23-0016 Cap Center PA Replacement.pdf

PUBLIC IMPROVEMENT PROJECT

INVITATION TO BID

Solicitation No: 23-0016

Capital Center- PA Replacement

ITB Closing (Due Date & Time):

February 29, 2024 at 2:00 PM Pacific Time

Issued by:

Beaverton School District 48J

1260 NW Waterhouse Avenue Beaverton, Oregon 97006

January 18, 2024

SOLICITATION SUMMARY

Solicitation No: ITB 23-0016

PUBLIC IMPROVEMENT

INVITATION TO BID

Solicitation No: ITB 23-0016

The purpose of this Invitation to Bid is to obtain competitive bids for the replacement of the Capital Center PA system. This is a public works project subject to ORS 279C.800 to 279C.870.

A NON-MANDATORY pre-Bid conference will be held on January 24, 2024 10:00 AM at Capital Center/BASE, 10740 NE Walker Road, Hillsboro, OR 97006

Bidders must submit their Bid pursuant to the provisions of this Solicitation to contracts@beaverton.k12.or.us, PRIOR to the Closing:

SOLICITATION CLOSING: February 29, 2024 at 2:00 PM Pacific Time

LATE BIDS WILL NOT BE ACCEPTED

Timely submitted Bids will be opened and read aloud immediately after Closing at the below conference line:

+1(503)356.4400 Participant code: 30633357

Bidders must submit a First-Tier Subcontractor Disclosure Form *EITHER* with the emailed Bid submission *OR* by email to contracts@beaverton.k12.or.us no later than the Disclosure Deadline:

DISCLOSURE DEADLINE: February 29, 2024 at 4:00 PM Pacific Time

Prospective Bidders must register with Oregon Buys –https://oregonbuys.gov/ to obtain the Solicitation documents and related documents. Drawings and Specifications are also posted on the District's Website:

https://www.beaverton.k12.or.us/departments/purchasing/solicitations

Bidders must familiarize themselves with the entire Solicitation.

All questions and comments about this solicitation must be directed ONLY IN WRITING to:

contracts@beaverton.k12.or.us

THE DISTRICT MAY REJECT ANY BID NOT IN COMPLIANCE WITH ALL PRESCRIBED REQUIREMENTS.

mailto:contracts@beaverton.k12.or.us mailto:contracts@beaverton.k12.or.us https://oregonbuys.gov/ https://www.beaverton.k12.or.us/departments/purchasing/solicitations mailto:contracts@beaverton.k12.or.us

SECTION I - INTRODUCTION

1. INTRODUCTION:

This solicitation is for retaining a general contractor (GC) to furnish, install, manage and coordinate all work as shown in the attached documents on behalf of the Beaverton School District. The goal is to replace the PA system at the Capital Center.

2. GENERAL SCOPE OF WORK:

The General Scope of this Project includes demolition and removal of the existing PA system, furnishing new equipment, wiring and cable and installing a new system. The work is described in more detail in the Statement of Work and in the Exhibits to this ITB (e.g., Drawings, Specifications, etc.).

3. SOLICITATION DOCUMENTS:

The Solicitation Documents are organized in the following manner:

SOLICITATION SUMMARY

SECTION I – INTRODUCTION

SECTION II – STATEMENT OF WORK

SECTION III – SOLICITATION RULES

SECTION IV—PUBLIC WORKS REQUIREMENTS

SECTION V – ATTACHMENTS

4. IMPORTANT RESPONSIBILITIES:

Bidders are responsible for knowing and understanding all of this Solicitation’s requirements, terms, conditions, and rules. Bidders may submit questions or clarification requests to contracts@beaverton.k12.or.us at any time. The District will respond to all such questions/clarification requests submitted prior to the applicable deadline.

Bidders shall promptly notify the District of any defects, ambiguities, omissions, or errors are brought to the District's attention by protest pursuant to REQUESTS FOR CLARIFICATION, CHANGE, SUBSTITUTION REQUEST, OR SOLICITATION PROTEST (Section III, Paragraph 5), protests or appeals based on such defects, ambiguities, omissions or errors received after issuance of the Notice of Intent to Award may not be favorably considered.

The Bidder is required to provide the District with a Retention Bond. The cost of this bond should be included in the base bid. Retainage for this Project shall be 5%. See the attached Sample Contract for specific terms and conditions regarding retainage.

5. DISTRICT REPRESENTATIVE:

The District Representative for the project is Stephen Yamasaki, Construction Project Manager.

6. SOLICITATION SCHEDULE:

The milestones for the selection process are set forth below. The purpose of this schedule is for Bidder information only. Required dates for Contract period milestones, submittals and any other activities are provided elsewhere in this Solicitation. The District reserves the right to deviate from this schedule.

Solicitation Milestone Date Non-Mandatory Pre-Bid conference January 24, 2024, 10:00 AM PST Deadline for submitting requests for clarification, change, substitution, or solicitation protest February 13, 2024 2:00 PM PST Bids Due: Closing February 29, 2024 2:00PM PST Anticipated Notice of Intent to Award (NOI) on or about March 1, 2024

SECTION I - INTRODUCTION

Anticipated Executed Contract on or about March 20, 2024

7. CONTACT DURING SOLICITATION:

Questions must be submitted in writing via email to contracts@beaverton.k12.or.us as indicated in the Solicitation Summary. Bidders may also contact Purchasing Staff with questions. No other contact regarding this Solicitation, including with the design team or District Representative during the solicitation process (prior to executed contract) is permitted. Contact with District Staff / design team Members during the Pre-Bid Conference is also authorized. Unauthorized contact regarding this Solicitation may subject the offender’s Bid to rejection.

SECTION II – STATEMENT OF WORK

1. PURPOSE AND INTRODUCTION:

This solicitation is for retaining a general contractor (GC) to furnish, install, manage and coordinate all work as shown in the attached documents on behalf of the Beaverton School District. The goal is to replace the PA system at the Capital Center. This project will include demolition/removal of existing system, furnishing all new equipment, installing new wiring/cabling, installation of new equipment to replace existing removed and commissioning/testing of new system. All work is to be completed over the 2024 summer break. It is intended that the Contractor provides a complete project and coordinates work with the District, Contractors and Consultants hired by the District, and all applicable agencies having authority. The Project is described in summary terms below and in the attached documents.

2. BACKGROUND INFORMATION:

This project is going to take place at The Capital Center (AKA BASE). The Capital Center was originally constructed in 1970 with the east portion constructed in 1977. Several improvements and additions were constructed over time. The school is currently comprised of 189,241 square feet of building space. This school is located at 18640 NW Walker Road, Beaverton, OR 97006. Despite its Beaverton address, the school is under the City of Hillsboro jurisdiction.

3. OPERATIONAL ATTRIBUTES:

The District requires the project to be completed over the duration of the summer vacation beginning 6/17/24. See project milestones below for further information. Coordination with summer maintenance activities and other construction projects will be required.

4. GENERAL SCOPE OF WORK/PROJECT REQUIREMENTS:

Please refer to attached plans and specifications. It is intended that the Contractor provides a complete project and coordinates work with the District, Contractors and Consultants hired by the District, and all applicable agencies having authority. There may be equipment and/or components that our maintenance department wants to salvage. All other removed items shall be disposed of by the awarded contractor. All existing wire is to be removed/disposed of and new pink cabling installed.

a. Contractor shall supply all materials and provide all labor, equipment, transportation, and other facilities and services as necessary and/or required to execute all of the work.

b. All necessary locates shall be required to be done by the contractor and the responsibility of the contractor to maintain.

c. Work includes protection of neighboring finishes and replacement/repair of any damaged surfaces including but not limited to ceiling tiles, wall board, paint, insulation, concrete block, etc. The contractor shall be responsible to replace any damaged ceiling tiles due to installation activities with fire rated tiles to match existing.

d. Work also includes protection of all existing systems including and not limited to fire, intrusion, power, data, HVAC, etc.

e. Walls in this building may be asbestos containing. The awarded contractor is responsible for subcontracting a certified asbestos abatement contractor to drill/penetrate or disturb any asbestos containing materials per AHERA regulations as necessary. Records are in a binder in the office, but sample results are not available for all locations. Where no results exist, presume positive for asbestos.

In the event that proper asbestos procedures are not abided by, the contractor will be responsible for the cost of any air sample testing and necessary clean up and/or remediation, as well as any other mitigating measures to ensure spaces are safe for students and staff, as determined by the Beaverton School District’s LEA Designated Person.

f. The awarded contractor shall be responsible for obtaining and paying for any and all necessary permits required by the City of Hillsboro or governing agencies.

g. All necessary shop drawings, material submittals and all other necessary submittals must be submitted and approved prior to start of work.

h. Work anticipated to begin on June 17th, 2024 and must be substantially completed by August 20th, 2021. Custodial operations will be ongoing throughout summer. The awarded contractor will be required to submit a construction schedule and phasing plan for the school to review and coordinate to minimize disturbance to summer operations and other construction projects going on concurrently.

i. Work hours shall be between the hours of 7:00 am to 3:20 pm, Monday through Friday.

j. This IS a prevailing wage (BOLI) project. Certified payroll will be required on a weekly basis. Performance, payment and retention bond will be required. The awarded contractor will need to comply with the insurance requirements in the terms and conditions of the issued contract.

k. All personnel on site must pass a current background check in compliance to BSD standards and badged at all times.

l. All disturbed surfaces must be restored to original or better condition. Fire rated ceiling tiles are required to replace ones that are damaged due to construction activities.

m. The Beaverton School District’s refuse/recycling containers may not be used for disposal of any materials. It is the contractor’s responsibility to remove and legally dispose of materials off-site.

n. All work areas shall be cleaned of any construction debris on a daily basis. General Contractor is responsible for material removal and disposal. Provide dust control and HVAC protection as required to protect the rest of the school from construction debris. Upon completion of the project, the General Contractor is to provide final cleaning of all areas impacted, replaced or repaired including jobsite office.

o. Have a plan for Heat Illness Prevention per OAR 437-002-0156. OSHA Administrative Order June 15, 2022.

5. PROJECT SCHEDULE

The project milestones are set forth below. The dates are approximate but will be followed to the extent reasonably possible. The purpose of this schedule is for information only.

Project Milestones Dates

Contract Award on or about March 20, 2024 Substantial Completion August 20, 2024 Final Completion August 27, 2024

6. RETAINAGE:

Retainage for this Project shall be 5%. See the attached Sample Contract for specific terms and conditions regarding retainage.

Provide the District with a Retention Bond. The cost of this bond should be included in the base bid.

7. BONDS AND INSURANCE:

The Contractor awarded this solicitation must, within Five (5) calendar days after receipt of the Contract for signature:

a. Provide the required Performance Bond, Retention, and Payment Bond;

b. Provide proof that the Statutory Public Works Bond has been filed with the CCB;

c. Provide Insurance Certificate(s) (summary-level insurance requirements are listed below; Exhibit E of the

Sample Contract includes all requirements) and any guarantees and/or other required item(s).

d. Sign the Contract issued by the District Purchasing Department.

e. If these items are not received as specified then the Contract may not be executed, a Bid bond claim may be filed, and the Contract may be awarded to the next lowest Bidder.

Summary-Level Insurance Requirements* (See Exhibit E to the Attached Sample Contract for all Requirements)

Insurance Coverage Type Occurrence/Loss Aggregate District as Additional

Insured

Subrogation Waived

Required for Sub-

Contractors

Employer’s Liability $500,000 X Worker’s Comp Statutory Limits Statutory Limits X X

Commercial General Liability $1,000,000 $2,000,000 X X Business Automobile Liability $1,000,000 X X

Professional Liability** $1,000,000 $2,000,000 X Pollution Liability Insurance $1,000,000 $1,000,000

Asbestos/hazardous materials Abatement** X

True Umbrella Policy $5,000,000 Builder’s Risk Contract Amt. Contract Amt.

*The Summary-Level Insurance Requirements are only intended to draw Bidders’ attention to the Insurance Requirements for this Solicitation. Bidders must carefully review Exhibit E Insurance Requirements to the Sample Contract for exact and full Insurance Requirements. I If there are any discrepancies between the Summary-Level Insurance Requirements and those listed under Exhibit E Insurance Requirements to the Sample Contract, Exhibit E Insurance Requirements to the Sample Contract shall govern.

**Only required if such services are included in the Contract/Sub-Contracts resulting from this Solicitation.

***The District may require Contractor to provide certificates of Sub-Contractor’s insurance at any time.

Insurance Waiver Requests: Any Insurance Waiver Requests must be submitted in writing to contracts@beaverton.k12.or.us, prior to the Deadline for Questions/Change Requests/Solicitation Protests.

8. NOTICE TO PROCEED:

a. The Contractor must not begin work until a Notice to Proceed is issued by the District Representative.

b. The District reserves the right to cancel the Contract at no penalty if it is in the best interest of the public to do so, if:

i. A protest was received that overturns the award of this Contract, or

ii. Funding for the project is not available.

9. ADDITIONAL REQUIREMENTS:

a. The District has implemented the e-Builder Project Management software platform for coordination of efforts, approvals, and expedited communication. All prime project team members will be required to utilize the program. Each Contractor will be provided a seat (license) and a minimum of four (4) hours training.

b. All persons involved in the project who will have a physical presence on site at any time during the course of the project will need to clear a background check. The basic criteria of clearance and refusal offenses will be provided by the District Project Representative. Contractors and sub-contractors must provide a report of who has cleared the background check by an approved agency.

c. LIQUIDATED DAMAGES: If the Work is not Substantially Complete by the applicable required Substantial Completion date, the Contractor shall pay to the Owner liquidated damages in the amount of $500.00 for each and every day of delay in achieving Substantial Completion.

10. BUSINESS EQUITY:

The Bidder understands that the District maintains a goal of engaging minority, women, emerging, service-disabled veteran and socially or economically disadvantaged businesses (DMWESBSDVBE) as service providers in delivering services necessary to implement our bond program. The District aspires to a goal of fifteen (15) percent DMWESBSDVBE content, by contract value, in completing our capital bond work, and the Contractor shall expend reasonable efforts to reach this content in the total value of their contracts with the District.

11. NO WAIVER OF CONDITIONS:

Failure of the Owner to insist on strict performance will not constitute a waiver of any of the provisions of this Contract or waiver of any other default of the Contractor.

12. SAFE, INCLUSIVE, AND RESPECTFUL WORKSITE.

a. Each of the Awarded Contractor’s employees, subcontractors' employees and principals / owners involved in the Work shall be required to act in a safe, respectful, inclusive, and professional manner while performing the Work. This includes but is not limited to the Contractor taking whatever means and manner of action Contractor deems necessary to prevent, control, and enforce, any acts in violation of the forgoing standards (“Incidents”). Incidents include, but are not limited to: 1)excessive, offensive, or disruptive noise, including music; 2) the use of offensive language; 3) smoking or drinking of alcoholic beverages, or use of illegal substances on the Site; 4) physical violence; 5) riding in the passenger elevators; 6) thievery; 7) the transportation of articles or materials deemed hazardous; and 8) symbols, language, and other acts of hate, racism, sexism, discrimination, harassment, and bullying.

SECTION III – INSTRUCTIONS TO BIDDERS:

SOLICITATION RULES

Solicitation No. ITB 23-0016

1. DEFINITIONS

The terms "District" or “Owner” throughout this document means the Beaverton School District. The term “Bidder” means the person or firm that submits a Bid in response to this Solicitation. The terms “Bid” or “Offer” means a written response to provide services in response to this Solicitation. The terms “Contractor” or “Supplier” means the Bidder awarded a contract as a result of this Solicitation. Terms not otherwise defined in the Solicitation Documents may assume definitions found in the laws, regulations, and/or policies governing this Solicitation.

2. SELECTION PROCEDURE

This Solicitation is a Formal Invitation to Bid for a Public Improvement Project, issued Pursuant to ORS 279A, ORS 279C and the Oregon Attorney General Model Rules Divisions 46 and 49 and District Policies.

3. ELIGIBILITY TO BID

a. Construction Contracts. The District will not consider a Person's Offer to do Work as a Contractor, as defined in ORS 701.005(2), unless the Person has a current, valid certificate of registration issued by the Construction Contractor’s Board at the time the Offer is made.

b. Landscape Contracts. The District will not consider a Person's Offer to do Work as a landscape Contractor as defined in ORS 671.520(2), unless the Person has a current, valid landscape Contractor’s license issued pursuant to ORS 671.560 by the State Landscape Contractors Board at the time the Offer is made.

c. Non-complying Entities. The District will deem a Bid received from a Person that fails to comply with this rule nonresponsive and will reject the Bid as stated in ORS 279C.365(1)(k), unless contrary to federal law or subject to different timing requirements set by federal funding agencies.

d. Asbestos Abatement Work. The Contractor or a subcontractor under the Contract must be licensed under ORS 468A.720 for work regarding asbestos abatement projects.

4. PRE-BID CONFERENCE

a. Purpose. The District may hold pre-Bid conferences with prospective Bidders prior to Closing, to explain the procurement requirements, obtain information, and/or to conduct site inspections.

b. Required Attendance. The District may require attendance at the pre-Bid conference as a condition for submission of a Bid. A mandatory attendance requirement is considered to have been met if, at any time during the mandatory meeting, a representative of an offering firm is present.

c. Notice. The Summary page of this solicitation indicates the pre-Bid conference scheduled date and time, and whether the pre-Bid conference is mandatory or non-mandatory.

d. Statements Not Binding. Statements made by the District's representatives at the pre-Bid conference do not change the Solicitation unless the District confirms such statements by Written Addendum.

4. ADDENDA

a. Issuance; Receipt. The District may change this Solicitation only by Written Addenda. A Bidder must provide written acknowledgement of receipt of all issued Addenda with their Bid on the Bidder Certification.

b. Notice and Distribution. The District will publish notice of all Addenda on the Oregon Buys Website.

Addenda may be downloaded from the Oregon Buys website. It is the Bidders’ responsibility to inquire about Addenda. Bidders should frequently check the Oregon Buys website until Closing about any Addenda issued, i.e., at least once weekly until the week of Closing and at least once daily the week of the Closing.

c. Timelines; Extensions. The District will issue Addenda within a reasonable time to allow prospective Bidders to consider the Addenda in preparing their Bid. The District may extend the Closing if the District

Solicitation No. ITB 23-0016 determines prospective Bidders need additional time to review and respond to Addenda. Except to the extent required by public interest, the District will not issue Addenda less than 72 hours before the Closing unless the Addendum also extends the Closing.

d. Request for Change or Protest. Unless a different deadline is set forth in the Addendum, a Bidder may submit a Written request for change or protest to the Addendum, as provided in OAR 137-049-0260, by the close of the District's next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change or protest under OAR 137-049-0260, whichever date is later. The District will consider only a Bidder's request for change or protest to the Addendum; the District will not consider a request for change or protest to matters not added or modified by the Addendum, unless the Bidder submits the request for change or protest before the deadline for the District’s receipt of request for change or protests as set forth in OAR 137-049-0260(2) and (3).

5. REQUESTS FOR CLARIFICATION, CHANGE, SUBSTITUTION REQUEST, OR SOLICITATION PROTEST

a. Clarification. No later than the deadline for submitting a written request for clarification, change, substitution, or solicitation protest a Bidder may request that the District clarify any provision of the Solicitation. Such requests must be received prior to the stated deadline in email at contracts@beaverton.k12.or.us. The District's clarification to a Bidder, whether orally or in Writing, does not change the Solicitation and is not binding on the District unless the District amends the Solicitation by denoting “CHANGES” on a written Addendum.

b. Request for Change.

i. Delivery. No later than the deadline for submitting a written request for clarification, change, substitution, or solicitation protest, a Bidder may request in writing a change to the Solicitation Documents. A Bidder must deliver the Written request for change to the District prior to the stated deadline to contracts@beaverton.k12.or.us. (Bidder is responsible for ensuring receipt by the District.)

ii. Content of Request for Written Change:

A. A Bidder’s Written request for change must include a statement of the requested change(s) to the Contract terms and conditions, including any Specifications, together with the reason for the requested change.

B. A Bidder must include the following identifying information it its request for change as follows:

I. “Request for Change”; and

II. Solicitation number.

c. Substitution Requests.

i. During Solicitation. No later than the deadline for submitting a written request for clarification, change, substitution, or solicitation protest, a Bidder may request in writing a substitution to any specified products (e.g., requests for approved equal decisions, etc.). Such requests must be submitted prior to the stated deadline to contracts@beaverton.k12.or.us. (Bidder is responsible for ensuring receipt by the District.) Requests must be submitted using the Substitution Request Form if one is attached to this Solicitation.

ii. During Contract. Any Substitution Requests submitted after a Contract has been executed shall be governed by the terms and conditions of said Contract.

d. Protest.

i. Delivery. No later than the deadline for submitting a written request for clarification, change, substitution, or solicitation protest, a Bidder may protest Specifications or Contract terms and conditions. A Bidder must deliver a written protest on those matters to contracts@beaverton.k12.or.us by the stated deadline.

ii. Content of Protest.

A. A Bidder’s Written protest must include:

mailto:contracts@beaverton.k12.or.us mailto:contracts@beaverton.k12.or.us

Solicitation No. ITB 23-0016

(i) A detailed statement of the legal and factual grounds for the protest;

(ii) A description of the resulting prejudice to the Bidder; and

(iii) A statement of the desired changes to the Contract terms and conditions, including any

Specifications.

B. A Bidder must mark its protest as follows:

(i) “Contract Provision Protest”; and

(ii) Solicitation number.

c. District Response. The District is not required to consider a Bidder’s request for change or protest after the deadline established for submitting such request or protest. The District will provide notice to the applicable Person if it entirely rejects a protest. If the District agrees with the Person's request or protest, in whole or in part, the District will either issue an Addendum reflecting its determination under OAR 137-49-0260 or cancel the Solicitation under OAR 137-49-0270.

e. Extension of Closing. If the District receives a written request for change or protest from a Bidder in accordance with this Rule, the District may extend Closing if the District determines an extension is necessary to consider the request or protest and issue an Addendum, if any, to the Solicitation.

6. CANCELLATION OF SOLICITATION

Cancellation in the Public Interest. The District may cancel a Solicitation for good cause if the District finds that cancellation is in the public interest. The District's reasons for cancellation will be made part of the Solicitation file.

7. BID SUBMISSIONS

a. Offer and Acceptance. The submitted Bid is the Bidder's offer to enter into a Contract. The Offer is always a "Firm Offer," i.e., the Bid must be held open by the Bidder for the District's acceptance for sixty

(60) days. The District may elect to accept the Bid at any time during the specified period, and the District's Award of the Contract to a Bidder constitutes acceptance of the Offer and binds the Bidder to the Contract.

b. Responsive Bid. The District may award a Contract only to a Responsible Bidder with a Responsive Bid.

c. Contingent Bids. A Bidder must not make a Bid contingent upon the District's acceptance of any terms or conditions (including Specifications) other than those contained in this Solicitation.

d. Bidders Acknowledgement. By signing and submitting a Bid, the Bidder acknowledges they have read and understand the terms and conditions contained in the Solicitation and that they accept and agree to be bound by the terms and conditions of the Solicitation.

e. Instructions. A Bidder must submit and sign their Bid. A Bidder must initial any corrections or erasures to their Bid.

f. Forms. Bidders must submit their Bid on the form(s) provided.

g. Documents. Bidders must provide the District with all documents and descriptive literature requested.

h. Facsimile Submissions. The District will not accept facsimile Bids.

i. Product Samples and Descriptive Literature. The District may require product samples or descriptive literature if it is necessary or desirable to evaluate the quality, features or characteristics of the offered items. The District will dispose of product samples or return or make available for return product samples to the Bidder.

j. Identification of Bids.

i. To ensure proper identification and handling, the Bids must be submitted to contracts@beaverton.k12.or.us and the email subject line/body text/file names should include the Bidder’s name and the Solicitation number, and/or other clearly identifying information.

ii. The District is not responsible for Bids submitted in any manner, format or to any delivery point other than as required in the Solicitation.

Solicitation No. ITB 23-0016

k. Receipt of Bids. Bidders are responsible for ensuring that the District receives their Bid at the required delivery point prior to the closing due date and time. Bids must only be emailed to contracts@beaverton.k12.or.us and received prior to the closing due date and time.

l. Failure to submit Bids in accordance with the provisions of this Section will be grounds to declare the Bid as nonresponsive.

m. Certification. Bidders must (on the Bidder Certification enclosed):

i. Identify whether the Bidder is or is not a "resident Bidder," as defined in ORS 279A.120(1);

ii. Indicate that the Bidder will comply with Prevailing Wage Laws ORS 279C.800 through ORS 279C.870 or 40 U.S.C. 3141 et seq;

iii. Provide certification of nondiscrimination in obtaining any required subcontractors in accordance with ORS 279A.110(4); and

iv. Provide written acknowledgment of receipt of all Addenda.

8. BID SECURITY

a. Security Amount. The District requires Bid security of 5% of the Bidder’s Bid, consisting of the base Bid together with all additive alternates. The Bidder must forfeit Bid security after Award if the Bidder fails to execute the Contract and promptly return it with any required Performance Bond and Payment Bond and with any required proof of insurance (see enclosed sample contract for amount requirements).

b. Form of Bid Security. The District may accept only the following forms of Bid security:

i. A surety bond from a surety company authorized to do business in the State of Oregon;

ii. An irrevocable letter of credit issued by an insured institution as defined in ORS 706.008; or

iii. A cashier's check or Bidders certified check.

c. Return of Security. The District will return or release the Bid security of all unsuccessful Bidders after a Contract has been fully executed and all required bonds and insurance have been provided, or after all Bids have been rejected.

9. PRE-CLOSING MODIFICATION OR WITHDRAWAL

a. Modifications. A Bidder may modify their Bid in writing prior to the Closing. A Bidder must prepare and submit any modification to their Bid to the District in accordance with OAR 137-49-0280. Any modification must include the Bidder’s statement that the modification amends and supersedes the prior Bid. The Bidder must email its modification to contracts@beaverton.k12.or.us and mark the email subject line as follows:

i. “Bid Modification”; and

ii. Solicitation Number.

b. Withdrawals.

i. A Bidder may withdraw its Bid by Written notice submitted by email to contracts@beaverton.k12.or.us on the Bidder’s letterhead, signed by an authorized representative of the Bidder. The notice must be received by the District prior to the Closing. The Bidder or authorized representative of the Bidder may also withdraw its Bid in Person prior to the Closing, upon presentation of appropriate identification and satisfactory evidence of authority;

ii. The District may release an unopened, withdrawn Bid to the Bidder or its authorized representative, after voiding any date and time stamp mark, if applicable;

iii. The Bidder must mark the Written request to withdraw a Bid as follows:

A. Bid Withdrawal; and B. Solicitation Number.

c. Documentation. The District will include all documents relating to the modification or withdrawal of Bids in the Solicitation file.

mailto:contracts@beaverton.k12.or.us

Solicitation No. ITB 23-0016

10. RECEIPT, OPENING, AND RECORDING OF BIDS; CONFIDENTIALITY OF BIDS

a. Receipt. The Bidder is responsible for ensuring that the District receives its Bid at the required delivery point prior to the Closing, regardless of the method used to submit or transmit the Bid.

b. Opening and Recording. The District will publicly open Bids including any modifications made to the Bid pursuant to OAR 137-49-0320. In the case of Invitations to Bid, to the extent practicable, the District will read aloud the name of each Bidder, the Bid price(s), and such other information, as the District considers appropriate. The District will open and publicly read bids over the following conference line:

+1(503)356.4400 Participant code: 30633357

c. Availability. After Opening, the District will make Bids available for public inspection. The District may withhold from disclosure those portions of a Bid that the Bidder designates as trade secrets or as confidential proprietary data in accordance with applicable law. See ORS 192.501(2); ORS 646.461 to

646.475. To the extent the District determines such designation is not in accordance with applicable law, the District will make those portions available for public inspection. The Bidder must separate information designated as confidential from other non-confidential information at the time of submitting its Bid. Prices, makes, model or catalog numbers of items offered, scheduled delivery dates, and terms of payment are not confidential, and will be publicly available regardless of a Bidder's designation to the contrary.

11. CONFIDENTIALITY OF PROPOSALS

a. REDACTION FOR PUBLIC RECORDS: Any portion of a Proposal that the Proposer claims as exempt from disclosure must meet the requirements of ORS 192.501(2), ORS 192.502(4) and/or ORS 646.461 et seq.

Proposers are required to submit a redacted copy of their Proposal and all attachments if redactions are being requested. “Redaction” means the careful editing of a document to obscure confidential references but leaves the formatting complete and intact; The redacted copy must be a complete copy of the submitted Proposal, in which all information the Proposer deems to be exempt from public disclosure has been identified.

b. When preparing a redaction of your Proposal submission, a Proposer must plainly mark the redactions by obscuring the specific areas your firm asserts are exempt from public disclosure. In addition, a summary page identifying the pages where redactions occur shall be included with the Proposal submission (summary is not included in page limitations). If a Proposer fails to submit a redacted copy of their Proposal as required, the District may release the Proposer’s original Proposal without redaction. If the entire proposal is marked as constituting a “trade secret” or being “confidential”, at the District’s sole discretion, such a Proposal may be rejected as non-responsive.

c. Unless expressly provided otherwise in this RFP or in a separate written communication, the District does not agree to withhold from public disclosure any information submitted in confidence by a Proposer unless the information is otherwise exempt under Oregon law. The District agrees not to disclose Proposals until the District has completed its evaluation of all Proposals and publicly announces the results.

12. LATE BIDS, WITHDRAWALS AND MODIFICATIONS

Any Bid received after the Closing date and time is late. A Bidder’s request for withdrawal or modification of a Bid received after Closing is late. The District will not consider late Bids, withdrawals or modifications except as permitted in OAR 137-049-0350 or OAR 137-049-0390.

Solicitation No. ITB 23-0016

13. MISTAKES

a. Generally. To protect the integrity of the competitive Procurement process and to assure fair treatment of Bidders, the District will carefully consider whether to permit waiver, correction or withdrawal of Bids for certain mistakes.

b. District Treatment of Mistakes. The District will not allow a Bidder to correct or withdraw an Offer for an error in judgment. If the District discovers certain mistakes in a Bid after Opening, but before Award of the Contract, the District may take the following action:

i. The District may waive, or permit a Bidder to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Bid, or an insignificant mistake that can be waived or corrected without prejudice to other Bidders. Examples of minor informalities include a Bidder's failure to:

A. Return the correct number of signed Bids or the correct number of other documents required by the Solicitation;

B. Sign the Bid in the designated block, provided a Signature appears elsewhere in the Bid, evidencing an intent to be bound; and C. Acknowledge receipt of an Addendum to the Solicitation, provided that it is clear on the face of the Bid that the Bidder received the Addendum and intended to be bound by its terms; or the Addendum involved did not affect price, quality or delivery.

ii. The District may correct a clerical error if the error is evident on the face of the Bid or other documents submitted with the Bid, and the Bidder confirms the District's correction in Writing. A clerical error is a Bidder's error in transcribing its Bid. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations (for example a missing unit price may be established by dividing the total price for the units by the quantity of units for that item or a missing, or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Bid). In the event of a discrepancy, unit prices will prevail over extended prices.

iii. The District may permit a Bidder to withdraw an Offer based on one or more clerical errors in the Bid only if the Bidder shows with objective proof and by clear and convincing evidence:

A. The nature of the error;

B. That the error is not a minor informality under this subsection or an error in judgment;

C. That the error cannot be corrected or waived under subsection 12.b.ii above;

D. That the Bidder acted in good faith in submitting a Bid that contained the claimed error and in claiming that the alleged error in the Bid exists;

E. That the Bidder acted without gross negligence in submitting a Bid that contained a claimed error;

F. That the Bidder will suffer substantial detriment if the District does not grant the Bidder permission to withdraw the Offer;

G. That the District's or the public's status has not changed so significantly that relief from the forfeiture will work a substantial hardship on the District or the public it represents; and H. That the Bidder promptly gave notice of the claimed error to the District.

iv. The criteria in subsection 12.b.iii above will determine whether the District will permit a Bidder to withdraw its Bid after Closing. These criteria also will apply to the question of whether the District will permit a Bidder to withdraw its Bid without forfeiture of its Bid bond (or other Bid security), or without liability to the District based on the difference between the amount of the Bidder's Bid and the amount of the Contract actually awarded by the District, whether by Award to the next lowest Responsive and Responsible Bidder, or by resort to a new solicitation.

Solicitation No. ITB 23-0016

c. Rejection for Mistakes. The District will reject any Bid in which a mistake is evident on the face of the Bid and the intended correct Bid is not evident or cannot be substantiated from documents submitted with the Bid.

d. Identification of Mistakes after Award. The procedures and criteria set forth above are Bidder's only opportunity to correct mistakes or withdraw Bids because of a mistake. Following Award, a Bidder is bound by its Bid, and may withdraw its Bid or rescind a Contract entered into pursuant to OAR 137 Division 49 only to the extent permitted by applicable law.

14. FIRST-TIER SUBCONTRACTORS; DISCLOSURE AND SUBSTITUTION

a. Required Disclosure. Within two working hours after the Bid Closing, Bidders must submit the First-Tier

Subcontractor Disclosure Form identifying any first-tier subcontractors (those Entities that would be contracting directly with the prime contractor) that will be furnishing labor or labor and materials on the Contract, if Awarded, whose subcontract value would be equal to or greater than:

i. Five percent of the total Contract Price, but at least $15,000; or

ii. $350,000, regardless of the percentage of the total Contract Price.

b. Bid Closing, Disclosure Deadline and Bid Opening. For each ITB to which this rule applies, the District will:

i. Set the Bid Closing on a Tuesday, Wednesday or Thursday, and at a time between 2 p.m. and 5 p.m.;

ii. Open Bids publicly immediately after the Bid Closing; and

iii. Consider for Contract Award only those Bids for which the required disclosure has been submitted by the announced deadline on the form prescribed by the District.

c. Submission. A Bidder must submit the disclosure form required by this rule either in its Bid submission, or within two working hours after Bid Closing in the manner specified by this Solicitation.

d. Responsiveness. Compliance with the disclosure and submittal requirements of ORS 279C.370 and OAR

137-049-0360 is a matter of Responsiveness. Bids that are submitted by Bid Closing, but for which the disclosure submittal has not been made by the specified deadline, are not Responsive and will not be considered for Contract Award.

e. District Role. The District will obtain, and make available for public inspection, the disclosure forms required by ORS 279C.370 and OAR 137-049-0360. The District will also provide copies of disclosure forms to the Bureau of Labor and Industries as required by ORS 279C.835. The District is not required to determine the accuracy or completeness of the information provided on disclosure forms.

f. Substitution. Substitution of affected first-tier subcontractors must be made only in accordance with ORS 279C.585. The District will accept Written submissions filed under that statute as public records.

Aside from issues involving inadvertent clerical error under ORS 279C.585, the District does not have a statutory role or duty to review, approve or resolve disputes concerning such substitutions. See ORS 279C.590 regarding complaints to the Construction Contractors Board on improper substitution.

15. BID EVALUATION CRITERIA

a. General. A Public Improvement Contract, if awarded, will be awarded to the Responsible Bidder submitting the lowest Responsive Bid.

b. Bid Evaluation Criteria. Invitations to Bid may solicit lump-sum Bids, unit-price Bids, or a combination of the two.

i. Lump Sum. If the ITB requires a lump-sum Bid, without additive or deductive alternates, or if the

District elects not to award additive or deductive alternates, Bids will be compared on the basis of lump-sum prices, or lump-sum base Bid prices, as applicable. If the ITB calls for a lump-sum base Bid, plus additive or deductive alternates, the total Bid price will be calculated by adding to or deducting from the base Bid those alternates selected by the District, for the purpose of comparing Bids.

Solicitation No. ITB 23-0016

ii. Unit Price. If the Bid includes unit pricing for estimated quantities, the total Bid price will be calculated by multiplying the estimated quantities by the unit prices submitted by the Bidder, and adjusting for any additive or deductive alternates selected by the District, for the purpose of comparing Bids. The District will specify within the Solicitation the estimated quantity of the Procurement to be used for determination of the low Bidder. In the event of mathematical discrepancies between unit price and any extended price calculations submitted by the Bidder, the unit price will govern. See OAR 137-049-0350(2)(b).

c. The District may reject any Bid not in compliance with all prescribed Public Contracting procedures and requirements, and may reject for good cause all Bids upon the District’s finding that it is in the public interest to do so.

16. BID EVALUATION AND AWARD; DETERMINATION OF RESPONSIBILITY

a. General. If Awarded, the District will Award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid provided that such Person is not listed by the Construction Contractors Board as disqualified to hold a Public Improvement Contract. See ORS 279C.375 (3)(a). The District may award by item, groups of items or the entire Bid provided such Award is consistent with the Solicitation and in the public interest.

b. Determination of Responsibility. Bidders are required to demonstrate their ability to perform satisfactorily under a Contract. Before Awarding a Contract, the District must have information that indicates that the Bidder meets the standards of responsibility set forth in ORS 279.375(3)(b). To be a Responsible Bidder, the District will determine that the Bidder:

i. Has available the appropriate financial, material, equipment, facility and Personnel resources and expertise, or ability to obtain the resources and expertise, necessary to meet all contractual responsibilities;

ii. Has completed previous contracts of a similar nature with a satisfactory record of performance. A satisfactory record of performance means that, to the extent the costs associated with and time available to perform a previous contract were within the Bidder’s control, the Bidder stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. The District should carefully scrutinize a Bidder’s record of contract performance if the Bidder is or recently has been materially deficient in contract performance. In reviewing the Bidders performance, the District should determine whether the Bidders deficient performance was expressly excused under the terms of Contract, or whether the Bidder took appropriate corrective action. The District may review the Bidders performance on both private and Public Contracts in determining the Bidders record of contract performance.

iii. Has a satisfactory record of integrity. A Bidder may lack integrity if the District determines the Bidder demonstrates a lack of business ethics such as violation of state environmental laws or false certifications made to the District. The District may find a Bidder not Responsible based on the lack of integrity of any Person having influence or control over the Bidder (such as a key employee of the Bidder that has the authority to significantly influence the Bidders performance of the Contract or a parent company, predecessor or successor Person). The standards for Conduct Disqualification under OAR 137-49-0370 may be used to determine Bidder’s integrity. The District may find a Bidder non-responsible based on previous convictions of offenses related to obtaining or attempting to obtain a contract or subcontract or in connection with the Bidder’s performance of a contract or subcontract;

iv. Is qualified legally to contract with the District; and

v. Has supplied all necessary information in connection with the inquiry concerning responsibility. If the Bidder fails to promptly supply information requested by the District concerning responsibility, Solicitation No. ITB 23-0016 the District will base the determination of responsibility on any available information, or may find the Bidder not Responsible.

c. District Evaluation. The District will evaluate a Bid only as set forth in the Solicitation and in accordance with applicable law. The District will not evaluate a Bid using any other requirement or criterion.

d. Bidder Submissions.

i. The District may require a Bidder to submit Product Samples, Descriptive Literature, technical data, or other material and may also require any of the following prior to award:

A. Demonstration, inspection or testing of a product prior to award for characteristics such as compatibility, quality or workmanship;

B. Examination of such elements as appearance or finish; or C. Other examinations to determine whether the product conforms to Specifications.

ii. The District will evaluate product acceptability only in accordance with the criteria disclosed in the Solicitation to determine that a product is acceptable. The District will reject a Bid providing any product that does not meet the Solicitation requirements. The District's rejection of a Bid because it offers non-conforming Work or materials is not Disqualification and is not appealable under ORS 279C.445.

e. Evaluation of Bids. The District will use only objective criteria to evaluate Bids as set forth in the Solicitation. The District will evaluate Bids to determine which Responsible Bidder submitted the lowest Responsive Bid.

i. Nonresident Bidders. In determining the lowest Responsive Bid, the District will, in accordance with

OAR 137-046-0310, 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.

ii. Clarifications. In evaluating Bids, the District may seek information from a Bidder only to clarify the Bidder's Bid. Such clarification must not vary, contradict or supplement the Bid. A Bidder must submit Written and Signed clarifications and such clarifications will become part of the Bidder's Bid.

iii. Negotiation Prohibited. The District will not negotiate scope of Work or other terms or conditions under an Invitation to Bid process prior to award.

17. NOTICE OF INTENT TO AWARD

a. Notice. At least seven (7) days before the Award of a Public Improvement Contract, the District will issue a Notice of the District's intent to Award the Contract.

b. Form and Manner of Posting. The form and manner of posting notice will conform to customary practices within the District's procurement system and may be made electronically.

c. Finalizing Award. The District's Award will not be final until the later of the following:

i. Seven (7) Days after the date of the notice, unless the Solicitation provided a different period for protest; or

ii. The District provides a written response to all timely-filed protests that denies the protest and affirms the Award.

d. Prior Notice Impractical. Posting of notice of intent to award will not be required…