Vol_1-Bid_Contract_Requirements-MSD_MS_Asbestos-Abatement-24-12-04.pdf

Project Manual

Volume 1

Mapleton School District

Mapleton Middle School Asbestos Abatement

December 3, 2024

Wilson-architecture.com • 541-912-0878

Middle School Asbestos Abatement 00 0101

Mapleton School District PROJECT TITLE AND INFORMATION PAGE

12/4/2024 PAGE 1 of 1

SECTION 00 0101

PROJECT TITLE AND INFORMATION PAGE

1. Project Identification

Owner Mapleton School District

10868 East Mapleton Road

Mapleton, OR 97453

Owner’s Contact Jeron Ricks, Business Manager

Project Name Middle School Asbestos Abatement Project

Project Site Location Mapleton School District Campus

10868 East Mapleton Road

Mapleton, OR 97453

PBS Project Number 24010460

2. Project Description

The project is located at Mapleton Middle School and consists of asbestos abatement in described in the

Mapleton Middle School Building Asbestos Abatement dated November, 2024 and prepared by PBS

Engineering and Environmental LLC.

3. Project Consultants

Architect Wilson Architecture

Curt Wilson, AIA curt@wilson-architecture.com

Consultant PBS Engineering and Environmental LLC

Aaron LeFore, Project Designer

3500 Chad Drive, Suite 100

Eugene, OR 97408

4. Procurement Timetable

Bid Documents Available 12/4/2024

Pre-Bid Meeting 12/17/2024 at 2:00 pm at Project Site

Additional Site Visits 1/7/2025 at 1:00-3:00 pm at the Project Site

1/9/2025 at 1:00-3:00 pm at the Project Site

Last Addenda 1/9/2025 at 5:00 or earlier

Bid Period Closing 1/14/2025 at 2:00 p.m.

First-Tier Sub. Disclosure Due 1/14/2025 at 4:00 p.m.

Construction Schedule Milestone See Section 01 1000 – Summary

END OF SECTION

Middle School Asbestos Abatement 00 0110

Mapleton School District TABLE OF CONTENTS

SECTION 00 0110

TABLE OF CONTENTS

Volume 1 – Prepared by Wilson Architecture

PROCUREMENT AND CONTRACTING REQUIREMENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 0101 Project Title Page

00 0110 Table of Contents

00 1113 Ad For Bid

00 2113 Instructions to Bidders

00 2601 Alternates

00 4100 Bid Form

00 4313 Bid Bond

00 4338 First-Tier Subcontractor Disclosure Form

00 4519 Non-Collusion Affidavit

00 5000 Contracting Forms and Supplements

00 5200 Agreement Form

00 5201 Public Contracting Code

00 6115 Public Works Bond

00 7200 General Conditions

00 7317 Insurance Coverage Requirements

00 7343 Prevailing Wage Requirements

VOLUME 1 APPENDIX

Referenced AIA Documents

MS Abatement Priority Zone Diagram

Volume 2 – Prepared by PBS

Division 01 Documents

Division 02 Document

Drawing HA1

Middle School Asbestos Abatement 00 1113

Mapleton School District ADVERTISEMENT FOR BID

12/4/2024 PAGE 1 of 2

SECTION 00 1113

ADVERTISEMENT FOR BID

1. Invitation to Bid Notice

Notice is hereby given that bids for construction of the Mapleton School District Middle School Asbestos

Abatement project will be received at the date and time and location shown below.

Bid Submission Deadline (Closing)

Date: Tuesday, 1/14/2025 at 2:00 pm local time.

Location: Mapleton School District Office (within High School) at 10868 East Mapleton Road, Mapleton, OR 97453.

Bidders shall submit bids in a sealed, opaque envelope, plainly marked “Proposals for Construction

Services – Middle School Asbestos Abatement”. The Bid Opening time will be immediately after the deadline for submission of bids. Bids will be opened at the above location.

2. Project Description

The project is located at Mapleton Middle School and consists of asbestos abatement in described in the

Mapleton Middle School Building Asbestos Abatement dated November, 2024 and prepared by PBS

Engineering and Environmental LLC.

3. Documents

Files containing the Bid Documents can be downloaded from Oregon Buys (https://oregonbuys.gov) on or after 3:00 p.m. local time on 12/4/2024. The Bid Documents are comprised of two documents:

Volume 1 and Volume 2.

To register your intent to bid the project as a primer bidder and to receive addenda, send an email to

Curt Wilson, AIA, Wilson Architecture at curt@wilson-architecture.com. Include a contact name and email address.

Registered prime bidders will be listed in the addenda.

Plans and specifications may be viewed at local area plan centers. Documents will be sent to these plan centers.

• Contractor Plan Center, Clackamas.

• Daily Journal of Commerce, Portland.

• Douglas Plan Center, Roseburg.

• Eugene Builders Exchange, Eugene.

• McGraw Hill Construction Dodge, Portland.

• Medford Builders Exchange, Medford.

• Salem Contractors Exchange, Salem.

4. Pre-Bid Meeting

A mandatory pre-bid meeting will be held at 2:00 p.m. local time on Tuesday, 12/17/2024 at the project site. Check in at the High School main entrance for directions to the meeting location on the campus

Statements made by Mapleton School District representatives at that meeting are not binding on

Middle School Asbestos Abatement 00 1113

Mapleton School District ADVERTISEMENT FOR BID

12/4/2024 PAGE 2 of 2

District unless confirmed by written addendum.

Additional Non-Mandatory Pre-Bid Site Visits will be held at the times listed below at the Project Site to visit the site and building. This is an opportunity for potential bidders an additional opportunity to review existing conditions. Project representatives may not be available to answer any questions.

1/7/2025 at 1:00-3:00 pm at the Project Site

1/9/2025 at 1:00-3:00 pm at the Project Site

5. Bid Requirements

Bids must be accompanied by a certified check, cashier's check, irrevocable letter of credit or Bid Bond in an amount equal to not less than ten percent (10%) of the total amount of the bid.

Prevailing wage rates for public works contracts in Oregon are required for this project. No bid will be received or considered by the Owner unless the bid contains a statement that the Bidder will comply with the provisions of ORS 279C.800 to 279C.840 regarding the payment of prevailing rates of wage.

All bidders must be "Equal Opportunity Employers" and comply with the appropriate provisions of state and federal law. In regards to Worker's Compensation, all bidders shall be required to comply with ORS

656.017 or are exempt under ORS 656.126.

Each bid must include a statement by the bidder as to whether the bidder is a resident bidder under ORS

279A.120.

Unless exempt under ORS 279C.800 to 279C.870, the successful bidder must file a $30,000 Public Works

Bond with the Construction Contractors Board prior to beginning work on the project, and certify that all sub-contractors have also filed such bond.

The Owner may reject any bid that does not comply with all prescribed public bidding procedures and requirements, including the requirements to demonstrate the bidder's responsibility under ORS

279C.375(3)(b).

The Owner reserves the right to waive informalities, and for good cause to reject any and all bids after finding that doing so is in the public interest.

No bid will be received or considered unless the bidder is licensed by the Construction Contractors

Board or the State Landscape Contractors Board for the work of the project.

Each bidder must submit a disclosure of first-tier subcontractors supplying labor or labor and materials within two hours after the date and time of the deadline when bids are due, in accordance with ORS

279C.370 .

6. Questions and Clarifications

Questions to be directed to the project architect, Curt Wilson at Wilson Architecture at curt@wilson-architecture.com.

Questions will be received until 3 hours prior to the deadline for the last addenda as described in

Section 00 0101 – Project Info and Title Page.

Addendums will be issued by the Architect and distributed through the same outlets as the distribution of the bid documents.

7. Published 12/4/2024. Mapleton School District

Middle School Asbestos Abatement 00 2113

Mapleton School District INSTRUCTIONS TO BIDDERS

12/4/2024 PAGE 1 of 4

SECTION 00 2113

INSTRUCTIONS TO BIDDERS

1. Project Information

MSD: MSD

Name of Project: Middle School Asbestos Abatement Project

2. Form of Bid

All bids must be made upon the blank Bid Form attached hereto and must give a a lump sum price as required in the Bid Form.

Mapleton School District (further referred to as “MSD”) reserves the right to reject any or all bids or to accept the bid deemed in the best interest of MSD. Without limiting the generality of the foregoing, MSD may reject any bid which is incomplete, obscure or irregular; or which is accompanied by an insufficient or irregular Bid Bond.

The bidder shall sign the Bid Form in the blank space provided therefore. All bids must contain the bidder’s tax identification number. Bids made by a corporation, general or limited partnership, or L.L.C., shall contain the name and address of such organization, together with names and addresses of officers, partners or managing members. If the bid is made by a corporation, it must be signed by one of the corporate officers with the authority to sign for the corporation; if made by a partnership, by one of the partners.

All bids must be submitted at the time and place, and in the manner prescribed in the Invitation to Bid.

3. Request for Change or Clarification

A bidder may request a change in items in the bid documents, including contract terms and conditions or specifications, by filing a written request MSD not less than five (5) calendar days prior to the bid submission deadline. Such written request for change must include a statement of the grounds for the request and a statement of the desired changes to the contract terms and conditions or specifications.

MSD is not obligated to consider a bidder’s request for change after the deadline for submitting such protest or request. If MSD agrees with the bidder’s request, in whole or in part, MSD shall issue a written Addendum to the bid documents or specifications.

Prior to the deadline for submitting a written request for change, a bidder may request that MSD clarify any provision of the bid documents. MSD’s clarification to a bidder, whether orally or in writing, shall not change the bid documents and is not binding on MSD unless MSD amends the bid documents by issuing a written addendum.

If a written addendum is issued by MSD, all bidders must provide written acknowledgement, with their bids, of receipt of all issued addenda.

4. Definition of Documents

The Bidding Documents are comprised of the Advertisement for Bid, Instructions to Bidder, Available

Project Information, Bid Form, Additional Bid Documents and Certificates, Agreement Form, Performance and Payment Bond, General Conditions, Insurance Requirements, Prevailing Wage

Requirements, and Proposed Contract Documents.

The Proposed Contract Documents include Divisions 01-33 of the Project Manual, Addendas issued during Bid Period, and Drawings issued for bidding.

12/4/2024 PAGE 2 of 4

Any person contemplating the submission of a bid and being in doubt as to the meaning or intent of said

Bidding Documents should request of MSD, in writing, an interpretation thereof. Any interpretation of said Bidding Documents shall be made only in writing by MSD or their representative(s).

5. Construction Contractors' Board - State Landscape Contractors’ Board

All contractors bidding on public contracts must be licensed with the Construction Contractors' Board or the State Landscape Contractors Board as required by ORS 701.021 or 671.530. Bids must be identified with the Contractors' Board license number. No bids will be considered without this information.

6. Disclosure of First-Tier Subcontractors

When a public improvement contract value is greater than $100,000, all bidders are required to disclose information about first-tier subcontractors, providing labor or labor and materials, when the contract amount of such first-tier subcontractor is equal to or greater than:

1) 5% of the project bid, or $15,000, whichever is greater; or

2) $350,000 regardless of the percentage of the total bid.

Bidders must disclose the following information about such subcontracts, on the First-Tier

Subcontractor Disclosure Form provided by MSD and included herein, within two hours of the bid submission deadline:

1) The subcontractor’s name;

2) The subcontract dollar value; and

3) The category of work to be performed by the subcontractor.

Any bidder not using subcontractors subject to the above disclosure form, must write “NONE” on the

Disclosure Form and sign and submit the form. MSD will reject a bid if the bidder fails to submit the

Disclosure Form before the deadline.

7. Prompt Pay Policy - Timely Progress Payments

ORS 279C.570 and 279C.580 require prompt payment to contractors and subcontractors and provides for settlement of compensation disputes between the parties. MSD is required to automatically calculate and pay interest on invoices from the contractor when payments become overdue. The interest commences thirty (30) calendar days after receipt of the invoice from the contractor, or fifteen

(15) calendar days after the payment is approved by MSD, whichever is earlier. The rate of interest charged to MSD on the amount due shall equal three times the discount rate on 90-day commercial paper, but shall not exceed 30 percent.

MSD is also required to ensure that the contractor includes a clause in each subcontract that obligates the contractor to pay first-tier subcontractors for satisfactory performance under its contract.

Contractors must pay subcontractors within ten (10) calendar days of receiving payment from MSD.

Contracts between primary contractors and subcontractors must also contain an interest penalty clause that obligates the contractor, if payment is not made to the subcontractor within thirty (30) calendar days after receipt of payment from MSD, to pay the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the subcontract payment clause.

The contractor is also required to ensure that first-tier subcontractors include these requirements in each of its subcontracts with lower-tier subcontractors or suppliers.

If requested in writing by a first-tier subcontractor, within ten (10) calendar days after receiving the request, the contractor must provide the first-tier subcontractor, a copy of that portion of any invoice or

12/4/2024 PAGE 3 of 4 request for payment submitted to MSD, or pay document provided by MSD to the contractor, specifically related to any labor or materials supplied by the first-tier subcontractor.

8. Bid Bond, Public Works Bond, Payment Bond and Performance Bond

A Bid Bond, Public Works Bond Filing Certification, Payment Bond and Performance Bond shall be provided. No waivers, special requirements or emergency provisions have been established for this

Contract.

9. Conditions of Work

Bidders must make their own determination of the nature of the work proposed under this Contract, the existing and current conditions which can be encountered in this area, and all other matters which can in any way affect the work proposed under this Contract. It shall also be the bidder's responsibility to be thoroughly familiar with the Bidding Documents. Failure to make the examination necessary for this determination or to examine any form, instrument or document of the Contract shall not release the bidder from the obligations of this Contract.

10. Review of Bids; Basis for Award; Notice of Intent to Award; And Right To Protest Award

In reviewing all bids received and determining the lowest responsible bidder, MSD reserves the right to take into account and give reasonable weight to the extent of the bidder's experience on work of the nature involved, on the bidder's record as to dependability in carrying out of contracts, and evidence of present ability to perform the Contract in a satisfactory manner.

MSD may make such investigations as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to MSD all such information and data for this purpose as

MSD may request. MSD reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy MSD that such bidder is properly qualified to carry out the obligations of the Contract, to complete the work contemplated therein, and to do so in a timely manner. MSD specifically reserves the right to reject a bid from a bidder who, at the time bids are opened, has failed to complete work in a timely manner under a contract previously awarded to the bidder by MSD.

Conditional bids will not be accepted.

In accordance with ORS 279A.120(2)(b), in determining the lowest responsible bidder, MSD shall, for the purpose of awarding the Contract, add a percentage increase on the bid of a non resident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides.

Within forty-five (45) calendar days after the bid opening, MSD will accept one of the bids or reject all of the bids received. If MSD intends to accept one of the bids, it shall issue a Notice of Intent to Award the

Contract to all bidders. MSD’s award will not be final until seven (7) calendar days after the date of the notice if no protest is filed; or if a protest is filed, until MSD provides a written response to all timely-filed protests that denies the protest and affirms the award.

A bidder may submit a formal written protest to MSD’s Notice of Intent to Award the Contract within seven (7) calendar days of the date of MSD’s Notice of Intent. The written protest must specify the grounds upon which the protest is based and must show that the protesting party is an adversely affected or aggrieved bidder. A bidder is adversely affected or aggrieved only if the bidder is eligible for award of the Contract as the responsible bidder submitting the lowest responsible bid, is next in line for award and claims that all lower bidders are ineligible for award in accordance with law.

12/4/2024 PAGE 4 of 4

Such protest must be submitted to MSD at 10868 East Mapleton Road, Mapleton, OR 97453. Any protest received after the 7-day deadline will not be considered. The MSD Superintendent shall have the authority to settle or resolve the protest by written decision.

11. Commencement Date and Expiration Date of Contract

The bidder whose bid is accepted will be required to appear within ten (10) calendar days after notice that the Contract has been awarded to bidder and to execute the Contract with MSD for the full and complete performance of all work specified, and as required by Subsection 5.4 of the General

Conditions, deliver the Public Works Bond Filing Certification form, the Payment Bond to assure payment of the obligations incurred in the performance of the Contract and the Performance Bond and to ensure performance of the Contract.

Should the successful bidder fail or refuse to execute the Contract and furnish the Public Works Bond

Filing Certification form, Payment Bond and/or Performance Bond when required, then the Bid Bond deposited by said bidder shall be retained by MSD as liquidated damages.

12. Duration of Bids; Return of Bid Bonds

All bids will be binding until the later of:

1) the day the contract is executed; or

2) sixty (60) calendar days after the date of bid opening.

Bid bonds will be returned to unsuccessful bidders not later than the date on which the bids are no longer binding.

13. Public Records

These Contract Documents and each bid received in response to it, together with copies of documents pertaining to the award of a contract shall be kept on file as a public record by MSD; provided however, such records shall not be disclosed until after the notice of intent to award the contract has been issued.

14. Records Review; Confidentiality

After notice of intent to award the resulting contract has been issued, all bids shall be available for public inspection except for those portions of a bid that the bidder designates in its bid as trade secrets or as confidential proprietary data in accordance with applicable state law. If MSD determines such designation is not in accordance with applicable law, MSD shall make those portions available for public inspection. The bidder shall separate information designated as confidential from other non-confidential information at the time of submitting its proposal. Prices, makes, models or catalog numbers of items offered, scheduled delivery dates and terms of payment are not confidential, and shall be publicly available regardless of a bidder’s designation to the contrary.

15. Register Prime Bidders

Prime bidders should register with Wilson Architecture to be issued addenda. Addenda will be issued directly to registered prime bidders and posted on the site listed above. To register your intent to bid the project as a primer bidder and to receive addenda, send an email to Curt Wilson, AIA, Wilson

Architecture at curt@wilson-architecture.com. Include a contact name and email address. Registered prime bidders will be listed in the addenda.

Middle School Asbestos Abatement 01 2300

Mapleton School District ALTERNATES

SECTION 01 2300

ALTERNATES

PART 1 GENERAL

1.1 SECTION INCLUDES

A. Description of Alternates.

B. Procedures for pricing Alternates.

C. Documentation of changes to Contract Sum and Contract Time.

1.2 RELATED REQUIREMENTS

A. Document 00 2113 - Instructions to Bidders: Instructions for preparation of pricing for

Alternates.

B. Document 00 41000 - Bid Form: List of Alternates.

C. Document 00 5200 - Agreement Form: Incorporating monetary value of accepted Alternates.

1.3 SUBMISSION REQUIREMENTS

A. Submit Alternates as requested on Bid Form.

B. Indicate variation of Bid Price for Alternates described below. The Bid Form requests a

"difference" in Bid Price by adding to or deducting from the Base Bid Price.

1.4 ACCEPTANCE OF ALTERNATES

A. Alternates quoted on Bid Forms will be reviewed and accepted or rejected at Owner's option.

Accepted Alternates will be identified in the Owner-Contractor Agreement.

B. The Owner reserves the right to accept any combinations of alternates plus the base bid.

C. Coordinate related work and modify surrounding work to integrate the Work of each

Alternate.

D. Bids will be evaluated on the Base Bid price plus any or all of the Alternates intended to be exercised by the Owner. The order of the Alternates listed here does not represent the order in which any of these Alternates will be exercised.

1.5 SCHEDULE OF ALTERNATES

A. Alternate No. 1 – Priority Area A Only

1. Under the Base Bid:

a. See MS Abatement Priority Zone Diagram in Volume 1. Provide work in all Priority

Areas and Above Ceiling and Attic Level Work per Volume 2.

b. Isolate Priority Areas C and D per the Priority Zone Diagram.

2. Under the Alternate:

a. Delete all base bid work, except the flooring abatement work in Priority Area A.

3. Alternate Type: Deductive ((Base Bid work)-(Area B + Area C + Area D + Above

Ceiling/Attic Level work)).

Middle School Asbestos Abatement 01 2300

Mapleton School District ALTERNATES

B. Alternate No. 2 – Priority Areas A + B Only

1. Under the Base Bid:

a. See MS Abatement Priority Zone Diagram in Volume 1. Provide work in all Priority

Areas and Above Ceiling and Attic Level Work per Volume 2.

b. Isolate Priority Areas C and D per the Priority Zone Diagram.

2. Under the Alternate:

a. Delete all base bid work, except the flooring abatement work in Priority Areas A and B.

3. Alternate Type: Deductive ((Base Bid work)-(Area C + Area D + Above Ceiling/Attic Level work)).

C. Alternate No. 3 – Priority Areas A+B+C Only

1. Under the Base Bid:

a. See MS Abatement Priority Zone Diagram in Volume 1. Provide work in all Priority

Areas and Above Ceiling and Attic Level Work per Volume 2.

b. Isolate Priority Areas C and D per the Priority Zone Diagram.

2. Under the Alternate:

a. Delete all base bid work, except the flooring abatement work in Priority Area A, B, and C.

3. Alternate Type: Deductive ((Base Bid work)-(Area D + Above Ceiling/Attic Level work)).

PART 2 PRODUCTS – Not Used

PART 3 EXECUTION – Not Used

Middle School Asbestos Abatement 00 4100

Mapleton School District BID FORM

SECTION 00 4100

BID FORM

1. Project Information

Owner: Mapleton School District

Name of Project: Middle School Asbestos Abatement Project

2. Acknowledgements

This bid is submitted to Mapleton School District at 10868 East Mapleton Road.

The undersigned bidder proposes and agrees, if this bid is accepted, to enter into a Construction

Agreement with the Owner in the form included in the contract documents and to complete all work as specified or indicated in the contract documents for the contract price and within the contract time indicated in this bid and in accordance with the contract documents.

Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation, those dealing with disposition of bid security. This bid may not be amended or withdrawn and is subject to acceptance for forty (45) days after the date of bid opening. The successful bidder will sign the Construction Agreement and submit the security and other documents required by the contract documents within ten (10) days after the date of Owner’s Notice of Award.

In submitting this bid, bidder represents as more fully set forth in the Construction Agreement, that:

Bidder has examined copies of the contract documents and the following addenda:

Date: ______________________ Number: ______________________

Date: ______________________ Number: ______________________

Date: ______________________ Number: ______________________

Date: ______________________ Number: ______________________

Bidder has examined the site and locality where the Work is to be performed, the applicable legal requirements (federal, state, and local, ordinances, rules, and regulations) and the conditions affecting cost, progress, or performance of work, and has made such independent investigation as bidder deems necessary;

This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; bidder has not directly or indirectly induced or solicited any other bidder to submit a false or sham bid; bidder has not solicited or induced any person, firm, or corporation to refrain from bidding; and bidder has not sought by collusion to obtain for himself any advantage over any other bidder or the Owner;

The Owner is not obligated to award any contract based on the bids submitted. Any award which the

Owner makes will be on the basis of the lowest responsible bidder.

If the bidder is awarded the Contract for this work, the name and address of the Surety who will provide the Public Works Bond will be:

The following documents are attached to and made a condition to the bid (check all that are attached):

☐ Required bid security in the form of a bid bond or certified check in the amount of 10% of the bid;

☐ Non-Collusion Affidavit;

☐ First Tier Subcontractor Disclosure Form (attached to the bid or submitted to the Owner within two hours after bid closing).

The following documents are to be executed after the Contract is awarded, prior to beginning work of this project.

• Construction Contract

• Public Works Wage Certification Form.

• Certificate of Insurance.

• Public Works Bond Filing Certification.

3. Bid

Base Bid

Bidder will complete the entire Project for the following total price:

Base Bid: $______________________________________________________

Bid Alternates (See Section 01 2300 - Alternates for additional Information)

Alternate No. 1: Priority Area A Only

Alt No. 1: $ _________________________________ (Deduct from Base Bid)

Alternate No. 2: Priority Areas A and B Only

Alt No. 2: $ _________________________________ (Deduct from Base Bid)

Alternate No. 3: Priority Areas A, B, and C Only

Alt No. 3: $ _________________________________ (Deduct from Base Bid)

4. Declarations

Bidder acknowledges the delineation of Priority Zones and isolation of Priority Zones C and D in the MS

Abatement Priority Zone Diagram.

Bidders Initials: _____________

Bidder agrees and certifies as follows:

1. The provisions of ORS 279C.800 et seq., relating to the prevailing wage rates, will be complied with;

2. Declaration of Residency: I "am" or "am not" (circle one) a "resident bidder"* as defined by

ORS 279A.120, a contractor that has paid unemployment taxes or income taxes in Oregon 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" pursuant to ORS 279A.120.;

3. The provisions of ORS 305.385 relating to Oregon tax laws will be complied with;

4. Bidder has not and will not discriminate against minorities, women or emerging small business enterprises in obtaining any subcontracts required under this Contract, or against a business enterprise owner controlled by, or that employs, a disabled veteran as defined in

ORS 408.225;

5. All employers, including bidder, that employ subject workers who work under the

Construction Agreement shall comply with ORS 656.017 and provide the required Workers'

Compensation coverage unless such employers are exempt under ORS

6. 656.126. Bidder shall ensure that each of its subcontractors complies with these requirements;

7. Bidder is registered and in good standing with the Construction Contractors Board in accordance with ORS 701.035 to 701.055;

8. All subcontractors performing work as described in ORS 701.005(2) will be registered with the Construction Contractors Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the contract.

Bidders Initials: _____________

5. Authority to Submit Bid

Name of company submitting bid and name of authorized representative:

Bidder: Company Name: ____________________________________________

Bidders CCB Number: ____________________________________________

Bidder Tax ID Number: ____________________________________________

Representative: ____________________________________________

Rep Phone Number: ____________________________________________

Address: ____________________________________________

City, State, Zip: ____________________________________________

Email Address: ____________________________________________

If sole Proprietor or Partnership:

In witness hereto, the undersigned as set his/her hand this __________ day of _____________, 202_.

Printed name of bidder: ___________________________________________________

Signature of bidder: ___________________________________________________

Title: ___________________________________________________

If Corporation:

In witness whereof, the undersigned corporation has caused this instrument to be executed and its seal affixed by its duly authorized officers this ____ day of _________________, 202_.

Name of Corporation: ___________________________________________________

Printed name of person signing: ___________________________________________________

Signature: ___________________________________________________

Title: ___________________________________________________

Attest: ___________________________________________________

Middle School Asbestos Abatement 00 4313

Mapleton School District BID BOND

SECTION 00 4313

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

Mapleton 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 for the project identified as: Mapleton School District Middle School Asbestos Abatement 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 percent (10%) of the total amount of the bid pursuant to the procurement document and ORS

279C.365(5) 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 bond, payment bond and public works bond as required by Obligee 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 ___________________, 202_.

PRINCIPAL: ___________________________ SURETY: ____________________________

By ___________________________________ BY ATTORNEY-IN-FACT:

Signature

Official Capacity Name

Attest: ________________________________ _____________________________________

Corporation Secretary Signature

Address

City State Zip

Phone Email

Middle School Asbestos Abatement 00 4338

Mapleton School District FIRST-TIER CONTRACTOR DISCLOSURE FORM

SECTION 00 4338

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

Owner: Mapleton School District

Name of Project: Middle School Asbestos Abatement Project

BID CLOSING: Date: 1/14/2025 at 2:00 pm.

This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing date and within two working hours after the advertised bid closing time.

List below the name of each subcontractor that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter “NONE” if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED.)

NAME DOLLAR VALUE CATEGORY OF WORK

1) ____________________________ _______________________ _____________________

2) ____________________________ _______________________ _____________________

3) ____________________________ _______________________ _____________________

4) ____________________________ _______________________ _____________________

5) ____________________________ _______________________ _____________________

6) ____________________________ _______________________ _____________________

7) ____________________________ _______________________ _____________________

8) ____________________________ _______________________ _____________________

9) ____________________________ _______________________ _____________________

FAILURE TO SUBMIT THIS FORM BY THE DISCLOSURE DEADLINE WILL RESULT IN A NON-RESPONSIVE

BID. A NON-RESPONSIVE BID WILL NOT BE CONSIDERED FOR AWARD.

Form submitted by (bidder name):

Contact name:

Phone no.:

Middle School Asbestos Abatement 00 4519

Mapleton School District NON-COLLUSION AFFIDAVIT

SECTION 00 4519

NON-COLLUSION AFFIDAVIT

State of _______________ ) Mapleton School District

) ss.

County of ______________ ) Middle School Asbestos Abatement Project

I state that I am of and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder, except as disclosed on the attached appendix.

That neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been discussed with any other contractor, bidder or potential bidder, except as disclosed on the attached appendix.

No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

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

_____________________, its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described on the attached appendix.

I state that I, understands and acknowledges that the above representations are material and important, and will be relied on by the Mapleton School

District in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Mapleton School District of the true facts relating to the submission of bids for this contract.

Name of Company: _________________________

Position: _________________________

SIGNED and SWORN to before me this _____________day of ______, 201_, by ________ .

Notary Public for _________________________

Middle School Asbestos Abatement 00 5000

Mapleton School District CONTRACTING FORMS AND SUPPLEMENTS

SECTION 00 5000

CONTRACTING FORMS AND SUPPLEMENTS

1. GENERAL

A. The following AIA forms will be provided as needed.

B. The most recent version of the AIA Document will be utilized.

2. AGREEMENT AND CONDITIONS OF THE CONTRACT

A. See Section 00 5200 - Agreement Form for the Agreement form to be executed.

B. See Section 00 7200 - General Conditions for the General Conditions.

3. FORMS

A. The following AIA forms will be provided as needed.

B. Clarification and Modification Forms:

B1. Construction Change Directive Form: AIA G714.

B2. Change Order Form: AIA G701.

C. Closeout Forms:

C1. Contractor's Affidavit of Payment of Debts and Claims: AIA G706

C2. Affidavit of Payment of Debts and Claims: AIA G706

C3. Contractor's Affidavit of Release of Liens: AIA G706A

C4. Consent of Surety to Final Payment: AIA G707

C5. Consent of Surety to Reduction in or Partial Release of Retainage: G707A

4. REFERENCE STANDARDS

A1. AIA A201 - General Conditions of the Contract for Construction.

A2. AIA G701 - Change Order.

A3. AIA G702 - Application and Certificate for Payment.

A4. AIA G703 - Continuation Sheet.

A5. AIA G704 - Certificate of Substantial Completion.

A6. AIA G706 - Contractor's Affidavit of Payment of Debts and Claims.

A7. AIA G706A: Contractor's Affidavit of Release of Liens.

A8. AIA G707: Consent of Surety to Final Payment.

A9. AIA G707A: Consent of Surety to Reduction in or Partial Release of Retainage.

A10. AIA G714 - Construction Change Directive.

Middle School Asbestos Abatement 00 5200

Mapleton School District AGREEMENT

12/4/2024 PAGE 1 of 3

SECTION 00 5200

AGREEMENT

Owner: Mapleton School District

Name of Project: Middle School Asbestos Abatement Project

THIS AGREEMENT is made this ________ day of ____________________, 201_ , by and between the

Mapleton School District, hereinafter called Owner, and

__________________________________hereinafter called Contractor, in consideration of mutual covenants hereinafter set forth, agree as follows:

1. Work. Contractor shall complete all work as specified in the contract documents and in accordance with the documents and drawings provided for the Project known as the Middle School Asbestos

Abatement Project.

2. Materials. Contractor will furnish all materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein.

3. Contract Time. The Work will commence within ten (10) calendar days after the date of the Notice to Proceed and will achieve substantial completion no later than the date stipulated in Specification

Section 01 1000 - Summary, unless the period for completion is extended otherwise by the contract documents or by written agreement of the parties. Other critical milestone dates are listed 01 1000

- Summary.

4. Contract Price. Owner shall pay Contractor for performance of the Work in accordance with the documents the sum of $__________________as shown in Contractor’s bid.

5. Progress Payments. Owner shall make progress payments on the basis of the Contractor's application for payment as approved by the Owner’s representative as provided herein. All progress payments shall be on the basis of progress of the Work measured by the schedule of values provided for in the General Conditions. Prior to substantial completion, progress payments will be an amount equal to not more than 95% of the Work completed and 95% of the materials and equipment not incorporated in the Work, but delivered and suitably stored, less in each case the aggregate of payments previously made. Upon substantial completion, the Owner shall pay an amount sufficient to increase total payments to Contractor to 95% of the contract price, less such amounts as the Owner shall determine in accordance with the General Conditions. Final payment shall be upon final completion and acceptance of the Work. Partial payment estimates shall be review and approved by Architect and forwarded to Owner for payment.

6. Insurance. Insurance coverage shall be provided in accordance with the General Conditions.

Contractor shall maintain commercial general liability insurance, including personal injury liability, blanket contractual liability and broad form property damage liability with a minimum combined single limit for bodily injury and property damage of not be less than $2,000,000. Contractor shall maintain statutory workers’ compensation and employer’s liability insurance as required by Oregon law.

7. Contract Documents. The term “contract documents” means and includes the following:

• Invitation to Bid;

• Instructions to Bidders;

• Bid;

12/4/2024 PAGE 2 of 3

• Bid Bond;

• Construction Agreement;

• First-Tier Subcontractor Disclosure Form;

• Oregon Prevailing Wage Rates;

• General Conditions - AIA A201-2017 as modified

• Notice of Intent to Award;

• Notice to Proceed;

• Drawings and Specifications attached;

• Change Orders;

• Addenda; Number: Dated: __________

• Addenda; Number: Dated: __________

• Addenda; Number: Dated: __________

• Addenda; Number: Dated: __________

• Proof of Insurance

8. Contractor’s Representations. In order to induce Owner to enter into this agreement, Contractor makes the following representations:

a. Contractor has familiarized itself with the nature and extent of the contract documents, work, locality, and with all local conditions and any federal, state, and local laws, ordinances, rules, and regulations which, in any manner, may affect cost, progress, or performance of the Work;

b. Contractor has studied carefully all reports, investigations, and tests of subsurface and latent physical conditions at the site which may affect cost, progress, or performance of work and which were relied upon in the preparation of the drawings and specifications;

c. Contractor has made or has caused to be made examinations, investigations, tests and studies of reports and related data, in addition to those referred to in paragraph (b), which Contractor deems necessary for the performance of the Work, determination of the contract price, and completion of the Project within the contract time in accordance with the other terms and conditions of the contract documents. No additional examinations, investigations, tests, reports, or similar data are or will be required by Contractor for such purposes;

d. Contractor has reconciled the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the contract documents;

e. Contractor has given the Owner's representative written notice of all conflicts, errors or discrepancies which he has discovered in the contract documents and the written resolution thereof by the Owner’s representative is acceptable to the Contractor.

9. Oregon Public Contracting Required Terms. Section 00 5201 of the Contract Documents contains terms that are required for public improvement contracts in the State of Oregon. As applicable to the Project, Section 00 5201 of the Contract Documents is incorporated herein and made applicable to the Project.

10. Miscellaneous.

The Owner’s representative is:

Jeron Ricks

12/4/2024 PAGE 3 of 3

Business Manager

10868 East Mapleton Road, Mapleton, OR 97453

The Contractor’s representative is:

No assignment by a party hereto of any rights under or interests in the contract documents will be binding on another party to this contract without the written consent of the parties sought to be bound; and specifically but without limitation, monies which may become due and monies which are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the contract documents.

This Agreement shall be binding upon all parties to the contract and their respective partners, successor, heirs, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

THIS AGREEMENT is effective on the __________ day of ____________________________2021

OWNER: CONTRACTOR:

By: ________________________________ By: ______________________________

Address for giving notices: Address for giving notices:

ATTEST: ATTEST:

Agent for Service of Process

License #

Middle School Asbestos Abatement 00 5201

Mapleton School District Public Contracting Code

SECTION 00 5201

PUBLIC CONTRACTING CODE

Owner: Mapleton School District

Name of Project: Middle School Asbestos Abatement Project

Note: The document required for Public Improvement Contractor Over $50,000

2. Contractor shall pay promptly, as due, all persons supplying labor or materials for the prosecution of the work provided for in the contract, and shall be responsible for such payment of all persons supplying such labor or material to any Subcontractor.

a. ORS 279C.580(3)(a) requires the prime contractor to include a clause in each subcontract requiring contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the prime contractor by the public contracting agency; and

b. ORS 279C.580(3)(b) requires the prime contractor to include a clause in each subcontract requiring contractor to pay an interest penalty to the first-tier subcontractor if payment is not made within 30 days after receipt of payment from the public contracting agency.

c. ORS 279C.580(4) requires the prime contractor to include in every subcontract a requirement that the payment and interest penalty clauses required by ORS 279C.580(3)(a) and (b) be included in every contract between a subcontractor and a lower-tier subcontractor or supplier.

3. Contractor shall promptly pay all contributions or amounts due the Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the contract, and shall be responsible that all sums due the State Unemployment Compensation Fund from Contractor or any

Subcontractor in connection with the performance of the contract shall promptly be paid.

4. Contractor shall not permit any lien or claim to be filed or prosecuted against the Mapleton School

District (identified as the Contracting Agency throughout this document) on account of any labor or material furnished and agrees to assume responsibility for satisfaction of any such lien so filed or prosecuted.

5. A notice of claim on contractor’s payment bond shall be submitted only in accordance with ORS

279C.600 and 279C.605.

6. Contractor and any Subcontractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.

7. Contractor shall demonstrate to the Contracting Agency that an employee drug-testing program is in place within 10 days of receiving a Notice of Award.

8. Pursuant to ORS 279C.515, if Contractor fails, neglects or refuses to make prompt payment of any claim for labor or materials furnished to the Contractor or a Subcontractor by any person in connection with the contract as such claim becomes due, the Contracting Agency may pay such claim to the persons furnishing the labor or material and charge the amount of payment against funds due or to become due Contractor by reason of the contract. The payment of a claim in the manner authorized hereby shall not relieve the Contractor or his surety from his or its obligation with respect to any unpaid claim. If the Contracting Agency is unable to determine the validity of any claim for labor or material furnished, the Contracting Agency may withhold from any current payment due Contractor an amount equal to said claim until its validity is determined and the claim, if valid, is paid.

9. Pursuant to ORS 279C.515, if the Contractor or a first-tier Subcontractor fails, neglects, or refuses to make payment to a person furnishing labor or materials in connection with the public contract for a public improvement within 30 days after receipt of payment from the Contracting Agency or contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10 day period that payment is due under ORS

279C.580(4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to Contractor or first-tier

10. Subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve District that includes Oregon on the date that is 30 days after the date when payment was received from the public contracting agency or from the Contractor, but the rate of interest shall not exceed 30%. The amount of interest may not be waived.

11. As provided in ORS 279C.515, if the Contractor or a…