ITB 21-00-20 MSDEC Kitchen Hoods~1.pdf

Purchasing/Distribution Center 815 S Oakdale Ave • Medford OR 97501 Telephone: (541) 842-3780

MEDFORD SCHOOL DISTRICT 549c

INVITATION TO BID

MSDEC KITCHEN HOODS

21-00-20

TABLE OF CONTENTS

INVITATION TO BID

OPTIONAL PRE-BID CONFERENCE

THE PURPOSE

INSTRUCTIONS TO BIDDERS .....................................................................................................................................3-5

GENERAL CONDITIONS

BID TIMES TABLES

RETURN

DEFINITIONS ..............................................................................................................................................................6-7

BIDDING PROCEDURE ...............................................................................................................................................7-9

BOLI CONTRACTOR RESPONSIBILITIES .....................................................................................................................9-10

BID FORM

CERTIFICATE OF COMPLIANCE WITH TAX LAWS

SIGNATURE PAGE

ATTACHMENTS: DRAWINGS

REFERENCE DOCUMENTS AVAILABLE ON OUR WEBSITE: SAMPLE CONTRACT

MSD GENERAL CONDITIONS

AIA GENERAL CONDITIONS

I. INVITATION TO BID

Notice is hereby given that bids will be accepted by the Medford School District, at the Facilities Department, located at 815 S Oakdale Ave, Medford, OR 97501 no later than 2:00 p.m. October 26, 2021.

There will be an optional pre-bid site walk on Thursday, September 30, 2021 at 9:00 a.m. meeting at the Facilities Department (address above) enter at door B.

II. THE PURPOSE

The purpose and intent of this Invitation to Bid is to establish a firm fixed price contract with one or more qualified sources to upgrade the kitchen hood exhaust systems at the MSDEC kitchen. The existing system was not functioning properly and has been removed. We would like the attached system to replace the three fans and one Type I hood. In addition there will be a Type II hood fan reconnected to the existing ductwork, and a third fan connecting the existing ductwork to a new hood (provided by the contractor) over the commercial dishwasher. All work will be performed as described in the engineered drawings and spec sheets. All work will be performed in accordance with the specifications and conditions stated herein.

Furnish and install all materials and equipment pertaining to the kitchen exhaust system. This includes items of a minor nature necessary to complete the installation for a fully functional system.

Provide labor and materials for a complete installation of attached CaptiveAire exhaust system. This system includes:

1. Type I hood and corresponding fan (existing ductwork will be reused)

2. One fan connecting to existing Type II hood ductwork.

3. One fan connecting existing ductwork to commercial dishwasher hood, (hood will be provided and installed by contractor).

4. One make-up air unit that will be connected to existing ductwork. This will require additional ductwork to connect the unit to the existing.

5. Remove existing Pace make-up air unit from the ceiling space above the kitchen area.

6. Sheet metal roof curb caps will be needed at two fan locations.

Exclusions: The district will provide line voltage, switching, and reconnection to Ansul fire system.

The Contractor is responsible for installation, balancing, testing, startup, and operational checkout for a fully functional system. Provide check-out and start-up of all mechanical systems in accordance with manufacturer procedures and specifications. Install all Work parallel and plumb to building lines, unless otherwise indicated.

The Drawings and Work Scope are not intended to be comprehensive of all Work to be done under this Contract.

Specifications, Drawings, and Work Scope must be used in their entirety to develop full understanding of the Work to be done under this Contract.

Roof Repair: Contractor shall keep the roof in good repair and make every effort to prevent leaks from occurring from construction activity on roof. At end of project, Contractor shall make all repairs necessary to stop leaks wherever construction traffic has occurred. Provide a written one year warranty to cover 100 percent labor and material to make necessary repairs of leaks that can be attributed to the work traffic on roof as a result of this contract.

III. INSTRUCTIONS TO BIDDERS

BIDS: Bids shall be in accordance with the specifications and other contract documents on file in the Purchasing Department Office, phone 541-842-3780. All bids shall be addressed to the attention of the Purchasing Coordinator, Medford School District 549c, 815 S Oakdale Ave, Medford, OR 97501. Bids shall be placed in an envelope which is sealed and which clearly states the name of the bidder, the date of the bid opening, and appropriate wording to indicate definitely the nature of the contents. Bids submitted by FAX or e-mail will not be accepted.

CONTACT: Jackie Flory, Purchasing Coordinator 541-842-3068 Jackie.Flory@medford.k12.or.us mailto:Jackie.Flory@medford.k12.or.us

CANCELLATION: The Medford School District reserves the right to cancel this invitation or reject any and all bids submitted or to waive any minor formalities of this call, if in the judgement of the School Board the best interest of the District would be served. No proposer may withdraw his/her bid after the hour set for the opening thereof, unless the award of contract is delayed for a period exceeding thirty (30) days.

LATE BIDS: Bids received after the scheduled closing time will be returned to the respondent unopened.

QUESTIONS AND CLARIFICATIONS: Questions, interpretations or clarifications of this ITB must be requested in writing. All questions should be directed to Jackie Flory, Purchasing Coordinator at Jackie.Flory@medford.K12.or.us.

Oral instructions or information concerning the ITB given out by District employees or agents to prospective respondents shall not bind the District.

EXTRA CHARGES: The bid price shall be for the complete delivery, ready for Medford School District use, and shall include all applicable charges; extra changes will not be allowed.

INSURANCE: Successful Respondent shall be required to provide the School District with a certificate of insurance verifying that the successful respondent has all of the following insurance coverages and endorses the School District as an additional insured: professional liability insurance, commercial general liability insurance, automobile liability insurance, and worker’s compensation insurance, each in an amount not less than required by the School Districts Policies.

ADDENDA: The District shall make interpretation, corrections, or changes of the Bid Documents in writing by published Addenda. Any changes and/or addenda to this solicitation will be posted on the Medford School District (MSD) website at http://www.medford.k12.or.us/Domain/83 . Addenda will not be mailed out and it is the responsibility of the prospective Bidder to consult the website regularly until Bid Closing to avoid missing any Addenda. Failure to acknowledge all addenda may result in declaration of your bid as non-responsive.

CERTIFICATION AS AN EEO AFFIRMATIVE ACTION EMPLOYER: Successful Respondent must abide by a policy of Equal Employment opportunity Affirmative Action.

EQUAL OPPORTUNITY EMPLOYER: The Medford School District is committed to providing equal opportunities to State of Oregon certified Minority, Disadvantaged and Women’s Business Enterprises in contracting activities. (OAS 45-050-001 to 445-050-0090, State of Oregon). This contract is for public works subject to ORS 279C.800 to 279C.870 (the Oregon Prevailing Wage Rate Law).

LOCAL CONTRACTING; If the final evaluation scores are otherwise equal, the School district prefers goods or services that have been manufactured or produced by a Local Business. The District desires to employ local businesses in the purchase, lease, or sale of any personal property, public improvements or services. The District wants the residents of the State of Oregon to benefit from optimizing local commerce and services, and the local employment opportunities they generate.

RESIDENT RESPONDENT: Respondents will be required to attest as to whether they are a resident or non-resident Respondent as defined in ORS 279A.120.

CONFLICT OF INTEREST: A Respondent submitting qualifications thereby certifies that no officer, agent or employee of the School district who has a pecuniary interest in this ITB has participated in the contract negotiations on the part of the School district, that the submission is made in good faith without fraud, collusion or connection of any kind with any other Respondent of the same ITB, and that the Respondent is competing solely in its own behalf without connection with or obligation to, any undisclosed person or firm.

CONFLICTS IN DOCUMENTS: In the event of a conflict or discrepancy among the contract Documents, interpretations will be based on the following priorities:

1. Invitation to Bid.

2. Addenda, with those of a later date having precedence over those of earlier date.

3. Signed Change Orders.

4. Signed Agreement.

5. Modifications to the General Conditions.

6. MSD General Conditions for Public Improvement Contracts.

7. AIA General Conditions.

8. Schedules.

mailto:Jackie.Flory@medford.K12.or.us http://www.medford.k12.or.us/Domain/83

9. Drawings & Specifications:

a. In the case of inconsistency between Drawings and Specifications or within either Document not clarified by addendum, the better quality or greater quantity or more appropriate installation of Work shall be provided in accordance with the Architect’s interpretation.

10. Large Scale Drawings.

11. Small Scale Drawings.

CONFIDENTIALITY: All information submitted by Respondents shall be public record and subject to disclosure pursuant to the Oregon Public Records Act (ORS 192.410 et seq.) except such portions of the submittals for which Respondent requests exemption from disclosure consistent with Oregon Law. Any portion of qualifications submission that the Respondent claims constitutes a “trade secret” or is “confidential” must meet the requirements of ORS 192.501, ORS 192.502 and/or ORS 646.461 et seq. If the entire submittal is marked as constituting a “trade secret” or being “confidential” at the District’s sole discretion, such a Bid may be rejected as non-responsive.

CONSERVATION: Medford School District seeks to acquire supplies and services that promote resource conservation and reduce both greenhouse gas emissions and energy consumption. Energy and water efficient product and services will be considered in all District contracts and procurements.

When contracting for services or construction that will include the provision of energy-consuming products, agencies shall specify products that comply with the applicable ENERGY STAR or other recognized efficiency rating programs. These products if financially feasible, will be given preference over less efficient products.

Contract holders will adhere to the new construction, renovations and purchasing requirements outlined in the MSD conservation and Sustainability policy www.medford.k12.or.us/Page/3847.

AWARD: The award of this contract will be made by the District on the basis of the bid which, in the District’s sole and absolute judgement, will best serve the best interests and needs of the District. The District reserves the right to accept or reject any or all of the bids, and waive as an informality any immaterial irregularities in the bids received.

APPEALS AND PROTEST OF AWARD: Adversely affected or aggrieved Bidders shall have seven (7) calendar days from the date of the Intent-to-Award Announcement within which to file a written protest. All appeals must be in writing and physically received by the Purchasing Coordinator no later than 10:00 a.m. on the seventh (7th) calendar day after the date of the Intent-to-Award Announcement or Bid Results are posted to the website.

APPEAL OF AWARD TO ITB NO.

Medford School District

Purchasing 815 S Oakdale Ave Medford OR 97501

Protests submitted after that date will not be considered. Protests must specify the grounds upon which the protest is based. OAR 137-048-024(2).

In order to be an adversely affected or aggrieved Bidder, the Bidder must claim to be eligible for award of the contract as the lowest responsible and responsive Bidder and that any and all lower Bidders are ineligible to receive Contract award.

An actual Bidder who is adversely affected or aggrieved by the award of the Contract to another bidder may protest award, in writing, within the timeline established. The written protest shall state the grounds upon which the protest is based. No protest of award shall be considered after the deadline. Protest must specify the grounds for the appeal including the specific citation of law, rule, regulation, or procedure upon which the protest is based. The judgement used in scoring by individual evaluators is not grounds for appeal.

No protest against award shall be considered because of the content of solicitation terms and conditions, contract terms and conditions or Specifications after the deadline established for submitting protests of solicitation terms and conditions.

http://www.medford.k12.or.us/Page/3847

ITB documents may be picked up by the following methods:

Call: 541-842-3780 E-Mailing: Jackie.Flory@medford.k12.or.us Downloading from our website at http://www.medford.k12.or.us/Domain/83

IV. GENERAL CONDITIONS

We adhere to the MSD General Conditions for all our construction projects. Any modifications to these conditions are listed under MODIFICATIONS.

MODIFICATIONS TO THE MSD GENERAL CONDITIONS: These modifications to the MSD General Conditions are part of and are incorporated in the Contract Documents and modify, delete, add, and replace provisions of the General Conditions. Provisions not altered remain in effect. All terms defined elsewhere in the Contract Documents shall have the same meaning in these Modifications to the General Conditions.

CONTRACTOR’S LIABILITY INSURANCE: The following new subparagraph is replacing paragraph 2 and 3 in the MSD General Conditions Section G.3.4.1:

General Liability insurance is required by the District with a combined single limit, or the equivalent, of not less than $1,000,000 each occurrence, $2,000,000 for multiple claimants, for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. It shall provide that the State of Oregon, Medford School District (Agency) and their divisions, officers and employees are Additional Insureds but only with the respect to the contractor’s services to be provided under this contract;

Automobile Liability insurance is required by the District with a combined single limit, or the equivalent, of not less than the Oregon Financial Responsibility Law (ORS 806.060), $1,000,000 each accident or $2,000,000 for multiple claims, for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to review the insurance coverage(s) without 30 days written notice from the Contractor or its insurer(s) to Medford School District (Agency).

Certificates of insurance. As evidence of the insurance coverages required by this contract, the Contractor shall furnish acceptable insurance certificates to Medford School District (Agency) prior to its issuance of a Letter of Intent. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to State acceptance. If requested complete copies of insurance policies, trust agreements, etc. shall be provided to the State. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance.

V. TIME TABLE

Issuance of ITB……………………………………………September 22, 2021 Optional Site Walk……………………………………..September 30, 2021 at 9:00 a.m.

Last Questions Due…………………………………….October 19, 2021 …………………………...2:00 p.m.

Last Addendum Issued……………………………….October 21, 2021 …………………………..4:00 p.m.

Bid Due………………………………………………………October 26, 2021 no later than……….2:00 p.m.

Intent to Award………………………………………….October 29, 2021

The District reserves the right to deviate from this schedule.

VI. RETURN

It is the sole responsibility of the firm to ensure that their bid is received no later than the above times.

Attn: Jackie Flory – ITB 21-00-20 Medford School District 549c Facilities Office 815 S Oakdale Ave Medford OR 97501 mailto:Jackie.Flory@medford.k12.or.us http://www.medford.k12.or.us/Domain/83

VII. DEFINITIONS

The following definitions shall apply to the various titles used in these Documents:

Owner: Medford School District 549c Attn: Ron Havniear 815 S Oakdale Ave Medford OR 97501

Site: MSDEC 815 S. Oakdale Ave.

Medford OR 97501

Bid: A competitive offer, which is binding on the offerer, in which price, delivery (or project completion), and conformance to specifications and the requirements of the Invitation to Bid, will be the predominant award criteria.

Bidder: An individual, firm, or corporation, who submits a Bid in response to a contracting agency’s request.

Contract Documents: These bid Documents form the contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiation, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The contract Document shall Not be construed to create a contractual relation of any kind (1) between the Engineer and Contractor, (2) between the Owner and a Subcontractor, (3) between the Owner and Engineer, or (4) between any person or entities other than the Owner and Contractor. The Engineers shall, however, be entitled to performance and enforcement of obligations under the contract intended to facilitate performance of the engineers duties. It is the intent to issue only one Contract for each project, even though several different trades may be involved. Therefore, only those Bidders qualified by registration and experience should Bid multi-trade projects.

The Work: The term “Work” means the construction and services required by the contract documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the contractor’s obligations. The Work may constitute the whole or a part of the Contract.

The Project: The Project is the total construction of which the Work performed under the Contract Documents may be whole or a part and which may include construction by the Owner or by separate contractors.

The Drawings: The Drawings are graphic an pictorial portions of the contract documents showing the design, location and dimensions of the work, generally including plans, elevations, sections, details, schedules, and diagrams.

The Specifications: The Specifications are that portions of the contract Documents consisting of the written requirements for materials, equipment systems, standards, and workmanship for the Work, and performance of related services.

The Project Manual: The Project Manual is a volume assembled for the Work which may include bidding requirements, sample forms, Conditions of the Contract, Drawings, and Specifications.

Request for Information (RFI): Contractor report form for a request for information to clarify any errors, inconsistencies or omissions discovered in the contract Documents.

Shop Drawings: Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work.

Product Data: Product Data are illustrations, stand schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the contractor to illustrate materials or equipment for some portion of the work.

Sub-system Contractors: The successful Bidder will be awarded the contract. Subcontractors will be responsible to this Contractor.

VIII. BIDDING PROCEDURE

EXAMINATION OF SITE AND CONTRACT DOCUMENTS

Bidders shall carefully examine the documents and the construction site to obtain first-hand knowledge of existing conditions. Submit Bid with the understanding that prior to submission of Bid, Bidder has become acquainted with the requirements of the Contract Documents, the Site and has obtained all information essential for completion of the work on or before the date specified. The Bidder shall not, at any time after the submission of Bid, set up any claims whatsoever based upon insufficient date or incorrectly assumed conditions. Nor shall Bidder claim any misunderstanding in regard to the nature, conditions, or character of Work to be done under the contract, and shall assume all risks resulting from any changes in conditions which may occur during the progress of the work.

Contractors will not be given extra payment for conditions which can be determined by examining the Site and Contract Documents.

INTERPRETATION OF DOCUMENTS

The Owner will not be responsible for oral clarification. Submit in writing to the Owner, all questions regarding the Contract Documents. Replies in the form of Addenda will be issued to all Bidders of Record and will become a part of the Contract.

CORRECT SIGNATURES

If the Bidder is an individual trading under their own or a fictitious name, the Bid shall be signed by the authorized Individual of the contractor, and the exact mailing address and telephone number shall be given. If someone other than the authorized Individual signs the Bid, then a notarized Certificate of Authority signed by the authorized Individual of the contractor shall accompany the Bid.

If the Bidder is a firm or partnership trading under an individual or fictitious name, the Bid shall be signed by one or more partners with the exact names and mailing addresses of the firm or partnership members included. If someone other than a partner signs the Bid, then a notarized Certificate of Authority signed by all the partners shall accompany the Bid. If the Bidder is a corporation, the Bid proposal shall be signed by the President or Vice- President, or by an individual with a notarized Certificate of Authority shall accompany the Bid. Names, titles, telephone numbers, and business addresses of the president, secretary, and treasurer shall appear on the Certificate of Authority.

The corporate Bidder shall include the name of the state under which it is incorporated.

No agreement will be made with a Bidder who is a foreign corporation, or who is operating under a fictitious or assumed name, unless such Bidder has complied or agrees to comply with the proper qualifications and registration under the laws of the State of Oregon, and such compliance or agreement to comply has been communicated to the Engineer at the time of the Bid opening.

BID ASSURANCE

The Bidder is to agree not to withdraw their Bid for a period of 30 days after the scheduled closing time.

BID SECURITY

Bid shall be accompanied by a Bid Bond or certified check, payable to the Owner, of not less than 10 percent (10)) of the total Bid.

Submit Bid Security with the understanding it shall guarantee that Bid will not withdraw the Bid for a period of 30 days after the scheduled closing time. If the bid is accepted, Bidder shall execute an Agreement with the Owner and deliver the specified Bonds. In the event of withdrawal of the Bid within said period, failure to execute an Agreement, the Bid Security will be forfeited.

The Bidder shall be liable to the Owner for the full amount of the Bid security as representing the damage to the Owner on account of the default of the Bidder in any particular hereof. The Bid Bond shall be satisfactory to the Owner and executed by a licensed bonding company doing business in the State of Oregon.

BACKGROUND CHECKS

Background checks are mandatory for all employees and contractors working on the site. It is the responsibility of the contractor to alert the School District of any changes to the list of employees including sub-contractors.

Contractor is to provide the District with a list of all employees that will be working on the district site.

PREVAILING WAGE

Successful bidder and every subcontractor must have a public works bond filed with the Construction Contractors Board before starting work on the project. ORS 279C.830(3).

Successful bidder must pay applicable prevailing wage rates. The applicable prevailing wage rates are those in effect at https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/july-1-2021-pwr-rate-book.pdf the time the initial specifications are first advertised for bid solicitations. Current applicable rates can be viewed at ORS 279C.830(1); OAR 839-025-0020(4) and (5) Contractors are to use “Prevailing Wage Rates for Public Works Contracts in Oregon BOLI Rates” July1, 2021 Rate Schedule. If Federal Funds are being used the Contractor must adhere to the “Davis-Bacon Act” rates.

Because the project involves federal funds, this ITB and the resulting Contract are subject to federal Davis-Bacon Act requirements in addition to BOLI requirements. The Contractor shall pay the higher of the BOLI wage rates and fringe benefits, as identified in the BOLI wage rate booklet, or the federal wage rates and fringe benefits listed in the publication “General Wage Determinations Issued Under the Davis-Bacon and Related Acts” that is last published prior to the Bid Closing date set forth in this ITB. Bidders may obtain the applicable federal rates through the following U.S. Department of Labor link: https://wdolhome.sam.gov/ . Bidders are advised that federal Davis- Bacon rates may be amended at any time prior to Bid Closing and that contractors remain responsible for meeting federal Davis-Bacon Act requirements and State of Oregon prevailing wage rate requirements

ADVANCED PAYMENTS & DEPOSITS

Medford School District 549c will not provide advanced payments/deposits for goods or services.

IX. BOLI CONTRACTOR RESPONSIBILITIES

Filing a Public Works Bond with Construction Contractors Board Contractors and subcontractors must file a $30,000 public works bond with the Construction Contractors Board (CCB) before beginning work on a public works project. The public works bond must provide that the contractor or subcontractor will pay claims ordered by the bureau to workers on public works projects. Unlike other required payment and performance bonds, the public works bond remains in effect continuously and covers all public works projects worked on during the duration of the bond. ORS 279C.836(1) OAR 839-025-0020(4)(e).

Before allowing a subcontractor to start work on a public works project, the contractor must ensure the subcontractor has filed a public works bond with the CCB. This information can be found on CCB’s website at www.oregon.gov/ccb (under the Contractor License Search section). ORS 279C.836(2).

Any person that is required to pay prevailing wages on a public project must file a public works bond with the CCB.

This is the case even if the employer does not have a CCB license. For example, non-construction companies such as temporary employment agencies are not required to have a CCB license, but if they employ workers on a public works project, they will have to pay those workers the appropriate prevailing wage rate and will therefore be required to file a public works bond with the CCB. ORS 279C.836(4).

An exemption from this requirement is allowed for certified disadvantaged, minority, women or emerging small business enterprises, for the first year of certification. Such an enterprise must provide the CCB with written notification of its certification. In additions, the business enterprise must notify the public agency and the prime contractor that a public works bond has not been filed by the business enterprise. ORS 279C.836(7).

In some cases of emergency, if declared in accordance with rules adopted under ORS 279A.065, the requirement for filing a public works bond with CCB may be excused. ORS 279C.836(9) Adopted ORS279A.065, ORS 279A.010(f).

A contractor or subcontractor may elect not to file a public works bond as required under subsection (1) of this section for any public works project for which the contract price does not exceed $100,000. 279C.836(8)

Public works bond forms can be found on BOLI’s web site at www.oregon.gov/boli. Other forms, such as non-construction company forms and exemption forms, can be found on CCB’s web site at www.oregon.gov/ccb.

Required Contract Language Every contract and subcontract must contain a provision that states the workers will be paid not less than the applicable prevailing wage rate for the type of work being performed. ORS 279C.830(1)(c); OAR 839-025-0020(3).

https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/july-1-2021-pwr-rate-book.pdf https://wdolhome.sam.gov/ http://www.oregon.gov/ccb http://www.oregon.gov/boli http://www.oregon.gov/ccb

Payment of Prevailing Wages Contractors and subcontractors must pay workers on public works projects no less than the applicable prevailing rate of wage for the type of work they perform. ORS 279C.840; OAR 839-025-0035(1) Contractors are to use “Prevailing Wage Rates for Public Works Contracts in Oregon BOLI Rates” July 1, 2021 Rate Schedule.

Except for CM/GC contracts, the rates in effect at the time the initial specifications are first advertised for bid solicitations are the rates that apply for the duration of that project. OAR 839-025-0020(4)(a) (See Section (7) of this rule for CM/GC related information).

Required Postings Prevailing Wage Rates; Each and every contractor and subcontractor must post the applicable prevailing wage rates and fringe benefit plan in formation in a conspicuous place at the work site so workers have ready access to the information. ORS 279C.840(4); OAR 839-025-0033(1).

Details of Fringe Benefit Programs Contractors and subcontractors must post the details of all fringe benefit plans or programs if any contributions are made to a third party for fringe benefits. The posting should include a description of the plan, information about how to file a claim and where to obtain more information. ORS 279C.840(5); OAR 839-025-0033(2).

(b) If a public works project is subject to both ORS 279C.800 to ORS 279C.870 and to the Davis-Bacon Act (40 U.S.C.

3141 et seq.), every public works contract and subcontract must provide that the worker whom the contractor, subcontractor or other person who is a party to the contract uses in performing all or part of the contract, must be paid not less than the higher of the applicable state prevailing rate of wage for each trade or occupation as defined by the Commissioner of the Bureau of Labor and Industries in the applicable publication entitled Definitions of Covered Occupations for Public Works Contracts in Oregon or federal prevailing rate of wage.

(6)(a) The specifications for every public works contract must contain a provision that states the existing state prevailing rate of wage and, if applicable, the federal prevailing rate of wage required under the Davis-Bacon Act (40 U.S.C. 3141 et seq.).

(b) Except as provided in subsection (d) of this section and sections (8) and (9) of this rule, the existing state prevailing rate of wage and the applicable publication entitled Definitions of Covered Occupations for Public Works Contracts in Oregon are those in effect at the time the initial specifications were first advertised for bid solicitations.

(c) If a public agency is required under subsection (a) of this section or section (8) of this rule to include the state and federal prevailing rates of wage in the specifications for a contract for public works, the public agency shall also include in the specifications the requirement that the contractor pay the higher of the applicable state or federal prevailing rate of wage to all workers on the public works project.

(d) Pursuant to ORS 279C.838(4) and notwithstanding ORS 279C.830(1), if the contract is subject to both ORS 279C.800 to 279C.870 and the Davis Bacon Act (40 U.S.C. 3141 et seq.), the public agency may provide in the specifications for the contract a single date to be used to establish the “existing state prevailing rate of wage,” the applicable publication entitled Definitions of Covered Occupations for Public Works Contracts in Oregon, and the “applicable federal prevailing rate of wage” that is consistent with the federal requirements under 29 CFR 1.6.

Work Schedule Contractors and subcontractors must give workers the regular work schedule (days of the week and number of hours per day) in writing, before beginning work on the project. Contractors and subcontractors may provide the schedule at the time of hire, prior to starting work on the contract, or by posting the schedule at the work site, along With the prevailing wage rate information and any fringe benefit information. If an employer fails to give written notice of the worker’s schedule, the work schedule will be presumed to be a five-day schedule. The schedule may only be changed if the change is intended to be permanent and is not designed to evade the PWR overtime requirements. ORS 279C.540(2); OAR 839-025-0034.

Certified Payroll Filing Requirements; Every contractor and subcontractor on a covered project must file certified payroll records with the contracting agency. Contractors and subcontractors must complete a certified payroll statement for each week a worker is employed on a public work. These certified payroll statements must be submitted once a month, by the fifth business day of the following month, to the contracting agency. ORS 279C.845; OAR 839-025-0010.

Certified Payroll Form To help contractors and subcontractors satisfy the filing requirement, Form WH-38 is included in each PWR rate book, and can also be found on BOLI’s website at www.oregon.gov/BOLI. BOLI does not require contractors and subcontractors to use this form, but they must supply all information the form requests, and this information must be certified. Contractors and subcontractors using their own forms or reports can comply with the certification requirement by attaching and completing a copy of the certified statement from the WH-38 form to their filing.

http://www.oregon.gov/BOLI

BID FORM

MEDFORD SCHOOL DISTRICT 549C

(MUST BE RETURNED WITH BID)

MSDEC Kitchen Hoods The following Bid Form shall be part of Contract Work.

Bid Number: ITB 21-00-20 • Bid Opening: October 26, 2021

The Undersigned, having visited the Site of the proposed construction and having become familiarized with the conditions affecting the cost of the Work and all requirements of the Contract Documents, hereby proposes and agrees to provide any and all labor, materials, equipment, transportation, and services, and perform all Work for the MSDEC Kitchen Hoods.

The Undersigned also agrees to perform all Work in strict accordance with the Plans and Specifications included in the Contract Documents and any Addenda issued prior to Bid closing date.

The Undersigned further agrees not to withdraw the Bid for a period of thirty (30) days after the scheduled closing time. If awarded the Contract, the Undersigned further agrees to be bound by the Agreement with the Owner.

Bidder has made inspection of Site: Yes ___________ No____________

Bidder's Name __________________________________________________

Bidder's Address ________________________________________________

Federal Tax I.D. # ________________________________________________

Responders must hold current State Licensing applicable to any work they may be performing.

City of Medford Business License # __________________________________

State of Oregon CCB # ___________________ Expiration Date ___________

Telephone _____________________________________________________

If Firm Is Corporation, State in Which Incorporated ______________________

Base bid for the Hedrick Middle School Sidewalk Replacement: All materials, services, and equipment necessary for completion of the Work shown on the Drawings and in the Specifications.

The Bidder specifically agrees to the provisions required by ORS 279C.840 that are required by this Contract.

________________________________________Dollars ($______________) (Bid Price in Words) (Numerically)

__________________________________Date ________________________ Signature of Bidder

Signing Officer __________________________________________________

Office Held_______________ Date _________________________________

If a Partnership, Members of Firm ___________________________________

Corporate Seal

EXHIBIT B

CERTIFICATE OF COMPLIANCE WITH TAX LAWS

CONTRACTOR DATA AND CERTIFICATION

Name (tax filing): ____________________________________________________________________

Address: ___________________________________________________________________________

Citizenship, if applicable:

Non-resident alien ____ yes ____ no

Business Designation (check one):

_______ Corporation ________Partnership

_______Sole Proprietorship _______ Governmental/Non-Profit

Federal Tax ID#______ -______ - ______OR SSN______ - ______- ______

Above payment information must be provided prior to contract approval. This information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number submitted. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject contractor to 31 percent backup withholding.

Certification: I, under penalties of perjury, do hereby certify that (a) the number shown on this form is my correct taxpayer ID (or I am waiting for the number to be issued to me) and (b) I am not subject to backup withholding because (i) I am exempt from backup withholding or (ii) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified me that I am no longer subject to backup withholding.

I, the undersigned also (a) agree to perform the work required by Exhibit A in accordance with the terms and conditions (listed on the front and back side hereof and made part of this contract by reference); (b) certify under penalty of perjury that I/my business am not/is in violation of any Oregon tax laws; and (c) certify I am an independent contractor as defined in ORS 670.600.

I, the undersigned, being first duly sworn, hereby certify under penalty of perjury that I am authorized to act on behalf of _________________________ [insert Proposer’s name] and to the best of my knowledge, __________________[insert Proposer’s name] is not in violation of any Oregon Tax Laws. For purposes of this Certificate, “Oregon Tax Laws” are those laws and programs listed in ORS 305.380(4), namely ORS Chapters 118, 314, 316, 317, 318, 320, 321 and 323 and Sections 10 to 20, Chapter 533, Oregon Laws 1981, as amended by Chapter 16, Oregon Laws 1982 (first special session); the elderly rental assistance program under ORS 310.630 to 310.706; and any local tax laws administered by the Oregon Department of Revenue under ORS 305.620. I will continue to comply with the tax laws of this state, or a political subdivision of this state, during the term of the public contract, and provide that my failure to comply with the tax laws, of this state or a political subdivision of this state, before I have executed the public contract or during the term of the public contract is a default for which the contracting agency may terminate the public contract, and seek damage and other relief available, under the terms of the public contract or under applicable law.

Contractor’s Authorized Agent:

Signature/Title

Print Name Date

Contractor: ___________________________________________________

Contact Person: ________________________________________________

Address: _____________________________________________________

Address: _____________________________________________________

Phone: _______________________________________________________

Email Address: ________________________________________________

SIGNATURE PAGE

(MUST BE RETURNED WITH BID)

SIGNATURE OF FIRM’S DULY AUTHORIZED REPRESENTATIVE FOR THIS PROPOSAL MUST BE SIGNED IN INK BY AN AUTHORIZED REPRESENTATIVE OF THE FIRM; ANY ALTERATIONS OR ERASURES TO THIS PROPOSAL MUST BE

INITIALED IN INK BY THE UNDERSIGNED AUTHORIZED REPRESENTATIVE.

The undersigned agrees and certifies that he or she:

1. Has read and understands all Proposal instructions, specifications, and terms and conditions contained herein;

2. Is an authorized representative of the Proposer, that the information provided in this Proposal is true and accurate, and that providing incorrect or incomplete information may be cause of Proposal rejection or contract termination;

3. Is bound by and will comply with all requirements, specifications, and terms and conditions contained herein; and

4. Will furnish the designated item(s) and/or service(s) in accordance with the contract if awarded to Proposer.

5. Proposer will provide its Federal Tax Identification number or Social Security Number with Proposal submission.

Authorized Signature: _____________________________

Title: ___________________________________________

Company Name: __________________________________

Date: ___________________

FEIN ID# or SSN# (required):_______________________

ADDENDA RECEIPT

Acknowledge receipt of all addenda. This proposal includes all work indicated and specified in the following Addenda which were received during the time of bidding.

Addendum No._____ Date: __________ Addendum No._____ Date: ___________

Addendum No._____ Date: __________ Addendum No._____ Date: ___________

Note: A Public Works Bond and a Bid Bond are required for this project.

Pages 11 – 13 must be returned with Bid.