Division 00

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Division 00

  1. 1. SECTION 00 11 00 BID ADVERTISEMENTInvitation to Bid No. ITB # (i.e. 2011-ITB-C-1367 )Project NamePortland Public Schools, School District No.1J, Multnomah County, Oregon (“District”) seeks responsesfrom qualified bidders interested in submitting a bid as prime contractor for Project Summary. All workshall be performed on the Project Site located at Project Address. The construction budget for this workis estimated to be approximately Cost Estimate.SEALED BIDS, in an envelope clearly listing the vendor name and ITB title, will be received until the BIDCLOSING DATE AND TIME noted below at the Bid Desk of the Procurement Department atPortland Public SchoolsBid Desk - Procurement DepartmentAttn: Lynn Faulkenberry, Contract Analyst501 North Dixon Street, 2ndFloorPortland, Oregon 97227Experienced firms are invited to submit a bid for consideration by the District. The Invitation to Biddocuments may be obtained at the ORPIN website, www.orpin.oregon.gov. Firms must be registeredwith ORPIN to obtain and download documents. Drawings and specifications pertaining to this ITB areavailable electronically at the Ford Graphics Public Project web page found at http://fordgraphics.com.Bidders should consult the ORPIN System regularly until Bid Closing to avoid missing any Addenda.BID CLOSING: Up until Time on Day and DateBID OPENING: Time on Day and Date in the Location Name, Location AddressA Mandatory Pre-Bid meeting will be held on Day and Date, commencing at Time. Bidders shallmeet at the Location Name project site located at Project Address. Bids shall only be acceptedfrom those Bidders who attend and sign the pre-bid attendance roster(s).This Contract is a Public Work subject to ORS 279C.800 to 279C.870.Direct all questions regarding this ITB to: Lynn FaulkenberryLFAULKEN@PPS.K12.OR.US
  2. 2. SECTION 00 11 16 INVITATION TO BIDPortland Public Schools (“District”) seeks to contract for the construction services specified in thisInvitation to Bid (ITB).1.01. SUMMARY OF WORKUpon execution of a contract to be awarded pursuant to this ITB, the successful biddershall furnish labor, materials and services necessary to . The anticipatedconstruction start period shall occur between and .Please see drawings and specifications for the all work described in this ITB, which areavailable electronically at the Ford Graphics Public Project web page found athttp://fordgraphics.com.1.02 CRITICAL ITB DATES AND TIMES:A. RECEIPT OF BIDSSEALED BIDS will be received at the Bid Desk - Procurement Services, Attn: LynnFaulkenberry, Portland Public Schools, 501 North Dixon Street, 2nd Floor, Portland,Oregon 97227. All accepted Bids shall be time stamped up until Time. on Day andDate (“Bid Closing Date”). Late Bids shall be rejected.B. MANDATORY PRE-BID MEETING AND SITE VISIT.The mandatory pre-bid meeting will be held at the time, place and date shown on thecover of this document. Questions asked during the pre-bid meeting may not berecorded by District staff and addressed in addenda to the ITB unless submitted inwriting to the ITB Contact. Statements or remarks made by District staff during thepre-bid meeting shall not be binding on the District. An official response will be madeonly to questions which are submitted by potential bidders in writing to the ITBContact. Any Bidder requiring clarification of terms or conditions of the ITB, drawings,specifications, or Contract Documents shall make a request for clarification in writing,to the ITB Contact listed on the cover page of this document.C. BID FORMBid Form shall be due up until 2:00:00 p.m. on the Bid Closing Date. Failure to submitcomplete Bid by this due date and time may result in Bid rejection.D. FIRST-TIER SUBCONTRACTOR DISCLOSURE FORMThe first-tier subcontractor disclosure form is due up until 4:00:00 p.m. on the BidClosing Date. Failure to submit first-tier subcontractor disclosure form by this duedate and time may result in Bid rejection.E. PUBLIC OPENING OF BIDSThe Public Bid Opening will be held at 2:15 p.m. on Bid Closing Date in the WindowsCafeteria at Portland Public Schools, 501 North Dixon Street, 2nd Floor, Portland,Oregon 97227.1.03 BID REQUIREMENTS:
  3. 3. A. FIRST-TIER SUBCONTRACTOR DISCLOSUREAs per the form of first-tier subcontractor disclosure set forth in ORS 279C.370,Bidder shall submit to the District a disclosure of the first-tier subcontractors that:1. Will be furnishing labor or will be furnishing labor and materials in connection withthe public improvement contract; and2. Will have a contract value that is equal to or greater than five percent of the totalproject bid or $15,000, whichever is greater, or $350,000 regardless of thepercentage of the total project base bid. Bidder must submit this documentation inaccordance with Section 00 21 13, 1.02, I.B. BID SECURITYBid security in the form of either:(1) a bid bond in the form set forth in Section 00 43 13,(2) an irrevocable letter of credit issued by an insured institution as defined in ORS706.008, or(3) a certified check or cashier’s check,in an amount equal to ten percent (10%) of the total amount of the submitted Bid,which has been executed in favor of Portland Public Schools, School District No. 1J,Multnomah County, Oregon, 501 North Dixon Street, Portland, Oregon 97227, shallaccompany each Bid exceeding $100,000, as per Section 00 21 13, 1.02, C.C. OREGON CONSTRUCTION CONTRACTORS BOARDBidders shall be licensed with the Oregon Construction Contractors Board prior tobidding in order to bid on this project.D. FINGERPRINTING AND CRIMINAL BACKGROUND CHECK REQUIREMENTSAn Oregon Department of Education criminal background check and fingerprinting,administered by the District, is required for each of the selected contractor’semployees and subcontractors who will be working on any property of the District inperformance of services pursuant to the Contract Documents, as per the contractterms and conditions. The current cost of such a check is $82 but is subject tochange. The selected contractor shall be responsible for costs associated with suchsecurity clearance, if necessary.E BIDDER’S QUALIFICATIONBidder shall submit to the District a Bidder’s Responsibility Information Form inaccordance with Section 00 45 13 Bidder’s Qualifications. District reserves the rightto verify information provided on this form in determining the Bidder’s qualifications toperform the Work.F. REFERENCESIn accordance with District Contracting and Purchasing Rules and ORS 279C.375,District reserves the right to investigate references other than those listed in Bidder’ssubmission. Investigation may include, without limitation, past performance of anyBidder with respect to its successful performance of similar projects, compliance with
  4. 4. specifications and contractual obligations, its completion or delivery of a project onschedule, and its lawful payment of employees and workersG. UTILIZATION OF MINORITY-OWNED, WOMEN-OWNED AND EMERGING SMALLBUSINESS ENTERPRISESPresently, the District has not yet officially adopted a policy regarding utilization ofminority-owned, women-owned and emerging small business (“M/W/ESB”)enterprises. The District does strongly encourage utilization of M/W/ESB enterpriseson its projects.1.04 CONTRACT REQUIREMENTSA. PREVAILING WAGESThe contract is for a public work and shall be subject to the prevailing wagerequirements of ORS 279C.800 to ORS 279C.870. The selected contractor and itssubcontractors shall pay the applicable prevailing wages to their workers as requiredby ORS 279C.840, and as listed in the most current Bureau of Labor and Industries(“BOLI”) prevailing wage rate publication (i.e. Prevailing Wage Rates for PublicWorks Contracts in Oregon) as of the issue date of this ITB. This ITB and theresulting Contract are subject to the following BOLI wage rate requirements and theprevailing wage rates set forth in the following booklets:The “Prevailing Wage Rates for Public Works Contracts in Oregon” datedJanuary 1, 2011, as amended by the April 1, 2011 Amendment, and anyamendments issued by BOLI prior to the issue date of this ITB.The “PWR Apprenticeship Rates” dated January 1, 2011, as amended by theApril 1, 2011 Amendment to PWR Apprenticeship Rates, and any otheramendments issued by BOLI prior to the issue date of this ITB.The complete publications may be found online at the BOLI website(http://egov.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml) and is herebyincorporated by reference.The fee required by ORS 279C.825(1) will be paid by the District to theCommissioner of the Bureau of Labor and Industries under the administrative rules ofthe Commissioner.B. PUBLIC WORKS BONDBefore starting Work the successful Bidder shall file with the Oregon ConstructionContractors Board, and maintain in full force and effect, the separate public worksbond required by ORS 279C.836, unless otherwise exempt under those provisions.The successful Bidder shall also include in every subcontract a provision requiringeach subcontractor to have a public works bond filed with the Oregon ConstructionContractors Board before starting Work, unless otherwise exempt, and shall verifythat the subcontractor has filed a public works bond before permitting thesubcontractor to start Work.A disadvantaged, minority, women or emerging small business enterprise certifiedunder ORS 200.055 may, for up to four years after certification, elect not to file apublic works bond as required under section 279C.836 (1).
  5. 5. C. CONTRACT, BONDS AND INSURANCEThe successful Bidder will be required to enter into a Contract with District as perSection 00 52 13 Agreement Form and obtain and maintain insurance and bondingas per Section 00 61 13 Performance Bond, Section 00 61 14 Labor and MaterialsPayment Bond, and Section 00 52 13 Agreement Form. The successful Bidder shallobtain a Payment Bond and a Performance Bond issued by a surety which isauthorized to transact surety business in the State of Oregon and which has an A.M.Best “A VII” or better rating.1.05 AVAILABILITY OF ITB DOCUMENTSThis ITB, including all Addenda to the ITB, are posted on the Oregon ProcurementInformation Network (ORPIN) at http://orpin.oregon.gov and will not be mailed toprospective bidders. Bidders should consult the ORPIN System regularly until BidClosing to avoid missing any Addenda.Drawings and specifications pertaining to this ITB are available electronically at the FordGraphics Public Project Website at http://fordgraphics.com.To access the documents, complete the following:1) Go to http://fordgraphics.com .2) Click on “Oregon / SW Washington”.3) Click on “Enter Planroom”.4) Locate the “Public Planroom” and click “Go.”5) Scroll down the list of projects to locate the drawings and specifications for this ITB.Drawings and specifications may be printed from the Ford Graphics Public ProjectWebsite or ordered from Ford Graphics at bidder’s cost.1.06 ITB/PROJECT CONTACTAll questions, requests for clarification and specification protests must be addressed tothe ITB contact shown on the cover page of this document.
  6. 6. INVITATION TO BID NO. ITB # (i.e. 2011-ITB-C-1367 )Project NamePROJECT MANUALDirect all questions regarding this ITB to: Lynn Faulkenberrylfaulken@pps.k12.or.us(503) 916 - 3696BID CLOSING: Not Later than Time on Day and DateBID OPENING: Time on Day and Date in the Location and AddressLATE BIDS SHALL BE REJECTEDA Mandatory Pre-Bid meeting will be held on Day and Date, commencing at Time. Bidders shall meet atthe Location Name project site located at Project Address. Bids shall only be accepted from thoseBidders who attend and sign the pre-bid attendance roster(s).All questions and contacts with Portland Public Schools (hereinafter referred to as “District”) regarding this ITBmust be addressed in writing to the ITB Contact listed above. Any questions or issues that may ariseregarding the Specifications, the bidding process, and/or the award process shall be directed to the ITBContact. The District’s official response to any questions or requests will be through the addendum process.Contact with other District staff without prior clearance from the ITB Contact listed above may result in bidderdisqualification.This ITB, including all Addenda to the ITB, are posted on the Oregon Procurement Information Network(ORPIN) at http://orpin.oregon.gov and will not be mailed to prospective bidders. Drawings and specificationspertaining to this ITB are available electronically at the Ford Graphics Public Project Website athttp://fordgraphics.com.Bidders should consult the ORPIN System regularly until Bid Closing to avoid missing any Addenda.ISSUE DATE: Date
  7. 7. INVITATION TO BID NO. ITB # (i.e. 2011-ITB-C-1367 )Project NameINVITATION TO BID (ITB) TIMELINEITB ISSUED Day and DateMANDATORY PRE-BID MEETING Day and Date, TimeDEADLINE FOR QUESTIONS Day and DateFINAL ADDENDA ISSUED Day and DateBIDS DUE Day and Date, Time
  8. 8. SECTION 00 21 13 INSTRUCTIONS TO BIDDERS1.01 SOLICITATION PROTEST; REQUEST FOR CHANGE; REQUEST FORCLARIFICATIONA. PROCEDURE: The appropriate means of seeking clarifications or modifications toprovisions of an ITB are through (a) requests for clarification; (b) requests forchanges to contractual terms, Specifications, or Plans; and (c) protests of contractualterms, Specifications, or Plans. Any Bid that includes non-approved alternateproduct brands or that takes exception to the Specifications or Plans or contractualterms of the ITB may be deemed non-responsive and may be rejected.B. METHOD OF SUBMITTING REQUESTS FOR MODIFICATION OF ITBPROVISIONS: Envelopes containing requests for clarification, requests for change,and protests must be marked as follows:Request for Clarification/Request Change /ProtestITB NumberClosing DateClosing Timeand must be received by the Single Point of Contact listed on Page 1 of the ITB nolater than seven calendar days prior to the Bid Closing Date. Unless this specificdeadline is extended by subsequent Addenda, no requests for substitution, requestsfor clarification, requests for change, or protests pertaining to provisions contained inthe originally-issued ITB will be considered after the date specified herein.C. REQUEST FOR CLARIFICATION: Any Bidder who finds discrepancies in, oromissions from, any provision of the ITB, Plans, Specifications, or ContractDocuments, or has doubt as to the meaning, shall make a request for clarification inwriting, to the Single Point of Contact listed on Page 1 of the ITB. To be considered,the request for clarification must be received by the Bid Desk - Procurement Office bythe deadline specified in Paragraph B above.D. REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONSOR PLANS: Any Bidder may submit a request for changes to contractual terms,Plans, or Specifications, in writing, to the Single Point of Contact listed on Page 1 ofthe ITB. To be considered, the request for changes must be received by the Bid Desk- Procurement Office by the deadline specified in Paragraph B above. The requestmust include the specific changes requested, and the reason for requested changessupported by factual documentation.E. PROTEST OF SOLICITATION OR CONTRACT TERMS AND CONDITIONS ORSPECIFICATIONS: Any Bidder may submit a protest of solicitation terms andconditions, Contract terms and conditions or Specifications, in writing, to the SinglePoint of Contact listed on Page 1 of the ITB. To be considered, the protest must bereceived by the Bid Desk - Procurement Office by the deadline specified inParagraph B above. The protest shall include the legal and factual grounds for theprotest, a description of the resulting prejudice to the Bidder if the protest is notgranted, and a statement of the relief or changes proposed.F. RESPONSE TO REQUESTS FOR CLARIFICATION: Clarifications, whether verbal,in writing, do not change Plans, Specifications, contractual terms, or procurementrequirements of an ITB. If a request for clarification raises an issue that the District
  9. 9. determines should be handled by formally amending the ITB, the District will do soonly by announcing such a change in an Addendum, not through informationidentified as a "clarification."G. RESPONSE TO REQUESTS FOR CHANGE, AND PROTESTS: The District shallpromptly respond to each properly-submitted written request for change, and protest.If District determines that any additions, deletions, clarification or interpretation isnecessary, such information or interpretation will be supplied in Addenda posted tothe ORPIN website at http://orpin.oregon.gov and thereby made available to allinterested parties.All such Addenda shall have the same binding effect as though contained in the ITBDocument. Such addenda shall be issued not less than three (3) calendar days priorto the Bid Closing Date. Statements made by the District’s representatives are notbinding on the District unless confirmed by written Addendum.Failure to protest solicitation terms and conditions, Contract terms and conditions orSpecifications as provided in Section 00 21 13, 1.01 precludes appeal or protest of adecision to award based upon such solicitation terms and conditions, Contract termsand conditions or Specifications.1.02 BID SUBMITTALA. BID FORMS:Bids shall be submitted on unaltered Bid Forms furnished by the District, or on exactduplicates thereof. Bids shall be made in accordance with all instruction requirementsand specification to be considered. All blanks on Bid Forms shall be either typewrittenor printed in ink. Alterations and erasures shall be initialed by the signatory of the Bid.B. STATE OCCB REGISTRATION REQUIREMENTS:Bidders shall be licensed with the Oregon Construction Contractors Board prior tobidding on this project. Failure to comply with this requirement shall result in Bidrejection. Bidders shall insert Bidders current, valid registration number andexpiration date thereof in the spaces provided on the Bid Form. Landscapingcontractors and all subcontractors participating in this project shall be licensedrespectively, by the State Landscape Contractors Board, as required byORS 671.530 and the Oregon Construction Contractors Board, as required by ORS701.026, at the time they propose to engage in subcontract work. Any bid receivedfrom a Bidder identified by the Oregon Construction Contractors Board as ineligible tohold public contracts in accordance with ORS 701.227 shall be disqualified fromconsideration.C. BID SECURITY: BIDS SHALL BE ACCOMPANIED BY BID SECURITYBid security in the form of either:(1) a bid bond in the form set forth in Section 00 43 13,(2) an irrevocable letter of credit issued by an insured institution as defined in ORS706.008, or(3) a certified check or cashier’s check,in an amount equal to ten percent (10%) of the total amount of the submitted Bid,which has been executed in favor of Portland Public Schools, School District No. 1J,
  10. 10. Multnomah County, Oregon, 501 North Dixon Street, Portland, Oregon 97227, shallaccompany each Bid exceeding $100,000.Bid security of the successful Bidder will be returned or released after the Bidderswritten Contract, Performance Bond, Payment Bond, and required certificates ofinsurance have been promptly and properly executed and delivered to and acceptedby the District. If the successful Bidder fails to (1) promptly and properly execute theContract, (2) furnish a good and sufficient Performance Bond and a good andsufficient Payment Bond, and/or (3) furnish required certificates of insurance withinseven (7) calendar days of the written notification of intent to award a Contract, thenthe District may cash the check, draw under the letter of credit or otherwise collectunder the bid security.The District reserves the right to retain the bid security of the next two (2) lowestBidders until the successful Bidder has been awarded a Contract or until no morethan 60 days after Bid opening, whichever is shorter. Bid security of all other Bidderswill be returned as soon as practicable after Bid opening.D. SEALED BIDS:Sealed Bids will be received at the Bid Desk, Procurement Services, Attn: LynnFaulkenberry, Portland Public Schools, School District No. 1J, Multnomah County,Oregon, 501 North Dixon Street, 2ndFloor, Portland Public Schools, Portland,Oregon, 97227. All Bids shall be time stamped no later than the Bid Closing Dateand time indicated in Section 00 11 16.Bids must be submitted in a sealed envelope appropriately marked with the Bid Title,Bid Number, and the name and address of the Bidder.It is the sole responsibility of the Bidder to assure that the Bid is delivered and timestamped at the Bid Desk by the deadline specified. All late Bids shall be rejected.E. MODIFICATION OR WITHDRAWAL OF BIDAfter submittal, Bids may be modified or withdrawn on written request received fromBidders prior to the Bid Closing Date and Time. Modifications shall be sealed andsubmitted in same manner as the bid.Bids may not be modified or withdrawn after closing except as provided in DistrictContracting and Procurement Rules.F. DURATION OF BIDSEach Bid shall be irrevocable for a period of ninety (90) days from the date of Bid.Award of a Contract to any Bidder shall not constitute rejection of any other Bid.G. REQUIRED SIGNATURESBids shall be signed with ink or indelible pencil, with name typed or printed in thespace provided. Where Bidder is a corporation, Bids shall be signed with the legalname of the corporation and the legal signature of an officer authorized to bind thecorporation to a contract. Electronic signatures not accepted.H. RESIDENT BIDDERBidder shall indicate on the Bid Form whether Bidder is a "resident bidder" as definedin ORS 279A.120. A “non-resident bidder” means a bidder who has neither paid
  11. 11. unemployment taxes nor income taxes in the State of Oregon during the 12 calendarmonths immediately preceding submission of its Bid, nor has a business address inthe State of Oregon.In determining the lowest responsive Bidder for this Work, a percentage may beadded to the Bid of a non-resident Bidder equal to the percentage, if any, of thepreference given to that Bidder in the state in which the Bidder resides. Thispercentage, if utilized, shall not be added to the dollar value of Contract to beawarded as a result of this ITB.I. LIST OF FIRST-TIER SUBCONTRACTORSIn accordance with ORS 279C.370, Bidders are required to complete and submit thefirst-tier subcontractor disclosure form, provided in Section 00 43 36, within two (2)hours of the Bid Closing Date and time.J. ACCEPTANCE OF CONDITIONS/SITE VISITATIONThe Bidder, by making a Bid, represents that:1. The Bidder has read and understands the bid documents and the Bid is made inaccordance therewith.2. The Bidder has visited each project site, become familiar with the local conditionsunder which the Work is to be performed, and has correlated the Bidderspersonal observations with the requirements of the proposed ContractDocuments.3. The Bid is based upon the materials, equipment, systems, required by the biddocuments without exceptions.K. RESERVATIONS1. The District reserves the following rights: To reject all bids. To reject any bid not in compliance with all prescribed public biddingprocedures and requirements and to reject for good cause any or all bidsupon a finding that it is in the public interest to do so. To reject bids which it determines to be non-responsive. To reject bids upon the District’s finding that the Bidder:o Has been declared ineligible under ORS 279C.860 by theCommissioner of Bureau of Labor and Industries;o Has been identified by the Oregon Construction ContractorsBoard as ineligible to hold public contracts in accordance withORS 701.227; oro Is not responsible. To waive any informalities in bids submitted. In the event two or more Bidders quote identical amounts for the sameWork, to award the contract by drawing lots between such Bidders or by
  12. 12. such other means as it deems appropriate. To return the bid unopened, in the event only one Bid is received.L. ASBESTOS ABATEMENTWork to be performed under the contract shall require the bidder or anysubcontractors to be licensed for asbestos abatement work under ORS 468A.720.1.03 APPEALS & PROTEST OF AWARDAdversely affected or aggrieved Bidders shall have seven (7) calendar days from thedate of the Intent-to-Award Announcement within which to file a written protest. Allappeals must be in writing and physically received by the Director of ProcurementServices no later than 10:00 AM on the seventh (7th) calendar day after the date of theIntent-to-Award Announcement.Address appeal to:APPEAL OF AWARD TO ITB NO. 2011-ITB-C-1367Attn: Director of ProcurementSchool District No.1J, Multnomah County, OregonPortland Public SchoolsProcurement Services Department501 North Dixon Street, 2ndfloorPortland, Oregon 97227Protests submitted after that date will not be considered. Protests must specify thegrounds upon which the protest is based.In order to be an adversely affected or aggrieved Bidder, the Bidder must claim to beeligible for award of the Contract as the lowest responsible and responsive Bidder andthat any and all lower Bidders are ineligible to receive Contract award.An actual Bidder who is adversely affected or aggrieved by the award of the Contract toanother Bidder may protest award, in writing, within the timeline established. The writtenprotest shall state the grounds upon which the protest is based. No protest of awardshall be considered after the deadline.No protest against award shall be considered because of the content of solicitation termsand conditions, contract terms and conditions or Specifications after the deadlineestablished for submitting protests of solicitation terms and conditions, contract terms andconditions or Specifications.1.04 CONTRACT, BONDS AND INSURANCEA. CONTRACTOR CONTRACT EXECUTIONWithin seven (7) calendar days after receipt of Notice of Intent to Award, thesuccessful Bidder shall be prepared to execute the Contract provided by the District,a sample of which is included in Section 00 52 13 of this ITB. At the same time, thesuccessful Bidder shall furnish a Performance Bond, a Payment Bond, and requiredCertificates of Insurance. Prior to starting work under the Contract, the selectedcontractor shall provide a performance bond and a payment bond each issued by a
  13. 13. surety satisfactory to the District, in an amount equal to the full dollar value of theContract for the faithful performance of the Contract and all provisions thereof.B. DISTRICT CONTRACT EXECUTIONAfter receipt and acceptance of the properly executed Contract, Performance Bond,Payment Bond, and Certificates of Insurance, the District will execute the Contractand issue a Notice to Proceed. No work shall be performed until the Contract is fullyexecuted and a written Notice to Proceed is issued.C. FAILURE TO EXECUTE CONTRACT, PROVIDE CERTIFICATES OF INSURANCEAND/OR FURNISH PERFORMANCE AND PAYMENT BONDSA successful Bidder who fails to execute the Contract or furnish the PerformanceBond, Payment Bond and Certificates of Insurance in the time and manner indicatedherein shall forfeit its Bid security.D. PUBLIC WORKS BOND:Before starting Work the successful bidder shall file with the Oregon ConstructionContractors Board, and maintain in full force and effect, the separate public worksbond required by ORS 279C.836, unless otherwise exempt under those provisions.The successful bidder shall also include in every subcontract a provision requiring thesubcontractor to have a public works bond filed with the Oregon ConstructionContractors Board before starting Work, unless otherwise exempt, and shall verifythat the subcontractor has filed a public works bond before permitting thesubcontractor to start Work.A disadvantaged, minority, women or emerging small business enterprise certifiedunder ORS 200.055 may, for up to four years after certification, elect not to file apublic works bond as required under section 279C.836 (1). If a business enterpriseelects not to file a public works bond, the business enterprise shall give the OregonConstruction Contractors Board written verification of the certification and writtennotice that the business enterprise elects not to file the bond.Questions regarding payment of prevailing wages may be directed to BOLI at theBOLI website (www.oregon.gov/BOLI) or at the following address:Bureau of Labor and IndustriesWage and Hour DivisionPrevailing Wage Unit800 N.E. Oregon Street, #32Portland, Oregon 972321.05 COMPLIANCE WITH LAWThe selected contractor shall be required to comply with the District’s standardconstruction contract provisions as provided in Section 00 52 13. In addition, theselected contractor shall comply with and require its subcontractors to comply with allapplicable provisions of federal, state and local laws, statutes, ordinances, codes, orders,rules and regulations which pertain to the work specified in this ITB.
  14. 14. SECTION 00 31 43 PERMIT INFORMATION1.01 LAND USE APPROVALThe District is in the process of obtaining any required land use approvals from the City of Portlandfor all school sites affected by the Work.1.02 BUILDING PERMITSExcept for the permits and fees that are the responsibility of the selected contractor under theContract Documents, the District will secure site specific approvals and permits necessary for theWork.
  15. 15. SECTION 00 41 13 BID FORMBID FORM (PAGE 1 OF 3)INVITATION TO BID NO. ITB # (i.e. 2011-ITB-C-1367 )Project NameThe undersigned hereby certifies that Bidder:1. Has the authority and/or responsibility to submit a Bid and to represent the organization in all phases of thisBid process.2. The information is true and accurate to the best of their knowledge.3. Shall furnish, in strict compliance with the Bid and Contract Documents for the above-referenced Project, alllabor, materials, equipment, apparatus, appliances, tools, transportation, and other facilities and servicesnecessary to perform the Work described therein, and to perform said Work in strict compliance therewith, forthe amounts set forth in this Bid.4. Is a Resident Bidder, Non-Resident Bidder, as defined in ORS 279A.120A “non-resident bidder” is a bidder who has neither paid unemployment taxes nor income taxes in the State ofOregon during the 12 calendar months immediately preceding submission of this Bid, nor has a businessaddress in the State of Oregon.In determining the lowest responsive Bidder for this Work, a percentage may be added to the Bid of a non-resident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which theBidder resides. This percentage, if utilized, will not be added to the dollar value of the contract to be awardedas a result of this ITB.5. Understands any false statement may disqualify this Bid from further consideration or be cause for contracttermination.6. Has read, understands and agrees to be bound by all terms and conditions herein.7. Understands by submitting this Bid, the undersigned certifies conformance to the applicable Federal Acts,Executive Orders and Oregon Statutes and Regulations concerning Affirmative Action toward equalemployment opportunities. All information and reports required by the Federal or Oregon State Governments,having responsibility for the enforcement of such laws, shall be supplied to the District upon request forpurposes of investigation to ascertain compliance with such acts, regulations, and orders.8. Acknowledges Receipt of Addenda Nos. _____________ Through __________________ inclusive.Please check the applicable box regarding bid security:Bid security in form of cashiers check , certified check , bid bond in the form set forth in Section00 43 13 , irrevocable letter of credit issued by an insured institution as defined in ORS 706.008(check applicable clause) in the amount of ten percent (10%) of the total amount of the submitted Bid,which has been executed in favor of Portland Public Schools, School District No. 1J, MultnomahCounty, Oregon, 501 North Dixon Street, Portland, Oregon 97227, is enclosed.Bid Price is for $100,000 or less; therefore, bid security is not required.SCHOOL DISTRICT NO. 1J,MULTNOMAH COUNTY, OREGONPORTLAND PUBLIC SCHOOLS
  16. 16. BID FORM (PAGE 2 OF 3)The Base Bid will be the sum of the following items and represents all work set forth in this ITB, the ContractDocuments (including without limitation the Drawings and Specifications):BASE BID**ITEM DESCRIPTION AmountTOTAL BASE BID(Expressed both in written words and numbers)ALTERNATE BID ITEM**ITEM DESCRIPTION AmountBids will be evaluated to identify the lowest responsive Bid based on the Total Base Bid. Bid shall besubmitted by a responsible Bidder and not otherwise disqualified.
  17. 17. BID FORM (PAGE 3 OF 3)REPRESENTATIONS AND CERTIFICATIONSBidder shall submit Bidder’s Responsibility Information Form as per section 00 45 13 Bidder’s Qualifications alongwith the Bid Form and any other required bid submittals.BIDDER’S EMPLOYERS FEDERAL TAX IDENTIFICATION NUMBER (EIN) ____________________ORSOCIAL SECURITY IDENTIFICATION NUMBER________________________________________BIDDERS OREGON CONSTRUCTION CONTRACTORS BOARDLICENSE NUMBER _________________EXPIRATION DATE __________________The undersigned hereby certifies under penalty of perjury that to the best of my knowledge the Bidderdoes not discriminate in its employment practices with regard to race, creed, age, religious affiliation,sex, disability, sexual orientation, or national origin. Nor has Bidder or will Bidder discriminate against asubcontractor in the awarding of a subcontract because the subcontractor is:• A minority-owned, women-owned, or emerging small business enterprise certified under ORS200.055, or• A business enterprise that is owned or controlled by or that employs a disabled veteran, asdefined in ORS 408.225.The undersigned hereby certifies under penalty of perjury that to the best of my knowledge the Bid wasprepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.The Bid submitted is in response to the specific language contained in the ITB, and Bidder has made noassumptions based upon either (a) verbal or written statements not contained in the ITB, or (b) anypreviously-issued ITB, if any.The undersigned hereby certifies that Bidder has the authority and/or responsibility to submit a Bid andto represent the Bidder in all phases of this Bid process.Bidder’s (Company) Name: __________________________________ Date:Signature ___________________________________________Name _______________________________________(Please Print)Title _______________________________________________Street Address ________________________ City____________________ State___ Zip________Phone ____________________FAX__________________E-Mail __________________________________________FAILURE TO COMPLETE, SIGN AND SUBMIT THIS FORM MAY BE CAUSE FOR BID REJECTION.ELECTRONIC SIGNATURES NOT ACCEPTED.
  18. 18. SECTION 00 43 13 FORM OF BID BONDWe, as “Principal,” and(Name of Principal) (Name of Surety)an Corporation,authorized to transact Surety business in Oregon, as “Surety,” hereby jointly and severally bind ourselves, our respectiveheirs, executors, administrators, successors and assigns to pay unto Portland Public Schools, School District No. 1J,Multnomah County, Oregon, 501 North Dixon Street, Portland, Oregon 97227 (“Obligee”) the sum of($ ) dollars.WHEREAS, the condition of the obligation of this bond is that Principal has submitted its proposal or Bid to theObligee in response to Obligee’s procurement document ( Invitation to Bid No.ITB #) for the project identified as:Project Namewhich proposal or Bid is made a part ofthis bond by reference, and Principal is required to furnish bid security in an amount equal to ten (10%) percent of the totalamount of the Bid pursuant to ORS 279C.365(5) and the procurement document.NOW, THEREFORE, if the proposal or Bid submitted by Principal is accepted, and if a contract pursuant to the proposal or Bidis awarded to Principal, and if Principal enters into and executes such contract within the time specified in the procurementdocument and executes and delivers to Obligee its good and sufficient performance bond and payment bond required byObligee 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 legalrepresentatives this day of 20PRINCIPAL:BY ATTORNEY-IN-FACT:Power-of-Attorney must accompany each surety bond]BySignature NameOfficial Capacity SignatureAttest:Corporation Secretary AddressSURETY:City State ZipPhone Fax
  19. 19. SECTION 00 43 25 SUBSTITUTION REQUEST FORMTO:SOLICITATION NUMBER:PROJECT NAME:SPECIFIEDITEM/PRODUCT:Page No. Item/Product No. DescriptionPROPOSED SUBSTITUTION:Attached data includes manufacturer’s product description, specifications, drawings, photographs,performance and test data, and include one (1) sample adequate for evaluation of the request includingidentification of applicable data portions.Attached data also includes the description of changes to Contract Documents and the requirements ofthe proposed substitution for proper installation.The undersigned certifies the following items, unless modified by attachments, are correct:1. Proposed substitution does not affect dimensions shown (only if supplied with bid documents).2. Undersigned pays for changes to building/equipment design, including engineering design,detailing, and proposed substitution has no adverse effect on other trades, construction schedule,or specified warranty requirements.3. Maintenance and service parts are available locally or are readily obtainable for the proposedsubstitution.Undersigned further certifies function, appearance, and quality of proposed substitution areequivalent or superior to specified item.Undersigned agrees, if this page is reproduced, terms and conditions for substitutions found inBidding Documents apply to this proposed substitution.Request Submitted by:Name (Printed or typed) For use by Portland Public Schools Staff:Signature Approved Approved as notedVendor Name Not Approved Received too lateStreet AddressByCity, State, ZipDateDateRemarks:Telephone NumberEmailFax Number
  20. 20. SECTION 00 43 25 SUBSTITUTION REQUESTS (PRE-BID)1.01 SUBSTITUTION REQUESTSA. During Bidding, the District and its architect will consider written Substitution Requests receivedat least ten (10) days prior to bid date. Requests received after that time will not beconsidered.B. Submit requests in triplicate on a copy of the attached Substitution Request Form with a self-addressed and stamped envelope.C. Prepare separate requests for each product. Combined requests will be rejected.D. In making Substitution Request, Bidder represents:1. Bidder has personally investigated proposed product or method, and determined that it isequal or superior in all respects to that specified.2. Bidder will provide the same guarantee for substitution as for product or method specified.3. Bidder will coordinate installation of accepted substitution into Work, making such changesas may be required for Work to be completed in all respects.4. Bidder waives all claims for additional costs related to substitutions which consequentlybecome apparent.E. All accepted substitutions will be confirmed by inclusion in an addendum. Items not appearingin such addendum shall be deemed REJECTED.1.02 SUBSTITUTION REQUEST FORMA. The Substitution Request Form is attached.
  21. 21. SECTION 00 43 36 FIRST-TIER SUBCONTRACTOR DISCLOSURE FORMPROJECT NAME:BID #: BID CLOSING DATE: TIME:This form must be submitted at the location specified in the Invitation to Bid on theadvertised Bid Closing Date and within two hours after the advertised Bid Closing Time(“Disclosure Deadline”). List below the name of each subcontractor that will be furnishing laboror will be furnishing labor and materials and that is required to be disclosed, the category of workand the dollar value of the subcontract. Enter the word "NONE" if there are no first-tiersubcontractors subject to disclosure. ATTACH ADDITIONAL SHEETS IF NECESSARY.NAME CATEGORY OF WORK DOLLAR VALUE1. $2. $3. $The above listed first-tier subcontractor(s) are providing labor or labor and materials with a Dollar Valueequal to or greater than:a. 5% of the total project bid, or $15,000, whichever is greater. [If the Dollar Value is less than15,000.00, do not list the subcontractor above.]; orb. $350,000 regardless of the percentage of the total Contract Price.FAILURE TO SUBMIT THIS FORM BY THE DISCLOSURE DEADLINE WILL RESULT IN A NON-RESPONSIVE BID AND SUCH NON-RESPONSIVE BID WILL NOT BE CONSIDERED FOR AWARD.Bids which are submitted by Bid Closing, but for which the disclosure submittal has not been made by thespecified deadline, are NOT Responsive and shall NOT be considered for Contract award.Form submitted by (Bidder Name):Contact Name: Phone #: ______________________________Deliver Form to Agency: Bid Desk – Procurement Services, Portland Public Schools, 2nd FloorPerson Designated to Receive form: Lynn Faulkenberry, Phone #: (503) 916-3696Agencys Address: 501 North Dixon Street, Portland, Oregon 97227UNLESS OTHERWISE STATED IN THE ORIGINAL SOLICITATION, THIS DOCUMENT SHALL NOT BEFAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS DISCLOSURE FORM AND ANYADDITIONAL SHEETS, WITH THE BID NUMBER AND PROJECT NAME CLEARLY MARKED, AT THELOCATION INDICATED BY THE SPECIFIED DISCLOSURE DEADLINE. SEE INSTRUCTIONS TOBIDDERS.SCHOOL DISTRICT NO. 1JPORTLAND PUBLIC SCHOOLSMULTNOMAH COUNTY, OREGON
  22. 22. SECTION 00 45 13 BIDDER’S QUALIFICATIONS1.01 Each Bidder shall submit a completed Bidder’s Responsibility Information Form along with its Bid.The Bidder’s Responsibility Information Form will be used to evaluate the qualifications of anyBidder whose Bid is under consideration for award of Contract.Prior to award and execution of a Contract, the District will evaluate whether the apparentsuccessful Bidder meets the applicable standards of responsibility identified in ORS 279C.375 andPPS Rule 49-0390. See also PPS Rule 49-0440(1)(c)(H). In doing so, the District may investigateBidder and request information in addition to that already required in this document, when theDistrict, in its sole discretion, considers it necessary or advisable. Submission of a signed bid shallconstitute approval for the District to obtain any information that the District deems necessary toconduct the evaluation.Bids will be evaluated to identify the lowest responsive Bid submitted by a responsible Bidderwhich is not otherwise disqualified. (Refer to ORS 279C.375 and PPS Rules 49-0390 and 49-0440).The District may postpone the award of the Contract after announcement of the apparentsuccessful Bidder in order to complete its investigation and evaluation. Failure of the apparentsuccessful Bidder to demonstrate responsibility shall render the Bidder non-responsible and shallconstitute grounds for Bid rejection, as required under PPS Rule 49-0390.Any Bidder who fails to submit a completed form will be deemed to be unresponsive and will notbe considered for Award of Contract.If a bidder is found not to be responsible, documentation of the reasoning will be sent to theOregon Construction Contractor’s Board (OCCB). Such documentation will be based upon thecriteria set forth in ORS 279C.375(3).1.02 Bidder’s Responsibility Information Form is attached.
  23. 23. BIDDER’S RESPONSIBILITY INFORMATION FORMPAGE 1 OF 61. EXPERIENCE: List the number of years Bidder has been operating its business under its currentlicense. If Bidder’s business has been in continuous existence under a current active license and aprevious license number, then identify the previous license number. List and briefly describe aminimum of five (5) similar projects performed by Bidder in the past five (5) years that bestcharacterize Bidder’s capabilities. Include relevant data such as the type of work involved and projectdates. Describe how Bidder meets this experience requirement (use separate sheet if additionalspace is needed):_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________2. LAWSUITS/JUDGMENTS: Within the past 5 years, has Bidder had any lawsuits filed against itinvolving contract disputes? For the purposes of this request, "lawsuits" include requests forarbitration and "judgments" includes arbitration awards. YES / NO If “YES” indicate dates andultimate resolution of suit (with regard to judgments, include jurisdiction and date of final judgment ordismissal.)_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________3. BANKRUPTCY: Within the past 36 months, has Bidder filed a bankruptcy action, filed forreorganization, made a general assignment of assets for the benefit of creditors, or had an action forinsolvency instituted again it? YES / NO If “YES” supply filing dates, jurisdictions, type of action,ultimate resolution, and dates of judgment or dismissal, if applicable._____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________4. LAWSUITS BY CREDITORS: Within the past 24 months, has Bidder had any lawsuits filed against itby creditors? YES / NO If “YES” indicate dates and ultimate resolution of suit (with regard tojudgments include jurisdiction and date of final judgment or dismissal).____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
  24. 24. BIDDER’S RESPONSIBILITY INFORMATION FORMPAGE 2 OF 65. OREGON CONSTRUCTION CONTRACTORS BOARD LICENSING: Is Bidder licensed with theOregon Construction Contractors Board at the time Bidder submits a bid for the Work under this ITB?YES / NO If “YES” indicate Oregon Construction Contractors Board license number and expirationdate._____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________6. ABILITY TO PERFORM WITHIN TIME SPECIFIED: List the project titles, original contract time andchange order extensions for three specific projects in the past three (3) years. Bidder shall documentthat it achieved substantial completion of such three projects of similar size and scope within no morethan 105% of the final contracted time for completion (including change ordered adjustments). Ifthe bidder cannot document three such projects, the bidder may submit alternative documentation ofone or more similar projects where the bidder did not achieve substantial completion within 105% ofthe final contract time, a calculation of the total percentage of time over the final contract timenecessary to achieve substantial completion, and an explanation as to why the required additionaltime was beyond the bidders control._______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________7. DEBARMENT: Has Bidder been debarred by any public agency within the past two (2) years?YES / NO If “YES” identify the public agencies.____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________8. NON-COMPLETION: Has Bidder failed to complete a contract in the last five (5) years? YES / NOIf “YES” identify the project(s)._____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
  25. 25. BIDDER’S RESPONSIBILITY INFORMATION FORMPAGE 3 OF 69. COMPLETION BY SURETY: Has Bidder ever defaulted on a contract forcing a surety to suffer aloss? YES / NO If “YES” identify the project(s)._____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________10. SUSPENSION, DISMISSAL, DEFAULT: Has Bidder been suspended, dismissed or declared indefault from a project during the last five (5) years? YES / NO If “YES” identify the project(s) andthe type of action taken against Bidder.____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________11. BONDABILITY REQUIREMENT: For the project described under this ITB, Bidder shall obtainpayment bond and performance bond issued by a surety which is authorized to transact suretybusiness in the State of Oregon and which has an A.M. Best “A” or better rating. YES / NO If “YES”identify name of surety, contact name, address, phone number, & email address.____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________12. LIENS AND SURETY CLAIMS: Have there been any liens or surety claims against your company onany contracts which have been performed or are in the course of being performed by your company?YES / NO If “YES” identify the project and explain the nature of the claims._____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________13. REVOKED LICENSE: Has your company or any key person in your company, had a license revokedby the Oregon Construction Contractors Board? YES / NO If “YES” explain the underlying reason forthe revocation of the license.______________________________________________________________________________________________________________________________________________________________
  26. 26. BIDDER’S RESPONSIBILITY INFORMATION FORMPAGE 4 OF 614. CRIMINAL OFFENSE: Has your company or any key person in your company been convicted of acrime involving fraud, material misrepresentation or any crime involving the awarding of a contract fora government construction project or the bidding or performance of a government contract? YES /NO_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________15. DEMAND ON PERFORMANCE BOND: In the last five years, has an owner ever made a demand onyour performance bond? YES / NO_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________16. TERMINATION OF BONDING/INSURANCE COVERAGE: In the last five years, has a surety orinsurance company terminated existing bonding and/or insurance coverage due to excessive claimshistory and/or nonpayment of premiums? YES / NO___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________17. CITATIONS OR ENFORCEMENT ACTIONS. Within the last five years, has the Bidder been citedor subject to any enforcement action for violation of any applicable law or regulations related to itsperformance of a prior construction contract? For the purposes of this section, "applicable law orregulations" includes without imitation any building, zoning, environmental, site development,or Oregon Public Contracting Code regulations with which a prior project was required to comply,including non-discrimination regulations and prevailing wage requirements. YES / NO If so, pleasestate the date, nature, and final resolution of every such citation or enforcement action." YES / NO___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________18. BONDING. What is the largest contract you have had bonded through the surety company named inQuestion #11 above? Please identify the project name, the nature of the project, the date of the project and theoriginal contract price.___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
  27. 27. BIDDER’S RESPONSIBILITY INFORMATION FORMPAGE 5 OF 6BIDDER REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPEBidder shall provide a list of three different project references with their Bid that can be contactedregarding the quality of workmanship and service that the Bidder provided on projects of comparable sizeand scope within the past 5 years. Bidder must provide all information requested below and may useeither the form provided in this section or their own form. PLEASE NOTE: If a different form is used, itmust still include ALL information required below, including a project description.Project Reference #1Name and Dates of Project: ___________________________________________________Project Location: ______________________________________________________________Project Description:Contact Person #1 Name:Contact Person #1 Firm Name:Contact Person #1 Phone: ________ Fax:Contact Person #2 Name: ________________________________Contact Person #2 Firm Name:Contact Person #2 Phone: ________ Fax:Project Reference #2Name and Dates of Project: ___________________________________________________Project Location: ______________________________________________________________Project Description:Contact Person #1 Name:Contact Person #1 Firm Name:Contact Person #1 Phone: ________ Fax:Contact Person #2 Name: ________________________________Contact Person #2 Firm Name:Contact Person #2 Phone: ________ Fax:Project Reference #3Name and Dates of Project: ___________________________________________________Project Location: ______________________________________________________________Project Description:
  28. 28. BIDDER’S RESPONSIBILITY INFORMATION FORMPAGE 6 OF 6Contact Person #1 Name:Contact Person #1 Firm Name:Contact Person #1 Phone: ________ Fax:Contact Person #2 Name: ________________________________Contact Person #2 Firm Name:Contact Person #2 Phone: ________ Fax:Failure to submit the above-required information to the satisfaction of the District may render thebid non-responsive.
  29. 29. CONTRACT FOR CONSTRUCTIONPage 1 of 3SECTION 00 52 13 AGREEMENT FORM – STIPULATED SUM (SINGLE-PRIMECONTRACT)CONTRACT FOR CONSTRUCTIONbetweenSCHOOL DISTRICT NO. 1J, MULTNOMAH COUNTY, OREGON(PORTLAND PUBLIC SCHOOLS)and_____________________CONTRACT TRACKING No. _________THIS CONTRACT SHALL BE BINDING ON DISTRICT ONLY IF IT ISSIGNED BY THE DEPUTY CLERK OR AUTHORIZED DESIGNEEThis Contract for Construction (“Contract”) is made by and between School District No. 1J, Multnomah County, Oregon(“Portland Public Schools” or “District”) and ______________ (“Contractor”) for ___________________ (“Work”) on_________________________ (“Project”). The parties agree as follows:CONTRACTOR DATAContractor attests that it is an independent contractor solely responsible for the work performed under this Contract.Contractor, its subcontractors, employees, and agents shall not be deemed employees of District. Contractor shall beresponsible for all federal, state, and local taxes and any and all fees applicable to payments for services under this Contract.Full Business Name:Address:City, State, ZIP:Business Telephone:Facsimile:Email:Federal Tax Identification Number (“TIN”) or Social Security Number (“SSN”):Oregon Construction Contractors Board License Number:Workers’ Compensation Carrier:Workers’ Compensation Policy:Expiration Date:Payment information will be reported to the Internal Revenue Service under the name and TIN or SSN, whichever isapplicable, provided above by Contractor.Contractor certifies under penalty of perjury that Contractor is aSole Proprietor Corporation Limited Liability CompanyPartnership Nonprofit Corporation Government Agency Other [describe: ]
  30. 30. CONTRACT FOR CONSTRUCTIONPage 2 of 31.1 Work. Contractor shall fully execute the Work described by the Contract Documents, unlessspecifically indicated in the Contract Documents to be the responsibility of others. The term “Work” means theconstruction and services required by the Contract Documents, whether completed or partially completed, andincludes, except as otherwise specifically stated in this Contract, all other labor, materials, equipment, tools,permits, fees, licenses, facilities, taxes, transportation, supervision, temporary constructions of every nature, andall other services, management, and facilities of every nature whatsoever necessary to fulfill Contractor’sobligations by executing and completing this Contract within the Contract Time. The Work may constitute thewhole or a part of the Project.1.2 Enumeration of Contract Documents. The Contract Documents consist of this Contract forConstruction, the General Conditions, Supplemental Conditions, Drawings, Specifications, Addenda issued priorto execution of this Contract, and Modifications issued after execution of this Contract, all of which form theContract, and are as fully a part of the Contract as if attached hereto or repeated herein, and the following exhibitsto this Contract, including:Exhibit A: List of Drawings, Specifications, and other AttachmentsExhibit B: Insurance Requirements.Exhibit C: Drug-Free Workplace CertificationExhibit D: Certification Statement for Corporation or Independent ContractorExhibit E: Workers Compensation CertificationExhibit F: Prevailing Wage and Related Labor Requirements CertificationExhibit G: Criminal Background Investigation/Fingerprinting Certification1.3 The Contract Time. Contractor shall achieve Substantial Completion of the Work under this Contractwithin ( ) consecutive calendar days (“Contract Time”) from the date specified in Districts Notice toProceed, subject to adjustments of this Contract Time as provided in the Contract Documents.1.4 Reserved.1.5 The Contract Sum. District shall pay Contractor the Contract Sum in the lump sum amount ofDollars ($ ), subject to additions and deductions as provided in the Contract Documents. Contractor shallinclude in the Contract Sum all allowances stated in the Contract Documents.1.6 Notice and Communications.1 Notices and communications between the parties to this Contract may be sent to the followingaddresses:District: Contractor:
  31. 31. CONTRACT FOR CONSTRUCTIONPage 3 of 3.2 The party giving notice will provide notice in writing, dated and signed by the party giving notice orby a duly authorized representative of that party. Notice is not effective for any purpose whatsoeverunless served in one of the following manners:.3 If notice is given by personal delivery, it is deemed delivered on the day of delivery..4 If notice is given by overnight delivery service, it is deemed delivered one (1) day after datedeposited, as indicated by the delivery service..5 If notice is given by depositing same in United States mail, enclosed in a sealed envelope, it isdeemed delivered three (3) days after date deposited, as indicated by the postmarked date..6 If notice is given by registered or certified mail with postage prepaid, return receipt requested, it isdeemed delivered on the day the notice is signed for.Contractor has the power and authority to enter into and perform this Contract; the persons executing thisContract on behalf of Contractor have the actual authority to bind Contractor to the terms of this ContractCONTRACTORContractor Firm NameSignaturePrinted Name and TitleDateDISTRICTPortland Public SchoolsSchool District No. 1J, Multnomah County, OregonGregory C. MacCrone, Deputy ClerkDateAPPROVED AS TO LEGAL FORMJollee F. Patterson, General Counsel
  32. 32. CONTRACT FOR CONSTRUCTIONExhibit A-1SCHOOL DISTRICT NO. 1J, MULTNOMAH COUNTY, OREGON(PORTLAND PUBLIC SCHOOLS)CONTRACT FOR CONSTRUCTIONEXHIBIT ALIST OF DRAWINGS, SPECIFICATIONS, AND OTHER CONTRACT DOCUMENTSA. The DrawingsNumber Title DateB. The SpecificationsSection Title Date PagesC. The AddendaNumber Date PagesPortions of Addenda relating to bidding requirements are not part of the Contract Documents.D. Other Documents forming part of the Contract DocumentsEND OF DOCUMENT
  33. 33. CONTRACT FOR CONSTRUCTIONExhibit B-1SCHOOL DISTRICT NO. 1J, MULTNOMAH COUNTY, OREGON(PORTLAND PUBLIC SCHOOLS)CONTRACT FOR CONSTRUCTIONEXHIBIT BINSURANCE REQUIREMENTSA. CONTRACTORS LIABILITY INSURANCE.1. General Insurance Requirement. The Contractor will purchase from and maintain in a company orcompanies lawfully authorized to do business in the State of Oregon such insurance as will protect the Contractorfrom claims set forth below which may arise out of or result from the Contractors operations and completedoperations under the Contract and for which the Contractor may be legally liable, whether such operations be bythe Contractor or by a subcontractor, or by anyone directly or indirectly employed by any of them, or by anyonefor whose acts any of them may be liable:a. Claims under workers compensation, disability benefit, and other similar employee benefit acts thatare applicable to the Work to be performed;b. Claims for damages because of bodily injury, occupational sickness or disease, or death of theContractors employees;c. Claims for damages because of bodily injury, sickness or disease, or death of any person other thanthe Contractors employees;d. Claims for damages insured by usual personal injury liability coverage and commercial generalliability coverage (or its equivalent as approved in advance by the District);e. Claims for damages, other than to the Work itself, because of injury to or destruction of tangibleproperty, including loss of use resulting therefrom;f. Claims for damages because of bodily injury, death of a person, or property damage arising out ofownership, maintenance, or use of a motor vehicle;g. Claims for bodily injury or property damage arising out of completed operations;h. Claims involving contractual liability insurance applicable to the Contractors obligations under theContract Documents;i. Claims for third-party injury and property damage (including without limitation clean-up costs) as aresult of pollution conditions arising from the Contractors operations or completed operations; andj. Claims involving the Contractors professional liability, solely to the extent that the Contractoraccepts design or design/build responsibilities under the Contract.2. Required Coverage. Without waiver of any other requirement of the Contract Documents, theContractor will provide, pay for, and maintain in full force and effect at all times during the performance of theWork until final acceptance of the Work or for such further duration as required, the following policies ofinsurance issued by a responsible carrier. All of the Contractors insurance carriers will be rated A VII or better byA.M. Bests rating service, unless otherwise approved by the District.a. Workers Compensation. Workers compensation coverage sufficient to meet statutory liabilitylimits.b. Employers Liability. The Contractor will purchase and maintain employers liability insurance inaddition to its workers compensation coverage with at least the minimum limits in C below.
  34. 34. CONTRACT FOR CONSTRUCTIONExhibit B-2c. Commercial General Liability. The Contractor will purchase and maintain commercial generalliability ("CGL") insurance on an occurrence basis, written on ISO Form CG 0001 (12/04 or later) or anequivalent form approved in advance by the District. CGL coverage will include all major coveragecategories including bodily injury, property damage, and products/completed operations coveragemaintained for at least six years following final payment. The CGL insurance will also include thefollowing: (1) separation of insured; (2) incidental medical malpractice; and (3) per-project aggregate forpremises operations.d. Professional Liability/Errors and Omissions: To the extent that the Contractor accepts design ordesign/build responsibilities, the Contractor will purchase and maintain professional liability/errors andomissions insurance or cause those subcontractors providing design services do so.e. Automobile Liability. The Contractor will purchase and maintain automobile liability insurance withcoverage for owned, hired, and non-owned vehicles on ISO form CA 00 01 or an equivalent form approvedin advance by the District. The automobile liability insurance will include pollution liability coverageresulting from vehicle overturn and collision.f. Pollution Liability. The Contractor will purchase a contractors pollution liability policy. Coveragewill include third-party claims for bodily injury, property damage, and environmental damage resultingfrom pollution conditions caused during the performance of covered operations for both on-site andmigrating from the job site. Such coverage will include pollution conditions arising from coveredoperations including work performed by its subcontractors and third-party claims against the Contractoralleging improper supervision of its subcontractors.g. Commercial Umbrella/Excess Coverage. The Contractor will purchase or maintain a commercialumbrella or excess liability policy to meet the minimum limits set out below. Commercial umbrella/excessliability coverage will include: (1) "Pay on behalf of" wording; (2) concurrency of effective dates withprimary coverage; (3) punitive damages coverage (where not prohibited by law); (4) application ofaggregate (where applicable) in primary coverage; and (5) drop-down feature. Excess/umbrella coveragewill be scheduled to the CGL, employees liability, and automobile liability policies.3. Limits. The insurance required by this Contract will be written for at least the limits of liabilityspecified herein or required by law, whichever is greater.a. Workers Compensation. Statutory Limitsb. Employers Liability.Each Accident: $1,000,000Each Bodily Injury Disease: $1,000,000Aggregate Bodily Injury Disease: $1,000,000c. Commercial General Liability.Each Occurrence: $1,000,000General Aggregate: $2,000,000Product/Completed Operations: $2,000,000Personal & Advertising Injury: $1,000,000Fire Damage Limit: $ 100,000Medical Expense Limit: $ 5,000d. Automobile Liability.Combined Single Limit: $1,000,000e. Pollution Liability.Single Limit: $1,000,000Aggregate: $1,000,000f. Commercial Umbrella/Excess Coverage.Each Occurrence: $1,000,0004. Additional Insured Parties. The Contractors third-party liability insurance policies will include theDistrict and its officers, employees, agents, volunteers, partners, successors, and assigns as additional insureds.
  35. 35. CONTRACT FOR CONSTRUCTIONExhibit B-3The policy endorsement must extend premise operations and products/completed operations to the additionalinsureds. The additional insured endorsement for the CGL insurance must be written on ISO Form CG 2010(11/85), a CG 2037 (07/04) together with CG 2033 (07/04), or the equivalent; but will not use the followingforms: CG 20 10 (10 93) or CG 20 10 (03 94). The additional insured endorsement for the CGL insurance shallbe maintained for six years following final payment.5. Joint Venture. If the Contractor is a joint venture, the joint venture will be a named insured for theliability insurance policies.6. Primary Coverage. The Contractors insurance will be primary insurance coverage and may not seekcontribution from any insurance or self-insurance carried by the District or the Architect including any propertydamage coverage carried by the District. Contractors insurance will apply separately to each insured againstwhom a claim is made or suit is brought. The Contractors insurance will not include any cross-suit exclusion orpreclude an additional insured party from asserting a claim as a third party.7. Contractors Failure to Maintain Insurance. If the Contractor for any reason fails to maintainrequired insurance coverage, such failure will be deemed a material breach of the Contract and the District, at itssole discretion, may suspend or terminate the Contract pursuant to the Contract. The District may, but has noobligation to, purchase such required insurance, and without further notice to the Contractor, the District maydeduct from the Contract Sum any premium costs advanced by the District for such insurance. Failure tomaintain the insurance coverage required by the Contract will not waive the Contractors obligations to theDistrict.8. Certificates of Insurance. The Contractor will supply to the District Certificates of Insurance andadditional insured endorsements for the insurance policies under the Contract prior to the commencement of theWork and before bringing any equipment or construction personnel onto the Project site. Such Certificates ofInsurance shall set forth all applicable Contractor self-insured retentions or deductibles, if applicable, on theinsurance policies described in the Contract.a. Additional Certificates. To the extent that the Contractors insurance coverages are required toremain in force after final payment and are reasonably available, an additional certificate evidencingcontinuation of such coverage will be submitted with the final Application for Payment. Informationconcerning reduction of coverage on account of revised limits or claims paid under the general aggregate,or both, will be furnished by the Contractor with reasonable promptness in accordance with the Contractorsinformation and belief.b. Prohibition of Access. The District will have the right, but not the obligation, to prohibit theContractor and its subcontractors from entering the Project site until the required certificates (or othercompetent evidence that insurance has been obtained in complete compliance with the Contract) arereceived and approved by the District.c. Deductibles/Self-Insured Retentions: Payment of deductibles or self-insured retention is a Cost ofthe Work within the Guaranteed Maximum Price and does not justify a Change Order. Satisfaction of allself-insured retentions or deductibles will be the sole responsibility of the Contractor.9. Subcontractor Insurance. The Contractor will cause each subcontractor to purchase and maintain infull force and effect policies of insurance as provided herein, except for coverage limits, subject the District’sprior written consent. The Contractor will be responsible for the subcontractors coverage if the subcontractors failto purchase and maintain the required insurance. When requested by the District, the Contractor will furnishcopies of certificates of insurance establishing coverage for each subcontractor.10. Limitations on Coverage.a. No insurance provided by the Contractor under the Contract will be required to indemnify theDistrict, the Architect, or their employees or agents to the extent of liability for death or bodily injury topersons or damage to property caused in whole or in part by their own negligence, but will requireindemnity to the extent of the fault of the Contractor or its agents, representatives, or subcontractors.b. The obligations of the Contractor under the Contract will not extend to the liability of the Architector its consultants for (1) the preparation or approval of maps, Drawings, opinions, reports, surveys, Change
  36. 36. CONTRACT FOR CONSTRUCTIONExhibit B-4Orders, designs, or specifications, or (2) the giving or failure to give directions or instructions, to the extentthat the directions, or failure to provide directions, are the cause of the injury or damage.c. By requiring insurance, the District does not represent that coverage and limits will necessarily beadequate to protect the Contractor. Insurance in effect or procured by the Contractor will not reduce orlimit the Contractors contractual obligations to indemnify and defend the District for claims or suits thatresult from or are connected with the performance of the Contract.B. PROPERTY INSURANCE:1. Builders Risk. As applicable to the project, District will provide builders risk insurance for the Projectcovering physical loss or damage to the Work in the amount of the total Project sum. Such insurance will coverthe work, false work, temporary structures, all supplies and materials furnished in connection therewith anddestined to become a part of the Work, and will include some limited amount of off-site storage and transitcoverage. Builder’s risk coverage shall include "care, custody, and control" coverage that follows the form forprimary coverage.a. If such builders risk insurance has a deductible, the Contractor will be responsible for the first$5,000 under the deductible. The remainder of such deductible, if any, will be the responsibility of the firstnamed insured on the policy.b. Should District decide not to provide builders risk insurance District will immediately notifyContractor of such decision and allow Contractor to procure builders risk insurance. The District will alsoallow Contractor to submit a Change Order to District for the reimbursement of the cost of builders riskinsurance as procured by the Contractor.2. Contractors Responsibility. Contractor must provide insurance for its own machinery, tools,equipment, or supplies that are not to become a part of the Project.
  37. 37. CONTRACT FOR CONSTRUCTIONExhibit C-1C. SCHOOL DISTRICT NO. 1J, MULTNOMAH COUNTY, OREGOND. (PORTLAND PUBLIC SCHOOLS)CONTRACT FOR CONSTRUCTIONEXHIBIT CDRUG-FREE WORKPLACE CERTIFICATIONPROJECT/CONTRACT NO.: between Portland Public Schools, School District No. 1J, MultnomahCounty, Oregon (“District”) and (“Contractor”).This Drug-Free Workplace Certification form is required from the successful Bidder pursuant to the federal Drug-FreeWorkplace Act of 1990. The Drug-Free Workplace Act of 1990 requires that every person or organization awarded acontract or grant for the procurement of any property or service from any state agency receiving federal funds must certifythat it will provide a drug-free workplace by doing certain specified acts. In addition, the Act provides that each contract orgrant awarded by a state agency may be subject to suspension of payments or termination of the contract or grant, and thecontractor or grantee may be subject to debarment from future contracting, if the contracting agency determines that specifiedacts have occurred.Contractor certifies that it will provide a drug-free workplace by doing all of the following:a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation,possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace andspecifying actions which will be taken against employees for violations of the prohibition;b. Establishing a drug-free awareness program to inform employees about all of the following:(1) The dangers of drug abuse in the workplace.(2) The person’s or organization’s policy of maintaining a drug-free workplace.(3) The availability of drug counseling, rehabilitation, and employee-assistance programs.(4) The penalties that may be imposed upon employees for drug abuse violations.c. Requiring that each employee engaged in the performance of the contract or grant be given a copy of thestatement required above, and that, as a condition of employment on the contract or grant, the employeeagrees to abide by the terms of the statement.The undersigned, agrees to fulfill the terms and requirements of law listed above and to publish a statement notifyingemployees concerning (a) the prohibition of controlled substance at the workplace, (b) the establishment of a drug-freeawareness program, and (c) the requirement that each employee engaged in the performance of the contract be given a copyof the statement and agree to abide by the terms of that statement.If the District determines that the undersigned has (a) made a false certification herein, or (b) violated this certification byfailing to carry out the requirements of this section, that the Contract awarded herein is subject to termination, suspension ofpayments, or both. Should the undersigned violate the terms of the Drug-Free Workplace Act of 1990, the Contractor may besubject to debarment in accordance with the requirements of this section.On behalf of the undersigned, I acknowledge that I am aware of the provisions of and hereby certify that Contractor willadhere to the requirements of the Drug-Free Workplace Act of 1990.Date:CONTRACTORSignature:Print Name:Title:
  38. 38. CONTRACT FOR CONSTRUCTIONExhibit D-1SCHOOL DISTRICT NO. 1J, MULTNOMAH COUNTY, OREGON(PORTLAND PUBLIC SCHOOLS)CONTRACT FOR CONSTRUCTIONEXHIBIT DCERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTORPROJECT/CONTRACT NO.: between Portland Public Schools, School District No. 1J, MultnomahCounty, Oregon (“District”) and (“Contractor”).A. CONTRACTOR IS A CORPORATION, LIMITED LIABILITY COMPANY, OR A PARTNERSHIP.I certify under penalty of perjury that Contractor is a [check one]:Corporation Limited Liability Company Partnership authorized to do business in the State of Oregon.Signature Title Datea. ORB. CONTRACTOR IS A SOLE PROPRIETOR WORKING AS AN INDEPENDENT CONTRACTOR.Contractor certifies under penalty of perjury that the following statements are true:1. If Contractor is providing labor or services under this Contract for which registration is required under ORSChapter 701, Contractor has registered as required by law, and2. If Contractor performed labor or services as an independent Contractor last year, Contractor filed federal andstate income tax returns last year in the name of the business (or filed a Schedule C in the name of the businessas part of a personal income tax return), and3. Contractor represents to the public that the labor or services Contractor provides are provided by anindependently established business, and4. All of the statements checked below are true.Check all that apply.A. The labor or services I perform is primarily carried out at a location that is separate from myresidence or is primarily carried out in a specific portion of my residence that is set aside as thelocation of the business.B. I purchase commercial advertising or I have business cards for my business, or I am a member ofa trade association.C. My business telephone listing is separate from my personal residence telephone listing.D. I perform labor or services only under written contracts.E. Each year I perform labor or services for at least two different persons or entities.F. I assume financial responsibility for defective workmanship or for service not provided bypurchasing performance bonds, errors and omission insurance, or liability insurance, or providingwarranties relating to the labor or services I provide.Signature Date
  39. 39. CONTRACT FOR CONSTRUCTIONExhibit E-1SCHOOL DISTRICT NO. 1J, MULTNOMAH COUNTY, OREGON(PORTLAND PUBLIC SCHOOLS)CONTRACT FOR CONSTRUCTIONEXHIBIT EWORKERS COMPENSATION CERTIFICATIONPROJECT/CONTRACT NO.: between Portland Public Schools, School District No. 1J, MultnomahCounty, Oregon (“District”) and (“Contractor”).I am a representative of the Contractor; I am familiar with the facts herein certified; and I am authorized andqualified to execute this certificate on behalf of Contractor.As required by ORS 656.017, Contractor will provide workers’ compensation coverage in accordance withORS Chapter 656 for all subject workers. Contractor and all subcontractors of Contractor that employ subjectworkers who work under this Contract in the State of Oregon will comply with ORS 656.017 and provide therequired Workers Compensation coverage, unless such employers are exempt under ORS 656.126. Contractorshall ensure that each of its subcontractors complies with these requirements and will submit certification ofinsurance to District.I am aware of the provisions of ORS Chapter 656 which require every employer to be insured against liability forworkers compensation or to undertake self-insurance in accordance with the provisions of that code, and certifythat Contractor will comply with such provisions before commencing the performance of the Work of theContract.Date:CONTRACTORSignature:Print Name:Title:END OF DOCUMENT
  40. 40. CONTRACT FOR CONSTRUCTIONExhibit F-1SCHOOL DISTRICT NO. 1J, MULTNOMAH COUNTY, OREGON(PORTLAND PUBLIC SCHOOLS)CONTRACT FOR CONSTRUCTIONEXHIBIT FPREVAILING WAGE AND RELATED LABOR REQUIREMENTS CERTIFICATIONPROJECT/CONTRACT NO.: between Portland Public Schools, School District No. 1J, MultnomahCounty, Oregon (“District”) and (“Contractor”).I am a representative of the Contractor; I am familiar with the facts herein certified; and I am authorized andqualified to execute this certificate on behalf of Contractor.I hereby certify that Contractor will conform to the State of Oregon requirements regarding prevailing wages,benefits, on-site audits with 48-hours notice, payroll records, and apprentice and trainee employmentrequirements, for all Work on the Project including, without limitation, the District’s labor compliance program, ifin use on the Project.Date:CONTRACTORSignature:Print Name:Title:END OF DOCUMENT
  41. 41. CONTRACT FOR CONSTRUCTIONExhibit G-1SCHOOL DISTRICT NO. 1J, MULTNOMAH COUNTY, OREGON(PORTLAND PUBLIC SCHOOLS)CONTRACT FOR CONSTRUCTIONEXHIBIT GCRIMINAL BACKGROUND INVESTIGATION/ FINGERPRINTING CERTIFICATIONPROJECT/CONTRACT NO.: between Portland Public Schools, School District No. 1J, MultnomahCounty, Oregon (“District”) and (“Contractor”).The undersigned does hereby certify to the governing board of the District as follows:I am a representative of the Contractor; I am familiar with the facts herein certified; and I am authorized andqualified to execute this certificate on behalf of Contractor.I acknowledge that “unsupervised contact” with students means contact that provides a person opportunity andprobability for personal communication or touch with students when not under direct District supervision. Asrequired by ORS 326.603, Contractor will ensure that Contractor, any subcontractors, and their officers,employees, and agents will have no direct, unsupervised contact with students while on District property.Contractor will work with District to ensure compliance with this requirement. If Contractor is unable to ensurethrough a security plan that none of its officers, employees, or agents or those of its subcontractors will havedirect, unsupervised contact with students in a particular circumstance or circumstances, Contractor will notifyDistrict before beginning any work that could result is such contact. Contractor authorizes District to obtaininformation about Contractor and its history and to conduct a criminal background check, includingfingerprinting, of any Contractor officers, employees, or agents who will have unsupervised contact with students.Contractor will cause its employees and/or subcontractors, if any, to authorize District to conduct thesebackground checks. Contractor will pay all fees assessed by Oregon Department of Education for processing thebackground check. District may deduct the cost of such fees from a progress or final payment to Contractor underthis Contract, unless Contractor elects to pay such fees directly.Date:CONTRACTORSignature:Print Name:Title:END OF DOCUMENT Date:CONTRACTORSignature:Print Name:Title:END OF DOCUMENT
  42. 42. SECTION 00 61 13 FORM OF PERFORMANCE BONDPORTLAND PUBLIC SCHOOLS, SCHOOL DISTRICT #1J,MULTNOMAH COUNTY, OREGONBond No. __________________________________Bond Value: $ _______________________________Principal:NameAddressPhoneSurety:NameAddressPhoneObligee: Portland Public Schools, School District No. 1J, Multnomah County, Oregon501 North Dixon StreetPortland, Oregon 97227Solicitation:(503) 916-Invitation to Bid No. ITB #Agreement: Principal has entered into a contract (“Contract”) with Obligee for the followingProject:Project NameWe, as Principal, and the above identified Surety, authorized to transactsurety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respectiveheirs, executors, administrators, successors and assigns firmly by these presents to pay unto theObligee the sum of (Total Penal Sum of Bond)andWHEREAS, the Principal has entered into a contract with the Obligee, the plans, specifications, terms and conditions of which arecontained in the above-referenced Solicitation;WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, special provisions,schedule of performance, and schedule of contract prices, are made a part of this Performance Bond by reference, whether or notattached to the contract (all hereafter called “Contract”); andWHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans and
  43. 43. specifications, and all authorized modifications of the Contract which increase the amount of the work, the amount of the Contract,or constitute an authorized extension of the time for performance, notice of any such modifications hereby being waived by theSurety:NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal herein shall faithfully and truly observe andcomply with the terms, conditions and provisions of the Contract, in all respects, and shall well and truly and fully do and perform allmatters and things undertaken by Contractor to be performed under the Contract, including without limitation warranty andmaintenance work required under the Contract, upon the terms set forth therein, and within the time prescribed therein, or asextended as provided in the Contract, with or without notice to the Sureties, and shall indemnify and save harmless the Obligee, itsofficers, employees and agents, against any direct or indirect damages or claim of every kind and description that shall be sufferedor claimed to be suffered in connection with or arising out of the performance of the Contract by the Principal or its subcontractors,and shall in all respects perform said contract according to law, then this obligation is to be void; otherwise, it shall remain in fullforce and effect.Nonpayment of the bond premium will not invalidate this bond nor shall the Obligee be obligated for the payment of any premiums.This bond is given and received under authority of ORS Chapter 279C, the provisions of which hereby are incorporated into thisbond and made a part hereof.IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULYAUTHORIZED LEGAL REPRESENTATIVES.Dated this day of 20PRINCIPAL:BY ATTORNEY-IN-FACT:Power-of-Attorney must accompany each surety bond]BySignature NameOfficial Capacity SignatureAttest:Corporation Secretary AddressSURETY:City State ZipPhone Fax
  44. 44. SECTION 00 61 14 FORM OF LABOR AND MATERIAL PAYMENT BONDBond No. __________________________________Bond Value: $ _______________________________Principal:NameAddressPhoneSurety:NameAddressPhoneObligee: Portland Public Schools, School District No. 1J, Multnomah County, Oregon501 North Dixon StreetPortland, Oregon 97227Solicitation:(503) 916-Invitation to Bid No. ITB#Agreement: Principal has entered into a contract (“Contract”) with Obligee for the followingProject:Project NameWe, as Principal, and the above identified Surety, authorized totransact surety business in Oregon, as Surety, hereby jointly and severally bindourselves, our respective heirs, executors, administrators, successors and assigns firmlyby these presents to pay unto the Obligee the sum of (Total Penal Sum of Bond)andWHEREAS, the Principal has entered into a contract with the Obligee, the plans, specifications, terms andconditions of which are contained in above-referenced Solicitation;WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, specialprovisions, schedule of performance, and schedule of contract prices, are made a part of this Payment Bond byreference, whether or not attached to the contract (all hereafter called “Contract”); andPORTLAND PUBLIC SCHOOLS, SCHOOL DISTRICT NO. 1JMULTNOMAH COUNTY, OREGON
  45. 45. WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,requirements, plans and specifications, and schedule of contract prices which are set forth in the Contract and anyattachments, and all authorized modifications of the Contract which increase the amount of the work, or the cost ofthe Contract, or constitute authorized extensions of time for performance of the Contract, notice of any suchmodifications hereby being waived by the Surety:NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully and trulyobserve and comply with the terms, conditions and provisions of the Contract, in all respects, and shall well and trulyand fully do and perform all matters and things by it undertaken to be performed under said Contract and any dulyauthorized modifications that are made, upon the terms set forth therein, and within the time prescribed therein, oras extended therein as provided in the Contract, with or without notice to the Sureties, and shall indemnify and saveharmless the Obligee, its officers, employees and agents, against any claim for direct or indirect damages of everykind and description that shall be suffered or claimed to be suffered in connection with or arising out of theperformance of the Contract by the Contractor or its subcontractors, and shall promptly pay all persons supplyinglabor, materials or both to the Principal or its subcontractors for prosecution of the work provided in the Contract;and shall promptly pay all contributions due the State Industrial Accident Fund and the State UnemploymentCompensation Fund from the Principal or its subcontractors 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 thewages of employees of the Principal and its subcontractors pursuant to ORS 316.167, and shall permit no lien norclaim to be filed or prosecuted against the Obligee on account of any labor or materials furnished; and shall do allthings required of the Principal by the laws of the State of Oregon, then this obligation shall be void; otherwise, itshall remain in full force and effect.Nonpayment of the bond premium will not invalidate this bond nor shall the Obligee be obligated for the payment ofany premiums.This bond is given and received under authority of ORS Chapter 279C, the provisions of which hereby areincorporated into this bond and made a part hereof.For the purposes of this bond, a claimant is any person who has a right of action against the bond under ORS279C.600.A claimant’s right of action on this bond and limitations on the institution of an action shall be governed by ORS279C.380.IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OURDULY AUTHORIZED LEGAL REPRESENTATIVES:Dated this day of 20PRINCIPAL:BY ATTORNEY-IN-FACT:Power-of-Attorney must accompany each surety bond]BySignature NameOfficial Capacity SignatureAttest:Corporation Secretary AddressSURETY:City State ZipPhone Fax
  46. 46. CONTRACT FOR CONSTRUCTION: GENERAL CONDITIONS SECTION 00 72 13General ConditionsFINAL.docPage 1 of 28SECTION 00 72 13 GENERAL CONDITIONSSCHOOL DISTRICT NO. 1J, MULTNOMAH COUNTY, OREGON(PORTLAND PUBLIC SCHOOLS)CONTRACT FOR CONSTRUCTIONGENERAL CONDITIONSArticle 1 General Provisions1.1 Contract Documents. The Contract Documents are enumerated in the Contract for Constructionbetween District and Contractor (“Contract”) and consist of the Contract, Conditions of the Contract (General,Supplementary and other Conditions), Drawings, Specifications, additions or deletions to, material changes in, orgeneral interest explanations of a Solicitation Document (“Addenda”) (other than Addenda relating to biddingrequirements) issued prior to the bid, other documents listed in the Contract, and Modifications issued afterexecution of the Contract. The intent of the Contract Documents is to include all items necessary for the properexecution and completion of the Work by Contractor. The Contract Documents are complementary, and what isrequired by one will be as binding as if required by all; performance by Contractor will be required only to theextent consistent with the Contract Documents and reasonably inferable from them as being necessary to producethe indicated results.1.2 Contract Schedule. The graphical representation of the practical plan for carrying out the Work andcompleting the Work within the Contract Time as set forth in the Contract Documents. The Contract Scheduleprovides a list of intended events and times to complete each event as set forth in the Contract Documents.1.3 Drawings. The “Drawings” are the graphic and pictorial portions of the Contract Documents showingthe design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedulesand diagrams.1.4 Modification. A “Modification” is (1) a written amendment to this Contract signed by both parties, (2) aChange Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issuedby the Architect. Unless specifically enumerated in the Contract, the Contract Documents do not include theadvertisement or invitation to bid, instructions to bidders, sample forms, other information furnished by District inanticipation of receiving bids or proposals, Contractor’s bid or proposal, or portions of Addenda relating tobidding requirements.1.5 Organization of Drawings and Specifications. Organization of the Specifications into divisions,sections and articles, and arrangement of Drawings will not control Contractor in dividing the Work amongsubcontractors or in establishing the extent of Work to be performed by any trade.1.6 Project. The “Project” is the total construction of which the Work performed under the ContractDocuments may be the whole or a part and which may include construction by District and by separatecontractors.1.7 Project site. The “Project site” is the property upon which the Project lies and District’s property thatsurrounds the Project, extending to the District’s property boundary.1.8 Specifications. The “Specifications” are that portion of the Contract Documents consisting of the writtenrequirements for materials, equipment, systems, standards and workmanship for the Work, and performance ofrelated services.

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