REQUEST FOR PROPOSALS

#23-0019 For the Provision of

Beaverton High School Special Inspection Services

RFP Closing (Due Date & Time):

February 20, 2024 at 2:00 PM Pacific Time

Issued by:

Beaverton School District 48J

16550 SW Merlo Road Beaverton, Oregon 97003

February 5, 2024

1.31.24

REQUEST FOR PROPOSAL

Solicitation No: RFP 23-0019

PURPOSE AND INTRODUCTION:

The purpose of this Request for Proposal (RFP) is to obtain competitive offers from qualified firms interested in providing Special Inspection services for the Beaverton High School Replacement and Renovation project.

A MANDATORY pre-proposal conference will be held on February 8, 2024 at 10:00 AM Pacific Time on Zoom.

Zoom Link: https://beavertonk12.zoom.us/j/8732036180?pwd=TlBxZElJRmZkb1YwRkVPb1lkbmNodz09

Interested Proposers must submit a Proposal pursuant to the provisions of this Solicitation to via email only to:

contracts@beaverton.k12.or.us

NOT LATER THAN:

SOLICITATION DUE DATE AND TIME (CLOSING):

February 20, 2024 at 2:00 PM Pacific Time

LATE PROPOSALS WILL NOT BE ACCEPTED.

Prospective Proposers must register with Oregon Buys – https://oregonbuys.gov/ to obtain the solicitation documents.

All questions and comments regarding this solicitation shall be directed ONLY IN WRITING by email to:

contracts@beaverton.k12.or.us

This Solicitation is issued pursuant to ORS 279A, ORS 279C and the Oregon Attorney General Model Rules Division 48.

PROPOSALS SHALL BE PURSUANT TO THE PROVISIONS OF THIS SOLICITATION.

THE DISTRICT MAY REJECT ANY PROPOSAL NOT IN COMPLIANCE WITH ALL PRESCRIBED

REQUIREMENTS

https://beavertonk12.zoom.us/j/8732036180?pwd=TlBxZElJRmZkb1YwRkVPb1lkbmNodz09 mailto:contracts@beaverton.k12.or.us https://oregonbuys.gov/ mailto:contracts@beaverton.k12.or.us

SECTION I – PROJECT INTRODUCTION AND BACKGROUND

Solicitation No: RFP 23-0019

1.31.24

1. DEFINITIONS:

The term “District” or “Owner” throughout this document means the Beaverton School District (BSD). The term “Consultant” means an Architect, Engineer, Photogrammetrist, Transportation Planner, Land Surveyor or provider of Related Services, or any combination of the foregoing. The term “Proposer” means the person or firm that submits a Proposal in response to this Solicitation. “Closing” is the solicitation due date and time. “Related services” means personal services, other than architectural, engineering, photogrammetric mapping, transportation planning or land surveying services, that are related to planning, designing, engineering or overseeing public improvement projects or components of public improvement projects, including but not limited to landscape architectural services, facilities planning services, energy planning services, space planning services, hazardous substances or hazardous waste or toxic substances testing services, cost estimating services, appraising services, material testing services, mechanical system balancing services, commissioning services, project management services, construction management services and owner’s representation services or land-use planning services.

2. SOLICITATION REVIEW:

Proposers must carefully review this Solicitation document and are responsible for knowing and understanding all terms and conditions. Unless defects, ambiguities, omissions, or errors are brought to the District’s attention by protest pursuant to the process detailed under SOLICITATION PROTEST AND REQUEST FOR CHANGE (Section III, Paragraph 3), protests or appeals based on such defects, ambiguities, omissions or errors received more than seven days after issuance of the Notice of Intent to Award may not be favorably considered.

3. BACKGROUND:

A. The Beaverton School District encompasses approximately 57 square miles in northwestern Oregon in

Washington County. Beaverton School District, located in the Portland, Oregon metro area, is the third largest School District in Oregon.

B. The Beaverton School District has approximately 4,700 employees. The District is responsible for educating approximately 40,870 students in kindergarten through grade 12 at thirty-four (34) Elementary Schools, eight (8) Middle Schools, six (6) High Schools, five (5) Options Schools, and nineteen

(19) Options Programs.

4. CONTRACT:

A. The provisions of the sample Consultant Services Contract are in addition to the requirements set forth in this solicitation document and are incorporated by reference (see Enclosures).

B. Proposers are advised to thoroughly review and familiarize themselves with the standard contract. Certain contract terms reflect state statute and District policy and may not be altered.

1) If a Proposer takes exception to any of these terms it is advised to protest such exception pursuant to

Section III. 3. Solicitation Protest and Request for Change.

2) At minimum, the protest must reflect in writing, any exceptions to specific terms and conditions. The

District may reduce the score of, or reject, a proposal with significant exceptions to terms and conditions.

C. If the selected Consultant does not take either one of the two steps in “B” above, the Consultant will be expected to sign a contract including all standard terms and conditions contained in the sample contract.

D. Personnel substitution – If the consultant must substitute personnel included in the original proposal they shall obtain written District approval of substituted personnel, prior to substitution.

5. AMENDMENTS:

The District may amend a Contract without additional competition pursuant to OAR 137-048-0320.

SECTION I – PROJECT INTRODUCTION AND BACKGROUND

6. DISTRICT REPRESENTATIVE:

The District Representatives for this project are Jeff Hamman, Sr. Project Manager and Megan Finch, Project Manager.

7. SOLICITATION SCHEDULE:

The milestones for the selection process are set forth below. The dates are specific and will be followed to the extent reasonably possible. The purpose of this schedule is for Proposer information only. Required dates for submittals and any other activities are provided elsewhere in this Request for Proposals. The District reserves the right to deviate from this schedule.

Project Milestone Completion Date Prep-Proposal Conference February 8, 2024 10:00 AM

Deadline for Questions February 12 at 4:00 PM

Final Addenda (if required) February 16, 2024

Submit Proposals February 20, 2024 at 2:00 PM

Notice of Intent to Award Week of February 26, 2024

Award Contract On or about March 20, 2024

8. CONTACT DURING SOLICITATION:

Questions shall be submitted in writing via email to contracts@beaverton.k12.or.us as indicated on the Summary page of this Solicitation. No other contact regarding this solicitation during the solicitation process shall be permitted. Unauthorized contact regarding this solicitation may subject the offender’s proposal to rejection. Answers to questions not stated in writing and/or answered in the form of a written Addendum shall not be binding upon the District.

SECTION II – STATEMENT OF WORK

1.31.24

1. PURPOSE AND INTRODUCTION.

The purpose of this Request for Proposal (RFP) is to obtain competitive offers from qualified firms interested in providing special inspection services for the Beaverton High School Replacement and Renovation project.

2. PROJECT DESCRIPTION.

The Beaverton School District is embarking on the re-development of Beaverton High School located at 13000 SW 2nd St, Beaverton, OR 97005. Beaverton High School is located in downtown Beaverton, west of Hall Boulevard and south of Farmington Road. The original building was constructed in 1916 and has been modified significantly over the years. The existing main building will initially remain in place and occupied while a new building is constructed adjacent. The existing building will then be demolished.

The new High School building and associated facilities will support up to 1500 students with a complete academic curriculum. The completed project will replace all buildings and facilities onsite, except for the cafeteria building and concession stand. The new buildings must be in alignment with the District’s educational specifications and technical standards. The building will be approximately 320,000 square feet.

BRIC Architecture with Interface Engineers have been selected as the project Architect, and design is currently in the Schematic Design phase.

The new school in intended to be open and operational by August 2026 with site work finishing the following year. The overall project budget is approx. $253 million. The school district intends to use the Construction Manager /General Contractor (CM/GC) method for construction of this project.

3. PROJECT SCHEDULE:

Construction Schedule Milestones Dates Construction Start Date April 2024 New Building Substantially Complete July 6, 2026 All Construction Substantially Complete July 30, 2027 Final Completion December 2027

4. SPECIAL INSPECTIONS SERVICES:

The District will require special inspections and material sampling as indicated in the contract documents.

Review the documents carefully to provide a detailed scope of work listing the inspections you expect to perform, a not-to-exceed associated fee, a breakdown of each type of inspection with its price unit, and schedule of your hourly rates. Include any estimated reimbursable costs. At a minimum, you must provide the following units costs:

a. Concrete/Rebar Inspections

b. Masonry Inspection

c. Structural Steel Inspection (Onsite Only)

d. Cold-formed steel framing Inspection

e. Proprietary Anchors (screw, wedge, & epoxy anchors)

f. Suspended Ceiling Inspections

g. Spray applied fireproofing inspection

h. Firestopping inspection

i. Asphalt compaction inspection

j. Lab Testing costs

i. Concrete Cylinders

ii. Mortar Cylinders

iii. Grout Prism

iv. CMU Prism

v. Pick-up charges

k. Administrative

i. Attending a 1 hour onsite pre-con meeting for footings, tilt pour, and steel erection

ii. Project management/administrative hour

iii. Summary/Final Letter

5. BUSINESS EQUITY. The Proposer understands that the District maintains a goal of engaging Disadvantaged, Minority, Women, Emerging Small and Service Disabled Veteran owned business enterprises (D/M/W/ESB/SDV) as service providers in delivering services necessary to implement our bond program.

The District aspires to a goal of fifteen (15) percent D/M/W/ESB/SDV content, by contract value, in completing our capital bond work, and the Consultant shall expend reasonable efforts to reach this goal in the total value of their contracts with the District.

1. SELECTION PROCEDURE:

The District intends to procure the Services described herein using the Informal Selection Procedure pursuant to OAR 137-048-0210. Should circumstances require, the District may use this RFP to procure the Services using the Formal Selection Procedure pursuant to OAR 137-048-0220.

2. PRE-PROPOSAL CONFERENCE:

a. Purpose. The pre-proposal conference is conducted with potential Proposers present to explain and discuss the Solicitation requirements.

b. Required Attendance. If the District pre-proposal conference is mandatory (as indicated on the Summary Page), a proposal submitted by a Proposer who did not attend the mandatory pre-proposal conference will be rejected.

c. Statements Not Binding. Statements made by the District's representative at the pre-proposal conference do not change the Solicitation Document unless the District confirms such statements with a written Addendum.

3. SOLICITATION PROTEST AND REQUEST FOR CHANGE:

Proposers may submit a written protest of anything contained in this Solicitation and may request a change to any provision, specification or Contract term contained in the Solicitation, no later than the date listed in the Project Milestones Section 1(7) above. Each protest and request for change must include the reasons for the protest or request, and any proposed changes to the Solicitation provisions, specifications or Contract terms. The District will not consider any protest or request for change that is submitted after the submission deadline. Protest shall be delivered to the Purchasing Manager by email (contracts@beaverton.k12.or.us). Any changes to the Solicitation will be made and issued via an Addendum pursuant to Paragraph 6 in this section. Failing to timely submit an objection to any of the terms included in this solicitation, or any of the Attachments, and submitting a proposal indicates agreement and acceptance of all such terms and conditions.

4. AWARD SELECTION PROTEST:

Proposers may Protest Consultant Selection.

a. Single Award. In the event of an award to a single Consultant, the District shall provide to all Proposers a copy of the selection notice that the District sent to the highest scoring Proposer. A Proposer who claims to have been adversely affected or aggrieved by the selection of the highest scoring Proposer may submit a written protest of the selection to the District no later than seven (7) calendar days after the date of the Notice of Intent to Award a Contract. Only a Proposer who is in a position to be awarded a contract if their Protest is successful may submit a Protest. A Proposer submitting a protest must demonstrate that the protesting Proposer is the highest scoring Proposer because the Proposal of the highest scoring Proposer failed to meet the requirements of the Solicitation, or because the highest scoring Proposer is not qualified to perform the services requested in the solicitation.

b. Effect of Protest Submission Deadline. The District will not consider any protest that is submitted after the submission deadline.

c. Resolution of Protests. The Purchasing Manager shall resolve all timely submitted protests within a reasonable time following the District's receipt of the protest and once resolved, shall promptly issue a written decision on the protest to the Proposer who submitted the protest. If the protest results in a https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=266357 https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=266357 smithel Rectangle smithel Rectangle smithel Typewritten Text

SECTION III- INSTRUCTIONS TO PROPOSERS

change to the Solicitation or a change in the Notice of Intent to Award, the District shall revise the Solicitation or the Notice of Intent to Award accordingly and shall issue an addendum in accordance with these rules. If the protest results in a change that effects the Solicitation beyond the ability to issue an addendum to correct the issues raised in the protest, the District may cancel the Solicitation and re-advertise after correction of the issue(s).

5. SOLICITATION CANCELLATION:

The District may cancel, delay or suspend a solicitation, or reject all Proposals, if the District believes it is in the public interest to do so. In the event of any such cancellation, delay, suspension or rejection, the District is not liable to any Proposer for any loss or expense caused by or resulting from any such cancellation, delay, suspension or rejection. Proposers responding to solicitations are responsible for all costs they may incur in connection with submitting Proposals.

6. ADDENDA: Pursuant to OAR 137-047-0430

a. Issuance; Receipt. The District may change this Solicitation only by Written Addenda. A Proposer must provide written acknowledgement of receipt of all issued Addenda in the space provided on the Proposer Certification Form (Attachment A).

b. Notice and Distribution. The District will post any and all Addenda via the Oregon Buys website.

c. It is the Proposers’ responsibility to inquire about Addenda; Proposers should frequently check the Oregon Buys website until the Solicitation Closing (due date and time) about any Addenda issued.

d. Timelines; Extensions. The District shall issue Addenda within a reasonable time to allow prospective Proposers to consider the Addenda in preparing their Proposal. The District may extend the Closing if the District determines prospective Proposers need additional time to review and respond to Addenda.

e. The District shall not issue an addendum within 72 hours of the Closing without also extending the Closing date and time.

7. ADDITIONAL REQUIREMENTS:

a. The District reserves the right to seek clarifications of submitted Proposals, which may or may not affect the evaluation scoring;

b. The District reserves the right to negotiate a final Contract that is in the best interest of the District;

c. The District reserves the right to reject any or all Proposals, and the right to cancel the Solicitation at any time if doing either would be in the public interest as determined by the District;

d. Proposers responding to this Solicitation do so solely at their expense, and the District is not responsible for any Proposer expenses associated with the Solicitation;

e. Failure of the District to insist on strict performance of any one provision of this solicitation or the resulting contract, shall not constitute a waiver of any/all of the provisions of this Solicitation or resulting Contract, or waiver of any other default of the Proposer.

8. RECEIPT, OPENING, AND RECORDING OF PROPOSALS:

a. The District shall electronically open each Proposal received at the stated date and time of Closing. This will complete all requirements for a public bid opening, and the District will post a list of all proposals received by the end of the next business day after the Closing. The District shall not be responsible for a Proposal that is not properly addressed and/or identified, and subsequently not included in the opening of the Proposals.

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9. TIES AMONG PROPOSERS:

If the District is selecting a Consultant on the basis of price alone, or on the basis of price and qualifications, and determines after the scoring of Proposers that two or more Proposers are identical in terms of price or are identical in terms of price and qualifications, then the District shall follow the procedure set forth in OAR 137-046-0300, (Preferences for Oregon Goods and Services), to select the Consultant.

10. NOTICE OF INTENT TO AWARD:

The District shall provide a written Notice of Intent to Award (NOI) to all Proposers at least SEVEN (7) calendar days before the Award of a Contract, unless the District determines that circumstances require prompt execution of the Contract. The District's Award must not be final until the latter of the following:

The District determines that the contract must be executed as quickly as possible, not less than SEVEN (7) calendar days after the date of the NOI, or until the District provides written response to all timely filed protests denying the protest(s) and affirming the Award.

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 as well as a complete unredacted copy 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.

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SECTION IV – RESPONSE AND EVALUATION

1.31.24

1. INTRODUCTION:

This section prescribes the mandatory submission format for Proposals submitted in response to this Solicitation. The purpose of the submission format is to ensure uniformity of the information from each Proposer and to aid in clear understanding and evaluation of all Proposals submitted.

2. PROPOSAL FORMAT:

a. Applicants must submit an electronic copy.

i. Electronic copy shall be in a searchable PDF or MSWord format.

ii. Brochures or other promotional presentations beyond those sufficient to present a complete and effective submission of responses related to the evaluation criteria cited below are not desired.

Elaborate artwork and expensive visuals are not necessary.

iii. The proposal shall be no more than 5 digital pages, each equivalent to a standard 8.5” x 11” sheet of typical office paper.

iv. The proposal shall include the following attachments which will not count toward the page count as specified above:

a. Staff team member resumes

b. Fee Matrix

c. Overall fee proposal

d. Required attachments A through E

b. Concise and direct answers are encouraged.

c. Failure to submit the Proposal in accordance with the provisions of the Solicitation document shall be grounds to declare the submission nonresponsive. Failure to provide any information requested in the Solicitation may result in rejection of the submission.

d. Proposals may only be submitted electronically via email to: contracts@beaverton.k12.or.us.

e. All proposals are public information and may be disclosed to the public as required under the Oregon

Public Records Statutes. If a Proposer wishes to have any part of their proposal not disclosed because the information is “Proprietary” or “Confidential,” they must submit a separate copy of their proposal clearly marked as “Redacted Copy”. (see Section III Par 11). If copies of Proposals are requested through a Public Records Request, the District will submit the redacted document to the Washington County District Attorney’s Office for review. Their decision will be final.

3. PROPOSAL CONTENT REQUIREMENTS:

Consultants must provide a reply to each of the following items. Provide a concise but complete response to each of the following criteria areas. Information should be focused on project/team/approach specific details not industry standard design practices. Do not assume the District has any prior knowledge of the Proposer.

Proposal response must be in the same order as presented below:

DETAILED PROPOSAL CONTENT REQUIREMENTS:

1) Firm’s Special Inspections Experience and Qualifications (25 points): Provide a listing of recent experience with k-12 education projects for the public sector. Provide at least 3 projects within the last 10 years. The best responses will include K-12 projects with size and, scope similar to the BHS Replacement. Experience with the Beaverton School District on large new construction or major renovation projects with the City of Beaverton’s jurisdiction is also desirable. Information on these projects should also include the following:

Name of the Owner, or Owner’s Representative, contact person, and current phone number. At the discretion of the review committee, references may be called.

The architect, contact person, and current phone number. At the discretion of the review committee, references may be called.

The General Contractor, contact person, and current phone number. At the discretion of the review committee, references may be called.

Location of the project and completion date.

Provide a brief description of the job, including testing/inspections performed, project square footage, construction type and, team members who worked on the project.

2) Personnel Experience, Qualifications, and Project Commitment (25 points): Provide a project organization chart showing your proposed staff for this job, including all office and field.

Include resumes, as attachments, not to be included in page count, for all individuals listed in the chart. Indicate the proposed percentage that each person will work on this project during the Construction phases of the project. The resumes must include each individual’s education/certifications, work history, length of tenure with the firm, prior experience with similar projects and any experience working with public or private sector jobs. Please create a personnel table that demonstrates the amount of time each team member will be spending on the project at each phase and how that compares to their total band-width. The best responses will include team members that have worked together previously and/or have worked on the projects exemplified in the experience section.

By listing individuals in the proposal, the firm guarantees that these individuals will be available to work on the project at the approximate percentages shown. Beaverton School District reserves the right to approve or reject any changes to the proposed personnel. Beaverton School District further reserves the right to request a substitution of personnel, at any time within the project, if deemed to be in the best interest of the District.

3) Fee Matrix (50 points):

Complete the below table for the required unit prices and estimated quantities/type:

Description Type Est.Qty.* Unit Prices Extended unit price Field Inspections Concrete/Rebar Inspection Hourly 200 Masonry Inspection Hourly 50 Structural Steel Inspection (Onsite)

Hourly 180

Cold-Form Steel Frame Inspection

Hourly 15

Proprietary Anchors Hourly 40 Suspended Ceiling Inspection Hourly 15 Spray Applied Fireproofing Inspection

Hourly 10

Firestopping inspection Hourly 10 Asphalt Compaction Inspection Hourly 12 Lab Testing Concrete Cylinders Set of 6 150 Mortar Cylinders Per test 5 Grout Prism Per test 20

CMU Prism Per test 6 Concrete/Mortar Pick-up Per pickup

Administrative Attending Preconstruction Meeting

Hourly 3

Project Manager Hourly 20 Administrative Hourly 40 Summary Letter Each 1

*These estimated quantities will be used for evaluation purposes only and are not representative of the actual project requirements.

4) Provide overall fee for services with detail backup showing hours and rates. This is a pass/fail requirement.

Provide a fee schedule for hourly rates, including overhead rates and employee titles.

The lowest sum will be awarded full points for this section, each subsequent proposal will be awarded a portion of the points possible based on their ratio to the lowest proposal.

Proposals will also be evaluated on unit pricing using a scoring model. The unit prices from the proposal will be plugged into the model.

4. SCORING

Evaluation Criteria: Points Possible

Firms Special Inspections Experience and Qualifications

Personnel Experience, Qualifications, and Project Commitment

Fee Matrix 50

Overall Fee Proposal Pass/Fail

Total Possible Points: 100

5. EVALUATION OF PROPOSALS:

The district will convene a committee composed of district stakeholders, the project management team and design teams to review the submitted proposals and award points to each section of the proposals based on the criteria above. The above table defines the points possible for each section. The firm which achieves the highest score out of 100 possible points will be awarded the Contract.

SECTION V – ATTACHMENTS

1.31.24

PROPOSAL SUBMISSION CHECKLIST

ALL CERTIFICATIONS, FORMS AND PROPOSAL CONTENT REQUIREMENTS AS SPECIFIED IN SECTION IV

MUST BE INCLUDED IN PROPOSALS.

____ REQUIRED AFFIDAVIT, CERTIFICATIONS AND FORMS

The following completed certifications and forms must be signed by the person authorized to represent the Proposer regarding all matters related to the Proposal and authorized to bind the Proposer to the agreement.

Failure to submit any of the required, completed and signed certifications/forms shall result in disqualification of the proposing firm.

___ PROPOSER CERTIFICATION - This serves as the cover sheet for your Proposal. (Attachment A)

___ AFFIDAVIT OF NON-COLLUSION / COMPLIANCE WITH TAX LAWS. (Attachment B)

___ NON-CONFLICT OF INTEREST CERTIFICATION. (Attachment C)

___ PROPOSER RESPONSIBILITY FORM – All Pages. (Attachment D)

___ PROPOSER REFERENCE FORMS – Include the # specified on the form. (Attachment E)

____ RESPONSES TO DETAILED PROPOSAL CONTENT REQUIREMENTS

The following attachment(s) are NOT to be returned with the Proposal. The content of these attachment(s) must be reviewed by the Proposer. The terms and conditions will apply to the Contract to be executed for the work.

ATTACHMENT F Sample Consultant Services Contract

This checklist is provided for the Proposer’s convenience in assembling your proposal and is NOT required to be returned with the proposal.

ATTACHMENT A

Solicitation No: RFP 23-0019

1.31.24

PROPOSER CERTIFICATION

Respectfully submitted this __________day of ________________________, 20_____.

Signature:

Name: Phone:

(Please type or print)

Title:

Email Address:

Firm/Company Name:

Physical Address:

City, State, Zip: ___________________________________________________

1. The Proposer certifies that he or she has read and understands all terms and conditions of this solicitation.

2. The Proposer acknowledges that the person that signs this Certification is fully authorized to sign on behalf of the Proposer listed and to fully bind the Proposer to all conditions and provisions thereof.

3. The Proposer certifies that Proposer has complied or will comply with all requirements of local, state, and national laws, and that no legal requirement has been or will be violated in making or accepting this RFP.

4. The Proposer holds a certificate from the Oregon State Board of Architect Examiners, the Oregon State Landscape Architect Board, or the Oregon State Board of Examiners for Engineering and Land Surveying as applicable:

Registration #: ___________________.

5. The Proposer, pursuant to ORS 279A.120 (1), (check one) is_________/is not________ a resident Bidder.

If not, indicate State of residency________________________.

6. The Proposer certifies that it has not discriminated and will not discriminate, in violation of ORS 279A.110, against any disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certified under ORS 200.055 in obtaining any required subcontract.

7. The Proposer agrees to comply with Oregon tax laws in accordance with ORS 305.385.

8. The Proposer acknowledges receipt of the following addenda: (list by number and date appearing on addenda.)

Addendum Number Date Addendum Number Date

Sign

ATTACHMENT B

Solicitation No: RFP 23-0019

AFFIDAVIT OF NON-COLLUSION / COMPLIANCE WITH TAX LAWS

Proposer: ______________________________________

I state that:

(1) The correct taxpayer identification numbers are:

A. Federal Employer ID Number (EIN):_________________B. Employer’s Oregon ID Number:_________________

(2) Proposer is not subject to backup withholding because (i) Proposer is exempt from backup withholding, (ii)

Proposer has not been notified by the IRS that Proposer is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Proposer that Proposer is no longer subject to backup withholding;

(3) The price(s) and amount of this proposal shall be arrived at independently and without consultation, communication or agreement with any other consultant, proposer or potential proposer, except as disclosed on the attached appendix.

(4) That neither the price(s) nor the amount of this proposal, and neither the approximate price(s) nor approximate amount of this proposal, shall be disclosed to any other firm or person who is a proposer or potential proposer, and they will not be disclosed before Contract award.

(5) No attempt has been made or will be made to induce any firm or person to refrain from proposing on this contract, or to submit any noncompetitive proposal or other complementary proposal.

(6) The proposal of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal.

(7) _________________________________________ (name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to proposing on any public contract, except as described in the attached appendix.

I state that ________________________________________________ (name of firm) understands and acknowledges that the above representations are material and important, and will be relied on by the Beaverton School District in awarding the contract(s) for which this proposal is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Beaverton School District of the true facts relating to the submission of proposals for this contract. I am authorized to act on behalf of Proposer, and have authority and knowledge regarding Proposer's payment of taxes, and to the best of my knowledge, Proposer is not in violation of any Oregon tax laws, including, without limitation, those tax laws listed in ORS 305.380(4); the elderly rental assistance program under ORS 310.630 to 310.706; and any local taxes administered by the Oregon Department of Revenue under ORS 305.620.

(Affiant’s Signature)

STATE OF OREGON

County of _________________________________

Signed and sworn to before me on ___________________________ by ______________________________________ (date) (Affiant’s name)

Notary: ____________________________________

My Commission Expires: _________________________

ATTACHMENT C

Solicitation No: RFP 23-0019

1.31.24

NON-CONFLICT OF INTEREST CERTIFICATION

Issuing Agency: Beaverton School District

I, hereby certify I have read the statement defining conflict of interest as quoted below; that I understand the statement; that no conflict of interest exists as therein defined, which precludes an impartial Bid/Proposal to be submitted by myself or the entity/company for which the Bid/Proposal is submitted, and that if such a conflict should arise, I will immediately notify the Beaverton School District and disqualify my Bid/Proposal.

"NO OFFICER, EMPLOYEE, OR AGENT OF THE BIDDER/PROPOSER HAS ANY PERSONAL FINANCIAL INTEREST, DIRECT OR INDIRECT, IN THE OPERATION OF THE BEAVERTON SCHOOL DISTRICT OR WITH

ANY PARTY CONNECTED WITH THE OREGON SCHOOL AND DISTRICT IMPROVEMENT NETWORK,

DIRECTLY OR INDIRECTLY."

Signature: ______________________________________________________

Name: ______________________________________________________ (Please type or print)

Title: ______________________________________________________

Firm/Company Name: ____________________________________________ (Please type or print)

Date: ______________________________________________________

ATTACHMENT D

Solicitation No: RFP 23-0019

1.31.24

PROPOSER RESPONSIBILITY FORM

(CONTRACTOR’S QUALIFICATIONS AND FINANCIAL INFORMATION)

DECLARATION AND SIGNATURES

The undersigned hereby declares that the he or she is duly authorized to complete and submit this Proposer Responsibility Form and that the statements contained herein are true and correct as of the date set forth below. Incomplete, incorrect or misleading information will be reason for a determination by the District of Proposer non-responsibility.

Date:

Signature:

Name:

(Please type or print)

Title:

(Please type or print)

Firm/Company:

(Please type or print)

Instructions

1. The information provided in this form is part of the District inquiry concerning proposer responsibility. Please print clearly or type.

2. If you need more space, use plain paper. Submit completed form with proposal response.

3. Answer all questions. Submission of a form with unanswered questions, incomplete or illegible answers may result in a finding that the Proposer is not a responsible Proposer.

Solicitation No: RFP 23-0019

SECTION I –RELIABILITY

Has your company ever been declared in breach of any contract for unperformed or defective work? Yes: __ No: __

If “yes”, explain:

Has any employee or agent of your company ever been convicted of a criminal offense arising out of obtaining, attempting to obtain, or performing a public or private contract or subcontract? Yes: __ No: __

If “yes”, explain:

Has any employee or agent of your company been convicted under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty? Yes: __ No: __

If “yes”, explain:

Has your company or any employee or agent of your company been convicted under state or federal antitrust laws? Yes: __ No: __

If “yes”, explain: __________________________________________________________________________

Has any Officer or Partner of your organization ever been an Officer or Partner of another organization that failed to complete a contract? Yes: __ No: __

If “yes”, explain:

Solicitation No: RFP 23-0019

SECTION II – FINANCIAL

RESOURCES

Has your firm ever been at any time in the last ten years the debtor in a bankruptcy case? Yes: __ No: __

If “yes”, explain:

Does your firm have any outstanding judgments pending against it? Yes: __ No: __

If “yes”, explain:

In the past ten years, has your firm been a party to litigation, arbitration or mediation where the amount in dispute exceeded $10,000? Yes: __ No: __

If “yes”, explain:

In the past ten years, has your firm been a party to litigation, arbitration or mediation on a matter related to work performance on a contract? Check “yes” even if the matter proceeded to arbitration or mediation without court litigation. Yes: __ No: __

If “yes”, explain (include court, case number, and party names:

Have you or any of your affiliates discontinued business operation with outstanding debts? Yes: __ No: __

If “yes”, explain:

Solicitation No: RFP 23-0019

SECTION III – KEY PERSONNEL

List the principal individuals of your company, their current job title, the total years of experience they have in the industry and their current primary responsibility for your company. Corporations list current officers and those who own 5% or more of the corporation’s stock. Limited liability companies list members who own 5% or more of the company. Partnerships list all partners. Joint ventures list each firm that is a member of the joint venture and the percentage of ownership the firm has in the joint venture.

ITEM Principal Individual

A. Name

B. Position

C. Years in Position

D. Current Primary Responsibility

ITEM Principal Individual

A. Name

B. Position

C. Years in Position

D. Current Primary Responsibility

ITEM Principal Individual

A. Name

B. Position

C. Years in Position

D. Current Primary Responsibility

ITEM Principal Individual

A. Name

B. Position

C. Years in Position

D. Current Primary Responsibility

Person who will be in direct charge of work if your company is awarded this Contract:

ITEM PERSON IN DIRECT CHARGE

A. Name

B. Position

C. Years in Position

D. Largest Project Supervised -$

E. Largest number of employees ever supervised

ATTACHMENT E

Solicitation No: RFP 23-0019

PROPOSER REFERENCE FORM

PROPOSER REFERENCE FORM FOR

(Insert Name of Proposer)

Proposer shall provide three (3) references and shall use a separate copy of this form for each reference.

Date(s) Work Performed:

Name(s) of Project(s):

Value of Project(s): $

Name of Company:

Address:

Contact Name:

Telephone:

Email:

Method: Subjective Evaluation

Each reference may be checked for, but not limited to, adherence to contract terms and conditions, timelines, quality standards, overall customer service, project being of similar size, scope and complexity.

Requisition # _______________

CONSULTANT SERVICES CONTRACT

This Contract is made and entered into by and between: Contract No.

Consultant/Company Name Address:

Beaverton School District 1260 NW Waterhouse Ave Beaverton, Oregon 97006 Attn: Procurement and Contracting

SCOPE OF WORK: [Vendor Name} (“Provider”) to provide the Beaverton School District (“District”) with (scope) as detailed in (Exhibit B) District’s Statement of Work and (Exhibit C) Consultant proposal dated XXX.

SUPERSEDING EFFECT:

There are no covenants, promises, Contracts, conditions or understandings between the Parties, either oral or written, other than those contained in this Contract. This Contract and all exhibits and attachments hereto together constitute the entire Contract between the Parties (listed in order of precedence): 1) Amendments to this Contract; 2) this Contract; 3) Exhibit A Terms and Conditions; 4) Exhibit B Statement of Work; 5) Exhibit C Consultant Response

Any Consultant Response (proposals) attached to this Contract are incorporated solely for:

(i) any statement of fees and schedule that is consistent with the terms of the Solicitation, this Contract and Exhibit A to this contract and

(ii) any statement of Consultant’s and its sub-consultants’ scope of services that is consistent with the remainder of this

Contract, or that provides basic services in addition to those stated in this Contract.

(iii) No other provisions of any proposal are part of this Contract, including without limitation any purported limitation on liability.

(iv) To the extent that a proposal term otherwise conflicts with the terms of this Contract or is not included in this Contract, such proposed terms are void and are expressly and wholly subject to the terms of this Contract.

(v) In the event of overlap or inconsistency between the provisions of such proposals and the other terms of this Contract, the provision that provides a better quality or quantity of service to the District shall control.

CONSIDERATION: The District agrees to pay the Consultant for Work performed in a satisfactory manner a total sum not to exceed $XXXX.XX on a time and materials basis. The Consultant must submit one invoice at the completion of the Work or must submit an invoice for Work performed at the specific intervals agreed upon by the District (monthly, quarterly, or annually). The Contract number above shall be included on all invoices and correspondence relating to this Contract.

CONTRACT START DATE: Upon Contract Execution

SUBSTANTIAL COMPLETION: FINAL COMPLETION:

DISTRICT REPRESENTATIVE:

The District Representative for this contract is: [Name], [TITLE], at @beaverton.k12.or.us, (503)356-.

In consideration of the mutual covenants, stipulations and agreements, the Parties hereto do Contract and acknowledge that they have read and understand this Contract and agree to be bound by its terms and conditions:

Beaverton School District

District Representative Date

Cost Center Authority Date

Contracting Authority Signature Date Procurement and Contracting

Consultant Name

Contract Authority Signature Date

Print Name Title

Email Phone

Not a valid Contract until all signatories are complete This contract is pursuant to Oregon Revised Statutes (ORS 279 A, B and C) and Beaverton School District Public Contracting Rules smithel Text Box

SAMPLE

EXHIBIT A – Terms and Conditions – Consultant Services Contract

CSC 2020.02.05

Exhibit A - Page 1

1. ASSIGNMENT. The Consultant may not assign, sell, dispose of, or transfer rights or subcontract Work under the Contract, either in whole or in part, without the District's prior written consent.

2. AUTHORITY. The Consultant represents and warrants that it has the power and authority to enter into and perform the Contract and that the signer of this Contract has the authority to bind and obligate the Consultant.

3. CHANGES. The terms and conditions contained in this Contract may not be added to, modified, superseded or otherwise altered except by a written modification signed by an authorized representative of the District and Consultant.

4. COMPLIANCE WITH LAWS. If the Consultant fails to comply the District shall have the right to terminate this Contract.

a. Consultant shall comply with all federal, state and local laws, regulations, executive orders and ordinances as applicable. All laws, regulations and executive orders applicable to the Contract are incorporated by reference where so required by law.

b. Consultant expressly agrees to comply with: (i) Title VI and VII of Civil Rights Act of 1964, as amended; (ii) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended; (iii) the Americans with Disabilities Act of 1990, as amended, and ORS 659.425; (iv) Executive Order 11246, as amended; (v) The Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended; (vi) The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended; (vii) ORS Chapter 659, as amended;

(viii) all regulations administrative rules established pursuant to the foregoing laws; (ix) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations; and (x) all federal and state laws governing the handling, processing, packaging, storage, labeling, and delivery of food products, if applicable.

c. Consultant shall comply with the provisions of ORS 279B.020 – Maximum hours of labor.

d. Consultant, its sub Consultants, and all employers providing work, labor or materials under this Contract are subject to the Oregon workers' compensation law and shall comply with ORS 656.017, which requires them to provide Oregon workers' compensation coverage that satisfies Oregon law for all their subject workers. Consultant shall be responsible for all federal or state taxes applicable to compensation or payments paid to Consultant under this Contract. Consultant certifies that (i) it is not an employee of the District; (ii) if Consultant is currently performing work for the District or the federal government, Consultant's work to be performed under this Contract creates no potential or actual conflict of interest as defined by ORS 244; and (iii) if this payment is to be charged against federal funds, it is not currently employed by the federal government.

e. Consultant must certify compliance with the Oregon tax laws in accordance with ORS 305.385.

5. CONFIDENTIAL INFORMATION: Consultant acknowledges that it or its employees, sub-consultants, sub Consultants or agents may, in the course of performing their responsibilities under this Contract, be exposed to or acquire information that is the confidential information of District or District’s clients. Any and all information provided by District and marked confidential, or identified as confidential in a separate writing, that becomes available to Consultant or its employees, sub-consultants, sub Consultants or agents in the performance of this Contract shall be deemed to be confidential information of District (“Confidential Information”). Any reports or other documents or items including software, that result from Consultant’s use of the Confidential Information and any Work Product that District designates as confidential are deemed Confidential Information. Confidential Information shall be deemed not to include information that: (a) is or becomes (other than by disclosure by Consultant) publicly known; (b) is furnished by District to others without restrictions similar to those imposed by this Contract; (c) is rightfully in Consultant’s possession without the obligation of nondisclosure prior to the time of its disclosure under this Contract; (d) is obtained from a source other than the District without the obligation of confidentiality; (e) is disclosed with the written consent of the District; or (f) is independently developed by employees or agents of Consultant who can be shown to have had no access to the Confidential Information.

a. NON-DISCLOSURE. Consultant agrees to hold Confidential Information in strict confidence, using at least the same degree of care that Consultant uses in maintaining the confidentiality of its own confidential information, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the provision of Services to the District under this Contract, and to advise each of its employees, sub consultants, sub Consultants and agents of their obligations to keep smithel

Exhibit A - Page 2

Confidential Information confidential.

Consultant shall use its best efforts to assist the District in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Consultant shall advise the District immediately in the event Consultant learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Contract and Consultant will at its expense cooperate with the District in seeking injunctive or other equitable relief in the name of the District or Consultant against any such person. Consultant agrees that, except as directed by the District, Consultant will not at any time during or after the term of this Contract disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Contract, and that upon termination of this Contract or at the District’s request, Consultant will turn over to the District all documents, papers, and other matter in Consultant's possession that embody Confidential Information.

b. INJUNCTIVE RELIEF. Consultant acknowledges that breach of this Section, including disclosure…