RFP 25-002 Data Center HVAC Replacement FINAL 062025.pdf

Lead, serve and innovate for learning.

(503) 675-4000 clackesd.org 13455 SE 97th Avenue, Clackamas, OR 97015

Request for Proposal RFP # 25-002 Data Center HVAC Replacement

RFP Due July 29, 2025

2:00 PM

Issuing Office:

FISCAL SERVICES DEPARTMENT

CLACKAMAS EDUCATION SERVICE DISTRICT

13455 SE 97th Avenue Clackamas, OR

(503) 675-4094

Michael Waer, Operations Coordinator Date of Issue: June 20, 2025

Request for Proposal (RFP) # 25-002 Data Center HVAC Replacement

NOTE

Clackamas ESD (District) will guarantee that we will post Official Addenda to all known Plan/Specification holders of record at https://www.clackesd.org/fiscal-services/ or Bidders may obtain electronic copies of Bidding Documents at no charge from the Oregon Buys website:

http://oregonbuys.gov

Clackamas ESD will guarantee that no Addenda will be issued less than THREE (3) WORKING DAYS prior to Bid Opening. It shall be the SOLE. RESPONSIBILITY of the Bidder/Contractor/Vendor to be certain that they have received all such Addenda.

Results will not be provided by telephone. No information other than the names of those submitting proposals will be provided prior to award.

Due to the nature of an RFP, spreadsheets do not provide adequate information for those wishing to review the results. It is recommended that anyone interested in reviewing the proposals contact the Fiscal Services Department, after the award. The actual proposals of each will be available for review by appointment, as well as the basis for award.

https://www.clackesd.org/fiscal-services/ http://oregonbuys.gov http://oregonbuys.gov

SECTION 1: PROJECT INTRODUCTION/OVERVIEW & TABLE OF CONTENTS

PROJECT INTRODUCTION AND OVERVIEW

Clackamas Education Service District operates a critical information data center. The HVAC system needs a total replacement. Said replacement must occur while the center remains fully operational. HVAC systems for critical data centers have specific needs, and the successful respondent must be well versed in the intricacies of live system replacements. The contractor will be responsible for all equipment, labor, materials, and transportation to our site and verify that the specified system will meet the requirements, suggest any system edits, create, collaborate, and execute the live system replacement in consultation with District staff. The Contractor will be responsible for all permitting, electrical, structural and mechanical engineering, concrete, fencing, and related services required to execute all work associated with the HVAC Replacement Project. The contractor will be responsible for obtaining fire marshal approval and coordinating the necessary modifications to the fire suppression system in conjunction with the HVAC replacement.

This data center supports essential infrastructure for fire, life safety, and other mission critical public service organizations. As such, the data center cannot, under any circumstances, be shut down or experience any loss of power, network connectivity, or environmental controls. Cooling must be maintained continuously throughout the duration of the project, and any equipment or processes used must ensure that safe temperatures are preserved for all active systems.

The data center is also an active work site housing server infrastructure for multiple external partner agencies, all of which require secure, uninterrupted 24/7 access to their equipment. The selected contractor must plan and perform all work to always guarantee unimpeded access for authorized personnel.

In addition, all work must be performed in a manner that prevents the introduction of dust, particulates, or debris into the environment. Contractors must use containment measures and clean working practices to protect sensitive electronics, cabling, and servers from contamination or disruption during the entire project.

NOTE: Section numbers listed are merely for identification and may not be consecutive. Users of this Project Manual shall check the specification with the Table of Contents to be sure each Section is included and shall check each Section to be sure each consecutively numbered page within each Section is included. The last page of each Section has the statement "END OF SECTION".

DIVISIONS AND SECTIONS

● SECTION 2: RFP # 25-001 POINT OF CONTACT

● SECTION 3: ADVERTISEMENT FOR BIDS

● SECTION 4: INSTRUCTIONS TO BIDDERS

● SECTION 5: PROJECT TIMELINE, SCORING CRITERIA, EVALUATION

COMMITTEE

● SECTION 6: BID PROPOSAL

● SECTION 7: INSTRUCTIONS FOR FIRST-TIER

SUBCONTRACTORDISCLOSURE FIRST-TIER SUBCONTRACTOR

DISCLOSURE FORM

● SECTION 8: WAGE RATES

● SECTION 9: OWNER-CONTRACTOR AGREEMENT

● SECTION 10: SAMPLE FORM OF CONSTRUCTION PROJECTS

CONTRACT

● SECTION 11: PERFORMANCE AND PAYMENT BONDS

● SECTION 12: GENERAL CONDITIONS OF THE CONTRACT FOR

CONSTRUCTION

● SECTION 13: EQUIPMENT AND DETAILED SCOPE OF WORK

END OF SECTION

SECTION 2: RFP SINGLE POINT OF CONTACT

There are several key staff who are contributing to this project. However, the contact below has been deemed the single point of contact for all questions related to the RFP, technical support, project management, and facility management. Please use the following phone and email for all correspondence:

Project Manager Mike Waer, Operations Coordinator cesd_purchasing@clackesd.k12.or.us

503.675.4094 (Office)

END OF SECTION

mailto:cesd_purchasing@clackesd.k12.or.us

SECTION 3: ADVERTISEMENT FOR BIDS

Clackamas Education Service District operates a critical information data center. The HVAC system needs a total replacement. Said replacement must occur while the center remains fully operational. HVAC systems for critical data centers have specific needs and the successful respondent must be well versed in the intricacies of live system replacements. It is important to note that the data center is an active work site housing server infrastructure for multiple external partner agencies. These agencies require 24-hour, 7-days-a-week access to their equipment. The selected contractor must plan and execute all work in a manner that ensures continuous, unobstructed access for authorized personnel at all times throughout the duration of the project.

Bidders may obtain electronic copies of Bidding Documents on the Clackamas ESD website or at no charge from the OregonBuys website.

Mandatory Pre-Bid meeting will be held at:

Clackamas Education Service District Administration Building 13455 SE 97th Avenue, Clackamas, Oregon 97015 on Tuesday, July 8, 2025 at 10:00 AM

Any statements made by the District or its representatives at the pre-bid meeting will not be binding unless confirmed by addendum.

Sealed bids shall be submitted by 2:00 PM Pacific Time, on July 29, 2025 to Michael Waer, Operations Coordinator, Clackamas Education Service District 13455 SE 97th Avenue, Clackamas, OR 97015. Bids received after this time and date will not be accepted. No faxed bids will be accepted. Electronic bids will be accepted if received by the deadline. The District is not responsible for late or delayed bids due to electronic delivery. Electronic bids can be emailed to CESD_Purchasing@clackesd.k12.or.us.

This contract is for public works subject to ORS 279C.800 to 279C.870 (Prevailing Rate of Wage). All bids shall comply with the requirements of Oregon Revised Statutes and the District's local Public Contract Rules, and the latest editions. Bids must be fully completed upon the Bid Proposal provided herein in the manner provided in the "Instructions to Bidders".

Clackamas Education Service District reserves the right to reject any or all bids that do not comply with the prescribed public procedures and requirements and may waive any informalities in the bidding process. The District also reserves the right to accept all or part of a bid, subject to the availability of funding.

END OF SECTION

https://www.clackesd.org/fiscal-services/ https://oregonbuys.gov/bso/

SECTION 4 : INSTRUCTIONS TO BIDDERS

1. DEFINITIONS

1.1. Addenda: Written or graphic instructions issued prior to the execution of the Contract which modify or interpret the Bidding Documents including Drawings and Specifications, by additions, deletions, corrections, or clarifications. Addenda will become part of the Contract Documents when the Construction Contract is executed.

1.2. Architect/Engineer: Not Applicable; however, the Owner may elect to contract with an independent Architect/Engineer to support the execution of this project.

1.3. Commissioning Agent: The Owner may elect to contract with an independent commissioning agent to support the execution of this project. The bidder is expected to work cooperatively for project success.

1.4. Bidder: One who submits a Bid for a Contract with the Owner for the Work described in the proposed Contract Documents.

1.5. Bidding Documents: Include the Advertisement for Bids, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents including Addenda issued prior to the receipt of Bids.

1.6. Definitions: Includes all definitions set forth in Section, Conditions of the Contract, or in other Contract Documents are applicable to the Bidding Documents.

1.7. Owner: Clackamas Education Service District, Clackamas County, Oregon.

1.8. Project: Clackamas ESD Sunnybrook Campus Parking Lot Paving project

1.9. Perform all work indicated on requested scope of work (Appendix A)

2. BIDDER'S REPRESENTATION

2.1. Each Bidder, by making their Bid, represents the following:

■ Has read and understands the Bidding Documents and their Bid made in accordance with the bidding requirements, State and Local procurement laws.

■ Has visited the site and familiarized with the local conditions under which the Work is to be performed.

■ Their Bid is based upon the products and systems described in the Bidding Documents without exceptions.

3. OBTAINING DOCUMENTS

3.1. RFP# 25-002 documents will be made available digital, upon request or by visiting the

CESD website at: https://www.clackesd.org/fiscal-services/ OR http://oregonbuys.gov.

3.2. All RFP Addendums will be posted on the CESD website; only Bidders who attend the pre-bid conference will be notified of any addendums posted. It is the responsibility of the Bidder to check the CESD website (routinely) for updates to RFP# 25-002.

https://www.clackesd.org/fiscal-services/ file://file3.cesd.k12.or.us/Group/FisCFO/Purchasing/CESD%20RFP's/HVAC%20Data%20Center%202025/Mike%20W%20Format/RFP%2025-002%20Data%20Center%20HVAC%20Replacement.docx

4. EXAMINATION OF BIDDING DOCUMENTS

4.1. Sets of Contract Documents may be examined at the following location:

Clackamas Education Service District Administration Office 13455 SE 97th Avenue Clackamas Oregon 97015

4.2. Complete sets of Bidding Documents are to be used in preparing Bids; the Owner will not assume any responsibility for misinterpretations or errors resulting from the use of incomplete sets of Bidding Documents.

4.3. Requests for Clarification / Protest of Bidding Documents. Each Bidder shall examine the Bidding Documents carefully. Not later than 10 days prior to the date for receipt of Bids, shall make a written request to the Architect for interpretation or correction of any ambiguity, inconsistency, or error therein which may have been discovered.

Interpretations and corrections will be issued in the form of an Addendum by the Owner.

Only interpretations and corrections by Addendum shall be binding. All RFP Addendums will be posted on the CESD website; only Bidders who attend the pre-bid conference will be notified of any addendums posted. It is the responsibility of the Bidder to check the CESD website (routinely) for updates to RFP# 25-002.

4.4. No Bidder shall rely upon any correction or interpretation given by any other method.

Failure to raise any issue with the Bidding Documents that could have been raised pursuant to this Section will preclude protest of award based upon that issue.

4.5. All inquiries related to procedure or the actual Bid proposal should be directed to Michael Waer, Operations Coordinator at cesd_purchasing@clackes.k12.or.us or 503-635-4094.

4.6. All inquiries regarding this project, scope of work or technical specifications in this Bid should be directed to Michael Waer, Operations Coordinator at cesd_purchasing@clackes.k12.or.us or 503-635-4094.

5. BIDDING PROCEDURE

5.1. Mandatory Pre-Bid Conference: A formal pre-bid conference for this project is scheduled on: July 8, 2025. Statements made by the District's representatives at the informal conferences are not binding on the District unless confirmed by written addendum.

5.2. Each Bid shall be made in accordance with the Bid Proposal and all blank spaces on the Proposal shall be filled.

5.3. If a Bid is made by a partnership, it shall contain names of each partner and shall be signed in the firm name followed by signature of partner signing for the firm. If Bid is made by a corporation, the corporate seal shall be affixed there to, and it shall be signed in the name of the corporation, followed by signature of officer authorized to sign for corporation and printed or type written designation of office held in corporation, and signature shall be properly attested to by secretary of corporation. Address of the Bidder, street number (or post office box number), city and state, shall be typed or printed on the Bid Proposal.

mailto:cesd_purchasing@clackes.k12.or.us mailto:cesd_purchasing@clackes.k12.or.us

5.4. The Bid Proposal invites Bids on definite Drawings and Specifications. Only amounts and information asked for on the Bid Proposal will be considered as the Bid. Each Bidder shall Bid upon the work as specified and provided in the Bid Proposal.

5.5. Addenda: The Owner will issue approved interpretation or correction as an Addendum prior to receipt of Bids. Addenda will be numbered consecutively. Addenda will be posted on the CESD website; only Bidders who attend the pre-bid conference will be notified of any addendums posted. It is the responsibility of the Bidder to check the CESD website (routinely) for updates to RFP# 25-002. Contractors submitting a Bid shall acknowledge receipt of each Addendum in the Bid Proposal, and will be responsible for determining that all subcontractors, material suppliers, etc., have knowledge of said Addenda and that their Bid to the Contractor includes the same. No Addenda will be issued later than five days prior to the date for receipt of Bids except an Addendum, if necessary, postponing the date for receipt of Bids or withdrawing the request for Bids.

5.6. Bid Document Requirements: Each bid shall include the following documents/information:

● Letter of Interest on a Company Letterhead

● Company’s experience in related work/projects, to include pictures and/or sources for the District to reference. Please also include year and project amounts.

● Three (3) references complete with phone numbers, email and physical addresses

● Formal proposal that meets the scope of work outlined in RFP 25-002; proposal shall include an itemized cost breakdown for each phase of the project and a total amount for the entire project

5.7. Bid Submittal: Each Bid shall be submitted via email to:

Michael Waer, Operations Coordinator cesd_purchasing@clackesd.k12.or.us

5.8. Bid Deadline: Bids must be received by the Owner no later than 2:00 p.m., Pacific Time, on July 29, 2025. Late Bids will not be accepted. Bids will be publicly opened on July 29, 2025. The Owner's selection committee will review and evaluate each proposal between July 30 and August 8, 2025.

5.9. Withdrawal: Any Bidder may withdraw their Bid, either personally or by written request, at any time prior to the opening of the Bid.

5.10. Amendment: A Bid may be modified, amended or supplemented until the deadline for submission. No material changes may be made to a Bid after the deadline for its submission. The Owner reserves the right to seek clarifications of each Bid, in clarifying or elaborating on an Bid, a Bidder explains or amplifies what is already there; a Bidder may not supplement, change, alter, or correct its Bid.

5.11. Bid Development Costs: Submission of a Bid to the District does not obligate the District to pay any expenses incurred by the Bidder in preparation of its bid, nor does it obligate the District in any other respect. The District will not reimburse the cost of a successful protest. It is a condition of submission that costs of submitting a Bid are solely the cost of the Bidder.

5.12. Bid Ownership: All Bids become the property of the District and will not be returned to the Bidder. Bids that are not opened may be returned to the Bidder or disposed of by the District at the District’s discretion once the time to protest the refusal to consider the Bid has passed and Bid bonds are returned.

5.13. Public Record:

■ At the conclusion of the selection process, the contents of all Bids received and opened will be made available for public inspection (ORS 192.410 to 192.505).

Trade secrets or proprietary information that are recognized as such and are protected by law (ORS 646.461 to 646.475) may be withheld, if clearly identified as such in the Bid submitted. If an Bid contains any proprietary information that the Bidder does not want disclosed to the public or to be used by the District for any purpose other than evaluation of their Bid, each sheet of such information shall be readily separable from the remainder of the Bid and must be marked with the legend: "CONFIDENTIAL," "PROPRIETARY" or "TRADE SECRET"

■ Pages shall be marked to indicate the information for which the claim of protection from disclosure is made and to separate the material to be protected from other information appearing on that page. Bidders are cautioned that the information sought to be exempt from disclosure must qualify for exemption under ORS 192.501, ORS 192.502 or another provision of law. The Owner reserves the right to waive the exemption from disclosure if the exemption is waivable and it is in the public interest to do so. Bidders are further informed that final determinations concerning the withholding of information from public disclosure rest with the District Attorney, the Attorney General or the Courts and not with the District. The Owner may not disclose information that the law forbids it to disclose and may not withhold information the law requires it to provide.

Failure to mark information, documents or data shall be conclusive proof that the Bidder claims no exemption for it.

■ Prices, makes, model or catalog numbers of items Bided, scheduled delivery dates, and terms of payment shall be publicly available regardless of any designation to the contrary. Any response marked as a trade secret in its entirety shall be considered non-responsive and shall be rejected.

■ All submissions and additional information, if any, shall become public record after award of contract.

5.14. Proof of Insurance / Performance and Payment Bonds: The successful Bidder shall within 15 calendar days furnish insurance certificates as specified in the Contract and a Performance Labor and Materials Payment Bonds in compliance with ORS 279C.380, Oregon Revised Statutes. Work shall not commence until all insurance and bonding requirements have been met and bonds and certificates have been filed with Mike Waer, Operations Coordinator.

6. REQUIRED CERTIFICATIONS / LICENSES

6.1. Nondiscrimination: Each Bidder must certify that the Bidder has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women, or emerging small business enterprise certified under

ORS 200.055.

6.2. Resident Bidder: Each Bidder must identify whether the Bidder is a resident Bidder, as defined in ORS 279A.110 (4) and ORS 279C.375.

6.3. Construction Contractors / Landscape Contractors Board: The Owner will not receive or consider Bids unless the Bidder is licensed with the Construction Contractors Board or the State Landscape Contractors Board, as applicable.

6.4. Only "General Contractor - All Structures" or "Specialty Contractor - All Structures" classifications are allowed on District public works projects.

6.5. Public Works Bond: The contractor and every subcontractor must have a Public Works Bond pursuant to ORS 279C.936 filed with the Construction Contractors Board before starting work on the Project, unless exempt under ORS 279C.836 (7) or (8).

6.6. The successful bidder will be required to comply with all applicable laws and rules applicable to public contracts as set forth in the form of Agreement.

7. SUBSTITUTIONS

7.1. The materials, products, installers, and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance, and quality to be met by any proposed substitution.

7.2. Each Bidder represents that their Bid is based upon the materials and equipment described in the Bidding Documents.

7.3. No substitution will be considered unless a written request has been received by the Owner for acceptance no later than July 21, 2025. Each such request shall include the name of the material, installer, or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data, and any other information necessary for an evaluation. A Statement setting forth any changes in other materials, installer, equipment, or work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the proposer.

The Owner’s decision of acceptance or disapproval of a proposed substitution shall be final. If the Owner accepts any proposed substitution, such acceptance will be set forth in Addenda listing manufacturers, materials, installers, and equipment accepted for substitution. Bidders shall not rely upon any acceptances made in any other manner.

8. ACCEPTANCE OR REJECTION OF BIDS

■ The Owner will review the Bids and shall award a Contract for the Work to the responsible Bidder with the highest evaluation score, from the Owners Section Committee.

■ The Bidder acknowledges the following rights of the District to:

● Reject any Bid that does not comply with prescribed public contracting procedures and requirements, including the requirement to demonstrate the Bidder's responsibility under ORS 279C.375(3)(b), and to reject all Bids for good cause after finding that doing so is in the public interest.

● Postpone award of the contract for a period not to exceed 45 days from the date of the Bid opening.

● Waive informalities in the Bids.

● Exercise additive or deductive alternates to adjust the accepted Bid amount.

● To reject a Bid if a Bidder failed to submit data required by the Bidding

Documents or if a Bid is in any way incomplete or irregular.

■ If the responsive Bid exceeds Clackamas Education Service District's estimate of the cost of the project and the District's budget therefore (the "available funds" as determined by the District in its sole desecration), the District and the Bidder may enter into negotiations as to value engineering and other options to reduce the contract price to an amount within available funds pursuant to ORS 279C.340.

■ Notice of Award / Protest of Award:

● The Owner shall mail a written notice of intent to award to all Bidders. The written notice of award of the contract shall constitute a final decision of the Owner to award the contract if no written protest of the notice of award is within seven (7) calendar days of the notice of award. If a protest is timely filed, the notice of award is a final decision of the Owner only upon issuance of a written decision denying the protest and affirming the award. The notice of award and any written decision denying or approving a protest shall be sent to every Bidder.

● Protest of Award: Any actual Bidder who is adversely affected or aggrieved by the Owner’s notice of award of the contract to another Bidder on the same solicitation shall have seven (7) calendar days after the date of notice of award to submit to the District a written protest of the notice of award. The Owner shall not entertain a protest submitted after the time period established in this provision. A Bidder is "adversely affected or aggrieved" only if the Bidder is eligible for award of the contract as the responsible Bidder submitting the lowest responsive Bid and is next in line for award, i.e., the protester must claim that all lower Bidders are ineligible for award because the Bids are nonresponsive; or because

The Owner committed a substantial violation of a provision in the Bidding Documents or of an applicable procurement statute or rule, and the protesting Bidder was unfairly evaluated. Bidders must submit a written protest of award to:

Michael Waer, Operations Coordinator cesd_purchasing@clackesd.k12.or.us

The written protest must specify the grounds upon which the protest is based. An issue that could have been, but was not, raised as a request for clarification or protest of a specification pursuant to these instructions shall not be grounds for a protest of award.

9. FORM OF AGREEMENT

9.1. The Form of Agreement will be the Clackamas Education Service District Construction Projects Contract referenced in SECTION 12.

10. PREVAILING WAGES

10.1. This Contract is subject to payment of prevailing wages under ORS 279C.800 to 279C.870.

Each worker the Contractor, subcontractor or other person who is party to the contract uses in performing all or part of the Contract must be paid not less than the applicable prevailing rate of wage for each trade or occupation as defined by the Director of the State of Oregon Bureau of Labor and Industries ("BOLI") in the applicable publication entitled Definitions of Covered Occupations for Public Works Contracts in Oregon. The prevailing wage rates for public works contracts in Oregon are contained in the following publications: The April 5, 2025, Prevailing Wage Rates for Public Works Projects in Oregon and the April PWR Apprenticeship Rates. Such publications can be reviewed electronically at https://www.oregon.gov/boli/WHD/PWR/Pages/index.aspx and are hereby incorporated as part of the Contract Documents.

10.2. Payment of Prevailing Wages: No Bid will be received or considered by the District unless the Bid contains a statement by the Bidder that "Contractor agrees to be bound by and will comply with the provisions of ORS 279C.840 or 40 U.S.C. 27a.

11. EQUAL EMPLOYMENT COMPLIANCE REQUIREMENTS

11.1. By submitting this Bid, the Bidder certifies conformance to the applicable Federal Acts, Executive Orders and Oregon Statutes and Regulations concerning Affirmative Action toward equal employment opportunities.

11.2. All information and reports that are required by the Federal or Oregon Governments having responsibilities for the enforcement of such laws shall be supplied to the District upon request, for purposes of investigation to ascertain compliance with such acts, regulations and orders.

https://www.oregon.gov/boli/WHD/PWR/Pages/index.aspx

12. TIME OF COMPLETION

12.1. The Bidder must agree to commence Work on the date mutually agreed to, after review of proposals and approval of the deliverables package. On this date, the Contractor shall have all systems in operation so as to render the building usable for "its intended use" by the District. Attention is directed to the Contract stipulating conditions for withholding payments in relation to Contract time.

Commencement of Work on Site: Please refer to date specified by contract.

Substantial Completion: Please refer to date specified by contract Final Completion and Submission of Closeout Submittals: 30 days after substantial completion.

Dates/timelines are subject to change based on Owner and Contractor negotiations.

13. SUBCONTRACTS

13.1. The Bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a Contract under this Contract, must be acceptable to the District.

13.2. Change of Subcontractor requested by District or Architect shall be on demand. Contract financial adjustment shall be negotiated through the General Contractor.

14. CRIMINAL BACKGROUND CHECK, DRUG TESTING, TOBACCO / ALCOHOL POLICIES

14.1. The Owner is committed to maintaining a drug-free workplace and strictly complies with the Drug Free WorkPlace Act of 1988 and the Drug-Free Schools and Communities Act amendments of 1989. No alcohol, drugs, firearms or weapons are allowed on any District property. In accordance with District policy, smoking and the use of all tobacco products are prohibited on all District Property.

14.2. In order to comply with ORS 279C.505 (2) and to enable the District to determine that a Bidder will comply with the District's above noted policies, Bidders shall submit copies of their Employee Criminal Background Check and Drug/Alcohol Testing Programs/Policies with their proposals. Describe the Criminal Background Check performed of employees who will work at the school site with students. Define the criteria for qualification / disqualification of employment of an employee with the above policies.

15. DATA SECURITY: The Contractor needs to provide a Statement of Data Security. This statement will document procedures and protocols used by the Contractor to secure and safeguard confidential District information. The Contractor will also certify the information provided from the District will not be released or shared in any manner without the written permission of the District. The Contractor will also specify the information life cycle including how and when confidential District information will be destroyed or archived following use.

Statement of Data Security must be approved by the District.

16. HOLD HARMLESS: The Contractor shall hold harmless, indemnify, and defend the Owners, its officers, agents, and employees for all claims, suites or actions of any nature arising out of any act, error, or omission of the Contractor, its officers, subcontractors, agents or employees whether actual or alleged, and resulting in bodily injury, property damage, or personal injury, during or resulting from the work described under this contract except liability arising out of the sole negligence of the Owner.

17. ANTITRUST CLAIMS

17.1. The Contractor hereby assigns to the Clackamas Education Service District fully, finally, and in their entirety, any and all federal and/or state antitrust claims that the Contractor now has or may hereafter acquire as a result of or in connection with any and all goods and services in the contract. Further, the Contractor shall cause similar working in favor of the Owners to be made a part of any and all contracts entered into with subcontractors or suppliers as a result of the primary contract.

17.2. Claims shall include price-fixing, monopolization, and any other violation of state or federal antitrust law.

18. TRANSFER OR ASSIGNMENT: Neither the Contract, nor any interest herein shall be transferred to any other party or parties, without the Owner’s prior written consent.

SECTION 5: RFP/PROJECT TIMELINE, SCORING CRITERIA,

EVALUATION COMMITTEE

1. RFP/PROJECT TIMELINE

MILESTONE/ACTIVITY DATE

RFP POSTED June 20, 2025

RFP OPEN FOR PUBLIC COMMENT June 20, 2025 - July 1, 2025

MANDATORY PRE-BID

CONFERENCE/MEETING

July 8, 2025 @ 10:00 AM

RFP BIDS DUE July 29, 2025 @ 2:00 PM

SELECTION COMMITTEE REVIEW,

EVALUATION, INTERVIEWS**

July 30, 2025 - August 8 2025

NOTICE OF INTENT TO AWARD POSTED August 8, 2025

PUBLIC OPPORTUNITY TO PROTEST August 8, 2025 - August 15, 2025

DELIVERABLES PACKAGE DUE (Independent of Award)

August 28, 2025

DELIVERABLES REVIEW, MEETINGS TO

CLARIFY & APPROVAL

August 20 - September 2, 2025

FORMAL AWARD POSTED August 28, 2025

CONSTRUCTION TIMELINE September 2, 2025 - TBD

SUBSTANTIAL COMPLETION DATE TBD

PUNCH LIST WALK TBD- After Substantial Completion

**Owner reserves the right to conduct interviews with all contractors who submit an acceptable bid. Interviews are not required but maybe scheduled during the referenced timeline above.

Finalists are encouraged to keep one hour blocks available during evaluation window. **

Please Note: All times following the RFP due date are approximate and subject to adjustment.

2. SCORING CRITERIA

CRITERIA SCORE

Proposers’ availability and demonstrated capability to perform the required services as described in Scope of Work

Submittals for all materials and equipment 5

Total Price/Cost of Project 30

Reference list from similar Projects completed by the Proposer-include Proposer’s key staff to be assigned to the Project and their experience providing similar services.

Component availability for repairs and replacement 10

Providers’ list of any sub-contractors and their roles with the Project. 5

Any additional information that would be relevant to the Project. 5

TOTAL: 100 POINTS

3. EVALUATION COMMITTEE: Owner will select a committee to evaluate each acceptable bid submitted by the deadline.

The committee will consist of:

● Chief Information Officer

● Chief Financial Officer

● Systems Infrastructure Supervisor

● CESD Facilities Manager

● CESD Operations Coordinator

SECTION 6- BID PROPOSAL FORM

BID FORM

PROJECT: RFP 25-002

Data Center HVAC Replacement Project

RFP OPENING: July 29, 2025 at 2:00 PM

LOCATION: Clackamas Education Service District 13455 SE 97th Avenue Clackamas, OR 97015 Phone: 503.675.4094

EXCEPTIONS:

BIDDERS PLEASE NOTE: Any exceptions or stipulations to any of the requirements of this solicitation must be submitted in accordance with Section 002000, 1.1(H), Protest or Request for Changes of Specifications and/or Bidding Requirements. Exceptions that are not submitted in compliance with Section 002000, 1.1(H), may cause your bid to be ruled non-responsive.

RESIDENT STATUS: Bidder shall complete and return attached Bidder Residency Information with its bid response.

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS:

Bidder acknowledges receipt of Addenda and agrees to be bound by their contents.

Circle each BID addendum received: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 Check if no addenda were received:

CCB/LCB REGISTRATION:

(1) Construction Contracts. District shall not consider a Person's Offer to do Work as a contractor, as defined in ORS 701.005(2), unless the Person has a current, valid certificate of registration issued by the Construction Contractors Board at the time the Offer is made.

(2) Landscape Contracts. District shall not consider a Person's Offer to do Work as a landscape contractor as defined in ORS 671.520(2), unless the Person has a current, valid landscape contractor’s license issued pursuant to ORS 671.560 by the State Landscape Contractors Board at the time the offer is made.

(3) Non-complying Entities. District shall deem an Offer non-responsive if it is received from a Person that fails to comply with this rule and shall reject the Offer as stated in ORS 279C.365(1)(k), unless contrary to federal law or subject to different timing requirements set by federal funding agencies.

Bidder is in compliance with the requirements of and is registered and bonded with the State of Oregon Construction Contractor's Board or Landscape Contractors Board as follows:

Registration Classification:

Registration No.: Expiration Date:

RESPONSIBILITY: Prior to awarding a Public Improvement Contract, District shall determine whether the lowest responsible bidder meets the standards of responsibility as defined in ORS 279C.375.

ASSURANCES: The Undersigned hereby offers to furnish all labor, equipment, materials, and to perform all work, as bid, in strict accordance with all requirements of the above-named project.

This offer shall be subject to acceptance for ninety (90) calendar days from the date of opening;

thereafter it may be withdrawn.

NON-COLLUSION: ORS 279A.010 and 279A.990 By signing and submitting a bid, bidder certifies that:

(A) Bidder has arrived at the specifics of the bid, including price and amounts, independently and without communication or agreement with another bidder, except as disclosed in a separately attached statement.

(B) The bidder is not submitting the bid in the interest of or on behalf of any undisclosed person.

(C) The bidder has not directly or indirectly induced or solicited another bidder, in order to benefit a third person, to submit a false or sham bid, to refrain from bidding or to change a bid.

(D) The bidder has not directly or indirectly disclosed the bidder's bid price, a breakdown of the price, the contents of the price or information or data related to the price to another bidder.

(E) The bidder has not sought through communication or agreement with a person to fix the bid price of the bidder or another bidder, to fix an overhead, profit or cost element of the bid price of the bidder or another bidder or to secure any advantage against the contracting agency or any other person interested in the public contract.

(F) The bidder has not directly or indirectly expressed an interest or lack of interest in the public contract or paid or offered to pay a fee to a person, to cause a collusive or sham bid.

(G) All statements in the bid are true; and

(H) The bid is genuine and not collusive or a sham.

Bidder acknowledges and agrees that, if this contract is for a public work subject to ORS 279C.800 to 279C.870 or the Davis-Bacon Act (40 U.S.C. 276a) Bidder will comply with ORS 279C.840 or 40 U.S.C. 276a, as applicable.

The Bidder acknowledges that the contract consists of the following documents: Bid Solicitation, Bid Form and Supplements, Attachments, Agreement, Accounts Affidavit, Wage Certification Form, Specifications, Drawings and Addenda.

The Bidder declares that he/she has carefully examined the terms of this Contract and has personally inspected and/or is satisfied with conditions at the Project site.

The Bidder hereby states that he/she shall abide by the provisions of ORS 279C.830(1) relating to Prevailing Wages Rates, if applicable.

Bidder hereby declares that he/she shall not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women, or emerging small business enterprise certified under ORS 200.055.

Bidder further agrees:

1. The Undersigned agrees to complete the work according to the schedule below and as stated in the General Conditions.

These dates shall be adhered to and are the last acceptable dates, unless modified by agreement between Contractor and the Owner. The only exceptions to this schedule are defined in the General Conditions.

Expected Notice to Proceed: August 28, 2025

Construction Start: September 2, 2025

Substantial Completion: To be determined in the final contract.

Final Completion: To be determined in the final contract.

2. To pay to the Owner as liquidated damages the amount of $1,000 per calendar day for each calendar day by which actual Substantial Completion time exceeds the contract completion time set forth above. The maximum amount of liquidated damages per day shall not exceed $1,000.

3. To accept as full payment for Base Bid for the Data Center HVAC Replacement Project:

a. Alternate No 1 – Alternate No. 1 if exercised by the Owner, would remove the purchase of the equipment listed in Section 13, making this Owner Furnished, Contractor Installed (OFCI).

The Owner is an Equal Employment Opportunity and Affirmative Action employer and requires Contractors and their subcontractors to follow EEO/AA practices in their performance of this contract.

The Contractor represents and warrants to the Owner that Contractor has the power and authority to enter into and perform this Contract, and that this Contract, when executed and delivered, shall be a valid and binding obligation of Contractor, enforceable in accordance with its terms. Contractor further warrants that the work of this Contract shall be performed in good and workmanlike manner, and that Contractor shall, at all times, be qualified, competent and current with any necessary licenses to perform work set forth in this Contract.

CONTRACTOR

Signature Title

Name (Print or Type) Telephone No.

Company Fax No.

Address Email Address

City, State, Zip Code Tax ID No.

SECTION 7: INSTRUCTIONS FOR FIRST-TIER

SUBCONTRACTOR DISCLOSURE FORM

INSTRUCTIONS FOR FIRST-TIER SUBCONTRACTOR DISCLOSURE: Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is greater than $100,000 (see ORS 279C.370). Specifically, when the contract amount of a first-tier subcontractor (those entities that would be contracting directly with the prime contractor), is greater than or equal to: (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, you must disclose the following information about that subcontract within two (2) hours of bid closing:

● The subcontractor’s name;

● The subcontractor’s CCB#

● The category of the work; and

● The subcontract dollar value.

If you will not be using any subcontractors that are subject to the above disclosure requirements, you are required to indicate "NONE" on the accompanying form.

THE DISTRICT MUST REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE

DISCLOSURE FORM WITH THIS INFORMATION BY THE STATED DEADLINE

(OAR 137-047-0460).

To determine disclosure requirements, the District recommends that you disclose subcontract information for any subcontractor as follows:

Determine the lowest possible contract price as follows:

1. RFP 25-002 solicitation document issued by Clackamas Education Service District for the pavement project Clackamas ESD Sunnybrook Campus will include a base bid amount and additional bid amounts referred to as alternative bids.

2. The alternative bid amounts will be considered as part of the overall bid only if the base bid amount is below construction budget amounts and the possibility of completing the construction work of both bid amounts is assured and financially feasible.

3. Should the base bid amount submitted by the bidding general contractor allow for the completion of the alternative projects, the base bid and alternative bids will be considered together as one bid submission by the general contractor.

Provide the required disclosure information for any first-tier subcontractor whose potential contract services (subcontractor base bid amount plus all additive alternate bid amounts, exclusive of any options that can only be exercised after contract award, if any) are greater than or equal to:

1. 5% of that lowest contract price, but at least $15,000, or

2. $350,000 regardless of the percentage.

Total all possible work for each subcontractor in making this determination (e.g., if a subcontractor will provide $15,000 worth of services on the base bid and $40,000 on an additive alternate, then the potential amount of subcontractor’s services is $55,000.

Assuming that $55,000 exceeds 5% of the lowest contract price, provide the disclosure for both the $15,000 services and the $40,000 services).

4. SUBMISSION. A Bidder shall submit the disclosure form required by OAR 137-049-0360 within two (2) working hours of Bid Closing in the manner specified by the Invitation to Bid (ITB). See RFP instructions on the accompanying FIRST-TIER SUBCONTRACTOR

DISCLOSURE FORM.

5. RESPONSIVENESS. Compliance with the disclosure and submittal requirements of ORS 279C.365(2) and this rule is a matter of Responsiveness. Bids which are submitted by Bid Closing, but for which the separate disclosure submission has not been made by the specified deadline, are not Responsive and shall not be considered for Contract award.

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (OAR 137-049-0360)

PROJECT NAME: DATA CENTER HVAC REPLACEMENT PROJECT

BID #: 25-002 BID CLOSING DATE:

July 29, 2025

BID CLOSING TIME:

2:00 PM, Pacific Time

AM PM

X

DISCLOSURE DEADLINE

DATE: July 29, 2025

DISCLOSURE DEADLINE TIME:

4:00 PM, Pacific Time

AM PM

X

This form must be submitted at the location specified in the Invitation to Bid, within two (2) working hours after the advertised bid closing date and time.

List below the name of each subcontractor that will be furnishing labor or furnishing labor and materials and is required to be disclosed, the category of work that the subcontractor will be performing, and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED.)

Name Dollar Value of Work

Category CCB#

The above listed first-tier subcontractor(s) are providing labor or labor and materials with a Dollar Value equal to or greater than:

a. 5% of the total Contract Price, but at least $15,000 (including all alternates). If the Dollar

Value is less than $15,000, do not list the subcontractor above; or

b. $350,000 regardless of the percentage of the total Contract Price.

FAILURE TO SUBMIT THIS FORM BY THE DISCLOSURE DEADLINE WILL

RESULT IN A NON-RESPONSIVE RFP. A NON-RESPONSIVE RFP WILL NOT BE

CONSIDERED FOR AWARD.

Form Submitted By (Bidder Name): _____________________________________________

Contact Name: ________________________________ Phone: _________________________

CLACKAMAS EDUCATION SERVICE DISTRICT

DATA CENTER HVAC REPLACEMENT

Attention: Michael Waer, Operations Coordinator cesd_purchasing@clackesd.k12.or.us 13455 SE 97th Ave

Clackamas, Oregon 97015

UNLESS OTHERWISE STATED IN THE ORIGINAL SOLICITATION, THIS DOCUMENT

SHALL NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS

DISCLOSURE FORM AND ANY ADDITIONAL SHEETS, WITH THE BID NUMBER AND

PROJECT NAME CLEARLY MARKED, AT THE LOCATION INDICATED BY THE

SPECIFIED DISCLOSURE DEADLINE. SEE INSTRUCTIONS TO BIDDERS.

SECTION 8: WAGE RATES

This Contract is subject to payment of prevailing wages under ORS 279C.800 to 279C.870. Each worker the Contractor, subcontractor or other person who is party to the contract uses in performing all or part of the Contract must be paid not less than the applicable prevailing rate of wage for each trade or occupation as defined by the Director of the State of Oregon Bureau of Labor and Industries ("BOLI") in the applicable publication entitled Definitions of Covered Occupations for Public Works Contracts in Oregon. The prevailing wage rates for public works contracts in Oregon are contained in the following publications: The April 5, 2025, Prevailing Wage Rates for Public Works Projects in Oregon and the January PWR Apprenticeship Rates. Such publications can be reviewed electronically at https://www.oregon.gov/BOLI/pages/index.aspx and are hereby incorporated as part of the Contract Documents.

https://www.oregon.gov/BOLI/pages/index.aspx

SECTION 9: OWNER CONTRACTOR AGREEMENT

The "Clackamas Education Service District Construction Projects Contract" will be used in executing this Contract. A sample of this contract has been herein attached to these Specifications as follows. See next page.

CESD Contract ID#

Contractor Contract ID#

CLACKAMAS EDUCATION SERVICE DISTRICT

CONSTRUCTION PROJECTS CONTRACT

This Contract is between CLACKAMAS EDUCATION SERVICE DISTRICT, Clackamas, Oregon ("Owner" or “District”) and __________________________ ("Contractor").

Project: ________________________________________

The parties agree as follows:

Date of Commencement and Substantial Completion. The date of commencement of the Work shall be ______________ or the date on which each party has signed this contract, whichever is later.

The Contract Time shall be measured from the date of commencement. Contractor shall achieve Substantial Completion of the entire Work no later than_____________________, with final completion no later than__________________.

Contractor's Agreement to Perform Work. Contractor agrees to perform the Work described in Appendix A

Statement of Work. Contractor shall perform the Work described in Appendix A.

Payment for Work. District agrees to pay the Contractor in accordance with Appendix A and this Contract.

Contract Documents. The Contract Documents consist of the following documents, which are listed in descending order of precedence: this Contract; Exhibit 2 (Statement of Work, Compensation, Payment and Renewal Terms); and Exhibit 3 (Certification Statement for Corporation or Independent Contractor). A conflict in the Contract Documents shall be resolved in the priority listed above with this Contract taking precedence over all other documents. The Contract Documents are the entire Contract between the parties and shall supersede any prior representation, written or oral.

STANDARD TERMS AND CONDITIONS

1. Time is of the Essence. Time is of the essence in the performance of this Contract.

2. Subcontracts. District reserves the right to reject in writing any proposed subcontractor, without cause, in which case Contractor shall promptly propose a substitute subcontractor. Any difference in price arising out of such substitution shall be reflected in a Change Order. In addition to any other provisions District may require, Contractor shall require of any permitted subcontractor under this Contract that subcontractor be bound by all the same terms and conditions of this Contract. Such subcontracts are solely between Contractor and subcontractor and shall not have any binding effect on District.

3. Assignment. This Contract is not assignable by Contractor, either whole or in part, unless Contractor has obtained the prior written consent of the District.

4. Other Contractors. District may undertake or award other contracts for additional or related work, and Contractor shall fully cooperate with such other contractors and with any District employees concerned with such additional or related work and shall coordinate its performance under this Contract with such additional or related work.

Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor orby District employees.

5. Independent Contractor Status. Contractor shall certify status in accordance with Exhibit 3.

6. No Third-Party Beneficiaries. District and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name in this Contract and expressly described as…