Mechanical.pdf

RFP # 07292022

REQUEST FOR PROPOSALS (RFP)

On-Call Mechanical Systems Repair and Maintenance

RFP No. 07292022

Mt. Hood Community College

PURCHASING OFFICE

ATTN: MEJDI MAHJOUB

PURCHASING AGENT

26000 SE STARK STREET, ROOM AC - 50

GRESHAM, OR 97030

PROPOSALS DUE: NOT LATER THAN 2:00 PM, August 11, 2022

LATE PROPOSALS WILL BE RETAINED BUT NOT CONSIDERED FOR AWARD

DELIVER PROPOSALS TO THE ADDRESS AND LOCATION SHOWN ABOVE

Please note: Faxed or electronic responses to this RFP shall NOT be accepted

TIMELINES

ACTIVITY

DATE

Advertise RFP July 29, 2022

Optional walkthrough August 8, 2022 – Email to RSVP

Deadline for Questions August 9, 2022

Proposals Due August 11, 2022 – 2:00 PM

Anticipated Contract Start September 1, 2022

NOTE: MHCC reserves the right to deviate from this schedule

SECTION I: Overview_______________________________________________

1. Introduction

Mt. Hood Community College Facilities Department is requesting a bid from a certified York chiller support provider, certified McQuay Air Handler support provider, certified Aerco boiler support provider, which is experienced in manufacturers recommended preventive maintenance programs, Johnson Controls Metasys support, and has troubleshooting experience, and LME licensed personnel to support all equipment types.

The intent is to select ONE firm to provide these services.

This contract, unless otherwise interrupted or canceled, shall be valid for a period of five (5) years.

At the sole discretion of the College, the contract may be renewed for up to two (2) consecutive one year periods.

2. About Mt. Hood Community College (MHCC)

MHCC, founded in 1966, serves more than 33,000 students each year in more than 120 two-year associate degree programs, certificate programs, and transfer options in a wide variety of disciplines. MHCC’s main campus is located in Gresham, Oregon, with two satellite campuses in Gresham and Portland, Oregon. Additional office locations and early-childhood education sites are located throughout east Portland and east Multnomah County, Oregon. MHCC is accredited by the Northwest Commission on Colleges and Universities.

MHCC employs roughly 1775 people. This number includes 600 full-time employees, 375 student employees, 400 part-time hourly employees and 400 part-time faculty members. Outside of the management/confidential group, employees are represented by four different bargaining units including PTFTA (Part-time Faculty and Tutor Association), Classified Association (CEA), Full-Time Faculty Union and Oregon School Employees Association (OSEA) which represents CDFS Child Development and Family Services (?) employees.

More detailed information about MHCC can be found online at: http://www.mhcc.edu/About

3. Getting To Campus

See the following link for driving directions to all campus locations:

http://www.mhcc.edu/maps/

SECTION II: _Scope of Work_________________________________________

1. Cooling Tower Routine Maintenance Provide routine, semi-annual maintenance program for three cooling towers as listed herein according to manufacturer’s recommendations. Services may include, but are not necessarily limited to:

• Visual inspection of all system components for damage, excessive wear, leaks, vibration, broken or defective components, etc.

• Inspect fans, fan motors and bearings, drive belts and associated components

• Verify correct voltage present at all motor and pump terminals

• Verify water system pressures and flow rates as applicable http://www.mhcc.edu/About http://www.mhcc.edu/maps/

• Verify proper operation of all valves, float controls, drains and overflow protection

• Clean and flush cold water sumps and/or basins. Clean all sump strainers / filters

• Inspecting all spray nozzles, cleaning as required

• Clean all air filters and screens, verify proper airflow

• Clean all pump strainers

• Lubricate fan shafts, bearings and any other system components as needed, or as recommended by manufacturer

• Check all local controls for proper operation, and correct interface and reporting to main building HVAC control systems

• Advise MHCC about any required repairs or replacements

* These are the minimum inspection steps to be performed during the inspection and maintenance visits.

* Contractor will provide all necessary materials to perform work, at no additional cost to MHCC

2. CHILLER Annual Maintenance Inspection (completed by May 1)

• Pull chiller log for history, and report any discrepancies

• Change VFD fluid, clean strainer, clean air filters and intake

• Sample and send compressor oil to third party for analysis, deliver report to MHCC

• Change oil filters/dryers

• Inspect oil heater for proper operation

• Check refrigerant level

• Perform leak check on chiller

• Perform checks on all safeties

• Lubricate actuator linkage

• Grease all appropriate fittings on open drive motor, reset timer for motor on log panel

• Check motor and compressor coupling

• Check variable orifice, hot gas, PRV, and VGD

• Check all water flow switches

• Drain and open end bells to inspect tube bundle, perform eddy current testing, report finding to MHCC

• Perform vibration analysis

• Check and tighten ALL electrical connections

• Megohm motor windings, send results to MHCC

• Perform refrigerant analysis year 1 of contract, and report findings

• Deliver completed inspection checklist and recommendations to MHCC

* These are the minimum inspection steps to be performed during the inspection and maintenance visits.

3. CHILLER Operational Inspection (completed by July 31)

• Pull chiller log for history, and report any discrepancies

• Check 3 phase voltage and current balance, report any discrepancies

• Inspect oil heater operation

• Check refrigerant level

• Perform leak check on chiller

• Verify proper operation, settings and calibration of safety and operating controls

• Lubricate actuator linkage

• Check variable orifice, hot gas, PRV, and VGD

• Check motor and compressor coupling

• Check proximity sensor position

* These are the minimum inspection steps to be performed during the inspection and maintenance visits.

4. BOILER Annual Maintenance Inspection (completed by Sep 15)

• Visually inspect water heater for wear/damage/leaks

• Remove and clean condensate traps

• Clean condensate neutralizer and replace neutralizer media

• Remove and clean low water cut-off probe

• Remove and clean stack temperature sensor and shell sensor

• Remove and replace ignition electrode

• Remove and replace flame detector (flame rod)

• Remove and clean combustion air filter per manufacturer's recommendations

• Reassemble all boiler components. Start boiler and verify reliable ignition. Adjust as necessary for smooth and reliable operation

• Verify correct gas supply pressure, and adjust as necessary

• Verify correct combustion parameters through entire firing range per manufacturer's recommendations. Document and deliver information to MHCC

• Verify correct operation of all controls and safety devices

• Monitor boiler in operation to ensure safe and reliable operation, and appropriate temperature control

* These are the minimum inspection steps to be performed during the inspection and maintenance visits.

5. On Call Mechanical System and Repair

• Provide emergency repair response as well as routine on call non-emergency service for mechanical systems as needed.

• 7 day service availability, including holidays, 8:00 AM to 8:00 PM (overtime rates to be noted in table of bid prices if applicable)

• Guaranteed arrival time within two hours of call on weekdays, four hours on weekends

• For calls after 8:00 PM, guaranteed arrival before 10:00 the next morning, 7 days a week

SECTION III: Submission Instructions and Evaluation Process_______________________

1. Proposal Submission

Proposers should submit:

• One (1) original proposal, clearly marked “Original” and

• Five (5) complete copies of the proposal clearly marked “Copy”, and

The above items should be submitted to:

Mt. Hood Community College

PURCHASING OFFICE

ATTN: MEJDI MAHJOUB

PURCHASING AGENT

26000 SE STARK STREET

ROOM AC - 50

GRESHAM, OR 97030

Submissions must be received at the stated address and room no later than 2:00 PM, August 11, 2022

* * * Facsimile or electronically transmitted proposals will not be accepted * * *

* * * Late proposals will be retained but not considered for award * * *

Proposals shall be submitted in a sealed envelope appropriately marked with the Proposal title, RFP number, and the name and address of the Proposer. If the requested, number of copies does not fit into an envelope, enclose all copies in a box, seal it and attach an envelope on top with the appropriate information.

It is the sole responsibility of the Proposer to assure that proposals are delivered and received at the Purchasing Office Room AC – 50 as indicated above, prior to the closing date and time. Proposers that mail or ship proposals are strongly cautioned that MHCC accepts no responsibility for assuring any delivery is date and time stamped unless such delivery is made directly to the Purchasing Office Room

AC – 50.

2. Proposal Format

All proposals should conform to the following format:

Attachment A, B, and C A cover letter including this information:

1. Name the person or persons who will be directly responsible for MHCC’s account (“Key Personal”) and describe their experience, professional licensing and certifications.

2. Qualifications of your firm

3. Describe the firm’s capabilities and experience.

4. List firm experience working with similar projects.

5. Address your firm’s ability to provide services meets the requirements outlined in the Scope of Work (Section II)

6. Provide descriptions of any services your firm would propose to offer beyond what’s listed herein.

7. Address any exceptions/deviations to the RFP requirements/Scope of work.

Copies of Certifications as specified herein Reference page (Similar projects only) All other documents as deemed necessary by proposer.

Proposals are to include a completed and signed Proposer Response Form (Attachment A).

This signature must be original and handwritten in ink or indelible pencil. An electronic signature shall not be accepted in lieu of an original handwritten signature. Unsigned proposals may be rejected.

Proposers are strongly encouraged to provide proposals no greater than 25 pages in length.

MHCC believes in conserving our environment and its natural resources. Proposers are encouraged to submit an environmentally friendly proposal. MHCC encourages proposals:

o Printed on recycled paper and materials o Comprised of all recyclable materials o Which are double-sided (each double-sided sheet counts as two pages)

3. Proposal Opening

Mt. Hood Community College will NOT publicly open or read proposals aloud.

4. Point of Contact

There is a single point of contact for all questions regarding this RFP, specifications, process, change clarification, award process, protests, etc…

Please direct all questions to:

MT. HOOD COMMUNITY COLLEGE

PURCHASING OFFICE

ATTN: MEJDI MAHJOUB

PURCHASING AGENT

26000 SE STARK STREET, ROOM AC - 50

GRESHAM, OR 97030

mejdi.mahjoub@mhcc.edu

(503) 491-6085

Respondents are not allowed to communicate with any MHCC employees regarding this RFP, except at the direction of the contact listed herein. Any unauthorized contact will disqualify the respondent from further consideration of this RFP and any future RFP events of same nature.

5. Questions / Requests for Clarification

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

• Be emailed to the Point of Contract listed above

• Reference the RFP number

• Identify Proposer’s name and contact information

• Be sent by an authorized representative

• Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule

6. Minimum Requirements

• To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements in the scope of work in Section II.

• At least 5 years experience and current certification with the following:

mailto:mejdi.mahjoub@mhcc.edu

- Certified York chiller support provider

- Certified McQuay Air Handler support provider

- Certified Aerco boiler support provider, which is experienced in manufacturers recommended preventive maintenance programs, Johnson Controls Metasys support, and has troubleshooting experience.

- LME licensed personnel to support all equipment types.

7. Authorized representative

A representative authorized to bind the Proposer shall sign the Proposal. Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by MHCC.

8. Incurred Costs

Mt. Hood Community College is NOT liable for any costs incurred by a proposer in the preparation and/or presentation of a proposal.

9. Addenda

If MHCC determines that additional information or interpretation is necessary, such information or interpretation will be supplied in Addenda posted on ORPIN. ORPIN will in turn generate an automatic e-mail notification to all persons or firms registered on ORPIN, and who have also registered as interested in this solicitation.

All such Addenda shall have the same binding effect as though contained in the main body of the Request for Proposal. Statements made by MHCC’s representatives are not binding on MHCC unless confirmed by written Addendum. The Purchasing Agent shall issue all addenda not less than five (5) working days prior to the proposal deadline.

It is the Proposer’s sole responsibility to ensure that the Proposer has received all addenda.

Proposers are advised to confirm that they have received all addenda prior to submitting their proposals.

10. Appeals & Protests of Award

The following procedure applies to adversely affected Proposers who wish to appeal a disqualification of proposal or award of contract(s). An “adversely affected Proposer” is a Proposer whose proposal is disqualified or a Proposer who is eligible and is next in line for award of the contract but for the alleged violation or defect. Appeals by Proposers who are not adversely affected will be rejected.

1. All appeals must be in writing and physically received by the Purchasing Agent no later than 5:00 p.m. on the fifth (5th) working day after the postmarked Notice of Intent to Award or disqualification.

Address appeal to:

APPEAL OF AWARD TO RFP # 07292022

Mt. Hood Community College

Attn: Mejdi Mahjoub Purchasing Agent

26000 SE Stark Street Gresham, OR 97030

(503) 491-6085

2. Appeals must specify the grounds for the appeal including the specific citation of law, rule, regulation, or procedure upon which the protest is based. The judgment used by individual evaluators in scoring is not grounds for appeal.

3. Appeals not filed within the time specified in paragraph 1 above, or which fail to cite the specific law, rule, regulation, or procedure upon which the appeal is based shall be dismissed.

11. Cancellation, Delay or Suspension of Solicitation; Rejection of Proposals

Mt. Hood Community College may cancel, delay, or suspend this solicitation if in the best interest of the College as determined by the Board of Education.

Mt. Hood Community college may reject any or all proposals, in whole or in part, if in the best interest of the College.

In no event shall MHCC have any liability for the cancellation, delay, suspension of this Solicitation or rejection of any proposal.

12. Ownership of Documents

Any material submitted by a proposer shall become the property of the College, and will not be returned to Proposers.

13. Public Record

MHCC is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires MHCC to disclose all records generated or received in the transaction of MHCC business, except as expressly exempted in ORS 192.501, 192.502, or other applicable law. Examples of exemptions that could be relevant include trade secrets (ORS 192.501(2)) and computer programs (ORS 192.501(15)). MHCC will not disclose records submitted by a Proposer that are exempt from disclosure under the Public Records Law, subject to the following procedures and limitations.

All pages containing the records exempt from disclosure shall be marked “confidential” and segregated in the following manner:

It shall be clearly marked in bulk and on each page of the confidential document.

It shall be kept separate from the other RFP documents in a separate envelope or package.

For the required electronic copy of the proposal, it shall be saved in a second PDF file on the same CD or DVD, with the word “confidential” included in the file name.

Where this specification conflicts with other formatting and response instruction specifications, this specification shall prevail.

Where such conflict occurs, the proposer is instructed to respond with the following: “Refer to confidential information enclosed.” This statement shall be inserted in the place where the requested information was to have been placed.

Proposers who desire that additional information be treated as confidential must mark those pages as “confidential”, cite a specific statutory basis for the exemption, and the reasons why the public interest would be served by the confidentiality. The entire RFP cannot be marked confidential, nor shall any pricing. Should an RFP be submitted in this manner, no portion of it can be held as confidential unless that portion is segregated in the above manner and meets the above criteria.

Notwithstanding the above procedures, MHCC reserves the right to disclose information that MHCC determines, in its sole discretion, is not exempt from disclosure or that MHCC is directed to disclose by the District Attorney or a court of competent jurisdiction. Prior to disclosing such information, MHCC will notify the Proposer. If the Proposer disagrees with MHCC’s decision, MHCC may, but is not required to enter into an agreement not to disclose the information so long as the Proposer bears the entire cost, including reasonable attorney’s fees, of any legal action, including any appeals, necessary to defend or support a no-disclosure decision.

14. Proposal Validity Period

Proposals shall remain valid for a period of one hundred twenty (120) days following the deadline set for receiving proposals.

15. Compliance with Laws

The Proposer shall comply with all applicable provisions of the Federal, State and Local Laws, regulations, FERPA and HIPAA Privacy rules and orders.

If the Contractor observes that any portion of the Work is to be performed in a way that violates any law, code, or regulation, it shall immediately notify the MHCC in writing.

16. Laws Governing

This contract shall be governed by and construed according to the laws of the State of Oregon.

Venue for any action related to this agreement shall be in the Circuit Court for the College’s County.

17. Independent Contractor Status

Both parties understand and agree that this Agreement is not intended and shall not be construed to create an employer-employee relationship between the parties or their respective directors, officers, employees, subcontractors, or agents. At all times under this Agreement, Contractor and MHCC are acting and performing as independent contractors.

18. Responsibility of Taxes and Withholding

Contractor shall be responsible for all federal and/or state taxes applicable to compensation or payments paid to Contractor under this Contract and, unless Contractor is subject to backup withholding, Mt. Hood Community College will not withhold from such compensation or payments any amount(s) to cover Contractor’s federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or workers’ compensation benefits from compensation or payments paid to Contractor under this Contract, except as a self-employed individual.

19. Self-Attestation Suspension and Debarment

A Contractor attests, by the act of submitting a proposal that:

a. The Contractor is legally capable of entering into a binding agreement.

b. The Contractor is not debarred from conducting business with any domestic Federal, State, County or Municipal government of the United States of America.

c. The Contractor is not under involuntary suspension for material misconduct from any relevant professional association, trade group, or similar society.

20. Liability and Indemnification

The Contractor shall indemnify, hold harmless, and defend Mt. Hood Community College (MHCC), its officers, employees, and agents from any and all claims, losses, damages, attorney fees, costs, and liabilities arising out of accidents, unforeseen difficulties, or the intentional, reckless, or negligent acts or omissions of the Contractor, its Subcontractors, suppliers, employees, or agents in the performance of the Work. For purposes of this Subsection, “claims” includes any assertion of a right to money damages or equitable relief or any combination thereof.

MHCC shall notify Contractor of any claim of which it is aware that requires Contractor to defend, indemnify, and hold MHCC harmless. Thereafter, Contractor shall notify MHCC in writing within 30 days that it will defend, indemnify, and hold MHCC harmless. Contractor’s failure to provide such notification is a breach of Agreement. In the event that Contractor fails to give Notice within 30 days, MHCC may defend the claim and charge Contractor with any costs associated with that effort.

MHCC reserves the right to participate in any claim irrespective of Contractor’s obligations to indemnify, hold harmless, defend, or notify. However, if MHCC elects to participate in any claim after receiving notification from Contractor, Contractor is not obligated to indemnify MHCC for the costs associated with that participation, although its other obligations to indemnify, hold harmless, and defend remain intact.

Nothing in this Section requires the Contractor or its insurer to indemnify the MHCC for any claims or losses arising out of death or bodily injury to persons or property damage caused, in whole or in part, by the negligence of MHCC.

21. Modification or Withdraw

A Proposer may modify or withdraw its Proposal in writing only prior to closing. Modification or withdrawal must be marked and delivered to the point of contact stated above. A Proposer may also deliver its modification or withdrawal in person. Proposers are responsible for ensuring that the College receives its modification or withdrawal. Modifications or withdrawal must be prepared and submitted on the Proposer’s letterhead, signed by an authorized representative of the Proposer.

Modifications: Each modification shall state that the modification amends and supersedes the prior offer.

Withdrawals: The Proposer may withdraw its offer in person prior to the closing, upon presentation of appropriate identification and evidence of authority satisfactory to the College. The College shall void any date and time stamp mark.

22. Evaluation Process

Proposals will initially be reviewed by the Purchasing Agent and separated into two categories “pass” and “fail”. Only those proposals which “pass” will be eligible for committee review and evaluation. Those proposals which “fail” will be withdrawn from consideration. To “pass” the initial review, firms must:

• Submit proposals (delivered) by the deadline.

• Submit proposals in the correct quantity.

After the initial review, an Evaluation Committee, consisting of not less than three (3) individuals, shall evaluate the proposals. Each evaluator on the committee will assign scores to each proposal as described below. MHCC may assign certain evaluators to score specific proposal categories in keeping with the evaluator’s area of expertise.

Mt. Hood Community College will use the following criteria in evaluating proposals received in response to the RFP. The evaluation of the proposals and the selection of the successful proposal will be based on the information provided by the Proposer in its proposal, including without limitation responses to the Proposer’s qualifications; consideration may also be given to any additional information helpful to the College. Any proposal that does not contain each element described in this RFP, fully completed, initialed or executed, as appropriate, may be judged to be incomplete and may not be considered further.

23. Scoring Criteria

Points will be assigned by each scorer to each response to the information requested and information presented as follows

Pricing ------------------------------------------------------ 30 Points (Maximum) Vendor approach & Experience --------------------- 30 Points (Maximum) Material markup ----------------------------------------- 20 Points (Maximum) References ----------------------------------------------- 20 Points (Maximum)

TOTAL - 100 Points (Maximum)

24. Evaluation of Written Proposals

Each evaluator shall independently assign a score to each evaluation criterion based on the written proposals. Scores will then be summed. If MHCC does not elect to require an oral interview/presentation, the award will be made to the highest scoring proposer based on the written proposals.

25. MHCC Reserves the Right To:

• To reject any or all proposals not in compliance with all public procedures and requirements,

• To reject any proposal(s) not meeting the specifications set forth herein,

• To waive any or all irregularities in proposals submitted,

• To consider the competency of proposers in making any award,

• To reject all proposals,

26. Evaluations of Interviews/Presentations

If it is determined to be in the best interests of MHCC, an oral interview/presentation will also be scheduled. The top ranked proposal(s), after the written evaluation phase, will be invited to an oral interview and demonstration, based on scenarios that will be provided in advance of the scheduled demonstration, with the Evaluation Committee. The same criteria used to evaluate the written responses will be used to evaluate the finalists during the oral evaluations. No additions, deletions or substitutions may be made to proposals during the oral evaluations that cannot be viewed as clarification.

The evaluation committee considers the highest ranked finalist as being the Proposer which suits the needs and objective of the College best, the second-ranked, second best, the third-ranked, third best, etc…

After the oral evaluation, each evaluator may rescore proposals, based on the oral interview and written proposal. The proposal receiving the highest final score and best meeting the needs of MHCC will be awarded.

The Purchasing Agent or designee will evaluate the cost/fee proposals.

27. Best and Final Offer

MHCC, at its sole option, may request Best and Final Offers (BAFO) from those proposers whose proposals are within the competitive range, prior to making an award. A request for Best and Final Offers, if required, will be issued after written, and if conducted, oral interviews/presentation evaluations have been performed. The evaluation team shall review the BAFOs and adjust final proposal scores accordingly. If a proposer does not submit a BAFO by the time and date required, the original offer will be deemed the Best and Final Offer.

Notwithstanding any other provision of this RFP, the College expressly reserves the right to:

• Conduct discussions with any or all vendors for the purpose of clarification of proposals;

• Waive, or decline to waive, any insignificant defect or informality in any proposal or proposal procedures;

• Accept, reject, or negotiate the terms of any proposal, or any parts thereof, for the purpose of obtaining the best and final offer;

• Negotiate with any or all of the Vendor’s representatives for the purpose of obtaining best and final offer.

28. Contract Termination Conditions

The contract resulting from this solicitation may be terminated at any time by the Mt. Hood Community College for good cause. Good cause may be such items as breach of contract by Contractor, failure of Contractor to fulfill requirements for insurance, workers compensation, professional registration, bonding or licensing, failure of Contractor to perform in accordance with any requirements of the contract including the meeting of delivery dates, performance, invoicing, filings, and other requirements.

This contract may also be terminated for convenience of the College without warning or advance notice. If the contract is terminated for convenience of the College, any monies owing to either party shall be paid within thirty (30) days of contract termination.

Other valid reason for termination may be for lack of funds, for unacceptable performance of the Proposer, for lapse of required services provision, for lapse of required registrations or insurance coverage, or for any other documentable reason.

29. Investigations

The College reserves the right to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Proposer's responsibility to perform the Contract.

Submission of a signed Proposal shall constitute approval for the College to obtain any information the College deems necessary to conduct the evaluation. The College shall notify the apparent successful Proposer, in writing, of any other documentation required, which may include, but is not limited to, recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity; credit information; material; equipment; facility and personnel information; performance record of Contract performance; etc. Failure to promptly provide this information shall result in Offer rejection.

The College may postpone the award of the Contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate Responsibility shall render the Proposer non-responsible and shall constitute grounds for Offer rejection.

30. Transfer of Contract Rights

A contractor shall not sell, or transfer rights under a public contract, either in whole or in part, without first obtaining the College's prior written consent. Such written consent shall not relieve a contractor of any obligations under this contract, and any transferee shall be considered the agent of the contractor and bound to abide by all provisions of this RFP. Except in the event of novation, if the College consents in writing to an assignment, sale, or transfer of the contractor's rights and responsibilities, the contractor shall remain ultimately liable to the agency for complete performance of this contract as if no such assignment, sale, or transfer had occurred.

31. Funds Available

The College reasonably believes at the time of entering into this Contract that sufficient funds are available and authorized for expenditure to finance the cost of this Contract within the College's appropriation or limitation.

32. Conflict of Interest

A Proposer submitting a Proposal thereby certifies that no officer, agent or employee of the College who has a pecuniary interest in this Proposal has participated in the contract negotiations on the part of the College, that the Proposal is made in good faith without fraud, collusion or connection of any kind with any other Proposer, and that the Proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

33. Discrimination

The Proposer agrees not to discriminate against any client, employee or applicant for employment or for services, because of race, creed, color, national origin, gender, ethnic background, or age with regard to, but not limited to, the following: Employment upgrading, demotion or transfer;

Recruitment or recruitment advertising; Layoffs or termination; Rates of pay or other forms of compensation; Selection for training; Rendition of services. It is further understood that any Proposer who is in violation of this clause shall be barred forthwith from receiving awards of any kind from the College, unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely.

34. Ownership of Work

All work products of the Contractor that result from this contract, including but not limited to background data, documentation and staff work that is preliminary to final reports, are the property of Mt. Hood Community College (MHCC). Draft documents and preliminary work submitted to MHCC for review and comment shall not be considered as owned, used or retained by MHCC until the final document is submitted.

MHCC shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and all other intellectual or other property rights in and to such work products. Preexisting trade secrets of the Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered “works made for hire” under the provisions of the United States Copyright Act and all other equivalent laws.

Any materials designated as “confidential” that may be provided to Contractor by MHCC at any time relating to this contract shall be treated confidentially by the Contractor, and shall not be disclosed to any other person by the Contractor without the advance written permission of MHCC. Contractor shall return all confidential materials upon request.

Use of any work product of the Contractor by MHCC for any purpose other than the use intended by this contract is at the risk of MHCC. Use of any work product by Contractor is prohibited without the written consent of MHCC.

35. Access to Records

Contractor shall maintain and Mt. Hood Community College (and its authorized representatives) shall have access to all books, documents, papers and records of Contractor which relate to this contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request.

Payment for cost of copies is reimbursable by Mt. Hood Community College.

36. Ordinances, Permits, Licenses

The contractor shall keep fully informed of local ordinances, state and federal laws in any manner affecting the work herein specified. The proposer shall comply with said ordinances, laws, regulations, and protect and indemnify the District, its officers, and agents against any claim or liability arising from, or based upon, the violations of any such laws, ordinances, or regulations.

All permits, licenses, and inspection fees necessary for the manufacture and delivery of the requested items shall be secured and paid for by the proposer.

37. Insurance

The proposer shall maintain in force for the duration of this agreement a Commercial General Liability, Automobile Liability (owned, non-owned and hired) Insurance policy(s) written on an occurrence basis with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, and a Professional Errors and Omissions Liability policy with limits not less than $1,000,000, naming the District, its employees, officials and agents as an additional insured as respect to work or services performed under this agreement. This insurance will be primary to any insurance the District may carry on its own.

Evidence of the above coverage, issued by a company having an A.M. best rating of "A-" or better, or equivalent, shall be provided to the District by way of a certificate of insurance before any work or services commence. A 30-day notice of cancellation or material change in coverage clause shall be included. Failure to maintain the proper insurance shall be grounds for immediate termination of this contract.

Attachment - A

FAILURE TO SIGN AND SUBMIT THIS FORM MAY BE CAUSE FOR PROPOSAL REJECTION

PROPOSER RESPONSE FORM

The undersigned, through the formal submittal of this proposal response, declares that he/she has examined all related proposal documents and read the instructions and conditions, and hereby proposes to provide______________________________________________, as specified in this RFP.

The Proposer, by his/her signature below, hereby represents as follows:

• That no officer, agency or employee of Mt Hood Community College is personally interested directly or indirectly in this contract or the compensation to be paid hereunder, and that no representation, statement or statements, oral or in writing, of the College, its officers, agents, or employees had induced him to enter into this contract and the papers made a part hereof by its terms;

• That this proposal is made without connection with any person, firm or corporation making a

Proposal for the same material, and is in all respects, fair and without collusion or fraud.

PROPOSER’S EMPLOYERS FEDERAL TAX IDENTIFICATION NUMBER (EIN) ___________________________

Proposer Name (Individual or Company) __________________________________________________

Street Address _______________________________________________________________________

City____________________________________State__________________Zip___________________

RFP Contact Name ___________________________________________________________________

Title_______________________ Phone ___________________ Email _______________________

Authorized Signer Name_______________________________________________________________

Title __________________________________________Phone________________________________

Signature ________________________________________Date _______________________________

Attachment B

FAILURE TO SUBMIT THIS FORM MAY BE CAUSE FOR PROPOSAL REJECTION

REFERENCES

Your company name (printed)__________________________________________________________

Reference # 1

Name of organization (printed or typed) Contact person

Street Address City, State, Zip

Phone number Email address (if available)

Reference # 2

Name of organization (printed or typed) Contact person

Street Address City, State, Zip

Reference # 3

Name of organization (printed or typed) Contact person

Street Address City, State, Zip

Attachment C

FAILURE TO SUBMIT THIS FORM MAY BE CAUSE FOR PROPOSAL REJECTION

Pricing Sheet

Item

Description of Item (Minimum checks included in scope above)

Unit amount

Frequency per year

Total (Unit amount X Frequency

1 Cooling Tower Semi-Annual Maint. / Insp. – Year 1 $ 2 $ 2 Cooling Tower Semi-Annual Maint. / Insp. – Year 2 $ 2 $ 3 Cooling Tower Semi-Annual Maint. / Insp. – Year 3 $ 2 $ 4 Cooling Tower Semi-Annual Maint. / Insp. – Year 4 $ 2 $ 5 Cooling Tower Semi-Annual Maint. / Insp. – Year 5 $ 2 $ 6 Chiller Annual Maint. / Insp. by May 1 – Year 1 $ 1 $ 7 Chiller Annual Maint. / Insp. by May 1 – Year 2 $ 1 $ 8 Chiller Annual Maint. / Insp. by May 1 – Year 3 $ 1 $ 9 Chiller Annual Maint. / Insp. by May 1 – Year 4 $ 1 $ 10 Chiller Annual Maint. / Insp. by May 1 – Year 5 $ 1 $ 11 Chiller Operational Inspection by July 31 – Year 1 $ 1 $ 12 Chiller Operational Inspection by July 31 – Year 2 $ 1 $ 13 Chiller Operational Inspection by July 31 – Year 3 $ 1 $ 14 Chiller Operational Inspection by July 31 – Year 4 $ 1 $ 15 Chiller Operational Inspection by July 31 – Year 5 $ 1 $ 16 Boiler Annual Maint. / Insp. by Sep 15 – Year 1 $ 1 $ 17 Boiler Annual Maint. / Insp. by Sep 15 – Year 2 $ 1 $ 18 Boiler Annual Maint. / Insp. by Sep 15 – Year 3 $ 1 $ 19 Boiler Annual Maint. / Insp. by Sep 15 – Year 4 $ 1 $ 20 Boiler Annual Maint. / Insp. by Sep 15 – Year 5 $ 1 $ 21 Annual filter change – 848 provided filters $ 1 $ 22 Monthly Metasys system Check & Site Visits (4 hours) $ 12 $

Total Base Bid Amount for Preventative Maintenance Services $ Total Base Bid Amount (in words)

Hourly Rates for On Call Mechanical Systems Repair, Maintenance and Replacement services Overtime rate is defined as that rate charged by Contractor for hours worked beyond a standard 40 hour work week, as defined by the Contractor’s policies.

Type of Hour Days/Hours of Service Rate per hour Overtime Rate per hour

Regular $ $

Evening $ $

Weekend $ $

Emergency $ $

Parts and Supplies markup: %

MHCC expects firm hourly rate pricing for the initial Five years portion of the contract as indicated by the above price sheet. Changes to pricing must be submitted in writing to MHCC within 45 days of the end of the fifth contract year. Increases may only occur with the express written approval of MHCC. Indicate any formula for annual price increases after the initial Five year portion of the contract. This formula may include but not be limited to factors such as CPI, fuel costs, labor costs, changes in law or regulation, etc.

23. Scoring Criteria