SMES Classroom Modulars-BID SET SPECS-23-0417~1.pdf

Project Manual for

Scouters Mountain Elementary School

Classroom Modulars

Divisions 00-26

North Clackamas School District

12400 SE Freeman Way

Milwaukie, Oregon 97222

Permit Set

April 17, 2023

SET # ____________

BID SET

PROJECT MANUAL

for

Scouters Mountain ES

Classroom Modulars

12400 SE Freeman Way

Milwaukie, Oregon 97222

BRIC Architecture, Inc.

1233 NW Northrup Street, Suite 100

Portland, OR 97209 T 503 595 4900

April 17, 2023

DOCUMENT 00 01 10

TABLE OF CONTENTS

Project No. 22027 North Clackamas School District 00 01 10 - 1

April 2023 Scouters Mountain ES Classroom Modulars

Printed 04/17/23 Bid Set

DOCUMENT 00 01 10

TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS

DIVISION 00 -- PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 07 Seals Page

00 01 10 Table of Contents

00 11 16 Invitation to Bid

00 43 50 First-Tier Subcontractor Disclosure Form

00 52 00 Agreement Form

Contract for Construction

00 72 00 General Conditions

Exhibit A-Design-Bid-Build General Conditions

Exhibit B-Insurance Requirements

Exhibit C-COVID Waiver

SPECIFICATIONS

DIVISION 01 -- GENERAL REQUIREMENTS

01 10 00 Summary

01 20 00 Price and Payment Procedures

01 25 00 Substitution Procedures

Substitution Request Form

After Bid Substitution Form

01 26 00 Contract Modification Procedures

01 30 00 Administrative Requirements

01 32 00 Construction Progress Documentation

01 40 00 Quality Requirements

01 42 16 Definitions

01 50 00 Temporary Facilities and Controls

01 60 00 Product Requirements

01 70 00 Execution

01 74 19 Construction Waste Management and Disposal

01 77 00 Closeout Procedures

01 78 00 Closeout Submittals

DIVISION 02 -- EXISTING CONDITIONS THROUGH DIVISION 21 – FIRE SUPPRESSION -

NOT USED

DIVISION 22 -- PLUMBING

22 00 00 Plumbing Basic Requirements

22 05 33 Heat Tracing for Plumbing Piping

22 07 00 Plumbing Insulation

22 10 00 Plumbing Piping

DOCUMENT 00 01 10

Project Number 21004 Project Name 00 01 10 - 2

April 2022 Project Name

Printed 23/Jun/2022 School District Name

DIVISION 26 -- ELECTRICAL

26 00 00 Electrical Basic Requirements

26 05 19 Low-Voltage Electrical Power Conductors and Cables

26 05 26 Grounding and Bonding for Electrical Systems

26 05 29 Hangers and Supports for Electrical Systems and Equipment

26 05 33 Raceways

26 05 34 Boxes

26 05 53 Identification for Electrical Systems

26 22 00 Low-Voltage Transformers

26 27 26 Wiring Devices

26 28 00 Overcurrent Protective Devices

26 28 16 Enclosed Switches and Circuit Breakers

DIVISION 31 -- EARTHWORK

31 20 00 Earth Moving

31 25 00 Temporary Erosion and Sediment Control

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 12 16 Asphalt Paving

32 16 00 Site Concrete

DIVISION 33 -- UTILITIES

33 05 00 Common Work Results for Utilities

33 11 00 Water Utility Distribution Piping Cables

33 31 00 Sanitary Utility Sewerage Piping

33 41 00 Storm Utility Drainage Piping

33 46 00 Subdrainage

END OF TABLE OF CONTENTS

NORTH CLACKAMAS SCHOOL DISTRICT NO. 12

INVITATION TO BID

FOR

Scouters Mountain Elementary School Modular

Classroom Installation Project

ITB-002-2023

Bid Issued: April 18, 2023

Site Meeting: April 25, 2023

Bid Due Date: May 4, 2023

Bid Opening: May 4, 2023

For further information regarding this project

Contact: Leif Palmer, Senior Purchasing Specialist Email:

palmerle@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.

mailto:palmerle@nclack.k12.or.us

North Clackamas School District requests bids for the above referenced project. The General Contractor will coordinate with Modern Building Systems for a complete installation of (2) modular classroom buildings at Scouters Mountain Elementary School. General Contractor to be responsible for all site preparation and modifications including waterlines, sewer, storm drainage, grading, irrigation, seeding, fencing, electrical and plumbing utilities and low voltage installation. Modern Building Systems will be contracted separately to deliver and install pre-engineered modular buildings and associated decking. Contract Documents prepared by BRIC Architecture and their consultants.

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

Pre-Bid meeting will be held at:

Scouters Mountain Elementary School 10811 SE 172nd Ave, Happy Valley, OR 98086 on Tuesday April 25, 2023 at 11:00AM. This is a non-mandatory meeting.

Any statements made by the District’s 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 2:00 PM Pacific Time, on May 4, 2023 to Leif Palmer, Senior 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 palmerle@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 Meet.

First-tier subcontractor lists, if applicable, shall be submitted, preferably in a separate envelope (or email), by 4:00 PM Pacific Time, on (Date).

Bids received after the 2:00 PM Pacific Time submission time, and bids that are not accompanied with the required subcontractor's list (Section 004400), if applicable, by 4:00 PM Pacific Time, will not be considered.

Bidders may obtain electronic copies of Bidding Documents at no charge upon request.

Bidders shall comply with all BOLI and CCB requirements as adopted in Senate Bill 477 (effective January 1, 2006) including all filing, notification, and payment requirements;

Retainage for payment for labor, and the filing of a $30,000 public works bond with the Oregon Construction Contractors Board. The Public Works Bond shall be obtained from a corporate surety authorized to do business in this state.

By submission of a bid, the Bidder agrees to comply with the provisions of 279C.800 through 279C.870 relating to State of Oregon, BOLI Prevailing Wage Rates, April 5, 2023 if applicable. https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

Leif Palmer, Senior Purchasing Specialist North Clackamas School District mailto:palmerle@nclack.k12.or.us 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-002-2023, Scouters Mountain Elementary School Modular Classroom Installation Project

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 palmerle@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.

D. Withdrawal of Bids. A bid may be withdrawn prior to the bid closing time and date. Bids may be mailto:palmerle@nclack.k12.or.us 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

North Clackamas School District No. 12

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DOCUMENT 00 40 00

BID FORM

PROJECT: ITB-002-2023

Scouters Mountain Elementary School Modular Installation Project

BID OPENING: May 4, 2023 at 2:00 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:

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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, if applicable.

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 85 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

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Owner. The only exceptions to this schedule are defined in the General Conditions.

Notice to Proceed: May 26, 2023

Construction Start: June 19, 2023

Substantial Completion: August 18, 2023

Final Completion: October 13, 2023

2. To pay to the Owner as liquidated damages the amount of $500 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 $500.

3. To accept as full payment for Base Bid for the Scouters Mountain Elementary School Modular Classroom Installation 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.

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

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 (No. ITB-002-2023) for the project identified as: Scouters Mountain Elementary School Modular Classroom Installation 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 , 2023.

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)

SCOUTERS MOUNTAIN ELEMENTARY SCHOOL MODULAR CLASSROOM INSTALLATION PROJECT

BID #: ITB-002-2023 BID CLOSING May 4, 2023: TIME: 2:00 p.m. (PST)

FIRST TIER DISCLOSURE DEADLINE: May 4, 2023: TIME: 4:00 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: Leif Palmer, Senior Purchasing Specialist, palmerle@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-002-2023, Scouters Mountain Elementary School Modular Classroom Installation 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:

Scouters Mountain Elementary School Modular Classroom Installation Project for North Clackamas School District in strict accordance with the specifications contained in ITB-002-2023.

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-002-2023, Scouters Mountain Elementary School Modular Classroom Installation 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:

ITB-002-2023, Scouters Mountain Elementary School Modular Classroom Installation Project for North Clackamas School District in strict accordance with the specifications contained in ITB-002-2023

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. 22027 North Clackamas School District 00 73 40 - 1

April 2023 Scouters Mountain ES Classroom Modulars

Printed 04/17/2023 Bid Set

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. http://www.oregon.gov/boli/WHD/PWR/Pages/PWR-Rate-Publications---2021.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.

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.

Project No. 22027 North…