informal request for proposal · informal request for proposal ... proposers must submit an offer...

INFORMAL

REQUEST FOR PROPOSAL

Solicitation No: 14-0041

For the Provision of

Springville K-8 Site Improvements

Proposal Due Date & Time

January 15, 2015 at 2:00 PM

The purpose of this Informal Request for Proposals (Solicitation) is to obtain competitive Offers from

qualified Firms (Proposers) interested in the provision of Springville K-8 Site Improvements.

Proposers must submit an Offer pursuant to the provisions of this Solicitation via email to

[email protected]

No publication of this solicitation or the Award is required, this is an INFORMAL Process.

Proposers are solely responsible for ensuring that the District receives its Offer.

Questions and comments regarding this solicitation shall be directed only to [email protected]

OFFERS SHALL BE PURSUANT TO THE PROVISIONS OF THIS SOLICITATION

THE DISTRICT MAY REJECT ANY OFFER NOT IN COMPLIANCE WITH ALL

PRESCRIBED REQUIREMENTS

mailto:[email protected]


SECTION I – INSTRUCTIONS: GENERAL PROVISIONS


Consulting Services

1. INTRODUCTION. This Solicitation is issued pursuant to ORS 279A, ORS 279C and the Oregon Attorney

General Model Rules Division 48. The term "District" or “Owner” throughout this document means the Beaverton

School District, the term “Consultant” means an Architect, Engineer, Land Surveyor or provider of Related

Services.

2. INFORMAL SELECTION PROCEDURE. Pursuant to OAR 137-048-0210, the District shall use the Informal

selection procedure described in this solicitation to Contract with a Consultant.

3. SOLICITATION REVIEW. Consultants must carefully review this Solicitation document and are responsible for

knowing and understanding all terms and conditions. Unless defects, ambiguities, omissions, or errors are brought to

the District's attention by protest pursuant to SOLICITATION PROTEST protests of the Notice of Consultant

Selection based on such defects, ambiguities, omissions, or errors late may not be favorably considered.

4. SOLICITATION PROTEST. Pursuant to OAR 137-048-0240, Consultants may submit a written protest of anything

contained in this Solicitation and may request a change to any provision, specification or contract term contained in the

Solicitation, no later than 12:00 noon local time seven (7) calendar days prior to the date Proposals are due. Each

protest and request for change must include the reasons for the protest or request, and any proposed changes to the

Solicitation provisions, specifications or contract terms. The District will not consider any protest or request for

change that is submitted after the submission deadline. Protest shall be delivered to the Capital Program Purchasing

Manager by Email ([email protected]), or hand delivered to 16550 SW Merlo Road, Beaverton, OR.

Any changes to Solicitation will be made via email.

5. AWARD SELECTION PROTEST. Pursuant to OAR 137-048-0240, Consultants may Protest Consultant Selection.

a. Single Award. In the event of an award to a single Consultant, District shall provide to all Consultants a copy of

the selection notice that District sent to the highest ranked Consultant. A Consultant who claims to have been

adversely affected or aggrieved by the selection of the highest ranked Consultant may submit a written protest of

the selection to District no later than 12:00 noon local time seven (7) calendar days after the date of the notice of

intent to award a

contract. A Consultant submitting a protest must claim that the protesting Consultant is the highest ranked

Consultant because the Proposals of all higher ranked Consultants failed to meet the requirements of the

Solicitation or because the higher ranked Consultants otherwise are not qualified to perform the Architectural,

Engineering and Land Surveying Services or Related Services described in the Solicitation.

b. Multiple Award. In the event of an award to more than one Consultant, District shall provide to all Consultants

copies of the selection notices that District sent to the highest ranked Consultants. A Consultant who claims to have

been adversely affected or aggrieved by the selection of the highest ranked Consultants may submit a written

protest of the selection to District no later than 12:00 noon seven (7) calendar days after the date of the selection

notices. A Consultant submitting a protest must claim that the protesting Consultant is one of the highest ranked

Consultant’s because the Proposals of all higher ranked Consultants failed to meet the requirements of the

Solicitation, or because a sufficient number of Proposals of higher ranked Consultants to include the protesting

Consultant in the group of highest ranked Consultants failed to meet the requirements of the Solicitation. In the

alternative, a Consultant submitting a protest must claim that the Proposals of all higher ranked Consultants, or a

sufficient number of higher ranked Consultants to include the protesting Consultant in the group of highest ranked

Consultants, otherwise are not qualified to perform the Architectural, Engineering and Land Surveying Services or

Related Services described in

the Solicitation.

c. Effect of Protest Submission Deadline. District will not consider any protest that is submitted after the

submission deadline.

d. Resolution of Protests. The Purchasing Manager shall resolve all timely submitted protests within a reasonable

time following District's receipt of the protest and once resolved, shall promptly issue a written decision on the

protest to

the Consultant who submitted the protest. If the protest results in a change to the Solicitation, District shall revise the

Solicitation accordingly and shall issue a change in accordance with these rules.

.

6. SOLICITATION CANCELLATION. Pursuant to OAR 137-048-0250 the District may cancel, delay or suspend a

solicitation, or reject all Proposals, if the District believes it is in the public interest to do so. In the event of any such


cancellation, delay, suspension or rejection, the District is not liable to any Consultant for any loss or expense caused

by or resulting from any such cancellation, delay, suspension or rejection. Consultants responding to solicitations are

responsible for all costs they may incur in connection with submitting Proposals.

7. CHANGES.

a. The District may change this Solicitation via email to proposers.

b. The District may extend the due date if the District determines prospective Consultants need additional time to

review and respond to Changes.

8. ADDITIONAL REQUIREMENTS. Pursuant to OAR 137-048-0220(4)(a):

a. The District reserves the right to seek clarifications of submitted Proposals, which may or may not affect

the evaluation scoring criteria.

b. The District reserves the right to negotiate a final Contract that is in the best interest of the District.

c. The District reserves the right to reject any or all Proposals and the right to cancel this Solicitation at any time

if doing either would be in the public interest as determined by the District;

d. Consultants responding to this Solicitation do so solely at their expense, and the District is not responsible for any

Consultant expenses associated with the Solicitation;

e. Failure of the District to insist on strict performance shall not constitute a waiver of any of the provisions of this

Solicitation or resulting Contract or waiver of any other default of the Consultant.

9. CONTACT DURING SOLICITATION. Questions shall be submitted in writing via email to

[email protected] . No other contact regarding this solicitation during the solicitation process shall be

permitted. Unauthorized contact regarding this solicitation may subject the contacting Consultant’s proposal to

rejection.


SECTION II – INSTRUCTIONS: STATEMENT OF WORK


Consulting Services

1. Purpose and Introduction. The purpose of this Solicitation is to establish an Architectural Services Contract with the

selected Consultant. The project summary is described below. The selected Consultant shall provide all labor, materials,

plant, equipment, transportation and other facilities and services as necessary and/or required to execute all of the Work.

2. Services Required. Beaverton School District is requesting proposals for complete Architectural/Engineering

Consultant Services for a project at Springville K-8 School, located at 6655 NW Joss Ave Portland, OR 97229.

Construction is anticipated to occur in the Summer of 2015, and construction work shall be competitively bid under a

Design / Bid / Build procurement method.

3. Project Description. The Springville K-8 School consists of a 87,206 SF two story building that sits on a 10 acre site. The building was originally constructed in 2009.

The site improvement design / engineering will include, but not limited the following:

Covered play area addition

Rain gutters on existing covered play area

Remove Swales for more level play areas

Canopy for outdoor learning area on eastside of courtyard area

Extend sidewalk on northeast side of property to keep kids from crossing the driveway

Canopy crossing courtyard between north wing and play area.

Wood chip or asphalt track around play field

Fully fenced in track area

New ADA access from school to play field

Seat walls in courtyard area

Add 3rd portable classroom

It is targeted for the construction / implementation of the above referenced scope of work to begin with the

conclusion of the 2014 school year.

4. Operational Attributes. The district seeks to implement spaces with a focus on the following attributes:

a. Maintainability. Site work, landscaping, and other exterior improvements are to be designed to be

durable, low maintenance, and vandal resistant, while creating an aesthetically pleasing, safe, and

secure environment. Low maintenance cost is to be a primary consideration during selection of

materials, plantings, and site equipment.

5. Description of Services. Design Services shall include Schematic Design, Design Development, and Construction

Documents for permitting and bidding, bidding assistance, Construction Administration services, and warranty follow up

for one year beyond substantial completion.

a. Design/Engineering

i. All designs shall be in compliance with the Oregon Structural Specialty Code and Oregon Energy

Code requirements, and any other applicable Building Code requirements.

ii. Consultant shall provide the necessary Mechanical and Electrical engineering as required for any

mechanical, plumbing, fire system modifications, and electrical work to be included in the scope of

work.

a. Design must coordinate drawings and specifications, and incorporate Beaverton School

District Division 32 – Grounds and Exterior Improvements technical standards.

b. The “Technical Specifications” program documentation can be viewed at:

https://www.beaverton.k12.or.us/depts/facilities/development/Pages/Technical%20Standards.

aspx

c. The project will comply with the District’s Technical Standards and Education Specifications.

Deviations may be proposed by the A/E with appropriate rationale for District consideration.

https://www.beaverton.k12.or.us/depts/facilities/development/Pages/Technical%20Standards.aspx

https://www.beaverton.k12.or.us/depts/facilities/development/Pages/Technical%20Standards.aspx

b. Cost Estimating

i. Consultant shall secure the services of a Cost Consultant to provide preliminary cost estimates at

beginning of Schematic Design, at 100% Design Development and 80% Construction Document

phase.

c. Meetings

i. The consultant shall participate in a preliminary project kick-off meeting and physical design review

presentations at completion of Schematic Design, completion of Design Development, and 50%

Construction Document completion. Allow for 2 hours minimum for each design review session.

ii. The consultant shall participate in weekly meetings during construction; punch list walkthrough and

follow-up; and a one year warranty walk.

d. Miscellaneous

i. The schedule and scope of work of this project may be a challenge due to constraints on overall project

budget and available construction periods (summer break between school years).

ii. Value Engineering shall be used to ensure that optimized form and function are implemented for the

budget available. VE efforts will conform to ASTM E1699-14, and not merely be a tool for cutting

scope or quality.

iii. Reasonable use of sustainable materials and construction processes are to be considered where

reasonable without undue risk stemming from un-vetted products.

iv. The District has implemented the eBuilder Project Management software platform, for coordination of

efforts, approvals, and expedited communication. All prime project team members will be required to

utilize the program. Consultant shall be provided a seat (license) and a minimum of four (4) hours

training.

v. All persons involved in the project who will have a physical presence on site at any time during the

course of the project will need to clear a background check. The basic criteria of clearance and refusal

offenses will be provided by the District Project Representative. Consultants and sub-consultants shall

provide a report of who has cleared the background check by an approved agency. Recommended

agency example or other equivalent: Advance Reporting, P.O. Box 12398, Salem, OR 97309,

www.advrep.com.

6. Contract.

a. The provisions of the sample AIA B101 (modified) – Architect Agreement are in addition to the requirements

set forth in this solicitation document and are incorporated by reference (see Enclosures).

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

contract terms reflect state statute and may not be altered.

i. If a Proposer takes exception to any of these terms it is advised to protest such pursuant to paragraph 5

under the Public Contracting Rules Section of this Solicitation.

ii. At minimum, the proposal must reflect in writing, any exceptions to specific terms and conditions. The

District may reduce the score of, or reject, a proposal with significant exceptions to terms and

conditions.

c. If the selected Consultant does not take either one of the two steps in “B” above, the Consultant will be

expected to sign a contract including all standard terms and conditions contained in the sample contract.

d. Personnel substitution – If the consultant must substitute personnel included in the original proposal they shall

obtain written District approval of substituted personnel, prior to substitution.

http://www.advrep.com/

11

SECTION III – Proposal Submission Requirements


Consulting Services

1. INTRODUCTION. This section prescribes the mandatory submission format for the presentation of a Proposal in

response to this Solicitation. The purpose of the submission format is to ensure uniformity of the information from each

Consultant and to aid in clear understanding and evaluation of each proposal.

2. OFFER FORMAT. A Consultant’s submitted Proposal:

a. Shall include ONE (1) ORIGINAL and ONE (1) complete copy as well as an electronic copy in PDF format of

the Proposal.

b. Should be typewritten on 8-1/2 x 11 size paper, two-sided and stapled in the upper left corner; elaborate art

work, expensive paper or binders, and expensive visuals are not necessary. Brochures or other promotional

presentations beyond that sufficient to present a complete and effective Proposal are not desired.

3. OFFER CONTENT. Consultants must provide a reply to each of the following items. The Proposer Certification form

(see attachments) shall be completed and submitted as the cover of the Proposer’s response. Provide a brief but concise

response to each of the following criteria areas. Do not assume the District has any prior knowledge of the Proposer.

Proposal response must be in the same order as presented below:

a. APPROACH

i. Describe the Proposers' knowledge and understanding of the Project and Services described in the

Statement of Work Section;

ii. Define the Proposers' approaches to staffing and scheduling needs for the services;

iii. Define proposed solutions to any perceived design and constructability issues;

iv. Describe the design philosophy, if applicable, and approach to the services described in the

Statement of Work Section;

b. EXPERIENCE

i. Describe the Proposers' availability and capability to perform the required services outlined in the

Statement of Work Section

ii. Describe Proposers' and their sub-consultants demonstrated ability to successfully complete similar

services on time and within budget, including whether or not there is a record of satisfactory

performance under OAR 137-048-0120 (2) (the Districts or other public agency record of Consultants

performance);

iii. Describe Proposers' Performance history in meeting

a. Deadlines;

b. City of Beaverton building department permit and deferred submittal performance;

c. Accuracy of cost estimates;

d. Producing high quality work;

e. Meeting financial obligations;

iv. Provide the status of any required license or certification;

12

c. PERSONNEL

i. List the Proposers’ key staff to be assigned to the project and describe their experience in providing

similar services on comparable projects;

ii. Describe the amount and type of resources, and list the number of experienced staff persons Proposer

has available to perform the services described in the Statement of Work Section;

iii. Show the recent, current and projected workloads of the staff and resources referenced above to be

assigned to the project;

iv. List the proportion of time Proposer estimates that the staff referenced above to be assigned to the

project, would spend on the services described in the Statement of Work Section;

d. SUB-CONSULTANTS

i. List the sub-consultant(s) that would be retained, and their roles with the project

ii. List the sub-consultant(s) key staff, amount and type of resources, availability, current workload, and

proportion of time of key staff related to the services described in the Statement of Work Section;

iii. Describe the sub-consultant(s) demonstrated ability to successfully complete similar services on time

and within budget, including whether or not there is a record of satisfactory performance under OAR

137-048-0120 (2) (the Districts’ or other public agency record of Consultants performance);

iv. Describe sub-consultants': Performance history in meeting deadlines; City of Beaverton building

department permit and deferred submittal performance; Accuracy of cost estimates; Producing high

quality work; and Meeting financial obligations;

e. OTHER

i. Provide any other criteria that would be relevant to the services described in the Solicitation including,

where the nature and budget of the project so warrant, a design competition between competing

Proposers;

ii. Provide a list of any litigation, arbitration, or mediation (pending or settled) the firm has been involved

in within the last five years in excess of $10,000. Show the parties, project, amount of dispute, and

results;

f. REFERENCES

i. Provide a minimum of three references (agency name, contact name, phone, email, brief description of

the project) and written recommendations from past clients;

g. INTERVIEWS

i. The evaluation committee may elect to interview Proposers if the evaluation committee considers it

necessary or desirable. The top ranked firm, or up to three firms if the scoring is very close, may be

invited to interview. The interview process may be used to supplement and clarify the information

contained in the proposal.

SECTION IV – Evaluation & Selection


Consulting Services

1. EVALUATION OF PROPOSAL. The District will review, score and rank Proposals according to the evaluation

criteria set forth in this Solicitation. Evaluation shall be in accordance with the subjective evaluation criteria defined

below.

2. EVALUATION CRITERIA. The District shall grade each proposal by reviewing and evaluating the line items

required to be submitted above. The following table indicates how the total points in the scoring shall be assigned by

proposal line item. Failure to meet minimum requirements for any individual item may disqualify the proposal

regardless of the total points scored for the other items.

Proposal Content Maximum

Points

Approach 15

Experience 20

Personnel 25

Sub-Consultants 20

Other 5

References 15

Total 100

3. INTERVIEWS.

a. The evaluation committee may elect to interview Proposers if the evaluation committee considers it necessary or

desirable. The top ranked firm, or up to three firms if the scoring is very close, may be invited to interview. The

interview process will be used to supplement and clarify the information contained in the proposal.

b. Interviews, if conducted, will bear on the firms’ rankings in the selection process.

c. Percentage/points assigned during the initial evaluation process may be adjusted by the evaluation committee

members, at their discretion, based upon findings from the interviews.

d. Based upon the proposal scoring, as modified by the interview, and the results of reference checks, the firms will be

given final ranking by the evaluation committee. The final ranking will be provided to District Administration for a

final decision to award a contract.

e. Particular details about interviews will be issued to those firms invited. Such interviews/presentations will be at the

firm's expense.

4. SELECTION. The evaluation committee shall provide to the Capital Program Purchasing Manager the results of the

scoring and ranking for each Proposer. If the District does not cancel the RFP after it receives the results of the scoring

and ranking for each Proposer, the District shall begin negotiating a Contract with the highest ranked Proposer. The

District shall direct negotiations toward obtaining written agreement on:

a. The Consultant’s performance obligations and performance schedule;

b. Payment methodology and a maximum amount payable to the Consultant for the Architectural, Engineering,

Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services required under

the Contract that is fair and reasonable to the District as determined solely by the District, taking into account the

value, scope, complexity and nature of the Architectural, Engineering, Photogrammetric Mapping, Transportation

Planning or Land Surveying Services or Related Services; and

c. Any other provisions the Contracting Agency believes to be in the Contracting Agency’s best interest to negotiate.

5. TERMINATION. The District shall, either orally or in writing, formally terminate negotiations with the highest ranked

Proposer if the District and Proposer are unable for any reason to reach agreement on a Contract within a reasonable

amount of time. The District may thereafter negotiate with the second ranked Proposer, and if necessary, with the third

ranked Proposer, and so on, in accordance with section (4)(c) of OAR 137-048-0220, until negotiations result in a

Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, the District

may end the solicitation.

The milestones for the selection process are set forth below. The dates are approximate but will be followed to the extent

reasonably possible. The purpose of this schedule is for Consultant information only. Required dates for submittals and any

other activities are provided elsewhere in this Solicitation.

Project Milestone Completion Date

Solicitation document available December 30, 2014

Deadline for Questions January 9, 2015 at 3:00 PM

Issue Addenda January 12, 2015

Submit Proposals January 15, 2015 at 2:00 PM

Deadline for award protests 7 days after Notice of Intent to Award at 12:00 PM

Contract Award on or about January 31, 2015

Begin Services on or about February 9, 2015

Estimated Construction Start Mid-June, 2015

Completion Date Mid-August, 2015

SECTION V – ATTACHMENTS


Consulting Services

CONSULTANT CERTIFICATION

_________________________________________ (Consultant)

_________________________________________ (physical address)

___________________________________________________

(city, state, zip)

1. The Consultant certifies that he or she has read and understands the terms and conditions of all documents pertaining to

this RFP.

2. The Contractor acknowledges that he or she that signs this Certification is fully authorized to sign on behalf of the

Consultant listed and to fully bind the Consultant listed to all conditions and provisions thereof.

3. The Consultant certifies that Consultant has complied or will comply with all requirements of local, state, and national

laws, and that no legal requirement has been or will be violated in making or accepting this RFP.

4. The Consultant is registered with the Construction Contractors Board, or is licensed by the State Landscape Contractors

Board, or licensed under ORS 468A.720 (Air Quality), if required.

License Number______________________.

5. The Consultant, pursuant to ORS 279A.120 (1), (check one) is________/is not___________ a resident Bidder. If not,

indicate State of residency ______________________.

6. The Consultant certifies that it has not discriminated and will not discriminate, in violation of ORS 279A.110, against

any minority, women or emerging small business enterprise in obtaining any required subcontract.

Respectfully submitted this _______ day of____________________, 20___.

Signature: __________________________________

Name: _________________________________ Phone: __________________________________

(print/type)

Title: __________________________________ Fax: _____________________________________

Email Address: ________________________________________________________________________

ENCLOSURES:

A Independent Contractor Determination Statement

B Overview - Google Earth

C Springville K-8 School – Information

AFFIDAVIT of COMPLIANCE with TAX LAWS

State of __________________

County of _______________

_______________ (Affiant), being first duly sworn under oath and representing

_________________________________________ (hereafter "Proposer”), hereby deposes

and swears or affirms under penalty of perjury that:

1. I am an employee of Proposer, I have knowledge of the Request for Proposals referenced

herein, and I have full authority from the Proposer to submit this affidavit and accept the

responsibilities stated herein.

2. I am aware that the Proposer has submitted a Proposal, dated on or about _________ (the

“·Proposal"), to the Beaverton School District in response to Request for Proposals #_______,

for ____________________ and I am familiar with the contents of the Request for Proposals

and Proposal.

3. The number shown on this form is Proposer's correct taxpayer identification;

A. Federal Tax Number:

B. Oregon Tax Number:

4. Proposer is not subject to backup withholding because (i) [Bidder/Proposer] is exempt from

backup withholding, (ii) Proposer has not been notified by the IRS that Proposer is subject to

backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has

notified Proposer that Proposer is no longer subject to backup withholding;

5. I am authorized to act on behalf of Proposer, and have authority and knowledge regarding

Proposer's payment of taxes, and to the best of my knowledge, Proposer is not in violation of

any Oregon tax laws, including, without limitation , those tax laws listed in ORS 305.380(4),

namely ORS Chapters 118, 314, 316, 317, 318, 320, 321 and 323 and Sections 10 to 20, Chapter

533, Oregon Laws 1981, as amended by Chapter 16, Oregon Laws 1982 (first special session);

the elderly rental assistance program under ORS 310.630 to 310.706; and any local taxes

administered by the Oregon Department of Revenue under ORS 305.620.

Affiant's Signature

Signed and sworn to before me on (date) by (Affiant's

name).

Notary Public for the State of _

My Commission Expires:

Page 1of 1

CONSULTANT RESPONSIBILITY FORM

(CONSULTANT’S QUALIFICATIONS AND FINANCIAL INFORMATION)

DECLARATION AND SIGNATURES

The undersigned hereby declares that the he or she is duly authorized to complete and submit this Responsibility Form and that the

statements contained herein are true and correct as of the date set forth below. Incomplete, incorrect or misleading information will be

reason for a determination by the District to reject the Consultant.

Date:

By:

(Signature of authorized official)

Name:

(Please type or print)

Title:

(Please type or print)

For:

(Firm’s name) (Please type or print)

CCB#:

Instructions

1. The information provided in this form is part of the District’s inquiry concerning Bidder responsibility. Please

print clearly or type.

2. If you need more space, use plain paper. Submit completed form with response.

3. Answer all questions.


CURRENT CONTRACTS IN FORCE

ITEM CONTRACT 1 CONTRACT 2

A. Work Location

B. Scope of Work;

Check box:

New Construction Re-Construction New Construction Re-Construction

C. Contract Amount $ $

D. Change Order Amt $ $

E. % Completed % %

F. Est. Comp. Date

G. Owners Name

H. Owner Contact

I. Telephone ( ) ( )

J. E-Mail Address


A. Work Location

B. Scope of Work;

Check box:




E. % Completed % %

F. Est. Comp. Date

G. Owners Name

H. Owner Contact


J. E-Mail Address

LARGEST SIMILAR JOBS YOU HAVE COMPLETED IN THE LAST FIVE YEARS AS THE PRIME CONTRACTOR


A. Work Location

B. Scope of Work;

Check box:




E. % Completed % %

F. Completion Date

G. Owners Name

H. Owner Contact


J. E-Mail Address

LIST COMPANIES FROM WHOM YOU OBTAIN SURETY BONDS

ITEM SURETY COMPANY 1 SURETY COMPANY 2

A. Company Name

B. Contact’s Name

C. Telephone ( ) ( )

D. Fax ( ) ( )

PRESENT AMOUNT OF

BONDING COVERAGE ($)

HAS YOUR APPLICATION FOR

SURETY BOND EVER BEEN DECLINED

(If Yes, please provide detailed information

in Remarks)

YES NO

DURING THE PAST 2 YEARS, HAVE YOU BEEN

CHARGED WITH A FAILURE TO MEET THE CLAIMS OF

YOUR SUBCONTRACTORS OR SUPPLIERS (If Yes, please

provide detailed information in Remarks)

YES NO


REFERENCES AND RELIABILITY

List four references (in addition to work experience contacts included above).

ITEM Reference 1 Reference 2

A. Name

B. Business or

Employer


D. E-Mail Address

ITEM Reference 1 Reference 2

A. Name

B. Business or

Employer


D. E-Mail Address

Has your company ever been declared in breach of any contract for unperformed or defective work? Yes. No.

If “yes,” explain.

Has any employee or agent of your company ever been convicted of a criminal offense arising out of obtaining, attempting to obtain, or performing a

public or private contract or subcontract? Yes. No.


Has any employee or agent of your company been convicted under state or federal law of embezzlement, theft, forgery, bribery, falsification or

destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty? Yes.

No.


Has your company or any employee or agent of your company been convicted under state or federal antitrust laws?

Yes. No.


Has any Officer or Partner of your organization ever been an Officer or Partner of another Organization that failed to complete a construction

contract? Yes. No.


FINANCIAL RESOURCES


Indicate the contractors total bonding capacity amount: $ .

What portion of this amount remains available at time of completion of this form? $

.

Has your firm ever been at any time in the last ten years the debtor in a bankruptcy case? Yes. No.


Does your firm have any outstanding judgments pending against it? Yes. No.


In the past ten years, has your firm been a party to litigation, arbitration or mediation where the amount in dispute exceeded $25,000? Yes. No.

If “yes,” explain. (Include court, case number and party names.)

In the past ten years, has your firm been a party to litigation, arbitration or mediation on a matter related to payment to subcontractors

or work performance on a contract? Check “yes” even if the matter proceeded to arbitration or mediation without court litigation.

Yes. No.

If “yes,” explain. (Include court, case number and party names.)

Have you or any of your affiliates discontinued business operation with outstanding debts? Yes. No.


KEY PERSONNEL

List the principal individuals of your company, their current job title, the total years of experience they have in the construction

industry and their current primary responsibility for your company. Corporations list current officers and those who own 5% or more

of the corporation’s stock. Limited liability companies list members who own 5% or more of company. Partnerships list all partners.

Joint ventures list each firm that is a member of the joint venture and the percentage of ownership the firm has in the joint venture.

ITEM Principal Individual Principal Individual

A. Name

B. Position

C. Years in Construction

D. Current Primary Responsibility

ITEM Principal Individual Principal Individual

A. Name

B. Position

C. Years in Construction

D. Current Primary Responsibility

(Provide attachment if additional space required.)


Person who will be in direct charge of work if your company is awarded this Contract:

ITEM Person in Direct Charge

A. Name

B. Position

C. Years in Position

D. Largest Project Supervised -$

E. Largest number of employees ever supervised

ADDITIONAL REMARKS

List the question each additional remark relates to. If more space needed, attach additional sheet(s) and check the following:

Additional pages are attached to this Bidder Responsibility Form:

CSC12/11/12MWM

*SAMPLE* Do Not Sign * CONSULTANT SERVICES CONTRACT

Architectural, Engineering, Land Surveying & Related Services

Contract No ______________

This Contract is made and entered into by and between:

Beaverton School District

16550 SW Merlo Road

Beaverton, Oregon 97003

Attn: Michael Mathews, Capital Program Purchasing Manager

SCOPE OF WORK:

SUPERSEDING EFFECT.

There are no covenants, promises, agreements, conditions or understandings between the Parties, either oral or written, other than those

contained in this Contract. This document and all attachments hereto together constitute the entire agreement between the Parties (listed in

order of precedence): 1) Exhibit A Terms and Conditions and 2) District Solicitation for this project (incorporated by reference) 3)

Provider Response.

CONSIDERATION: The District agrees to pay the Provider for Work performed in a satisfactory manner a total not to exceed $ .

The Provider must submit one invoice at the completion of the Work or must submit an invoice for Work performed at the specific

intervals agreed upon by the District (monthly, quarterly, or annually). Invoice(s) shall be submitted Attn: Accounts Payable to the District

address in the upper left above. All invoice(s) and correspondence shall include the Contract number.

CONTRACT PERIOD.

The contract period shall be upon District acceptance: Date of Full Contract Execution COMPLETION DATE:

PROJECT MANAGER.

The District Representative for this contract is:

THE PROVIDER CERTIFIES THAT THE FOLLOWING STATEMENTS ARE TRUE AND CORRECT:

1. Provider has filed federal and state income tax returns in the name of the business as part of the personal income tax return for

labor/services provided as an Independent Contractor for the previous year, or will be filing this year.

2. Provider has a place of business, business telephone, and provides similar services to more than two different clients within a one year

period.

3. Provider has the authority to hire and fire employees to assist in the services contracted.

4. Provider assumes financial responsibility for defective workmanship.

5. Provider has not been an employee of the District within the last eighteen (18) months.

6. Provider has appropriate insurance as required by the Contract General Terms and Conditions.

In consideration of the mutual covenants, stipulations and agreements, the Parties hereto do Contract and acknowledge that they have read

and understand this Contract and agree to be bound by its terms and conditions:

Beaverton School District

________________________________________________

District Representative Date

________________________________________________

Department Administrator Date

________________________________________________

Business Services Date

Not a valid Contract until all signatories are complete

________________________________________________ (typed or printed name of officer)

________________________________________________ Signature

Title: ____________________________________________

Phone/Fax: ________________________________________

Date: ____________________________________________

________________________________________________ Employer Id Number or Social Security Number

This contract is pursuant to Oregon Revised Statutes (ORS 279 A, B and C) and Beaverton School District Public Contracting Rules.

EXHIBIT A – Terms and Conditions –Consultant Services Contract

CSC12/11/12MWM

1. ASSIGNMENT. The Consultant may not assign, sell,

dispose of, or transfer rights or subcontract Work under the

Contract, either in whole or in part, without the District's prior

written consent.

2. AUTHORITY. The Consultant represents and warrants

that it has the power and authority to enter into and perform the

Contract and that the signer of this Contract has the authority to bind

and obligate the Consultant.

3. CHANGES. The terms and conditions contained in this

Contract may not be added to, modified, superseded or otherwise

altered except by a written modification signed by an authorized

representative of the District and Consultant.

4. COMPLIANCE WITH LAWS. If the Consultant fails

to comply the District shall have the right to terminate this Contract.

a. Consultant shall comply with all federal, state and local

laws, regulations, executive orders and ordinances as

applicable. All laws, regulations and executive orders

applicable to the Contract are incorporated by reference

where so required by law.

b. Consultant expressly agrees to comply with: (i) Title VI

and VII of Civil Rights Act of 1964, as amended; (ii)

Sections 503 and 504 of the Rehabilitation Act of 1973, as

amended; (iii) the Americans with Disabilities Act of

1990, as amended, and ORS 659.425; (iv) Executive

Order 11246, as amended; (v) The Age Discrimination in

Employment Act of 1967, as amended, and the Age

Discrimination Act of 1975, as amended; (vi) The

Vietnam Era Veterans’ Readjustment Assistance Act of

1974, as amended; (vii) ORS Chapter 659, as amended;

(viii) all regulations administrative rules established

pursuant to the foregoing laws; (ix) all other applicable

requirements of federal and state civil rights and

rehabilitation statutes, rules and regulations; and (x) all

federal and state laws governing the handling, processing,

packaging, storage, labeling, and delivery of food

products, if applicable.

c. Consultant shall comply with the provisions of ORS

279B.020 – Maximum hours of labor.

d. Consultant, its sub Consultants, and all employers

providing work, labor or materials under this Contract are

subject to the Oregon workers' compensation law and

shall comply with ORS 656.017, which requires them to

provide Oregon workers' compensation coverage that

satisfies Oregon law for all their subject workers.

Consultant shall be responsible for all federal or state

taxes applicable to compensation or payments paid to

Consultant under this Contract. Consultant certifies that

(i) it is not an employee of the District; (ii) if Consultant is

currently performing work for the District or the federal

government, Consultant's work to be performed under this

Contract creates no potential or actual conflict of interest

as defined by ORS 244; and (iii) if this payment is to be

charged against federal funds, it is not currently employed

by the federal government.

e. Consultant must certify compliance with the Oregon tax

laws in accordance with ORS 305.385.

5. CONFIDENTIAL INFORMATION: Consultant

acknowledges that it or its employees, sub-consultants, sub

Consultants or agents may, in the course of performing their

responsibilities under this Contract, be exposed to or acquire

information that is the confidential information of District or

District’s clients. Any and all information provided by District and

marked confidential, or identified as confidential in a separate

writing, that becomes available to Consultant or its employees, sub-

consultants, sub Consultants or agents in the performance of this

Contract shall be deemed to be confidential information of District

(“Confidential Information”). Any reports or other documents or

items, including software, that result from Consultant’s use of the

Confidential Information and any Work Product that District

designates as confidential are deemed Confidential Information.

Confidential Information shall be deemed not to include information

that: (a) is or becomes (other than by disclosure by Consultant)

publicly known; (b) is furnished by District to others without

restrictions similar to those imposed by this Contract; (c) is

rightfully in Consultant’s possession without the obligation of

nondisclosure prior to the time of its disclosure under this Contract;

(d) is obtained from a source other than the District without the

obligation of confidentiality; (e) is disclosed with the written

consent of the District; or (f) is independently developed by

employees or agents of Consultant who can be shown to have had

no access to the Confidential Information.

a. NON-DISCLOSURE. Consultant agrees to hold

Confidential Information in strict confidence, using at

least the same degree of care that Consultant uses in

maintaining the confidentiality of its own confidential

information, and not to copy, reproduce, sell, assign,

license, market, transfer or otherwise dispose of, give, or

disclose Confidential Information to third parties or use

Confidential Information for any purposes whatsoever

other than the provision of Services to the District under

this Contract, and to advise each of its employees, sub

consultants, sub Consultants and agents of their

obligations to keep Confidential Information confidential.

Consultant shall use its best efforts to assist the District in

identifying and preventing any unauthorized use or

disclosure of any Confidential Information. Without

limiting the generality of the foregoing, Consultant shall

advise the District immediately in the event Consultant

learns or has reason to believe that any person who has

had access to Confidential Information has violated or

intends to violate the terms of this Contract and

Consultant will at its expense cooperate with the District

in seeking injunctive or other equitable relief in the name

of the District or Consultant against any such person.

Consultant agrees that, except as directed by the District,

Consultant will not at any time during or after the term of

this Contract disclose, directly or indirectly, any

Confidential Information to any person, except in

accordance with this Contract, and that upon termination

of this Contract or at the District’s request, Consultant will

turn over to the District all documents, papers, and other

matter in Consultant's possession that embody

Confidential Information.

b. INJUNCTIVE RELIEF. Consultant acknowledges that

breach of this Section, including disclosure of any

Confidential Information, will give rise to irreparable

injury to the District that is inadequately compensable in

damages. Accordingly, the District may seek and obtain

injunctive relief against the breach or threatened breach of


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this Section, in addition to any other legal remedies that

may be available. Consultant acknowledges and agrees

that the covenants contained herein are necessary for the

protection of the legitimate business interests of the

District and are reasonable in scope and content.

6. CONTINUING OBLIGATION. Notwithstanding the

expiration date of this Contract, the Consultant is obligated to fulfill

its responsibilities until warranty, guarantee, maintenance, and parts

availability requirements have completely expired.

7. DELAYS IN DELIVERY. Neither the District nor

Consultant shall be held responsible for delay or default caused by

fire, riot, acts of God, terrorism, war or any other cause which is

beyond the party’s reasonable control.

8. DRUG STATEMENT. The use of drugs, alcohol,

or any tobacco products is prohibited on all District property.

9. FERPA. a. Consultant is hereinafter considered to be “other

school officials” within the meaning of FERPA. A

school official is a person or company with whom

the District has contracted to perform a special task

and who has a legitimate educational interest in the

records they have access to.

b. Consultant agrees to comply with both FERPA and

corresponding Oregon law respecting student

education records. Personally identifiable

information obtained from the District by the

Consultant in the performance of their services: (i)

will not be disclosed to third parties, except as

expressly provided for in FERPA §§99.31, without

signed and dated written consent of the student, or if

the student is under eighteen (18) years of age,

signed and written consent of the student’s

parents/guardians and (ii) will be used only to fulfill

the Consultant’s responsibilities under this

Agreement.

10. FOREIGN CONSULTANT. If Consultant is not

domiciled in or registered to do business in the State of Oregon as of

the Effective Date, Consultant shall promptly provide to the Oregon

Department of Revenue and the Secretary of State’s Corporation

Division all information required by those agencies relative to this

Contract. Consultant shall demonstrate its legal capacity to perform

the Services under this Contract in the State of Oregon prior to

executing this Contract.

11. GOVERNING LAW/VENUE. The laws of the State of

Oregon shall govern this contract. Any action or suit commenced in

connection with this contract shall be in the Circuit Court of

Washington District or the Federal District Court for Oregon. The

prevailing party shall be entitled to reasonable attorney fees and

costs as awarded by the Court, including any appeal. All rights and

remedies of District and Consultant shall be cumulative and may be

exercised successively or concurrently.

12. IDENTIFICATION OF EMPLOYEES. Consultant

shall ensure that its employees have identifying uniforms or other

designation of identity (ID badge, hat, coat with Consultant

logo/name) while on District property.

13. INDEMNITY.

a. Claims for other than professional liability. Consultant

shall indemnify, defend, save, and hold harmless the

District and its Board members, administrators, teachers,

employees and agents, from and against all claims, suits,

actions, losses, damages, liabilities, costs and expenses of

whatsoever nature resulting from or arising out of the acts

or omissions of Consultant or its sub-consultants, sub

Consultants, agents, or employees under this contract.

b. Claims for professional liability. Consultant shall

indemnify, defend, save, and hold harmless the District

and its Board members, administrators, teachers,

employees and agents, from and against all claims, suits,

actions, losses, damages, liabilities, costs and expenses of

whatsoever nature arising out of the Professionally

negligent acts, errors or omissions of consultant or its sub-

consultants, sub Consultants, agents, or employees in the

performance of professional services under this Contract.

c. Owner Defense Requirements. Notwithstanding the

obligations under Sections 11 a. and 11 b., neither

Consultant nor any attorney engaged by Consultant shall

defend any claim in the name of the District, nor purport

to act as legal representative of the District, without the

prior written consent of the District General Counsel.

Owner may, at any time and at its election, assume its

own defense and settlement of any claims in the event

that: it determines that Consultant is prohibited from

defending the District; Consultant is not adequately

defending the District's interests; an important

governmental principle is at issue; or it is in the best

interests of the District to do so. The District reserves all

rights to pursue any claims it may have against Consultant

if the District elects to assume its own defense.

14. INSPECTION AND ACCEPTANCE. The quality of

Work shall be subject to inspection by the District. Should it be

found that the quality of the Work is not satisfactory, and that the

requirements of the specifications are not being met, the District

shall insist on compliance and will provide the Consultant with a

‘cure date’. If the Consultant does not comply the District may

terminate the contract after providing 30 days written notice.

Within a reasonable time, all goods delivered are subject to final

inspection and acceptance after delivery or completion at the

District's facility. If any goods or services are defective in material

or workmanship or otherwise not in conformity with the

requirements of this Contract or specifications, the District shall

have the right to require correction or replacement at no additional

cost to the District.

15. INSURANCE Before commencing work, Consultant

shall procure and maintain:

a. WORKER'S COMPENSATION as required by law.

b. EMPLOYER'S LIABILITY in the minimum amount of

$500,000 when the Consultant has employees performing

services under the contract.

c. COMPREHENSIVE AUTOMOBILE LIABILITY

including owned, non-owned and hired vehicles:

$1,000,000 Combined Single Limit Bodily Injury and

Property Damage any one occurrence and a minimum of

$2,000,000 in the aggregate. The District shall be named


CSC12/11/12MWM

additional insured on auto and liability policies and shall

be provided a copy of the additional insured endorsement.

May be waived if Consultant has no vehicle while

providing work under the contract.

d. COMPREHENSIVE GENERAL LIABILITY to include

premises operations, independent Consultants,

products/completed operations, and blanket contractual:

$1,000,000 Combined Single Limit Bodily Injury,

Property Damage, and personal injury any one occurrence

and $2,000,000 in the aggregate. May be waived only by

the District Risk Manager.

e. PROFESSIONAL LIABILITY. Consultant shall maintain

in force during the duration of this agreement (and, if it is

a claims made policy, for a year following completion of

the project) a professional liability policy, in the minimum

amount of $1,000,000.

f. “TAIL” COVERAGE. If any of the required liability

insurance is on “claims made” basis,” tail” coverage will

be required at the completion of this contract for duration

of 24 months, or the maximum time period reasonably

available in the marketplace. Consultant shall furnish

certification of “tail” coverage as described or continuous

“claims made” liability coverage for 24 months following

Contract completion. Continuous “claims made”

coverage will be acceptable in lieu of “tail” coverage

provided its retroactive date is on or before the effective

date of this Contract. If Continuous “claims made”

coverage is used, Consultant shall be required to keep the

coverage in effect for duration of not less than 24 months

from the end of the Contract. This will be a condition of

the final acceptance of work or services.

g. The District, its employees, officials and agents shall be

named as an Additional Insured on general liability and

auto and be provided a copy of the additional insured

endorsement. Such insurance shall be primary.

Certificates of Insurance shall be issued, prior to the

commencement of the contract, to Beaverton School

District, Attn: Purchasing Department, 16550 SW Merlo

Rd, Beaverton, OR 97006. The Consultant agrees to pay

for the insurance specified and agrees to provide the

District with a 30 days notice of cancellation if non-

renewal occurs during the contract period. Insurance

companies must have an A rating.

h. The District reserves the right to require additional

insurance coverage, limits, and terms which will be

delineated in an attachment to this agreement.

i. This insurance shall be considered as primary insurance

and exclusive of any insurance carried by Beaverton

School District, and the insurance evidenced by the

required certificates shall be exhausted first,

notwithstanding the fact that Beaverton School District

may have other valid and collectible insurance covering

the same risk.

16. INVOICING AND PAYMENT. Consultant shall issue

invoice(s) for each Work segment as mutually agreed upon or

progress payment(s) as acceptable to the District. Payment shall not

be made prior to receipt of a valid invoice. Credit and discount

periods will be computed from the date of receipt of the invoice to

the date the District’s check is mailed. Payment will be made within

thirty (30) days after the acceptance of a proper invoice. Final

payment shall be made upon completion and acceptance of the

Work. The District will not pay any additional charges unless

specifically agreed to in writing by the District. The invoice(s) shall

be submitted to Beaverton School District, Accounts Payable

Department, 16550 SW Merlo Road, Beaverton, OR 97003. Each

invoice must include the project work authorization number,

purchase order number or contract number, an itemized list of the

pricing elements that match the Pricing Schedule and/or the quote

provided for the individual project (if applicable), the project

name/number and the District Contract Manager’s name.

17. MANUFACTURES WARRANTIES. Manufactures

warranties received by the Consultant which are applicable to any

material equipment, parts, property and services furnished by the

Consultant under this Contract shall survive acceptance and

payment, and shall run to the District, its successors and assigns,

and shall not be deemed to be exclusive.

18. PERFORMANCE STANDARD. All services

performed in connection with this Agreement shall be performed in

a manner consistent with the standard of care applicable to those

who specialize in providing such services for projects of the type,

scope and complexity of the Project. Consultant covenants and

warrants that it shall be responsible for performing and completing,

and for causing any Sub Consultants to perform and complete the

Work in accordance with all Laws applicable to the Site and/or the

Work. The Consultant shall, at all times during the term of this

Contract, be qualified, professionally competent, and duly licensed

to perform the Work.

19. PERMITS AND RESPONSIBILITIES. Without

additional expense to the District, the Consultant shall be

responsible for maintaining any necessary licenses and permits to

conduct business.

20. PRICES. All pricing is considered fixed and firm for the

Contract term. The Consultant warrants that the price of the Goods

and Services covered by this Contract are not in excess of the

Consultant's lowest prices in effect on the date of this Contract for

comparable quantities of similar Goods or Services.

21. PUBLIC CONTRACTS. This contract includes the

following terms and conditions as prescribed by Oregon Revised

Statutes as applicable:

a. 279B.020 Conditions concerning maximum hours of labor

on public contracts.

b. 279B.220 Conditions concerning payment, contributions,

liens, withholding.

c. 279B.225 Condition concerning salvaging, recycling,

composting or mulching yard waste material.

d. 279B.230 Condition concerning payment for medical care

and providing workers' compensation.

e. 279B.235 Condition concerning hours of labor.

22. PUBLICITY. Consultant agrees that news releases and

other publicity relating to the subject of this Contract will be made

only with the prior written consent of the District.

23. SECURITY. Consultant shall comply with all virus

protection, access control, back-up, password, and other security

and other information technology policies of the District when

using, having access to, or creating systems for any of the District’s

computers, data, systems, personnel, or other information resources.


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24. SECURITY CHECK: The Consultant agrees that each

of its employees, sub Consultants' employees and principals /

owners involved in the Work may, at the option of the District, be

subject to a security check, at any time, through the Beaverton

Police Department or other venue. The District retains the option to

require the immediate removal of any sub Consultant, employee or

agent. Notwithstanding the foregoing, Consultant, and not the

District, remains solely responsible for performing background

checks on, and screening for public safety all sub Consultants and

employees, and, to the extent allowed by law, shall provide such

screening methodologies and information to District upon request.

25. SEVERABILITY. If any provision of this Contract is

declared by a court of competent jurisdiction to be illegal or in

conflict with any law, the validity of the remaining terms and

provisions shall be construed and enforced as if the Contract did not

contain the particular provision held to be invalid.

26. TAXES. The District is exempt from Federal, State, and

Local taxes.

27. TERMINATION.

a. Terminate For Convenience. This Contract may be

terminated at any time by mutual written consent of the

parties, or the District may, at its sole discretion, terminate

this Contract, in whole or in part, upon 30 days notice to

Consultant.

b. The District's Right to Terminate For Cause. The District

may terminate this Contract, in whole or in part,

immediately upon notice to Consultant, or at such later

date as the District may establish in such notice, upon the

occurrence of any of the following events:

i. The District fails to receive funding, or

appropriations, limitations or other expenditure

authority at levels sufficient to pay for Consultant's

Work;

ii. Federal or state laws, regulations or guidelines are

modified or interpreted in such a way that either the

Work under this Contract is prohibited or the District

is prohibited from paying for such Work from the

planned funding source;

iii. Consultant no longer holds any license or certificate

that is required to perform the Work; or

iv. Consultant commits any material breach or default

of any covenant, warranty, obligation or agreement

under this Contract, fails to perform the Work under

this Contract within the time specified herein or any

extension thereof, or so fails to pursue the Work as to

endanger Consultant's performance under this

Contract in accordance with its terms, and such

breach, default or failure is not cured within 10

business days after delivery of the District's notice, or

such longer period as the District may specify in such

notice.

c. Consultant's Right to Terminate for Cause. Consultant

may terminate this Contract upon 30 days' notice to the

District if the District fails to pay Consultant pursuant to

the terms of this Contract and the District fails to cure

within 30 business days after receipt of Consultant's

notice.

d. Enforcement. Termination under any provision of this

Contract shall not extinguish or prejudice the District's

right to enforce this Contract with respect to any breach of

a Consultant warranty or any defect in or default of

Consultant's performance that has not been cured,

including any right of the District to indemnification by

Consultant. If this Contract is so terminated, Consultant

shall be paid in accordance with the terms of the contract

for services rendered and accepted.

e. Remedies. In the event of termination pursuant to above,

Consultant's sole remedy shall be a claim for the sum

designated for accomplishing the Work multiplied by the

percentage of Work completed and accepted by the

District, less previous amounts paid. If previous amounts

paid to Consultant exceed the amount due to Consultant

under this subsection, Consultant shall pay any excess to

the District upon demand.

f. Consultant's Tender Upon Termination. Upon receiving a

notice of termination of this Contract, Consultant shall

immediately cease all activities under this Contract, unless

the District expressly directs otherwise in such notice of

termination. Upon termination of this Contract, Consultant

shall deliver to the District all documents, information,

works-in-progress and other property that are or would be

deliverables had the Contract been completed. Upon the

District's request, Consultant shall surrender to anyone the

District designates, all documents, research or objects or

other tangible things needed to complete the Work.

g. Limitation of Liabilities. Neither party shall be liable for

(i) any indirect, incidental, consequential or special

damages under the contract or (ii) any damages of any sort

arising solely from the termination of this contract in

accordance with its terms.

28. TRANSPORTATION. The Consultant is responsible for

transportation of its employees to and from the Work site.

29. WAIVER. No failure of either party to exercise any

power given to it hereunder or to insist upon strict compliance by

the other party with its obligations hereunder, and not custom or

practice of the parties at variance with the terms hereof, nor any

payment under this agreement shall constitute a waiver of either

party’s right to demand exact compliance with the terms hereof.

END

EXHIBIT B – Consultant Email Response –Consultant Services Contract

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BEAVERTON SCHOOL DISTRICT "HR1'.'E • CL)",TRIEUTE • EXCEL.

Independent Contractor Determination Worksheet

Sole Proprietors, Partnerships & Professional Corporations

Provider: Please complete this form along with a

W9 if Self-Employed a Partnership or Professional

Corporation to determine whether or not the

District can consider contracting with the Provider

as an Independent Contractor or if the Provider

should be hired as casual labor.

Fax this completed Form and a

completed W9 to 503-591-4139

Indicators of Independent Contractor Status Yes No

1 Is the Provider employed by another PERS employer OR has been an employee of Beaverton School District within the last 18

months (i.e. paid any money by our payroll department)?

Go to

#2

Go to

#3

2 Is the Provider doing the same work for this project that the Provider did when employed by Beaverton School District? Go to

#4 Go to

#3

3 Does the Provider meet the legal definition of an Independent Contractor (ORS 670.600) as evidenced by the ability to certify

to a majority of the statements below? Read the statements below: Check Yes or No as each applies to the Provider. There is no established set point as to whether

the number of yes's or no's constitutes an Independent Contractor or Casual Labor - the District will make the final decision.

Note: The District will notify the Provider if it is determined that the Provider should be hired as casual labor

Go to

#5 Go to

#4

3a Provider, in the provision of the services: Yes No

Is free from direction and control over the means and manner of providing the services 1— [—

Is customarily engaged in an independently established business [— 1—

Is licensed under ORS Chapter 671 or 701 as required, and/or is responsible for obtaining and other licenses or certificates f 1---

Pays his/her own business travel expenses 1 1-

3b Provider, in the independence of the service work shall:

Maintain a separate business location from the the District, which could be a home office 1— 1—

Bear the risk of business loss in providing the services, as shown by factors such as: a) enters into fixed-price contract;

b) required to correct defective work; c) provides warranty and/or insurances such as indemnification, liability,

performance bonds or errors and omissions insurance

1— 1—

Determine how the desired results will be achieved I— 1—

Provide services or do similar work for other Agencies/public within a 12 month period, or routinely engages in business

advertising, solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services 1— 1—

Retain significant control over the means and methods of performing work, including hiring and firing its employees 1— 1-

3c Provider has a substantial investment in his/her chosen trade or business such as:

Furnish his/her own tools 1— [—

Independently maintain business registrations, professional or occupational licenses (or both) 1— 1—

File Federal and State income tax returns in the name of his/her business 1— 1-

4 The Provider must be hired as casual labor. The District Human Resources Department will contact the Provider.

5 The Provider may be hired as an Independent Contractor. Fax this Form and a completed W9 Form to 503-591-4139.

Please call 503-591-4379 with questions.

Pursuant to District Board Policy GCDA/GDDA; when the Provider has direct, Legal Name: B rthdate:

unsupervised contact with students, shall undergo a nationwide criminal records

check and fingerprinting. Enter the name and birth date of Owner or Principal:

Also: Attach a list of all employees and birth dates who will have direct,

unsupervised contact with students.

Provider: Please indicate the District School or Department

that is contracting with you:

School District Use Only:

Date: r Provider Name/ r

Business Name:

Phone Number:

Fax Number:

School or

Department:

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Attachment A

SPRINGVILLE K-8 SCHOOL 2010 Aerial Photo

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Attachment B

SPRINGVILLE K-8 SCHOOL

6655 NW Joss Avenue

Cost Center: 124 Portland, OR 97229

Principal: Cheryl Ames Office: 503.533.1925

Secretary: Teresa Spang Fax: 503.591.4415

Head Custodian: Todd Rainwater

Facility Information

Building Area: 87,206 sq ft

Site: 10.02 Acres Permanent Capacity:

836 students

Tax Map & Lot Number: 0 portables, 0 classrooms:

0 students

1N1180000800 Total Available Capacity:

836 students

Approximate Elevation: 279'

CONSTRUCTION Concrete block and metal siding veneer over two-story steel structure. Tremco cold applied roofing. Fully sprinkled and fire detection. Tile and carpet floors over concrete slab on grade and metal deck. VCT in gymnasium and multi-purpose room. Steel stud and drywall interior wall surfaces. Acoustical tile ceilings. Building ADA accessible.

HEATING/VENTILATING Central heating plant with two condensing hot water boilers. Package rooftop air handlers have natural gas fired burners and DX cooling. DDC controls by Control Contractors Inc. Classrooms and offices conditioned by VAV system with hot water reheat. Library and cafeteria conditioned with constant volume air handlers. Kitchen, multi-purpose and gym are heat only systems.

GROUNDS Two storm water quality swale adjacent to each end of play field additional one adjacent to building designed as an outdoor learning facility. Separate kindergarten & primary play areas. Site fenced on three sides. Playfields are located on south side of property. Bus and parent pick-up/drop-off areas located on opposite sides of the building. Parking for disabled provided.

HISTORICAL SITE NOTES 2009 School opens with grades K-5.

Updated: 10/8/2013

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Attachment C