ITB 291 - Loading Dock Platform Relocation Project.pdf

saif.com

February 17, 2022

SAIF Corporation invites you to submit a bid to provide general contract work to complete demolition and relocation of a platform located in SAIF’s loading dock area, per the specifications of the architectural drawing on the following page. SAIF would be looking to have this work completed and billed this calendar year. Site visits to tour the area are available by appointment only until Friday, February 25, 2022. Contact

Procurement@saif.com to request an appointment or to request a pdf of the drawing.

Scope of Work The proposer must be qualified and prepared to provide services to SAIF in the following areas:

1. Confirm platform and loading dock dimensions prior to execution.

2. Confirm door swing not to hit the grease interceptor.

3. Use existing platform.

4. Repaint - remove rust, prime and paint.

5. Relocate all power and condenser lines down to units. Reroute line to inside corner then behind unit.

6. Patch holes in concrete.

7. Relocate all MEP Linesets, electrical, etc., in an orderly fashion.

8. Perforated metal panel to match existing generator enclosure metal panels – Morin’s

Matrix series - MX1.0 - material: aluminum-zinc alloy-coated steel - Sheet: ASTM A792, Class AZ50 coating designation, grade 40 - 22 GA prefinished profile 40% perforated panel -

Color: Classic II Cosmic Gray. Installed per manufacturers recommendations.

If your bid is selected, you will be expected to enter into a contract using SAIF’s standard

Vendor Services Contract, a copy of which is also enclosed with this letter.

If you do elect to submit a bid, please also provide the following information with your bid:

1. If certified by Oregon’s Certification Office of Business Inclusion and Diversity

(COBID) as a Disadvantaged Business Enterprise, Minority Business Enterprise, Women Business Enterprise, Emerging Small Business, or Service Disabled Veteran business, the proposer is encouraged to call this to SAIF’s attention, and to provide the certification number; and

2. names and telephone numbers of two to four individuals whom SAIF can contact to discuss the qualifications of proposer.

If you are interested in bidding, please submit your bid to me by email at the email address listed below, or by mail to SAIF Corporation, 400 High Street SE, Salem, Oregon 97312-

1000, attention Bridget Deal. Bids must be submitted not later than 3:00 pm PST on

Friday, March 11, 2022, to be considered. Please submit any questions regarding your bid by email to me at the email address listed below.

Thank you for your time in considering this invitation to bid.

Sincerely, Bridget Deal mailto:Procurement@saif.com

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Bridget Deal, Procurement Coordinator

400 High Street SE

Salem, Oregon 97312

P: 503.373.8405 or 800.285.8525 ext. 8405

F: 503.584.8405

Procurement@saif.com mailto:Procurement@saif.com

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SAIF Contract No. ______

Vendor Services Contract

This contract is between the State Accident Insurance Fund Corporation, an Oregon independent public corporation dba SAIF Corporation (“SAIF”), and <<contractor name>> (“Contractor”).

The parties agree as follows:

1 Statement of Work Contractor shall provide the services described in the Statement of

Work attached as Exhibit A (the “Services”).

2 Consideration

2.1 As payment in full for the Services and subject to the terms of this contract, SAIF shall pay Contractor as set forth in Exhibit A. SAIF shall reimburse Contractor for travel-related and other expenses only to the extent provided in Exhibit A.

2.2 SAIF is not required to pay Contractor for any Services, unless the Services are complete, conform to the specifications in the Statement of Work and otherwise conform to the warranty and other terms of this contract.

2.3 The maximum, not-to-exceed amount payable to Contractor under this contract is $

<<Maximum Payment>>. Contractor shall not submit invoices for, and SAIF is not required to pay, any amount in excess of this amount, unless the contract is amended to permit additional compensation. If this maximum amount is increased by amendment of this contract, the amendment must be signed by both parties before Contractor performs any Services subject to the amendment.

3 Term This contract is effective when it has been signed by both parties and expires on

<<Contract End Date>>, unless otherwise extended under section 17 or terminated under section 12 or section 15.

4 Confidentiality

4.1 Contractor shall protect confidential information from unauthorized disclosure and use. “Confidential information” means any information about an injured worker or a SAIF-insured employer obtained by Contractor or its employees or agents in the performance of this contract. Contractor shall not use confidential information for purposes other than those directly related to the purposes of this contract. Contractor shall not disclose confidential information to third parties without SAIF's prior written consent. Contractor may disclose confidential information to Contractor’s employees or consultants only as permitted by this contract, and only on a “need-to-know” basis, and only after the employee or consultant has agreed to be bound by all of the terms of this contract related to the nondisclosure of information. The limited disclosure right granted in the preceding sentence does not constitute a grant of ownership or license rights in any confidential information.

4.2 Contractor acknowledges that the disclosure by Contractor of any confidential information will immediately give rise to continuing irreparable injury to SAIF and others that is inadequately compensable in damages at law. Accordingly, and without prejudice to any other remedy available to SAIF, SAIF may seek injunctive relief for Contractor’s disclosure of confidential information.

4.3 Contractor’s obligations with respect to confidentiality survive termination of the contract.

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5 Independent Contractor/Responsibility for Taxes and Withholding

5.1 Contractor shall perform all Services as an independent contractor. Contractor has no authority to incur or create any obligation for or to legally bind SAIF in any way. SAIF may (a) determine and modify the delivery schedule for the Services and (b) evaluate the quality of the completed performance; however, SAIF shall not control the means or manner of

Contractor's performance. Contractor shall determine the appropriate means and manner of performing the Services.

5.2 Nothing in this contract is intended to make Contractor an “officer,” “employee,” or

“agent” of SAIF, as those terms are used in Oregon Revised Statutes (ORS) 30.265.

5.3 Contractor shall pay all taxes applicable to payments made to Contractor under this contract and, unless Contractor is subject to backup withholding, SAIF is not required to, and will not, withhold any amounts from these payments to cover Contractor's tax obligations.

Contractor is not eligible for any social security, unemployment insurance, or workers' compensation benefits from payments made to Contractor under this contract, except as a self-employed individual.

6 Representations and Warranties Contractor represents and warrants to SAIF that:

6.1 Contractor will perform the Services in a timely and workmanlike manner using qualified personnel acting in accordance with applicable professional standards.

6.2 All Services conform to the specifications, capabilities, characteristics, functions, and performance standards in the Statement of Work, are free from error or defect that materially impairs use, and are free from defects in materials, workmanship, and design

(except to the extent that the design is dictated by SAIF).

6.3 Contractor is not in violation of, charged with, or, to the best of Contractor’s knowledge, under any investigation with respect to violation of, any law, ordinance or regulation or any other requirement or order of any governmental or regulatory body, court, or arbitrator applicable to delivery of the Services, and Contractor’s delivery of the Services will not violate any such law, ordinance, regulation, requirement, or order.

6.4 Contractor is qualified to do business in the State of Oregon and has the authority to enter into this contract. This contract constitutes a valid and binding obligation of

Contractor, enforceable in accordance with its terms.

6.5 If Contractor is currently employed by the State of Oregon or the federal government, Contractor’s performance under this contract creates no potential or actual conflict of interest as defined by ORS Chapter 244 and no rules or regulations of

Contractor’s employing agency (state or federal) prohibit Contractor’s activities under this contract.

6.6 Contractor has no interest, and will not acquire any interest, direct or indirect, that would conflict with its obligation to perform under this contract.

7 Subcontracts/Assignment/Successors in Interest

7.1 Contractor shall not assign or transfer any rights in this contract, or delegate any duties, without first obtaining SAIF's prior written consent, which consent may not unreasonably be withheld. However, upon written notice to SAIF Contractor may assign its rights in this contract and delegate its duties under it to a successor to Contractor’s business by (a) merger, (b) a sale of all or substantially all of Contractor’s assets relating to this contract, or (c) a sale of a controlling interest of Contractor’s capital stock, as long as

Contractor’s successor agrees in writing to assume Contractor’s duties under this contract.

7.2 Contractor shall not enter into any subcontracts for delivery of any of the Services without SAIF’s prior written consent. SAIF’s consent to any subcontract does not relieve

Contractor of any of its duties under this contract.

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7.3 This contract is binding upon and inures to the benefit of each of the parties, and, except as otherwise provided in the contract, their permitted legal successors and assigns.

8 Access to Records

8.1 Contractor shall maintain all financial records relating to the subject matter of this contract in accordance with generally accepted accounting principles ("GAAP"). In addition, Contractor shall maintain any other records, books, documents, papers, plans, or writings pertinent to this contract in such a manner as to document clearly Contractor's performance of its duties under this contract. Contractor shall retain and keep accessible all such financial records, books, documents, papers, plans, and writings for a minimum of six years, or such longer period as may be required under applicable law, following final payment and termination of this contract, or until the conclusion of any audit, controversy, or litigation arising out of or related to this contract, whichever date is later.

8.2 Contractor shall permit SAIF, the Oregon Secretary of State's Office, and the federal government, and their duly authorized representatives access to, and allow them to make excerpts and transcripts of, Contractor’s financial records, books, documents, papers, plans, and writings, for the purpose of auditing Contractor’s performance of its duties under this

8.3 The Oregon Secretary of State is an intended beneficiary of this section 8.

9 Indemnification

9.1 Contractor shall indemnify and hold SAIF, the State of Oregon, and their officers, employees, and agents harmless against all claims, suits, actions, losses, damages, liabilities, costs, and expenses, including attorney fees, resulting from, arising out of, or relating to the acts or omissions of Contractor or its officers, employees, subcontractors, or agents under this contract. The State of Oregon and its agencies are intended beneficiaries of this obligation to indemnify.

9.2 SAIF shall provide prompt written notice to Contractor of any claim for which indemnification is expected.

9.3 Contractor’s obligation to indemnify under this section 9 survives termination of the

10 Reserved

11 Insurance Contractor shall obtain, from an insurance company authorized to do business in the State of Oregon, and shall maintain for the duration of this contract including any extensions, and for any period of Contractor liability continuing after termination of the contract, all of the insurance set forth in the attached Exhibit B. SAIF must be named as an additional insured under all commercial general liability and automobile liability policies required under the contract.

12 Termination

12.1 This contract may be terminated by mutual consent of both parties, or by either party upon 30 days' notice to the other party, in writing and delivered by certified mail or in person.

12.2 Termination of this contract does not discharge either party from any obligations or liabilities already accrued prior to termination or any claim based on any breach of this contract occurring prior to termination, including any breach of a Contractor warranty or any default or defect in Contractor performance that has not been cured. The rights and remedies of each party under this section are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

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13 Controlling Law/Venue This contract is to be construed according to the laws of the

State of Oregon without regard to principles of conflicts of law, and applicable federal law.

Any action or suit brought by the parties relating to this contract must be brought and conducted exclusively in the Circuit Court of the State of Oregon for Marion County in

Salem, Oregon or, if a claim must be brought in a federal forum, in the United States

District Court for the District of Oregon. Contractor hereby consents to the personal jurisdiction of these courts, waives any objection to venue in these courts, and waives any claim that either forum is an inconvenient forum. Neither this section nor any other term of this contract may be construed as a waiver by SAIF or the State of Oregon of any form of defense or immunity, including sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States, or otherwise, from any claim or from the jurisdiction of any court.

14 Force Majeure Neither party is responsible for delay or default caused by fire, riot, acts of God, war, terrorism, or other similar events beyond a party's reasonable control.

15 Severability If any term of this contract is determined, to any extent, to be invalid or unenforceable, the parties intend that the remainder of this contract not be affected, and each remaining term of this contract be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable term is to be replaced by a mutually acceptable term which, being valid and enforceable, comes closest to the intention of the parties underlying the invalid or unenforceable term. If deletion or replacement of the invalid or unenforceable term materially changes this contract or causes completion of either party’s obligations to be unreasonable, either party may terminate this contract without further obligation or liability upon written notice to the other party.

16 Waiver The failure of either party to enforce any term of this contract does not constitute a waiver by that party of that or any other term.

17 Amendment This contract may not be supplemented, extended, or amended, in any manner whatsoever, except by written instrument signed by the parties.

18 No Third-Party Beneficiaries SAIF and Contractor are the only parties to this contract and the only persons who may enforce this contract. Nothing in this contract gives or is intended to give, any benefit or right to third persons unless these persons are individually identified by name and expressly described as intended beneficiaries of this contract. Except as otherwise stated in this contract, the State of Oregon and its agencies are not intended beneficiaries of this contract.

19 Notices Except as otherwise expressly provided in this contract, any communications between the parties, or notices to be given under this contract, must be given in writing by personal delivery, express courier, facsimile, or United States Postal Service, postage prepaid, to Contractor or SAIF at the address or number set forth below in this section, or to such other addresses or numbers as either party may later indicate pursuant to this section.

Any communication or notice so addressed and mailed is deemed to be given five days after mailing. Any communication or notice delivered by facsimile is deemed to be given on the day the transmitting machine generates a receipt of a successful transmission of the notice, if transmission was during normal business hours, or on the next business day, if transmission was outside normal business hours. To be effective, any notice transmitted by facsimile must be confirmed by telephone notice to the receiving party’s authorized representative. Any communication or notice given by personal delivery is deemed to be

Page 7 of 11 Version 4-18 given immediately upon delivery, provided delivery is made to the authorized representative indicated below.

If to SAIF: If to Contractor:

SAIF Corporation

Attention: Attention:

400 High Street SE

Salem, OR 97312 , Phone: 503. Phone:

Fax: 503. Fax:

Email: ______@saif.com Email:

20 Certification of Tax Compliance By signing this contract for Contractor, the undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of Contractor and that, to the best of the undersigned's knowledge, Contractor is not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon Tax

Laws" means a state tax imposed by ORS 320.005 to 320.150 and 403.200 to 403.250 and

ORS chapters 118, 314, 316, 317, 318, 321, and 323, and the elderly rental assistance program under ORS 310.630 to 310.706, and local taxes administered by the Department of Revenue under ORS 305.620.

21 Entire Agreement This contract constitutes the entire agreement between the parties with regard to its subject matter. There are no understandings, agreements, or representations, oral or written, by or between the parties relating to the subject matter of this contract that are not specified in this contract. Each party, by the signature below of its authorized representative, hereby acknowledges that it has read this contract, understands it, and agrees to be bound by its terms.

(The remainder of this page is blank.

Signature page follows.)

22 Reserved

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23 Contractor Data

FEDERAL TAX I.D. NUMBER ___________________________

STATE TAX I.D. NUMBER ___________________________

Each party is signing this contract on the date stated opposite each party’s signature, and this contract is effective as of the last date signed below.

Contractor:

(contractor name), a ____________________________

By: ___________________

Date

(name)

Title:

SAIF:

State Accident Insurance Fund Corporation, an Oregon independent public corporation dba SAIF Corporation

By: ___________________

Date

(name)

Title:

SAIF Contract Review ________ saif.com

EXHIBIT A

STATEMENT OF WORK

CONTRACT FOR SERVICES

Part I. The Services.

(Insert: work to be done; schedule of work; criteria for acceptance by SAIF.)

Part II. Special Considerations.

(Insert: special terms applicable to this contract.)

Part III. Payment Terms.

(Insert: payment schedule, payments for particular deliverables, hourly rates, applicable acceptance criteria, retention of payments, not to exceed amount, and any other payment terms.)

Contractor shall submit invoices for Services performed and allowable expenses incurred. Each invoice must describe with particularity all Services and expenses for which payment is requested, and must include the dates the Services were performed or expenses were incurred. Contractor shall provide itemized receipts documenting any travel-related expense allowed under Exhibit A for which Contractor is requesting reimbursement. Contractor shall mail invoices to SAIF at the address given in section

19, or to such other address as SAIF provides by written notice to Contractor.

Part IV. Travel and Other Expenses.

SAIF will not reimburse Contractor for any expenses under this contract.

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EXHIBIT B

INSURANCE

During the term of this contract, Contractor shall maintain in force, at its own expense, each insurance described below:

1. Required by SAIF (if Contractor is a subject employer under ORS 656.023)

Workers’ Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers’ compensation coverage for all their subject workers.

2. Required by SAIF

Not required by SAIF

Professional Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 each claim, incident or occurrence, and insuring against damages caused by error, omission or negligent acts related to the Services.

3. Required by SAIF

Commercial General Liability insurance covering bodily injury and property damage in a form and with coverages that are satisfactory to SAIF. This insurance must include personal and advertising injury liability, products and completed operations. Coverage may be written in combination with automobile liability insurance (with separate limits). Coverage must be written on an occurrence basis.

Combined single limit per occurrence must be not less than $2,000,000 for each job site or location. Each annual aggregate limit must be not less than $4,000,000.

4. Required by SAIF

Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 each accident for bodily injury and property damage, including coverage for owned, hired or non-owned vehicles, as applicable.

5. Notice of cancellation or change. There must be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without

30 days prior written notice from Contractor or its insurers to:

SAIF Corporation

Attn: Procurement

400 High Street SE

Salem, OR 97312

Email: procurement@saif.com

6. Certificates of insurance. As evidence of the insurance coverages required by this contract, Contractor shall furnish acceptable insurance certificates to

SAIF Corporation

Attn: Procurement

400 High Street SE

Salem, OR 97312

Email: procurement@saif.com prior to commencing performance of the Services. The certificate must specify all of the parties who are additional insureds. Insuring companies or entities are subject to SAIF’s reasonable acceptance. If requested, Contractor shall provide complete

Page 11 of 11 Version 4-18 copies of insurance policies, trust agreements, etc. to SAIF. Contractor is financially responsible for all deductibles, self-insured retentions and self-insurance.