ITB-2425-111 Rex Putnam High School Chiller Replacement Project 00 DOCS.pdf

NORTH CLACKAMAS SCHOOL DISTRICT NO. 12

INVITATION TO BID

FOR

REX PUTNAM HIGH SCHOOL CHILLER REPLACEMENT

PROJECT

SOLICITATION # 2425-111

Bid Issued: December 27, 2024

Site Meeting: January 8, 2025

Bid Due Date: January 21, 2025

Bid Opening: January 21, 2025

For further information regarding this project:

Contact: Megan Jelley Senior Purchasing Specialist

Email: jelleym@nclack.k12.or.us

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Invitation to Bid process. The contact point is the District Purchasing Office, and the contact person is the Purchasing Specialist listed above, unless otherwise stated. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Purchasing Specialist. The District’s official response to any questions or requests will be in writing through direct letters or the Addendum process.

The North Clackamas School District requests bids for the above-referenced project. The scope of the project includes the complete replacement of the chiller system at Rex Putnam High School including the removal and disposal of the current system and various components as identified on the solicitation documents prepared by System Design Consultants, Inc.

The Mandatory Pre-Bid meeting will be held on Wednesday, January 8, 2025 at 3:30 PM at the below address:

Rex Putnam High School 4950 SE Roethe Rd Milwaukie, OR 97267

Any statements made by the District or its representatives at the pre-bid meeting will not be binding on the District unless confirmed by addendum.

Protests, Technical Questions, Requests for Clarification or Changes of Specifications and/or Bidding Requirements, including Substitution Requests, must be received by the purchasing specialist in writing no later than seven (7) calendar days prior to bid closing date and time.

Sealed bids shall be submitted by 2:45 PM Pacific Time, on Tuesday, January 21, 2025 to Megan Jelley, Purchasing Specialist, North Clackamas School District, 12400 SE Freeman Way, Milwaukie, OR 97222. Bids received after this time and date will not be accepted. No faxed bids will be accepted. Electronic bids will be accepted if received by the deadline. The District is not responsible for late or delayed bids due to electronic delivery. Electronic bids can be emailed to jelleym@nclack.k12.or.us. Bids will be opened immediately thereafter. There will not be an in-person public bid opening, bidders can request to be included in a virtual bid opening via Google Meets.

First-tier subcontractor lists, if applicable, shall be submitted, preferably in a separate envelope (or email), by 4:45 PM Pacific Time, on January 21, 2025.

Bids received after the 2:45 PM Pacific Time submission time, and bids that are not accompanied with the required subcontractor's list (Section 004400), if applicable, by 4:45 PM Pacific Time, will not be considered.

Bidders may obtain electronic copies of Bidding Documents at no charge from the Oregon Buys website: http://oregonbuys.gov

The North Clackamas School District encourages bids from Minority, Women, Emerging Small Businesses, and Service-Disabled Veteran Owned Businesses.

Resulting contract is a Public Work, ORS 279C.800 though 279C.870, BOLI Prevailing Wage Rates are applicable. Prevailing Wage publication applicable to this contract is the Prevailing Wage Rates for Public Works Contracts effective July 5, 2024 and amended October 5, 2024.

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

DOCUMENT 00 20 00

INSTRUCTIONS TO BIDDERS

1.1 Bid Preparation:

North Clackamas School District strives to conduct its business in an environmentally sensitive, sustainable and responsible way. Pursuant to this policy, the District encourages the bidder to submit their bid using materials (i.e. paper, dividers, binders, brochures, supplemental information, etc.) that contain postconsumer recycled content and are readily recyclable. Use of materials that cannot be readily recycled, such as PVC (vinyl) binders, spiral bindings, plastic or glossy covers and/or dividers is discouraged. Further, bidders are strongly encouraged to duplex print whenever possible. Color printing is acceptable, but not required unless content will not display correctly.

A. Compliance. All bids must be properly marked, sealed and received by the District’s Office (“NCSD” or “the District” herein used synonymously with the term "OWNER" as used in the General Conditions) prior to the bid closing time and date. Bids that are received after the bid closing time and date will not be considered.

All bid and pricing information shall be typewritten or in ink and shall be signed in ink by an authorized representative of the company. Alterations (including white out) or erasures shall be initialed in ink by the person signing the bid.

B. Product Quality. Brand names, when used, indicate quality desired. Alternate brands must be of equal quality, merit and utility as determined in the District's sole judgment.

C. Method of Bidding – Base Bid and Alternates. Bid evaluation will be based on lowest total of base bid modified by Owner accepted alternates. Bidders must bid upon all alternate bid items.

NCSD reserves the right to reject stipulated and/or unbalanced bids that are determined by NCSD to not be in its best interest.

D. Examination of Plans, Specifications, and Work Site. It is understood that a Bidder, before submitting a bid, has made a careful examination of all plans, specifications and contract documents; that the Bidder has a complete understanding of the quality and quantity of materials and the character of the work required; and that the Bidder has made a careful examination of the location and conditions of the worksite and the sources of supply for materials.

It is further understood that a bid awarded hereunder is subject to the District being able to (1) comply with all zoning ordinances, or obtain rezoning of the property where necessary; and (2) comply with local building code restrictions and conditions for the structure or structures contemplated in the bid; any or all of which conditions may be contained in the contract and may result in termination of the contract, if such conditions are not satisfied. The District will in no case be responsible for any loss or for any unanticipated costs that may be incurred by the Contractor as a result of the

Contractor's failure to acquire full information about work conditions prior to submitting an offer to perform the work.

E. Substitutions. When a brand name is required by the specifications, all Bidders shall provide the specified product unless another product or products is/are of equal quality, merit and utility (as determined in the District's sole judgment). Bidders may be required to provide information to the District to determine product acceptability prior to award of Contract. Substitution requests must be submitted by the prime contractor who will be submitting a bid to the District. Substitution requests from subcontractors will not be considered.

F. Interpretation of Contract Documents. If a Bidder finds discrepancies in, errors or omissions from the plans, specifications or contract documents, or has doubt as to their meaning, the Bidder shall at once notify the District. The District will then investigate the validity of the claim, and will determine whether an addendum will be issued (see Protest or Request for Changes of Specifications and/or Bidding Requirements below).

G. Protest or Request for Clarification/Changes of Specifications and/or Bidding Requirements (NCSD Rule 49-0260). Bidders may, in writing, protest or request changes or clarification of any bid specifications or contract terms. Unless stated differently in the bidding document, this written protest or request must be received by the District no later than seven (7) days prior to the bid closing date. The written protest or request shall include a detailed statement of the legal and factual grounds for the protest; a description of the resulting prejudice to the Offeror; and, a statement of the desired changes to the Contract terms and conditions, including any Specifications.

Envelopes containing bid protests shall be marked as follows:

Bid Specification Protest or Request for Change Bid Number: ITB-2425-111

H. Filling in Bid Forms. The bid response shall be made on the form provided in the Invitation to Bid and as prescribed by the District. The Bidder may not alter, modify or change the bid form except as directed by bid addendum. Any other form of offer is invalid. Bidders are required to use the form provided within the Invitation to Bid, Section 00400.

Bids may be rejected if they contain any recapitulation or restating of the work to be done, disclaimers, exceptions or other limitations or stipulations.

I. Bids are Offers. The bid is the Bidder's offer to enter into a contract, which, if the bid is accepted for award, binds the Bidder to a contract and the terms and conditions contained in the Invitation to Bid. A Bidder shall not make the bid contingent upon the District's acceptance of specifications or contract terms that conflict with or are in addition to those required in the Bid Documents (except as noted in Time for Bid Acceptance, Section 1.3(g) below).

J. Proprietary Information/Public Disclosure. Materials submitted in response to this Invitation to Bid and/or the Contract shall become the property of the District and are, therefore, subject to public records laws.

In the event that a Bidder/Contractor desires to claim that portions of its submittal are exempt from public disclosure, under the provisions of ORS 192.501, it is incumbent upon the Bidder/Contractor to identify those portions in a transmittal letter. The transmittal letter must identify the page and the particular exemption(s) from disclosure upon which the claim is made. Each page claimed to be exempt from disclosure must be clearly identified, on the page, by the words: "This data constitutes a trade secret under ORS 192.501(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.

If the District receives a request for public records disclosure of the information so designated as confidential by Bidder/Contractor, the District will make a reasonable attempt to notify Bidder/Contractor of the request so Bidder/Contractor may claim any exemption Bidder/Contractor is entitled to under applicable laws.

The Oregon Public Records Law exempts from disclosure trade secrets, and the exemption from disclosure applies "unless the public interest requires disclosure in the particular instance," ORS 192.501(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of this solicitation may depend upon official or judicial determinations made pursuant to the Oregon Public Records Law.

In any event, the District will, to the fullest extent permitted by Oregon Law, assist the Bidder/Contractor in protecting proprietary information submitted pursuant to this Invitation to Bid."

1.2 Bid Submission:

A. Bid Submission. The bid response shall be sealed and delivered to the District’s Purchasing Office, 12400 SE Freeman Way, Milwaukie, OR 97222, prior to the bid closing time and date stated in the Invitation to Bid/Advertisement (Section 00100). Bids received after the bid closing time and date will not be considered for award. Electronic Bids will be accepted if received by the deadline. The District is not responsible for late or delayed bids due to electronic delivery.

Emailed bid must be sent to jelleym@nclack.k12.or.us.

Bidders submitting bids in person on the day of the bid closing/opening are required to submit their bids at the North Clackamas School District Purchasing Office at the address listed above.

Bids will be date and time stamped by Purchasing Department Staff and held until bid opening.

When required, First-Tier Subcontractor disclosure shall be submitted no later than two working hours after the bid closing time.

Bidder is responsible for submitting bids in the manner, format and to the delivery point as required by the Solicitation Document.

B. Addenda. The District reserves the right to make changes to the Invitation to Bid and the resulting contract, by written addenda, prior to the closing time and date. Addenda shall only be issued by the District and, upon issuance, are incorporated into the Invitation to Bid or the resulting contract. If required by addendum, Bidders shall sign and return the addendum prior to the bid closing time and date.

Final Addendum shall be issued no later than 72 hours prior to the bid closing time. Addenda may be issued during this 72 hour period only for the purpose of extending the bid closing date or time.

As a courtesy, the District may send addenda to registered bidders by e-mail. The Bidder is responsible for ensuring that all addenda have been received and are acknowledged in their bid response.

C. Modification of Bids. Once submitted, bids may be modified in writing prior to the time and date set for bid closing. Modifications shall be prepared on the Bidder's letterhead, signed by an authorized representative of the Bidder, shall state that the new document supersedes or modifies the prior bid and shall be submitted in a sealed envelope, appropriately marked identifying the bid number and closing time and date. Telephone, telegraphic and facsimile modifications are not acceptable. The written modification shall be made a permanent part of the public bid file.

mailto:jelleym@nclack.k12.or.us

D. Withdrawal of Bids. A bid may be withdrawn prior to the bid closing time and date. Bids may be withdrawn in writing, on the Bidder's letterhead, signed by an authorized representative of the Bidder. The written bid withdrawal shall be made a permanent part of the public bid file.

Bids may not be withdrawn after the date and time for submission of bids.

1.3 Bid Evaluation & Award:

A. Minimum Requirements. Evaluation of bids will be based on minimum requirements established by the specifications and compliance with conditions of the Invitation to Bid, and shall be subject to Oregon Revised Statutes (ORS) 279A, 279C, and NCSD Public Contracting Rules. The district may reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of the District that it is in the public interest to do so.

B. Method of Award: Award shall be made to the lowest responsive and responsible bidder for the Base Bid modified by Owner accepted alternates. Award shall be made to one bidder and one bidder only. Bidders must bid upon all alternate bid items.

C. Oregon Preference. Award shall be subject to preference for goods or services that have been manufactured or produced in Oregon if price, fitness, availability and quality are determined by the District to be equal (ORS 279A.120).

D. Reciprocal Law. In determining the lowest responsible Bidder, a nonresident Bidder eligible to receive a preference in the state in which the Bidder resides, shall have that same percentage preference added to the bid amount in accordance with District Rule NCSD Rule 49-0390(6)(a).

E. Special Notice. The competency and responsibility of Bidders and of their proposed Subcontractors will be considered in making the award.

F. Certification of Alteration or Erasure. A bid may be rejected if it contains any material alteration or erasure unless each such alteration and erasure is initialed by the person signing the bid. Nothing in this paragraph shall be construed as allowing the Bidder to alter or otherwise change the form of the offer, the form of the contract, the conditions of the bid, the specifications, and/or plans attached to the bid documents.

Unless otherwise specifically allowed in the bidding documents, no changes or modifications to an offer may be made after the bid closing date & time.

G. Time for Bid Acceptance. The District reserves the right to consider a bid response containing a condition that limits its time for bid acceptance. The District may, solely at its option, accept a shorter time for bid acceptance, even though the Invitation to Bid may state a longer period. The District reserves the right either to accept or reject the bid response containing the time condition, if the bid response is otherwise the lowest responsible and responsive Bidder.

H. Bid Reading. At the prescribed time and place bids will be publicly opened and read aloud.

Bidders are invited to be present and record results. Award decisions will not be made at bid opening. Only the name of the Bidder(s) and the bid item(s) to be considered for award purposes will be read at the bid opening.

I. Bid Results. To obtain bid results, a personal inspection may be made of the bid files at a later date, BY APPOINTMENT. Bid tabulations and award notices may be obtained by request. The District may provide the notification of Intent to Award to all participating bidders by fax or by e-mail.

J. Right of Rejection. The District reserves the right to reject any bid not in compliance with all prescribed public contracting procedures and requirements and may reject for good cause all bids upon a finding that it is in the public interest to do so. (ORS 279C.395)

K. Right to Protest Award. (NCSD Rule 49-0450)

1. A bidder may protest the award or an adversely affected or aggrieved Offeror may submit to the District a Written protest of the District's Intent to Award within seven Days after issuance of the Notice of Intent to Award the Contract, unless a different protest period is provided under the Solicitation Document.

2. The Offeror's protest must be in Writing and must specify the grounds on which the protest is based.

3. An Offeror is adversely affected or aggrieved only if the Offeror is eligible for Award of the Contract as the Responsible Bidder submitting the lowest Responsive Bid or the Responsible Proposer submitting the best Responsive Proposal and is next in line for Award, i.e., the protesting Offeror must claim that all lower Bidders or higher- scored Proposers are ineligible for Award:

a. Because their Offers were Non-Responsive; or

b. The District committed a substantial violation of a provision in the Solicitation Document or of an applicable Procurement statute or administrative rule, and the protesting Offeror was unfairly evaluated and would have, but for such substantial violation, been the Responsible Bidder offering the lowest Bid or the Responsible Proposer offering the highest-ranked Proposal.

4. The District will not consider a protest submitted after the time period established in this Rule or such different period as may be provided in the Solicitation Document. A Proposer may not protest the District's decision not to increase the size of the Competitive Range above the size of the Competitive Range set forth in the ITB.

5. Authority to Resolve Protests. The Superintendent may settle or resolve a Written protest submitted in accordance with the requirements of this Rule.

6. Decision. If a protest is not settled, the head of the District, or such Person's designee, must promptly issue a written decision on the protest. Judicial review of this decision will be available if provided by statute.

7. Award. The successful Offeror must promptly execute the Contract after the Award is final.

The District must execute the Contract only after it has obtained all applicable required documents and approvals.

1.4 Registration Requirements (i.e. Construction Contractors Board/State Landscape Board):

Bidders shall certify that all parties performing work described in ORS 701.005(2) (i.e. construction work) will be registered with the Oregon Construction Contractors Board (CCB), the State Landscape Contractors Board (LCB) in accordance with ORS 701.035 and 701.055, or the appropriate authority pertaining to the trade before the bid opening time and date set in this Invitation. Bids not meeting this requirement will not be considered.

1.5 Scope of Work. The work contemplated under this contract includes all labor, tools, machinery, materials, transportation, mobilization/demobilization, equipment and services necessary for, and reasonably incidental to, the completion of all work in connection with the project described in the contract, the General Conditions, all applicable special conditions, plans, specifications, or any supplementals.

END OF DOCUMENT

DOCUMENT 00 40 00

BID FORM

PROJECT: ITB-2425-111

Rex Putnam High School Chiller Replacement Project

BID OPENING: January 21, 2025 at 2:45 PM

LOCATION: North Clackamas School District (NCSD) Purchasing Department 12400 SE Freeman Way Milwaukie, OR 97222 Phone: 503-353-6082

EXCEPTIONS:

BIDDERS PLEASE NOTE: Any exceptions or stipulations to any of the requirements of this solicitation must be submitted in accordance with Section 002000, 1.1(H), Protest or Request for Changes of Specifications and/or Bidding Requirements. Exceptions that are not submitted in compliance with Section 002000, 1.1(H), may cause your bid to be ruled non-responsive.

RESIDENT STATUS: Bidder shall complete and return attached Bidder Residency Information with its bid response.

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS: Bidder acknowledges receipt of Addenda and agrees to be bound by their contents.

Circle each BID addendum received: 1, 2, 3, 4, 5, 6, 7, 8, 9,10 Check if no addenda were received:

CCB/LCB REGISTRATION:

(1) Construction Contracts. NCSD shall 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 Contractors Board at the time the Offer is made.

(2) Landscape Contracts. NCSD shall 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.

(3) Non-complying Entities. NCSD shall deem an Offer non-responsive if it is received from a Person that fails to comply with this rule and shall reject the Offer as stated in ORS 279C.365(1)(k), unless contrary to federal law or subject to different timing requirements set by federal funding agencies.

Bidder is in compliance with the requirements of and is registered and bonded with the State of Oregon Construction Contractor's Board or Landscape Contractors Board as follows:

Registration Classification:

Registration No.: Expiration Date:

1 | Page

RESPONSIBILITY: Prior to awarding a Public Improvement Contract, NCSD shall determine whether the lowest responsible bidder meets the standards of responsibility as defined in ORS 279C.375.

ASSURANCES: The Undersigned hereby offers to furnish all labor, equipment, materials, and to perform all work, as bid, in strict accordance with all requirements of the above named project. This offer shall be subject to acceptance for ninety (90) calendar days from date of opening; thereafter it may be withdrawn.

NON-COLLUSION: ORS 279A.010 and 279A.990

By signing and submitting a bid, bidder certifies that:

(A) Bidder has arrived at the specifics of the bid, including price and amounts, independently and without communication or agreement with another bidder, except as disclosed in a separately attached statement;

(B) The bidder is not submitting the bid in the interest of or on behalf of any undisclosed person;

(C) The bidder has not directly or indirectly induced or solicited another bidder, in order to benefit a third person, to submit a false or sham bid, to refrain from bidding or to change a bid;

(D) The bidder has not directly or indirectly disclosed the bidder's bid price, a breakdown of the price, the contents of the price or information or data related to the price to another bidder;

(E) The bidder has not sought through communication or agreement with a person to fix the bid price of the bidder or another bidder, to fix an overhead, profit or cost element of the bid price of the bidder or another bidder or to secure any advantage against the contracting agency or any other person interested in the public contract;

(F) The bidder has not directly or indirectly expressed an interest or lack of interest in the public contract, or paid or offered to pay a fee to a person, to cause a collusive or sham bid;

(G) All statements in the bid are true; and

(H) The bid is genuine and not collusive or a sham.

Bidder acknowledges and agrees that, if this contract is for a public work subject to ORS 279C.800 to 279C.870 or the Davis-Bacon Act (40 U.S.C. 276a) Bidder will comply with ORS 279C.840 or 40 U.S.C.

276a, as applicable.

The Bidder acknowledges that the contract consists of the following documents: Bid Solicitation, Bid Form and Supplements, Attachments, Agreement, Accounts Affidavit, Wage Certification Form, Specifications, Drawings and Addenda.

The Bidder declares that he/she has carefully examined the terms of this Contract, and has personally inspected and/or is satisfied with conditions at the Project site.

The Bidder hereby states that he/she shall abide by the provisions of ORS 279C.830(1) relating to Prevailing Wages Rates, as well as Davis Bacon Act (40 U.S.C. 3141) regarding Federal Prevailing Wages.

Bidder hereby declares that he/she shall not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women, or emerging small business enterprise certified under ORS 200.055.

Bidder further agrees:

1. The Undersigned agrees to complete the work according to the below schedule and as stated in the General Conditions. The Undersigned shall have 259 calendar days from Notice to Proceed, to achieve Substantial Completion.

The schedule below contains certain specific dates. These dates shall be adhered to and are the last acceptable dates, unless modified by agreement between Contractor and the Owner. The only exceptions to this schedule are defined in the General Conditions.

2 | Page

Estimated Notice to Proceed: February 13, 2025

Estimated Construction Start: July 1, 2025

Substantial Completion: August 29, 2025

Final Completion: September 30, 2025

2. To pay to the Owner as liquidated damages the amount of $1,000 per calendar day for each calendar day by which actual Substantial Completion time exceeds the contract completion time set forth above. The maximum amount of liquidated damages per day shall not exceed $1,000.

3. To accept as full payment for Base Bid for the Rex Putnam High School Chiller Replacement Project:

The Owner is an Equal Employment Opportunity and Affirmative Action employer, and requires Contractors and their subcontractors to follow EEO/AA practices in their performance of this contract.

The Contractor represents and warrants to the Owner that Contractor has the power and authority to enter into and perform this Contract, and that this Contract, when executed and delivered, shall be a valid and binding obligation of Contractor, enforceable in accordance with its terms. Contractor further warrants that the work of this Contract shall be performed in good and workmanlike manner, and that Contractor shall, at all times, be qualified, competent and current with any necessary licenses to perform work set forth in this Contract.

CONTRACTOR

Signature Title

Name (Print or Type) Telephone No.

Company Fax No.

Address Email Address

City, State, Zip Code Tax ID No.

3 | Page

DOCUMENT 00 41 00

BIDDER RESIDENCY INFORMATION

ORS 279A.120 states, "For the purposes of awarding a public contract, a contracting agency shall":

(a) Give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal; and

(b) Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to the bidder in the state in which the bidder resides.

“Resident bidder” means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a “resident bidder” under this paragraph.

“Non-resident Bidder” means a Bidder who is not a “resident Bidder” as defined above.

a. CHECK ONE: Bidder is a ( ) RESIDENT Bidder ( ) NON-RESIDENT Bidder

b. If resident Bidder, enter your Oregon business address: (physical and mailing address)

c. If a non-resident Bidder, enter state of residency:

d. If a non-resident Bidder, do you or your Company receive, or are you or your Company eligible for any preference in award of contracts with your state’s government or with other governmental bodies in your state?

CHECK ONE: ( ) YES ( ) NO

If YES, state the preference percentage: %

If YES, but not a percentage of the bid price, describe the preference:

If YES, state the law or regulation that allows the preference described (legal citation):

DOCUMENT 00 43 00

North Clackamas School District

STANDARD PUBLIC IMPROVEMENT CONTRACT

BID BOND

We, , as “Principal,” (Name of Principal) and , an Corporation, (Name of Surety) authorized to transact Surety business in Oregon, as “Surety,” hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns to pay unto the North Clackamas School District (“Obligee”) the sum of ($ )

Dollars.

WHEREAS, the condition of the obligation of this bond is that Principal has submitted its proposal or bid to an agency of the Obligee in response to Obligee’s procurement document (ITB-2425-111) for the project identified as: Rex Putnam High School Chiller Replacement Project, which proposal or bid is made a part of this bond by reference, and Principal is required to furnish bid security in an amount equal to ten (10%) percent of the total amount of the bid pursuant to the procurement document and ORS 279C.365(4) for competitive bidding or 279C.400(5) for competitive proposals.

NOW, THEREFORE, if the proposal or bid submitted by Principal is accepted, and if a contract pursuant to the proposal or bid is awarded to Principal, and if Principal enters into and executes such contract within the time specified in the procurement document and executes and delivers to Obligee its good and sufficient performance and payment bonds required by Obligee, as well as any required proof of insurance, within the time fixed by Obligee, then this obligation shall be void; otherwise, it shall remain in full force and effect.

IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this day of , 2025.

PRINCIPAL: SURETY:

By

Signature

BY ATTORNEY-IN-FACT:

Official Capacity Name

Attest:

Corporation Secretary Signature

Address

City State Zip

Phone Fax

DOCUMENT 00 44 00

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

(ORS 279C.370)

REX PUTNAM HIGH SCHOOL CHILLER REPLACEMENT PROJECT (ITB:2425-111)

BID CLOSING: January 21, 2025 TIME: 2:45 p.m. (PST)

FIRST TIER DISCLOSURE DEADLINE: January 21, 2025 TIME: 4:45 p.m. (PST) This form must be submitted either with Bidders bid response or within two (2) working hours of the bid closing date and time. List below the name of each subcontractor that will be furnishing labor or materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract.

If the Bidder will not be using any subcontractors that are subject to the above disclosure requirements, the Bidder is required to indicate "NONE" on the form below. (If needed, attach additional sheets).

Company Name Dollar Value: Category of Work

1.

2.

3.

4.

5.

6.

7.

8.

A first-tier subcontractor is one that:

(A) Will be furnishing labor or will be furnishing labor and materials in connection with the public improvement; and

(B) Will have a contract value that is equal to or greater than five percent of the total project bid or $15,000, whichever is greater, or $350,000 regardless of the percentage of the total project bid.

After having been opened, the bids and the subcontractor disclosures shall be filed for public inspection. No modifications will be allowed once the submittal has been opened. FAILURE TO SUBMIT THIS FORM BY THE DISCLOSURE DEADLINE WILL RESULT IN A SUBMITTED BID BECOMING NON-RESPONSIVE, AND SUCH BID SHALL NOT BE CONSIDERED FOR AWARD (NCSD Rule 49-0360).

Form submitted by (Bidder Name):

Contact Name: Phone #:

Deliver Form to Agency: North Clackamas School District

Person Designated to Receive Form: Megan Jelley, Senior Purchasing Specialist (jelleym@nclack.k12.or.us)

Agency’s Address: 12400 SE Freeman Way., Milwaukie, OR 97222 Phone No. (503) 353-6082

Unless stated otherwise in the original solicitation, this document shall not be faxed. It is the responsibility of Bidders to submit this disclosure form and any additional sheets with the bid number and project name clearly marked, at the location indicated, by the specified disclosure deadline. See Instructions to Bidders.

DOCUMENT 00 45 00

Drug Testing Program for Public Improvement Contracts

A contract award on a Public Improvement Contract shall not be final until the prospective contractor (“Contractor”) certifies to NCSD that it has a drug-testing program in place for its employees.

The Offeror, by signature on this bid, certifies to NCSD the following:

1. That the Offeror has a drug-testing program in place for its employees that includes, at a minimum, the following:

a. A written employee drug-testing policy;

b. Required drug testing for all new Subject Employees, or, alternatively, required testing of all Subject Employees, every six (6) months, on a random selection basis;

c. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs; and

d. Required testing of a Subject Employee who is involved in

(i) an accident causing an injury requiring treatment by a physician, or

(ii) an incident resulting in damage to property or equipment.

A drug-testing program that meets the above requirements will be deemed a “Qualifying Employee Drug-Testing Program.” For the purposes of this rule, an employee is a “Subject Employee’ only if that employee will be working on the Project job site.

2. That, if awarded the Public Improvement Contract, the Offeror will execute a Public

Improvement Contract in which the Contractor shall represent and warrant to NCSD that the Qualifying Employee Drug-Testing Program is in place at the time of the Contract execution, and will continue in full force and effect for the duration of the Contract. Further, NCSD’s performance obligation is contingent on Contractor’s compliance with this representation and warranty.

3. That the Public Improvement Contract shall contain Contractor’s covenant requiring each subcontractor providing labor for the Project to:

a. Demonstrate to the Contractor that it has a Qualifying Employee Drug-Testing

Program for the subcontractor’s Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug-Testing Program is in place at the time of subcontract execution, and will continue in full force and effect for the duration of the subcontract;

or

b. Require the subcontractor’s Subject Employees to participate in the Contractor’s

Qualifying Employee Drug-Testing Program for the duration of the subcontract.

DOCUMENT 00 61 00

PERFORMANCE AND PAYMENT BOND

For the purpose of complying with Chapter 279C.380 of Oregon Revised Statutes, Contractor shall provide a performance and payment bond in a sum equal to the full contract price or adequate to cover the loss of service to insure the Owner against financial loss if the project is not completed or not completed on time by the Contractor.

The surety company's Attorney-in Fact must sign the performance and payment bond. The surety's seal must be affixed to the performance and payment bond. Power of Attorney for the Attorney-in-Fact must be attached to the bond. The original bond document must be supplied to the Owner prior to final execution of the contract and commencement of work.

Contractor shall promptly notify the surety company of any changes to the Contract that impact time allowed for completion and/or an increase to the total compensation of the Contract.

PERFORMANCE BOND

We , (Name of Principal) as principal, and , (Name of Surety) an corporation, authorized to transact business in Oregon, as surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns to pay unto North Clackamas School District the sum of

(Penal Sum of Bond)

WHEREAS, the principal has entered into a contract with North Clackamas School District, the specifications, terms and conditions of which are contained in ITB-2425-111, Rex Putnam High School Chiller Replacement Project.

WHEREAS, that contract is made a part of this performance bond by reference; and

WHEREAS, the principal has agreed to perform the contract in accordance with the certain terms, conditions, requirements, plans and specifications which are set forth in said contract, and all authorized modifications of the contract which increase the amount of the work and the amount of the contract, notice of any such modifications hereby being waived by the surety; and

WHEREAS, the principal has agreed to perform that contract as summarized below:

Rex Putnam High School Chiller Replacement Project for North Clackamas School District in strict accordance with the specifications contained in ITB-2425-101.

NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH THAT, if the principal shall faithfully perform all matters and things as agreed under the contract within the time prescribed therein, including the conditions listed in ORS 279C.500 to 279C.545, and shall indemnity, defend and save harmless North Clackamas School District, and their officers, employees and agents against any claim or indirect damages of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the said contract by the said Contractor or its Subcontractors; and shall do all things required of the principal by the laws of this State, then this obligation shall be void; otherwise, it shall remain in full force and effect.

SURETY agrees (1) that any extension of time allowed said Principal for completion of work or for delivery under the said contract shall not impair this obligation or reduce any period of maintenance or warranty provided in said Contract; (2) that any change made in the terms or provisions of said contract increasing the price to be paid to Principal, without notice to the SURETY shall not impair this obligation, however, any such change shall automatically increase the obligation of the SURETY hereunder in a like amount,; and

(3) that this obligation shall continue to bind the said Principal and SURETY notwithstanding successive payment made hereunder for successive breaches, until the full amount of the said obligation is exhausted.

IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives.

Dated this day of , 20 .

(Surety) (Principal)

By: By:

(Attorney in Fact)

(Company)

(Address)

Telephone No.

PAYMENT BOND

We , (Name of Principal) as principal, and , (Name of Surety) an corporation, authorized to transact business in Oregon, as surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns to pay unto North Clackamas School District the sum of

(Penal Sum of Bond)

WHEREAS, the principal has entered into a contract with North Clackamas School District, the specifications, terms and conditions of which are contained ITB-2425-111, Rex Putnam High School Chiller Replacement Project.

; and

WHEREAS, that contract is made a part of this payment bond by reference; and

WHEREAS, the principal has agreed to perform the contract in accordance with the certain terms, conditions, requirements, plans and specifications which are set forth in said contract, and all authorized modifications of the contract which increase the amount of the work and the amount of the contract, notice of any such modifications hereby being waived by the surety; and

WHEREAS, the principal has agreed to perform that contract as summarized below:

Rex Putnam High School Chiller Replacement Project for North Clackamas School District in strict accordance with the specifications contained in ITB-2425-111.

NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH THAT, if the principal shall faithfully perform all matters and things as agreed under the contract within the time prescribed therein, including the conditions listed in ORS 279C.500 to 279C.545, and shall promptly pay all persons supplying labor or materials to the principal or its Subcontractor for prosecution of the work provided in said contract; and shall promptly pay all contributions due the State Industrial Accident Fund and the State Unemployment Compensation Fund from the principal or its Subcontractor in connection with the performance of the contract; and shall pay over to the Oregon Department of Revenue all sums required to be deducted and retained from the wages of employees of the principal and its Subcontractor pursuant to ORS 316.167;

and shall permit no lien nor claim to be filed or prosecuted against North Clackamas School District on account of any labor or materials furnished; and shall indemnity, defend and save harmless North Clackamas School District, and their officers, employees and agents against any claim or indirect damages of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the said contract by the said Contractor or its Subcontractors; and shall do all things required of the principal by the laws of this State, then this obligation shall be void; otherwise, it shall remain in full force and effect.

SURETY agrees (1) that any extension of time allowed said Principal for completion of work or for delivery under the said contract shall not impair this obligation or reduce any period of maintenance or warranty provided in said Contract; (2) that any change made in the terms or provisions of said contract increasing the price to be paid to Principal, without notice to the SURETY shall not impair this obligation, however, any such change shall automatically increase the obligation of the SURETY hereunder in a like amount,; and (3) that this obligation shall continue to bind the said Principal and SURETY notwithstanding successive payment made hereunder for successive breaches, until the full amount of the said obligation is exhausted.

IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives.

Dated this day of , 20 .

(Surety) (Principal)

By: By:

(Attorney in Fact)

(Company)

(Address)

Telephone No.

DOCUMENT 00 73 40

PUBLIC CONTRACTING

Project No. 17017 North Clackamas School District 00 73 40 - 1 February 2018 Mt Scott ES Improvements Printed 2/5/2018

DOCUMENT 00 73 40

PUBLIC CONTRACTING

PART 1 - GENERAL

1.01 REQUIREMENTS INCLUDED

A. Prevailing Wage Requirements (PWR) - ORS 279C.830 to .870.

B. Prevailing Wage Rate Fee - BOLI - ORS 279C.825.

C. Public Works Bond (Contractors) - BOLI - ORS 279C.830(2)(a).

D. Public Works Bond (Subcontractors) - BOLI - ORS 279C.830(2)(b).

E. Certified statements - ORS 279C.845.

F. Withholdings for lack of payment - ORS 279C.515.

G. Written notice of working hours - ORS 279C.520.

H. Payment for medical services - ORS 279C.530.

I. Ineligible to hold public works contracts - ORS 279C.860.

J. Registration with Oregon Construction Contractors Board - ORS 701.021.

K. Payment for daily, weekly, weekend, and holiday overtime - ORS 279C.540.

1.02 RELATED WORK SPECIFIED ELSEWHERE

A. None

1.03 PREVAILING WAGE REQUIREMENTS (PWR) - ORS 279C.830 TO .870

A. The Work described in the Contract Documents is subject to State of Oregon Prevailing Wage Rates in effect at the time the project is first advertised in accordance with ORS 279C.800-870.

Ensure all workers are paid in accordance with applicable wage rates and be solely responsible for unpaid prevailing wages.

B. The applicable prevailing wage rates in effect at the time the bid specifications are first advertised, including the following:

1. Prevailing Wage Rates for Public Works Contracts in Oregon.

2. PWR Amendments, as applicable.

3. State Prevailing Wage Apprenticeship Rates.

4. Definitions of Covered Occupations for Public Works Contracts in Oregon.

C. Current rates can be found at the following location:

1. https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

1.04 PREVAILING WAGE RATE FEE - ORS 279C.825

A. Owner shall pay the prevailing wage rate fee required to be paid to the Commissioner of the Bureau of Labor and Industries as provided in ORS 279C.825.

1.05 PUBLIC WORKS BONDS (CONTRACTORS) - ORS 279C.830(2)(A)

A. Contractor must have a public works bond filed with the Construction Contractors Board before starting work on the project, unless exempt under ORS 279C.836 (4), (7), (8) or (9).

1.06 PUBLIC WORKS BONDS (SUBCONTRACTORS) - ORS 279C.830(2)(B)

A. Include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the project, unless exempt under ORS 279C.836 (4), (7), (8) or (9).

1.07 CERTIFIED STATEMENTS - ORS 279.845

A. The contractor or the contractor's surety and every subcontractor or the subcontractor's surety shall file certified statements with the public agency in writing in accordance with ORS 279.845.

http://www.oregon.gov/boli/WHD/PWR/docs/January_1_2018%20PWR.pdf

SECTION 00 73 40

PUBLIC CONTRACTING

Project No. 17017 North Clackamas School District 00 73 40 - 2 February 2018 Mt Scott ES Improvements Printed 2/5/2018

1.08 WITHHOLDING FOR LACK OF PAYMENT - ORS 279C.515

A. Should the Contractor fail, neglect or refuse to make prompt payment of any claim for labor or services furnished to the Contractor or a Subcontractor by any person in connection with the Work as the claim becomes due, the Owner may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Contractor.

1.09 WRITTEN NOTICE OF WORKING HOURS - ORS 279C.520

A. Include in every subcontract that a person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it (in which case the employee shall be paid at least time and a half pay) unless otherwise permitted by law.

1.10 PAYMENT FOR MEDICAL SERVICES - ORS 279C.530

A. Promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services.

B. Ensure all subject employers working on the Project are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126.

1.11 INELIGIBLE TO HOLD PUBLIC WORKS CONTRACTS - ORS 279C.860

A. Contractor shall not be disbarred from holding public works contracts in the State of Oregon in accordance with ORS 279C.860.

1.12 REGISTRATION WITH OREGON CONSTRUCTION CONTRACTORS BOARD - ORS 701.021

A. Contractor must be registered with the State of Oregon Construction Contractors Board, pursuant to ORS 701.021.

1.13 PAYMENT FOR DAILY, WEEKLY, WEEKEND AND HOLIDAY OVERTIME - ORS 279C.540;

ORS 279C.520(1); OAR 839-025-0020(2)(B)

A. Contractor must pay daily, weekly, weekend and holiday overtime as required by ORS 279C.540, ORS 279C.520(1); OAR 839-025-0020(2)(b).

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION - NOT USED

END OF DOCUMENT

ATTACHMENT

NORTH CLACKAMAS SCHOOL DISTRICT

COBID UTILIZATION REQUIREMENTS

I. INTRODUCTION

North Clackamas School District has set an Aspirational Goal on the 2016 Bond program to firms that are certified by the State of Oregon Certification Office for Business Inclusion and Diversity ("COBID") as Minority Business Enterprise Program (MBE); Women Business Enterprise Program (WBE); Emerging Small Business Program (ESB); Service Disabled Veteran Business Enterprise (SDVBE); Disadvantaged Business Enterprise (DBE) or that self-identify as one of these firms.

NCSD's purpose in implementing this program is to increase the percentage of NCSD contract dollars paid to COBID, either through direct contracting or subcontracting. We strongly encourage prime contractors bidding on our work to, where possible, subcontract with MWESBs or DBE firms to partner with NCSD in the accomplishment of our equity objectives. The District expects its prime contractors to partner in good faith in striving to meet or exceed the District’s aspirational MWESB participation goals.

II. COBID UTILIZATION REQUIREMENTS – GENERAL INFORMATION

1. GFE FORM SUBMISSION - DUE DATES AND TIMES

Proposer must submit the COBID Utilization form within 30 days of executing a contract with

NCSD.

2. DEFINITIONS

A. Aspirational Goal: The District’s Aspirational Goal for COBID participation in the Contract resulting from this RFP or ITB is 15%. This means that, of the total amount the District pays for the Contract resulting from this RFP or ITB, 15% or more is paid to COBID firms. Such payment may be made by the District, its prime contractors, or subcontractors.

B. COBID Database: A directory of certified firms is available from the CO BID website at…