invitation to bid (itb) air cooled chiller patton middle...

INVITATION TO BID (ITB)

AIR COOLED CHILLER

PATTON MIDDLE SCHOOL

ITB 2017-04

McMinnville School District No. 40 McMinnville, Oregon

Issued: January 20, 2017 Proposals Due: February 7, 2017 2:00 PM, PST

Single Point of Contact (SPC): Susan Escure, Finance Director Label for Bids : ITB 2017-04 Air Cooled Chiller – Patton MS Address: 1500 NE Baker Street, McMinnville OR, 97128 Phone: 503-565-4005 Fax: 503-565-4030 Email: [email protected]

ITB 2017-04

mailto:[email protected]

BID PACKET CONTENTS

TABLE OF CONTENTS

Section 1 Instructions to Bidders Section 2 Specifications Section 3 Bid Sheets

ITB 2017-04

SECTION 1 INSTRUCTIONS TO BIDDERS

NOTE: For purposes of these instructions and all other contract documents, the name McMinnville School District No. 40 may be abbreviated to “District” and both names signify the same governmental entity. 1.01 LEGAL NOTICE January 20, 2017

McMINNVILLE SCHOOL DISTRICT No. 40 INVITATION TO BID

AIR COOLED CHILLER Patton Middle School

ITB 2017-04 Sealed bids for Patton Middle School Air Cooled Chiller will be received on Wednesday, February 7, 2017 until 2:00PM. The bid is for equipment and delivery to the project site. The bid shall be in accordance with specifications available by contacting Susan Escure, Finance Director, phone 503-565-4005, email [email protected]. Bids shall be submitted in a sealed envelope and received by the McMinnville School District at the District Office, 1500 NE Baker Street, McMinnville, Oregon, 97128, Attention: Susan Escure, Finance Director. The McMinnville School District may cancel the procurement or reject any or all bids in accordance with ORS 279.100. 1.02 SCHEDULE

January 20, 2017 Advertise McMinnville News Register and Daily Journal of Commerce

January 31, 2017

February 2, 2017

Questions/Requests for Clarification Due Last Addendum Issued

February 7, 2017 BIDS DUE - 2:00 PM PST

February 9, 2017 Issuance of Notice of Intent to Award (approximate)

February 16, 2017 Award Protest Period Ends ( 7 days after award)

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1.03 BID DELIVERY All bids may be hand-delivered or mailed with the following label or subject heading: “ITB 2017-04 Air Cooled Chiller – Patton MS” to the following address:

McMinnville School District No. 40 Attention: Susan Escure, Finance Director 1500 NE Baker Street McMinnville, Oregon 97128

Bidder is solely responsible for ensuring its bid is received by the SPC in accordance with the ITB requirements. The District is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. A bid submitted by any means not authorized will be rejected.

Proposals will be accepted during the District’s normal Monday-Friday business hours of 7:00 am to 5:00 pm Pacific Time, except during District holidays and other times when the District office is closed.

1.04 DISTRICT SINGLE POINT OF CONTACT (SPC) There will be only one point of contact during this procurement process for questions concerning the procurement process, change, clarification, award process and any other questions that may arise. Contact Susan Escure, Finance Director, McMinnville School District No. 40, 1500 Northeast Baker Street, McMinnville, Oregon 97128, telephone 503-565-4005, fax 503-565-4030, email [email protected] or regular mail delivered to: 1500 NE Baker Street, McMinnville, OR 97128. 1.05 DURATION OF BID Each bid shall be irrevocable for a period of 90 days from date of bid opening. 1.06 RESERVATIONS The Board of Directors of the McMinnville School District expressly reserves the right to reject all bids, reject any bid not in compliance with prescribed bidding procedures and requirements, reject any bid not meeting the specifications set forth herein, waive any or all irregularities in bids submitted, consider the competency and responsibility of bidders in making any award, and to make the award based on their best judgement as to which merchandise or services comply with the specifications.

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1.07 PROCUREMENT PROCESS

A. Questions, Requests for Change, or Protests

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

● Be delivered to the SPC via email, mailed or hand-delivered in writing ● Reference the ITB name and number ● Identify Bidders name and contact information ● Refer to the specific area of the ITB being questioned (i.e. page, section and

paragraph number); and ● Be received by the due date and time for Questions/Requests for Clarification

identified in the Schedule.

Inquiries requiring clarification or modification from the District will be documented in an Addenda. Addenda to this solicitation will be emailed to all potential bidders who requested a bid packet. The addenda will also be posted on the District website at http://mcminnville.ss7.sharpschool.com/cms/One.aspx?portalId=343110&pageId=9662269.

1.08 AWARD NOTIFICATION PROCESS

A. Intent to Award Notice The District’s written notice of contract award shall constitute a final decision of the District to award the contract or proceed to purchase if no written protest of the contract award is filed with the District’s Single Point of Contact within seven (7) calendar days following issuance of the award documents. If a protest of contract award is timely filed by an actual aggrieved bidder, the award documents shall constitute a final decision of the District only upon issuance to the protesting bidder of a written decision denying the protest and affirming the award.

B. Protest of Notice of Intent to Award

An affected Bidder shall have seven (7) calendar days from the date of the intent to award notice to file a written protest and specify the grounds for the protest as set forth in ORS 279B.410(1). Protests must be delivered to the SPC via email or hardcopy, reference the ITB name, identify the Bidder’s name and contact information, be signed by an authorized representative, and specify the grounds for the protest. The District will address all timely submitted protests within a reasonable time and will issue a written decision to the respective Bidder.

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http://mcminnville.ss7.sharpschool.com/cms/One.aspx?portalId=343110&pageId=9662269

1.09 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Yamhill County for the State of Oregon.

1.10 CANCELLATION OF SOLICITATION

Pursuant to ORS 279B.100, the District may reject any or all bids in-whole or in-part, or may cancel this solicitation at any time when the rejection or cancellation is in the best interest of the District. The District is not liable to any bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the ITB, award, or rejection of any bid.

1.11 CONTRACT Attachment B – Terms and Conditions. Attachment B contains the District’s standard terms and conditions for this purchase, and is incorporated herein by this reference.

All specifications, terms and conditions contained in the Invitation to Bid shall be incorporated by

reference and made a part of a contract awarded to the successful bidder.

End of Section 1

ITB 2017-04

SECTION 2 SPECIFICATIONS

2.01 SUMMARY The District is seeking bids for an air cooled chiller per the attached specifications to be delivered to:

Patton Middle School 1175 NE 19th Street,

McMinnville, Oregon 97128 Section 2 Attachment A – Patton Middle School Improvements (Section 23 64 00) provides the specifications for the chiller to be installed at this site. The Invitation to Bid is for the chiller equipment and delivery and does not include the installation. The chiller will be installed by a general contractor who is awarded the work to be performed at that building. The general contractor selected by the District will be responsible for installing the chiller per specifications.

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BID FORM 2017-04 AIR COOLED CHILLER – PATTON MS

The undersigned further certifies that he/she has carefully examined the bidding documents and addenda and understands and agrees to abide by all terms and conditions of this invitation to bid if awarded. Acknowledgment of Addendum: None _____ 1. _____ 2. _____ 3. _____ BID PRICE: TOTAL (Figures) $__________________ Dollars TOTAL (Words) ________________________________________________________ Dollars ATTACHMENT TO BID FORM: Bidders to attach manufacturer specifications, warranty information and schedule for approval and delivery. Bid is FIRM for 90 days following the Closing. Company Name (DBA): Legal Name: Address: _______________________________________________________________ Type of Organization (Circle One): Sole Proprietor / Partnership / Corporation If Corporation, State of Incorporation If Partnership, attach list of all general and limited partners. Equipment Only – The undersigned understands that the ensuing contract award is for delivered pricing of equipment only. Installation and control integration shall be performed by District contractors.

Agreement to Provide Delivery: The undersigned offers and agrees to furnish all items awarded at the prices quoted, F.O.B. specified delivery point, and agrees to make delivery as specified. All shipping charges will be prepaid and added to the unit cost. The undersigned confirms that all prices are quoted F.O.B. Destination.

Non-Discrimination: The Bidder certifies that it does not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, national origin, marital status, age or disability or other non-job-related factors as per ORS 659 and 42 U.S. C. 2000e. Resident Bidder: Is the proposer an Oregon resident bidder as provided in ORS 279A.120 (ie.paid unemployment taxes or income taxes in Oregon during the 12 calendar months immediately preceding submission of the proposal, and has a business address in Oregon) ?: YES __ NO __

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Certification: Bidder certifies that all contents of this bid form (including any other forms or documentation, if required under this ITB) and this Proposal Certification Sheet, are truthful and accurate and have been prepared independently from all other Proposers, and without collusion, fraud, or other dishonesty. Person signing below certifies they have legal authority to submit bid form on behalf of the Company named above.

BY: TITLE: Signature BY: DATED: Print/type name CONTACT PERSON: Name: Telephone: E-mail: Fax Number:

ITB 2017-04

PATTON MIDDLE SCHOOL IMPROVEMENTS SECTION 23 64 00

01/13/2017 Page 1 PACKAGED WATER CHILLERS

PART 1 - GENERAL

1.1 SUMMARY

A. Work Included:

1. Air Cooled Water Chillers

1.2 RELATED SECTIONS

A. Contents of Division 23, HVAC and Division 01, General Requirements apply to this

Section.

1.3 REFERENCES AND STANDARDS

A. References and Standards as required by Section 23 00 00, HVAC Basic Requirements

and Division 01, General Requirements.

B. In addition, meet the following:

1. Chiller efficiency and capacity performance data to be certified per current

version of AHRI Standard 550/590.

2. Chiller acoustic sound performance data to be rated in accordance with current

versio of AHRI STandard 370/575.

3. Comply with Standards ANSI/ASHRAE 15 and ASME Section VIII.

4. Electrical components except for motor to be listed and labeled by UL.

Assemblies to be constructed in accordance with UL-465.

1.4 SUBMITTALS

A. Submittals as required by Section 23 00 00, HVAC Basic Requirements and Division 01,

General Requirements.

B. In addition, provide:

1. Product Data: Provide rated capacities, weights, specialties and accessories

refrigerant, electrical requirements and wiring diagrams.

2. Shop Drawings: Indicate components, assembly, dimensions, weights and

loadings, mounting and anchorage, required clearances, and location and size of

field connections. Indicate equipment, piping and connections, valves, strainers,

and thermostatic valves required for complete system.

3. Provide part load operating characteristics and application part load value

calculation (NPLV) in accordance with AHRI Standard 550/590 Certified

Reports for:

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sescure

Typewritten Text

SECTION 2 - ATTACHMENT A



a. EER Full Load and IPLV @ standard AHRI conditions.

b. EER Full Load and NPLV @ design conditions.

c. A-weighted sound level. Individual frequency range data to be db, not

A-weighted. Note if data is sound pressure or sound power.

d. Fluid pressure drops in feet head.

e. Refrigerant type & volume in pounds per circuit.

f. Fouling Factor (AHRI defaults unless noted otherwise)

g. Elevation

h. Percent & Type Glycol

4. Manufacturer's Instructions: Submit manufacturer's complete installation

instructions.

1.5 QUALITY ASSURANCE

A. Quality assurance as required by Section 23 00 00, HVAC Basic Requirements and

Division 01, General Requirements.

1.6 WARRANTY

A. Warranty of materials and workmanship as required by Section 23 00 00, HVAC Basic

Requirements and Division 01, General Requirements.

B. In addition, provide:

1. Minimum 1 year parts, materials and labor and 5 year compressor parts-only

warranty.

1.7 COORDINATION

A. Coordinate size and location of concrete bases including but not limited to sufficient base

footprint to allow proper anchorage and anchor-bolt inserts.

B. Coordinate installation of roof curbs and penetrations.

PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. Air Cooled Water Chillers:

1. Trane

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2. Carrier

3. Daikin Applied

4. Or approved equivalent.

2.2 AIR COOLED WATER CHILLER

A. Description:

1. Factory assembled packaged air-cooled water chiller consisting of compressors,

condensers, evaporator, lubrication system, refrigerant piping and specialties,

wiring and operating and safety controls including motor starter and control

center, contained on common frame. Unit fully charged with refrigerant at

factory.

2. Electrical components mounted in rain-tight enclosure.

3. UL listed and labeled.

4. Units to have Energy Efficiency Rating (EER)/Coefficient of Performance (COP)

as indicated on drawings and not less than prescribed by ASHRAE Standard 90.1

or local energy codes. Performance certified per ARI 550-88 and based on

0.00010 fouling factors for evaporator.

B. Compressor: Direct drive, semi-hermetic rotary screw compressor with slide valve or

hermetic scroll compressors; positive displacement oil pump; suction and discharge

service valve; internal muffler; crankcase heater; suction strainer; oil strainer; oil sight

glass; and oil charging connection.

C. Motor: Continuous duty induction type, suction gas cooled and suitable for voltage

fluctuation of plus or minus 10 percent of nameplate voltage. Provide solid-state thermal

overload sensors in each motor winding and external overload protection on all three

phases.

D. Evaporator: Shell and tube design with seamless copper tubes expanded into tube sheets

and removable heads for mechanical tube cleaning. Units tested and stamped in

accordance with ASME Code for Unfired Pressure Vessels for refrigerant side working

pressure of 225 PSIG and waterside working pressure of 150 PSIG. Provide water

manifold package for single supply and return water connections.

E. Air-Cooled Condensers: Unit circuited to provide subcooling. Condensers constructed

of 1/2-inch OD seamless copper tubes with mechanically bonded aluminum fins, leak

tested at 150 PSIG, pressure tested at 450 PSIG.

1. If subject to salt spray, provide complete coverage flexible epoxy or phenolic dip

and back coating of condenser coils and fins, minimum 0.8 mils, rated for 5,000

salt spray test. Coating to include UV protection. Ensure bridging does not occur

between fins. Maximum allowable degradation of heat transfer performance due

to coatings is 1 percent.

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F. Condenser Fans and Motors: Provide direct-drive, propeller type condenser fans, with

steel wire safety guards and 3-phase, permanently lubricated and inherently protected

Totally Enclosed Air-Over (TEAO) motors with corrosion resistant fan shaft.

G. Head Pressure Control: Provide head pressure control system by cycling fans based on

combination of discharge pressure and ambient temperature to permit operation to 40

degrees F outdoor ambient temperature.

H. Head Pressure Control: Provide head pressure control system by varying speed of lead

fan on each refrigeration circuit based to permit operation to 0 degrees F outdoor ambient

temperature.

I. Refrigerant Circuit Accessories: Provide required refrigeration accessories including

condenser liquid line valves, combination filter-dryers, solenoid liquid stop valves, liquid

line sight glasses, expansion valves and isolation valves adequate to allow isolation and

servicing of compressors, receivers, and evaporators.

J. Insulation: Factory insulate evaporator including heads and cold refrigerant piping, with

1-inch expanded polyvinyl chloride (K = 0.28) over evaporator to protect against

freezing. Provide heat tape over evaporator to protect from freezing at ambient air

temperatures to -20 degrees F.

K. Wiring: Field wiring to consist of single point electrical connection to chiller and 115V

control interlock wiring to pumps and flow switches. Provide terminals.

L. Flow Switches: Provide flow switches in chilled water main for positive determination

of water flow.

M. Control Panel: Unit equipped with control panel utilizing 120-volt, single phase power

supply from transformer in starter and containing following microprocessor based

accessories and features:

1. Display of evaporator/condenser refrigerant pressures, oil pressure,

return/leaving chilled water temperature, evaporator/condenser refrigerant

temperatures, compressor discharge temperature, oil temperature, saturation

temperature in evaporator and condenser, compressor run status (elapsed time

meter).

2. Provide programming of setpoints through keypad and include leaving chilled

water temperature, percent current demand, and remote reset temperature range.

a. Provide provisions for chilled water reset based on outside air space

temperature.

3. Safety controls annunciated through alpha-numeric display and include high/low

oil pressure, high/low refrigerant pressure, low chilled water temperature, starter

faults, low flow through evaporator, high oil temperature, high compressor

discharge temperature, high motor temperature high current.

4. Battery back-up for control panel with circuit protection from high voltage and

power surge conditions.

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5. Choice of control modes from hand/off/auto.

6. Extra contact to annunciate machine failure to remote area and extra contact for

safety shutdown from external source.

7. Pilot relays to start chilled water pumps.

8. Time limit control to limit starts to one in 30 minutes or as recommended by

manufacturer.

9. Communications to BAS to consist of BACnet communications protocol.

Coordinate with Division 23, HVAC, Instrumentation and Controls. Provide

separate interface signal for BAS communications port to monitor and control

following:

a. Entering and leaving chilled water temperature

b. Chilled water set point

c. Current limit set point

d. Runtime - Hours

e. System Fault

f. On/off Control Signal

N. Capacity Control: Electronic thermostat and controller to modulate capacity of machine

to maintain constant (plus or minus 0.5 degree F) chilled water supply temperature.

Chilled water temperature setpoint to be remotely adjustable from building control

system. Coordinate requirements with Division 23, HVAC, Instrumentation and

Controls. Machine modulates to within 20 percent capacity without using hot gas bypass

per ARI 550 requirements.

O. Starter:

1. Provide unit mounted starter cabinet with combination starter, and circuit

breakers.

2. Provide protection devices including 3 leg overload protection high temperature

safety protection with indicating light and reset button, over and under voltage

protection.

3. Provide indicator lights on starter panel including control power on, chiller start,

chiller run, overload current.

P. Refrigerants: Chillers using HFC-134a are acceptable. Chillers using other refrigerants

are not acceptable unless prior approval received.

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CHW AMBIENT SOUND OPERATING BASIS

NOMINAL FLOW EWT / LWT AIR REFRIG. WPD POWER WEIGHT OF

SYMBOL DESCRIPTION TONS

(GPM) (F) (F)

TYPE IPLV EER

(FT) (DBA) (LBS)

DESIGN MCA MOCP NOTES

CH-1 AIR COOLED ROTARY SCREW CHILLER 280 640 52/42 95 R410A 15.8 10.6 13 10317,500

TRANE RTAF280 460/3 544.0 7001,2,3

NOTES:

1 SOUND POWER IS A-WEIGHTED.

2

100% WATER, NO GLYCOL

3UNIT-MOUNTED COMPRESSOR MOTOR VARIABLE FREQUENCY DRIVE PROVIDED BY CHILLER MANUFACTURER.

CHILLER - AIR COOLED

ELECTRICAL

VOLT/PH

100 SW Main Street, Suite 1600

Portland, OR 97204

TEL 503.382.2266

FAX 503.382.2262

www.interfaceengineering.com

Date:

Project No.:

Contact:

Sheet Ref.:

Sheet:

Revision: Scale:

CHILLER EARLY ORDER PACKAGE

PATTON MIDDLE SCHOOL

01/13/2017

4016-0445

Jason Sullivan

M0.02

1

1 NONE ITB 2017-04

ITB 2017-04 ATTACHMENT B

STANDARD TERMS AND CONDITIONS

McMINNVILLE SCHOOL DISTRICT CONTRACTS FOR

THE PURCHASE OF SUPPLIES AND/OR SERVICES

1. DEFINITIONS:

"Contract' means the entire written agreement between the parties, including but not limited to the Invitation to Bid or Request for Proposal and its specifications, terms and conditions; solicitation instructions; solicitation addenda and contract amendments, if any; the purchase order or price agreement document.

"Contractor" means a person or organization with which the District of Oregon has contracted for the purchase of goods the terms "Contractor" and "Seller" as used in the Uniform Commercial Code (ORS chapter 72) are synonymous;

"ORS' means the Oregon Revised Statutes;

"District" means the agency making the purchase and is synonymous with "Buyer" as used in ORS

chapter 12. "District" also means an ORCPP member if the purchase is being made under the District of Oregon’s cooperative purchasing program authorized by ORS 190.240.

2. WORKERS' COMPENSATION: The Contractor, its subcontractor, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers’ Compensation Law and shall comply with ORS 656.017, which requires them to provide Oregon workers' compensation coverage that satisfies Oregon law for all their subject workers.

3. STANDARD AND SPECIAL TERMS AND CONDITIONS: The terms and conditions printed on this page are standard to District contracts for the purchase of goods. There may also be special terms and conditions in an Invitation to Bid or Request for Proposal which apply only to this contract.

4. DELIVERY: All deliveries shall be F.O.B destination with all transportation and handling charges paid by Contractor, unless specified otherwise in the solicitation documents. Responsibility and liability for loss or damage shall remain with Contractor until final inspection and acceptance when responsibility shall pass to the Di except as to latent defects, fraud and Contractor's warranty obligations.

5. INSPECTIONS: Goods furnished under this contract shall be subject to inspection and test by the District at times and place determined by the District. If the District finds goods furnished to be incomplete or not in compliance with solicitation specifications, the District may reject the goods and require Contractor to either correct them without charge or deliver them at a reduced price, whichever is equitable under the circumstances. If Contractor is unable or refuses to cure any defects within a time deemed reasonable by the District, the District may reject the goods and cancel the contract in whole or

ITB 2017-04

in part. Nothing in this paragraph shall in any way affect or limit the District's rights as buyer, including the rights and remedies relating to rejection under ORS 72.6020 and revocation of acceptance under ORS 72.6080.

6. WARRANTIES: Unless otherwise stated, all goods shall be new and current model and shall carry full manufacturer warranties. Contractor warrants all goods delivered to be free from defects in labor, material and manufacture and to be in compliance with solicitation specifications. All implied and expressed warranty provisions of the Uniform Commercial Code (ORS chapter 72) are incorporated in this contract. All warranties shall run to the District.

7. CASH DISCOUNT: If the District is entitled to a cash discount, the period of computation shall commence on the date the entire order is delivered or the date the invoice is received, whichever is later.

8. PAYMENT: Payment for completion of District contracts is normally made within 30 days following the date the entire order is delivered or the date the invoice is received, whichever is later. After 45 days, Contractor may assess overdue account charges up to a maximum rate of two-thirds of one percent per month (8% APR) on the outstanding balance (ORS 293.462).

9. TERMINATION: This contract may be terminated by mutual consent of both parties or by the District at its discretion. The District may cancel an order for goods at any time with written notice to Contractor, stating the extent and effective date of termination. Upon receipt of this written notice, Contractor shall stop performance under this contract as directed by the District. If this contract is so terminated, Contractor shall be paid in accordance with the terms of the contract for goods delivered and accepted if Contractor's damages arising out of return of the goods cannot be mitigated by the resale as provided in the Uniform Commercial Code (ORS 72.7060).

10. FORCE MAJEURE: Neither party to this contract shall be held responsible for delay or default caused by fire, riot, acts of God and/or war, which is beyond the party's reasonable control. The District may terminate this contract upon written notice after determining such delay or default will reasonably prevent successful performance of this contract.

11. BREACH OF CONTRACT: Should Contractor breach any of the provisions of this contract, the District reserves the right to cancel this contract upon written notice to Contractor. Contractor shall be liable for any and all damages suffered by the District as the result of Contractor's breach of contract including but not limited to incidental and consequential damages, as provided in ORS 72.7110 to 72.7170 in the event of repeated breach of public and/or private contracts, Contractor shall be subject to disqualification on State of contracts, as provided in ORS chapter 279 and OAR chapter 137.

12. HOLD HARMLESS: Contractor shall indemnify, defend and hold harmless the District and its divisions, officers, employees, agents and members, from all claims, suits or actions of any nature arising out of or related to the activities of Contractor, its officers, subcontractors, agents or employees under this contract.

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13. ACCESS TO RECORDS: The Contractor shall maintain all fiscal records relating to this contract In accordance with generally accepted accounting principle and shall maintain any other records relating to this contract in such a manner as to clearly document Contractor's performance hereunder. The District and its officers, the Secretary of State Audits Division, the federal government and their duly authorized representatives shall have access to such fiscal records and to all other books, documents, papers, plans and writings of Contractor which relate to this contract, to perform examination, and audits and make excerpts and transcripts.

14. AMENDMENTS: The terms of this contract shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the District.

15. SEVERABILITY: If any provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with the law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as of the contract did not contain the particular provision held invalid.

16. WAIVER: Failure of the District to enforce any provision of this contract shall not be a waiver or relinquishment by the District of its right to such performance in the future nor of the right to enforce any other provisions of this contract.

17. GOVERNING LAW; JURISDICTION, VENUE: This contract shall be governed and construed in accordance with the laws of the District of Oregon, without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit, or proceeding (collectively, "the claim”) between the District (and/or any other agency or department of the District of Oregon) and the contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Yamhill County for the District of Oregon. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Contractor hereby consents to the in personam jurisdiction of said courts.

18. ASSIGNMENT/SUBCONTRACT/SUCCESSORS: Contractor shall not assign, sell, transfer, or subcontract rights or delegate responsibilities under this contract in whole or in part, without the prior written approval of this State. No such written approval shall relieve Contractor of any obligations of this contract, and any transferee or subcontractor shall be considered the agent of Contractor. Contractor shall remain liable to the District under the contract as if no such assignment, transfer, or subcontract had occurred. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties to the contract and their respective successors and assigns.

19. COMPLIANCE WITH APPLICABLE LAWS: Contractor shall comply with all federal, state and local laws, codes, regulations and ordinances applicable to the provision of goods under this contract, including, without limitation, the provisions of ORS 279C.505, 279C.515, and 279B.235, as set forth below and the provisions of: (i) Title VI of the Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973;

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(iii) the Americans with Disabilities Act of 1990 (Pub L No 101- 336). ORS 659.425, and all amendments of and regulations and administrative rules established pursuant to those laws; and (iv) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.

20. PAYMENTS REQUIRED By ORS 279C.505 AND 279B.220: For all goods provided under this contract, Contractor shall (i) pay promptly, as due, all persons supplying labor or material; (ii) pay all contributions or amounts due the industrial Accident Fund from the contractor or any subcontractor; (iii) not permit any lien or claim to be filed or prosecuted against the District, county, school district, municipality, municipal corporation or subdivision thereof; and (iv) pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.

21. STATE PAYMENT OF CONTRACTOR CLAIMS: If Contractor fails, neglects or refuses to pay promptly is due, any claim for labor or services furnished to the Contractor or any subcontractor by any person in connection with the goods provided under this contract, the District may pay such claim and charge the amount of the payment against funds due or to become due the Contractor under this contract. The payment of a claim by the District pursuant to this paragraph 21 shall not relieve the Contractor or its surety, if any, from obligation with respect to any unpaid claims.

22. HOURS OF LABOR: No person shall be employed by the Contractor for more than eight hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where public policy absolutely requires it, and in such cases the laborer shall be paid at least time-and-a-half pay for all overtime in excess of eight hours a day and for work performed on Saturday and on any legal holiday specified in ORS 279B.020 and 279C.540.

23. SAFETY AND HEALTH REQUIREMENTS: Goods and services provided under this contract shall comply with all federal Occupational Safety and Health Administration (OSHA) requirements and with all Oregon safety and health requirements, including those of the District Workers’ Compensation Division.

24. AWARD TO FOREIGN CONTRACTOR: If Contractor is not domiciled in or registered to do business in the District of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to this contract. The District shall withhold final payment under this contract until Contractor has met this requirement.

25. RECYCLABLE PRODUCTS: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of this contract. Contractor shall specify the minimum percentage of recycled product in the goods provided.

26. MATERIAL SAFETY DATA SHEET: In accordance with the OR-OSHA Hazard Communication Rules in OAR chapter 437, division 155, Contractor shall provide the District with a Material Safety Data Sheet for any goods provided under this contract which may release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use (OAR 437- 155-005 (2); 437-155-025). In addition, Contractor must label, tag or mark such goods.

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