RFP 21-00-24 Refrigeration Upgrades-3 Locations.pdf

Medford School District 549C Request for Proposal

Refrigeration Upgrades-5 Locations

21-00-24

DUE DATE & TIME

December 30, 2021 no later than 2:00 p.m. PDT No Late Responses Will Be Accepted

SUBMIT TO:

Medford School District 549C

Jackie Flory 815 S. Oakdale Ave. Building A

Medford, OR 97501

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

TABLE OF CONTENTS

REQUEST FOR PROPOSAL

MANDATORY PRE-BID MEETING

PROPOSAL SUBMISSION REQUIREMENTS

MINIMUM QUALIFICATIONS

SELECTION PROCESS

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

GENERAL CONDITIONS

TIMETABLE

CONTACT INFORMATION

DATE OF RETURN

DEFINITIONS

PROPOSAL PROCEDURE ...................................................................................................................................7-8

BOLI CONTRACTOR RESPONSIBILITIES ............................................................................................................8-9

PROPOSAL FIRM

CERTIFICATE OF COMPLIANCE WITH TAX LAWS

SIGNATURE PAGE

PERFORMANCE BOND

FIRST TIER SUBCONTRACTOR DISCLOSURE FORM

REFERENCE DOCUMENTS AVAILABLE ON OUR WEBSITE: 1. AIA SAMPLE CONTRACT

2. AIA GENERAL CONDITIONS

3. MSD GENERAL CONDITIONS

I. REQUEST FOR PROPOSAL

Notice is hereby given that proposals will be accepted by the Medford School District at the Facilities Department, located at 815 S Oakdale, Medford, OR 97501 no later than 2:00 p.m. December 30, 2021.

The Medford School District 549C (District) is seeking written proposals from qualified contractors to provide all labor, materials and equipment required for updating/replacing refrigeration equipment at four (5) District locations. The sites and work requested are as follows:

1. Oak Grove Elementary – Demo walk in freezer and remove existing refrigeration equipment.

2. Ruch Outdoor School – Replace refrigerator doors; demo freezer box and refrigeration equipment.

3. Hoover – Replace refrigerator doors.

4. North Medford High School – Change out refrigeration systems to non-water cooled, OR (preferred) add a heat exchanger to water cooled equipment.

5. Central Medford High School – Update equipment for walk-in refrigerator and freezer. Place both condensers on freezer roof. Item 5 falls under the Federal Davis Bacon Act requirements.

This is a qualified bid process so while overall costs are a major factor, contractors who can provide the most experience and scope of services requested, will receive higher marks. The District invites interested contractors to complete and submit a proposal.

The work is to be completed with a proposed timeline that will be as minimally invasive to the school’s ability to function or preferably prior to June 15, 2022.

II. MANDATORY PRE-PROPOSAL MEETING

There will be a mandatory pre-proposal meeting on Wednesday, December 1, 2021 at 1:00 p.m. in the Facilities Office located at 815 S Oakdale Ave, Medford, OR 97501. Building A of the Annex. Enter door B on West Barnett and the street dead ends in our parking area.

III. PROPOSAL SUBMISSION REQUIREMENTS

The Contractor shall be responsible for preparing an effective, clear, and concise proposal. The proposals must include the following minimum information:

1. Cover letter addressed to Mr. Andy Chasteen, Facilities Manager Support Services, and signed by a person legally authorized to bind the applicant to its proposal. The cover letter must include the name of the company and the person(s) representing this project, address, and telephone and fax numbers of the contractor and email address of the person(s) who are authorized to represent the proposer. (The letter should also include that the contractor has made no agreements with any company that places it as the sole contractor for such company).

2. The Contractor providing the primary service to the District shall demonstrate in-depth knowledge to complete the project on schedule and within budget.

3. Proof of CCB licensure and a Bond for Public Works in the State of Oregon.

4. Profile of the Company that includes articulation of experience with public sector accounts of similar size and scope of service.

5. Name(s), titles, and qualifications of proposed key personnel with experience in public sector accounts of similar size and scope of service.

6. Articulate a plan and ability to provide continued local service, delivery and support to meet the following scope of work, including examples of previous projects.

7. References of current clients.

8. This proposal requires you to include pages 10-14.

9. The Medford School District is an Equal Opportunity Employer. Each Contractor shall comply with federal, state and local Equal Employment Opportunity requirements.

IV. MINIMUM QUALIFICATIONS

1. This project must be completed by June 15, 2022.

2. Must be able to supply proper Bonds.

3. Before entering into contract, the successful respondent shall furnish to the District Purchasing Department a Certificate of Insurance verifying all of the following coverage’s and identifying the Medford School District as an “additional insured.” The Design Builder shall be required to maintain and carry in force, for the duration of the contract, insurance coverage for the types and minimum liability.

V. SELECTION PROCESS

1. Each proposal received will be evaluated to determine if it meets the stated requirements. Failure to meet these requirements will be cause for eliminating the proposal from further consideration;

2. The District reserves the right to reject any and all proposals, to waive any technicalities, informalities and irregularities, to accept or reject all parts of the proposal, and to be the sole judge of the suitability of the proposals offered;

3. Proposals will be evaluated generally on the following criteria:

a. Qualifications of the contractor 20

b. Qualifications of assigned staff 20

c. Ability to meet scope-of-work and service required 30

d. Fees charged and cost effectiveness of the proposed services 20

e. Reference checks 10

100 possible points

4. All submittals in response to this RFP are public records and available for inspection and copying upon request.

Any portions of the RFP submittal marked as confidential will not be made public without consent of the consultant prior to the award of the contract;

5. A review committee of qualified professionals will be appointed by the Facilities and Support Services Manager or his designee. The proposals received will be evaluated by the review committee. The review committee will submit a recommendation to the Facilities and Support Services Manager

VI. INSTRUCTIONS TO BIDDERS

PROPOSALS: Proposals shall be in accordance with the specifications and other contract documents on file in the Purchasing Department Office, phone 541-842-3780. All proposals shall be addressed to the attention of the Purchasing Coordinator, Medford School District 549C, 815 S Oakdale Avenue, Medford, OR 97501. Proposals 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. Do not send proposals by FAX. Proposals submitted via FAX will not be accepted.

RFP COSTS: All costs incurred in the preparation and presentation of the RFP shall be the responsibility of the responding party to the RFP. All documents submitted as part of the RFP will become property of the District.

Requests for specific material to be returned will be considered. Any material submitted that is confidential must be clearly marked as such.

CANCELLATION: The Medford School District reserves the right to cancel this invitation or reject any and all proposals submitted or to waive any minor formalities of this call, if in the judgment of the School Board the best interest of the District would be served. No bidder 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 PROPOSALS: Proposals received after the scheduled closing time will be returned to the respondent unopened.

QUESTIONS AND CLARIFICATIONS: Questions, interpretations or clarifications of this RFP 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 RFP given out by District employees or agents to prospective Respondents shall not bind the District.

mailto:Jackie.Flory@medford.k12.or

EXTRA CHARGES: The proposal 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. Proposals shall be prepared simply and economically, providing a straightforward, concise description of proposer’s capabilities to satisfy the requirements of the RFP. Special production such as bindings, colored displays, and promotional material are not necessary;

however, the proposer should be prepared to present to a selection panel onsite at the District offices if deemed necessary. Emphasis should be on completeness and clarity of the content.

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: commercial general liability insurance, automobile liability insurance, and worker compensation insurance, each in an amount not less than required by the School Districts Policies.

ADDENDA: The District shall make interpretations, 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. (OAR 445- 050- 0001 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 RFP 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. Request for Proposal.

2. Addenda, with those of 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.

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.

http://www.medford.k12.or.us/Domain/83.%20%20Addenda%20will%20not%20be%20mailed%20out%20and%20it%20is%20the%20responsibility%20of%20the%20prospective%20Bidder%20to%20consult%20the%20website%20regularly%20until%20Bid%20Closing%20to%20avoid%20missing%20any%20Addenda.%20%20Failure%20to%20acknowlege%20all%20addenda%20may%20result%20in%20declaration%20of%20your%20bid%20as%20non-responsive.

http://www.medford.k12.or.us/Domain/83.%20%20Addenda%20will%20not%20be%20mailed%20out%20and%20it%20is%20the%20responsibility%20of%20the%20prospective%20Bidder%20to%20consult%20the%20website%20regularly%20until%20Bid%20Closing%20to%20avoid%20missing%20any%20Addenda.%20%20Failure%20to%20acknowlege%20all%20addenda%20may%20result%20in%20declaration%20of%20your%20bid%20as%20non-responsive.

http://www.medford.k12.or.us/Domain/83.%20%20Addenda%20will%20not%20be%20mailed%20out%20and%20it%20is%20the%20responsibility%20of%20the%20prospective%20Bidder%20to%20consult%20the%20website%20regularly%20until%20Bid%20Closing%20to%20avoid%20missing%20any%20Addenda.%20%20Failure%20to%20acknowlege%20all%20addenda%20may%20result%20in%20declaration%20of%20your%20bid%20as%20non-responsive.

http://www.medford.k12.or.us/Domain/83.%20%20Addenda%20will%20not%20be%20mailed%20out%20and%20it%20is%20the%20responsibility%20of%20the%20prospective%20Bidder%20to%20consult%20the%20website%20regularly%20until%20Bid%20Closing%20to%20avoid%20missing%20any%20Addenda.%20%20Failure%20to%20acknowlege%20all%20addenda%20may%20result%20in%20declaration%20of%20your%20bid%20as%20non-responsive.

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 exception 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 Proposal 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 products 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 Proposal which, in the District’s sole and absolute judgment, will best serve the best interests and needs of the District. The District reserves the right to accept or reject any or all the Proposals, and waive as an informality any immaterial irregularities in the proposals 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 RFP 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 137-048-0240(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. Protests must specify the grounds for the appeal including the specific citation of law, rule, regulation, or procedure upon which the protest is based. The judgment used in scoring by individual evaluators is not grounds for 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.

RFP documents may be picked up by the following methods:

Calling: 541-842-3780 E-mailing: jackie.flory@medford.k12.or.us Downloading from our website at http://www.medford.k12.or.us/Domain/83

VII. GENERAL CONDITIONS

We adhere to the MSD General Conditions for all our construction projects.

Any modifications to the General Conditions are listed under MODIFICATIONS.

file://msdfileshare/maintenance$/Purchasing/4.%20%20Templates/1.%20%20ITB%20Bid%20Templates/1.%20%20New%20Templates/www.medford.k12.or.us/Page/3847 mailto:jackie.flory@medford.k12.or.us http://www.medford.k12.or.us/Domain/83

CONTRACTOR’S LIABILITY INSURANCE: MSD General Conditions Section G.3.4.1:

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.

MODIFICATIONS TO THE MSD GENERAL CONDITIONS:

These modifications to the General Conditions are a 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.

LIQUIDATED DAMAGES: The following items are modified from the MSD General Conditions: Paragraph E.2.4 (f) (h).

The following items are modified from the Sample AIA documents: 3.3 Substantial Completion 3.3.3

VIII. TIME TABLE:

Issuance of RFP November 19, 2021 Mandatory Pre Proposal Conference and Site Walk December 1, 2021 1:00 p.m.

Last Questions Due December 21, 2021 2:00 p.m.

Last Addendum Issued December 22, 2021 4:00 p.m.

Proposal Due December 30, 2021 2:00 p.m.

Intent to Award January 5, 2022

The District reserves the right to deviate from this schedule.

IX. CONTACT INFORMATION:

All inquiries for information regarding Proposal Submissions and Procurement Procedures should be directed to:

Jackie Flory, Purchasing Coordinator Phone: 541-842-3780 E-mail: Jackie.Flory@medford.k12.or.us

X. DATE OF RETURN: December 30, 2021 no later than 2:00 p.m.

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

Attn: Jackie Flory • RFP 21-00-24 Medford School District 549C, Facilities Office 815 S Oakdale Ave Medford, Oregon 97501

XI. DEFINITIONS

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

Owner: Medford School District 549C Attn: Andy Chasteen 815 S Oakdale Ave Medford, OR 97501

Site: Oak Grove Ruch Hoover North Central 2838 W Main St 156 Upper Applegate Rd 2323 Siskiyou Blvd 1900 N Keene Way 815 S Oakdale Ave Medford OR 97501 Jacksonville OR 97530 Medford OR 97504 Medford OR 97504 Medford OR 97501 mailto:Jackie.Flory@medford.k12.or.us

XII. PROPOSAL PROCEDURE

EXAMINATION OF SITE AND CONTRACT DOCUMENTS : Proposers shall carefully examine the documents and the construction Site to obtain first-hand knowledge of existing conditions. Submit Proposal with the understanding that prior to submission of Proposal, 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 Proposal, set up any claims whatsoever based upon insufficient data 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 payments 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 Proposal 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 Proposal 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 Proposal, 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 Proposal.

Names, titles, telephone numbers, and business addresses of the president, secretary, and treasurer shall appear on the Certificate or 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. If the Bid is accepted, Bidder shall execute an Agreement with the Owner and deliver the specified Performance and Payment Bonds.

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 Base Bid. Bidders may use their own form for the Bid Bond.

Submit Bid Security with the understanding it shall guarantee that Bidder will not withdraw the Bid for a period of 30 days after the scheduled closing time. If the Proposal is accepted, Bidder shall execute an Agreement with the Owner and deliver the specified Performance and Payment Bonds. In the event of withdrawal of the Bid within said period, failure to execute an Agreement, or failure to deliver Performance/Payment Bond within 10 days after receiving notice of acceptance of the Bid, 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.

FIRST TIER SUB DISCLOSURE: Pursuant to ORS 279C370, all bidders must submit the attached First Tier Subcontractor Disclosure form within two working hours of bid opening or bid will be deemed non-responsive. This form needs to be submitted even if no subcontractors are proposed on this project, simply state that on the form.

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.

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 the time the initial specifications are first advertised for bid solicitations. Current applicable rates can be viewed at http://www.oregon.gov/boli/WHD/PWR/Pages/PWR-Rate-Publications---2018.aspx. 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” October 1, 2021 Rate Schedule.

ADVANCED PAYMENTS & DEPOSITS: Medford School District 549C will not provide advanced payments/deposits for goods or services.

XIII. BOLI CONTRACTOR RESPONSIBILITIES and Federal Davis Bacon Act (Central Only)

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 addition, 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)

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

FEDERAL DAVIS BACON ACT REQUIREMENT (Central Only) Because the project involves federal funds, this RFP 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.

http://www.oregon.gov/boli/WHD/PWR/Pages/PWR-Rate-Publications---2018.aspx http://www.oregon.gov/ccb http://www.oregon.gov/boli http://www.oregon.gov/ccb https://wdolhome.sam.gov/

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)

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” October 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 information 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).

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 http://www.oregon.gov/boli/Pages/index.aspc. 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.

PROPOSAL FORM

MEDFORD SCHOOL DISTRICT 549C

PAGES 10 to 14 MUST BE RETURNED WITH PROPOSAL RFP 21-00-24 Refrigeration Upgrades-5 Locations

The following Bid Form shall be part of Contract Work.

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 project Refrigeration Upgrades-5 Locations. The Undersigned also agrees to perform all Work in strict accordance with Contractors Proposal and any Addenda issued prior to Proposal closing date.

The Undersigned further agrees not to withdraw the Proposal 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 Refrigeration Upgrades-5 Locations: All materials, services, and equipment necessary for completion of the Work shown in Contractors Proposal.

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

Bid (Bid Price in Words) (Numerically) __________________________________Date ________________________ Signature of Bidder

Signing Officer __________________________________________________

Office Held_______________ Date _________________________________

If a Partnership, Members of Firm ___________________________________

Corporate Seal

CERTIFICATE OF COMPLIANCE WITH TAX LAWS

(MUST BE RETURNED WITH PROPOSAL)

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/the State may terminate the public contract, and seek damage and other relief available, under the terms of the public contract or under applicable law.

Business Designation (check one):

____Corporation ____Partnership ____Sole Proprietorship

____Governmental/Non-Profit ____Limited Liability Company

Social Security No. or Federal Tax Identification No.: ____________________________

(Above information must be provided with the Proposal. If awarded the contract, this information will be reported to the Internal Revenue Service under the name and taxpayer I.D. number submitted. Information not matching IRS records could subject architect to 31 percent backup withholding.)

Signature: _______________________________________Date:___________________

Name: __________________________________________Title:___________________

Firm:___________________________________________________________________

Address:________________________________________________________________

City/State/Zip: ______________________________________Phone (____) _________

Fax:___________________________________________

Email: _________________________________________

SIGNATURE PAGE

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;

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: ___________

Bonds Due at Time of Proposal Submission

Bid Bond

Pages 10-13 must be included with your proposal. Page 14 must be delivered by 4:00 p.m. on day of submission.

Upon reward of Contract

Performance and Payment Bond Proof of vaccination or exemption paperwork provided before project can begin.

PERFORMANCE BOND AND LABOR-MATERIAL PAYMENT BOND ASSURANCE

The successful Bidder guarantees they shall be bonded by Performance Bond and Labor-Material Payment Bond, each in an amount equal to 100% of the Contract. The bonds shall be satisfactory to the Owner and executed by a licensed bonding company doing business in the State of Oregon. The Bid shall include the cost of such Bonds.

Deliver required bonds to Owner not later than the date of execution of the Agreement. Submit, with Bid, evidence satisfactory to the Owner that such bonds will be issued. The attorney who executes the required bonds on behalf of the surety shall affix to the bonds a certified and current copy of his/her power of attorney indicating the monetary limit of such power.

The surety requested to issue the Performance Bond will be

(Name of Surety Company - not insurance company)

Agent _________________________________ Phone number _________________

The Undersigned herby authorizes said surety company to disclose any information to the Owner concerning the undersigned’s ability to supply a Performance Bond in the amount of the contract.

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

(ORS 279C.370)Bids which are submitted by Bid Closing, but for which a required disclosure submittal has not been made by the specified Disclosure Deadline, are not responsive and shall not be considered for Contract award

AGENCY SUPPLIED INFORMATION:

PROJECT NAME: Refrigeration Upgrades-5 Locations BID #: RFP 21-00-24 BID CLOSING: Date: December 30, 2021 Time: 02:00 PM REQUIRED DISCLOSURE DEADLINE: Date: December 30, 2021 Time: 04:00 PM Deliver Form To (Agency): Medford School District 549C Designated Recipient (Person): Jackie Flory Phone #: (541) 842-3780 Agency’s Address: 815 S. Oakdale Avenue Medford OR 97501

INSTRUCTIONS:

The contracting agency will insert "N/A" above if the contract value is not anticipated to exceed $100,000.

Otherwise this form must be submitted either with the bid or within two (2) working hours after the advertised bid closing date and time; but no later than the DISCLOSURE DEADLINE stated above.

Unless otherwise stated in the solicitation, this document shall not be submitted by facsimile. It is the responsibility of bidders to submit this disclosure form and any additional sheets, with the bid number and project name clearly marked, at the location indicated by the specified disclosure deadline. See “Instructions to Bidders”.

List below the Name, Category of Work add Dollar Value for each first-tier subcontractor that would be furnishing labor, or labor and material, for which disclosure is required. Enter the word "NONE" if there are no first-tier subcontractors subject to disclosure. ATTACH ADDITIONAL SHEETS IF NECESSARY.

BIDDER DISCLOSURE:

SUBCONTRACTOR NAME CATEGORY OF WORK DOLLAR VALUE

1. ________________________ _____________________ __________________

2. ________________________ _____________________ __________________

3. ________________________ _____________________ __________________

4. ________________________ _____________________ __________________

5. ________________________ _____________________ __________________

6. ________________________ _____________________ __________________

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

a) 5% of the total Contract Price, but at least $15,000. [If the Dollar Value is less than $15,000 do not list the subcontractor above.] or

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

Form Submitted By (Bidder Name): _________________________________________________

Contact Name: ___________________________________ Phone #: _______________________