2026-014 Bertha_s Place Exterior Renovation.pdf

Invitation to Bid (ITB)

2026-014 – Bertha’s Place Exterior Renovation 9201 NE Vancouver Mall Drive Vancouver, WA 98662

ANNOUNCEMENT

The Housing Authority of the City of Vancouver (VHA) is announcing / issuing this Request for Proposals with the intention of awarding a contract for Exterior Building Envelope Replacement Services, in accordance with RCW 39.26. A Contract may be awarded to the lowest responsive, responsible bidder.

This project is financed through the Community Development Block Grant Program with funds obtained from the U.S. Department of Housing and Urban Development. The contract will be subject to regulations of the Departments of Labor and Housing and Urban Development.

This project will be tax exempt and subject to Washington State prevailing and Davis Bacon wage rates. Wages will be required to meet or exceed the highest rate between the State requirement and Federal requirement for the work performed. This project will also have Section 3 Performance based requirements of at least 25% of labor hours as well as 5% dedicated to Targeted Section 3 Workers.

The Project is commonly referred to as “Bertha’s Place” and will be occupied during renovation.

The project will require careful planning and safeguards to ensure tenant safety during construction.

This scope to be completed (have final billing submitted) on November 30, 2026.

TABLE OF CONTENTS

• Section 1 Relevant dates and points of contact.

• Section 2 Scope of work.

• Section 3 Bidder Requirements

• Section 4 identifies how VHA will evaluate the bids.

• Section 4 identifies how to prepare and submit a proposal.

• Section 5 details applicable requirements.

• Section 6 provides information pertaining to doing business with the VHA.

SECTION 1 – Relevant Dates, Points of Contact

SOLICITATION DATES:

ITB Issuance: July 14, 2026

Site Visit:

(MANDATORY)

July 21, 2026; 10 – 11 AM Address:

9201 NE Vancouver Mall Drive Vancouver, WA 98662

Questions/Clarifications: July 24, 2026, at 5:00 PM (PT)

Bids Due: August 4, 2026, at 2:00 PM (PT)

Work Complete (Final Billing) Due: November 30, 2026, at 5:00 PM

(PT)

Bid Questions:

procurement@vhausa.com

SECTION 2 – Scope of Work

This solicitation is for competitive bids to evaluate and, as appropriate, award a Contract for VHA to procure exterior building envelope replacement services as set forth herein.

This solicitation is for the siding, trim, windows, downspout, soffit replacement. Vendors should review and familiarize themselves with all the documents provided in the solicitation, work for this solicitation is to include (but not limited to) the following:

• Remove and replacement of existing EFIS siding. Install rainscreen, exterior continuous insulation, siding, trim, windows, soffits, and downspouts as indicated in the plan set and project specifications provided.

• Remove and replace existing sidewall ventilation caps, replace with new and reconnect all ventilation ducting.

• Exterior security cameras, lighting to be removed and re-installed to be concealed (not surface mount).

• Remove and replacement of existing downspouts.

• Remove and replacement of any rotten sheathing (please provide as per unit cost)

• Remove and replacement of existing windows.

• Remove and replace existing PTAC sleeves and grilles. Uninstalling and reinstalling PTAC units is required. Provide a per unit price to replace PTAC with BABA approved and AHRI CEE certified PTHP. System required to use r-32 refrigerant. Submittal to be approved by owner prior to installation. Refer to “Exterior Envelope Renovation Drawing Set page A650.”

• Vendor to ensure a safe working environment in consideration of an occupied building including but not limited to the following:

- Fencing work area around the building to protect from failing debris during demo and installation.

mailto:procurement@vhausa.com

- This is an occupied rehab. Careful planning is required to ensure the disturbance to residents is only as necessary and is as brief as possible. Replacement of the PTAC sleeve and window will require plastic wall barrier during work. Same day completion with new window, sleeve, and PTAC reinstalled for each apartment unit started is required.

- Strictly following all safety procedures for workers & occupants as required and recommended by OSHA.

• Staging area to be provided with five parking stalls. All vendor and subcontractor parking to be limited to two spaces. Additional parking will be street parking on 94th Avenue.

SECTION 3 – Bidder Requirements

Vendors to confirm / comply with the following:

• (25) CFR Part 100a: Sam.gov registered vendor. *Registration not required upon award, but necessary upon completion of work.

• Report any previous Sam.gov registration

• Confirmation that there is no contractual or other impediment that would prevent vendor from complying with the regulations set forth in (25) CFR Part 100a (non-debarment)

• Bidder responsiveness, performance requirements, price factors, and responsibility, will be evaluated based on the process described herein.

Subcontractor eligibility and approval to be determined by the VHA. Vendors must be able to provide timely subcontractor alternates upon request

PUBLIC WORK

This project is subject to prevailing wage law and requirements. Residential rates do not apply.

A five percent (5%) retainage applies unless stated otherwise.

Performance and payment bonds of one hundred percent (100%) are required. However, a contractor may request to apply 10% retainage to the contract in lieu of obtaining a performance and payment bond for contracts not exceeding $150,000.

A Notice of Completion must be filed with L&I for contracts exceeding $35,000. Retainage will not be released until all three agencies have provided approved retainage release letters (DOR, ESD, L&I).

FEDERAL WAGE REQUIREMENTS

This project is subject to payment of applicable federal wage rates and requirements and the following list items and documents applies:

• Byrd Anti-Lobbying Certificate (If over $100,000, must be submitted with bid or within 3 working days of bid opening)

Davis-Bacon Wage Requirements (Construction)

• HUD-5370EZ (Contracts for $2,000-$250,000);

• Attached Davis Bacon Wage Decision Reporting of weekly payroll to be submitted on form WH-347 or other approved form; and

• HUD-5282 Certificate Appointing Officer (If a person other than the owner is certifying payroll) CDBG Requirements

• HUD-4010 Federal Labor Standards Provisions Construction and/or Equipment Contracts

• Certification of Non-Segregated Facilities (If over $10,000, must be submitted with bid or within 3 working days of bid opening).

• Non-Collusive Affidavit (If over $50,000, must be submitted with bid or within 3 working days of bid opening).

• HUD-2530 ‘Previous Participation Certificate” (If over $50,000, must be submitted with bid or within 3 working days of bid opening).

Build America, Buy America (BABA) Act applicability The Contractor must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.

Products applicable to this project are:

• Iron or Steel Products

• Construction Materials

• Manufactured Products

SECTION 3 REQUIREMENTS

This project is subject to Section 3 requirements.

Bidder(s) must submit the following with their bid:

• Section 3 Acknowledgement and Intent to Comply

• Section 3 Business Self Certification

The following documents must be utilized upon Contract execution:

• Section 3 Poster (to be posted on-site)

• Resident Self-Certification (to be provided once by each laborer)

• Labor Hours Summary Report (to be submitted no less than quarterly)

APPRENTICESHIP TRAINING PROGRAM:

The project is subject to apprentice training and program requirements. The Contractor must make best efforts to hire apprentices enrolled in an approved apprenticeship program and procure sub-contractors who will also hire apprentices enrolled in an approved apprenticeship program and will be required to submit documentation showing fulfillment of requirement or supporting documentation as to why not.

All specifications shall target no less than fifteen percent of the labor hours to be performed by apprentices enrolled through the Washington State Apprenticeship and Training Council (WSATC).

"State-approved apprenticeship training program" means an apprenticeship-training program approved by the Washington state apprenticeship council.

The Contractor is required to complete and submit the “Apprentice Utilization Plans” form that includes projected apprentice use by all contractors on a project before Notice to Proceed is issued. More information on the Apprenticeship Program is available at the Washington State Department of Labor and Industries website, at Labor & Industries (L&I), Washington State.

TAXES

This project is retail sales tax exempt. Applicable taxes must be included in the total bid amount.

The vendor must pay tax upon purchase of goods as the end consumer and bear the tax responsibility and liability and not bill retail sales tax on the gross invoice amount or any part thereof. Applicable taxes must be included in the total bid amount.

CONTRACTING AND WORKFORCE GOALS AND REQUIREMENTS

VHA has a desire to maximize the Project’s contributions to larger economic development goals in Southwest Washington. The funding sources for this project require considerations be made for use of local contractors, subcontractors, and workforce on the Project.

Priority will be given to any vendors / contractors participating in one or a combination of the following programs:

• SECTION 3: HUD Section 3 businesses, and small businesses to submit or to participate in a subcontracting capacity on VHA contracts. For the purposes of evaluating this ITB, the General Contractor does not need to be a Section 3 business, however the selected firm may be required to participate in Section 3 program implementation during construction.

Section 3 targets for this project:

At least 25% of labor hours performed by Section 3 Workers At least 5% of labor hours performed by Targeted Section 3 Workers

• M/WBE, VETERAN-OWNED, AND SMALL BUSINESS: VHA strongly encourages minority-owned and women-owned businesses, veteran owned, socially and economically disadvantaged businesses, HUD Section 3 businesses, and small businesses to submit or to participate in a subcontracting capacity on VHA contracts. Provide documentation of M/WBE, Veteran Owned or Small Business designation, or other similar certifications(s) (if applicable).

• SMALL & DIVERSE BUSINESSES: The awarding agency, in accordance with Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded bidders. See, e.g., RCW

39.19 (OMWBE certified businesses); RCW 43.60A.200 (WDVA certified veteran-owned businesses); and RCW 39.26.005(Washington small businesses).

https://lni.wa.gov/licensing-permits/apprenticeship/apprentice-utilization-requirement#contractors

• WDVA CERTIFICATION: Bidders may contact the Washington State Department of

Veterans’ Affairs (WDVA) for information regarding Certified Veteran-Owned businesses or to become a Certified Veteran-Owned Business. The WDVA can be reached by telephone, (360) 725-2169, or through their website at WDVA. The qualification requirements to be a Certified Veteran-Owned Business are set forth in Attachment A – Bidder’s Profile and Certification.

• WASHINGTON SMALL BUSINESSES: Bidders may contact the VHA about small and diverse business inclusion and qualification as a Washington Small Business. If you qualify as a Washington Small Business, identify yourself as such in Public Purchase. The qualification requirements to self-certify as a Washington Small Business are set forth in Attachment A – Bidder’s Profile and Certification.

SECTION 4 – BID EVALUATION

Procurement reserves the right to: (1) Request clarification regarding any bid; (2) Waive any informality; (3) Reject any or all bids, or portions thereof; (4) Accept any portion of the bid unless the bidder stipulates all or nothing in their bid; (5) Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or (6) Negotiate with the lowest responsive and responsible bidder(s) to determine if such bid can be improved.

BID RESPONSIVENESS: Bids will be reviewed – on a pass/fail basis – to determine whether the bid is ‘responsive’ to this competitive solicitation. This means that Procurement will review each bid to determine whether the bid is complete – i.e., does the bid include each of the required bid submittals, are the submittals complete, signed, legible. Procurement reserves the right to determine whether a bid is responsive – i.e., to determine a bidder’s compliance with the requirements specified in this competitive solicitation and to waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the competitive solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or the quality, capability, or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to bidders.

A bid tabulation will be published detailing the bids received; however, the VHA will perform further analysis and may ask for additional documentation. Bidders must not construe the bid tabulation as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of such notification, it does so at its own risk and expense.

BIDDER RESPONSIBILITY ANALYSIS: For responsive bids, Procurement must determine whether the bidder is a ‘responsible bidder.’ Accordingly, Procurement will make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, Procurement will consider the following statutory elements:

• Bidder’s ability, capacity, and skill to perform the contract or provide the service required;

• Bidder’s character, integrity, reputation, judgment, experience, and efficiency;

• Bidder’s ability to perform the contract within the time specified;

• Bidder’s performance quality pertaining to previous contracts or services;

• Bidder’s compliance with laws relating to the contract or services;

• Whether, within the three-year period immediately preceding the date of the competitive solicitation, bidder has been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and

• Such other information as may be secured having a bearing on the decision to award the Contract.

See RCW 39.26.160(2)(a)-(g). In addition, Procurement may consider the following:

• Financial Information: Procurement may request financial statements, credit ratings, references, record of past performance, clarification of bidder’s bid, on-site inspection of bidder's or subcontractor's facilities, or other information as necessary to determine bidder’s capacity to perform and the enforceability of bidder’s contractual commitments. Failure to respond to these requests may result in a bid being rejected as non-responsive.

• References: Procurement reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible.

BID PRICING EVALUATION: Procurement will evaluate bid pricing by reviewing and comparing the submitted bid prices provided in Attachment B – Bid Form.

CONTRACT NEGOTIATIONS: The VHA may negotiate with the lowest-priced, responsive, responsible bidder to finalize the Contract and to determine if the bid may be improved. If, after a reasonable period of time, the VHA, in its sole judgement, cannot reach agreement on acceptable Contract terms with such bidder, the VHA may suspend negotiations and undertake negotiations with the next highest scored responsive, responsible bidder as determined by the evaluations.

INTENT TO AWARD ANNOUNCEMENT: The VHA will determine the responsive and responsible bidder who best meets the competitive solicitation requirements and presents the best total value, including price, as calculated consistent with the instructions set forth in Attachment B – Bid Form, and other factors as set forth in this competitive solicitation including any applicable state procurement priority or preference.

CONTRACT AWARD

Subject to protests, if any, the VHA and the lowest-priced, responsive and responsible bidder will enter into a Contract as set forth in Attachment C – Sample Contract. An award is made and a contract formed by signature of the awarding agency and the awarded bidder on the Contract. Following the Contract award, all bidders registered in Public Purchase will receive a notification delivered to the bidder’s email address provided in the bidder’s profile in Public Purchase. A Notice of Award will be posted to Public Purchase for review.

BID INFORMATION AVAILABILITY

Upon Intent to Award announcement, all bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2). Upon Intent to Award announcement, all bid evaluations will be posted to Public Purchase.

SECTION 5 - HOW TO PREPARE AND SUBMIT A BID FOR THIS COMPETITIVE SOLICITATION

SITE VISIT

Site visit will be allowed for July 21, 2026, 10 AM – 11 AM to review the location. This is a mandatory site visit and is a pre-requisite to awarding the project. VHA staff will be present at this site visit, and all resulting questions will be answered and included the Public Purchase platform. All additional questions can be submitted to Procurement through public purchase.

BIDDER COMMUNICATIONS

During the competitive solicitation process, all bidder communications regarding this competitive solicitation must be directed to Procurement. Bidders should rely only on this competitive solicitation and written amendments to this competitive solicitation issued by Procurement. In no event will oral communications regarding this competitive solicitation be binding.

• Bidders are encouraged to make any inquiry regarding the competitive solicitation as early in the process as possible to allow Procurement to consider and, if warranted, respond to the inquiry. If a bidder does not notify Procurement of an issue, exception, addition, or omission, such issue, exception, addition, or omission may be considered to be waived by the bidder for protest purposes.

• If bidder inquiries result in changes to the competitive solicitation, written amendments will be issued and posted on Public Purchase.

• Unauthorized bidder contact regarding this competitive solicitation with other VHA employees may result in bidder disqualification.

PRICING

Bid prices must include all cost components needed for the goods and/or services as described in this competitive solicitation. See Attachment B – Bid Form. A bidder’s failure to identify all costs in a manner consistent with the instructions in this competitive solicitation is sufficient grounds for disqualification.

• Inclusive Pricing: Bidders must identify and include all cost elements in their pricing. In the event that bidder is awarded a Contract, the total price for the goods and/or services shall be bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

• Credit Cards (P-Cards): In the event that bidder is awarded a Contract, the total price for the goods and/or services shall be the same regardless of whether Purchasers make payment by cash, credit card, or electronic payment. Bidder shall bear, in full, any processing or surcharge fees associated with the use of credit cards or electronic payment.

REQUIRED BID SUBMITTALS

This section identifies the bid submittals that must be provided to Procurement to constitute a responsive bid. The submittals must be delivered as set forth below. Bids that do not include the submittals identified below may be rejected as nonresponsive. In addition, a bidder’s failure to complete any submittal as instructed may result in the bid being rejected. Bidders may not provide unsolicited materials. For any supplemental materials expressly required by Procurement in writing, bidders must identify such supplemental materials with the bidder’s name.

• ATTACHMENT A – BIDDER’S PROFILE AND CERTIFICATION

This document requires bidder information for the awarding agency’s contract administration purposes. Complete the certification, along with any exceptions or required explanations, and submit it with the bid to Procurement.

• ATTACHMENT B – BID FORM

This document requires confirmation of the bidder’s goods and/or services and/or bidder’s performance meets or exceeds the detailed specifications/qualifications.

Complete the information required and submit it with the bid to Procurement.

BID FORMAT

Bids must be complete, legible, signed, and follow all instructions stated in the competitive solicitation. Unless otherwise specified in writing, documents included with an electronic bid must be prepared in MS Word, MS Excel, or Adobe PDF. Where required to do so, bidders may sign using either a physical or electronic signature.

SUBMITTING BIDS

Bids must be submitted electronically via Public Purchase. Mailed or emailed bids will not be accepted. Please visit www.vhausa.org/procurement for submittal instructions.

http://www.vhausa.org/procurement

SECTION 6 - COMPLAINT REQUIREMENTS

COMPLAINTS

Bidders wishing to voice objections to this Invitation to Bid must submit their complaint in accordance with criteria set forth below. Failure by the bidder to raise a complaint at this stage may waive its right for later consideration. Procurement will consider all complaints but is not required to modify or cancel the solicitation. If bidder complaints result in substantive changes, written amendments will be issued.

A complaint may be based only on one or more of the following grounds: (a) The competitive solicitation unnecessarily restricts competition; (b) The competitive solicitation evaluation or scoring process is unfair or flawed; or (c) The competitive solicitation requirements are inadequate or insufficient to prepare a response.

A complaint must: (a) Be submitted to and received by Procurement no less than five (5) business days prior to the deadline for bid submittal; and (b) Be in writing. A complaint should clearly articulate the basis of the complaint and include a proposed remedy. When a complaint is received, Procurement will consider all the facts available and respond in writing prior to the deadline for bid submittals, unless more time is needed. Procurement is required to promptly post the response to a complaint on Public Purchase.

Procurement’s response to the complaint is final and not subject to administrative appeal.

Issues raised in a complaint may not be raised again during the protest period. Furthermore, any issue, exception, addition, or omission not brought to the attention of Procurement prior to bid submittal may be deemed waived for protest purposes.

COMMUNICATION DURING COMPLAINTS

All communications about this competitive solicitation, including complaints, must be addressed to Procurement unless otherwise directed.

All complaints must:

1. Be in writing;

2. Be signed by the complaining, requesting, or protesting bidder or an authorized agent;

3. Be delivered within the time frame(s) outlined herein;

4. Identify the Competitive solicitation number;

5. Conspicuously state “Complaint,” in any subject line of any correspondence or email;

and

6. Be sent to the address identified below.

All complaints must (a) State all facts and arguments on which the complaining bidder is relying as the basis for its action; and (b) Include any relevant documentation or other supporting evidence.

TO SUBMIT A COMPLAINT, please send an email message to Procurement at the following email address: procurement@vhausa.com. The email message must include “Complaint” in the subject line of the email message. Alternatively, mail the complaint to Procurement at the following address: Vancouver Housing Authority, 2500 Main Street, Vancouver, WA 98660.

SECTION 7 - DOING BUSINESS WITH THE VHA

QUESTIONS / MODIFICATIONS

Questions or concerns regarding this competitive solicitation must be directed to Procurement and submitted electronically.

E-PROCUREMENT

The VHA has partnered with Public Purchase for the posting of business opportunities. Vendors must register with Public Purchase to receive email notifications, view, and download solicitation documents, and submit responses. Please visit www.vhausa.com/procurement for details. Solicitation documentation obtained from any other source is considered unofficial.

WASHINGTON’S PUBLIC RECORDS ACT

All documents (written and electronic) submitted as part of this procurement are public records. Unless statutorily exempt from disclosure, such records are subject to disclosure if requested. See RCW 42.56, Public Records Act. Bidders are strongly discouraged from unnecessarily submitting sensitive information (e.g., information that bidder might categorize as ‘confidential,’ ‘proprietary,’ ‘sensitive,’ ‘trade secret,’ etc.).

• If, in bidder’s judgment, Washington’s Public Records Act provides an applicable statutory exemption from disclosure for certain portions of bidder’s bid, please mark the precise portion(s) of the relevant page(s) of the bid that bidder believes are statutorily exempt from disclosure and identify the precise statutory basis for exemption from disclosure.

• In addition, if, in bidder’s judgment, certain portions of bidder’s bid are not statutorily exempt from disclosure but are sensitive because these particular portions of bidder’s bid (NOT including pricing) include highly confidential, proprietary, or trade secret information (or the equivalent) that bidder protects through the regular use of confidentiality or similar agreements and routine enforcements through court enforcement actions, please mark the precise portion(s) of the relevant page(s) of bidder’s bid that include such sensitive information.

In the event that the awarding agency receives a public records disclosure request pertaining to information that bidder has submitted and marked either as (a) statutorily exempt from disclosure; or (b) sensitive, the awarding agency, prior to disclosure, will do the following:

• The awarding agency’s Public Records Officer will review any records marked by bidder as statutorily exempt from disclosure. In those situations, where the designation comports with the stated statutory exemption from disclosure, the awarding agency will redact or withhold the document(s) as appropriate.

mailto:procurement@vhausa.com http://www.vhausa.com/procurement

INCLUDED EXHIBITS/ATTACHMENTS

EXHIBIT 1 – Standard Insurance Requirements

EXHIBIT 2 – Standard Terms and Conditions

ATTACHMENT A – Bidder’s Profile and Certification

ATTACHMENT B – Bid Form

ATTACHMENT C – Sample Contract

ATTACHMENT D – Exterior Envelope Renovation Drawing Set

ATTACHMENT E – Exterior Envelope Renovation Specifications

ATTACHMENT F – Exhibit 4-2 – Clark County Community Development Block Grant Program Federal Contract Requirements U.S. Department of Housing and Urban Development

ATTACHMENT G – Statement of Apprenticeship/Journeyman Participation

ATTACHMENT H – Davis Bacon Wage Decision

ATTACHMENT I – L&I Journey Level Wages

Exhibit 1 - Standard Insurance Requirements for Construction (Include Renovations and Repairs)

1. Insurance Requirements

a. Contractor’s Insurance. Without limiting Contractor’s indemnification of Owner, Contractor shall maintain at its own expense during the entire term of this Agreement policies of insurance of the types and amounts described below.

b. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance providing coverage for bodily injury, property damage, and personal and advertising injury with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1MM per occurrence, and $2MM general aggregate and shall include coverage for completed operations for up to the statutory period. This policy shall include blanket contractual liability. Limits may be achieved through a combination of primary and excess/umbrella policies.

c. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1MM combined single limit for each accident.

d. Workers' Compensation Insurance. Contractor shall maintain Workers Compensation Insurance as required by applicable state statute and Employer’s Liability Insurance, with limits of at least one million dollars ($1,000,000) per accident, employee, and disease.

e. [REMOVE IF NOT APPLICABLE] Professional Liability (Errors & Omissions) Insurance. Contractor shall maintain professional liability insurance that covers architectural and design services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

f. Contractor’s Pollution Liability Insurance. Contractor shall maintain Contractor’s Pollution Liability Insurance providing coverage for bodily injury, property damage, personal injury and environmental site restoration including fines and penalties in accordance with applicable EPA or state regulations in the minimum amount of one million dollars ($1,000,000) per occurrence and annual aggregate. Coverage shall extend to losses from the release or escape of pollutants including discharge of pollutants brought to the site, release of pre-existing pollutants at the site whether sudden or gradual over time and mold resulting from Contractor’s work. Coverage must also extend to first-party clean-up costs, business interruption, loss of rents, and extra expense and include coverage for completed operations up to ten (10) years following project acceptance by Owner.

g. [REMOVE IF NOT APPLICABLE] Aircraft Liability Insurance. Contractor shall maintain aircraft liability insurance, including use of unmanned aircraft (aka drones), in the minimum amount of one million dollars ($1,000,000) per occurrence and annual aggregate.

h. [REMOVE IF NOT APPLICABLE] Installation Floater. Contractor shall maintain an Installation Floater providing coverage for the value of equipment to be installed and shall include Owner as an insured and loss payee.

Coverage for testing, water damage, mechanical breakdown, and electrical injury shall be included.

i. [REMOVE IF NOT APPLICABLE] Builder’s Risk. Contractor shall maintain a policy of builder’s risk insurance written on an all risks of direct physical loss basis and covering the 100% full replacement cost of the value of Improvements, which shall include hard and soft costs, equipment, supplies, and materials existing onsite, in transit, or stored at off-site location. [NOTE: may or may not exclude requirement for flood, earthquake, and terrorism coverage]. Policy shall be written on a completed value basis. Policy shall have a deductible approved by Owner and payment of such deductible shall be the responsibility of Contractor. In the event of insurance claims for property damage during construction, the Owner shall be included as Loss Payee to the extent of its interest.

2. Other Provisions of Contractor’s Insurance.

a. Additional Insured Status. Except for professional liability and workers compensation insurance, insurance policies required herein shall provide or be endorsed to provide that Owner and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

b. Waiver of Subrogation. All insurance coverage maintained by Contractor shall be endorsed to waive subrogation against the Owner, including its officers, agents, officials, employees, and volunteers or shall specifically allow the Contractor to waive its rights of subrogation prior to a loss. Contractor hereby waives its rights of recovery against the Owner.

c. Primary Insurance. Contractor’s insurance shall be primary and non-contributory with any insurance maintained by Owner and shall include cross liability or severability of interest.

d. Proof of Insurance. Contractor shall deliver to Owner certificates of insurance on an Acord or equivalent form signed by an authorized representative of the insurers prior to the execution of this Agreement, prior to commencing any work or service, and at least ten (10) days prior to the renewal or replacement of any of the required insurance, or upon reasonable request by Owner. Certificates of insurance must include all required endorsements, including but not limited to additional insured, primary and non-contributory, notice of cancellation, and waiver of subrogation, as applicable. Owner reserves the right to request copies of required insurance policies, as needed.

e. Deductibles and/or Self-insured Retentions. Any self-insured retentions must be declared to and approved by Owner. Payment of deductibles and self-insured retentions maintained by Contractor is the sole responsibility of the Contractor. Deductibles shall not exceed ten thousand dollars ($10,000) each, unless approved by Owner. To the extent Contractor elects to self-insure, subject to Owner’s approval, such self-insurance shall in no way limit liabilities assumed by Contractor in this Agreement, including but not limited to Owner’s status as an additional insured or Contractor waiving rights of recovery or subrogation.

f. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State in which the Property is located, with an assigned policyholders’ AM Best Rating of A- (or higher) and Financial Size Category Class VII (or larger), unless otherwise approved by the Owner’s Risk Contractor.

g. Notice of Cancellation. Contractor’s insurance shall be endorsed to provide Owner with written notice thirty

(30) days prior to cancellation of any required coverage except for non-payment which may be with ten (10) days written notice of cancellation.

h. Contractor’s Property. Contractor is solely responsible for the repair or replacement of Contractor’s personal property and equipment, whether owned or non-owned, used during Contractor’s work. Owner shall have no responsibility to insure or cover the cost to repair or replace Contractor’s personal property or equipment, regardless of cause of loss.

i. Subcontracted Work. Should Contractor subcontract any of the work under this Agreement, Contractor shall require its subcontractors to carry insurance in types and with limits appropriate for the risk and such policies shall include Owner as an additional insured.

j. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Owner to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Owner nor does it waive any rights hereunder.

k. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

l. Owner’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Owner has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Owner will be promptly reimbursed by Contractor or Owner will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Owner may cancel this Agreement.

m. Owner’s Right to Revise Specifications. The Owner reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional costs to the Contractor, the Owner and Contractor may renegotiate Contractor’s compensation.

n. Additional Insurance. Contractor may maintain, at its own cost and expense, any additional kind of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

1. APPLICABILITY

Exhibit 2 – Standard Terms and Conditions

1.1. If referred to within the text of such, these Standard Terms and Conditions shall be applicable to such solicitation and resulting contract.

1.2. Unless otherwise specified within the solicitation or contract documents, in the event that any provision in any document conflicts with any provision within these Standard Terms and Conditions, the provision in the solicitation or contract document shall govern.

2. DEFINITIONS

2.1. “Owner” OR “Owner’s Agent”. Unless otherwise defined herein and within the ensuing contract, whenever the term “Owner” OR “Owner’s Agent” is used without clearly designating a responsible staff person, the bidder(s) or Contractor shall assume that responsibility for that item rests with the Contracting Officer, Contracting Officer’s Agent, or Owner’s Contracted Agent.

2.2. “ED” is the Executive Director of the Owner; “CEO” is the Chief Executive Officer of the Owner.

2.3. “Contracting Officer” or “CO” shall refer to either the ED, CEO, or the person or Agent that person has delegated such responsibilities to.

2.4. “Contract” refers to the fully executed written agreement that ensues from the solicitation whereas all solicitation documents are included, by reference, as a part of the ensuing contract.

2.5. “Days” unless otherwise directed, shall refer to calendar days.

2.6. “Herein” shall refer to all documents issued pursuant to the noted solicitation, including the solicitation documents, attachments, exhibits, and contract.

2.7. “Offer”, “Bid”, “Proposal”, “Response” and/or “Bid Submittal” is the document that the bidder is required to, as detailed in the solicitation document, deliver to the Owner.

2.8. “Offeror”, “Bidder”, “Prospective Bidder”, “Prospective Offeror” and/or “Respondent”, all terms which may be used interchangeably, is the prospective bidder or prospective offeror, firm or individual who has been notified of a solicitation and/or who has requested and/or received solicitation documents and is considering responding with a bid or offer. An offeror, bidder, or respondent is a firm or individual who has submitted a bid or offer in response to a solicitation.

3. INSTRUCTIONS TO BIDDERS / OFFERORS

3.1. RIGHTS RESERVED - Owner reserves the right to waive as an informality any irregularities in submittals and/or to reject any or all Bids. Owner requests that firms refrain from requesting public disclosure of information until a contract has been executed as a measure to best protect the solicitation process, particularly in the event of a cancellation or re-solicitation.

3.2. COST OF PREPARING BID/OFFER - Owner will not be liable for any costs incurred by Respondent in the preparation and presentation of Bid/Offer.

3.3. BID ACCEPTANCE - A Bidder must be determined responsive and responsible for their Bid to be accepted.

A responsive Bidder meets all the requirements of the bidding documents. A responsible Bidder is one that is capable and qualified to perform the work.

3.4. BID BOND – A bid bond is required for any bids over $250,000 and may be required for bids of a lesser amount based on funding requirements. Unless otherwise stated within the solicitation, Bidder shall submit with their bid a bid guarantee equivalent to 5% of the bid price if their bid exceeds $250,000.

3.5. REQUIREMENTS – A Bidder must be both responsive and responsible for their Bid to be accepted. A responsive Bidder submits their Bid before the due date and time noted in the solicitation, accurately and completely provides all information and documentation required. A responsible bidder meets the requirements of the solicitation.

3.5.1. DEBARMENT - The Contractor and its principals must not be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal, State or local government department. Owner will check for debarment prior to awarding a contract. A firm’s Bid may only be accepted if Respondent is not listed as being debarred. If your firm is awarded a contract that exceeds

$25,000 it must also provide a Debarment Certification. In such case, this form will be provided to the Bidder. In some solicitations this certification is included in the bid form.

3.5.2. EXPERIENCE - Bidder must have had four years minimum experience providing the products and services as described in the Scope of Work and been in business for at least four years.

3.5.3. ACCEPTABLE RECORD - Bidder must have an acceptable record of past performance, which includes but is not limited to, quality of work, ability to complete projects on time, and compliance with contractual obligations.

3.5.4. WASHINGTON STATE BUSINESS – Bidder must be registered to conduct business in the State of Washington, have a current Washington State business license, and have an active L&I account in good standing, if applicable.

3.6. BID DUE DATE - Bid due date shall include a date and time (Pacific Standard Time), that bids are required to be submitted. Bids received after the bid due date will be rejected. Bid due date may be extended by Owner through an Addendum. Be sure to ask any questions before the questions and clarifications due date as the Owner or Owner’s Agent might not otherwise have time to respond.

3.7. SUBMISSION PROCEDURE - Bidders shall be solely responsible for delivery of their bids in the manner prescribed in the solicitation. Any bids in excess of $10,000 must be submitted on forms prepared by the Owner.

3.8. PRE-BID AND OTHER MEETINGS – Unless stated otherwise in solicitation documents, pre-bid meetings are not required. A potential bidder may request another pre-bid meeting if unable to attend on the original date stated in the solicitation. Pre-bid meetings are scheduled to allow potential bidders the ability to view the site conditions and for the owner to present a summary of key elements of the solicitation.

3.9. INTERPRETATIONS – No oral interpretation will be made to any bidder as to the meaning of any part of the solicitation documents. Questions from bidders must be made in writing and submitted to the solicitation contact in the manner stated in the solicitation.

3.10. QUESTIONS AND CLARIFICATIONS – Unless stated otherwise in the solicitation documents, Bidders are required to submit questions and requests for clarifications no less than six business days prior to the bid due date. All questions must be made in writing. All responses to questions will be made in writing. Any potential Bidder who has discussion with Owner or Owner’s Agent without a follow-up email confirming discussed items must contact the solicitation contact in writing to request written clarification.

3.11. CORRESPONDENCE – Owner will make every effort to respond to written questions within 1 business day.

3.12. SUBCONTRACTOR LIST - A complete list of subcontractors may be requested of lowest bidders. Failure to render a subcontractor list and bid breakdown within 2 business days may, at Owner’s election, result in rejection of bid. Bid breakdown must show material, labor, profit, overhead costs in enough detail to confirm that all work has been included in bid price.

3.13. NEGOTIATIONS - Small purchases (those under $250,000) are not sealed bidding and the Owner may negotiate price and other terms of purchases when appropriate.

3.13.1. The scope and extent of the negotiations are a matter of the Owner’s judgment. The Owner may inform an offeror that its price is considered too high, or too low, and reveal the results of the analysis supporting that conclusion. “Auctioning” (revealing one offeror’s price in an attempt to get the offeror to lower their price) is prohibited.

3.14. PROTEST – All disputes and claims must comply strictly with the procedures and timeliness set forth in the solicitation, bidding documents, contracts, any legal requirement, and this section. No discussion or negotiation of claims by Owner or any representation or communication, whether verbal or in writing, shall in any way constitute a waiver of these procedures or timeliness or of VHA’s legal rights or defenses.

3.14.1. Resolution and Exhaustion Requirement: It is the policy of the Owner to resolve all contractual issues informally at the Owner level, without litigation if possible and beneficial to the interests of the Owner.

Neither Owner nor its contracting or bidding parties shall refer a dispute to any outside authority or arbiter, including but not limited to HUD. When appropriate, Owner may consider the use of informal discussions between the parties by individuals who did not participate substantially in the manner in dispute, to help resolve the differences. HUD will only review protests in cases of violations of Federal law or regulations and failure of the Owner to review a complaint or protest.

3.15. PROCEDURE TO PROTEST – Any protest concerning a solicitation must be in writing and received by Owner’s Contracting Officer before the due date for receipt of bids or proposals. Any protest against the award of a contract must be in writing and received by Owner’s Contracting Officer within five (5) business days after the bid opening. All bid or award protests shall include at a minimum: (1) a detailed and clear statement of facts that the protesting party believes supports its position, (2) an identification of the terms from the procurement solicitation and/or the legal authority that supports the protest, and (3) copies of pertinent documents or other materials pertaining to the protest. The Contracting Officer or his or her designee may, at his or her discretion, suspend the procurement pending resolution of the protest, if warranted by the facts presented. The contractor or Owner’s Contracting Officer may request that the parties confer to discuss the claim. Upon the receipt of such a request, the parties shall convene for that purpose within a reasonable period of time. The Contracting Officer shall issue a written decision on the matter to all concerned parties. His or her decision shall be final.

State law shall govern any court action concerning a protest.

3.16. SUBSTITUTIONS – Where the solicitation documents stipulate a particular product, substitutions will be considered up to the Request for Clarifications date noted in the Solicitation Schedule.

3.16.1. Bidder shall provide products specified unless substitutions are approved by Owner as stated herein.

When a request to substitute a product is made, Owner’s Representative may approve the substitution and will issue an Addendum to known bidders. The submission shall provide sufficient information to determine the acceptability of such products. Bidder shall provide complete information on required revisions to other work to accommodate each proposed substitution. Bidder must submit a separate request for each product.

3.16.2. Product substation requests must be submitted on an Owner provided Substitution Request Form.

3.17. DISQUALIFICATION – Bidders may be disqualified, and their bids not considered, among other reasons, for any of the following reasons.

3.17.1. A reason for believing that collusion exists among the bidders.

3.17.2. A bidder, subcontractor or supplier or the surety on any bond given, or to be given, is in litigation with Owner, The Authorities Having Jurisdiction (AHJ), or where such litigation is contemplated or imminent, in the sole opinion of the Owner.

3.17.3. The Bidder being in arrears on any existing contract or having defaulted on a previous contract.

3.17.4. Uncompleted Work, which in the judgement of the Owner, will prevent or hinder the prompt completion of additional work, if awarded.

3.18. ACCEPTANCE – The procurement actions of the Owner expressly limit acceptance to the Terms and Conditions stated herein. All additional or different terms proposed by Contractor are objected to and are hereby rejected, unless otherwise provided in writing by Owner.

3.18.1. Any additional terms and conditions desired by the Bidder/Offeror must be submitted with the bid/proposal.