were included with the

ITB.

If you have any questions, please feel free to call me at (541) 593-8622.

Sincerely, SUNRIVER SERVICE DISTRICT

By: Bill Boos, Fire Chief

INVITATION TO BID Page 10

NOTICE OF AWARD

To:

PROJECT description: Sunriver Service District (District) Sunriver Service District Drywell Project (Project)

The District has considered the bid submitted by (Contractor) for the above-described Project in response to its advertisement for bids dated [weekday], _____________, 2026, and Instructions to Bidders.

Contractor is hereby notified that its bid in the amount of (amount in written form) ($ ) has been accepted by the District.

Contractor is required by the Instructions to Bidders to execute the Construction Contract and certificates of insurance within ten (10) calendar days from the date of this notice.

Please return an acknowledged copy of this Notice to Award to District.

DATED this day of , 2026.

SUNRIVER SERVICE DISTRICT

By: ___

ACCEPTANCE OF AWARD

Receipt of the above Notice of Award is hereby acknowledged by on this day of , 2026.

By:

Title:

INVITATION TO BID Page 11

NOTICE TO PROCEED

TO: Date:

Sunriver Service District (District) Sunriver Service District Drywell Project (Project)

(Contractor) is hereby notified to commence Project in accordance with the Construction Contract dated , 2026, on or before , 2026, and Contractor is to complete the Work on the Project within ____ consecutive calendar days thereafter. The date of final completion for all work is , 2026.

Please return an acknowledged copy of this Notice to Proceed to District.

SUNRIVER SERVICE DISTRICT

By: ___

ACCEPTANCE OF NOTICE TO PROCEED

Receipt of the above Notice to Proceed is hereby acknowledged by on this day of , 2026.

By:

Title:

INVITATION TO BID Page 12

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

SUNRIVER SERVICE DISTRICT, SUNRIVER, OREGON

DRYWELL PROJECT

BIDS DUE: July 1, 2026, at 3:00 PM FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM DUE: July 1, 2026, at 5:00 PM

Submitted by:

Address:

Date: Phone:

For projects with a contract value of more than $100,000, this form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing date within two

(2) working hours after the advertised bid closing time.

List below, the “Name,” “Dollar Value,” and “Category of Work” of each subcontractor that:

A. Will be furnishing labor or will be furnishing labor and materials in connection with the public improvement; and B. Will have a contract value that is equal to or greater than five percent (5%) of the total project bid, but at least $15,000, whichever is greater.

Enter “NONE” if there are no subcontractors that need to be disclosed. Attach additional sheets as needed.

SUBCONTRACTOR DOLLAR VALUE CATEGORY OF OR CCB NUMBER*

*Per ORS 701.005(5)(a), ORS 701.021(1) and ORS 701.026(1), any contractor or subcontractor must be licensed through the Oregon Construction Contractor Board (CCB) in order to “undertake, offer to undertake, or submit a bid to do work” in the State of Oregon. Contractor registration “at the time the offer is made” is a matter of bid responsiveness under OAR 137-049-0230(1).

FAILURE TO SUBMIT THIS FORM BY THE DISCLOSURE DEADLINE WILL RESULT

IN A NONRESPONSIVE BID. A NONRESPONSIVE BID WILL NOT BE CONSIDERED

FOR AWARD.

NOTE: Faxed copies of this form will not be accepted. For more information, please see the “Bidder’s Checklist” and the “Instructions to Bidders.”

INVITATION TO BID Page 13

CONTRACT

THIS CONTRACT is made this day of , 2026, by and between the Sunriver Service District, hereinafter called Owner, and , hereinafter called Contractor, in consideration of mutual covenants hereinafter set forth, the Parties agree as follows:

1. Work. Contractor shall complete all work as specified in the Contract Documents and in accordance with the documents and drawings provided for the project known as the Sunriver Service District Drywell Project (Project), including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, incorporating donated labor and materials, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract.

2. Materials. Contractor will furnish all materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein.

3. Contract Time. The work will commence within ten (10) calendar days after the date of the Notice to Proceed and will be completed by the Contractor and accepted by the Owner no later than ______________, 20___, unless the period for completion is extended otherwise by the contract documents or by written agreement of the parties.

4. Contract Price. Owner shall pay Contractor for performance of the Work in accordance with the documents a total maximum amount of $ , as shown in Contractor’s bid.

5. Liquidated Damages. Owner and Contractor acknowledge and agree that if completion of the Work is not achieved by the contract time for such completion, the amount of Owner’s actual loss of use damages will be difficult and impractical, or impossible to determine. Accordingly, the parties agree that if the Project is not completed by the agreed upon date, as adjusted pursuant to the contract documents, the Contractor shall pay to Owner the sum of Twenty-Five Dollars ($25) for each partial or full day of delay beyond the completion deadline, as liquidated damages for the loss of use of the Project.

The parties further acknowledge and agree that the daily sum for liquidated damages to be paid, as set forth above, is reasonable and that the payment of such liquidated damages is not intended nor constitutes a penalty or forfeiture.

The parties further acknowledge that these liquidated damages are meant to reimburse the Owner only for loss of use delay damages and that Owner

INVITATION TO BID Page 14 reserves the right to claim other types of damages against Contractor including but not limited to actual delay damages.

6. Progress Payments. Owner shall make progress payments on account of the contract price on the basis of the Contractor's application for payment as approved by the Owner on or about the last day of each month during construction as provided herein. All progress payments shall be on the basis of progress of the Work measured by the schedule of values provided for in Section 19 of the General Conditions. Unless the Contractor submits security as permitted by, and which complies with, ORS 279C.560 and 701.435 for all or a portion of the retainage required herein, prior to substantial completion, progress payments will be an amount equal to not more than 95% of the work completed and 95% of the materials and equipment not incorporated in the work, but delivered and suitably stored, less in each case the aggregate of payments previously made. Upon substantial completion, the Owner shall pay an amount sufficient to increase total payments to Contractor to 95% of the contract price, less such amounts as the Owner shall determine in accordance with Section 19 of the General Conditions. Final payment shall be upon final completion and acceptance of the work.

7. Contract Documents. The term “contract documents” means and includes the following:

(a) Invitation to Bid;

(b) Instructions to Bidders;

(c) Bid;

(d) Bid Bond;

(e) Construction Contract;

(f) First-Tier Subcontractor Disclosure Form

(g) Oregon Prevailing Wage Rates;

(h) General Conditions (Exhibit A);

(i) Payment Bond;

(j) Performance Bond;

(k) Notice of Intent to Award;

(l) Notice to Proceed;

(m) Drawings and Specifications attached;

(n) Change Orders;

(o) Addenda; Number: Dated:

(p) Proof of Insurance

In the event of a conflict, the terms of this Contract and General Conditions will prevail, followed by Contract Documents (o), (n), (m), (k), (l), (g), (f), (p), (i), (j), (a), (b), (c), and (d), in that order.

8. Contractor’s Representations. In order to induce Owner to enter into this Contract, Contractor makes the following representations:

INVITATION TO BID Page 15

(a) Contractor has familiarized itself with the nature and extent of the contract documents, work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations which, in any manner, may affect cost, progress, or performance of the Work;

(b) Contractor has studied carefully all reports, investigations, and tests of subsurface and latent physical conditions at the site affecting cost, progress, or performance of work which were relied upon in the preparation of the drawings and specifications;

(c) Contractor has made or has caused to be made examinations, investigations, tests and studies of reports and related data, in addition to those referred to in Section 8(b), above, which Contractor deems necessary for the performance of the Work, determination of the contract price, and completion of the Project within the contract time in accordance with the other terms and conditions of the contract documents. No additional examinations, investigations, tests, reports, or similar data are or will be required by Contractor for such purposes;

(d) Contractor has reconciled the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the contract documents; and

(e) Contractor has given the Owner's representative written notice of all conflicts, errors or discrepancies which it has discovered in the contract documents and the written resolution thereof by the Owner’s representative is acceptable to the Contractor.

9. Miscellaneous.

(a) No assignment by a party hereto of any rights under or interests in the contract documents will be binding on another party to this contract without the written consent of the parties sought to be bound; and specifically but without limitation, monies which may become due and monies which are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the contract documents.

(b) This Contract shall be binding upon all parties to the contract and their respective partners, successor, heirs, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the contractual documents.

(c) The Contractor acknowledges that for all purposes related to the Contract, the Contractor is and shall be deemed to be an independent contractor and not an employee of the Owner, shall not be entitled to benefits of any kind to which an

INVITATION TO BID Page 16 employee of the Owner is entitled and shall be solely responsible for all payments and taxes required by law; and furthermore in the event that the Contractor is found by a court of law or an administrative agency to be an entitled employee of the Owner for any purposes, the Owner shall be entitled to repayment of any amounts from Contractor under the terms of the Contract; to the full extent of any benefits or other remuneration the Contractor receives (from the Owner or third party) as a result of said finding and to the full extent of any payments that the Owner is required to make (to the Contractor or to the third party) as a result of said finding.

THIS CONTRACT is effective on the day of , 2026.

OWNER: CONTRACTOR:

By: By:

Address for giving notices: Address for giving notices:

ATTEST: ATTEST:

Agent for Service of Process License #

INVITATION TO BID Page 17

GENERAL CONDITIONS

Section 1. Definitions. Whenever used in these General Conditions or in the other contract documents, the following terms have the meanings indicated which are applicable in both the singular and plural or masculine or feminine thereof:

1. Addenda. Written or graphic instruments issued prior to the execution of the Contract which modify or interpret the contract documents, drawings and specifications by additions, deletions, clarifications, or corrections.

2. Bid. The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

3. Change Order. A written order to the Contractor signed by the Owner authorizing an addition, deletion or revision in the Work, or an adjustment in the contract price or the contract time issued after the effective date of the Contract.

4. Contract Price. The total monies payable to the Contractor under the terms and conditions of the contract documents.

5. Contract Time. The number of calendar days stated in the contract documents for completion of the Work.

6. Contractor. The person, firm, or corporation with whom the Owner has executed the Contract.

7. Drawings. The part of the contract documents which show the characteristics and scope of the Work to be performed and are referred to in the contract documents.

8. Owner’s Representative. That person appointed by the District Board of the Owner to act as the Owner’s Representative in all matters relating to this contract.

9. Field Order. A written order issued by the Owner’s Representative which orders minor changes in Work not involving an adjustment in the contract price or an extension of the contract time.

10. Substantial Completion. The date certified by the Owner’s Representative when the construction of the Project or a specified part thereof is sufficiently completed in accordance with the contract documents so that the Project or a specified part can be utilized for purposes for which it is intended.

11. Subcontractor. An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site.

INVITATION TO BID Page 18

12. Supplier. Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design but who does not perform labor at the site.

13. Work. All labor necessary to produce the construction required by the contract documents and all materials and equipment incorporated or to be incorporated in the Project.

14. Written Notice. Any notice to any party to the Contract, or relative to any part of this Contract, in writing is considered delivered and service completed when posted by certified mail or registered mail to the party at the party’s last given address as shown on the Contract, or when delivered in person to the party or the party’s authorized representative on the worksite.

Section 2. Preliminary Matters.

1. Copies of Documents. Owner shall furnish to Contractor up to three (3) copies of the contract documents. Additional copies will be furnished upon request at the cost of reproduction.

2. Commencement of Contract Time. The contract time will commence to run on the day indicated in the Notice to Proceed.

3. Insurance. Contractor shall maintain insurance in at least the following limits and coverages in full force and effect throughout the term of this Contract:

(a) Comprehensive Commercial General Liability Insurance. Insurance shall cover Bodily Injury and Property Damage on an “occurrence” form (1996 ISO or equivalent) basis. This coverage shall include Contractual Liability insurance for the indemnity provided under this contract.

Coverage Limit

• General Aggregate $4,000,000

• Each Occurrence $2,000,000

(b) Commercial Automobile Insurance. Insurance shall cover all owned, hired, and non-owned vehicles with a Combined Single Limit per occurrence of not less than $2,000,000.

(c) Workers’ Compensation Insurance. Contractor, its subcontractors, if any, and all employers providing work, labor or materials under this Contract shall comply with ORS 656.017, which requires subject employers to provide coverage that satisfies Oregon law for all subject workers or employers. Out-of-state employers must provide Oregon workers’ compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of

INVITATION TO BID Page 19 any employee need not obtain such coverage. The employer’s liability limit shall not be less than $1,000,000 per occurrence.

(d) Builder’s All Risk Insurance. The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s risk “all-risk” or equivalent policy form to cover the course of construction in the amount of the initial Contract Sum, less costs of clearing, preparation and excavation of the site under this Contract, plus the value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than Owner has an insurable interest in the property required by this Section to be covered, whichever is later. This insurance shall include interests of Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project. Each loss may be subject to a deductible. Losses up to the deductible amount or otherwise not covered by insurance shall be the responsibility of the Contractor. The policy shall be endorsed to allow complete or partial occupancy by Owner before or after Substantial Completion without the insurer's approval.

All required insurance shall:

(a) Name Owner, its officers, directors, employees, and volunteers as additional insureds with respect to this contract.

(b) Cover all activities of the Contractor arising directly or indirectly out of Contractor’s work performed hereunder, including the operations of its subcontractors, if any.

(c) Be underwritten by an insurance company deemed acceptable by Owner. Owner reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating.

Contractor shall furnish Owner with Certificates of Insurance and additional insured addendums evidencing all above required coverages and referencing this Contract with Contractor’s executed Contract and prior to commencing any Work hereunder. This Contract shall not be in effect unless and until Owner has received and approved all required Certificates. Renewal Certificates will be sent to Owner no less than 10 days before coverage expiration.

Failure to procure any required insurance shall not limit Contractor’s liability under this Contract, and Contractor shall remain responsible to indemnify, defend and hold Owner harmless for all damage, injury, or loss caused by Contractor’s negligence or neglect in performing hereunder pursuant to General Conditions, Section 19(6).

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4. Owner Insurance. The Owner shall be responsible for purchasing and maintaining its own liability insurance. All other risk of loss at the Work site shall be borne by Contractor until acceptance of Project by Owner.

5. Subrogation Waiver. Contractor waives all rights against Owner and its agents and employees for damages caused by fire or other perils to the extent covered by insurance provided in the above paragraph. The Contractor shall require similar written waivers from each subcontractor and each such waiver shall be in favor of Owner.

Section 3. Contract Documents.

1. The contract documents comprise the entire agreement between Owner and Contractor concerning the Work. They may be altered only by written modification.

2. The contract documents are complementary; what is called for by one is binding as if called for by all. If, during the performance of the Work, Contractor finds a conflict, error or discrepancy in the contract documents, Contractor shall report it to the Owner’s Representative in writing at once and before proceeding with the Work affected by the conflict.

3. It is the intent of the specifications and Drawings to describe the complete Project to be constructed in accordance with the contract documents. Any Work which may reasonably be inferred from the specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials, or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual or code in effect at the time of the opening of the bid, except as may be otherwise specifically stated. However, no provision of any reference, standard, specification, manual or code shall change the duties and responsibilities of the Owner, Contractor, or any of their agents or employees from those set forth in the contract documents.

Clarifications and interpretations of the contract documents shall be issued by the Owner’s Representative.

4. Re-use of Documents. Neither Contractor nor any Subcontractor, manufacturer, fabricator, Supplier, or distributor shall have or acquire any title to or ownership rights in any of the Drawings, specifications, or other documents which are a part of this contract. They may not be reused by any party without the express written consent of the Owner and of the preparer of the Drawings.

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Section 4. Materials, Service and Facilities.

1. It is understood that, except as otherwise specifically stated in the contract documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Work within the specified time.

2. Materials and equipment shall be stored so as to ensure the preservation of their quality and fitness for the Work. Stored materials and equipment to be incorporated in the Work shall be located so as to facilitate prompt inspection. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

3. All materials and equipment shall be of good quality and new except as otherwise provided in the contract documents.

4. Equivalent Materials and Equipment. Whenever materials or equipment are specified or described in Drawings or specifications by using the name of proprietary item or the name of a particular manufacturer, fabricator, Supplier or distributor, the name of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, Suppliers, or distributors may be accepted by the Owner’s Representative if sufficient information is submitted by Contractor to allow the Owner’s Representative to determine that the material proposed is equivalent to that named.

5. Contractor shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by Contractor and any Subcontractor and of persons or organizations for whose acts any of them may be liable to the same extent Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in these documents creates any obligation on the part of the Owner to pay or to see to the payment of any monies due any Subcontractor or other person or organization except as may otherwise be required by law.

Section 5. Fees, Taxes and Permits.

1. Contractor shall pay all applicable royalties and license fees required to perform the Work. Contractor shall defend all suits or claims for infringement of any patent rights and save Owner harmless from loss on account thereof.

2. All permits and licenses, including SDC or other governmental fees, licenses, and inspections, required for construction shall be obtained by and at the expense of Owner.

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Section 6. Survey, Permits and Regulations.

1. Owner shall furnish all boundary surveys and establish all base lines for locating principal component parts of the Work together with a suitable number of bench marks adjacent to the Work as shown in the contract documents. From the information provided by Owner, unless otherwise specified in the contract documents, Contractor shall develop and make all detailed surveys needed for construction such as slope stakes, stakes for piling locations, and other working points, lines, elevations and cut sheets.

2. The Contractor shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, Contractor shall be charged with the resulting expense and shall be responsible for any mistakes which may be caused by unnecessary loss or disturbance.

3. Contractor shall protect and preserve all protective root zones (PRZ) and any associated fencing.

Section 7. Protection of Work, Property and Persons.

Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor will take all necessary precautions for the safety of, or provide the necessary protection to prevent injury, damage, or loss, to all employees on the worksite and other persons who may be affected. Contractor shall also be responsible for all safety precautions regarding all Work and all materials or equipment to be incorporated into the Work, whether in storage on or off the site, and the property at the site or adjacent to it, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designed for removal, relocation, or replacement in the course of construction. Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or any for whose acts any of them may be liable except for acts directly attributable to Owner or Owner’s Representative or any person employed by either of them whose acts are not attributable directly or indirectly in whole or in part to the fault or negligence of Contractor.

Section 8. Supervision by Contractor.

The Contractor will supervise and direct the Work. Contractor will be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

Contractor will employ and maintain on the Work a qualified supervisor who shall have been designated in writing by Contractor as Contractor’s representative at the site. The supervisor shall have full authority to act on behalf of Contractor and all communications given to the supervisor shall be as binding as if given to Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work.

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Section 9. Changes in Work.

Owner, at any time the need arises, may order changes in the scope of the Work without invalidating the Contract. If such changes increase or decrease the amount due under the contract documents, or the time required for performance of the Work, an equitable adjustment shall be authorized by Change Order. Owner or its representative may also, at any time, by issuing a Field Order, make changes in the details of the Work. Contractor shall proceed with the performance of any changes in the Work so ordered, unless Contractor believes that such Field Order entitles Contractor to a change in Contract Price or Contract Time, or both, in which event Contractor shall give Owner’s Representative Written Notice of the proposed Change Order within two (2) days after receipt of the Field Order. Contractor shall document in Contractor’s notice the basis for the change in Contract Price or Contract Time by separate notice delivered within five (5) days of the date of the Written Notice of the proposed Change Order.

Contractor shall not execute such changes pending the receipt of an executed Change Order or further instruction from Owner.

Section 10. Changes in Contract Price.

The Contract Price may be changed only by a written, signed Change Order. The value of any Work covered by a Change Order or of any claim for increase or decrease in the Contract Price shall be determined by one or more of the following methods in the order of precedence listed below:

1. Unit prices previously approved.

2. An agreed lump sum.

3. The actual cost of labor, direct overhead, materials, supplies, and other services necessary to complete the Work plus an amount not to exceed ten percent (10%) of the actual Work to cover the cost of general overhead profit.

Section 11. Limitation on Liquidated Damages.

Contractor shall not be charged with liquidated damages when the delay in completion of the Work is due to the following and Contractor has promptly given Written Notice of such delay to Owner or its representative:

1. Unforeseeable causes beyond the control and without the fault or negligence of

Contractor, including but not restricted to acts of God or of the public enemy, acts of Owner, acts of another Contractor in performance of the contract with the Owner, fires, floods, epidemics, quarantine restriction, strikes, freight embargoes, and abnormal and unforeseen weather; and

2. Any delays of Subcontractors occasioned by any of the causes specified above.

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Section 12. Correction of Work.

1. Contractor shall promptly remove from the premises all Work rejected by Owner’s Representative for failure to comply with the contract documents, whether incorporated in construction or not, and Contractor shall promptly replace and re execute the Work in accordance with the contract documents and without expense to Owner and shall bear the expense of making good all Work of other contractors destroyed or damaged by such removal or replacement.

2. All removal and replacement Work shall be done at Contractor's expense.