Newberg_HVAC_RFP_Update 11_9.docx.pdf

NEWBERG SCHOOL DISTRICT 28J

REQUEST FOR PROPOSALS

Heating, Ventilation, and Air Conditioning (HVAC) Maintenance and Repair Services

Issued: November 9, 2026

Submittal Location: 714 E 6th St., Newberg, OR 97132

RFP#2027-01

INTRODUCTION

NEWBERG SCHOOL DISTRICT 28J (District) is requesting competitive proposals under ORS 279B for HVAC preventive maintenance, inspection, servicing, and repair services at District facilities. The District intends to award a services contract to the responsible proposer whose proposal is most advantageous to the District based on the evaluation factors and process stated in this RFP. School district experience and references, technician qualifications and experience, HVAC technical capability, Schneider controls experience, guaranteed response times, and evaluated annual price will be considered as weighted in the Evaluation Criteria section below. The District will evaluate proposals using the same stated criteria and will document its award determination.

A mandatory pre-proposal meeting is scheduled for Tuesday, November 24, 2026, at 9:00 AM at Newberg High School, 2400 Douglas Avenue, Newberg, OR 97132. Check in at the Main Office. A proposer must ensure that at least one representative of the proposing firm attends and signs the District attendance record. The District will make the attendance record part of the procurement file. A proposal submitted by a firm that did not have a representative attend will be considered nonresponsive, unless the District cancels or waives the mandatory requirement by written addendum issued to all prospective proposers. Statements made by District representatives at the pre-proposal meeting are not binding on the District unless confirmed by written addendum. Contact Ben Burkhardt at burkhardtb@newberg.k12.or.us or 503-554-5022 to confirm intent to attend the meeting and receive more details.

SCOPE OF WORK

The District seeks proposals from firms capable of providing HVAC preventive maintenance, inspection, servicing, and repair services at the facilities listed below. The contractor shall perform the work described in the resulting District contract, applicable equipment manufacturers’ requirements, and the highest standards prevalent in the HVAC service industry. The District and successful proposer will finalize a detailed equipment inventory, maintenance schedule, and service procedures before work begins. Any negotiated scope must remain within the scope and evaluation framework of this RFP.

1. Newberg District Office

2. Newberg Physical Plant

3. Antonia Crater Elementary School

4. Dundee Elementary School

5. Edwards Elementary School

6. Ewing Young Elementary School

7. Joan Austin Elementary School

8. Mabel Rush Elementary School

9. Chehalem Valley Middle School

10. Mountain View Middle School

11. Newberg High School

12. Catalyst High School

13. SAIL Building

14. Other buildings as defined by the District

The district has a variety of HVAC equipment requiring maintenance and service. Equipment Inventory will be provided at the pre-proposal meeting. Equipment includes, but is not limited to, the following:

mailto:burkhardtb@newberg.k12.or.us

1. Condensing boilers

2. Gas-fired boilers

3. Diesel-fueled boiler

4. Water-cooled chillers

5. Air-cooled chillers

6. Cooling towers

7. Air handlers

8. Split systems

9. Rooftop unit packaged equipment of various sizes

10. VRF systems

11. Manufacturers and equipment brands include, but are not limited to, Aerco, KN, Lochinvar, Trane, Carrier, Mitsubishi, and Weil-McLain.

The District intends to award one services contract to the responsible proposer whose proposal is determined in writing to be most advantageous to the District under the evaluation factors in this RFP. The District may reject any or all proposals or cancel this RFP when permitted by ORS 279B.100 and applicable District public contracting rules.

The District will not make an award based on undisclosed criteria. Any multiple award or award by separate portions must be expressly identified by addendum before proposals are due. Preferences required by ORS 279A.120 (preference for Oregon goods and services) and ORS 279A.125 (preference for recycled materials) will be applied in the evaluation to the extent applicable to this procurement.

PREVAILING WAGE AND PUBLIC WORKS. This RFP is primarily for HVAC maintenance and repair services procured under ORS Chapter 279B. Whether particular work is a public works project subject to ORS 279C.800 to 279C.870 depends on the nature and statutory status of that work; not every maintenance or service call is automatically subject to prevailing wage requirements. If the District determines that separately authorized work is a public works project subject to prevailing wage requirements, the District will identify the applicable requirements before that work begins. The contractor and all subcontractors shall then comply with applicable BOLI prevailing wage rates, fringe benefits, payroll and recordkeeping requirements, public works bond requirements, and other requirements of ORS Chapter 279C. The contractor shall promptly notify the District if proposed work may qualify as public works. No contractor may begin such work until the District has issued written authorization and addressed the applicable procurement and contract requirements.

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The proposer and any subcontractor performing work for which an Oregon Construction Contractors Board license is required shall hold and maintain the appropriate active license under applicable Oregon law, including ORS Chapter

701. The proposer shall provide its CCB license number and, upon request, evidence of required licenses, registrations, and trade certifications. A CCB license is not required for activities that are exempt from licensure under Oregon law.

All materials and equipment shall be installed and serviced in accordance with manufacturer instructions, applicable codes, and industry standards. The contractor shall provide signs, barriers, and protection reasonably necessary to protect students, staff, the public, property, and completed work. The contractor shall warrant labor and materials for at least one year from the District’s written acceptance of the applicable work, unless a longer manufacturer or contract warranty applies.

Contractor shall provide and use their own tools for the job, including but not limited to ladders.

Contractor shall be responsible for securing their work space upon departure, including, but not limited to, roof access points, classroom doors, and all exterior doors that they accessed.

Contractor shall leave the work space in similar or better condition than they found it. For example, all construction debris shall be cleaned before departing the work site.

The contractor shall not introduce or install asbestos-containing building materials. Any asbestos inspection, abatement, or other regulated asbestos activity shall be performed only by properly licensed or certified persons when required by ORS 468A.700 to 468A.760 and applicable rules. The contractor shall comply with applicable asbestos requirements, including ORS 468A.710, and shall not disturb suspected asbestos-containing material. Work involving suspected or known hazardous materials must stop and be reported to the District.

Any Contractor or their employee who will be on District property routinely without the supervision of a District employee is required to complete the District’s criminal background check and fingerprinting protocols. Contractor and their employees shall complete the processes prior to commencing work on the referenced project. While on District property, Contractors and their employees shall be required to wear identifying clothing and a District identification badge and shall provide photo identification upon request. No Contractor or Contractor employee will be allowed in occupied classrooms, student restrooms, or locker rooms without District employee supervision.

Contractor or contractor employee shall check in at the school office upon arrival and departure from the site.

District structures may contain hazardous materials, including asbestos, lead, and PCBs. Before performing work that could disturb such materials, the contractor shall review information made available by the District, train employees and subcontractors regarding applicable hazards, and comply with OSHA, DEQ, and other applicable requirements.

Records may be reviewed by contacting the Facilities Office at lozadatr@newberg.k12.or.us. The contractor shall immediately stop affected work and notify the District if previously unidentified suspect hazardous material is encountered.

Travel time: The District will compensate approved one-way travel labor at the applicable proposed standard or overtime hourly rate, up to 30 minutes per trip, from the contractor’s normal dispatch location to the District work site.

Travel time must be separately identified on invoices. Mileage, vehicle charges, and other travel expenses are not reimbursable unless expressly approved in writing by the District. The District may establish a different travel arrangement in the final contract.

WORK ORDERS, ESTIMATES, AND AUTHORIZATION. The contractor shall not perform work outside the agreed preventive maintenance schedule or incur charges beyond the contract’s authorized limits without prior written approval from the District’s designated representative. For repairs not covered by the fixed or scheduled services, the contractor shall provide a written estimate identifying labor, parts, materials, markup, travel, subcontractor costs, and anticipated schedule. The District may reject an estimate or obtain competing quotes. Emergency work necessary to protect life or property must be reported to the District as soon as practicable and documented in writing. The contractor shall provide a written service report for each visit, including work performed, equipment condition, readings, parts used, deficiencies, recommendations, and follow-up needs.

PUBLIC IMPROVEMENT PROJECTS. This services agreement does not itself authorize construction, reconstruction, major renovation, or other work that the District determines is a public improvement subject to ORS Chapter 279C.

Such work may require a separate solicitation, contract, exemption, advertisement, subcontractor disclosure, bonds, prevailing wage provisions, and other statutory steps. The District will determine the appropriate procurement method before authorizing such work. The contractor shall not divide, reclassify, or proceed with work in a manner intended to avoid applicable public contracting requirements.

SCHEDULE OF EVENTS

Event Date Publish RFP November 9, 2026 Mandatory Pre-Proposal Meeting November 24, 2026

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Proposals Due December 10, 2026, 2:00 PM Notice of Intent to Award December 17, 2026 Protest Period Ends December 2, 2026 Commencement of Services January 4, 2027 (anticipated; subject to final award and executed contract)

PROPOSAL EVALUATION PROCESS

A District selection committee will evaluate each responsive proposal using only the criteria and weights stated in this RFP. The committee will independently score each proposal. The District will calculate the average score for each proposer by adding the committee members’ scores and dividing by the number of committee members. The District may request written clarifications that do not permit a proposer to materially revise its proposal or gain an unfair competitive advantage. This RFP uses a single tier of competitive evaluation, followed by possible negotiation with the highest-ranked proposer. If the District adds interviews or another evaluation tier by addendum, the addendum will be issued at least five days before that tier begins and will describe the evaluation process for that tier, how results will be made available to participating proposers, and how a proposer eliminated from further competition may protest. A proposer that is not selected may protest as provided under Selection Protests. The District will document the evaluation and make a written determination that the selected responsible proposer is the most advantageous to the District based on the published factors.

The District may, if permitted by ORS 279B.060 and applicable District rules, negotiate with the highest-ranked proposer concerning the final scope and contract terms. Terms reserved for negotiation are limited to the detailed equipment inventory, preventive maintenance schedule, service procedures, and other details of the final scope of work. All other Exhibit B terms are fixed, except for proposer exceptions that the District expressly accepts in writing.

Negotiations may not materially change the solicitation or give the proposer an unfair advantage. If the District cannot reach an acceptable agreement with the highest-ranked proposer, the District may end negotiations and proceed as permitted by applicable law and rules. The District will provide notice of intent to award to each proposer evaluated in the final competitive tier.

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EVALUATION CRITERIA

The evaluation criteria total 50 points. The District will use the following criteria and maximum point values; no other scoring factors will be used:

Scoring guidance: (1) K-12 school district experience and references – 10 points, based on similarity and complexity of work, demonstrated performance, and reference feedback; (2) qualifications and experience of assigned technicians – 10 points, based on relevant years of experience, licenses/certifications, training, and staffing capacity;

(3) HVAC technical capability and equipment experience – 10 points, based on demonstrated experience with the equipment types and manufacturers listed in the Scope of Work; (4) Schneider controls experience – 5 points, based on demonstrated ability to troubleshoot, navigate, integrate, and support the District’s controls; (5) guaranteed response times – 5 points, based on the proposer’s written emergency and non-emergency commitments; and (6) evaluated annual price – 10 points, calculated as described below. The committee may award partial or zero points within each category based on the quality and completeness of the response.

Evaluated annual price. The District will calculate each proposer’s evaluated annual price by applying the proposer’s standard and overtime hourly rates and material markup percentages for each of the 2026/27, 2027/28, and 2028/29 pricing years (Exhibit A) to the same hypothetical annual workload of 800 standard-rate hours, 20 overtime hours, and $50,000 in materials, and averaging the three annual results. The proposer with the lowest evaluated annual price will receive the maximum 10 points; every other proposer will receive points equal to 10 multiplied by the lowest evaluated annual price divided by that proposer’s evaluated annual price. The hypothetical workload is used for evaluation only and does not guarantee any quantity of work.

No. Criterion Points

1. K-12 school district experience and references 9

2. Qualifications and experience of assigned technicians 9

3. HVAC technical capability and equipment experience 9

4. Schneider controls experience 5

5. Guaranteed response times 5

6. Evaluated annual price 13 Total 50

TERMS AND CONDITIONS

The District anticipates entering into a written services contract with the successful proposer. The initial contract term is anticipated to begin January 4, 2027, and continue through June 30, 2029, unless earlier terminated under the contract. The District does not guarantee that it will award a contract. This RFP is not an offer to contract. No work may begin until the District and contractor execute the District’s written agreement and the District issues any required notice to proceed. The District’s contract terms in Exhibit B will govern. Proposer exceptions must be specifically identified in the proposal; silence will be treated as acceptance of Exhibit B.

QUESTIONS

All questions and contact with the District regarding any information in this RFP must be addressed in written form via email to Ben Burkhardt at burkhardtb@newberg.k12.or.us and clearly labeled in the subject line with the RFP number

(RFP#2027-01).

CHANGES OR MODIFICATIONS TO RFP (ADDENDA)

The District may amend this RFP before the proposal deadline by written addendum. Addenda will be distributed to all prospective proposers using the contact information available to the District and will become part of the solicitation.

Proposers are responsible for acknowledging all addenda. Only written addenda issued by the District may modify this RFP. The District may extend the proposal deadline by addendum when appropriate.

MODIFICATION OR WITHDRAWAL OF PROPOSALS

A proposer may modify or withdraw its proposal by written notice signed by an authorized representative and received by the person designated to receive proposals before the proposal deadline. The notice must clearly identify the solicitation and state whether it modifies or withdraws the proposal. If electronic submission is authorized by addendum, the instructions in that addendum will govern.

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For proposals submitted in hard copy, modifications or withdrawals must be delivered in a sealed envelope clearly marked with the RFP title, proposer name, and the words “Modification” or “Withdrawal,” as applicable.

MISTAKES BY PROPOSER

The District may waive minor informalities or irregularities only when permitted by applicable law and District rules and when the waiver does not prejudice other proposers or the integrity of the procurement. The District will not waive a material requirement or permit a substantive proposal change after the deadline where doing so would be unfair or unlawful.

CLARIFICATION OF RESPONSES

The District may request written clarification or additional information necessary to evaluate a proposal. Clarifications may not be used to permit a proposer to materially revise its proposal or cure a material deficiency after the deadline.

Any clarification process will be conducted consistently with ORS Chapter 279B and applicable District rules.

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SELECTION PROTESTS

A proposer may protest the notice of intent to award or award, whichever occurs first, only if the proposer is adversely affected and eligible for award if the protest is successful, and only on grounds recognized by ORS 279B.410 and applicable District public contracting rules. A protest must be in writing, identify the RFP, state the specific legal and factual grounds, include supporting information, and state the relief requested. Unless a different period is expressly stated in an addendum, the protest must be received within seven (7) calendar days after issuance of the notice of intent to award or award, whichever occurs first, consistent with the applicable rule adopted by the District.

Protests of the solicitation. A prospective proposer may protest the procurement process or the content of this RFP under ORS 279B.405. Unless an addendum states otherwise, a written protest must be delivered to the person identified below not less than ten (10) calendar days before the proposal deadline (by November 30, 2026), must state the legal and factual grounds, the resulting harm, and the changes requested, and will be answered in writing before the proposal deadline. The District may respond by addendum or by canceling the solicitation.

Nathan Roedel – roedeln@newberg.k12.or.us Chief Financial Officer 714 E 6th St.

Newberg, OR 97132 Protests must be delivered to:

Nathan Roedel – roedeln@newberg.k12.or.us Chief Financial Officer Newberg School District 28J 714 E 6th St.

Newberg, OR 97132 The District will issue a written response to a timely protest. The District will not make the award final until the applicable protest period has expired and any timely protest has been resolved, as required by applicable law and District rules. Protests are governed by ORS 279B.410 and 279B.405 and Newberg Schools Board policy DJC and

DJC-AR

PROPRIETARY INFORMATION

The District will retain the RFP, proposals, and procurement records in accordance with applicable records-retention requirements. Procurement records are subject to Oregon Public Records Law, ORS Chapter 192. Under ORS 279B.060, proposals are not required to be open for public inspection until after the notice of intent to award is issued.

A proposer requesting protection for information must identify each specific portion claimed to be exempt and provide the legal basis for the claim. A proposer may not designate its entire proposal confidential. The District will make the final determination concerning disclosure under applicable law; a proposer’s designation does not guarantee nondisclosure.

A trade secret exemption may apply under ORS 192.345(2) only when the statutory requirements are met. The public-interest balancing provisions and other applicable disclosure requirements remain controlling. The District may consult legal counsel before disclosing or withholding disputed information.

To facilitate public inspection, any material claimed to be exempt must be submitted in a separate, clearly marked section, with a corresponding redacted copy of the proposal. The proposer must explain why each identified portion qualifies for an exemption. The District makes no promise that any designation will be accepted.

INSURANCE PROVISIONS

Contractor shall not commence any work until Contractor obtains, at Contractor’s own expense, all required insurance as specifically outlined in the resulting contract agreement between the District and Contractor. Such insurance must have the approval of Newberg School District 28J as to limits, form, and amount. Major requirements are:

1. COMMERCIAL GENERAL LIABILITY insurance including personal injury, bodily injury, and property damage with limits of $1,000,000 Per Occurrence / $2,000,000 General Aggregate / $2,000,000 Products and Completed Operations Aggregate. Aggregates shall apply per Project. Limits may be provided by Excess or Umbrella policy.

2. BUSINESS AUTOMOBILE LIABILITY insurance, comprehensive form with limits of at least $2,000,000 per Accident. The coverage shall include owned, hired, and non-owned automobiles.

3. SEXUAL ABUSE AND MOLESTATION. The Contractor’s General Liability policy must not specifically exclude coverage for sexual abuse and molestation. If sexual abuse and molestation coverage is excluded under the General Liability policy, evidence of separate sexual abuse and molestation coverage of not less than $500,000 per occurrence and $1,000,000 aggregate each claim, incident, or occurrence must be provided to the District in the form of a certificate of insurance and must be approved by the District prior to the execution of this Agreement.

4. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY insurance as statutorily required for persons performing work under this Agreement. Any subcontractor hired by Contractor shall also carry Workers’ Compensation

Newberg School District 28J – HVAC Maintenance and Repair Services RFP – 2027-01 page 7 of 16 and Employer’s Liability coverage, with limits of at least $500,000 each accident / $500,000 policy limit / $500,000 each employee.

ADDITIONAL REQUIREMENTS

Pursuant to ORS 279A.110(4), by submitting a proposal, the proposer certifies that the proposer has not discriminated against Minority, Women, or Emerging Small Business Enterprises in obtaining any required subcontracts.

Proposers are notified that the District has adopted policies prohibiting sexual harassment and that proposers and their employees must comply with applicable District policies while interacting with District employees, students, and members of the public.

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PROPOSAL REQUIREMENTS

Proposals must be received by the District no later than 2:00 PM Pacific Time on Thursday, December 10, 2026. Late proposals will not be considered.

Opening and review of solicitation. Proposals will be opened at 2:00 PM Pacific Time on December 10, 2026, at 714 E 6th St., Newberg, OR 97132. The District will not disclose the contents of proposals to competing proposers during evaluation or negotiation, and will record and make available the identity of all proposers after proposals are opened.

This RFP and any addenda may be reviewed at that address during regular business hours.

Newberg School District Attention: Ben Burkhardt, Coordinator of Facilities (person designated to receive proposals and contact person for this procurement) 714 E 6th St.

Newberg, OR 97132 At a minimum, proposals must include the following information:

a. Contractor Information sheet filled out and signed – see Exhibit A.

b. Information regarding relevant school district and/or government agency experience, including at least three references for comparable work performed within the past five years. Include the client name, contact person, telephone number, email address, project description, and dates of service.

c. Standard and overtime hourly labor rates for each contract pricing year shown in Exhibit A. Clearly identify the overtime conditions and any minimum service-call charges.

d. Material markup percentage for each contract pricing year shown in Exhibit A. Identify whether markup applies to freight, taxes, subcontractors, consumables, and equipment rentals.

e. Guaranteed response times, measured from the District’s service request to contractor response and/or on-site arrival. Define the proposer’s emergency and non-emergency categories.

f. Detailed description of added services, dedicated service personnel and qualifications, licenses, certifications, product certifications, company history, employee training, training expenses, and experience with Schneider controls.

g. A list of any exceptions to Exhibit B, District Contract Terms and Conditions. Proposers may also submit a sample service agreement for informational purposes only; the proposer’s form will not replace the District’s contract.

Published – November 9, 2026

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EXHIBIT A

CONTRACTOR’S INFORMATION FORM

Request for Proposals for Contractors:

Advertised November 9, 2026 | RFP#2027-01 Name of Firm: ______________________________________________________________________________

Group No.: ______________________________________________________________________________

Address of Firm: ______________________________________________________________________________

Phone: ______________________________________________________________________________

Website: ______________________________________________________________________________

Owners of Firm: ______________________________________________________________________________

Oregon CCB License Number (if required): __________________________________________________________

Please list if your firm is certified as a Minority Business Enterprise (MBE), Women Business Enterprise (WBE), Service-Disabled Veteran (SDV), and/or Emerging Small Business (ESB), as certified by the State of Oregon Certification Office of Business Inclusion and Diversity (COBID):

Signature: ______________________________________ Date: ____________________

Print Name/Title: ______________________________________________________________________

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EXPERIENCE

Provide relevant school district and/or government agency experience and references for comparable work completed within the past five years. Include client, contact information, scope, and dates.

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HOURLY RATES, MARK-UP & RESPONSE TIME

Standard hourly rate and Overtime hourly rate for 2026/27, 2027/28, and 2028/29 school years (July 1-June 30).

School Year Standard Hourly Rate Overtime Hourly Rate Notes 2026/27 2027/28 2028/29 Percentage of mark-up on materials for 2026/27, 2027/28, and 2028/29 school years (July 1-June 30).

School Year Material Mark-Up % 2026/27 2027/28 2028/29 Guaranteed response times (in hours) for Emergency and non-Emergency incidents.

Service Type Guaranteed Response Time (Hours) Notes Emergency Non-Emergency

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ADDITIONAL INFORMATION

Detailed description of:

1. Added services your firm will provide, if any.

2. Dedicated service providers and their qualifications, certifications, etc.

3. Product certifications.

4. Company history.

5. Employee training programs and any associated expenses.

6. Experience with incorporating and working with Schneider controls.

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SAMPLE SERVICE AGREEMENT (OPTIONAL – INFORMATIONAL)

A proposer may attach a sample service agreement for informational purposes. The District’s Exhibit B terms and the final District agreement will govern. Identify all requested exceptions to Exhibit B in a separate, clearly labeled list.

Do not insert proposer contract terms in place of the District’s required contract terms.

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EXHIBIT B – DISTRICT CONTRACT TERMS AND CONDITIONS

The following terms will be included in the District’s written agreement with the successful proposer. The final agreement will consist of these terms, the terms reserved for negotiation as described in the Proposal Evaluation Process section, and ministerial provisions (such as party information, notice addresses, and signature blocks). These terms are part of the solicitation and are not replaced by a proposer’s sample agreement.

1. Contract term and scope The initial term is anticipated to run from January 4, 2027, through June 30, 2029, and up to two (2) optional annual extensions. The contractor shall provide only the preventive maintenance, inspection, servicing, and repair services authorized by the District. Any extension or renewal must be in writing, approved by the District, and permitted by law.

2. Work authorization and changes Only the District’s designated representative may authorize work or approve changes. The contractor shall obtain written approval before performing work outside the agreed scope, exceeding an approved estimate, using subcontractors not previously approved, or incurring additional charges. An emergency exception may be made only as expressly authorized in the final agreement and must be documented promptly.

3. Rates, materials, travel, and invoices The accepted hourly rates and material markup shall be those stated in the awarded proposal and final agreement. No rate increase is permitted during the stated pricing period unless expressly allowed by the agreement. Invoices must identify the site, date, work order, personnel, hours, labor category, materials, quantities, unit costs, markup, approved travel, and applicable taxes or other charges. The contractor shall provide receipts or other cost support upon request.

Payment is subject to District review, acceptance, and applicable prompt-payment law.

4. Performance standards and service records The contractor shall meet the response times, maintenance schedules, workmanship requirements, safety requirements, and service standards stated in the RFP, accepted proposal, work orders, and final agreement. The contractor shall maintain complete service records and provide reports promptly after each visit. The District may inspect work and equipment records and may require correction of deficiencies.

5. Failure to perform; remedies If the contractor fails to perform the scope of work or meet performance standards, the District may, as appropriate and consistent with the agreement and law: (a) reject deficient work; (b) withhold or reduce payment for deficient or unperformed work; (c) require the contractor, at its expense, to correct or repeat the work; (d) require a corrective action plan; (e) obtain substitute services and recover permitted additional costs; (f) declare default; (g) terminate the agreement; and/or (h) pursue damages or other remedies available under the agreement or law. These remedies are cumulative to the extent permitted by law.

6. Personnel, subcontractors, and licenses The contractor shall provide qualified personnel, maintain all licenses and certifications required for the work, and obtain District approval before using subcontractors. The contractor remains responsible for subcontractor performance, safety, licensing, insurance, wages, and compliance. The District may require removal of personnel for safety, security, or performance reasons.

7. Safety, security, and District property The contractor shall comply with District site rules, background-check and fingerprinting requirements, sign-in procedures, identification requirements, student protection rules, lockout/tagout requirements, and all applicable safety laws. The contractor shall secure access points, protect property, remove debris, and leave each work area clean and safe.

8. Hazardous materials The contractor shall not disturb suspected asbestos, lead, PCBs, or other hazardous materials without written District authorization and all legally required licenses, training, controls, and procedures. The contractor shall stop affected work and notify the District immediately upon discovering suspect materials.

9. Insurance and indemnification Before work begins, the contractor shall provide the insurance required by the RFP and final agreement, including certificates and endorsements acceptable to the District. The final agreement will include indemnification and additional-insured provisions to the extent permitted by Oregon law.

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10. Prevailing wage and public works For any work determined to be a public works project subject to ORS 279C.800 to 279C.870, the contractor and subcontractors shall comply with all applicable prevailing wage, fringe benefit, certified payroll, recordkeeping, and public works bond requirements. The District will address applicable requirements before authorizing the work. This clause does not convert all routine maintenance services into public works.

11. Records, audit, and public records The contractor shall maintain accurate records relating to services, labor, materials, subcontractors, and invoices and shall make them available to the District upon reasonable request for contract administration or audit. District procurement records and proposals are subject to Oregon Public Records Law, subject to applicable exemptions.

12. Termination The District may terminate the agreement for cause after notice and any applicable opportunity to cure, and may terminate for convenience upon written notice as provided in the final agreement. Upon termination, the contractor shall stop work as directed, protect District property, deliver service records, and submit a final invoice for accepted services performed through the termination date.

13. No unauthorized commitments; order of precedence No employee or representative other than the District’s designated contracting authority may amend the agreement or authorize additional compensation. In the event of conflict, the order of precedence will be: (1) executed District agreement and amendments; (2) written work orders; (3) this RFP and addenda; and (4) the accepted proposal, except that a proposer exception expressly accepted in the executed agreement will control to the extent stated.

14. Required statutory contract conditions

(a) Payment, contributions, liens, and withholding (ORS 279B.220). The contractor shall make payment promptly, as due, to all persons supplying labor or material for the work; pay all contributions or amounts due to the Industrial Accident Fund from the contractor or any subcontractor incurred in performing the contract; not permit any lien or claim to be filed or prosecuted against the District on account of any labor or material furnished; and pay to the Department of Revenue all sums withheld from employees under ORS 316.167. (b) Medical care and workers’ compensation (ORS 279B.230). The contractor shall promptly, as due, make payment to any person or entity furnishing medical, surgical, hospital, or other needed care and attention incident to sickness or injury to the contractor’s employees who work under the contract, and all subject employers working under the contract are employers that will comply with ORS 656.017 or are exempt under ORS 656.126. (c) Hours of labor (ORS 279B.020 and 279B.235). No person may be required or permitted to work more than 10 hours in any one day or 40 hours in any one week except as those statutes allow, and the contractor shall pay employees who work under the contract at least time and a half for overtime as those statutes require. The contractor shall notify employees who work under the contract, at hire or before work begins or by posting a notice, of the number of hours per day and days per week they may be required to work.

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EXHIBIT B – DISTRICT CONTRACT TERMS AND CONDITIONS