RFP SP-WWU2024-1125 Tiny Homes.pdf

Western Washington University Page 1

Request for Proposal (RFP)

SP-WWU2024-1125

For

Tiny Homes

Issue Date:

November 25, 2024

Responses Due:

December 17, 2024, 4:00 p.m. Pacific Standard

Time

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TABLE OF CONTENTS

1. Introduction: Background and Key Stakeholder Purpose Scope of Work Minimum Qualifications Description Specifications

2. General Information for Respondents Definitions RFP Coordinator Submission of Proposals Event Schedule

Acceptance Period Revisions to the RFP

Multiple Responses Most Favorable Terms and Clarification of Responses Public Records - Proprietary Information Reserved Rights

Responsiveness Proposal Evaluation Evaluation Criteria Debriefing of Unsuccessful Respondents Protest Guidelines OMWBE Minority & Women’s Business Enterprises Contract and Terms & Conditions

No Obligation to Contract Shipping/Freight Delivery Inspections Deviations / Non-Conformance

Evaluation Price Inclusive Warranties Compliance with Laws and Regulations Indemnification and Hold Harmless Insurance Coverage Required Responses Appendix A: Certifications and Assurances (included in Proposal) Attachment A: Sample Service Agreement

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1. Introduction

Background: Western Washington University One of six state-funded, four-year institutions of higher education in Washington state, Western Washington University operates on a September-to-June academic year (quarter system) with six-and nine-week summer sessions and enrolls approximately 15,000 students.

Western Washington University is a residential campus that houses about a third of its students in 15 residence halls. Our 215-acre campus includes the student-funded Wade King Student Recreation Center and the 38-acre Sehome Arboretum, operated jointly with the city of Bellingham. Western also has off-campus facilities at Shannon Point Marine Center in Anacortes and a 15-acre student-University facility at nearby Lake Whatcom.

Woodring College of Education and the University's Outreach and Continuing Education and Summer Programs offer classes and certificate and degree programs in Bremerton, Everett, Port Angeles, and Poulsbo.

Key Stakeholder: Sustainability Pathways Sustainability Pathways is an undergraduate fellowship program in the College of the Environment where students from a range of disciplines merge academic learning with work experiences across sustainability sectors such as economic development, environmental quality, community health, energy, and planning. Students are placed with local partner organizations, agencies, businesses, and schools where they develop and apply systems thinking in a paid practicum work experience that helps advance sustainability initiatives in the Methow and Okanogan Valleys.

Students live, work, and learn together as a cohort for the 11-week fellowship, which includes housing for the students. Despite having more demand for student placements with additional organizations, program growth has been limited by housing capacity at 20 participants. The Methow Valley, much like many rural communities in the Northwest, is experiencing an extreme housing shortage, so the program is seeking housing solutions that will not be a burden on the local housing market. The purchase of tiny homes, which will ideally each house 2 students, represents the beginning of a strategic solution to this issue, with additional units to be added over time.

Purpose Western Washington University’s Sustainability Pathways program, hereafter called "University", is in need of long-term student housing in the Methow Valley/Mazama, Washington, in the form of tiny homes on trailers, able to accommodate 3 to 4 students total. The purpose of this competitive procurement process is to assist the University in selecting a vendor who will best meet the University’s needs.

Minimum Qualifications Respondent must, at the time of proposal opening, or prior to that time if required by law, be an established business firm licensed to do business in the State of Washington, with all necessary licenses, bonding, facilities, equipment, and trained personnel necessary to perform the work as specified in this solicitation. URL: https://www.dol.wa.gov/business/

All Respondents shall demonstrate that:

• the Respondent has satisfactorily completed work of a similar nature to the work described in this RFP within the last one-year time period https://www.dol.wa.gov/business/

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• the Respondent has provided products referenced in this RFP for at least five (5) years

• the Respondent has all necessary licenses to perform the work under this RFP

• the Respondent provides references to attest to the quality and timeliness of the similar services provided. The quality and applicability of references will be used as a factor for selection. See Requirements and Responses Section 6.

• and the Respondent understands and subscribes to the prevailing wage requirements when required by law.

Description:

The units being sought will be manufactured and registered as RVs and must meet requirements for L & I certification in Washington State. Each unit will include safety features such as

• DOT compliant brake and turn signal lights,

• Smoke and carbon monoxide detector alarms,

• Fire extinguishers, and

• Window shades / blinds that can serve as both heat mitigation and for privacy.

The planned use for the tiny homes will be seasonal: June - August initially, and eventually April - November. The units will be unoccupied after being winterized seasonally and must be built to withstand 120 pounds of snow load per square foot on the roof and have adequate insulation for a temperature range from minus 30 degrees Fahrenheit in winter to 100 degrees Fahrenheit in summer.

The planned parking site in Mazama, WA will include existing infrastructure such as water, power, and a septic system so the units should have the capabilities to connect to these. In addition, it is preferred (but not required) to have units that also have water and septic storage for versatility.

Respondent should provide recommendations for property and liability insurance coverage for tiny houses.

Specifications

ITEM PRICE QTY EXT PRICE

Base Unit, all electric: 24-28 feet long 200-410 sq ft (1-2 person)

Air Filtration System: MERV 13 equivalent or higher preferred

Electric water heater (high efficiency mid-sized preferred)

Electric Mini Split Heat Pump 2

Electric Stovetop (can be induction) and Oven (or toaster oven) preferred

Electric mid-sized fridge 2 https://lni.wa.gov/licensing-permits/manufactured-modular-mobile-structures/modular-other-mobile-structures/

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Electric Washer/dryer combination 1

Leveling stabilizers: Jacks mounted to trailer in each corner or at least on each end

Bathroom with space efficient sink, shower, and toilet

Shipping/Delivery

Subtotal

FOB – Winthrop, WA

Sales tax

Enter quote total

In addition to the initial purchase quantity identified in this bid document there is no guarantee to the contractor of any additional orders under the award. However, the order will allow the placement of future purchase orders on an as needed basis (also referred to indefinite delivery – indefinite quantity orders) under the same terms and conditions as those established for the initial purchase quantity within one year of award of the bid.

Minimum Acceptable Warranty: 90 Days

Period of Performance The period of performance of any contract(s) resulting from this RFP is tentatively scheduled to begin on or about February 1, 2025 and to end on May 15, 2025.

Delivery Requirement: Vendor must deliver between April 1 and May 15, 2025

Delivery Location: 17, Deerfield Way, Winthrop, WA.

2. General Information for Respondents

All communication, responses, questions & answers, and addenda will be handled through the state of Washington’s WEBS site: https://pr-webs-vendor.des.wa.gov/ and/or directly from the RFP Coordinator (identified below).

Definitions

• University, WWU, Western—Western Washington University.

• Respondent—Individual, Vendor, Company, Firm, Bidder, Proposer responding to the RFP

• Proposal—RFP Proposal, which can include Quotes or Proposals for Goods and

Services

RFP Coordinator Western Washington University (hereafter referred to as “University”) RFP Coordinator https://pr-webs-vendor.des.wa.gov/

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(hereafter referred to as “Coordinator”) is the sole point of contact at the University for this RFP, and all communication regarding this RFP shall happen by this person. Any other communication will be considered unofficial and non-binding on the University.

Respondents are to rely on written statements issued by the RFP Coordinator and posted electronically via the WEBS System. Communication directed to parties other than the RFP Coordinator may result in disqualification of the Respondent.

Name Sally Parsons, Contracts Program Manager

E-Mail Address purchasing.department@wwu.edu

Subject line RFP SP-WWU2024-1125 Tiny Homes

Submission of Proposals The University is accepting only electronic proposals for this RFP. Respondents must submit Proposals to the email address above by the Proposal due date and time found in the Schedule of Events below.

Any respondent questions must be submitted directly, via the email address above, to the RFP Coordinator by December 5, 2024, 4:00 p.m. (PST). Respondents must reference the RFP number found on the cover page of this solicitation in the subject line of the email.

The University will summarize all questions and provide answers, which will be posted as an addendum on the WEBS site. It is the responsibility of the Respondent to check for any addenda. The University also reserves the right to cancel or reissue the RFP in whole or in part, prior to execution of a contract.

Late proposals received after closing date and time will not be accepted and will be automatically disqualified from further consideration.

Event Schedule*

Issue Request for Quotations – Posted to WEBS November 25, 2024

Last Day for Questions on RFP to be Submitted December 5, 2024, 4 PM Pacific Standard Time

Answers to Questions posted to WEBS On or before December 10, 2024

Closing Date - Proposals Due December 17, 4 PM Pacific Standard Time

University Evaluation Period December 17 – 31, 2024

Finalist Selection & Negotiations Begin December 31, 2024

Contract Development December 31, 2024 – January 31 mailto:purchasing.department@wwu.edu

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Contract Term February 1 – May 15, 2025

*The University reserves the right to revise this schedule.

Acceptance Period Proposals must provide 120 days for acceptance by the University from the due date for receipt of proposals.

Revisions to the RFP Addenda will be posted in the State of Washington’s WEBS System and all respondents will be notified of the Addendum via the email Respondent used to register to WEBS. It is the responsibility of Respondent to check for any addenda. https://pr-webs-vendor.des.wa.gov/

Instructions for updating the proposal if amendment is required: First “retract proposal” and then make any additional requested changes, then resubmit your proposal.

Multiple Responses Respondents who wish to submit more than one proposal may do so, provided each proposal stands alone and independently complies with instructions, conditions, and specifications of the RFP. If multiple responses are submitted, the University reserves the right to select the most advantageous proposal to the University.

Most Favorable Terms and Clarification of Responses The University reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms the Respondent can propose.

The University does reserve the right to contact a Respondent for clarification of its proposal during the evaluation process. In addition, if the Respondent is selected as the apparent successful Contractor, the University reserves the right to enter into contract negotiations with the apparent successful respondent, which may include discussion regarding the terms of the proposal.

Contract negotiations may result in incorporation of some or the Respondent's entire proposal. The Respondent must be prepared to accept this RFP for incorporation into a contract resulting from this RFP. It is also understood the proposal will become part of the official procurement file.

If additional information is required to make a final decision, Respondents may be contacted asking they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The University reserves the right to request a “best and final offer.”

If contract negotiation is unsuccessful or the highest-ranking Respondent fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the University may terminate negotiations and begin negotiations with the next highest-ranking Respondent.

Public Records - Proprietary Information Materials submitted in response to this competitive procurement shall be deemed public records as defined in Chapter 42.56 RCW. Any information in the Proposal that the Respondent desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW must be clearly designated. The page must be identified and the particular exception from disclosure upon which the Respondent is making the claim. Each page claimed to be exempt from disclosure https://pr-webs-vendor.des.wa.gov/

Western Washington University Page 8 must be clearly identified by the word “Confidential” printed on the lower right-hand corner of the page.

The University will consider a Respondent's request for exemption from disclosure; however, the University will make a decision predicated upon Chapter 42.56 RCW and Chapter 516-09 of the Washington Administrative Code. Marking the entire Proposal exempt from disclosure will not be honored. The Respondent must be reasonable in designating information as confidential. If any information is marked as proprietary in the Proposal, such information will not be made available until the affected Respondent has been given an opportunity to seek a court injunction against the requested disclosure.

All requests for information should be directed to the University Public Records Officer:

https://publicrecords.wwu.edu/

RESERVED RIGHTS: The University expressly reserves the following rights:

A. To reject any and/or all irregularities in the quotes submitted B. To reject any and/or all quotes or portions thereof.

C. To base awards with due regard to quality.

D. To make the award to any Vendor whose quote, in the opinion of the Buyer and Purchasing management, is the lowest and best quote.

E. On multiple item quotes, to select individual items based on cost and qualitative factors unless the respondent stipulates “all or nothing” on the bid.

F. Negotiate with the lowest responsive Respondent to determine if that Proposal can be improved.

Responsiveness All proposals will be reviewed by the RFP Coordinator to determine compliance with administrative requirements and instructions specified in this RFP. The Consultant is specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as non-responsive.

The University also reserves the right, however, at its sole discretion to waive minor administrative irregularities.

Proposal Evaluation Responsive Proposals will be evaluated strictly in accordance with the requirements stated in the Sourcing Event and any Addendums issued. The evaluation of Proposals shall be accomplished by an evaluation which will determine the ranking of the Proposals.

The final selection depends upon both the evaluation criteria and the cost of the Proposal. The process is designed to award this procurement not necessarily to the Respondent of least cost, but rather to the Proposal which best meets the requirements of this Sourcing Event.

Evaluation Criteria Evaluation and selection of a firm will be based on the information submitted in the Proposals.

Award criteria shall include all factors identified in RCW 39.26.120 W and the requirements provided in the “Evaluation Criteria” section. No OMWBE preference will be included in the evaluation of Proposals, no minimum level of OMWBE participation shall be required as a condition for receiving an award and Proposals will not be rejected or considered non-responsive on that basis.

https://publicrecords.wwu.edu/

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Responsive proposals will be evaluated in accordance with the requirements stated in this solicitation and any addenda issued. An evaluation team, designated by the University, will review the proposals and make recommendations to the University administration.

The sections of the proposal that respond to the financial, technical and any management requirements including company information and project, or timeline plans will be evaluated.

Deviations will be defined as material, which means that a proposal will be disqualified in its entirety, or immaterial, which means the deviation may, at our option, be accepted. The University reserves the right to waive minor deficiencies in a proposal. The decision as to whether a deficiency will be waived or will require rejection of a proposal will be solely within the discretion of the University.

The award of the Contract for the Tiny Homes will be based upon a comprehensive review and analysis of the Proposal which best meets the needs and objectives of the University.

A. The price and the effect of payment terms. Price may be determined by life cycle costing if so indicated in the Request For Proposal.

B. The quality of the articles proposed to be supplied, their conformity with specifications and their fitness for intended use.

C. The ability, capacity and skill of the Vendor to perform the contract or provide the services required.

D. The character, integrity, reputation, judgment, experience and efficiency of the Vendor.

E. Whether the Vendor can perform the contract within the time specified.

F. The quality of performance on previous contracts for purchased goods or services.

G. The previous and existing compliance by the Vendor with the laws relating to the contract for purchased goods or services.

H. Servicing resources, capability and capacity.

I. Lack of uniformity or interchangeability, if such factors are important.

J. The energy efficiency of the product as projected throughout the anticipated useful life of the product.

K. The level of sustainability practices included, e.g. use of recycle elements, low energy production methods, etc.

L. The effect of reciprocity assessments, MWBE, institutional industries preferences or other preferences defined by statute or rule.

Debriefing of Unsuccessful Respondents Upon request, a debriefing conference will be scheduled with an unsuccessful Respondent. The request for a debriefing conference must be received by the RFP Coordinator within three (3) business days after the Notification of Unsuccessful Contractor letter is e-mailed to the Contractor.

Protest Procedure This procedure is available to Respondents who submitted a response to this solicitation document and who have participated in a debriefing conference. Upon completing the debriefing conference, the Respondent is allowed three (3) business days to file a protest of the acquisition with the Sourcing Event Coordinator. Protests may be submitted by facsimile but should be followed by the original document.

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Respondents protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Respondents under this procurement.

All protests must be in writing and signed by the protesting party or an authorized Agent. The protest must state the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included. All protests shall be addressed to the Sourcing Event Coordinator.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

• A matter of bias, discrimination or conflict of interest on the part of the Western

• Washington University Sourcing Event Evaluator; Errors in computing the score

• Non-compliance with procedures described in the Sourcing Event or University policy

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as (1) an evaluator’s professional judgment on the quality of a Proposal, or (2) University’s assessment of its own and/or other agencies needs or requirements.

Upon receipt of a protest, the University will hold a protest review. The Director of Purchasing, Contracts and Support Services, or their delegate, an employee who was not involved in the procurement will consider the record and all available facts and issue a decision within five (5) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another respondent that submitted a proposal, such respondent will be given an opportunity to submit its views and any relevant information on the protest to the Sourcing Event Coordinator.

The final determination of the protest shall:

• Find the protest lacking in merit and uphold the University’s action; or

• Find only technical or harmless errors in the University’s acquisition process and determine the University to be in substantial compliance and reject the protest; or

• Find merit in the protest and provide the University options which may include:

o Correct the errors and re-evaluate all Proposals, and/or o Reissue the Sourcing Event and begin a new process, or o Make other findings and determine other courses of action as appropriate.

If the University determines that the protest is without merit, the University will enter into a contract with the apparently successful Respondent. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

OMWBE Minority and Women’s Business Enterprises In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the state of Washington encourages participation in all of its contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this solicitation or on a subcontractor basis.

However, no preference will be included in the evaluation of proposals, no minimum level

Western Washington University Page 11 of MWBE participation shall be required as a condition for receiving an award, and proposals will not be rejected or considered non-responsive on that basis. Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the Contract documents will apply.

Contract and Terms & Conditions The University's standard service contract is attached to this RFP. The attached contract terms and conditions must be included in the final agreement. In no event is a Respondent to submit its own standard contract terms and conditions in response to this solicitation.

No Obligation to Contract This RFP does not obligate the State of Washington or the University to contract for services specified herein.

Shipping/Freight Unless otherwise specified, prices are FOB destination, shipping/freight prepaid and included, delivered to the site location in Mazama, Washington.

Delivery:

For any exception to the delivery date as specified on this order, Vendor shall give prior notification and obtain written approval thereto from the Supervisor of the Division of Purchasing. With respect to delivery under this order, time is of the essence and the order is subject to termination for failure to deliver on time. The acceptance by Purchaser of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Vendor.

Inspections:

Goods furnished under this contract are subject to inspection and test by WWU at times and places determined by WWU. If WWU finds goods furnished to be incomplete or not otherwise in compliance with proposal specifications, WWU may reject the goods and require Vendor to either correct them without charge or deliver them at a reduced price, which is equitable under the circumstances. If the Vendor is unable or refuses to correct such goods within a time deemed reasonable by WWU, the University may cancel the order in whole or in part. Nothing in this paragraph shall adversely affect WWU’s rights, including the rights and remedies under the Uniform Commercial Code.

DEVIATIONS / NON-CONFORMANCE

Any units not conforming to the exact specifications and / or statement of work set forth in this RFP may be rejected by WWU. It shall be the responsibility of the successful respondent to conform with the requirements and to propose or offer a solution that meets the specifications, capabilities and performance requirements contained in this RFP, unless this RFP specifically indicates that deviations will be considered and in such cases where deviations have been specifically cited by the respondent and acceptance has been made by WWU on the basis of the exception.

EVALUATION

The WWU appointed end-user will evaluate performance of the goods and work intended by

Western Washington University Page 12 this RFP for a period of up to 90-days following delivery or performance. If the goods and work are deemed unacceptable, the successful respondent agrees to either provide a replacement at no additional cost or cancel the agreement and remove/return the goods at no additional cost to WWU.

PRICE INCLUSIVE

The price(s) offered in the response submitted to this RFP shall be inclusive of all costs and charges for boxing, packing, handling, or crating. WWU will not permit any additional costs or charges for boxing, packing, handling, or crating unless otherwise specified by WWU in a written agreement.

WARRANTIES:

Vendor warrants that articles offered in the proposal for this RFP conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except if stated in a Special Condition, the material must then fit that particular purpose.

COMPLIANCE WITH LAWS AND REGULATIONS

The Bidder, by acceptance of an order resulting from this Request for Quotation, warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend WWU against any loss, cost, liability or damage by reason of Bidder's violation of this paragraph.

Indemnification and Hold Harmless:

To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless Western Washington University and all its officials, agents, employees and volunteers from and against all claims arising out of or resulting from the performance of the contract, “Claim” as used in this Agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Contractor’s obligation to indemnify, defend, and hold harmless includes any claim by Contractor’s agents, employees, representatives, or any subcontractor or its employees.

Contractor expressly agrees to indemnify, defend, and hold harmless Western Washington University for any claim arising out of or incident to Contractor’s performance or failure to perform the contract. Contractor’s obligation to indemnify, defend, and hold harmless Western Washington University only to the extent claim is caused in whole or in part by negligent acts or omissions of Contractor.

The terms of this provision shall survive the termination of the Contract.

Insurance Coverage:

Respondent shall provide recommendations for property and liability insurance coverage for tiny houses and provide evidence of insurance coverage as set out in this section. The intent of the required insurance is to protect the University should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the Contractor or subcontractor, or agents of either, while performing under the terms of this Contract.

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Before the start of the Contract, the Contractor shall furnish the University with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified in this Contract.

Certificates of insurance shall be sent to Contract Administration Office, Western Washington University, Administrative Services Building, PO Box 29390, 333 32nd Street, Room 142, Bellingham, Washington 98228-1390 or contractadmin@wwu.edu.

All insurance referred to herein shall be issued by companies admitted to do business within Western Washington University and have a rating of A-, Class VIII or better in the most recently published edition of AM Best’s Reports.

The University shall be provided forty-five (45) days advance written notice before cancellation, non-renewal or material change in coverage of any insurance referred to herein.

Western Washington University, its trustees, officers, directors, employees, agents and volunteers shall be named as an additional and the Contractor waives all rights against Western Washington University for recovery of damages to the extent these damages are covered by insurance policies maintained pursuant to this Contract. This provision shall not apply to Worker’s Compensation.

All insurance provided in compliance with this Contract shall be primary and shall not contribute to any other insurance or self-insurance programs afforded to or maintained by the University, and shall contain a Separation of Insureds Clause (Cross Liability).

Contractor shall include their subcontractors as insureds under all required insurance policies, or shall obtain separate certificates of insurance and endorsements for each subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein.

Contractors or their subcontractor(s) failure to comply with Contract insurance requirements does not limit the Contractor’s liability or responsibility to the University.

Commercial General Liability (CGL) Insurance. The Contractor shall maintain commercial general liability (CGL) insurance, and, if necessary, commercial umbrella or excess insurance with a limit of not less than $1,000,000 per each occurrence. If such CGL insurance contains aggregate limits, the General and Products-Completed Operations aggregate limit shall be at least $2,000,000.

CGL insurance shall be written on 1998 ISO Occurrence Form (or its equivalent coverage).

All insurance shall cover liability arising out of premises, operations, independent Contractors, products-completed operations, personal injury and advertising injury, fire, legal, medical expense, and liability assumed under an insured contract (including defense costs assumed under contract), and contain Separation of Insureds Clause (Cross Liability).

This Contract shall be specifically scheduled as an “Insured Contract” under the policy, or insured as such under the blanket contractual liability provisions of the policy.

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The Contractor shall maintain employers’ liability insurance (or stopgap) and, if necessary, commercial umbrella or excess insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease.

Business Auto Policy (BAP). Contractor shall maintain a business auto policy (BAP) with liability insurance and, if necessary, commercial umbrella or excess liability insurance with a limit not less than $1,000,000 per accident. Such insurance shall cover liability arising out of “Any Auto.” BAP insurance coverage shall be written on ISO form CA 00 01 (or its equivalent coverage). If necessary the policy shall be endorsed to provide contractual liability coverage and cover a “covered pollution cost or expense” as provided in the 1990 or later editions of CA 00 01.

Worker’s Compensation. The Contractor shall comply with all State of Washington workers compensation statutes and regulations. Workers compensation coverage shall be provided for all employees of the Contractor. If the Contractor fails to comply with all State of Washington worker’s compensation statutes and regulations, the Contractor shall indemnify the University for all fines, payment of benefits to employees, or their heirs or legal representatives, and the cost of effecting coverage on behalf of such employees.

Deductibles or Self-Insured Retention. Any deductible or self-insured retention applicable to any insurance shall be identified in the certificates of insurance and the responsibility for paying the part of any loss not covered because of application of deductible(s) or self-insured retention shall be the responsibility of the Contractor.

Required Responses

1. Company Information Vendor Name: ___________________________ Vendor Address: ___________________________ Name/Title of Person providing Proposal: ___________________________ Contact Information: ___________________________ UBI Number: ___________________________ T.I.N. Number: _____________________________ Date: ___________________________

2. Pricing Please provide a listing of the pricing for the items according to the description and specifications described in this RFP. Indicate any quantity price breaks or lot charges. Include proposed payment terms and acceptable payment methods (I.e. Direct Deposit, Credit Card, etc.)

3. Warranties Respondents are to indicate any warranties including both manufacturer's and others, and warranty period associated with your products. Specify service period limitations versus parts and labor.

4. Timeline:

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Outline your proposed timeline for this project. WWU requests awarded contractor adhere to the agreed upon timeline and requires a minimum of seven (7) working days' notice of any unforeseen delays. Delays do not include schedule delays based on contractor’s work schedule commitments. Respondents should include information about the lead time between order and delivery of the requested equipment.

5. References Respondents shall submit three recent customer references of companies you have performed similar work for, one of which should be in Higher Education.

1. Company Name ___________________________________________________________________

Address ___________________________________________________________________

Company Phone Number ____________________________________________________________

Contact Person____________________________________________________________________

Contact Phone Number ________________________ E-mail _______________________________

2. Company Name_________________________________________________________________ __

Address

Company Phone Number ____________________________________________________________

Contact Person____________________________________________________________________

Contact Phone Number ________________________ E-mail _______________________________

3. Company Name___________________________________________________________________

Address _________________________________________________________________________

Company Phone Number ____________________________________________________________

Contact Person____________________________________________________________________

Contact Phone Number ________________________ E-mail _______________________________

6. Return Policy Respondents are to state their firm's return product policy for goods determined to be defective on arrival or damaged. This policy should indicate the prescribed time for notification by the University of any unsatisfactory conditions, length of time until the University is supplied with replacement goods, and procedures for returning goods (e.g., RMA numbers). Western Washington University does not pay shipping charges for damaged goods returned to vendor or for repaired/new goods re-sent to WWU.

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Return policy/procedures:

Notification time:________________________________ Replacement time:_________________________________

7. Return and University Convenience Respondents are to indicate how return policies differ from the question above if the delivered goods are in acceptable condition but WWU finds that, through no error of vendor, that the goods are unusable. Please list associated costs for return of merchandise, if any.

Return policy/procedures:

Notification time:________________________________ Replacement time:________________________________ Restocking fee?:_______________________________

8. Authorized Service Respondents are to indicate for which products on this bid they are factory-authorized representatives.

Respondents are to provide the nearest manufacturer-authorized warranty/service center.

Service Center:

Address:

Contact Person: Phone: Fax : ________________

Email: WWW:____________________________________________

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Appendix A - Certifications and Assurances I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related Contract(s):

1. I/we declare that all answers and statements made in the proposal are true and correct.

2. 1. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition.

However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal.

3. The attached proposal is a firm offer for a period of 60 days following receipt, and it may be accepted by the University without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 60-day period.

4. In preparing this proposal, I/we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this proposal or prospective Contract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

5. I/we understand that the University will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of the University, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal.

6. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening, directly or indirectly to any other Proposer or to any competitor.

7. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample Contract. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document.

8. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

9. I/we grant the University the right to contact references and others, who may have pertinent information regarding the Proposer’s prior experience and ability to perform the services contemplated in this procurement.

Note: Must be submitted electronically.

On behalf of the firm submitting this proposal, my name below attests to the accuracy of the above statements.

Signature of Proposer

Title Date

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Attachment A: Sample Service Agreement

Agreement for Title of Project of Service Contract Reference: Proposal #

This Contract is entered between WESTERN WASHINGTON UNIVERSITY, 516 High St., Bellingham, WA 98225, hereinafter referred to as “University”, and Contractor Name and Address, hereinafter referred to as “Contractor”.

1. Identification of Project:

Long-term student housing in the Methow Valley/Winthrop, Washington, in the form of tiny homes on trailers.

2. Scope of Work:

See Attachment B. RFP SP-WWU2024-1125

3. Contract Term:

The initial term of this Agreement shall be from date of execution by the University. If both Parties agree, the term of this Agreement may be extended through a written amendment signed by both Parties.

4. Pricing and Payment:

Pricing to be inserted after award of RFP.

Specific payment structure information, if applicable:

Changes in pricing may be requested at the time of renewal and adjusted upon written mutual consent of both Parties. Requests for pricing changes must be submitted sixty (60) days prior to the end of the Contract term.

Payment shall be contingent upon review and acceptance of the Contractor’s deliverables by the University.

5. Attachments:

The Contract Documents, except for Modifications issued after execution of the Agreement, will consist of the following (in order of precedence):

A. This Agreement B. Request for Proposal SP-WWU2024-1125 Tiny Homes C. Contractor’s Response to RFP# SP-WWU2024-1125 Tiny Homes

In the event of conflicts or discrepancies among the Contract Documents, interpretations will be based on the order of precedence shown above.

6. Marketing, Publicity & Using the University’s Name, Logo or Other Trademarks and Identifying

Marks:

A. Marketing & Publicity

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Contractor shall not use in its external advertising, marketing programs, publicity or other promotional efforts, whether such efforts are paid strategies or unpaid earned strategies, any data, visual depictions (including photographic, video and animated images), or other representation of the University except on the specific, written authorization in advance by University Marketing.

B. Using the University’s Name, Logo, Trademarks or Other Identifying Marks The Contractor recognizes and acknowledges that all rights and goodwill in the University’s name, logo, trademarks and other identifying marks are the exclusive property of the University. The Contractor may include the University’s name, logo or other identifying marks on its website or other media with prior written permission and final proof approval from the Office of University Marketing at creative@wwu.edu. Such use must comply with the University’s brand standards, including allowable logo usage as outlined on the WWU Design System website. The University reserves the right to terminate the Contractor’s license or permission for such use at any time and without cause being stated.

C. Affiliation The University may announce its affiliation with the Contractor on its website or other media in a manner deemed mutually acceptable to both Parties.

7. Independent Contractor:

The University shall view the legal position of the Contractor as Independent Contractor, and that all persons employed to furnish services hereunder are employees of the Contractor and not of the University. Further, the University shall not be liable for any of the Contractor's acts or omissions performed under this or any other Agreement to which the Contractor is a Party, and the Contractor assumes all legal liability resulting from the performance of its obligations under this Agreement.

If any Contractor employee who will perform work on this contract has retired from the State of Washington under the provisions of the 2008 Early Retirement Factors legislation (ref WAC 415- 02-320), Contractor shall notify the University.

The Contractor is responsible for ensuring compliance with any requirements in 42.52.080 RCW Employment after public service.

8. Termination/Cancellation:

This Agreement may be canceled under the following conditions:

A. In the event the Contractor does not perform the work in accordance with the terms of this contract, this Agreement shall be terminated. Cancellation of this provision may be immediate.

B. As provided in this contract, University may terminate this contract with 30 calendar days written notice, beginning on the second day after the mailing. If this contract is so terminated, the University shall be liable only for payment required under the terms of this contract for services rendered prior to the effective date of termination.

9. Force Majeure:

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The obligations of the Parties shall be suspended and excused if the performance of either is prevented or delayed by acts of nature, earthquakes, fire, flood, or the elements, pandemic, epidemic or similar communicable disease outbreak, malicious mischief, insurrection, riots, strikes, lockouts, boycotts, picketing, labor disturbances, war, compliance with any directive, order or regulation of any governmental authority or representative thereof made under claim or color of authority; loss or shortage of any part of the Contractor's own or customary transportation or delivery facilities, or for any reason beyond the control of the Contractor or University whether or not similar to the foregoing.

10. Loss of Funding:

In the event that funding necessary to the University’s performance under this Agreement is withdrawn, reduced or limited in any way after the effective date of this Agreement and prior to its normal completion, due to the University’s budgetary constraints or the elimination of one or more of the University’s programs, the University may summarily terminate this Agreement as to the funds withdrawn, reduced or limited or the elimination of a program notwithstanding any other termination provisions of this Agreement. If the level of funding is withdrawn, reduced or limited or the elimination of a program is so great that the University deems that the continuation of the performance of obligations covered by this Agreement is no longer in the best interest of the University, the University may summarily terminate this Agreement in whole notwithstanding any other termination provision of the Agreement. Termination under this Section shall be effective upon receipt of written notice thereof.

11. Indemnification and Hold Harmless:

To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless Western Washington University and all its officials, agents, employees and volunteers from and against all claims arising out of or resulting from the performance of the contract, “Claim” as used in this Agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom.

Contractor’s obligation to indemnify, defend, and hold harmless includes any claim by Contractor’s agents, employees, representatives, or any subcontractor or its employees.

Contractor expressly agrees to indemnify, defend, and hold harmless Western Washington University for any claim arising out of or incident to Contractor’s performance or failure to perform the contract. Contractor’s obligation to indemnify, defend, and hold harmless Western Washington University only to the extent claim is caused in whole or in part by negligent acts or omissions of Contractor.

The terms of this provision shall survive the termination of the Contract.

12. Insurance:

Respondent shall provide recommendations for property and liability insurance coverage for tiny houses and provide evidence of insurance coverage as set out in this section. The intent of the required insurance is to protect the University should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the Contractor or subcontractor, or agents of either, while performing under the terms of this Contract.

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Before the start of the Contract, the Contractor shall furnish the University with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified in this Contract. Certificates of insurance shall be sent to Contract Administration Office, Western Washington University, Administrative Services Building, PO Box 29390, 333 32nd Street, Room 142, Bellingham, Washington 98228-1390 or contractadmin@wwu.edu.

All insurance referred to herein shall be issued by companies admitted to do business within Western Washington University and have a rating of A-, Class VIII or better in the most recently published edition of AM Best’s Reports.

The University shall be provided forty-five (45) days advance written notice before cancellation, non-renewal or material change in coverage of any insurance referred to herein.

Western Washington University, its trustees, officers, directors, employees, agents and volunteers shall be named as an additional and the Contractor waives all rights against Western Washington University for recovery of damages to the extent these damages are covered by insurance policies maintained pursuant to this Contract.

This provision shall not apply to Worker’s Compensation.

All insurance provided in…