Invitation to Bid P17926-2024-01-09.pdf

SECTION 00010

Cover Page

Invitation to Bid (ITB) No. P17926-2024-01-09

Construction Services

ROGUE BOWL RENOVATION / PHASE 1

Rogue Community College District

Redwood Campus, Grants Pass, Oregon

ITB CLOSING (DUE) DATE: January 9, 2024 2:00 pm PST

Proposals will be publicly opened at 2:15 pm PST

NO LATE RESPONSES WILL BE ACCEPTED

SUBMIT TO:

Rogue Community College

Attn: Jodie L Fulton, CPPO, CPPB Contract and Procurement Director

3345 Redwood Highway, JO Bldg., Rm 12 Grants Pass, Oregon 97527

SECTION 00015

Table of Contents

ITB- P17926-2024-01-09 Rogue Bowl Renovation / Phase 1

TABLE OF CONTENTS

ROGUE BOWL RENVATION / PHASE 1

DOCUMENTS

Section 00010 Title Page Section 00015 Table of Contents

Section 00020 Invitation to Bid Section 00100 Instructions to Bidders Section 00120 BOLI Prevailing Wage Rates Section 00300 Bid Schedule Section 00320 Bid Bond Section 00330 Performance Bond Section 00335 Payment Bond Section 00340 Non-Collusion Affidavit Section 00350 Resident Bidder Section 00370 Drug-Testing Policy Certification Section 00380 Proposer Bidders Certification Section 00390 Contractor Tax Compliance Certification Section 00400 First-Tier Subcontractor Disclosure Form Section 00410 References Section 00420 Release of Liens and Claims

Section 00430 Warranties Section 00500 Anti-Kickback Act Section 00510 Warranty

Section 00520 Changes Clause Section 00530 279C Provisions Section 00540 General Conditions

SCOPE AND SAMPLE AGREEMENT

Section 01000 Scope of Project Section 01100 Sample Contract

SECTION 00100

Instructions to Proposers

Invitation to Bid (ITB) No. P17926-2024-01-09

Construction Services

ROGUE BOWL RENOVATION/PHASE 1

Rogue Community College District, Redwood Campus

The purpose of this solicitation (ITB) is to obtain competitive offers from qualified contractors (Bidders) to provide Construction Services to Rogue Community College District (College) for the College’s facility located at 3345 Redwood Highway, Grants Pass Oregon.

Bid Due: Not later than Tuesday, January 9, 2024 at 2:00 pm PST, in the Contract and

Procurement Office of Rogue Community College located at 3345 Redwood Hwy, Grants Pass, Oregon. Bids will be publicly opened at 2:15 pm PST.

Rogue Community College District reserves the right to reject any Bids not in compliance with all prescribed public bidding procedures and to reject for good cause any or all bids that are not in the best interests of Rogue Community College District.

This solicitation is advertised on the State of Oregon’s purchasing page, OregonBuys at https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx and on the College’s purchasing website at http://web.roguecc.edu/contract-and-procurement/vendor-opportunities

Oregon Revised Statutes (ORS) regulations governing public entities require that questions regarding this Bid must be submitted in writing via email (bidquestions@roguecc.edu) or regular US mail and answered by addenda so that all potential bidders may be equally apprised of project parameters and clarifications. Any addenda issued will be posted on the OregonBuys website and on the College’s Purchasing website http://web.roguecc.edu/contract-and-procurement/vendor-opportunities.

Non-Mandatory Pre-Proposal Meeting:

Interested proposers are invited to participate in a non-mandatory pre-proposal meeting on Thursday, December 14, 2023, beginning at 2:30 pm at the Rogue Bowl amphitheater on the Redwood Campus of Rogue Community College, 3345 Redwood Highway, Grants Pass, Oregon.

Please call (541) 956-7200 to confirm your attendance and receive location directions.

https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx http://web.roguecc.edu/contract-and-procurement/vendor-opportunities mailto:bidquestions@roguecc.edu

ITB- P17926-2024-01-09 Rogue Bowl Renovation / Phase 1

Description of Project

Rogue Community College (RCC) is seeking to contract with general contractor to construct the required improvements to the Marjorie Holzgang Concert Bowl for graduations and other community events. The Concert Bowl, first known as “The Bandshell” is located on the Redwood Campus in Grants Pass, OR and was constructed in 1982. Funding came from community donations, and the first concert held at the Bowl was on July 4, 1982. For 40+ years, the facility has been home to the Rogue Music Theatre and used by other theatrical groups, the site for community concerts, film festivals, weddings, memorials, speeches, faith-based services, and College commencements. When former Oregon state senator and community benefactor Brady Adams died in 2015, his public funeral happened in the Bowl. When former President Bill Clinton visited Josephine County in 2008, he held his public speaking event at the Bowl. Several organizations, including the City of Grants Pass, the Rogue Community College Foundation, Britt Music and Arts Festival, the Grants Pass and Josephine County Chamber of Commerce, Storytellers Music Theatre, the Rogue Music Theatre and more are supportive of this project and would make use of this renovated asset. Despite the community’s initial investment in the construction of the venue and its frequent usage, the condition of the facility and need for accessibility improvements caused RCC to close it for College use and Rogue Music Theatre ended their use of the venue in 2013.

To begin using the facility once again for commencement and for other community events for 2024, the Concert Bowl requires ingress and egress improvements to comply with the Americans with Disabilities Act and also structural improvements to the bandshell. The construction drawings and specifications will be made available to proposers on December 14, 2023.

Project Scope

The project will consist of construction/renovation for accessibility and structural improvements of an existing outdoor amphitheater and a 6450 sft building stage on the Redwood Campus. The project includes but is not limited to sitework consisting of demolition, landscaping, excavation and other earthwork, concrete retaining walls, walkways, ramps and stairs, metalwork, paving, electrical and lighting, masonry, stormwater management. Bandshell building work also include steel and wood structure improvements, painting, and minor mechanical relocation.

The College is be seeking bids which include in-kind donations for the construction services included in this project. The Bid Schedule shall include the Bidders true estimated cost to perform the work, including in-kind donations for any portion of the construction services.

This project is subject to Bureau of Labor and Industry (BOLI). All Contractors and Subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870 relative to Prevailing Wage Rates and the appropriate accounting requirements.

The Contractor will provide all required materials and equipment as detailed in the plan drawings and specifications. All construction will be based on the engineered and approved drawings available to the Contractor at:

Medford Builders Exchange 2330 Crater Lake Ave.

Medford, OR 97504

Selection and Project Schedule

Selection Schedule:

Project Schedule:

**Project completion timeline cannot be extended. The Completed facility is needed for the 2023-2024 College Commencement Ceremony.

END OF SECTION

ITB Advertising on RCC's Webpage/Oregon Buys December 7, 2023 Non-Mandatory Pre-Proposal Meeting – 2:30 PM December 14, 2023

Deadline for Questions - 2:00 PM December 19, 2023 Proposal Due - 2:00 PM January 9, 2024

Notice of Intent to Award* January 10, 2024 Deadline for Protests of Award- 12:00 PM* January 15, 2024

Board of Education Approval* January 16, 2024 *Tentative

Construction Start Date January 22, 2024 Project Substantial Completion May 17, 2024

Project Final Completion/Closure** June 7, 2024

INSTRUCTIONS TO PROPOSERS

BID REQUIREMENTS:

Respondents must complete all forms requested in this Invitation to Bid. Any proposals submitted without the following will be considered non-responsive and will not be considered:

1. Section 00300 Bid Schedule.

2. Section 00320 Bid Bond.

3. Section 00340 Non-Collusion Affidavit.

4. Section 00370 Drug Testing Policy Certification.

5. Section 00380 Proposers/Bidders Certification.

6. Section 00390 Contractor Tax Compliance Certification.

7. Section 00400 First-Tier Subcontractor Disclosure Form.

8. Section 00410 References.

Proposal must meet all legal requirements, be nondiscriminatory and provide for compliance with all applicable federal, state and local regulations (e.g., ADA, FLSA, EEO/AA.)

PROJECT CONSTRUCTION REQUIREMENTS:

This project has been designed and engineered prior to advertisement and all drawings and specifications provided outline the necessary requirements to successfully complete the project.

The selected Contractor will perform the Rogue Bowl renovations, expansions, repairs, and replacement elements of sufficient detail to successfully meet the provided design, permit requirements of the City of Grants Pass and that adequately satisfy Rogue Community College District’s project manager/College representative and Architect for all work.

Specifications referred to herein are used to indicate the desired type, and/or construction, and/or operation. Where there is a brand name specified, it is the intention of College to identify a suitable level of quality and performance. The brand name specified does not preclude a respondent from presenting an approved equal. The words (or equal) contained herein however, are defined to include the need for approval for such items.

CONDITIONAL BIDS:

Conditional Bids, or those which take exception to the specifications, will be considered non-responsive and may be rejected unless specified approval from the College is requested in writing by the respondent.

The College’s response to all such requests shall be in the form of an addendum and shall be provided to all interested parties. All College responses to requests for approved equals or clarifications shall create the same opportunity, restriction, clarification, etc. to all Respondents.

All Proposals must be in strict compliance with the requirements and provisions of the Scope of Work specifications, including the provisions herein regarding approved equals or deviations.

ITB- P17926-2024-01-09 Rogue Bowl Renovation / Phase 1

RECYCLED PRODUCTS:

Per ORS 279A.125, Respondents shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

GENERAL INFORMATION:

This solicitation is issued pursuant to Rogue Community College District’s Contracting Rules and ORS 279B.055 and 279B.060. The term “College” throughout this solicitation means Rogue Community College District, and the term “Bidder”, “Proposer” or “Respondent” means the Person or Firm that submits an offer in response to this Solicitation.

1. Solicitation Review:

Bidders must carefully review this document and are responsible for knowing and understanding the terms and conditions included in or applicable to this solicitation. Unless defects, ambiguities, omissions, or errors are brought to the College’s attention by noon on December 19, 2023, protests or appeals based on such defects, ambiguities, omissions, or errors received after issuance of the Notice of Intent to Award will not be favorably considered.

2. ITB Protests:

A Proposer may protest the procurement process or the solicitation document ("ITB Protest") for a contract solicited under ORS 279B.055, 279B.060, and 279B.085 in accordance with this Section. Before seeking judicial review, a Proposer must file a written protest with the College and exhaust all administrative remedies.

a. ITB Protest Submission Requirements To be considered, the prospective Proposer's written ITB Protest must be submitted to the Contract and Procurement Office in an envelope marked as follows:

ITB Protest ITB Title: ITB NO. P17926-2024-01-09 Rogue Bowl Renovation / Phase 1 Closing Date: January 9, 2024

All ITB Protests must be in writing. E-mail and facsimile ITB Protests will not be accepted.

b. Time Limitation on Protest

An ITB Protest shall be presented to the College at least five (5) days prior to proposal closing or at a time designated. The College will not consider a protest submitted after 12:00 noon on December 19, 2023.

c. Right to Protest ITB The College will consider an ITB Protest filed in compliance with the requirement of this ITB if it: 1) states the grounds that demonstrate how the process is contrary to law, or how the solicitation document is unnecessarily restrictive, is legally flawed; 2) provides evidence or supporting documentation that supports the

ITB- P17926-2024-01-09 Rogue Bowl Renovation / Phase 1 grounds on which the protest is based; and 3) states the relief sought by prospective Proposer.

d. College's Response to ITB Protest

The College will issue a written disposition of the ITB protest no less than seventy-two (72) hours before proposals are due, unless a written determination by the College determines that circumstances exist that require a shorter time limit. If the College upholds the protest, in whole or in part, the College may in its sole discretion either issue an Addendum reflecting its disposition under OAR 137-047- 0430 or may cancel the ITB in the public interest under, and in conformance with, OAR 137-047-0660.

e. Extension of Closing

The College may extend Closing if it determines an extension is necessary to consider and respond to a properly filed Protest.

3. Offer:

Pursuant to Oregon Administrative Rule (OAR) 137-47-0310, a submission in response to this solicitation is the Bidder’s Offer to enter into a Contract. By signing and returning the Offer, the Bidder acknowledges he/she has read, understands and agrees to be bound by the terms and conditions contained in this document. The Offer is a “Firm Offer,” and must be held open by the Bidder for the College’s acceptance for a minimum of ninety (90) days. The College’s Award of a Contract constitutes acceptance of the Offer and binds the Bidder to the contract. The Bidder must not make an Offer contingent upon the College’s acceptance of any terms or conditions (including Specifications) other than those contained in this solicitation.

4. Bid Bond:

Each bid shall be accompanied by a cashier’s check, certified check, postal money order, or bid bond made payable to the Rogue Community College in an amount not less than ten percent (10%) of the bid amount. Said check or bid bond shall be given as a guarantee that bidders shall execute such a contract as may be awarded in conformity with the bid and contract documents and shall provide surety bond or bonds as specified therein promptly after notification of the award of contract. Bid deposits will be returned to non-successful Bidders after the bid opening and subsequent contract award. The bonds must be issued from sureties as listed on the Department if Treasury’s Circular 570 approved list at the following link:

https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/C570%207.1.2016.pdf

5. Offer Preparation:

Pursuant to OAR 137-47-0400, failure to submit Offers in accordance with the provisions of this document shall be grounds to declare the Offer as non-Responsive. Bidders must:

a. Submit all completed forms as listed under Bid Requirements within this solicitation.

ITB- P17926-2024-01-09 Rogue Bowl Renovation / Phase 1

b. Initial any corrections or erasures to their Offer.

c. Provide (on the Proposers/Bidders Certification Form) certification of nondiscrimination in obtaining any required subcontractors in accordance with

ORS 279A.110 (4).

d. Provide (on the Proposers/Bidders Certification Form) written acknowledgement of the receipt of all addenda.

e. All bids shall be written in English, legibly written or if typed, single-spaced with font size not smaller than ten (10) point.

f. Adhere to a page limit of no more than twenty-five (25) pages not including the required forms as listed under Bid Requirements.

6. Proposal Submission:

Pursuant to OAR 137-47-0410:

To ensure proper identification and handling, Proposals shall be submitted as follows:

hand-delivered or mailed to Jodie L Fulton, Contract and Procurement Office, Josephine Building, Rogue Community College, 3345 Redwood Hwy, Grants Pass, OR 97527, with the Bid title, Bid number, and the name and address of the bidder and received not later than the stated deadline.

The College is not responsible for Proposals submitted in any manner, format or to any delivery point other than as required.

Bidders are solely responsible for ensuring that the College receives their Proposals at the required delivery point prior to closing.

7. Addenda:

Pursuant to OAR 137-47-0430:

The College may change this solicitation by written addenda.

All addenda shall be issued not later than seventy-two (72) hours prior to the bid closing.

Bidders shall provide written acknowledgement of receipt of any Addenda on the provided Proposers/Bidders Certification Form.

Bidders are responsible to make inquiry as to any Addenda issued. At its discretion, the College may extend the closing to allow bidders time to analyze and adjust to changes.

8. Modification or Withdrawal:

Pursuant to OAR 137-47-0440:

A bidder may modify or withdraw its Proposal in writing only prior to closing. Any modifications or withdrawals must be marked and delivered as described above under Proposal Submission. A bidder may also deliver its modification or withdrawal in person.

Bidders are responsible for ensuring that the College receives its modification or

ITB- P17926-2024-01-09 Rogue Bowl Renovation / Phase 1 withdrawal. Modifications or withdrawal must be prepared and submitted on the Bidder’s letterhead, signed by an authorized representative of the Bidder.

a. Modifications: Each modification shall state that the modification amends and supersedes the prior offer.

b. Withdrawals: The Bidder may withdraw its proposal in person prior to the closing, upon presentation of appropriate identification and evidence of authority satisfactory to the College. The College shall void any date and time stamp mark.

9. Receipt, Opening, and Recording of Proposals:

Pursuant to OAR 137-47-0450:

The College shall mark the time and date on each Proposal and any modification upon receipt at the College’s Contract and Procurement office, JO-12, located at 3345 Redwood Hwy, Grants Pass, Oregon. The College shall not be responsible for the premature opening or failure to open any Proposal that is not properly addressed and/or identified.

10. Late Proposals, Withdrawals, or Modifications:

Pursuant to OAR 137-47-0460:

Any Proposal received after the closing is late. A Proposer’s request for withdrawal or modification of a Proposal received after closing is late. The College shall not consider late Offers, withdrawals or modifications except as permitted in Mistakes by Proposer below. The College reserves the right to consider Proposals that have been delayed or mishandled by the College.

11. Mistakes by Proposer:

Pursuant to OAR 137-47-0470:

The College shall carefully consider whether to permit waiver, correction or withdrawal of Proposals for certain mistakes. The College must not allow a Proposer to correct or withdraw an Offer for an error in judgment. The College must reject any Proposal in which a mistake is evident on the face of the Proposal. If certain mistakes in a Proposal are discovered after Opening, but before Award of the Contract, the College may take the following action:

a. The College may waive, or permit a Proposer to correct, a minor informality; a matter of form rather than substance that is evident on the face of the Proposal, or an insignificant mistake that can be waived or corrected without prejudice to other Proposers.

b. The College may correct a clerical error if the error is evident on the face of the

Proposal, or other documents submitted with the Proposal, and the Proposer confirms the College’s correction in writing. A clerical error is a Proposer’s error in transcribing its Proposal.

c. The College may permit a Proposer to withdraw a Proposal based on one or more clerical errors in the Proposal only in accordance with OAR 137-47-0470 (2)(c) and (d).

ITB- P17926-2024-01-09 Rogue Bowl Renovation / Phase 1

12. Offer Evaluation and Award:

Pursuant to OAR 137-17-0600:

Evaluation: The College will utilize the following objective factors to determine the lowest responsive responsible bidder:

a. Responsibility of Bidder: Before awarding a Contract, the College must determine that the Proposer submitting the lowest Bid is Responsible. The College must use the standards set forth in ORS 279B.110 and OAR 137-47-0640(1) (c)

(F) to determine if a Proposer is Responsible. In the event the College determines that the Proposer is not Responsible, it must prepare a written determination of non-responsibility as required by ORS 279B.110 and must reject the Proposal.

b. Contingent Proposals: The Proposer must not make its Proposal contingent upon the College’s acceptance of any terms or conditions (including Specifications) other than those contained in this document.

c. Identical Bids: When one or more Bids are identical under OAR 137-46-0300, the

College must award a Contract in accordance with the procedures set forth in OAR 137-46-0300.

d. Clarification of Proposals: After the Opening, the College may conduct

Discussions with apparent Responsive Proposers for the purpose of clarification and to assure full understanding of the Proposal.

e. Time of Completion and Liquidated Damages:

The Proposer must agree to commence work on or before a date to be specified in a written “Notice to Proceed” from the College; and to complete the project in total by 5:00 pm June 7, 2024. The Proposer must also agree to pay as liquidated damages, the sum of $5,000.00 (five thousand dollars) for each consecutive calendar day thereafter until all the construction is complete (except for weather).

Exceptions will be granted for unusually foul weather days, which have been documented by the COLLEGE’S REPRESENTATIVE to prevent work. Proposer must submit a work schedule to the College’s Representative at least two (2) days prior to commencement of work. On the schedule, the work is to be broken down by trade group or logical project components, showing a start and finish date, preferably by bar or Gantchart, in a schedule that predicts the Work to be completed within the contract allowable time.

Award: The College may award a Contract as follows:

a. In part or in whole, contingent upon available funding. In the event adequate funds are not appropriated and allocated by the Rogue Community College Board of Education, the College reserves the right to cancel any solicitation and/or requirements Contracts at no penalty.

b. The College may reject all or part of a Proposal and may issue a new Solicitation on the same or revised Terms, Conditions and Specifications.

c. The award for this project will be awarded based on a low bid basis but using evaluation factors that are in the best interest of the College.

13. Notice of Intent to Award:

Pursuant to OAR 137-34-0610:

The College shall provide written notice of its Intent to Award to all Proposers at least five

(5) Days before the Award of a Contract, unless the College determines that circumstances require prompt execution of the Contract. The College’s Award must not be final until the latter of the following: five (5) Days after the Notice of Intent to Award, or until the College provides a written response to all timely filed protests (if any) that denies the protest and affirms the award.

14. Award Protest An adversely affected Proposer may protest the Notice of Intent to Award the Contract for any and all contracts solicited under ORS 279B.055, 279B.060, and 279B.085 if the Proposer can demonstrate that it would be eligible to be awarded the public contract in the event the protest is successful. Before seeking judicial review of an Award of the Contract, an adversely affected Proposer must file a written protest with the College and exhaust all administrative remedies.

All written protests must specify the grounds upon which the protest is based and suggested changes that may remedy the defects. An issue that could have been addressed pursuant to an inquiry or request for clarification shall not be grounds for protest of award.

a. Award Protest Submission Requirements To be considered, Proposer's written Award Protest must be submitted to the Contract and Procurement office in an envelope marked as follows:

ITB Award Protest ITB Title: ITB NO. P17926-2024-01-09 Rogue Bowl Renovation / Phase 1 Notice of Intent to Award Date: (insert date)

All Award Protests must be in writing. E-mail or facsimile Award Protests will not be accepted.

b. Time Limitation on Protest To be considered by the College, a written protest must be received by the College within seven (7) days after issuance of the Notice of Intent to Award Contract.

ITB- P17926-2024-01-09 Rogue Bowl Renovation / Phase 1

c. Decision The College shall issue a written decision on the protest in a timely manner. The College’s decision is final; however, after the College has issued its response, Proposers may seek judicial review in the manner provided in ORS 279B.415.

15. Proposal Rejection:

Pursuant to OAR 137-47-0640:

The College may reject any Proposal:

a. When the rejection is in the best interest of the College.

b. When the Proposal is contingent upon the College’s acceptance of terms and conditions (including Specifications) that differ from the Solicitation.

c. When the Proposal takes exception to terms and conditions (including

Specifications) set forth in the Solicitation.

d. That fails to meet the Specifications of the Solicitation.

e. That is submitted late.

f. That is not in substantial compliance with the Solicitation or with all prescribed public procurement procedures.

g. That is not in compliance with ORS 279B.120, 279B.130, 279A.105.

h. When the Proposer is non-Responsible pursuant to ORS 279B.110.

The College may reject all Proposals based upon the following criteria:

a. As set forth in ORS 279B.100. The College must notify all Proposers of the rejection, along with the reasons for rejection.

b. The content of or an error in the Solicitation or the Procurement Process unnecessarily restricted competition for the Contract.

c. The price, quality or performance presented by the Proposers are too costly or of insufficient quality to justify acceptance of any Proposal.

d. Misconduct, error, or ambiguous or misleading provisions in the Solicitation threaten the fairness and integrity of the competitive process.

e. Causes other than legitimate market forces threaten the integrity of the competitive process, such as collusion, corruption, and/or inadvertent or intentional errors in the Solicitation.

f. Any other circumstance indicating that awarding the Contract would not be in the best interest of the College or in the public interest.

16. Questions, Changes or Clarifications:

Delivery: Written questions, changes or clarifications must be emailed to bidquestions@roguecc.edu, or mailed or hand-delivered to the College’s Contract and Procurement office, JO-12, 3345 Redwood Hwy, Josephine Building, Grants Pass, Oregon.

mailto:bidquestions@roguecc.edu

ITB- P17926-2024-01-09 Rogue Bowl Renovation / Phase 1

Deadline: No questions, changes or clarification will be considered after 2:00 PM on December 19, 2023.

Questions: All questions regarding this solicitation must be submitted in writing to the attention of Jodie L Fulton, Contract and Procurement Director at bidquestions@roguecc.edu. No oral questions will be accepted. All questions received prior to the deadline must be received in written form and will be answered by written addenda.

Change or Clarification: Proposers may request changes of or clarification to the terms and conditions and/or the specifications of this Solicitation. Proposer comments must be made in writing. Such comments shall include:

a. A detailed statement of the legal and factual grounds for the change or clarification.

Response: All Bidders will be provided notice of the College’s determination (i.e. entirely rejects or agrees with) in written addenda to any questions, changes, clarifications or protests.

17. Offer Costs: The College is not liable for any costs incurred by the Proposer in its

Proposal preparation.

18. Use of Brand or Trade Names: Any brand or trade names used by Rogue Community College in Proposal specifications are for the purpose of describing and establishing the standard of quality, performance and characteristics desired and are not intended to limit or restrict competition. Proposers may submit Proposals using substantially equivalent products to those designated unless the solicitation provides that a specific brand is necessary because of compatibility requirements, etc.

19. Submittals: Submittals should be prepared simply, economically, and neatly. Special bindings, colored displays, and other similar accoutrements are not desired. Proposals will not be evaluated on the aesthetics of the package.

ITB- P17926-2024-01-09 Rogue Bowl Renovation / Phase 1

PROPOSAL SUBMISSION

One (1) original of the Proposal plus One (1) thumb drive with a digital copy limited to twenty-five

(25) pages, as well as all required documents as listed under BID REQUIREMENTS, are to be submitted to the following location not later than 2:00 pm PST, January 9, 2024. Proposals may be submitted by mail or hand-delivered and must be clearly marked as follows: ITB No.

P17926-2024-01-09, Rogue Bowl Renovation / Phase 1 – Rogue Community College District, Redwood Campus, Grants Pass, Oregon. Proposals submitted by mail must meet the above requirements and should be addressed as follows:

Rogue Community College District Jodie L Fulton, Contract and Procurement Director Contract and Procurement Office JO-12 3345 Redwood Hwy Grants Pass, OR 97527

It is the sole responsibility of the Proposer to have the Proposal delivered to the College by the date and time specified in this solicitation. Any Proposal received later than the specified date and time will not be accepted or considered. All Proposals will be retained as property of College.

SECTION 00120

BOLI Prevailing Wage Requirements

ITB- P17926-2024-01-09 Rogue Bowl Renovation / Phase 1

BOLI

and

RELATED ACTS

REQUIREMENTS

PREVAILING WAGE RATES

for

PUBLIC WORKS CONTRACTS

Please reference the Bureau of Labor and Industries (BOLI) Website, or contact them directly, for prevailing wage rate information using the “Prevailing Wage Rates for Public Works Contracts”, effective July 5, 2023.

This project is subject to the state of Oregon prevailing wage rate law. ORS 279C.855 (3);

OAR 839-025-0080(4); ORS 279C.830 (1)(d); OAR 839-025-0020(3)(b)

All amendments pertinent to the current prevailing wage rates will also apply.

The website for BOLI is:

http://www.oregon.gov/BOLI/WHD/PWR

Other BOLI contact information:

E-mail: BOLI.MAIL@state.or.us

Phone: 971-673-0761

Fax: 971-673-0769 http://www.oregon.gov/BOLI/WHD/PWR mailto:BOLI.MAIL@state.or.us

SECTION 00300

Bid Schedule

BID REQUIREMENTS

1.0 General Bid Specifications

PROJECT IDENTIFICATION: Rogue Bowl Renovations Phase 1, Grants Pass, Oregon

BID TO: Rogue Community College District Attn. Jodie L Fulton, Contract and Procurement Director Contract and Procurement Office 3345 Redwood HWY, Josephine Building RM 12 Grants Pass, Oregon 97527

RESPONDENT

Name of Respondent

Address

1.1 The undersigned Respondent agrees, if this Bid is accepted, to enter into an agreement with the College, in the form defined in the Bid Documents, to perform and furnish the Work as specified or indicated in the Bid Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

1.2 In submitting this Bid, Respondent represents, as more fully set forth in the Agreement, that:

A. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening;

B. The College has the right to reject this Bid;

C. Respondent will sign and submit the Agreement with the other documents required by the Respondent Requirements within ten (10) days after the date of College’s Notice of Intent to Award;

D. All applicable federal taxes, state of Oregon taxes, City, and County taxes are included in the Bid Price;

E. If awarded a contract Respondent will commence the Work no later than seven (7) days after the date of receipt of Notice to Proceed;

F. Respondent has examined copies of all the Bid Documents;

G. Respondent has visited the site and become familiar with the general, local and site conditions;

H. Respondent is familiar with federal, state, and local laws and regulations;

ITB- P17926-2024-01-09 Rogue Bowl Renovation / Phase 1

I. Respondent has correlated the information known to Respondent, information and observations obtained from visits to the site, reports and drawings identified in the Bid Documents and additional examinations, investigations, explorations, tests, studies and data with the Bid Documents;

J. This Bid is genuine and not made in the interest of or on behalf of an undisclosed person, firm or corporation and is not submitted in conformity with an agreement or rules of a group, association, organization or corporation; Respondent has not directly or indirectly induced or solicited another Respondent to submit a false or sham Bid; Respondent has not solicited or induced a person, firm or corporation to refrain from Responding; and Respondent has not sought by collusion to obtain for itself an advantage over another respondent or over the College;

K. If awarded a contract, Respondent shall comply with Oregon Revised Statutes, ORS 279C.800 to 279C.870 and pay workers not less than current BOLI rates;

L. If awarded a contract that the Contract shall contain a provision that the contractor shall pay and perform according to the conditions required by ORS 279C.505, 279C.520, and 279C.830;

M. Respondent will sign and submit the Agreement with the Bonds and other documents required by the Respondent Requirements within ten (10) days after the date of College’s Notice of Intent to Award;

N. The cost of all required Performance Bonds and Labor and Material Payment Bond are included in the Bid Price.

The bid shall include all work described in drawings and specifications as indicated throughout the rest of these documents. The contractor must submit a First-Tier Subcontractor Disclosure Form within two (2) hours of bid opening.

A sample Bid Schedule, including In-kind Donations, is attached to this ITB as Attachment I. A final version will become available on December 14, 2023 with the project plans and specifications. Contractors are required to complete and submit with their proposal the final version of this Bid Schedule to be considered Responsive.

The RCC Foundation Donor Information Form will be required from any contractor or subcontractor who wishes to donate services and to receive acknowledgment from the RCC Foundation as a tax-deductible donation. This form is attached as Attachment II and is not a required document in determining the lowest responsive bidder.

BID AMOUNT:

(Words) (Figures)

ITB- P17926-2024-01-09 Rogue Bowl Renovation / Phase 1

By my signature below, I hereby attest to the willingness to comply with the wage provisions set forth in ORS 279C.800 through 279C.870.

BIDDER

The name of the bidder submitting this Bid is:

Doing business at: ___________________________________________________

Street City State Zip

Phone

Which is the address to which all communications concerning this Bid and with the contract shall be sent.

The names of the principal officers of the corporation submitting this Bid, or of the partnership, or of all persons interested in the Bid as principals are as follows:

IF SOLE PROPRIETOR OR PARTNERSHIP

IN WITNESS WHEREOF the undersigned has set their hand the ______ day of

_________________, 20___.

Signature of Proposer

Title

IF CORPORATION

IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed and its seal affixed by its duly authorized officers this day of

, 20 .

Name of Corporation: _______________________________________

BY:

TITLE: ____________________________________

ATTEST: __________________________________

WORKERS' COMP INFORMATION

(REQUIRED BY BUREAU OF LABOR & INDUSTRIES)

Construction Contractor’s Board Registration Number: ___________________________

Workers' Comp Insurance Company: ________________________________________

Workers' Comp Policy/Binder Number: _______________________________________

SECTION 00320

Bid Bond

BID BOND

ROGUE COMMUNITY COLLEGE DISTRICT

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ___________________________________, hereinafter called Principal, has submitted to ROGUE COMMUNITY COLLEGE DISTRICT, hereinafter called Obligee, a bid for bid for the construction of:

ROGUE COMMUNITY COLLEGE’S ROGUE BOWL RENOVATION, PHASE 1

and

WHEREAS, the process of letting said construction project for bids is attended by expenses to Obligee, which expenses will cause real damages to Obligee in the event Principal fails or refuses to enter into a contract with Obligee upon Principal`s being awarded the bid for the above-described construction project;

and

WHEREAS, it is in the interest of both Principal and Obligee to liquidate said damages by herein agreeing to the amount thereof in order to avoid litigation and expenses to both parties;

NOW, THEREFORE, we the Principal and _____________________________________, as Surety, bind ourselves, our heirs, executors, administrators and successors, jointly and severally, to Obligee in the compensatory sum of $ .

The condition which will release the liability of both Principal and Surety under this bond is that if Obligee does not accept the bid of Principal said liability shall be forever discharged. An additional condition which will release the liability of both Principal and Surety under this bond is that Obligee accept the bid of Principal and Principal shall promptly enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof. It is expressly understood that failure on the part of Principal to enter into said contract, as above-described, said failure being for the reason that Principal committed a patent error in computing his bid, making said Principal in law not bound to enter into said construction contract, shall not relieve the liability of Principal and Surety under this bond but that said Principal and Surety shall be liable hereunder.

The bonds must be issued from sureties as listed on the Department of Treasury’s Circular 570 approved list at the following link: https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/C570%207.1.2016.pdf

Signed, sealed and dated this _____ day of ______________________, 20___.

Contractor(s) or Principal(s) Insurance Company Name

By: _______________________________ By: ______________________________

SECTION 00330

Performance Bond

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That we ____________________________________ as Principal, and ________________________________ as surety, are jointly and severally held and bound unto Rogue Community College District, in the sum of:

for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators and assigns and/or successors and assigns, firmly by these presents.

THE CONDITION OF THIS BOND IS SUCH

That, whereas said Principal herein has made and entered into a certain contract, a copy of which is hereto annexed, with Rogue Community College District, which contract, together with the plans, specifications, standard specifications, and special provisions, is hereby made a part hereof, whereby the said Principal agrees to perform said contract in accordance with all the terms, conditions, requirements and specifications set out or incorporated therein.

NOW, THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of the said contract in all respects, and shall well and truly and fully do and perform all matters and things by him undertaken to be performed under said contact upon the terms set forth, and within the time prescribed therein, or as extended as provided in the contract, and shall indemnify and save harmless Rogue Community College District, its officers and agents, against any direct or indirect damages that shall be suffered or claimed, or against any claims for injuries to persons or property arising during the construction of said work before the same is accepted; and shall promptly pay all laborers, mechanics, subcontractors and materialmen; and shall promptly make payments to all persons supplying to the contractor or contractors or subcontractors, labor or materials for the prosecution of the work or any part thereof provided in said contract and shall pay all contributions or amounts due the State Industrial Accident Fund or the State Unemployment Trust Fund from such contractor or subcontractors incurred in the performance of said contract, and shall pay all other just debts, dues and demands incurred in the performance of the work and shall pay Rogue Community College District such damages as may accrue to Rogue Community College District under said contact, or on breach thereof, and shall in all respects perform said contract according to law, then this obligation is to be void, otherwise to remain in full force and effect. The bonds must be issued from sureties as listed on the Department if Treasury’s Circular 570 approved list at the following link:

https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/C570%207.1.2016.pdf

WITNESS our hands this _____ day of ___________________, 20___.

Principal

By: ______________________________ Its Attorney-in-Fact

SECTION 00335

Payment Bond

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That we ____________________________, as Principal, and

____________________________________, as surety, are jointly and severally held and bound unto Rogue

Community College District, in the sum of:

for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators and assigns and/or successors and assigns, firmly by these presents.

THE CONDITION OF THIS BOND IS SUCH

That, whereas said Principal herein has made and entered into a certain contract, a copy of which is hereto annexed, with Rogue Community College District, which contract, together with the plans, specifications, standard specifications, and special provisions, is hereby made a part hereof, whereby the said Principal agrees to perform said contract in accordance with all the terms, conditions, requirements and specifications set out or incorporated therein.

NOW, THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of the said contract in all respects, and shall well and truly and fully do and perform all matters and things by him undertaken to be performed under said contact upon the terms set forth, and within the time prescribed therein, or as extended as provided in the contract, and shall indemnify and save harmless Rogue Community College District, its officers and agents, against any direct or indirect damages that shall be suffered or claimed, or against any claims for injuries to persons or property arising during the construction of said work before the same is accepted; and shall promptly pay all laborers, mechanics, subcontractors and materialmen; and shall promptly make payments to all persons supplying to the contractor or contractors or subcontractors, labor or materials for the prosecution of the work or any part thereof provided in said contract and shall pay all contributions or amounts due the State Industrial Accident Fund or the State Unemployment Trust Fund from such contractor or subcontractors incurred in the performance of said contract, and shall pay all other just debts, dues and demands incurred in the performance of the work and shall pay Rogue Community College District such damages as may accrue to Rogue Community College District under said contact, or on breach thereof, and shall in all respects perform said contract according to law, then this obligation is to be void, otherwise to remain in full force and effect. The bonds must be issued from sureties as listed on the Department if Treasury’s Circular 570 approved list at the following link:

https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/C570 7.1.2016.pdf

WITNESS our hands this _____ day of _____________________, 20____.

Principal

By:

Its Attorney-in-Fact

SECTION 00340

NON-COLLUSION AFFIDAVIT

NON-COLLUSION AFFIDAVIT

STATE OF OREGON )

COUNTY OF )

I, _________________________________________________________, after first being sworn, depose and say that in submitting the proposal to which this affidavit is attached, I certify that said proposal has been computed and determined independently, without collusion, and without any agreement, understanding or planned course of action with any other vendor of materials, suppliers, equipment or services described in the invitation to submit proposal. I further state that the contents of the attached proposal have not been communicated by the undersigned, its employees or agents, to any person not an employee or agent of this Respondent, or to its surety on any bond furnished with the proposal, and further that such information will not be communicated to any such person prior to the official opening of the proposal.

I further state that I sign this affidavit as a (sole proprietor, partner, or officer of the bidding corporation), and that I am so authorized to sign, and I have fully informed myself regarding the accuracy of the statements made herein.

Dated this ___________ day of , 20

Signature __________________________________________

(Designate Capacity)

Subscribed and sworn to before me this ___________ day of , 20

Notary Public, State of Oregon

My Commission Expires:

(Notarial Seal)

SECTION 00350

RESIDENT BIDDER

RESIDENT BIDDER

In compliance with ORS 279C.365(h), Section 2, each bid must contain a statement as to whether the bidder is a resident bidder. This is defined by ORS 279A.120: “Resident bidder” means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid and has a business address in this state.

______ Yes, I certify that I am a “resident bidder” as defined by

ORS 279A.120.

_______ No, I certify that I am not a “resident bidder” as defined by ORS 279A.120.

Name Date

SECTION 00370

Drug-Testing Policy Certification

DRUG-TESTING POLICY CERTIFICATION

I, the undersigned a duly authorized representative of the Respondent, hereby certify that the Respondent has a drug-testing program in accordance with all state and federal laws in place, which applies to all employees. Respondent shall maintain a drug-testing program at all times during the performance of the Contract awarded. Failure to maintain such a program shall constitute a material breach of contract.

Authorized Representative Date

SECTION 00380

Proposer/Bidders Certification

Proposers Certification and Offer Form

Name of Firm:

Address:

PROPOSAL PRICING

The Undersigned hereby proposes to furnish to Rogue Community College District all materials, services, and labor necessary to perform all work for the College in strict accordance with the terms, conditions, and requirements as specified in the Invitation to Bid.

Total Proposed Price $________________

Amount in words ____________________________________________________________

(Undersigned agrees to honor this price for a minimum of ninety (90) days from date of signature below.)

The undersigned certifies, agrees and understands:

The Proposer certifies that they have read and understand all terms and conditions of this solicitation and the sample contract.

The prices in this Offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Proposer relating to (1) those prices, (2) the intention to submit an Offer, or (3) the methods or factors used to calculate the prices Offered.

The prices in this Offer have not and will not knowingly be disclosed by the Proposer, directly or indirectly, to any other Proposer before the closing unless otherwise authorized by law.

That no attempt has been made or will be made by the Proposer to induce any concern to submit or not to submit an Offer for the purpose of restricting competition.

The Proposer certifies that the proposer has complied or will comply with all requirements of local, state and federal laws and that no legal requirement has been or will be violated in making or accepting this solicitation.

The Proposer holds the required certificates for the State of Oregon designated in the complete document as applicable (Contractors, Architects, Landscape Board, Engineers, etc.).

Applicable Registration #s: ______________________________________________________.

Rogue Community College District Contract and Procurement Office

3345 Redwood Hwy

541-956-7200

SECTION 00380

Proposer/Bidders Certification

That the person signing this proposal is fully authorized to sign on behalf of the provider listed and to fully bind the provider listed to all provisions and clauses thereof.

That no party providing services under this proposal has been debarred or suspended.

That the Proposer will not discriminate when obtaining any required subcontractors in accordance with ORS 279A.110 (4).

That the person signing this proposal is fully authorized to sign on behalf of the provider listed and to fully bind the provider listed to all provisions and clauses thereof.

That the Proposer will not discriminate when obtaining any required subcontractors in accordance with ORS 279A.110 (4).

Pursuant to ORS 279A.120,…