QUOTES FOR SMALL PURCHASE (QSP)

#2026-018 – Boys and Girls Interior Repairs

ANNOUNCEMENT

The Housing Authority of the City of Vancouver (VHA) is issuing this competitive solicitation with the intention of awarding a contract for the repair of an interior gymnasium wall repair at the Boys and Girls Club located at 500 Council Bluffs Way, Vancouver, WA 98661. In accordance with RCW 39.26, purchases of goods and services must be based on a competitive procurement process in which the Contract is awarded to the lowest responsive, responsible bidder. The VHA reserves the right to amend and modify this competitive solicitation.

SOLICITATION DEADLINES

The following table identifies important dates for this Quotes for Small Purchase:

Solicitation Issue Date: July 10, 2026

Pre-Bid Meeting Date:

(mandatory)

July 20, 2026 3:30pm (PT)

500 Council Bluffs Way

Vancouver, WA 98661

Questions/Clarifications Due Date: June 24, 2026 at 5:00 PM (PT)

Bid Due Date and Time: July 31, 2026 at 2:00 PM (PT)

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.

COMMUNICATION AND QUESTIONS

Communication regarding this solicitation with any VHA employee other than Procurement and Contracts staff may disqualify your bid. Questions related to this competitive solicitation must be submitted through Public Purchase. All questions raised at any pre-bid meeting and during the Q&A period will be answered and posted to Public Purchase as an addendum.

BACKGROUND

The project is for the replacement of water damaged materials in a wall assembly located inside the gymnasium of the Skyline Boys and Girls Club. The building was built in 2017 and serves the local community children as a resource for education and recreational activities. In early 2026 mitigation was performed on the south interior wall and south corner of the west wall of the gymnasium which required removal of portions of the wall assembly. Under a separate contract the exterior wall surface is receiving a new elastomeric coating.

SCOPE OF WORK

The VHA invites qualified vendors to propose a cost to rebuild the South and Southern corner of the West interior gymnasium walls of Boys and Girls Club building. The work includes the South wall which requires surface preparation, installing of new z-metal, rigid insulation, gypsum and

MDF, gypsum finish, gaps, paint and primer, vinyl base, door trim and wall padding reinstallation.

The work also includes patching three (3) less than 2 foot by 2-foot square gypsum wall cuts on the North, East and West walls. The wall cuts require gypsum, mud set finish, primer and paint to match the existing walls.

A. General Conditions

1. The contractor shall provide all paint, labor, tools, and supplies to perform the work including lifts, scaffolding and ladders.

2. The contractor shall cooperate with property owner’s representative in every way, which shall include conducting the work and at a time as agreed upon.

3. Damage to existing property, of any nature, caused by the Contractor shall be repaired to the satisfaction of the owner at the Contractor’s expense.

4. Contractor to use drawing set as guide for installation and specification. Paint color matching to be confirmed by the contractor in the field prior to purchase and installation.

5. Work is subject to Washington State prevailing wages.

6. Work is sales tax exempt.

7. Contractor to follow OSHA safety standards and utilize personal protection equipment (respirators, gloves, eye protection, etc.). Proper scaffolding and lift operation required by contractor/subcontractor. Secure all scaffolding and lifts to protect the public from misuse and injury while workers are onsite and offsite.

8. Contractor shall comply with local building and municipal codes, SSPC standards, and manufacturer guidelines for all products being used in the project.

B. Scope of Work

The following is a summary. Attachment D should be used as guide with exception of item #4

Below. (NO Vaper Barrier layer).

1. CMU Preparation: crack and joint treatment static cracks >1/16” must be repaired using structural mortar. Rust to be removed prior to installation of new z-metal. Any remnant of the previous z-clip anchors and attachments to be demoed to flush or below the surface with the surrounding CMU wall.

2. Z-Metal Installation: Refer to Attachment D for sizing, specifications and installation method.

3. Rigid Insulation: All extruded polystyrene (XPS) rigid insulation should be cut to fit.

Maximum airgap of 1/16 of an inch allowed between rigid R-10 insulation to z-clip surfaces and between butt joints of rigid insulation panels.

4. Vapor Barrier: NO VAPOR BARRIER installation required as indicated in the plans.

5. Gypsum installation: Use the provided plan set as guidance for installation. Type 5/8-inch-thick gypsum to be installed and finished to a level 5 mud set finish. Joints, corners and transitions to match existing finished walls, Control joints are required in correspondence to the existing CMU control joints (Attachment D).

6. MDF Panel Installation: Contractor to use ¾ inch Moisture Resistant MDF panels installed to match existing walls and follow the guidelines provided in the drawing set.

Control joints are required in correspondence to the existing CMU control joints.

7. Primer and Paint: Contractor to follow specifications in Attachment F - PAINT

SPECIFICATION. Paint color and sheen to field verified by professional paint consultant.

A minimum of one coat primer and 2 coats of paint is required. Painting must match existing painted walls with no visible defect including but not limited to fading, cracking/peeling, runs/sags, fisheyes, or blistering. Sample of each paint color/sheen match to be approved by VHA prior to start of painting.

8. Re-Installation of protective wall padding: Material supplied by owner.

9. Door trim and Vinyl Base: See Attachment E - DOOR TRIM NOTES for layers needing to be reinstalled. New vinyl base to be installed to match existing base in color and dimension. Installation method and adhesive to match manufacturer recommendations.

Owner to approve product and color before installation.

10. Completion of project to be before August 31,2026.

C. Protection

11. When scraping paint, protect adjacent ground surfaces from flaking paint and debris.

Utilize paint tarps or some other form of ground cover to protect gymnasium floor, equipment and adjacent walls from falling debris and damage from equipment.

12. Protect adjacent surfaces from overspray and damage caused by painting. Correct damage by cleaning, repairing, or replacing and repainting as necessary.

13. Provide “WET PAINT” signs and barriers at all newly painted finishes.

14. Touch up and restore damaged, or defaced, painted surfaces caused by other trades.

15. Secure all scaffolding and lifts to protect the public from misuse and injury.

16. Use caution tape and barriers to indicate safe distances from the work area and equipment/ scaffolding being used.

17. Use tack (anti-tracking) mats to prevent tracking of gypsum dust, paint, primer, sawdust outside or to any other part of the building.

D. Clean Up

18. At completion of work each day, remove all materials, ladders, machinery, supplies, empty cans, rags, rubbish, and other discarded refuse created by work.

19. Do not dump waste materials on site.

20. Do not use sanitary or storm drains.

21. At completion, removal of all dust from gym equipment and floor is required.

E. Warranty

One year workmanship warranty from completion to be included as part of the proposal for all work completed.

PUBLIC WORKS

This is a public works project. The following list of items applies:

1. This project is subject to prevailing wage law and requirements.

2. Residential rates do not apply.

3. A 5% retainage applies unless stated otherwise.

4. Performance and payment bonds (100%) are required.

a. 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. To be permittable, a performance and payment bond must meet the requirements set forth in the contract documents.

5. A Notice of Completion must be filed with L&I for contracts exceeding $35,000.

a. 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 not subject to payment of applicable federal wage rates and requirements.

SECTION 3 REQUIREMENTS

This project is not subject to Section 3 requirements.

TAXES

This project is retail sales tax exempt.

If tax-exempt, 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.

INSURANCE REQUIREMENTS

All contract awards are subject to the insurance requirements as shown in Exhibit 1 of this solicitation.

TERMS AND CONDITIONS

All contact awards are subject to the terms and conditions as shown in Exhibit 2 of this solicitation. Substantial changes will not be accepted.

MISCELLANEOUS

The release of this competitive solicitation in no way obliges the VHA to award a contract.

Payment terms will be Net 30 from the receipt of goods/services or date of valid invoice, whichever is later, in accordance with state policy.

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

PUBLIC RECORDS

The VHA is subject to RCW 42.56, the Public Disclosure Act. Vendor responses to this competitive solicitation will become a public record as defined in the RCW. For the purposes of this competitive solicitation, no information considered confidential or proprietary should be included.

ATTACHMENTS

The following items apply to this solicitation and resulting contract:

Attachment A – Bidder Profile and Certification Attachment B – Quote Form Attachment C – Sample Contract Attachment D – Skyline Boys & Girls Club As Builts Attachment E – Door Trim Notes Attachment F – Paint Specification

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. 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.

f. 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.

Exhibit 2 – Standard Terms and Conditions

1. APPLICABILITY

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. Owner reserves the right to edit and/or reject any and all additional proposed terms and conditions.

3.19. PUBLIC RECORD / PROPRIETARY INFORMATION – Any items submitted to Owner become public record under Washington State law. Public records must be disclosed upon request unless a statue exempts disclosure.

Respondents are expected to be familiar with any potentially applicable exemptions and the limits of those exemptions. Respondents must separately bind and clearly mark as “proprietary” information any information that they believe is exempt from public disclosure. Owner may reject responses that are marked proprietary in their entirety. If Owner receives a public disclosure request for records that the Respondent has marked as proprietary, Owner may notify the Respondent of this request and postpone disclosure briefly to allow the Respondent to file a lawsuit under RCW 42.17.330 to enjoin disclosure. However, this is a courtesy of Owner and not an obligation. Owner has no obligation to assert an exemption from disclosure. If the Respondent believes that it's records are exempt from disclosure, the Respondent is obligated to seek an injunction. By submitting a quote, the Respondent acknowledges this obligation. The Respondent also acknowledges that Owner will have no obligation or liability to the Respondent if the records are disclosed.

3.20. AWARD – Unless otherwise stated in the solicitation, award shall be made to the responsive and responsible bidder that provides the lowest price complying with the solicitation documents. If award is to be made for reasons other than price, an evaluation criteria shall be provided in the solicitation.

4. RETAIL SALES AND USE TAXES

4.1. This section applies if the solicitation has stated that the Owner is exempt from retail sales tax.

4.2. Owner is exempt from paying Washington State Retail sales and use taxes. However, prime contractors and subcontractors of the Owner shall refer to WAC458-20-17001 to determine their tax liability. Contractors that purchase goods to be used / installed at VHA properties must pay tax at the time of purchase as if they’re the end consumer and bear that tax responsibility and liability.

5. PUBLIC WORKS AND PREVAILING WAGE

5.1. This entire section applies to the solicitation and resulting contract if the solicitation has stated that the project is a public works project and that prevailing wage rates and law apply.

5.2. A Performance & Payment Bond is required for all public works projects. 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; to be permittable, a performance and payment bond must meet requirements as set forth in the resulting contract.

5.3. All workers shall receive the prevailing rate of wage.

5.4. Contractor shall be responsible and qualified to be awarded a public works project as defined in RCW 39.04.350

5.5. For any solicitation resulting in Work starting July 1st, 2019, or after, every bidder must have either (a) completed training on public works and prevailing wages or (b) have experience completing at least three public works projects and have maintained a business license in Washington for at least three years to be considered a responsible bidder.

5.6. For any solicitation resulting in Work starting January 1st, 2020 or after, every bidder agrees that they will submit the required certified payrolls with L&I no less than monthly.

5.7. It is the contractor’s responsibility to determine the applicable wage classification(s) for Work that their employees will be performing on the project. Wage classifications and rates can be found at L&I’s URL https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/.

5.8. The project is located in Clark County. A copy of the wage rates is available for viewing in Owner’s office and Owner will provide a hard copy upon request.

5.9. The effective wage rate date is the bid due date. However, if the contract is signed more than 6 months after the bid due date, then the contract signing date must be utilized as the effective wage rate date.

5.10. Contracts exceeding one year in duration.

5.10.1. If the contract duration is carried out beyond one year then wage rates must be updated for the days following each yearly contract anniversary date. The effective wage rate date utilized is the previous effective wage rate date plus one year for each renewal year.

5.10.2. An Affidavit must be filed at every yearly contract anniversary date, and a new Intent must be filed if renewing the contract for another year.

5.10.3. A minimum of 5% retainage must be held throughout the year, unless the Owner or Owner’s Agent has stated otherwise in the contract documents; this retainage will be paid after the affidavit(s) have been approved by L&I. The contractor must notify the Owner or Owner’s Agent when the affidavits have been approved.

5.11. Residential rates are not allowable unless specifically stated in the solicitation and contract.

5.12. Alternate combined forms for projects under $2,500 whereas Owner and Contractor are liable for unpaid wages, are not allowed unless stated within the solicitation or contract.

5.12.1. If allowed by the Owner, the total contract must not exceed $2,500 and all work must be performed by the prime contractor with no subcontracting allowed.

5.13. No payments shall be made until Intent to Pay Prevailing Wage forms have been approved by L&I (applies to Contractor and all sub-Contractors, if any).

5.14. Final payment will not be made to the Contractor until all applicable Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms are approved by L&I; this applies to the prime Contractor and all sub tier contractors.

5.15. If contract exceeds $10,000, Intent(s) must be posted on the job site in an area that is common and accessible by all. If the approved Intent is not yet available, the complete listing of the prevailing wage rates for the county where the job site is located may be posted until the approved form is received.

5.16. Payroll Records must be kept by contractors and subcontractors for three years following the date of acceptance of the project by the awarding Owner. Upon receiving a written request from L&I, the awarding Owner or an interested party, a contractor or subcontractor must, within ten days, submit Certified Project Payroll records to L&I and to the awarding Owner.

https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/

5.17. If contract exceeds $35,000 a 5% retainage shall apply until final approval is received from DOR, L&I and ESD. If the contract has stated that 10% retainage applies, then contractor may invoice 5% once work is complete, and the remaining 5% of the contract can be invoiced and then paid once approval is received from DOR, L&I and ESD. In no way does approval from DOR, L&I, and ESD release the contractor from all other contract obligations.

5.18. Wage interviews may be conducted on site and typically take approximately 5-10 minutes to complete.

5.19. In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the director of the department of labor and industries of the state and his or her decision therein shall be final and conclusive and binding on all parties involved in the dispute.

5.20. Supervisors. If a supervisor does any work covered under prevailing wage, they must be paid prevailing wage for that time if it is in excess of 20% of the time worked at that job site. If they work more than 50% of the time doing work classified under prevailing wage, then 100% of their time at that job site must be paid at the applicable prevailing wage rate. (WAC 296-127-015)

6. FEDERAL LABOR STANDARDS & WAGE RATES

6.1. This section applies to the solicitation and resulting contract if the solicitation has stated that the project is subject to federal labor standards and wage rates.

6.1.1. GENERAL – All maintenance laborers and mechanics employed contracts in excess of $2,000 for the operation of public housing must be paid no less than prevailing wages determined or adopted by HUD. In addition, the overtime requirements of the Contract Work Hours and Safety Standards Act are applicable to maintenance contracts and construction contracts in excess of $100,000.

6.2. EMPLOYMENT OF APPRENTICES OR TRAINEES – PHAs, RMCs, or other contractors on work subject to HUD-determined wage rates may employ apprentices or trainees. Apprentices and trainees may be compensated at less than the prevailing wage rate for their craft, provided that they are individually registered in an apprenticeship or trainee program that has been approved by HUD, the DOL’s Bureau of Apprenticeship and Training (BAT), or a BAT-recognized state apprenticeship agency. PHAs, RMCs, or other contractors who wish to discuss the development of such training programs may contact HUD Labor Relations Staff for assistance. Unless otherwise directed, RMCs and other contractors should submit all requests to develop approved training/apprenticeship programs and proposed program descriptions to the HUD Labor Relations field staff with jurisdiction over the PHA.

6.3. POSTING OF HUD WAGE DECISION – A copy of the applicable HUD Wage decision must be displayed at the job site in a place accessible to all laborers and mechanics and place in an area that is protected from inclement weather.

6.4. INTERVIEWS – Owner or Owner’s Agent may conduct interviews with the laborers and/or mechanics on the jobsite to determine if the work performed and wages received are consistent with the job classifications and wage rates contained in the applicable wage determination and the classifications and wages reported by the employer on certified payrolls. On-site interviews are documented on form HUD-11, Record of Employee Interview. Interviews will typically last ten minutes.

6.5. MAINTENANCE CONTRACTS

6.5.1. Maintenance contracts of more than $2,000, but less than $250,000 must include clauses found in Table 5.1 and the clauses in Section II of form HUD-5370-C.

6.5.2. For all maintenance contracts of more than $250,000 contracts must contain the clauses in Sections I and II of form HUD-5370-C.

6.5.3. Maintenance contracts subject to HUD-determined wage rates do not require the submission of payroll reports. Contractors and subcontractors are still required to maintain payroll records and must make such records available to the PHA and/or to HUD, on request (see labor Relations Letter No. LR2004-01).

6.6. CONSTRUCTION CONTRACTS

6.6.1. All laborers involved in construction contracts in excess of $2,000 must be paid wages in accordance with Federal labor standards issued pursuant to the Davis-Bacon Act by the Department of Labor (DOL).

6.6.2. Solicitations and contracts subject to Davis-Bacon wage requirements must contain the applicable wage decision and labor standards provisions.

6.6.3. REPORTING – Each construction employer (Contractor and subcontractors) shall submit weekly a payroll report and statement of compliance to the PHA for each week during which work is performed under contract. Such reports may be submitted on DOL Payroll Form (WH-347).

6.6.4. Applicable Davis-Bacon wage decision and the DOL poster Notice to All Employees (WH-1321) must be displayed at the job site in a place accessible to all laborers and mechanics and placed in an area that is protected from inclement weather.

6.6.5. Construction/Development Contracts greater than $100,000 must incorporate the clauses contained in form HUD-5370, General Conditions of the Contract for Construction, and the applicable Davis-Bacon wage decision.

7. SECTION 3 COVERED CONTRACTS

7.1. This entire section applies to the solicitation and resulting contract if the solicitation indicates that the project is subject to the requirements of Section 3.

7.2. Contractor must complete a Section 3 Acknowledgement and Intent To Comply form prior to starting Work.

7.3. Contractor and all subcontractors must each complete: a Section 3 Business Self-Certification form, and;

one Section 3 Resident Self-Certification for each working employee.

7.4. Contractor must submit a Section 3 labor Hours Summary Report at least quarterly, and a final report at project completion.

7.5. All HUD Section 3 covered contracts shall include the following language.

7.5.1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very-low income persons.

7.5.2. The Parties to this contract agree to comply with HUD’s regulation in 24 CFR Part 75 which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediments that would prevent them from complying with the Part 75 regulation.

7.5.3. The contractor agrees to include this Section 3 language in every subcontract subject to compliance with HUD’s regulation in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 language, upon a finding that the subcontractor is in violation of HUD’s regulation in 24 CFR Part 75 policy and guidelines. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulation, 24 CFR Part 75.

7.5.4. Noncompliance with HUD’s regulation in 24 CFR Part 75 policy and guidelines may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

8. GENERAL CONDITIONS OF THE CONTRACT

8.1. LAW - The laws of the State of Washington shall govern the contract.

8.2. TYPE OF CONTRACT - Unless otherwise stated in the solicitation, the resulting contract shall be a firm fixed-price contract, where the Contractor is paid a firm fixed-price for all required work regardless of the Contractor’s actual costs of performance.

8.3. UNIT PRICE CONTRACTING – Unit price contracting may be used if originally solicited and authorized by the Owner. Contractor must be presented with an Owner approved Purchase Order or Notice To Proceed based on predetermined unit prices with a total not-to-exceed amount prior to starting Work.

8.4. TIME & MATERIALS – If time and materials contracting is authorized by the Owner, Contractor must invoice materials at cost and with no markup. Copies of corresponding supplier invoices must accompany the Contractor’s invoice to the Owner. Profit and overhead must be included in the time/labor portion of billing.

Contractor must be presented with an approved Owner’s Purchase Order or Notice To Proceed with a total not-to-exceed amount prior to starting Work.

8.5. PERFORMANCE AND PAYMENT BOND – Contractor shall submit within 7 days of award notification, for any contract exceeding $250,000, both a payment and performance bond for 100% of the contract price. All bonds must be obtained from surety companies authorized to do business in the State of Washington, and must be listed on the U.S. Treasury Circular Number 570.

8.6. RETAINAGE – 5% retainage shall apply to all contracts equal to or in excess of $250,000. Retainage shall be withheld and not released by Owner until all contract obligations are met and work is complete.

8.7. SCHEDULE - A schedule shall be provided and agreed to prior to Notice to Proceed complying with the solicitation documents and awarded contract. If no schedule is provided, and unless otherwise stated in the solicitation or contract, Work shall start within 10 days of Notice To Proceed and be substantially complete within 7 days following.

8.8. LIMITED NOTICE TO PROCEED - On or after the date that the contract is made, Owner may, at Owner’s sole discretion, but subject to Contractor’s written agreement to the terms thereof, issue to Contractor a limited notice to proceed (LNTP) directing Contractor to commence and complete the LNTP Scope of Work under and in accordance with the terms of this Agreement (such notice a “Limited Notice to Proceed” or “LNTP”). All Work performed by Contractor prior to or pursuant to the Limited Notice to Proceed shall be deemed part of the Work. Owner shall have no obligation to Contractor under this Agreement until the Owner issues the Notice to Proceed, except that, upon issuance of a Limited Notice to Proceed, Owner shall be obligated to make the payments for work as specified therein provided that Work is performed by Contractor in the manner required by such Limited Notice to Proceed and otherwise in accordance with the requirements of the Contract.

8.9. CONTRACT DURATION - Unless otherwise noted in the resulting contract based on Owner’s solicitation, duration of contract shall not exceed one calendar year.

8.10. COMPONENTS - All contracts consist of but are not limited to the original solicitation document and terms and conditions noted herein.

8.11. CONTRACT CHANGES – No alteration in any of the terms, conditions, or any written form of contract will be effective without written consent of the Owner.

8.12. SUB-CONTRACTING

8.12.1. Contractor agrees to include these terms and conditions herein for every subcontract subject to compliance of these terms and conditions.

8.12.2. Contractor shall perform 100% of Work; subcontracting shall not be allowed unless specifically stated in the solicitation documents.

8.13. CONTRACT CLAIMS – Unless otherwise provided for in a specific contract, the following claims process shall govern:

8.13.1. A contractor must submit its claim in writing to Owner’s Contracting Officer within ten (10) calendar days from the date it knew of or, in the exercise of reasonable diligence, should have known of the facts that support its claim.

8.13.2. All contract claims shall include at a minimum: (1) a detailed and clear statement of facts that the contracting party believes supports its position, (2) an identification of the terms from the contract and the legal authority that supports the claim, and (3) copies of pertinent documents or other materials pertaining to the claim.

8.13.3. 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.

8.13.4. Owner’s Contracting Officer shall issue a written decision to the concerned parties. His or her decision shall be final.

8.14. INSPECTION - Owner staff will inspect Work as it progresses…