RFP-2526-122

14April2026

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NORTH CLACKAMAS SCHOOL DISTRICT

Request for Proposals (“RFP”)

ARCHITECTURAL AND ENGINEERING SERVICES

FOR

2026 BOND PROGRAM PROJECTS

Pre-Qualification:

Required Not Required

Pre-Proposal Conference:

One non-mandatory, virtual pre-proposal conference will be held on April 28, 2026, at 9:30a.m.

Proposers must register for the non-mandatory pre‐proposal online meeting with Megan Jelley, Senior Purchasing Specialist, at jelleym@nclack.k12.or.us. Online-meeting information will be provided during the registration process. Attendance is non-mandatory. North Clackamas School

District (the “District”) conducts such meetings in order to clarify information provided in this

RFP and to provide interested Proposers an opportunity to ask questions about this RFP.

Statements made by the District’s representatives at the conference are not binding on the

District unless confirmed by written addendum.

Proposals Due:

Not later than 11:30 a.m. PST, May 14, 2026

Late proposals will not be accepted or considered.

Submit Proposals to:

North Clackamas School District

Attn: Megan Jelley, Senior Purchasing Specialist

12400 SE Freeman Way

Milwaukie, OR 97222

Direct Questions to:

Procurement Contact:

Megan Jelley, Senior Purchasing Specialist

Email: jelleym@nclack.k12.or.us

Phone: 503-353-6032

Deadline for Questions/Solicitation Protests:

April 30, 2026, 3 p.m. PST

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RFP Availability:

This RFP is available electronically through Oregon Buys website: http://oregonbuys.gov or by emailing Megan Jelley, Senior Purchasing Specialist at jelleym@nclack.k12.or.us. Complete solicitation documents may also be reviewed at 12400 SE Freeman Way, Milwaukie OR 97222.

Proposal Opening:

Proposals will be opened after 11:30 am on the date proposals are due.

Proposal Documents:

RFP for Architectural and Engineering Services

Attachment A: Sample Contract

Attachment B: Proposer Information Form/Certifications

Attachment C: Sample Proposal Evaluation Score Sheet

Attachment D: Certification Statement for Corporation or Independent Contractor

Attachment E: Reserved

Attachment F: Workers’ Compensation Exemption Certificate

Attachment G: Affidavit of Non-Collusion

Attachment H: References

Attachment I: Preliminary, Tentative, Conceptual Project Phasing Plan

Attachment J: Preliminary Conceptual Budget Categories

Attachment K: 2026 Bond Commitments

1. Attachment L: Program Management Pre-Bond Work Introduction.

1.1 About the District.

The District is Oregon’s fifth-largest school district and spans more than 40 square miles just southeast of Portland, OR, and serves the communities of

Milwaukie, Oak Grove, Happy Valley, and other parts of Clackamas County. The

District, with an enrollment of approximately 17,000 students, has five high schools, four middle schools, 18 elementary schools, four charter schools, one career technical school (on three campuses), and several support buildings.

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1.2 About the Project.

The District seeks architectural and engineering services for the planned

November 2026 Bond Levy’s bond projects estimated to exceed $245 million (not including interest earnings, grants, or possible premiums).

The scope of the 2026 Bond Program projects includes updates and improvements to thermal comfort, mechanical systems, facilities, sites, technology, safety, security, and accessibility. More information can be found in the Attachments I, J, K, and L to this RFP.

1.3 Timeline/Deadlines. The District anticipates the following general timeline for this RFP. The District reserves the right to change the schedule for dates at its sole discretion and for any reason. Proposers should ensure they are available on the date specified for possible interviews.

Anticipated Timeline/Deadlines (subject to change).

ACTIVITY DATE

Issuance of Request for Proposal April 14, 2026

Non-mandatory Pre-Proposal Meeting April 28, 2026, 9:30 a.m.

Deadline for Questions/Clarifications/Requests for Change/RFP Protests

April 30, 2026, 3 p.m.

Deadline for Addenda May 7, 2026

Deadline to Withdraw from RFP Process May 14, 2026, 11:30 a.m.

Deadline for Submission of Proposal May 14, 2026, 11:30 a.m.

Initial Evaluation of Proposal May 14, 2026 – May 22, 2026

Interviews (if required) June 2, 2026

Notice of Intent to Award June 10, 2026

Deadline for Filing Protest of Award June 17, 2026, 3 p.m.

Board Approval June 25, 2026

Anticipated Notice to Proceed TBD

Anticipated Contract Kickoff TBD

The District reserves the right to deviate from this schedule.

1.4 RFP Clarifications and Protests; Addenda.

(a) Informal Questions or Requests for Clarification.

Any Proposer requiring clarification of the information provided in this

RFP may submit specific questions or comments in writing to the

Procurement Contact shown on page 1 of this document. Email is the required form of written communication. The deadline for submitting such questions is set forth in Section 1.3.

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(b) Request for Change or Protest of Solicitation or Contract Documents

Any Proposer wishing to protest this RFP or request a change of any provision, specification, or contract term contained in the solicitation documents must submit such questions, comments, or protests to:

Megan Jelley, Senior Purchasing Specialist

Email: jelleym@nclack.k12.or.us

The deadline for submitting such protests is set forth in Section 1.3.

(c) Content of Solicitation Protest/Request for Clarification

The prospective Proposer’s written request for clarification or protest of this RFP must include all of the following and otherwise comply with

NCSD-48-0240(1):

(i) Sufficient information to identify the solicitation that is the subject of the protest or request;

(ii) The reasons for the protest or request, including any grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, or is legally flawed;

(iii) Evidence or supporting documentation that supports the grounds on which the protest is based; and

(iv) A statement of the desired changes to the procurement process or the solicitation document that the prospective Proposer believes will remedy the conditions upon which the prospective Proposer based its protest or request.

(d) Addenda

If the District determines that a change or clarification to the solicitation documents is necessary, such information, clarification, or interpretation will be supplied in a written addendum and made available on the Oregon

Buys website: http://oregonbuys.gov.

Addenda will have the same binding effect as though contained in this

RFP. The Procurement Contract will issue all addenda. Unless otherwise specified within an addendum, the District’s issuance of addenda will not extend the proposal due date and time. Minor clerical errors related to or within addenda issued by the District, including clerical errors in an addendum’s numbering or title, do not remove the responsibility of

Proposer to acknowledge all addenda. If there are any questions related to the contents of the addenda, or how to interpret them, it is the

-5-responsibility of Proposer to elevate those concerns for the District’s consideration.

Statements made by the District’s representatives are not binding on the

District unless confirmed by a written addendum.

(e) Extension of Closing

The District may extend the proposal due date and time set forth in

Section 1.3 for any reason, including if it determines an extension is necessary to consider and respond to a properly filed protest under this

Section 1.4.

2. Scope of Work. District seeks proposals from qualified architecture firms to provide professional design services, including planning, building programming, engineering, design, and construction administration services, and participate in community outreach as needed. The successful Proposer(s) will work with the Senior Director of Capital

Projects and the District’s representative to complete the project(s) and achieve District objectives. Project milestones are yet to be determined, but the District desires to complete some of its projects by summer 2027. Services to be provided include, but are not limited to the following and the services described in the sample contract:

2.1 Site Planning.

(a) TBD as needed.

2.2 Design, Permitting, Bid Assistance, and Construction Administration

Services.

(a) Architectural and engineering services are required for all phases of the project including pre-design (planning, programming, and concept design), schematic design, design development, construction documents, permitting, bid assistance, and construction contract administration during the construction phase. All design phases require cost estimating at each project milestone from concept design to construction documents.

(b) Anticipated disciplines as part of the project include, but are not limited to:

• Architecture

• Land Use

• Interior Design and FF&E coordination

• Civil

• Landscape/Planning

• Structural

• Mechanical

• Electrical

• IT and Security

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• Cost Estimating

• Sustainability

• Permitting

(c) It is the responsibility of Proposer to review the scope of work and determine required and optimal disciplines to include on the design team.

The District may, at its discretion, request additional disciplines or changes to the proposed team as part of contract negotiation.

(d) Other services in connection with public hearings, services for change orders, evaluation of claims, legal proceedings, or services made necessary by default of the contractor in the work, as may be required.

2.3 General Contractor Selection.

Assist the District with the selection of general contractors; the process and method is to be determined. This may consist of advising the selection committee, and assisting the District and project manager as needed throughout the process, including but not limited to:

• Provide information;

• Participate in pre-conference meeting;

• Provide information for the District to prepare responses to questions from potential proposers; and

• Potentially participating in the interview process.

2.4 Outreach and Engagement.

Participate in outreach efforts as needed. Outreach and engagement efforts. As needed prepare graphics, models, and other materials needed to communicate design concepts, and participate in and facilitate meetings with District staff and the general public.

2.5 Assistance with Project Delivery.

It is anticipated that construction contractors will be brought over within the next several years via a yet-to-be-determined project delivery method. Participate in the selection process of the construction contractor and work closely with the selected contractor throughout the project.

2.6 Team Collaboration.

Work closely with the District’s project manager and foster constructive working relationships with District staff. Coordination and collaboration with the general contractor will be imperative for a successful project. Coordination and support

-7-with the community will be needed as the District works to foster stronger community relations.

2.7 179 D Benefit Allocation.

2.8 See Section 5.20 of the Sample Contract, Exhibit A. Work with the District to qualify for funding as may be available to assist in the cost of construction of energy efficient and sustainable buildings.

3. Proposal Format, Content, and Submission.

3.1 Proposal Format.

The District’s proposal standards:

(a) Proposal includes a title page or cover letter, which must include the date, the solicitation name, the Proposer’s name, contact person, telephone number, email address, and complete mailing and street address.

(b) Proposal includes Attachments B, D, F, G, and H.

(c) Proposal addresses all Evaluation Criteria in the order presented in

Section 3.3.

(d) Proposal may not exceed 30 pages 8.5” x 11” pages with a minimum 11 point font, not including 10 pages of resumes, cover letters, and like attachments.

(e) Divider sheets, void of specifics related to the proposal content and evaluation, are required. Divider sheets will not be included in the page count unless they are used to convey information related to the proposal.

(f) Proposal is printed double-sided, when possible. Double-sided sheets are considered equal to two pages.

(g) Provide one hard-copy of the proposal marked “Original” and five additional hard copies, plus one electronic copy on a USB drive.

(h) Proposal is prepared simply and economically. Proposal is stapled rather than bound.

(i) Proposal does not include website links to incorporate information that is otherwise required to be part of the proposal content.

Please do not include sales or promotional materials as part of proposal, unless requested.

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3.2 Attachments: Proposer Certifications and Representations.

Each proposal will include completed Attachments B, D, F, G, and H, signed in ink or indelible pencil. An electronic signature will not be accepted in lieu of an original handwritten signature.

3.3 Proposal Content.

Proposals must provide all information requested and required under this RFP.

Proposals that do not provide all such information may be rejected as nonresponsive.

3.4 Proposal Responses to Evaluation Criteria

Each proposal must address each of the following Evaluation Criteria completely, and in the order provided:

Written Evaluation Criteria

Firm Experience and Approach

• Proposers’ history of relevant / similar type projects.

• Proposers’ performance history in meeting deadlines, submitting accurate estimates, producing high quality work, meeting financial obligations, price and cost date from previous projects, and cost controls and contract administration.

Maximum Points

Available: 15

Proposers’ Team Experience

• Proposed individuals’ experience and distinctive capabilities that will benefit the District in completing this scope of work.

• Key individuals that will be assigned to this project. Note comparable, similar projects on which the proposed team members have previously collaborated or note projects of a similar scope and context that members of the team have participated in separately and what specific positions and roles they played

• Experience of Proposers’ key staff persons in providing similar service.

• The current and projected workloads of the staff and resources referenced above during the planning, design, and construction phases of the NCSD projects

• The proportion of time Proposers’ estimate that the staff referenced above would spend on this project at each phase

Available: 40

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Subconsultants’ Team Experience

• Proposed subconsultants, their qualifications, proposed area of responsibility for the project, and COBID/OMWBE status.

• Key individuals that will be assigned to this project. Comparable projects on which the team has previously collaborated or note projects of a similar scope and context that members of the team have participated in separately.

• The current and projected workloads of the key individuals and resources referenced above during the planning, design, and construction phases of the NCSD projects

• Experience of Subconsultants key staff persons in providing similar services.

Maximum Points

Available: 25

Design Values and Approach

• Proposers’ design philosophy and approach to performing the requested services. How the services will be provided in detail..

Proposers’ ability to perform all the required tasks in section 2.

• Proposer’s description of what will make this project interesting and exciting in process, design, and construction phases Distinctive capabilities as a team that will benefit the District in completing the scope of work successfully.

• Team’s experience in master planning and land use processes.

Experience in working with NCSD’s local jurisdictions.

• Demonstrated reason why the firm wants to assist the District and why the District should place their trust in your firm.

Maximum Points

Available: 25

Project Management Methodology

• Proposers’ knowledge and understanding of the project and services described in the RFP as shown in Proposers’ approaches to staffing and scheduling needs for the project and any proposed solutions to any perceived design and constructability issues.

• The strategies for establishment of an atmosphere of collaboration and partnering with assigned District staff and representatives.

• Costing methodologies. Team’s ability to predict project costs at each phase of the project for new construction with specific examples.

• How the team will develop and meet the project schedule, including specific deadlines that are created. Examples of successful scheduling activities. How the project owner’s representative is

Available: 35

-10-brought into the activities. Scheduling tools Proposer will use for the project.

• Team’s specific and comprehensive process for developing a work plan.

• Proposed approach, strategy, schedule, and contracting method(s) for the scope of work.

Sustainability

• Organization’s dedication to sustainability in its everyday practices.

• Proposed methods that will be employed to promote sustainability in the services you will be providing.

Maximum Points

Available: 5

References

Using Attachment H, provide at least three references of owners, particularly public agency educational owners, whom you have provided Architectural and Engineering services for similar projects.

The references may be checked only on the top-scoring Proposers moving to the interview phase and/or as part of the interview evaluation. Other references (not provided) may be checked as well.

Maximum Points

Available: 5

Total Points

Available: 150

Interview Evaluation Criteria

Proposers’ Team Experience

• Proposed individuals’ experience and distinctive capabilities that will benefit the District in completing this scope of work.

• Key individuals that will be assigned to this project. Note comparable, similar projects on which the proposed team members have previously collaborated or note projects of a similar scope and context that members of the team have participated in separately and what specific positions and roles they played

• Experience of Proposers’ key staff persons in providing similar service.

• The current and projected workloads of the staff and resources referenced above during the planning, design, and construction phases of the NCSD projects

• How the proposed individuals work as a team and fit / compliment

NCSD staff, and representatives.

Available: 100

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The proportion of time Proposers’ estimate that the staff referenced above would spend on this project at each phase

Design Values and Approach

• Proposers’ design philosophy and approach to performing the requested services. How the services will be provided in detail..

Proposers’ ability to perform all the required tasks in section 2.

• Proposer’s description of what will make this project interesting and exciting in process, design, and construction phases Distinctive capabilities as a team that will benefit the District in completing the scope of work successfully.

• Team’s experience in master planning and land use processes.

Experience in working with NCSD’s local jurisdictions.

Demonstrated reason why the firm wants to assist the District and why the District should place their trust in your firm.

Maximum Points

Available: 20

Project Management Methodology

• Proposers’ knowledge and understanding of the project and services described in the RFP as shown in Proposers’ approaches to staffing and scheduling needs for the project and any proposed solutions to any perceived design and constructability issues.

• The strategies for establishment of an atmosphere of collaboration and partnering with assigned District staff and representatives.

• Costing methodologies. Team’s ability to predict project costs at each phase of the project for new construction with specific examples.

• How the team will develop and meet the project schedule, including specific deadlines that are created. Examples of successful scheduling activities. How the project owner’s representative is brought into the activities. Scheduling tools Proposer will use for the project.

• Team’s specific and comprehensive process for developing a work plan.

Proposed approach, strategy, schedule, and contracting method(s) for the scope of work.

Maximum Points

Available: 60

Reference checking Maximum Points

Available: 20

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Total Points

Available: 200

3.5 Proposal Submission.

Provide one hard-copy original proposal and five additional hard copies, along with an electronic copy on a USB drive.

Proposals are due no later than the due date and time as set forth in Section 1.3 to the Procurement Contact and at the location set forth on page 1 of this RFP.

It is Proposer’s sole responsibility to ensure that its proposal is delivered and received prior to the due date and time set forth in Section 1.3 of this RFP.

Proposals not received by the due date and time will be considered late. The

District will reject all late proposals.

Proposals will be submitted in a sealed envelope, or box, with the following information provided on the outside of the package:

(a) RFP title (2026 Bond Program Project Architectural and Engineering

Services);

(b) Proposer name; and

(c) Proposer address.

Proposals must be delivered to the address set forth on page 1 of this RFP no later than the due date and time set forth in Section 1.3. Proposals not received by the due date and time will be considered late. The District will reject all late proposals.

The District is not responsible for any failure or delay in submission of proposals;

Proposers are responsible for confirming receipt of proposals with the District.

3.6 Proposal Withdrawal.

A proposal may be withdrawn in person with proper identification, or by issuing a written request on company letterhead, signed by an authorized representative, and received by the District prior to the deadline to withdraw from the proposal process set forth in Section 1.3 above.

3.7 Confidential Information.

The District is subject to the Oregon Public Records Law (ORS 192.311 to

192.478), which requires the District to disclose all records generated or received in the transaction of District business, except as expressly exempted under

ORS 192.338 to 192.355, or other applicable law.

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Pursuant to ORS 279C.107, the District need not open proposals for public inspection until after execution of the contract(s) awarded under this section.

Thereafter, the District will not disclose records submitted by a Proposer that are exempt from disclosure under the Oregon Public Records Law, subject to the following procedures and limitations:

Proposer must mark all proposal pages containing the records it has determined as confidential under Oregon Public Records Law and must segregate those pages in the following manner:

(a) Such pages must be clearly marked “Confidential” on each page of the confidential document.

(b) Proposer must separate confidential pages from its other proposal pages by providing the confidential pages to the District in a separate envelope or package. Confidential pages must include two versions; one with redaction of confidential information and one without redaction of confidential information. Confidential pages must be submitted as part of both the hard copy and USB drive versions of the proposal.

(c) In its proposal, Proposer must cite the specific statutory exemption in

Oregon Public Records Law exempting such pages from disclosure.

(d) Subsections (a) and (b) above will prevail in the event these provisions conflict with formatting or response instructions elsewhere in this document.

(e) Proposers may not mark an entire proposal confidential. Should a proposal be submitted in this manner, the District will hold no portion of the proposal as confidential, unless such a portion is segregated as required under subsection (b) above and is determined exempt from Oregon Public

Records Law.

Notwithstanding the above procedures, the District reserves the right to disclose information that the District determines, in its sole discretion, is not exempt from disclosure or that the District is directed to disclose by the Clackamas County

District Attorney or a court of competent jurisdiction.

Prior to disclosing records marked confidential, the District will make reasonable attempts to notify Proposer of the pending disclosure.

4. Proposal Evaluation and Award.

4.1 Clarification of Responses.

In the event that one or more proposals are in need of clarification, the District will request such clarification in writing and will afford the Proposer(s) contacted an opportunity to respond in kind, with the necessary clarification.

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4.2 Proposal Evaluation.

The evaluation process of this RFP will be comprised of:

• a written proposal, and

• interviews (should the District determine they are required).

An Evaluation Committee, consisting of not less than three individuals, will evaluate the proposals. Each evaluator will independently evaluate and score proposals in accordance with the Evaluation Criteria. The District may assign certain evaluators specific Evaluation Criteria, in alignment with the evaluator’s expertise.

(a) Written Proposal Evaluation – Proposal Phase 1

(i) Each evaluator will independently score proposals in accordance with the Evaluation Criteria.

(ii) The District will average the written proposal scores per category and then sum the category averages for a total written evaluation score for each proposal.

(b) Invitation for Interview

(i) After scoring the written proposals under Section 4.2(a) of this

RFP, the Evaluation Committee may conduct interviews with up to three of the top-ranked Proposers if the Evaluation Committee determines that interviews are necessary or desirable in its sole determination.

(ii) The number of Proposers selected for interviews may be changed in the sole discretion of the Evaluation Committee.

(i) Proposers selected for interviews will be notified by the Evaluation

Committee at least _5_ business days in advance of the interview date.

(iii) No additions, deletions, or substitutions may be made to proposals during the interviews/presentations that cannot be viewed as clarification.

(c) Interview Evaluation

(i) Each evaluator will score the interview Evaluation Criteria.

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(ii) The District will average the interview scores per category and then will sum the category averages for a total interview evaluation score for each proposal.

(iii) The District will sum the written evaluation score and the total interview evaluation score to achieve a total score per Proposer.

(d) References

The District reserves the right to investigate references, including customers other than those listed in a Proposer’s submission. This inquiry may include without limitation investigation of past performance of any

Proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and its lawful payment of employees and subcontractors.

4.3 Notification of Intent to Award.

The District will notify Proposers of its Intent to Award by in OregonBuys.

4.4 Negotiation.

(a) After the District has issued the Notice of Intent to Award, the District will commence serial negotiations with the highest-ranked eligible Proposer(s).

(b) At any time during negotiations, the District may terminate negotiations with the highest-ranked eligible Proposer(s), or the eligible Proposer with whom it is currently negotiating if the District believes that:

(i) The eligible Proposer is not negotiating in good faith; or

(ii) Further negotiations or negotiations with the eligible Proposer will not result in the parties agreeing to the terms and conditions of a final contract in a timely manner.

(c) If the District terminates negotiations with an eligible Proposer, the

District may then commence negotiations with the next highest-ranked eligible Proposer.

(d) The District reserves the right to negotiate final contract terms with the selected Proposer(s) to the fullest extent allowed by law and as in the best interest of the District, including a maximum compensation level that the

District alone determines is fair and reasonable.

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4.5 Award of Contract.

The District may award one or more contracts pursuant to this RFP. If the District awards one contract pursuant to this RFP, it will award the contract to the responsible and responsive Proposer whose proposal the District determines in writing is the most advantageous to the District based upon the evaluation process and criteria described in this RFP, applicable preferences, and the outcome of any negotiations authorized by this RFP. If the District awards more than one contract pursuant to this RFP, it will award the contracts to the responsible Proposers whose proposals the District determines in writing are the most advantageous to the District based upon the evaluation process and criteria described in this RFP, applicable preferences, and the outcome of any negotiations authorized by this

RFP.

5. Solicitation Terms and Conditions; Protest of Award.

5.1 District Right to Cancel Solicitation.

The District reserves the right to cancel this RFP at any time or to reject any and all proposals, if the District determines that doing so is in the public interest.

5.2 Proposer Cost of Response Preparation.

Proposers will bear sole responsibility for all costs incurred in preparing and providing their proposals in response to this RFP. The District is not liable to any

Proposer for any loss or expense caused by or resulting from the cancellation of a solicitation or rejection of a proposal.

5.3 Submitted Materials are District Property.

All material submitted for any portion of a proposal in response to this RFP, or during any phase of this solicitation, will become the property of the District and will not be returned to Proposers.

5.4 Additional District Reservations.

The District reserves the right to reject all proposals, to reject any proposal not in compliance with all prescribed procedures and requirements, to waive any or all irregularities in proposals submitted, and to award any or all items or services contained in a proposal.

5.5 Proposal Validity.

Proposals will remain valid for a period of 75 days following the proposal submission deadline.

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5.6 Sufficient Information.

All Proposers represent and warrant that by responding to this RFP, they have been sufficiently informed in all matters relating to the performance of services solicited under this RFP and its attachments. Prior to submitting a proposal, all

Proposers will make a careful examination of this RFP and its provisions, including but not limited to all terms and conditions and specifications. Failure to take these precautions will not release a Proposer from performing the services solicited under this RFP in strict accordance with the terms of any contract awarded as a result of this RFP.

5.7 Protests.

(a) Protest of Contract Award

A Proposer may protest the Intent to Award a contract in accordance with

NCSD-48-0240(2), provided:

(i) Proposer is adversely affected because Proposer is the highest-ranked Proposer because:

(1) All higher-ranked proposals (or, in the event multiple contracts are awarded, a sufficient number of proposals) are nonresponsive or failed to meet the requirements of this

RFP, or

(2) All higher-ranked Proposers (or, in the event multiple contracts are awarded, a sufficient number of Proposers) are not qualified to perform the services required under this

RFP.

(ii) Address protest to:

PROTEST OF AWARD 2526-122

Megan Jelley, Senior Purchasing Specialist

Email: jelleym@nclack.k12.or.us

(iii) All protests of award must be in writing and received by the

Procurement Contact no later than 3 p.m. on the deadline for submitting such protests set forth in Section 1.3.

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

(v) Protests not filed within the time specified in Section 5.7(a)(iii) above, or which fail to cite the specific law, rule, regulation, or

-18-procedure upon which the protest is based, will be dismissed. An issue that could have been raised by request for clarification or protest of the solicitation is not a ground for protest of award.

(b) The District will resolve all protests in accordance with NCSD-48-

0240(3).

6. Contract Terms and Conditions.

6.1 Contract Award and Term.

The District will determine the number of contracts to be awarded at the time of contract award. Contracts may be awarded for all or a portion of the scope described in Section 2.

6.2 District Contract.

Proposers are advised to thoroughly review and familiarize themselves with the

District sample standard contract incorporated as Attachment A, including its insurance requirements.

The successful Proposer(s) will be invited to enter into a contract in substantially the form attached hereto as Attachment A.

Any contract resulting from this RFP will be based on the RFP documents and in compliance with the District Public Contracting Rules and the Public Contracting

Code.

6.3 Insurance.

Proposers are advised to carefully review the insurance requirements in the sample contract incorporated as Attachment A. Proposers will promptly provide

Certificates of Insurance at the District’s request.

MRSD17June24 1

Agreement #:

Project #:

Date:

PROFESSIONAL SERVICES AGREEMENT

(Architectural, Engineering, Land Surveying, and Related Services)

This Professional Services Agreement (“Agreement”) is made and entered into by and between North Clackamas School District (“Owner”) and (“Consultant”, as defined on next page). Owner and Consultant may be hereinafter identified individually as the “Party” and collectively as the “Parties”. The Parties agree as follows:

SCOPE OF WORK: Consultant will provide Owner with the architectural and engineering services (the “Services”) as described in Exhibit B for the North Clackamas School District’s 2026 Bond Program Projects described as updates and improvements to thermal comfort, mechanical systems, facilities, sites, technology, safety, security, and accessibility (the “Project”). More information can be found on the district website via About North Clackamas Schools’ Capital Construction link.

CONTRACT PERIOD: The Effective Date of this Agreement shall be the date on which this Agreement has been fully executed by all signatories below. Unless extended or terminated earlier as provided for in this Agreement, the Agreement End Date shall be December 31, 2032.

CONSIDERATION: The Services are more specifically described in Exhibit B. Owner agrees to pay Consultant a sum not to exceed $ for the performance of the Services, and the not-to-exceed sum of $ for reimbursable expenses. Progress payments shall be made in accordance with Exhibit C. The Agreement number AND Project number above must be included on all invoices and correspondence relating to this Agreement. Invoices shall be sent to North Clackamas School District’s Project Manager, TBD.

ESTIMATED APPROXIMATE CONSTRUCTION AND SOFT COST BUDGET: $245,000,000.

AGREEMENT DOCUMENTS: There are no covenants, promises, agreements, conditions, or understandings between the Parties, either oral or written, other than those contained in this Agreement. This Agreement and all Exhibits and attachments hereto together constitute the entire agreement between the Parties:

This Agreement less all Exhibits Exhibit A: Standard Terms and Conditions (Architectural, Engineering, Land Surveying, and Related Services) Exhibit B: Statement of Work Exhibit C: Consultant Compensation and Rate Schedule Exhibit D: Special Agreement Provisions Exhibit E: Tentative Critical Date Schedule Exhibit F: Assumptions and Exclusions Exhibit G: Owner Solicitation, including issued Addenda Exhibit H: Consultant’s Proposal dated Exhibit I: List of Subconsultants

SUPERSEDING EFFECT: Any Consultant response (proposal) attached to this Agreement is incorporated solely for: (i) any statement of fees and schedule that is consistent with the entire Agreement; and (ii) any statement of Consultant’s and its subconsultants’ and subcontractors’ scope of services that is consistent with the remainder of this Agreement or that provides basic services in addition to those stated in this Agreement. No other provisions of any proposal are part of this Agreement, including without limitation any purported limitation on liability. To the extent that a proposal term otherwise conflicts with the terms of this Agreement or is not included in this Agreement, such proposed terms are void and are expressly and wholly subject to the terms of this Agreement. In the event of overlap or inconsistency between the provisions of such proposals and the other terms of this Agreement, the provision that provides a better quality or quantity of service to Owner shall control.

OWNER REPRESENTATIVE: The Owner Representative for this Agreement is:

Ron Stewart, Senior Director of Capital Projects, stewartro@nclack.k12.or.us, 971-563-8600.

ATTACHMENT A

SAMPLE CONTRACT

A-1 mailto:stewartro@nclack.k12.or.us

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PROFESSIONAL SERVICES AGREEMENT

(Architectural, Engineering, Land Surveying, and Related Services)

The Owner Representative shall be the initial point of contact for all matters related to performance, payment, and carrying out the responsibilities of Owner.

CONSULTANT REPRESENTATIVE: The Consultant Representative for this Agreement is:

TBD.

The Consultant Representative shall be the initial point of contact for all matters related to performance, payment, and carrying out the responsibilities of Owner.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES ON THE SUBJECT MATTERS ADDRESSED HEREIN. CONSULTANT, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS THIS AGREEMENT, AND AGREES TO BE BOUND BY ALL OF THIS AGREEMENT’S TERMS AND CONDITIONS. THIS AGREEMENT, AND ANY AMENDMENTS TO IT, MAY BE EXECUTED IN COUNTERPARTS (EACH OF WHICH SHALL BE AN ORIGINAL AND ALL OF WHICH SHALL CONSTITUTE BUT

ONE AND THE SAME INSTRUMENT) OR IN MULTIPLE ORIGINALS.

CONSULTANT North Clackamas School District

Address Attn: Tiffany Shireman, Chief of Staff 12400 SE Freeman Way, Milwaukie OR 97222

Signature: Date: Signature: Date:

Name: Name: Tiffany Shireman

Title: Title: Chief of Staff

Email: Note: Pursuant to the North Clackamas School District Rules of Procurement, no work can begin under this Agreement prior to full execution by all authorized signatories. Phone:

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EXHIBIT A – STANDARD TERMS AND CONDITIONS

(Architectural, Engineering, Land Surveying, and Related Services)

1. RELATIONSHIP OF THE PARTIES

1.1 Consultant shall provide the Services for the Project in accordance with the terms and conditions of this Agreement. Consultant’s performance of Services shall be as a professional consultant to Owner to carry out the Project and to provide the technical documents, if required, and supervision to achieve Owner’s Project objectives.

1.2 A list of all subconsultants which Consultant intends to utilize on the Project (“Subconsultants”) is included in Exhibit I, if applicable. Consultant shall provide information on the qualifications of Subconsultants as may be requested by Owner. Owner reserves the right to review proposed additional or replacement Subconsultants. Consultant shall not retain a Subconsultant to which Owner has a reasonable objection. As used in this Agreement, the term “Subconsultants” includes all consultants, contractors, and suppliers under contract with Consultant to provide a portion of the Services required under this Agreement.

1.3 Consultant acknowledges that this Agreement was awarded on the basis of the unique background and abilities of the key personnel of Consultant and Subconsultants identified by Consultant (collectively, the “Key Personnel” and individually, the “Key Person”). Therefore, Consultant shall make available Key Personnel as identified in its proposal. If any Key Person becomes unavailable to Consultant, the Parties shall mutually agree upon an appropriate replacement. Without prior notice to, and the written consent of, Owner, Consultant shall not: (i) re-assign or transfer any Key Person to other duties or positions so that the Key Person is unable to fully perform their responsibilities under this Agreement; (ii) allow any Key Person to delegate to anyone their performance of any management authority or other responsibility required under this Agreement; or (iii) substitute any Key Person. Any of these actions shall constitute a material breach of this Agreement. Consultant shall remove any individual or Subconsultant from the Project if so directed by Owner in writing following discussion with Consultant, provided that Consultant shall have a reasonable time period within which to find a suitable replacement.

1.4 For any subcontract under this Agreement, Consultant shall require that the Subconsultant or subcontractor be bound by all the same terms and conditions of this Agreement, in addition to any other provisions Owner may require. Such subcontracts are solely between Consultant and Subconsultant or subcontractor and shall not have any binding effect on Owner.

2. CONSULTANT’S RESPONSIBILITIES; REPRESENTATIONS AND WARRANTIES

2.1 Consultant agrees that:

2.1.1 The phrase “Standard of Care” that is used in this Agreement is defined as follows: the same professional skill, care, diligence, and standards as other professionals performing similar services under similar conditions in a similar location;

2.1.2 Consultant shall perform all the Services in accordance with the Standard of Care;

2.1.3 Consultant shall prepare, in accordance with the Standard of Care, all deliverables, and other documents so that they accurately reflect, fully comply with and incorporate all applicable laws, MRSD17June24 A-2 rules, and regulations, and so that they are complete and functional for the purposes intended, except as to any deficiencies which are due to causes beyond the control of Consultant;

2.1.4 Consultant shall rely on its professional judgment as to the accuracy and completeness of Owner-provided services and information. Consultant shall provide prompt written notice to Owner if Consultant becomes aware of any material deficiencies, errors, omissions, or inconsistencies in Owner services or information or if, in Consultant’s opinion, the Construction Cost Budget will not be sufficient to complete the construction as programmed.

2.1.5 Consultant shall be responsible for correcting any inconsistencies, errors, or omissions in the drawings, specifications, deliverables, and other documents prepared by Consultant or its Subconsultants at no additional cost to Owner;

2.1.6 Owner’s review or acceptance of documents shall not be deemed as approval of the adequacy of the drawings, specifications, deliverables, and other documents. Any review or acceptance by Owner will not relieve Consultant of any responsibility for complying with the Standard of Care;

2.1.7 Except as provided in Additional Services within Exhibits B and C, Consultant shall, at no additional cost to Owner, render assistance to Owner in resolving problems or other issues relating to the Project design or specified materials;

2.1.8 Owner shall pay for and Consultant shall obtain, hold, and maintain all permits required for the Project, unless otherwise specified in this Agreement. Consultant shall review the Project site and the nature of the Services and advise Owner throughout the course of the Project as to the necessity of obtaining all Project permits and licenses, the status of the issuance of any such permits and licenses, and any issues or impediments related to the issuance or continuation of any such permits and licenses;

2.1.9 Consultant shall pay all Subconsultants as required by Consultant’s contracts with those Subconsultants. Consultant agrees that Owner has no direct or indirect contractual obligation or other legal duty whatsoever to pay the Subconsultants of Consultant or otherwise ensure that Consultant makes full and timely payment to those Subconsultants for the Services performed on the Project; and

2.1.10 Consultant shall ensure that Consultant and all Subconsultants and other subcontractors of Consultant will not have direct, unsupervised contact with minors while on Owner’s property.

For purposes of this section, “unsupervised contact with minors” means contact that provides the person with the opportunity for probable personal communication or touch with minors when not under direct Owner supervision. Consultant authorizes Owner to obtain information about Consultant’s history. Consultant further authorizes (or will cause to be authorized) Owner to conduct criminal background checks, including fingerprinting, of any Consultant personnel who might have unsupervised contact with minors. Consultant will cause its personnel to authorize Owner to conduct these background checks, and Consultant must pay all fees associated with processing background checks. Owner may deduct the cost of these fees from progress payments or final payment to Consultant under this Agreement, unless Consultant elects to directly pay these fees.

2.2 Consultant represents and warrants to Owner that:

2.2.1 Consultant has the power and authority to enter into and perform this Agreement; the persons executing this Agreement on behalf of Consultant have the actual authority to bind Consultant to the terms of this Agreement;

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2.2.2 When executed and delivered, this Agreement shall be a valid and binding obligation of Consultant enforceable in accordance with its terms; the provisions of this Agreement do not conflict with or result in a default under any agreement or other instrument binding upon Consultant and do not result in a violation of any law, regulation, court decree, or court order or other legal process applicable to Consultant;

2.2.3 Consultant shall, at all times during the term of this Agreement, be duly licensed to perform the Services, and if there is no licensing requirement for the profession or the Services, be duly qualified and competent;

2.2.4 Consultant is an experienced firm having the skill, legal capacity, and professional ability necessary to perform all the Services required under this Agreement and to design and administer a project having the scope and complexity of the Project;

2.2.5 Consultant has the capabilities and resources necessary to perform Consultant’s obligations under this Agreement;

2.2.6 Consultant is, or shall become, in a manner consistent with the Standard of Care, familiar with all current laws, rules, and regulations that are applicable to the design and construction of the Project;

2.2.7 The Project, when completed and if constructed in accordance with the intent established by the drawings, specifications, deliverables, and other documents prepared by Consultant pursuant to this Agreement, shall be structurally sound and a complete and properly functioning facility suitable for the purposes for which it is intended; and

2.2.8 The published specifications of the “Automated Systems” that Consultant has specified, designated, and planned pursuant to this Agreement conform to the Agreement requirements.

For the purposes of this subsection, “Automated Systems” shall mean any computers, software, firmware, HVAC systems, elevators, electrical systems, fire or life safety systems, security systems, and any other electrical, mechanized, or computerized devices serving the Project.

2.3 The warranties set forth in this section are in addition to, and not in lieu of, any other warranties provided in this Agreement or at law.

3. RESPONSIBILITIES OF OWNER; SPECIAL CONTRACT PROVISIONS

3.1 Owner’s responsibilities under this Agreement, and certain additional responsibilities of Consultant, are set forth in Exhibit D – Special Agreement Provisions.

4. DEFINITIONS. [RESERVED]

5. GENERAL CONTRACT PROVISIONS

5.1 Access to Records. For not less than ten years after the Agreement’s expiration or termination, Owner, the Secretary of State’s Office of the State of Oregon, the federal government, any other authority having jurisdiction, and their duly authorized representatives shall have access to the books, documents, papers, and records of Consultant and Subconsultants which pertain to the Agreement for the purpose of making audits, examination, excerpts, and transcripts. If, for any reason, any part of this Agreement, any Project-related Consultant contract, or any Project-related construction contract is involved in litigation, Consultant shall retain all pertinent records for not less than ten years or until all litigation is resolved, whichever is longer. Consultant shall provide Owner and the other entities referenced above with full access to these records in preparation for and during litigation.

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5.2 Amendments. All amendments shall be pursuant to OAR 137-048-0320. The terms and conditions contained in this Agreement may not be added to, modified, superseded, or otherwise altered except by a written modification signed by an authorized representative of Owner and Consultant.

5.3 Compliance with Applicable Law. Consultant shall comply with all federal, state, and local laws, regulations, executive orders, and ordinances applicable to the Services. Owner’s performance under this Agreement is conditioned upon Consultant’s compliance with the provisions of ORS 279C.505, 279C.515, 279C.520, and 279C.530, which are hereby incorporated by reference. Consultant, Subconsultants, if any, and all employers providing the Services, labor, or materials under this Agreement are subject employers under the Oregon workers’ compensation law and shall comply with

ORS 656.017.

5.3.1 Nondiscrimination (Required by ORS 279A.110). Consultant shall not discriminate against a disadvantaged business enterprise, a minority-owned business, a women-owned business, a business enterprise that a service-disabled veteran owns, or an emerging small business that is certified under ORS 200.055.