1-Request for Proposals for HVAC Maintenance Repair Services.pdf

REQUEST FOR PROPOSALS –

HVAC MAINTENANCE AND REPAIR SERVICES

ISSUE DATE

August 27, 2026

PROPOSAL DUE DATE

September 17, 2026 2:00 p.m. PDT

City of Milwaukie – RFP for HVAC Maintenance and Repair Services

TABLE OF CONTENTS

SECTION 1: ANNOUNCEMENT 3

SECTION 2: GENERAL INFORMATION 3

SECTION 3: SCOPE OF WORK 7

SECTION 4: PROPOSER AND PROPOSAL REQUIREMENTS 10

SECTION 5: EVALUATION AND SELECTION 11

SECTION 6: CONTRACT REQUIREMENTS 13

ATTACHMENT A: SAMPLE CONTRACT 14

SECTION 1: ANNOUNCEMENT

The City of Milwaukie (City) is seeking competitive proposals from qualified and experienced contractors for heating, ventilation, and air condition (HVAC) maintenance and repair services on an as-needed basis. Proposers should possess strong qualities in communication, timeliness and competency. The work includes providing all labor, materials, machinery, tools, equipment and other means necessary for the completion of the work. City intends to award up to two (2) contracts for a duration of up to six (6) years.

A complete description of services is provided under Section 3 of this document.

City utilizes Euna Procurement Bonfire for its electronic procurement system (Procurement Portal). To access the solicitation documents, be added to the distribution list for this solicitation’s automatic notices, and to submit proposals electronically, please visit https://milwaukieoregon.bonfirehub.com/. To assist with registration, submission of responses, or for technical support, access Bonfire’s online knowledge base or contact the Bonfire support team at support@gobonfire.com.

This project is subject to the state prevailing wage rates under ORS 279C.800 to 279C.870. In accordance with ORS 279C.365, the City will not consider a proposal unless it contains a statement by the proposer that they will comply with ORS 279C.838 through ORS 279C.870.

City’s expectation of any contractor it contracts with is that the contractor’s values align with the City’s values of highly ethical conduct, fiscal responsibility, respect for the City and others, and responsiveness to the City’s customers.

City is committed to ensuring equity and fairness in its contracting and purchasing process and increasing opportunities for minority-owned, women-owned, veteran-owned, and emerging small businesses enterprises. Furthermore, the City strongly encourages its contracted contractor to utilize these businesses when providing subcontracted services and materials under the awarded contract.

Proposals must be submitted electronically through the Procurement Portal. Proposals will be received until 2:00 p.m. PDT on Thursday, September 17, 2026, for the purpose of selecting one or more proposals that evidence the highest level of quality performance and technical competence in the services.

Proposals submitted after this deadline will not be accepted.

SECTION 2: GENERAL INFORMATION

2.1 City Information

Milwaukie is a community where residents, businesses, and city government work together to ensure that the community retains its character, natural beauty, and thriving engagement. City serves a population of over 20,000 and provides a rich and vibrant atmosphere and is close to the region’s business core and urban amenities. Additional information regarding other city services and programs may be found on the City’s website at https://www.milwaukieoregon.gov/.

City of Milwaukie is a full‐service municipality that operates under a council-manager form of government. The four elected councilors and the elected mayor comprise the City Council and act as representatives of the Milwaukie residents. City Council sets policies for city government, enacts ordinances and hires, directs and evaluates the city manager, city attorney, and municipal judge. In turn, the city manager is the City's chief executive officer, responsible for overall management and administration.

Various municipal services are provided by city employees and headed by the city manager. City operates and maintains its own police department, municipal court, building inspections, water, wastewater and stormwater utilities, street operations, planning and engineering services, fleet management, and public library.

https://milwaukieoregon.bonfirehub.com/portal/?tab=openOpportunities https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub/vendor-registration mailto:support@gobonfire.com https://www.milwaukieoregon.gov/

2.2 Issuance of Solicitation Documents

Request for Proposals (RFP) documents may be obtained at no cost from the Procurement Portal at https://milwaukieoregon.bonfirehub.com/. Proposers will be required to log in to access the solicitation documents, ask questions, and submit a proposal.

All questions and clarifications for this RFP must be addressed through the Procurement Portal by clicking on Messages and then the Public Q&A tab within the desired solicitation.

2.3 Schedule of Events

City anticipates the following general timeline for receiving and evaluating proposals. This schedule is subject to change if it is in the City’s best interest to do so.

• RFP release August 27, 2026

• Deadline for protests of solicitation September 3, 2026, 2:00 p.m. PDT

• Deadline for changes/clarifications/questions September 9, 2026, 2:00 p.m. PDT

• Deadline to issue addenda September 11, 2026, 2:00 p.m. PDT

• Proposals due September 17, 2026, 2:00 p.m. PDT

• Evaluations of proposals complete September 23, 2026

• Posting of notice of intent to award September 24, 2026

2.4 Changes to Solicitation by Addenda

City reserves the right to make changes to this RFP by written addenda. Addenda will be sent to all prospective proposers known to have obtained the solicitation documents at the time addenda is issued, as well as be posted publicly on the solicitation page of the Procurement Portal.

Proposers should consult the Procurement Portal regularly until the due date to ensure no addendum announcements have been missed. By submitting a proposal, each proposer agrees that it accepts all risks, and waives all claims associated with or related to its failure to obtain addendum information.

Proposer may request a change in the RFP by submitting a request through the Public Q&A tab in the Procurement Portal. The request must specify the provision of the RFP in question and contain an explanation of the requested change. All requests for changes to the RFP must be submitted to the City no later than the changes and questions deadline set forth in Subsection 2.3.

City will evaluate any request submitted but reserves the right to determine whether to accept the requested change. Changes that are accepted by the City will be issued in the form of an addendum to this RFP. All addenda will have the same binding effect as though contained in the main body of this RFP. Written or oral instructions or information concerning the scope of work given out by anyone other than the City’s Finance Department or through the Procurement Portal will not bind the City.

No addenda will be issued later than the date set in Subsection 2.3, except an addendum, if necessary, postponing the date for receipt of proposals, canceling the invitation, or modifying elements of the RFP resulting from delayed process. Each proposer is responsible for obtaining all addenda prior to submitting a proposal. Receipt of each addendum must be acknowledged in writing on the Standard Proposal Form as part of the proposal.

2.5 Cancellation

City reserves the right to cancel the contract award at any time before execution of the contract by both parties if cancellation is deemed to be in the City’s best interest. In no event will the City have any liability for the cancellation of contract award.

2.6 Late Proposals

All proposals that are not received by the submission deadline will not be accepted. The Procurement Portal will automatically block submissions at the exact time the RFP closes.

https://milwaukieoregon.bonfirehub.com/portal/?tab=openOpportunities

2.7 Disputes

In case of any doubt or differences of opinion as to the items or service to be furnished hereunder, or the interpretation of the provisions of this RFP, the decision of the City will be final and binding upon all parties.

2.8 Interpretation of RFP Documents

Proposer will promptly notify the City of any ambiguity, inconsistency or error, which they may discover upon examination of the solicitation documents, plans, or specifications. Proposers requiring clarification or interpretation of the solicitation documents may submit a written request through the Procurement Portal. Such notification must also be made in sufficient time for the City to make any necessary modifications and issue addenda to proposers prior to submission deadline.

City will make interpretations, corrections, or changes to the solicitation documents by published addenda in accordance with Subsection 2.4. Interpretations, corrections, or changes to the proposal documents made in any other manner will not be binding, and proposer will not rely upon such interpretations, corrections and changes.

2.9 Competition

Proposers are encouraged to comment, in writing, on any specification or requirement within this RFP which the proposer believes will inordinately limit competition.

All complaints or perceived inequities related to this RFP must be submitted to Procurement@milwaukieoregon.gov. Such submittals will be reviewed upon receipt.

2.10 Cost of RFP and Associated Responses

City is not liable for any costs incurred by a proposer in the preparation and/or presentation of a proposal.

City is not liable for any cost incurred by the proposer in protesting the City’s selection decision.

2.11 Requests for Clarification, Additional Research, and Revisions City reserves the right to obtain clarification of any point in a proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a proposer to respond to such a request for additional information or clarification may result in a finding that the proposer is non-responsive and consequent rejection of the proposal.

City may obtain information from any legal source for clarification of any proposal or for information of any proposer. City need not inform the proposer of any intent to perform additional research in this respect or of any information thereby received.

City may perform, at its sole option, investigations of the responsible proposer. Information may include, but will not necessarily be limited to, current litigation and contracting references. All such documents, if requested by the City, become part of the public records and may be disclosed accordingly.

City reserves the right to request revisions of proposals after the submission of proposals and before award for the purpose of obtaining best offers or best and final offers.

2.12 Solicitation Protest Procedures

Any and all complaints regarding this solicitation must be presented by the solicitation protest deadline, as identified in Section 2.3. City will address all timely submitted protests within a reasonable time following the City’s receipt of the protest and will issue a written decision to the protesting proposer.

Protests must include “Reference #: RFP-2026-064 - Solicitation Protest” in the email subject line and be sent to Procurement@milwaukieoregon.gov.

mailto:Procurement@milwaukieoregon.gov mailto:Procurement@milwaukieoregon.gov

Protests must include:

A. The identity of the proposer;

B. A clear reference to this RFP;

C. Reason for the protest;

D. Proposed changes to the RFP provisions and/or statement of work; and E. All required information as described in Oregon Revised Statutes (ORS) 279B.405(4).

Protests that do not include the required information will not be considered.

2.13 Rejection of Proposals

City reserves the right to reject any or all proposals received as a result of this RFP. Proposals may be rejected for one or more of the following reasons, including but not limited to:

A. Failure of proposer to adhere to one or more of the provisions established in this RFP.

B. Failure of proposer to submit a proposal in the format specified.

C. Failure of proposer to submit a proposal within the time requirements.

D. Failure of proposer to adhere to ethical and professional standards before, during, or following the procurement process.

City may reject any proposal not in compliance with all prescribed public procurement procedures and requirements, and may reject for good cause any or all proposals upon findings by the City that it is in the public interest to do so.

2.14 Modification or Withdrawal of Proposal

Proposals submitted early may be modified or withdrawn prior to the submission deadline by retrieving it through the Procurement Portal. Modified or withdrawn proposals may be resubmitted up to the submission deadline, provided that they are fully in conformance with these RFP requirements. Any proposal withdrawn and resubmitted will supersede the original proposal submitted.

A proposal may not be modified, withdrawn, or canceled by the proposer for 60 calendar days following the submission deadline.

2.15 Proposal Ownership

All proposals submitted become and remain the property of the City, and as such, are considered public information and subject to public disclosure within the context of the federal Freedom of Information Act and ORS 192.345 and 192.355.

All information submitted by proposers will be public record and subject to disclosure pursuant to the Oregon Public Records Act, except such portions of the proposals for which proposer requests exception from disclosure consistent with Oregon Law. All requests must be in writing, noting specifically which portion of the proposal the proposer requests exception from disclosure. Proposer will not copyright, or cause to be copyrighted, any portion of any said document submitted to the City as a result of this RFP.

Proposer should not mark the entire proposal document “confidential.”

Unless certain pages or specific information are specifically marked “proprietary” and qualify within the context of the regulations stated in the preceding paragraphs, the City will make available to any person requesting information through the process for disclosure of public records, any and all information submitted as a result of this RFP without obtaining permission from any proposer only after the notice of intent to award the contract has been issued.

2.16 Duration of Proposal

Proposal prices, terms and conditions will be firm offer for a period of at least 60 days from the proposal due date. The successful proposal will not be subject to price escalation or changes of terms if accepted by the City during the 60-day period. Price decreases or changes in terms by others after the acceptance of a proposal will not be considered.

2.17 Affirmative Action/Nondiscrimination

By submitting a proposal, the proposer agrees to comply with the Fair Labor Standard Act, Civil Rights Act of 1964, Executive order 11246, Fair Employment Practices, Equal Employment Opportunity Act, Americans with Disabilities Act, and Oregon Revised Statutes. Additionally, the proposer specifically certifies, under penalty of perjury, that the proposer has not discriminated against minority-owned, women-owned, veteran-owned businesses or emerging small business enterprises in obtaining any required subcontracts.

SECTION 3: SCOPE OF WORK

3.1 Term of Service

The initial term of the awarded contract(s) will be for a period of five (5) years, commencing on the date of execution, and the contract(s) may be renewed for up to one (1) additional year upon mutual written agreement of the parties.

3.2 Scope of Work

A. Service Objective

City intends to award up to two (2) contracts for as-needed HVAC services. If the City decides to award two contracts, then the highest-ranking contractor will be the City’s primary contractor for the HVAC services listed below; while the second highest-ranking contractor will be the City’s secondary contractor for all the same services but acting in a backup role due to the City’s availability, project negotiation, or other factors with the primary contractor.

Proposers understand that there is no guarantee of any particular dollar value of work under the awarded contract(s) given the as-needed nature. Also, the City retains the sole right to procure HVAC services and equipment through a separate procurement process on any individual project or task if determined to be in the City’s best interest.

B. Services to be Provided

The selected contractor(s) will provide licensed HVAC maintenance and repair services at City buildings and other small structures on an as-needed basis. The general services to be provided include, but are not limited to:

• Perform preventive maintenance, corrective repairs, emergency response, equipment and controls troubleshooting, and system commissioning for heating, ventilation, air conditioning, refrigeration, and building automation systems.

• Service HVAC equipment including, but not limited to, air handlers, rooftop units, split systems, heat pumps, boilers, chillers, exhaust and supply fans, variable air volume boxes, pumps, unit heaters, mini-splits, economizers, dampers, and associated components.

• Inspect, test, calibrate, repair, and replace HVAC controls, sensors, actuators, thermostats, variable frequency drives, and building automation system components.

• Furnish all labor, machinery, tools, supplies, equipment, materials, and onsite personal protective equipment necessary to perform the requested work, including but not limited to replacement parts and equipment, motors, filters, belts, bearings, coils, compressors, valves, control devices, and other HVAC components.

• Provide system performance evaluations and recommend repairs, energy-efficiency improvements, equipment replacements, and operational adjustments.

• Respond to routine, urgent, and emergency service requests at City facilities within the response times established.

• Perform all work in accordance with applicable codes, manufacturer recommendations, industry standards, and City requirements while maintaining safe and uninterrupted operation of occupied facilities.

• Scheduled maintenance activities and minor repairs will not require a permit. Contractor will be responsible for filing the necessary permit application for non-emergency major component replacement with the City’s Building Department. Additionally, contractor will be responsible for scheduling, attending, and completing all necessary inspections to satisfy the permit requirements.

• Provide 24/7 live dispatch service or 24/7 cellular number for a licensed and qualified “on-duty” technician for contact by City staff.

• Service response times vary depending upon category of service:

o Non-emergency service response must be acknowledged within one (1) hour of the City’s service request and arrive on-site within twenty-four (24) hours of the service request.

o Emergency service response must be within four (4) hours of receiving the City’s service request. Three (3) violations in a 12-month period may result in termination of the contract at the discretion of the City.

• Scope, quote and execute larger improvement projects and equipment replacement as-needed or as listed the City’s adopted 2027-2032 Capital Improvement Plan (CIP) or in a future CIP. Task orders will be executed by both parties for all improvement projects over $10,000.

C. Work Assumptions

• Regular work hours are Monday through Friday, 7:00 a.m. to 5:00 p.m. All other days and times are considered after hours.

• All work must comply with ordinances for noise control per Milwaukie Municipal Code (MMC) Chapter 8.08.

• Daily and upon completion of work, any waste materials, debris, etc. caused by completing the services will be removed from project site and surrounding areas by the contractor. A neat, clean and safe worksite environment will be provided at all times.

• All equipment must be in proper working order. All replaced materials will be removed from premises by contractor unless specifically requested otherwise.

• No tools or other material related to the work will be left on the job site without supervision. It is the sole responsibility of the contractor to protect and safeguard materials and/or equipment.

City will not assume any responsibility for vandalism or theft of the contractor’s materials, products, and/or equipment. Contractor must obtain written permission from the City before storing any materials/equipment on City premises.

• Any defective workmanship and materials will be corrected by the contractor without additional cost to the City.

• Damage by contractor to any adjacent surfaces must be repaired and/or compensated by the contractor.

https://cms2.revize.com/revize/milwaukie/BN%202027-2028%20Adopted%20Budget.pdf

D. Locations City has five (5) major buildings and other small structures that may require licensed HVAC services.

The five (5) major buildings include:

• City Hall 10501 SE Main Street Milwaukie, OR 97222

• Milwaukie Ledding Library 10660 SE 21st Avenue Milwaukie, OR 97222

• Public Works Administration Building 6101 SE Johnson Creek Blvd Milwaukie, OR 97206

• Public Works Operations Building 6101 SE Johnson Creek Blvd Milwaukie, OR 97206

• Public Safety Building 3200 SE Harrison Street Milwaukie, OR 97222

3.3 Task Orders

Services performed under an awarded contract may require a written task order to be signed by both parties acknowledging the individual project or work order details on the City’s preferred template. The scope of work, schedule, deliverables, and compensation for each applicable project or work order will be defined in the task order prior to commencement of work and incorporated as part of the contract documents.

Services for troubleshooting, diagnosis, or minor repairs and maintenance that do not exceed $10,000 per project or work order will not require a task order. Services that are not urgent and/or projects that are estimated to exceed $10,000 in time and materials will require a task order. City will determine when a task order is required and advise the contractor; otherwise, Contractor may assume to proceed with work at the written request of the City.

In the event the City and contractor cannot reach a favorable agreement on a specific task order, the City will terminate negotiations and reserve the right to seek services through other means. Continual difficulties in negotiating task orders or repeated unavailability or inability to perform task order requests may result in formal termination of the contract with the City.

3.4 Prevailing Wage Rates

The work under an awarded contract is to be paid for by public funds. The contract will be subject to the state prevailing wage rates under ORS 279C.800 to 279C.870, as the total cost of work exceeds $50,000.

Unless otherwise exempt, contractor and any subcontractors must pay workers in each trade or occupation that contractor or its subcontractors or other person who is a party to the contract uses in performing all or a part of the contract not less than the applicable minimum Oregon prevailing wage rates in accordance with ORS 279C.838 and ORS 279C.840. The applicable Oregon minimum prevailing wage rates are contained in the publication Prevailing Wage Rates For Public Works Contracts in Oregon at https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx), and are incorporated herein for the duration of the awarded contract as of the date this RFP was released. All project work will take place in Clackamas County, Oregon.

By submitting a proposal, proposer certifies that in accordance with the provisions of ORS 279C.838 and 279C.840, the hourly rate of wage to be paid to workers upon contracts greater than $50,000 will not be https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx less than the prevailing wage for an hour’s work in the same trade or occupation in the locality where the labor is performed.

3.5 Public Works Bond

Contractor and every subcontractor must have a public works bond in the amount of $30,000 filed with the Oregon Construction Contractors Board before starting work on the contract, unless exempt under ORS 279C.836 (4), (7), (8) or (9).

SECTION 4: PROPOSER AND PROPOSAL REQUIREMENTS

4.1 Proposal Submittal

Proposals must be type-written with body text consisting of a 10- or 11-point font. Proposals and any attachments must be submitted electronically through the Procurement Portal. A person authorized to make such a commitment on behalf of the proposing contractor must sign the proposal. Proposals must be submitted by the deadline. Phone, facsimile, mail delivery, email delivery, and in-person proposals will not be accepted. There will be no formal opening of proposals.

4.2 Proposer Requirements

Proposing contractors must meet the following minimum requirements:

A. Must be a legal entity, currently registered to do business in the State of Oregon (per ORS 60.701);

B. Must have been in business for at least five (5) years;

C. Must be currently registered with the Oregon Construction Contractors Board (CCB) as required by ORS 701.021; and

D. Proposer shall not be listed on BOLI’s list of persons/contractors having violated prevailing wage rate laws per ORS 701.227.

4.3 Proposal Requirements

The following items are a minimum content requirement of a proposal submitted in response to this RFP:

A. Proposal

1. Qualifications.

• Describe your experience and knowledge in providing the requested services, including your experience and knowledge with servicing Trane and Carrier equipment and modular chiller systems.

• Describe your capabilities and resources, including qualifications of key staff that will likely provide these services to the City.

• Describe whether or not your technicians possess a current ClimaCool training certification (as administered by Climate Control Group University). If yes, identify the number of technicians with this certification.

• Identify the number of employees available for work and project(s).

• Describe your experience and competence with governmental and municipal agencies.

• Include a description of your company’s organizational framework, special resources, and any other information to demonstrate that you can effectively and efficiently provide the requested services.

2. References. Provide three (3) separate references of current or previous contracts with a similar scope of work to the requested services of this RFP performed by your company within the past five (5) years. Include the client’s name, project manager’s name, brief description of work performed, and an email address and phone number at which the project manager may be reached. The City of Milwaukie cannot be a reference.

B. Pricing Proposers are required to include their proposed pricing in their proposal as part of their submission. Proposers must complete the required pricing for each requested item. Pricing will apply to the initial two (2) years of the contract term; only after this period will the City consider any pricing increase. Pricing shall include profit, fringe benefits, overhead, and administrative costs for the following:

1. Cost per hour – regular work hours (Monday through Friday - 7:00 AM to 5:00 PM)

2. Cost per hour – after hours and/or weekends

3. Emergency call back charge (response within four (4) hours)

4. Percentage of materials markup

5. Percentage of equipment markup

6. Vehicle/truck charges

7. Other service or material costs (if any)

C. Standard Proposal Form

Complete and sign the form to certify representation in the submitted proposal is accurate and true. This required form is uploaded separately in the Procurement Portal. This form also indicates whether or not the proposing entity is certified with the State of Oregon’s Certification Office for Business Inclusion and Diversity.

SECTION 5: EVALUATION AND SELECTION

5.1 General

Each proposal will be judged on its completeness and quality of its content. City reserves the right to reject any and all proposals, negotiate individually with one or more proposers, or to select one or more proposers if it is determined to be in the best interest of the City. All proposals will become part of the public file, without obligation to the City. Upon completion of evaluations and interviews (if applicable), the City intends to negotiate a contract with the proposer whose proposal is deemed to be most advantageous to the City.

5.2 Evaluation Group

A panel will be comprised of at least three (3) city staff members (Evaluation Group). The role of the Evaluation Group is to evaluate all responsive proposals and select from the respondents a minimum of three (3) proposals that evidence the highest level of qualification. If interviews are scheduled for this solicitation, the top selected proposers will be invited to interview with the Evaluation Group.

Scoring of the top selected proposals will be completed covering all areas listed in Subsection 4.3. If additional information is deemed necessary as part of the evaluations, such information will be solicited to allow the Evaluation Group to complete the evaluation process.

5.3 Evaluation Criteria

In accordance with Subsection 4.3, the criteria listed below will be used to determine the apparent successful proposer. Proposals will be scored by the Evaluation Group as follows:

A. Qualifications (30 points)

B. References (30 points)

C. Pricing (30 points)

D. COBID Certification (18 points)

5.4 Ranking of Proposals

Evaluation Group will verify minimum compliance with the requirements of this RFP and evaluate all responsive proposals and score accordingly for criteria per Subsection 5.3(A-D). Scoring will be averaged based on the number of Evaluation Group members to identify the top proposers. City reserves the right to select from the highest scored proposals a minimum of three (3) proposals that exhibit the highest level of qualification and invite those proposers to interview.

After interviews are complete, the final scores from both rounds of evaluation will be combined. If interviews are not held, then final scores from the single round of evaluation will be tallied.

Proposals will be ranked based on evaluation of responses with the highest-ranked proposal being that proposer which is deemed to be the most appropriate and fully able to perform the services (and awarded the (primary) contract), and the second highest-ranked proposal being the second proposer most appropriate (and potentially being awarded the secondary contract), all in the sole judgment of the Evaluation Group. Any proposal in response to this RFP will be considered de facto permission to the City to disclose the results, when completed, to selected reviewers at the sole discretion of the City.

5.5 City’s Rights Reserved

City reserves the right to:

A. Select one or more proposers for award;

B. Waive any or all irregularities or minor informalities in a submitted proposal;

C. Award any or all parts of a proposal; and

D. Request references and other data to determine responsiveness.

5.6 Intent to Award

Upon completion of evaluations, the City will publish a notice of intent to award the contract(s) to the top proposer(s) who best meets the overall needs of the City. The notice will be published publicly through the Procurement Portal.

5.7 Protest of Award

In accordance with the City’s Public Contracting Rule 30.125(C) and ORS 279B.410, any adversely affected or aggrieved proposers has seven (7) calendar days from the date of the published notice of intent to award to file a written protest. The protest must specify the grounds upon which the protest is based.

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SECTION 6: CONTRACT REQUIREMENTS

6.1 Contract

The selected proposer(s) will be asked to sign a public works contract with the City. A sample contract is attached as part of these RFP documents. City will require specific levels of insurance, a Milwaukie (or Oregon Metro) business registration, and a federal tax identification number.

6.2 Contract Negotiations

City reserves the right to negotiate final terms of a contract as the City determines it to be in its best interest. City will begin negotiations once the Evaluation Group has chosen the highest-ranked proposer(s) and the notice of intent to award has been issued. If the City cannot come to terms with the highest-ranked proposer(s), the City will formally terminate negotiations and enter into negotiations with the next highest-ranked proposer. Additionally, if two contracts are awarded and the City cannot come to terms with the highest-ranked proposer and those negotiations are terminated, then the second highest-ranked proposer will become the primary contractor for the services; City will reserve the right to award a replacement secondary contract. This process will continue until the City reaches an agreement in which the City deems appropriate for the services or it determines that a new competitive solicitation is necessary.

6.3 Contract Award

The award of a contract is accomplished by executing a written services agreement that incorporates elements of the solicitation, proposal, clarifications, addenda, and additions. All such materials constitute the complete contract documents. City Council may be required to authorize the award of contract at a regular session.

ATTACHMENT A

SAMPLE PUBLIC WORKS CONTRACT

FOR HVAC MAINTENANCE & REPAIR SERVICES

THIS PUBLIC WORKS CONTRACT (“Contract”) is made and entered into by and between the City of Milwaukie, a municipal corporation of the State of Oregon, hereinafter called “City,” and [Contractor’s Name], a(an) [State] [ corporation/partnership], hereinafter called “ Contractor,” duly authorized to perform such services in Oregon. City and Contractor may be referred to herein individually as a “Party” or collectively as the “Parties.”

RECITALS

WHEREAS the City requires goods and services for heating, ventilation, and air condition (HVAC) maintenance and repair services; and

WHEREAS the accomplishment of the work described in this Contract is necessary and essential to the City; and

WHEREAS the City has determined that the Contractor is qualified and capable of performing the required work under those terms and conditions set forth.

THEREFORE, the Parties agree as follows:

1. SERVICES TO BE PROVIDED

Contractor shall perform services as specified in the Statement of Work (Exhibit A) and in accordance with the terms and conditions set forth in this Contract.

2. EFFECTIVE DATE AND DURATION

This Contract shall become effective upon the date of execution by the City, and shall expire, unless otherwise terminated or extended, on September 30, 2031. City reserves the right to extend the term by one (1) year. All work under this Contract shall be completed prior to the expiration of this Contract.

3 . COMPENSATION

City agrees to pay Contractor not to exceed [amount in written form] dollars ($amount in numerical form) for performance of the work provided hereunder, which payment shall be based upon the following applicable terms:

A. Payment by City to Contractor for performance of work under this Contract includes all expenses incurred by Contractor, with the exception of any expenses identified in this Contract as separately reimbursable.

B. As compensation for services, Contractor shall be paid at the rates described in Exhibit A, which shall constitute full and complete payment for said services and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Contract.

C. Payment will be made in installments based on Contractor’s invoice, subject to the approval of the City, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. Payment terms shall be net 30 days from date of invoice.

D. Payment by the City shall release the City from any further obligation for payment to Contractor for services performed or expenses incurred as of the date of the statement of services. Payment of installments shall not be considered acceptance or approval of any work or waiver of any defects therein.

E. Contractor shall include proof of payment to any and all subcontractors and suppliers with each statement submitted to the City. City shall retain the right to withhold payments if the required proof of payment to subcontractors and suppliers is not included with the statement.

F. Where applicable, Contractor must make payment promptly, as due, to persons supplying Contractor labor or materials for the execution of the work provided by this Contract. Contractor must pay all contributions or amounts due from Contractor to the Industrial Accident Fund incurred in the performance of this order. Contractor shall not permit any lien or claim to be filed or prosecuted against City or any subdivision of City on account of any labor or material to be furnished. Contractor further agrees to pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.

G. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.

H. If labor is performed under this order, then no person shall be employed for more than ten (10) hours in any one day, or forty (40) hours in any one week, except in cases of necessity, or emergency or where the public policy absolutely requires it, and in such cases, the laborer shall be paid at least time and a half for all overtime in excess of eight (8) hours in any one day or forty (40) hours in any one week when the workweek is five consecutive days, Monday through Friday, or ten (10) hours in any one day and or forty (40) hours in any one week when the workweek is four consecutive days, Monday through Friday and for all work performed on Saturday and on any legal holiday as specified in ORS 279C.540.

I. No City employee shall be required to work overtime or on a Saturday, Sunday or holiday in the fulfillment of this Contract except where the Contractor agrees to reimburse the City in the amount of money paid the employee for such work as determined by state law, the City’s personnel rules or union agreement. The Contractor shall require every subcontractor to comply with this requirement.

J. City certifies that sufficient funds are available and authorized for expenditure to finance costs of this Contract.

4. PREVAILING WAGE

The work under this Contract is to be paid for by public funds. The work is subject to state prevailing rates of wage under ORS 279C.800 to 279C.870. Unless otherwise exempt, workers shall be paid not less than the specified minimum hourly rate of wage in accordance with ORS 279C.838 and ORS 279C.840. The applicable State of Oregon prevailing wage rates are contained in the publication Prevailing Wage Rates For Public Works Contracts in Oregon at https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx in effect as of July 5, 2026. Contractor and every subcontractor shall pay the applicable prevailing wage rates for the duration of this Contract. All work will take place in Clackamas County, Oregon.

For contracts $50,000 or greater, the City shall pay a fee to the Bureau of Labor and Industries.

5. PUBLIC WORKS BOND

Contractor and every subcontractor must have a public works bond filed with the Oregon Construction Contractors Board before starting work on the project, unless exempt under ORS 279C.836 (4), (7), (8) or (9).

6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR

Contractor certifies that:

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

A. Contractor acknowledges that for all purposes related to this Contract, Contractor is and shall be deemed to be an independent Contractor as defined by ORS 670.600 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Contract, to the full extent of any benefits or other remuneration Contractor receives (from City or third-party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third-party) as a result of said finding.

B. The undersigned Contractor hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Contractor, either directly or indirectly, in connection with the letting or performance of this Contract, except as specifically declared in writing.

C. If this payment is to be charged against Federal funds, Contractor certifies that it is not currently employed by the Federal Government and the amount charged does not exceed the normal charge for the type of service provided.

D. Contractor and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System.

E. Contractor certifies that it currently has either a City of Milwaukie or an Oregon Metro business license, or will obtain one prior to delivering services under this Contract. A business license is required for the duration of this Contract.

F. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS 30.265.

7. CONTRACTOR – PAYMENT OF BENEFITS

A. Contractor or the Contractor’s Surety, and every subcontractor or the subcontractor’s Surety, shall file certified statements with the City in writing on a form prescribed by the Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid each worker which the Contractor or the subcontractor has employed upon such public work, and further certifying that no worker employed upon such public work has been paid less than the prevailing rate of wage or less that the minimum hourly rate of wage specified in the contract, which certificate and statement shall be verified by the oath of the Contractor or the Contractor’s Surety, or subcontractor or the subcontractor’s Surety, that the Contractor or subcontractor has read such statement and certificate and knows the contents thereof and that the same is true to the Contractor’s or subcontractor’s knowledge.

1) The certified statements will set out accurately and completely the payroll records, including the name and address of each worker, the worker’s correct classification, rate of pay, daily and weekly number of hours worked, and the gross wages the worker earned during each week identified in the certified statement.

2) Each certified statement required herein shall be delivered or mailed by the Contractor or subcontractor to the City. A true copy of the certified statements shall also be filed at the same time with the Commissioner of the Bureau of Labor and Industries. Certified statements shall be submitted as set forth in ORS 279C.845.

8. CONTRACTOR’S EMPLOYEE MEDICAL PAYMENTS

Contractor agrees to pay promptly, as due, to any person, co-partnership, association or corporation furnishing medical, surgical, and hospital care or other needed care and attention incident to sickness or injury to the Contractor’s employees, of all sums which the Contractor agreed to pay for such services and all money and sums which the Contractor collected or deducted from employee wages pursuant to any law, contract or agreement for the purpose of providing or paying for such service.

9. SUBCONTRACTS - ASSIGNMENT & DELEGATION

Contractor shall submit a list of subcontractors for approval by the City, and Contractor shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and the City.

This Contract, and all of the covenants and conditions hereof, shall inure to the benefit of and be binding upon the City and the Contractor respectively and their legal representatives. Contractor shall not assign any rights nor delegate any duties incurred by this Contract, or any part hereof without the written consent of City, and any assignment or delegation in violation hereof shall be void.

10. OWNERSHIP OF WORK PRODUCTS

All work performed by Contractor under this Contract shall be the property of the City.

11. INDEMNIFICATION

Contractor shall defend, indemnify, and hold harmless the City, its officers, agents, employees, and volunteers from any and all liability, claims, demands, judgments, penalties, and causes of action of any kind or character, or other costs or expenses incidental to the investigation and defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor or its subcontractors, agents, or employees under this Contract, except liability arising out of the sole negligence of the City and its employees. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification.

12. INSURANCE

Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all activities of the Contractor arising directly or indirectly out of Contractor’s work performed hereunder, including the operations of its subcontractors of any tier. Such insurance shall be primary and non-contributory.

The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at least the following limits and coverage:

A. Commercial General Liability Insurance Contractor shall obtain, at Contractor’s expense, and keep in effect during the term of this Contract, Commercial General Liability Insurance covering bodily injury and property damage on an occurrence form. This coverage shall include Contractual Liability insurance for the indemnity provided under this Contract. The following insurance will be carried:

Coverage Limit General Aggregate $3,000,000 Products-Completed Operations Aggregate 3,000,000 Personal & Advertising Injury 2,000,000 Each Occurrence 2,000,000 Damage to Rented Premises (each occurrence) 500,000 Medical Expense (any one person) 5,000

B. Commercial Automobile Insurance Contractor shall obtain, at Contractor’s expense, and keep in effect during the term of this contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The combined single limit per occurrence shall not be less than $1,000,000.

C. Workers’ Compensation Insurance Contractor, its subcontractors, if any, and all employers providing work, labor or materials under this Contract who are subject employers under the Oregon Workers’ Compensation Law and shall comply with ORS 656.017, which requires them to provide workers’ compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide workers’ compensation coverage for their workers that complies with ORS 656.126. Employer’s Liability Insurance with coverage limits of not less than $500,000 each accident shall be included.

D. Excess/Umbrella Insurance The amounts of insurance required under this Contract may be met by the Contractor obtaining coverage for the limits specified under each type of required insurance or by any combination of underlying excess or umbrella limits so long as the total amount of insurance is not less than the limits specified for each type of required insurance.

E. Additional Insured Provision The Commercial General Liability Insurance and Commercial Automobile Insurance policies shall include the City, its officers, agents, employees and volunteers as additional insureds with respect to this Contract.

F. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor shall furnish a certificate of liability insurance to the City. This Contract shall not be effective until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this Contract. A renewal certificate will be sent to the below address no less than ten (10) days prior to coverage expiration.

The description portion of certificate should r identify the project and list the City of Milwaukie, its officers, agents, employees, and volunteers as additional insureds with respects to this Contract.

G. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to comply with this provision will not affect the insurance coverage provided to the City.

H. Primary Coverage Clarification The Parties agree that Contractor’s coverage shall be primary to the extent permitted by law. The Parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section.

I. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in general liability policy.

A certificate in a form satisfactory to the City that certifies the issuance of such insurance shall identify the City as the certificate holder and be forwarded to:

City of Milwaukie Attn: Finance 10501 SE Main Street Milwaukie, Oregon 97222…