RFP 23-0024_Districtwide Security Infastructor.pdf

PUBLIC IMPROVEMENT PROJECT

REQUEST FOR PROPOSAL

Solicitation No: 23-0024

Districtwide Security Infrastructure Contractor

RFP Closing (Due Date & Time):

April 10, 2024 at 2:00 PM Pacific Time

Issued by:

Beaverton School District 48J

1260 NW Waterhouse Ave Beaverton OR 97006

March 11, 2024

Business Services Procurement and Contracting contracts@beaverton.k12.or.us

PUBLIC IMPROVEMENT

REQUEST FOR

PROPOSAL

Solicitation No: RFP 23-0024

Summary

The District’s Facilities Department has determined that it is in the public interest to identify a single contractor for its security infrastructure needs (i.e., cameras, card readers, intrusion alarms, associated software, etc.). The purpose of this Request for Proposals (RFP, Solicitation, or like term) is to obtain competitive Proposals from qualified Proposers for the purpose of establishing multiple contracts between the selected Proposer and the Beaverton School District 48J (District or Owner). The multiple contracts awarded hereunder shall include Design-Build Services, trade services, software, training, commissioning and/or support for District security infrastructure. The District anticipates dividing/ phasing the Projects named herein for completion during the course of the 2022 Bond program. The District may also identify other contracts under this RFP for work within the general class of security infrastructure services.

Contracts awarded hereunder that meet the necessary criteria shall be public works contracts subject to 279C.800 to 279C.870.

A NON-MANDATORY pre-Proposal conference will be held on March 21, 2024 at 1:00 PM at by Zoom:

Zoom Link: https://beavertonk12.zoom.us/j/82135240044?pwd=bnlISTN5NjVuSWVoVkNydFh0OUxEZz09 Meeting ID: 821 3524 0044 Passcode: 284337

PRIOR to the Solicitation Closing date and time specified below, Proposers must submit a Proposal pursuant to the provisions of this Solicitation to contracts@beaverton.k12.or.us.

SOLICITATION CLOSING: April 10, 2024 at 2:00 PM Pacific Time

LATE PROPOSALS WILL NOT BE ACCEPTED

Timely received Proposals will be opened, recorded, and prepared for evaluation. The District will not read Proposals aloud. Subject to applicable public records laws, the contents of any Proposal will not be disclosed to the public until after execution of a Contract.

Proposers are solely responsible for ensuring that the Beaverton School District receives its Proposal.

Prospective Proposers must register OregonBuys Periscope Holdings - Login (oregonbuys.gov) to obtain the solicitation documents and to receive any associated information/updates. Proposers must familiarize themselves with the entirety of all Solicitation documents.

ALL Questions and comments regarding this Solicitation must only be directed to District Purchasing Staff. contracts@beaverton.k12.or.us

THE DISTRICT MAY REJECT ANY PROPOSAL NOT IN COMPLIANCE WITH ALL PRESCRIBED REQUIREMENTS mailto:contracts@beaverton.k12.or.us https://beavertonk12.zoom.us/j/82135240044?pwd=bnlISTN5NjVuSWVoVkNydFh0OUxEZz09 mailto:contracts@beaverton.k12.or.us https://oregonbuys.gov/bso/

SECTION I – INTRODUCTION

1. INTRODUCTION:

This Solicitation is for a progressive design-build contracting and project delivery method. This Solicitation is issued pursuant ORS 279A, ORS 279C, the Oregon Attorney General Model Rules Divisions 46 and 49, and all applicable District policies. This Solicitation is issued pursuant to Section 13 of District Policy DJ, Administrative Regulation DJC-AR.

2. DEFINITIONS:

The term "District" or “Owner” throughout this document means the Beaverton School District 48J. The term “Proposer” means the person or firm that submits a Proposal in response to this Solicitation. The term “Proposal” or “Offer” means a written response to provide services in response to this Solicitation.

The term “Contractor” or “Supplier” means the Proposer awarded a Design-Build contract as a result of this Solicitation. “Closing” is the solicitation due date and time. “Design-Build” means a form of Procurement that results in a Public Improvement Contract in which a single Person/firm provides the Contracting Agency with all the Personal Services and Construction Work necessary to design, permit, and construct the Project.

“Guaranteed Maximum Price” or “GMP” means the total maximum price provided to the Contracting Agency by the Contractor and accepted by the Contracting Agency that includes all reimbursable costs and fees for completion of the Contract Work and any particularly identified contingency amounts, as defined by the Public Improvement Contract. For the Purposes of this RFP, the GMP is the Contract Sum established in the Design-Build Amendment.

3. SOLICITATION REVIEW:

Proposers must carefully review the Solicitation documents 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 REQUEST FOR CLARIFICATION OR CHANGE; SOLICITATION PROTESTS (Section III, Paragraph 5), protests or appeals based on such defects, ambiguities, omissions or errors received after issuance of the Notice of Intent to Award may not be favorably considered.

4. BACKGROUND:

a. The Beaverton School District encompasses approximately 56 square miles in northwestern Oregon in Washington County. The 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.

5. GENERAL SCOPE OF WORK:

The Projects are anticipated to include the following projects and classifications of projects:

1. Security Cameras

2. Access Control (Card Readers)

3. Access Control (Intrusion Alarms)

Services include typical design-build services, as well as non-design consultation, software installation/implementation, commissioning, training, and ongoing support for the complex systems included in this Solicitation.

6. CONTRACT:

For each Project awarded hereunder, the successful Proposer, selected by the District, will receive an AIA A141-2014 (modified) Agreement Between Owner and Design-Builder and an AIA A201 (modified) General

Conditions. A sample is enclosed herein (see Attachments). The provisions of the sample AIA A141 are in addition to the requirements set forth in this Solicitation. At the District’s discretion, the Contractor will receive an AIA A141-2014 (modified) Exhibit A to enter into an agreeable Contract Sum, design, and/or other terms that are contingent upon the District’s acceptance and would modify the original Contract. AIA A141-2014 (modified) Exhibit A is included in the attached sample Contract. At the District’s sole discretion (e.g., for smaller Projects), the District may issue Contract including terms from it’s Consultant Services Contract (“CSC”) and Trade Services Contract (“TSC”) contract templates. Finally, some ongoing services (e.g., software maintenance and support), if awarded, may be contracted using the District’s Personal Services Contract (“PSC”) template.

a. Proposers are advised to thoroughly review and familiarize themselves with the standard contract.

Most contract terms reflect state statute or District policy and may not be altered.

b. The Contractor will be expected to sign the contracts listed above, including all standard terms and conditions contained in the sample contract as requested by the District.

c. Personnel substitution – if the Contractor must substitute personnel included in the original Proposal, they must obtain written District approval of substituted personnel, prior to substitution. The District may, at its sole discretion, deny any such substitution requests.

7. PROJECT AWARD PROCESS:

The assigned District Representative or other District personnel will initiate the contracting process for any specific Contracts/Projects awarded under this Solicitation by delivering to the selected Proposer a Project Specific Proposal Request (“PSPR”). The PSPR will contain more detailed Project information/requirements and request a Project Specific Proposal (“PSP”) from the selected Proposer. If the District finds the PSP tentatively acceptable, it will initiate a contracting process. The selected Proposer must successfully complete the District’s contracting process to be awarded a Contract. The District may cancel a PSPR and/or reject any PSPs at any time and for any reason. See SECTION II STATEMENT OF WORK for additional information regarding PSPs. The District reserves the right to procure any Project included specifically or by class of Projects through a solicitation process other than this RFP (e.g., if unable to gather an acceptable PSP, contract negotiations are unsuccessful, etc.). Nothing in this Section I, 7. PROJECT AWARD PROCESS shall limit the District’s right to terminate contract negotiations and reject a PSP at its sole discretion, nor any other rights found in this RFP, its governing rules/laws, or the Sample Contracts attached hereto.

8. AMENDMENTS:

The District may amend a Contract without additional competition pursuant to OAR 137-049-0910 and applicable District Policies.

9. DISTRICT REPRESENTATIVE:

The District Representative for each Project will be named in any Project Specific Proposal Requests issued to the selected Proposer.

10. 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 Design, Contract period milestones, submittals and any other activities are provided elsewhere in this Solicitation or in Project Specific Proposal Requests issued to the selected Proposer. The District reserves the right to deviate from this schedule at its sole discretion.

Solicitation Milestone Date Non-Mandatory Pre-proposal conference March 21, 2024, 2:00 PM Pacific Time Deadline for submitting requests for clarification, change, substitution, or solicitation protest March27, 2024, 4:00 PM Pacific Time Closing April 10, 2024, 2:00 PM Pacific Time Interviews (if required) On/about April 24-26, 2024 Notice of Intent to Award On/about April 26, 2024 Award First Contract On/about June 5, 2024

11. CONTACT DURING SOLICITATION:

Questions or any other contact regarding the solicitation must be submitted in writing via email to contracts@beaverton.k12.or.us as indicated on the Summary page of this Solicitation. Contact may also occur with District Purchasing Department staff or as otherwise stated within the Solicitation. No other contact regarding this solicitation during the solicitation process is permitted. Unauthorized contact regarding this solicitation may subject the offender’s Proposal to rejection.

12. Additional information regarding this solicitation and certain forms for download are available on

OregonBuys Periscope Holdings - Login (oregonbuys.gov) mailto:contracts@beaverton.k12.or.us https://oregonbuys.gov/bso/

SECTION II – STATEMENT OF WORK

1. PURPOSE AND INTRODUCTION

The purpose of this Solicitation is to establish multiple Contracts with a single Contractor for the Projects and classes of Projects described below. Each Project will be further described when any PSPs are requested. The selected Contractor shall provide all labor, expertise, licenses, certifications, permits, materials, equipment, transportation and other facilities and services as necessary and/or required to execute all of the Work. The Contractor shall provide designs, as well as input and advice throughout the design process as to constructability, materials selection, and other design considerations to realize cost savings and other efficiencies for the District.

The progressive design-build method that is anticipated for most Projects allows the District to authorize early construction prior to negotiating a guaranteed maximum price to construct each Project.

2. SCOPE OF WORK

The scope of work for the contracts awarded under this Solicitation will include design-build services, and may include non-design consultation, software installation/implementation, commissioning, training, and ongoing support for the Projects and classes of Projects descried in this Solicitation. Each of the following Projects or class of Project will be individually awarded and may be divided into multiple contracts and/or phases:

A. Multiple Security Camera Projects B. Multiple Access Control (card reader) Projects C. Multiple Access Control (intrusion alarm) Projects D. Potential Maintenance services for existing and new systems

Additional information about the scope of work for this RFP can be found throughout this Section II.

3. PROJECT DESCRIPTION

Scope of Project(s): The scope and project specific requirements for the above referenced Projects will be further defined in any Project Specific Proposal Requests, accepted Project Specific Proposals, and individual Contracts.

Construction Budget: The Maximum Allowable Construction Cost (“MACC”) will be established in the individual Contracts. The established MACC will be the Owner’s Budget for the contract. The combined value of all Contracts awarded under this Solicitation is estimated to be from $5M - $20M. Projects include but are not limited to access control for high schools and options schools, addition of security cameras at existing schools, design and install of access control and security at new or addition facilities.

Project Schedule: The proposed project specific schedules will be described in any Project Specific Proposal Requests, accepted Project Specific Proposals, and any individual Contracts.

4. PROJECT SELECTION

Project Selection will occur based on the process described in SECTION I – INTRODUCTION, 7. PROJECT AWARD PROCESS. The District reserves the right to establish PSP requirements for each Project (e.g., required content, due date/time, review processes, etc.). Moreover, these requirements may change from Project to Project. Generally, however, the PSPs will contain Project-specific information, such as:

a. Proposed Project Personnel

b. Proposed Project Schedule

c. Proposed Project Approach/Plan

d. Proposed General Conditions Costs

e. Proposed Design/Pre-Construction Fees

f. Other Project-Specific Information as Requested by the District

5. PROJECT TEAM

The named District Representative for each project will serve as the owner’s representative. Assisting the District Representative in that role will be a team of Project Coordinator(s), Project Inspector(s), and other District staff. If the District separately contracts with any other contractors/consultants (besides selected Proposers) for work related to a Project, the District may identify them in that Project’s PSPR.

6. PROJECT CONSIDERATIONS

The District’s facility goals and work processes will require that the District focus on the following with its Design- Build partner during design and construction of these Security Upgrades:

a. Collaborative work effort between the Design Build Partner, the District, and regulatory oversight agencies leading to a harmonious and effective implementation.

b. Use of Value Engineering to ensure that optimized form and function are implemented for the budget available. VE efforts will conform to ASTM E1699-14, and not merely be a tool for cutting scope or quality.

c. Use of sustainable materials and construction processes are to be considered, where reasonable, without undue risk stemming from un-vetted products.

d. Intelligent and selective use of Building Information Modeling (BIM), where applicable.

e. Use of the District’s internet-based e-Builder Project Management System for coordination of efforts, approvals and expedited communication is required.

f. Conformance with the District’s Technical Standards; deviations may be proposed by the Designer(s) with appropriate rationale for District consideration. Since the Design Build contract may be in effect during the design, the team should be familiar with the standards that will carry into construction. The Technical Standards can be viewed at:

https://www.beaverton.k12.or.us/depts/facilities/development

7. WORK PROCESSES

The District uses several work processes in collaborating with our design and construction firms during the course of our projects. These work processes are documented in the form of Beaverton School District Facilities Development Department Standard Operating Procedures (SOP). Applicable portions of these work processes are installed in our e-Builder project management system so that the workflow in that system aligns with our SOP.

While the need for brevity in this solicitation does not allow replication of our entire SOP’s in this document, the following key work processes are listed and summarized because we believe that it is important that the Proposer understand that they will need to actively implement and adhere to them during the design services to the District:

a. Open Issues Process. From the very beginning of design an Open Issues Log (OIL) will be opened and maintained throughout the design. Open Issues include key decisions that must be made in a timely manner for the design to proceed effectively and also include key data or information (such as existing site information) which must be known by parties to perform the design. Each Open Issue is reviewed weekly and jointly driven to closure on the specified need date.

b. Event Process. From the very beginning of design an Event Log (EL) will be opened and maintained throughout the design. Events include any development affecting the project with the significant possibility of changing the schedule and/or budget. Each Event is reviewed weekly and jointly managed with the goal of eliminating it or mitigating its potential impact on the project. Any Events that cannot be mitigated and are accepted by the District will be used to modify the project budget and/or schedule appropriately.

c. Design Review Process. Design reviews will be conducted in a formalized manner with all reviewers receiving their respective review documents on the same date and with the same review completion deadline. All A/E review documents will be collected by the A/E, including those of their sub-consultants, and all District reviews will be collected by the District. A Design Review Mitigation Meeting (DRMM) will https://www.beaverton.k12.or.us/depts/facilities/development be set to occur at a pre-arranged District site conference room and all review documents will be brought to that room in advance of the DRMM. All reviewers will assemble in the room and the District Project Manager will moderate the DRMM, leading each reviewer through his/her review document and briefly discussing each review comment before determining a disposition for the comment; (1) reject, (2) accept, or (3) accept in modified form. The disposition of each reviewer’s comment will be recorded on a Review Comment Disposition Form (RCDF). After the DRMM, this same form will then be used by the A/E as a Review Correction Checklist from which to manage the completion of review actions in the time allowed for review action item implementation.

d. Lessons Learned Process. Throughout the course of the project, learnings of note will be listed on a Lessons Learned List. The initial draft of this list will be provided by the District staff in the design launch meeting and will constitute previous learnings.

8. DESCRIPTION OF SERVICES

The awarded Design-Build firm will coordinate and manage the design and construction process as a member of the team with the Owner and any other Owner contracted project consultants. Proposers should be skilled in developing schedules, preparing construction estimates, performing value engineering, analyzing alternative designs, studying labor conditions, understanding construction methods and techniques, and coordinating and communicating the activities of the Team throughout the design and construction phases to all members of the construction team. In addition, the selected Design-Build entity must be familiar with the local labor and subcontracting market and be capable of working with subcontractors to generate viable pricing alternatives.

a. Programming. The Design-Build entity shall, upon the District’s request, serve as a special consultant to the Owner and will analyze the current Technical standards for Division 27 & 28. The successful Proposer will coordinate with Owner stakeholders to create updated versions of Divisions 27 & 28 of the Technical standards as they relate to the included scopes of work. Any updates involving brand names may be subject to a public brand standardization process.

b. Phase 1 (Pre-Construction). The Design-Build entity shall serve as a special consultant to the Project Team and will analyze the project program, create a design, and review proposed modifications with the goal of providing the Owner the highest quality work within established timeframe and budget.

i. The Contractor will conduct a design process whereby the Contractor and/or it’s sub-consultants work collaboratively with the project team, authorities having jurisdiction, and any other necessary parties.

Designs should meet any established project criteria, unless modified by the District.

ii. Design-related Design-Build activities will include detailed cost estimating, value engineering, constructability review, coordination review, and analysis of alternative materials and systems for the Project in addition to construction-related schedule refinement.

iii. The Design-Build entity will serve as general contractor for the project, at risk.

iv. The Design-Build entity will provide detailed backup, for District consideration at the completion of the

Design Development phase for the actual construction work. The Cost of Work plus the Design-Build entity’s fee. Although it is the intention of the District to save money on the project, if at all possible, the District reserves the right to work with the Design-Build entity to use the anticipated savings to build additional necessary components of the project, which will be available for selection as additive alternates.

v. The District may cancel a Design-Build contract in accordance with its terms and without additional payment or penalty use any designs to procure the work through other means.

c. Phase 2 (Construction). The Design-Build entity shall provide and pay for all materials, tools, equipment, labor, professional and non-professional services, and shall perform all other acts and supply all other items necessary to perform and complete the Work, as required by the Contract Documents fully and properly.

a. Design-Build entities shall demonstrate they have the capacity, staffing and commitment to provide the required services to complete the tasks noted in this RFP.

9. SPECIAL REQUIREMENTS

The District will impose some special requirements to ensure a fair level of competition. Proposers should carefully review the Sample Contract and note the following requirements concerning management of this project:

a. A detailed description of items that make up the Design-Build entity.

b. The process used to award subcontracts by the Design-Build entity are to be monitored by the District’s

Project Manager and reported on a regular basis for compliance with the Contract’s Procurement Requirements.

c. For this contract, the prevailing wage rates and all other standard terms and conditions of State of Oregon Public Works Contracts apply.

10. GENERAL REQUIREMENTS FOR VIDEO SURVEILLANCE(CAMERAS)

All certified personnel must have the ability to reliably be onsite at Beaverton School District Facilities as needed to successfully perform the work included in the Projects awarded hereunder.

a. Qualifications & Certifications

i) The Contractor or its partner/sub-contractor must be a Certified Dealer and Value-Added Reseller (VAR) for Milestone.

ii) The Contractor or its partner/sub-contractor must timely provide system engineers that have and maintain active Milestone Certified Integration Engineer Certifications for the duration of each project/contract requiring this type of work.

b. The Contractor or its partner/sub-contractor must timely provide Technicians that have and maintain active Milestone Certified Integration Technician Certification for the duration of projects/contracts requiring this type of work., , and a current Class A Limited Energy License (LEA). Apprentices performing this work must be in a low voltage apprenticeship program in the State of Oregon.

11. GENERAL REQUIREMENTS FOR ACCESS CONTROL (CARD READERS)

All certified personnel must have the ability to reliably be onsite at Beaverton School District Facilities as needed to successfully perform the work included in the Projects awarded hereunder.

a. For database and programming the Contractor or its partner/sub-contractor must provide Lenel certified experts (LCE).

b. For field hardware application and installation, provide Lenel certified professionals (LCP).

d. Throughout each Project the Contractor must maintain an appropriate number of FTE in the Portland area who are 1) resourced to the Project, and 2) have Lenel Expert and Professional certification, or with Oregon Class A limited energy license.

12. GENERAL REQUIREMENTS FOR ACCESS CONTROL (INTRUSION CONTROL)

Submittal Documents shall include the number of qualified personnel provided for the work and copies of professional certifications as required below. All certified personnel to be based in the Portland metro area.

a. For field hardware application and installation the Contractor must provide Bosch certified professionals.

For Technicians- All need to be Bosch certified with at least the level of Technical Certification of Expert.

b. All technicians shall be LEA licensed or in the apprenticeship program for low voltage with the state of Oregon.

13. SPECIFIC SERVICES DESCRIPTION

a. Programming

i. Provide a review of the BSD Technical Standards of Division 27 & 28. The Owner may at its sole discretion may change or adopt new brand standardizations for any/all areas of scope.

ii. Participate in design meetings with the Owner to coordinate updates to the standards.

iii. Provide updated Technical Standards to include application of systems based on Facility type;

Elementary Schools, Middle Schools, High Schools, Option Schools, and non-student facilities.

b. Phase 1 Services:

i. Complete the design process as established in the AIA 141 document, or a modified version of that process found acceptable by the District.

ii. Participate in weekly design meetings with the Owner and Owner consultants.

iii. Consult with the District and the Design Team to determine design criteria. Such consultation will include evaluation of alternatives from functional, performance, time, and cost perspectives.

iv. Consult with the District in refining the project construction budget, and establishing and maintaining a detailed cost model for the work as the design evolves.

v. Assist in life cycle value analysis from drawings, specifications, other design criteria, and alternative designs as may be requested by the District.

vi. Cost management and control services shall be provided to assist in keeping development costs within the project budget. These services shall include the following:

A. The analysis, review, and recommendation for all project contracts.

B. Preparation of a detailed estimate for probable construction cost at the completion of 80%

Construction Documents.

vii. Develop a strategy for obtaining building permits in a timely fashion. Meet with building and other regulatory officials as appropriate. Attend all meetings pertaining to permitting, as required. It is anticipated that these functions will continue throughout all phases of the project.

viii. Prepare a detailed milestone schedule identifying the work to be performed by the Design Team, the District, and the Contractor during this phase. The Contractor shall report progress bi-weekly against this schedule.

ix. Create and review the plans and specifications on a continuous basis and advise the District whenever the estimated construction costs are tending to exceed line items from the model budget. In a timely fashion, provide the District with alternatives that will bring the project cost within budget, without compromising the scope agreed to in the outline specification. Continually update the project cost.

x. Review all plans as they are developed and make value engineering and constructability recommendations. Review all design and specification documents for completeness, proper details, compliance with program and master plan requirements and adherence to codes or applicable agency requirements, reporting deficiencies, conflicts, and/or clarification questions identified to the Project Team.

xi. Prepare site and building logistics plans to encompass all proposed activities and impacts to the site, adjacent properties, and neighboring streets.

c. Phase 2 Services:

i. Continue all reporting as described above.

ii. Implement an accounting system for effective fiscal control, including a bi-weekly detailed cost estimate and a monthly status report with budget recommendations. The monthly status report will include full schedule reporting as well as a summary of all major outstanding items with proposed solutions. The cost of preparing the monthly reports is to be included with the Design-Build entity’s fee.

iii. Prepare and put out early procurement packages as determined appropriate by the Team.

iv. Prepare all design packages, according to the contractual requirements and district procedures.

Recommend to the District any modifications to existing procedures or implementation of new procedures where appropriate. Ensure that all packages, including those for early procurement, are within budget. It is the responsibility of the Design Build entity to provide the Owner with sufficient viable options, in a timely fashion, such that the project will be within budget.

v. Fully coordinate the work of all subcontractors and vendors. Provide regular and on-going quality inspection and assistance to the Design Team in ensuring that the work meets all specifications and applicable codes.

vi. Review and expedite all change order requests.

vii. Monitor compliance with payment of prevailing wages on all contracts and subcontracts, per ORS 279.

viii. Maintain in a current condition all Project Records, including permits, construction documents, as-built records, meeting records, submittals, inspection reports, invoices, delivery receipts, daily activity logs, RFI’s, ASI’s, CO’s, etc.

ix. Transmit copies of all project correspondence through the e-Builder system including, but not limited to: Meeting Minutes; Requests for Information (RFI); RFI logs; Submittals; Submittal Logs; Inspection Reports; Change Order Proposals (COP); COP Logs; Change Orders (CO); CO Logs; Construction Change Directives (CCD); CCD Logs; Architect’s Supplemental Instructions (ASI); ASI Logs; Permits; Project Allowance(s) Reconciliation; Project Contingency status reports; and Project Schedule updates.

SECTION III – PUBLIC CONTRACTING RULES

1. SELECTION PROCEDURE.

This Solicitation is a competitive procurement method subject to the conditions described in ORS 279C and conditions enumerated under Section 13 of District Policy DJC-AR.

2. ELIGIBILITY TO PROPOSE.

a. Construction Contracts. The District shall not consider a Person's Proposal 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 (Proposal submitted).

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

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

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

3. PRE-PROPOSAL CONFERENCE.

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

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

c. Notice. The Summary page of this solicitation indicates the pre-Proposal conference scheduled date and time, and that the pre- Proposal conference is mandatory.

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

4. ADDENDA.

a. Issuance; Receipt. The District may change this Solicitation only by written Addenda. A Proposer shall provide written acknowledgement of receipt of all issued Addenda with their Proposal on the Proposer Certification.

b. Notice and Distribution. The District will publish notice of any and all Addenda on the Oregon Buys website. Addenda may be downloaded from the Oregon Buys website. It is the Proposers’ responsibility to inquire about Addenda. Proposers should frequently check the Oregon Buys website until Closing about any Addenda issued, i.e., at least once weekly until the week of Closing and at least once daily the week of the Closing.

c. Timelines; Extensions. The District 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. Except to the extent required by public interest, the District shall not issue Addenda less than 72 hours before the Closing unless the Addendum also extends the Closing.

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

5. REQUEST FOR CLARIFICATION OR CHANGE; SOLICITATION PROTESTS.

a. Clarification. Prior to the deadline for submitting a written request for change or protest (“Deadline”), a Proposer may request that the District clarify any provision of the Solicitation. The District's clarification to a Proposer, whether orally or in writing, does not change the Solicitation and is not binding on the District unless the District amends the Solicitation by Addendum.

b. Request for Change.

i. Delivery. A Proposer may request in writing a change to the Specifications or Contract terms and conditions. A Proposer must deliver to the District only by email, any written requests for change prior to the Deadline and only to the email address listed on the Summary page of this Solicitation. (Proposer is responsible for ensuring receipt by the District.)

ii. Content of Request for Written Change:

A. A Proposer’s written request for change shall include a statement of the requested change(s) to the contract terms and conditions, including any Specifications, together with the reason for the requested change.

B. A Proposer shall mark its emailed request for change as follows:

I. “Contract Provision Request for Change”; and

II. The Solicitation number 23-0024.

c. Protest.

i. Delivery. A Proposer may protest Specifications or Contract terms and conditions. A Proposer must deliver to the District any such Protests in writing, prior to the Deadline, and only to the email address listed on the Summary page of this Solicitation. (Proposer is responsible for ensuring receipt by the District.)

ii. Content of Protest.

A. A Proposer’s written protest shall include:

I. A detailed statement of the legal and factual grounds for the protest;

II. A description of the resulting prejudice to the Proposer; and

III. A statement of the desired changes to the contract terms and conditions, including any Specifications.

B. A Proposer shall mark its emailed protest as follows:

I. “Contract Provision Protest”; and

II. The Solicitation number 23-0024.

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

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

6. CANCELLATION OF SOLICITATION.

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

7. PROPOSAL SUBMISSIONS.

a. Offer and Acceptance. The submitted Proposal is the Proposer's Offer to enter into a Contract.

i. The Offer is always a "Firm Offer," i.e., the Proposal shall be held open by the Proposer for the

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

ii. Notwithstanding the fact that a competitive Proposal is a “Firm Offer” for the period specified above, the District may elect to discuss or negotiate certain contractual provisions with the Proposer. Where negotiation is requested by the District, Proposers are obligated to negotiate in good faith and only on those terms that the rules or the Solicitation Document has reserved for negotiation.

b. Responsive Proposal. The District may award a Contract only to a Responsible Proposer with a Responsive Proposal.

c. Contingent Proposals. A Proposer shall not make a Proposal contingent upon the District's acceptance of any terms or conditions (including Specifications) other than those contained in this Solicitation.

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

e. Instructions. A Proposer shall submit and sign their Proposal in accordance with Section V.

f. Forms. Proposers shall submit the form(s) required under Section V.

g. Documents. Proposers shall provide the District with all documents and descriptive literature requested.

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

i. Identification of Proposals.

i. To ensure proper identification and handling, Proposals shall be submitted by email with attachments in PDF format.

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

j. Receipt of Proposals.

i. Proposers are responsible for ensuring that the District receives their Proposal at the required delivery point prior to the closing due date and time, regardless of the method used to submit the Proposal. Proposals shall only be submitted by email to contracts@beaverton.k12.or.us as indicated on the Summary Page of this Solicitation. Proposers are solely responsible for ensuring that the District has received and is able to open/properly read email attachments prior to

Closing.

k. Failure to submit Proposals in accordance with the provisions of this Section shall be grounds to declare the Proposal as nonresponsive.

l. Certification. Proposers shall (on the Proposer Certification enclosed):

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

ii. Indicate that the Proposer will comply with Prevailing Wage Laws ORS 279C.800 through

ORS 279C.870 or 40 U.S.C. 3141 et seq;

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

iv. Provide written acknowledgment of receipt of all Addenda.

8. PRE-CLOSING MODIFICATION OR WITHDRAWAL.

a. Modifications. A Proposer may modify their Proposal in writing prior to the Closing. A Proposer shall prepare and submit any modification to its Proposal to the District in accordance with OAR 137-49- 0280. Any modification must include the Proposer’s statement that the modification amends and supersedes the prior Proposal. The Proposer shall email its modification to contracts@beaverton.k12.or.us and include the following in the email subject line, body text, etc.:

i. “Proposal Modification”; and

ii. The Solicitation Number

b. Withdrawals.

i. A Proposer may withdraw its Proposal by written notice submitted on the Proposer’s letterhead, signed by an authorized representative of the Proposer, emailed to contracts@beaverton.k12.or.us and received by the District prior to the Closing;

ii. The District may release an unopened withdrawn Proposal to the Proposer or its authorized representative by email;

iii. The Proposer shall include the following in the email subject line, body text, etc.:

A. Proposal Withdrawal; and B. Solicitation Number.

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

9. RECEIPT, OPENING, AND RECORDING OF PROPOSALS; CONFIDENTIALITY OF PROPOSALS.

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

The District’s email system shall electronically time-stamp each Proposal and any modification upon receipt.

b. Opening and Recording. Timely received Proposals will be opened, recorded and prepared for evaluation pursuant to SECTION V. The District will not read Proposals aloud.

10. LATE PROPOSALS, WITHDRAWALS AND MODIFICATIONS. Pursuant to OAR 137-049-0340:

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

11. MISTAKES:

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

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

i. The District may waive, or permit a Proposer to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Proposal, or an insignificant mistake that can be waived or corrected without prejudice to other Proposers.

Examples of minor informalities include a Proposer's failure to:

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

B. Sign the Proposal in the designated block, provided a Signature appears elsewhere in the

Proposal, evidencing an intent to be bound; and C. Acknowledge receipt of an Addendum to the Solicitation Document, provided that it is clear on the face of the Proposal that the Proposer received the Addendum and intended to be bound by its terms; or the Addendum involved did not affect price, quality or delivery.

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

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

A. The nature of the error;

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

C. That the error cannot be corrected or waived under Item 11.b.ii above;

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

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

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

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

iv. The criteria in Item 11.b.iii above shall determine whether the District will permit a Proposer to withdraw its Proposal after Closing. These criteria also shall apply to the question of whether the District will permit a Proposer to withdraw its Proposal without forfeiture of its Proposal Security (or other Bid or Proposal bond/security) if any, or without liability to the District based on the difference between the amount of the Proposer's Proposal and the amount of the Contract actually awarded by the District, whether by Award to the next best Responsive and Responsible Proposer, or by resort to a new solicitation.

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

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

12. PROPOSAL EVALUATION CRITERIA. Pursuant to OAR 137-049-0380:

a. General. A Public Improvement Contract, if Awarded, must be Awarded to the Responsible Proposer submitting the best Responsive Proposal.

b. Proposal Evaluation Criteria. The evaluation criteria is set forth in Section V – RESPONSE AND

EVALUATION.

13. PROPOSAL EVALUATION AND AWARD; DETERMINATION OF RESPONSIBILITY.

Pursuant to OAR 137-049-0390:

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

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

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