RFQ FOR PROFESSIONAL SERVICES Page 1 of 11

LEGAL PUBLICATION

MT. HOOD COMMUNITY COLLEGE

REQUEST FOR QUALIFICATIONS

PROFESSIONAL SERVICES FOR CIP 2025 BOND PROGRAM PROJECTS

RFP#05152026

The Mt. Hood Community College will receive responses until June 11, 2026, 2:00:00 p.m., Pacific Time, to provide Professional Services for the following for:

1. Site Surveying

2. Geotechnical Investigation

3. Exterior Envelope Consulting

4. Commissioning of MEP

5. Special Inspections and Testing

6. Hazardous Materials Surveying and Testing

7. Civil Engineering

8. Permit Expeditor / Permitting Specialist Services Scope

PURPOSE OF RFQ

The Mt. Hood Community College (the “College”), Requests for Qualifications (RFQ) from qualified professional consulting services listed above for project support of selected projects, current and future throughout the District from 2026 through December 31, 2030.

Copies of the completed RFQ will be available on May 18, 2026. All request for copies of the RFQ and questions pertaining to this RFQ should be directed to:

Rosemary Grosz, R&C Management Group, Rosemary@randcmanagement.com

Proposals will be accepted at the email described in the RFQ later than 2:00:00 p.m. on June 11, 2026.

The College reserves the right to reject any proposal not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all proposals upon a finding of the College it is in the public interest to do so.

Mejdi Mahjoub, Purchasing Agent, Mt. Hood Community College

Published:

May 15, 2026 (DJC + OregonBuys)

Mt. Hood Community College 26000 S.E. Stark St.

Gresham, OR 97030

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REQUEST FOR QUALIFICATIONS

RFQ# 05152026

Bond 2025 Professional Services

Professional Services

1. Site Surveying

2. Geotechnical Investigation

3. Exterior Envelope Consulting

4. Commissioning of MEP

5. Special Inspections and Testing

6. Hazardous Materials Surveying and Testing

Statement of Qualifications Due:

Must be received no later than 2:00 PM PST, June 11, 2026.

Late proposals will not be accepted or considered.

Proposals will not be read aloud but will be considered to be public records.

Submit Proposals (digitally) to:

Mt. Hood Community College Submit proposals via email only.

c/o Rosemary Grosz at procurement@randcmanagement.com

For copies of the RFQ

Rosemary Grosz R&C Management Group LLC rosemary@randcmanagement.com

Direct Questions to:

Rosemary Grosz R&C Management Group LLC rosemary@randcmanagement.com

Deadline for Questions: June 6, 2026, 5:00 PM

Electronic Responses:

Qualification Statements will only be received via email. Do not send hard copies.

Attach as PDF’s. In the subject line of the email include the company name “-Mt.

Hood Community College Professional Services RFQ –“and which of the services that you are submitting on.

mailto:rosemary@randcmanagement.com mailto:rosemary@randcmanagement.com

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Mt. Hood Community College 26000 S.E. Stark St.

Gresham, OR 97030

May 15, 2026

Mt. Hood Community College (the “College”) is requesting a Statement of Qualifications for Professional Services from interested firms to establish a qualified pool of individuals and/or firms to provide a variety of professional services associated with capital projects included in the $136.4 million facility bond measure (and subsequent matching grant), which was approved by voters in May 2025. To be considered, interested firms shall submit a Statement of Qualifications (SOQ) to the Mt. Hood Community College (the “College”) via email no later than noted below.

RFQ TITLE: Professional Services

RFQ DUE DATE: See cover page for due date information.

CONTACT: See cover page for contact Information.

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TABLE OF CONTENTS

I. PURPOSE

II. PROJECT DESCRIPTION

III. PROJECT SCHEDULE

IV. SCOPE OF PROFESSIONAL SERVICES

V. SUBMITTAL FORMAT & SELECTION CRITERIA

VI. SCHEDULE OF EVENTS

VII. QUESTIONS

VIII. RESERVATIONS

IX. ATTACHMENTS

I. PURPOSE:

Mt. Hood Community College (the “College”) patrons approved a $136.4 million facility bond measure in May 2025. The College is in the process of building their team, which will consist of a R&C Management Group to oversee the majority of the bond projects, and architectural (Opsis, TVA and Cannon) and their engineering firms providing design services on major construction projects (these were done under a separate RFP). The College intends to establish a qualified pool of individuals and/or firms to provide a variety of specialized professional services typically contracted by the owner to support work associated with new capital projects.

II. PROJECT DESCRIPTION:

The scope of work includes providing professional services associated with all aspects of the 2025 Facilities Bond and grant, including but not limited to:

A. Proposers shall review Attachment #1 (Program Framework / Potential Projects List) for background on anticipated project types, sequencing, and potential timelines. This information is provided for general context only and may evolve as individual projects are defined and the A/E firms finalize the pre-design and programming phases.

III. PROJECT SCHEDULE

We anticipate a need for professional services to commence in the summer of 2026 and continue for the duration of the bond (anticipated through fall of 2029 but could be extended through fall of 2030). Individual projects will vary in schedule, budget, and scope of work.

IV. SCOPE OF PROFESSIONAL SERVICES:

The successful proposers will work closely with the College’s construction manager (R&C Management Group), College staff and the Architects of record on services pertaining to renovation projects and all capital projects listed in Section II. If submitting qualifications for more than one discipline, separate submittals are required.

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Professional services solicited include but are not limited to:

1. Site Surveying The selected Surveying Consultant will provide land surveying, mapping, research, and related support services for campus infrastructure, site development, renovation, and capital improvement projects.

Services shall support planning, design, permitting, property documentation, and construction activities associated with the College’s facilities and infrastructure program.

Typical services may include, but are not limited to, the following:

• Topographic surveys and existing conditions mapping

• Boundary surveys and property line verification

• Survey research including deeds, plats, records of survey, easements, and related property.

• Identification and mapping of recorded rights-of-way, easements, encroachments, and utilities

• Control surveys and horizontal/vertical control establishment

• Utility locating coordination and surface feature documentation

• Preparation of base maps and survey exhibits for design and permitting purposes

• ALTA/NSPS land title surveys where applicable

• Construction staking and layout support services

• Preparation of legal descriptions, right-of-way documents, and easement exhibits as required

• Preparation of easement documents and supporting survey information as assigned

• Coordination with civil engineers, architects, utility providers, contractors, and jurisdictions

• Support for phased construction and occupied campus environments

• Preparation of final survey documentation, record drawings, and project closeout deliverables

The exact scope of services and associated fees will be subject to negotiation following selection.

2. Geotechnical Investigation The selected Geotechnical Consultant will provide geotechnical investigation, subsurface exploration, engineering analysis, reporting, and construction-phase support services for campus infrastructure, building, site development, and capital improvement projects. Services shall support evaluation of existing soil conditions, foundation design recommendations, earthwork planning, and construction compliance.

Typical services may include, but are not limited to, the following:

• Geotechnical investigations and subsurface explorations

• Soil borings, test pits, field sampling, and laboratory testing

• Geotechnical engineering reports and soils analysis

• Evaluation of existing soil, groundwater, and subsurface conditions

• Foundation design recommendations and bearing capacity analysis

• Pavement section recommendations for roads, sidewalks, and parking areas

• Earthwork, grading, excavation, and slope stability recommendations

• Groundwater evaluation and drainage considerations

• Seismic and liquefaction analysis where applicable

• Recommendations for retaining walls, shoring, and temporary excavation support systems

• Coordination with civil, structural, architectural, and utility design teams

• Preparation of technical reports, specifications, and construction recommendations

• Geotechnical construction monitoring and observation services during construction

• Field density testing, compaction testing, and verification of earthwork activities

• Review of unforeseen subsurface conditions and recommendations for corrective action

• Construction-phase consultation, reporting, and project closeout support

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3. Exterior Envelope Consulting The selected Exterior Envelope Consultant will provide assessment, design, design review, technical consulting, and construction-phase services related to building envelope systems for renovation, deferred maintenance, and capital improvement projects. Services shall support building performance, durability, moisture protection, energy efficiency, and long-term maintainability of campus facilities.

Typical services may include, but are not limited to, the following:

• Existing building envelope evaluations, condition assessments, and investigative testing

• Roofing system assessments, design, repair, replacement, and consulting services

• Exterior wall assemblies, weather barrier systems, window systems, and exterior door systems consulting and design support

• Sheet metal flashing, coping, trim, and related waterproofing detailing

• Waterproofing systems for below-grade structures and building elements

• Moisture intrusion investigations and building envelope diagnostics

• Thermal performance and energy efficiency evaluations related to exterior envelope systems

• Development of technical specifications, construction documents, and cost estimates

• Peer review and quality assurance reviews of architectural envelope designs and details

• Coordination with architects, engineers, contractors, and College representatives throughout design and construction

• Construction administration services including submittal review, RFIs, site observations, mock-up reviews, and punch list support

• Water testing, roof testing, and envelope performance verification as required

• Support for phased construction and occupied campus environments

• Preparation of assessment reports, recommendations, and closeout documentation

• Assistance with warranty reviews, claims evaluations, and long-term maintenance recommendations

4. Commissioning of MEP, and potentially Retro Commissioning of Mechanical, Electrical, Plumbing (MEP) scopes

The selected Commissioning Consultant (Cx) will provide commissioning, retro-commissioning, systems verification, performance testing, and construction-phase support services for new, renovated, and existing campus facilities and infrastructure systems. Services shall support operational performance, energy efficiency, occupant comfort, maintainability, and compliance with project requirements and design intent. The level of commissioning effort may vary depending on project size, complexity, and system type. The College may procure commissioning services independently or as part of a larger project delivery team.

Typical services may include, but are not limited to, the following:

• Commissioning and retro-commissioning of mechanical, electrical, plumbing (MEP), and building systems

• Heating, ventilation, and air conditioning (HVAC) systems commissioning

• Heating hot water and domestic hot water systems commissioning

• Building automation systems (BAS) and HVAC controls commissioning

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• Lighting controls and daylight harvesting systems commissioning

• Existing building systems evaluation, diagnostics, and performance assessments

• Review of Owner’s Project Requirements (OPR) and Basis of Design (BOD) documentation

• Commissioning design reviews during schematic design, design development, and construction document phases

• Development of commissioning plans, specifications, and testing procedures

• Coordination with architects, engineers, contractors, testing agencies, and College representatives throughout design and construction

• Review of contractor submittals and startup documentation related to commissioned systems

• Development and management of commissioning issue logs and deficiency tracking

• Site observations and verification of system installation and operational readiness

• Development and oversight of pre-functional checklists and functional performance testing procedures

• Witnessing and documenting functional performance testing performed by contractors

• Verification of system operation in accordance with project requirements and design intent

• Review and verification of owner training, operations manuals, and closeout documentation

• Preparation of commissioning reports and final documentation

• Seasonal testing and deferred testing services when required

• Support for enhanced commissioning and sustainability initiatives where applicable

• Assistance with troubleshooting, optimization, and operational improvements for existing systems

Commissioning services shall generally align with applicable industry standards and best practices, including ASHRAE commissioning guidelines and other recognized commissioning protocols

5. Special inspections and testing The selected Special Inspections and Testing Consultant will provide special inspection, materials testing, quality assurance, and reporting services associated with renovation, infrastructure, seismic, and capital improvement projects. Services shall support compliance with applicable building codes, project specifications, and jurisdictional requirements throughout construction.

Typical services may include, but are not limited to, the following:

• Reinforced concrete inspections and testing

• Structural steel and structural framing inspections

• Proprietary anchor inspections and pull testing

• Structural grouting inspections and testing

• Ultrasonic testing and non-destructive testing (NDT) services

• Welding inspections and related testing services

• Soils testing, compaction testing, and field density testing as required

• Masonry inspections and testing services

• Fireproofing and fire-resistive material inspections as required

• Verification of compliance with approved construction documents, specifications, and applicable building codes

• Preparation of inspection reports, testing documentation, and agency-required compliance records

• Coordination with contractors, architects, engineers, testing laboratories, and jurisdictional authorities

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• Attendance at project meetings and support for construction coordination efforts

• Final inspection summaries, deficiency tracking, and project closeout documentation

• Additional special inspections and testing services for structural and non-structural components as required by the project or Authority Having Jurisdiction (AHJ)

Assume all soil-related testing and inspection will be performed by the geotechnical engineer of record. Assume services are to include field inspections and testing, laboratory testing, and project management, and administrative services. A Special Inspection Final Letter will be required for all projects.

6. Hazardous Materials Surveying and Testing The selected Hazardous Materials Consultant will provide environmental assessment, hazardous materials surveying, testing, reporting, abatement design support, and construction-phase services associated with renovation, demolition, infrastructure, and capital improvement projects. Services shall support regulatory compliance, occupant safety, and project coordination within active campus environments.

Typical services may include, but are not limited to, the following:

• Phase I Environmental Site Assessments (ESA) and related environmental investigations

• Hazardous materials surveys and testing including asbestos-containing materials (ACM), lead-based paint (LBP), PCB-containing materials, mold, moisture intrusion, radon, and other regulated materials

• Preparation of hazardous building materials surveys, technical reports, abatement recommendations, and regulatory documentation

• Sampling, laboratory coordination, and analysis of suspect hazardous materials

• Development of abatement design documents, technical specifications, bid packages, and cost estimates

• Coordination with local, state, and federal regulatory agencies and permitting authorities

• Bid period support services including contractor questions, addenda support, and bid review assistance

• Construction administration services including site observations, inspections, air monitoring, clearance testing, and compliance verification

• Coordination with architects, engineers, contractors, and College representatives during design and construction

• Support for phased renovation and demolition work within occupied campus environments

• Preparation of final closeout documentation, reports, and regulatory compliance records

• Assistance with unforeseen hazardous material discoveries and emergency response support as needed

The selected Civil Engineering Consultant will provide planning, design, coordination, permitting, and construction support services for campus infrastructure and site improvement projects. Services may include improvements to parking lots, roadways, sidewalks, ADA accessibility upgrades, utilities, stormwater infrastructure, campus entrances, athletic and aquatics-related infrastructure, and other civil/site development needs associated with the College’s capital improvement program.

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The College anticipates multiple phased infrastructure and site improvement projects occurring within an active campus environment. The selected consultant shall demonstrate experience coordinating civil engineering improvements within occupied educational facilities while minimizing disruption to campus operations and maintaining safe pedestrian and vehicular circulation.

Typical services may include, but are not limited to, the following:

• Existing site investigations, utility verification, and site assessments

• Topographic coordination and support with survey services

• Parking lot and roadway design and improvements

• ADA accessibility evaluations, design upgrades for paths, sidewalks, ramps, and parking

• Campus circulation, traffic flow, and pedestrian safety improvements

• Stormwater management and drainage analysis/design

• Utility infrastructure coordination and design

• Main entrance, wayfinding, and campus access improvements

• Athletic and aquatics-related site and utility infrastructure improvements

• Site grading, erosion control, and permitting support

• Coordination with local jurisdictions and permitting agencies

• Preparation of civil engineering drawings, specifications, and cost estimates

• Coordination with architectural, structural, MEP, landscape architecture, and other consultants

• Construction administration support including submittal review, RFIs, site observations, and punch list support

• Support for phased construction and occupied campus environments

• Assistance with sustainable and resilient infrastructure planning where applicable

The selected Permit Expeditor / Permitting Specialist Consultant will provide permitting coordination, agency liaison, and entitlement support services for capital improvement and infrastructure projects associated with the College’s bond and facilities improvement program. Services will support timely project delivery through proactive coordination with local and state jurisdictions, utility agencies, and regulatory authorities.

Typical services may include, but are not limited to, the following:

• Coordination and management of project permitting processes with local and state agencies

• Development and tracking of permitting schedules and approval timelines

• Early coordination meetings with Authorities Having Jurisdiction (AHJs)

• Assistance identifying permitting requirements, submittal pathways, and agency expectations

• Preparation, assembly, and coordination of permit application packages

• Monitoring permit review status and facilitating agency comments/responses

• Coordination with design consultants, engineers, contractors, and College stakeholders to address permit review comments

• Support for land use, site development, utility, right-of-way, building, and trade permit processes as applicable

• Coordination with utility providers and public agencies for infrastructure-related approvals

• Assistance with phased permitting strategies to support accelerated project schedules

• Tracking permit conditions, inspections, and jurisdictional approvals throughout construction

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• Support for occupancy approvals, final sign-offs, and project closeout documentation

• Identification of potential permitting risks and proactive mitigation strategies to avoid schedule impacts

The College anticipates multiple concurrent projects requiring coordination across various permitting agencies and jurisdictions. The selected consultant should demonstrate experience navigating complex public-sector permitting processes and supporting phased construction projects within active educational or institutional campuses.

V. SUBMITTAL FORMAT AND SELECTION CRITERIA

As part of the Statement of Qualifications, proposers shall:

Statements of Qualifications shall identify the professional service(s) for which you are proposing in a clear and concise manner. If you are submitting on more than one service, a separate SOQ (email) is required to be submitted for each service. Responses shall be provided as a single PDF (again for each service). Please limit submittals to 20 pages explaining the reasons that your firm is qualified to provide the service. Refrain from extensive promotional literature (trade show literature, example mailers, etc.). Be direct. Resumes for key personnel may be included as an appendix and will not count toward the 20-page submittal limit. The resume appendix shall not exceed five (5) additional pages.

Complete and submit Attachment #3 – Professional Services Proposal Form using the proposer’s current business information. Attachment #3 shall be signed and will not count toward the 20-page Statement of Qualifications limit.

Completion and submission of Attachment #3 – Professional Services Proposal Form shall serve as the proposer’s acknowledgment that they have reviewed and understand Attachment #1 (Program Framework / Potential Projects List) and Attachment #2 (Draft Professional Services Agreement).

The selection committee will score proposers based on the criteria listed below and the points available per selection criteria for a maximum of 100 total points. The selection committee anticipates awarding up to a maximum of two for each professional scope of services identified in section IV above.

A. Proposed Staff (20 Points)

a. Provide resumes for each key staff member, if applicable, including relevant experience.

b. Provide firm’s current workload and ability to meet the schedule noted in Section III above.

B. Relevant Experience (20 Points)

a. Provide a description of the history and capabilities of your firm.

b. Provide project and program profiles of three (3) successfully completed or ongoing professional services similar in scope and complexity to those outlined in Section IV above.

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C. Local Experience (20 Points)

a. Describe your experience working with local jurisdictions.

D. References (20 Points)

a. Provide three (3) owner, three (3) design team, and three (3) contractor references for review. Provide the name, firm, and current contact number. We may contact all or some of the references provided.

E. Hourly Rates (20 Points)

a. Provide hourly rates for key personnel and all additional charges including mileage, printing, and consumables. Fee proposals shall NOT be included, as this is to form a master retainer list from which fees will be solicited as each work project is defined.

b. If applicable prevailing wage requirements apply to the proposed services, proposers shall include all associated prevailing wage labor costs within their submitted hourly rates.

VI. SCHEDULE OF EVENTS

DATE: EVENT:

May 15, 2026, Advertisements (First)

May 18, 2026 Request for Qualifications Available to proposers

June 6, 2026, 5pm Last Day for Questions

June 11, 2026, SOQ DUE at 2:00 PM (See cover page for delivery methods)

June 25, 2026, All submitters will be notified of results

VII. QUESTIONS

All questions related to this RFQ shall be submitted via email no later than noted above in Section VI.

Schedule of Events and addressed to:

See cover page for these instructions

VIII. RESERVATIONS

The “College” expressly reserves the following rights:

A. To reject any and all proposals.

B. To reject any proposals not meeting the specifications set forth herein.

C. To waive any or all irregularities in proposals submitted.

D. To short list firms as the College deems appropriate.

E. To select one or more firms to perform professional services.

IX. ATTACHMENTS

ATTACHMENT #1 – Potential Projects List ATTACHMENT #2 – Draft professional services agreement ATTACHMENT #3 – Professional Services Proposal Form

WP = Work Package)

Project Group Potential target Construction Schedule (calendar year) Project Focus Scopes Building / Location

Target Design / Cost of Work

31,997,518$ 22,398,263$ A/E Project #1 (WP1-A) Summer 2027 Hardening and modernization of Public Safety Dispatch Bldg. 13 $ 350,000.0 A/E Project #1 (WP1-A) Summer 2027 Electronic mass notification system College Wide $ 70,000.0 A/E Project #1 (WP1-B) Summer 2026 / 2027 Expanding Gresham Campus fire alarm notification Gresham + Maywood Campus $ 1,715,000.0 A/E Project #1 (WP1-A) Summer 2027 Maywood and Bruning mass notification systems Gresham + Bruning Campus $ 175,000.0 A/E Project #1 (WP1-A) Summer 2027 / 2028 Electronic card access system, tied into alarm system College Wide $ 5,600,000.0 A/E Project #1 (WP1-A) Summer 2027 Electronic lockdown for Gresham, Maywood, Bruning College Wide $ 700,000.0 A/E Project #1 (WP1-A) Summer 2027 Improved video surveillance tied into alarm/access systems College Wide $ 838,262.6 A/E Project #1 (WP1-A) Summer 2027 / 2028 Improved security for glass and general areas Gresham + Maywood Campus $ 1,120,000.0 A/E Project #1 (WP1-B) Summer 2026 / 2027 Emergency communications towers Gresham Campus $ 350,000.0 A/E Project #1 (WP1-C) Summer 2027 / 2028 Seismic improvements to Academic Center Library (Bldg 13), AC Expansion Joints Bldg. 13 + Bldgs. 10-17 $ 9,170,000.0 A/E Project #1 (WP1-C) Summer 2027 / 2028 Seismic improvements to Gymnasium (Red Cross Shelter) Bldg. 1 ? $ 1,925,000.0 A/E Project #1 (WP1-C) Summer 2027 / 2028 Seismic improvements to Gymnasium Support Bldg Bldg. 1 ? $ 385,000.0

26,321,568$ 18,425,098$ A/E Project #2 (WP2-A) Start Summer 2027 Health Professions Consolidation Bldg. 17 (Existing is at Bruning Campus) $ 6,683,913.6 A/E Project #2 (WP2-A) start Summer 2027 Science lab renovations Bldgs. 15 + 16 + 17 $ 11,741,184.0

41,702,931$ 22,986,683$ A/E Project #3 (WP3-A) Start Summer 2028 Athletic Facilities (Locker rooms, Softball) Bldg. 1 $ 4,689,708.8 A/E Project #3 (WP3-B) Summer 2027 Elevators and Accessibility Gresham + Maywood Campus $ 840,000.0 A/E Project #3 (WP3-C) Summer 2027 Student Club Improvements Gresham Campus $ 1,345,344.0 A/E Project #3 (WP3-C) Summer 2027 Library and Student Support Areas Bldg. 13 $ 7,303,296.0 A/E Project #3 (WP3-C) Summer 2027 Student activity nodes (student lounge, all gender restrooms, access improvements) Gresham Campus $ 4,539,924.2 A/E Project #3 (WP3-D Summer 2027 Improve campus welcoming feel / wayfinding College Wide $ 2,201,472.0 A/E Project #3 (WP3-C) Summer 2027 Food Service Gresham Campus $ 2,066,937.6

44,515,884$ 24,098,544$ A/E Project #4 (WP4-A) Summer 2027 / 2028 / 2029 Classroom refresh (Facilities) College Wide $ 9,411,172.8 A/E Project #4 (WP4-A) Summer 2027 / 2028 / 2029 Classroom refresh (IT) College Wide $ 1,960,000.0 A/E Project #4 (WP4-B) Summer 2027 / 2028 / 2029 All gender and restroom improvements College Wide $ 4,659,780.3 A/E Project #4 (WP4-C) Summer 2027 / 2028 Building Envelope (Enclosure, roofs, windows, doors) College Wide $ 7,465,591.0 A/E Project #4 (WP4-B) Summer 2027 / 2028 Interior Finishes (casework, finishes, carpet, paint, ADA) College Wide $ 602,000.0

4,809,352$

Direct Consultant Civil Project #5 (WP4-D) - 2 summers Summer 2027 / 2028 Infrastructure (Parking lot, roads, sidewalks, Main Entrance, utilities, Aquatics systems)

College Wide

$ 3,234,352.1 Direct Consultant Include in other projects Asbestos Abatement College Wide $ 175,000.0

Direct Consultant HazMat Project #6 (WP4-E) -2 summer Summer 2027 1 Million gallon storage tank drain and fill

Bldg. 17 $ 1,400,000.0

Repair and Update Facilities - (WP#4)

Development of Design and Construction Standards (WP#5)

Direct Consultant Scope to College

Secure the Campus (WP#1)

Expand Career Education Facilities (WP#2)

Serve the Community/Enhance Campus Experience (WP#3)

ATTACHMENT #1

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AGREEMENT FOR CONSULTING SERVICES

THIS AGREEMENT is entered into as of ___________, 20 __ by and between the Mt. Hood Community College, 26000 S.E., Gresham, Oregon 97236 (“Owner”) and ___________________ (“Consultant”) for the following Project:______________________.

A. The Owner desires to engage the Consultant to perform certain technical, professional, and/or other services described in this Agreement (“Services”), including the Services described in Exhibit A.

B. The Consultant represents that it is in all respects qualified and capable of performing the

Services, and has an established record of providing the type of services covered by this Agreement.

C. The employees of the Consultant assigned to this Project who will be responsible for the

Services are ___________. The employee of the Consultant who represents the Consultant on this Project, who has authority to bind the Consultant, and who shall not be changed without the Owner’s written consent, is______________.

D. The Owner’s Project representative is R&C Management Group, LLC. All communications from the Consultant to the Owner shall be through this Project representative.

E. The Owner agrees to pay the Consultant a fee (“Fee”) as described in Section 5 for the

Services under this Agreement. Any Services beyond those described in this Agreement will only be performed as a Change in Services.

F. The Services will be completed by ___________, 20__ (“Completion Date”), which represents a range of time in which the Services will be needed.

G. The Consultant warrants that it has secured and will maintain for the duration of this

Agreement, plus one year, insurance in the minimum amounts specified as follows:

Type of Insurance Each Occurrence Aggregate Worker’s Compensation (Statutory) (Statutory) Comprehensive General Liability $2,000,000 $3,000,000 Comprehensive Automobile Liability $2,000,000 $3,000,000 Errors and Omissions $2,000,000 $3,000,000 Employers Liability $2,000,000 $3,000,000

AdamCormack Typewritten Text

ATTACHMENT #2

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AGREEMENT

1. Contractual Relationship

a. Independent Contractor. The Consultant shall be and operate as an independent contractor and shall have exclusive control over and responsibility for the conduct of all personnel performing the Services. By its signature on this Agreement, the Consultant certifies that the services to be performed under this Agreement are those of an independent contractor as defined in O.R.S. 670.600, and that the Consultant is solely responsible for the work performed under this Agreement. The Consultant represents and warrants that the Consultant, its subconsultants, employees, and agents are not “officers,” “agents,” or “employees” of the Owner within the meaning of the Oregon Tort Claims Act (O.R.S. 30.260 through 30.300). The Consultant shall perform the Services in accordance with its own methods and in an orderly and professional manner. The Consultant is not authorized on behalf of the Owner to enter into any agreements, to waive or modify any provisions of the Owner’s contracts with third parties, to receive or accept contractual notice, to authorize payment, or to accept or approve any change in the Contract Sum or Contract Time as set forth in the construction Contract Documents. Any such actions by the Consultant are on its own behalf, and not on the behalf of the Owner. This Agreement does not preclude the Consultant from undertaking work or assignments from other colleges, agencies or individuals.

b. Benefits. The Owner shall not be responsible for fringe benefits, withholding, paying of any taxes on behalf of Consultant or Consultant’s employees or agents, or remuneration above the amount stipulated in this Agreement. The Consultant shall be responsible for all federal, state, and local taxes, including any and all gross receipts taxes, and any and all fees applicable to payments for services under this Agreement.

2. Scope of Service

a. Services. The Consultant shall perform Services pursuant this Agreement as more fully described in Exhibit A hereto. The timing for performing the Services is of the essence. Any terms in any of the Exhibits that are inconsistent with this Agreement, any of the Consultant’s standard terms that are not specific to this Agreement, and any limitations or extensions of liability therein are void unless each such term is initialed by both parties.

b. Performance. All of the Services will be performed by or through the Consultant in a satisfactory, proper and professional manner, and with skill and diligence subject to the applicable standard of care. None of the Services shall be subcontracted without prior written approval of the Owner. At the time of performance, the Consultant shall be properly licensed, equipped, organized and financed to perform the Services. The Consultant shall be familiar with the Project requirements, such as the program, Project site work area, Contract Time, and other information affecting the Consultant’s services.

c. Correction. The Consultant shall, at no cost to the Owner, promptly and satisfactorily correct and/or complete any Services found to be defective, incomplete, or not in

P a g e 3 | 12 conformity with the requirements of this Agreement. If the Consultant fails to initiate corrections within fifteen days of receipt of written notice from the Owner, the Owner may do so, by contract or otherwise, and recover (e.g., by offset against the compensation otherwise payable under this Agreement) from the Consultant the reasonable costs it incurred. The obligations of the Consultant to correct nonconforming Services shall not in any way limit any other obligations of the Consultant. The Owner’s right to make corrections and charge the Consultant for them is in addition to any other rights and remedies available to the Owner under this Agreement or otherwise by law and shall in no event be construed or interpreted as obligating the Owner to make any correction of defective or nonconforming Services.

d. Compliance. The Consultant shall comply, and shall contractually require that the

Services of all its subconsultants to comply, with all applicable federal, state, and local laws, regulations, codes, orders, ordinances, and Oregon Occupational Safety and Health (OSHA) laws, codes, regulations, and administrative orders.

e. Conflicts. The Consultant has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner with the performance of the Services.

The Consultant will not employ any person in the performance of this Agreement having any such interest.

3. Personnel

a. The Consultant will secure at its own expense all personnel, material and equipment required to perform the Services. These personnel shall not be employees of, or have any contractual relationship with, the Owner or its contractors, and they shall be experienced, fully qualified and authorized under applicable law to perform their portion(s) of the Services.

b. The Consultant may designate and appoint subconsultants after conferring with the

Owner regarding their selection. The Consultant shall not appoint a subconsultant to which the Owner has a reasonable objection. The Consultant shall incorporate the provisions of this Agreement and a scope of Services consistent with the requirements of the Project into the contracts with subconsultants. Any subcontracting of any of the Services shall not relieve the Consultant from its responsibility for the performance of the Services in accordance with the terms of this Agreement.

4. Time of Performance

Time is of the essence. The Services shall be undertaken so as to assure their expeditious completion. The Services shall be completed by, and the Agreement shall remain in effect until, the Completion Date unless cancelled prior to that date pursuant to this Agreement.

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5. Compensation

a. Fee. The Owner agrees to pay the Fee for Services satisfactorily rendered. Any costs incurred by the Consultant in excess of the Fee are the responsibility of the Consultant unless approved in writing by the Owner prior to being incurred.

(Check one):

� A fixed, lump sum Fee of $__________ as full and complete compensation for the Services and as further described in Exhibit A. Any costs incurred by the Consultant in excess of the Fee are the responsibility of Consultant unless approved in writing by the Owner prior to being incurred.

or

� Compensation for Services of the Consultant shall be on an hourly basis at the rates listed in Exhibit B. The Compensation for Services, including any subconsultants, shall not exceed $__________, without the prior written approval of the Owner.

b. Reimbursable Expenses. In addition to the Fee, the Owner agrees to pay the Consultant a multiple of 1.1 times the following Reimbursable Expenses to the extent paid by the Consultant in the interest of the Project and shall not exceed (check as appropriate, if any)

� Expenses in connection with pre-authorized travel and mileage costs;

� Transportation, including mileage at the current IRS rate of reimbursement;

� Expenses of reproduction, except for reproduction for the internal use of the Consultant and its subconsultants; and

� Other:

c. Changes in Services. Additional compensation for a pre-authorized Change in Services shall be paid as agreed in writing prior to commencement of the Services.

The Consultant will not, however, be entitled to additional compensation for Services incurred because of the fault of the Consultant. Failure of the Consultant to obtain the Owner’s prior written agreement to pay for additional services shall be a waiver of any claim thereto.

d. The Consultant will submit a detailed monthly written request for payment and a progress report certifying that it has performed the designated Services under the Agreement, and that it is entitled to receive the amount requested. Payment will be made on the basis of the actual Services approved as completed. All invoices shall be on a form provided or approved by the Owner. The Owner will pay the Consultant within thirty days of receipt of the request and report. Payments due and owing but

P a g e 5 | 12 unpaid shall bear interest at the Bank of America Prime Rate plus 2% after thirty days. Acceptance of final payment of the Fee by the Consultant shall release, waive, and forever discharge the Owner from any and all claims, liens, demands, and liabilities arising from or in any way connected to the Project or this Agreement, unless the Consultant identifies such controversy or claim, with specificity and in writing, on Consultant’s final request for payment.

6. Changes in Services

The Owner may, at any time, require changes in the scope of the Services. A Change in Services, including any increase or decrease in the Consultant’s compensation and/or time of performance, will be incorporated in written amendments to this Agreement when mutually agreed upon in advance by both parties.

7. Indemnification

a. To the fullest extent permitted by law, including O.R.S. 30.140, the Consultant hereby agrees to reimburse, indemnify, and hold harmless the Owner, its successors and assigns and the directors, officers, managers, members, employees, and agents of each of the foregoing (“Indemnified Parties”), from, for, and against any and all claims of third parties and losses, harm, costs, liabilities, damages, and expenses (including, but not limited to, reasonable attorneys’ fees incurred on such claims or in proving the right to indemnification) arising or resulting from such claims of third parties in any way arising out of or in connection with any negligence in or intentional misconduct regarding the performance of the services or obligations of the Consultant or any of its subconsultants of any tier, the respective successors and assigns of the Consultant or any such subconsultants, the directors, officers, managers, members, employees, and agents of each of the foregoing, or anyone acting on the Consultant’s behalf in connection with this Agreement or its performance; PROVIDED, however, that the Consultant shall not be required to so reimburse, indemnify, and hold harmless, any of such Indemnified Parties against liability for damages caused by or resulting from the sole negligence of the Indemnified Parties; PROVIDED FURTHER that if such damages are caused by or result from the concurrent negligence of the Indemnified Parties or third parties and of the Consultant or its agents, consultants, or employees, then the Consultant’s obligation to reimburse, indemnify, and hold harmless, hereunder shall be limited to the extent of the negligence of the Consultant or its agents, subconsultants or employees; PROVIDED FURTHER that, to the extent allowed under Oregon Law, the Consultant agrees to waive its immunity under Oregon Workers’ Compensation Law as to the Indemnified Parties only. The Consultant acknowledges and agrees that the Owner’s obligations under this Agreement are subject to the limitations of the Oregon Tort Claims Act (O.R.S. 30.260-30.300).

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8. Insurance

a. Certificates and Endorsements. The Consultant shall, at its own cost, maintain in full force and effect, with limits no less than the amounts set forth in the Agreement, a policy of comprehensive/commercial general liability insurance on an occurrence form. The Consultant shall not commence performance of Services under this Agreement until all required insurance has been obtained and a certificate and endorsements have been submitted to the Owner. A certificate of insurance and endorsement shall be submitted upon execution of this Agreement that reflects the insurance required in this Agreement, identifies the Owner as additional insured (to the extent allowed by Oregon law) and indicates that the insurance is primary and non-contributing. The insurance policy shall bear an endorsement that the policy shall not be cancelled or the policy limits reduced by endorsement below the coverage required by this Agreement for any reason other than nonpayment of premiums except upon thirty days’ prior notice to the Owner and only after ten days’ prior written notice for non-payment of premiums. All insurance is to be provided by insurance companies licensed in the State of Oregon with an A.M. Best’s rating of not less than A VIII. The insurance requirement shall not reduce the obligations of the indemnification agreement set out in Section 7. Lapse of coverage or failure to furnish satisfactory evidence of insurance is cause for termination of this

b. The Owner’s specification or approval of the insurance in this Agreement or of its amount shall not relieve, limit or decrease the liability of the Consultant under the Agreement or otherwise. Coverages are the minimum to be provided and are not limitations of liability under the Agreement, indemnification, or applicable law provisions. The Consultant may, at its expense, purchase larger coverage amounts or additional insurance.

c. Failure of the Consultant to secure and maintain insurance with the coverages and limits required by this Agreement will be a material breach of the Agreement entitling the Owner, at its discretion and without waiving any other remedies, to

(a) withhold payments or recoup payments already made to the Consultant for services on the Project, (b) terminate the Consultant for cause, and (c) purchase any additional insurance it deems reasonable necessary to protect itself at the expense of the Consultant. The Consultant consents to the Owner procuring replacement insurance in Consultant’s name and will cooperate in all respects with Owner’s efforts in procuring additional or replacement insurance. The Owner will have the discretion to purchase an Owner’s protective policy or other similar policy that affords to Owner coverages and limits providing reasonably equivalent protections as Owner would have received if Consultant and its subconsultants maintained the insurance required by this Agreement. The Owner’s costs incurred in finding replacement insurance or an Owner’s protective policy will either be reimbursed directly by the Consultant or may be offset against amounts owed by the Owner to the Consultant on the Project or other projects. This requirement will remain enforceable for the duration of the applicable statute of repose or for ten years after

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Final Completion, whichever is longer. The insurance requirements under this Agreement can only be waived or modified by the Owner by an express written instrument signed by the Owner acknowledging the reduced coverages or limits. No other act or omission by the Owner or its agents, including but not limited to

(a) implicit or verbal acceptance or approval of reduced coverages or limits or

(b) failure to require proof of compliant insurance, will amount to the Owner’s waiver of the insurance requirements of this Agreement.

9. Dispute Resolution

a. Mediation. Any dispute arising out of or relating to this Agreement, or the breach thereof, shall first be subject to mediation using the Construction Mediation Rules of the American Arbitration Association (“AAA”). To initiate the mediation process, a party shall submit a written mediation request to the other party. If the parties are unable to agree to a mediator within thirty days after the receipt of the written request for mediation, either party may submit a request for mediation to the AAA.

b. Mediation Procedure. A principal of the Consultant and the Superintendent or designee of the Owner, both having full authority to settle the claim (subject to ratification by the Owner’s Board of Directors), must attend the mediation session.

To the extent there are other parties in interest, such as subconsultants, contractors, and/or designers, their representatives, with full authority to settle the claim, shall also attend the mediation session. Each party shall share the costs of mediation equally. Unless the Owner and Consultant mutually agree in writing otherwise, all unresolved Claims in the Project shall be considered at a single mediation session which shall occur after Substantial Completion but prior to Final Acceptance of the Project by Owner.

c. Litigation. The Consultant may not bring litigation unless it has been properly addressed in the above dispute resolution procedure.

d. No Waiver. The requirements of this Section cannot be waived except by an explicit written waiver signed by the Owner’s Superintendent.

e. Maintenance of Responsibilities. The parties shall diligently carry on their respective obligations and responsibilities and maintain the schedule of this Agreement during any dispute resolution proceedings, unless otherwise agreed by both parties in writing.

f. Waiver of Consequential Damages. The Consultant and the Owner waive consequential damages against one another for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement. This waiver does not, however, extend to third-party claims under Section 7.

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10. Suspension and Termination

a. Suspension by the Consultant. If any undisputed amount remains due and owing after a period of ninety days from the date the Consultant submits a monthly invoice, the Consultant may cease performing Services on the Project until all undisputed monies due are paid in full. The Consultant will not incur any liability for damages due to delay as a result of stopping performance of Services due to the Owner’s failure to pay undisputed amounts for Services rendered.

b. Suspension by the Owner. The Owner may, at its option, suspend all or a portion of the Services by notifying the Consultant in writing, and the Consultant shall be compensated for Services performed prior to notice of the suspension. When the Services are resumed more than thirty days after suspension, the Consultant shall be compensated for expenses incurred in the interruption and resumption of the Consultant’s Services, and the Consultant’s Fee for the remaining Services and the time schedules shall be equitably adjusted.

c. Termination by Consultant. Should the Owner fail materially to perform in accordance with the terms of this Agreement through no fault of the Consultant, the Consultant may terminate…