COMPLETE BIDDING AND CONTRACTING MANUAL

COMPLETE BIDDING AND CONTRACTING MANUAL

INTERPRETIVE CENTER

TRINIDAD RANCHERIA,

HUMBOLDT COUNTY, CALIFORNIA

May 2025

Trinidad Rancheria

Post Office Box 630

Trinidad, CA 95570

(707) 677-0211

Trinity Valley Consulting Engineers, Inc.

67 Walnut Way, Willow Creek, CA 95546

Phone: (530) 629-3000 Email: tvce@tvce.biz

TRINIDAD RANCHERIA

INTERPRETIVE CENTER

BIDDING AND CONTRACTING MANUAL

RECOMMENDED BY:

Jacque Hostler-Carmesin, CEO

Trinidad Rancheria

Joshua T. McKnight, P.E.

RCE 60687 Expires 12/31/26

Date

Date

TABLE OF CONTENTS

Division 00: Procurement and Contracting

001100

002100

002500

004000

004100

004300

004336

004500

004505

004519

005100

005200

005500

006100

007200

007343

009100

Notice to Contractors

Instructions to Bidders

Pre-bid Conference

Bid Form

Bid Schedule

Bid Security

Subcontractor Schedule

Bidder Qualifications

Indian Enterprise Statement of Qualifications

Non-Collusive Affidavit

Letter of Intent to Award (Example)

Construction Contract (Example)

Notice to Proceed (Example)

Construction Contract Security

General Conditions

Wage Rate Requirements

Addenda

Division 01: General Requirements

011000

011400

012400

012500

012613

012657

012900

013100

013200

013300

013591

014000

014500

015000

017100

017400

017800

Summary of Work

Work Restrictions

Value Engineering

Product Substitution

Requests for Interpretation

Change Order Request

Payment Procedures

Project Management and Coordination

Construction Progress Documentation

Submittals

Constraints and Mitigation

Best Management Practices

Quality Control

Temporary Facilities and Controls

Mobilization

Cleaning and Waste Management

Closeout Submittals

Division 02: Existing Conditions

022100

024000

Surveys and Construction Staking

Demolition

Divisions 03: Concrete

033000

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Cast in Place Concrete

Table of Contents

000001-1

Divisions 05: Metals

055500

055510

Metal Fabrications

Metal Handrails & Railings

Division 06: Wood, Plastics, and Composites

061000

061753

064400

064619

068300

Rough Carpentry

Shop Fabricated Wood Trusses

Ornamental Woodwork

Wood Base and Shoe Moldings

FRP Wall Protection

Division 07: Thermal and Moisture Protection

072100

072600

074646

077123

077410

077700

077900

Insulation

Moisture Protection

Exterior Siding and Soffit

Manufactured Gutters and Downspouts

Metal Roofing

Batt & Blanket Thermal Insulation

Joint Sealers

Division 08: Openings

081110

081120

081400

081600

085300

086270

087100

Steel Doors

Steel Frames

Wood Doors

Composite Doors

PVC Windows

Sun Tunnels

Finish Hardware

Division 09: Finishes

092000

092600

093000

096700

099100

099300

Gypsum Board

Wall Protection

Ceramic Tile

Epoxy Fluid Applied Flooring

Painting

Staining and Transparent Finishing

Divisions 10

105220 - Fire Extinguishers, Cabinets & Accessories

Divisions 12: Furnishings

123200

123623

Casework

Countertops Solid Surface

Division 22: Plumbing

0224100

0224200

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Plumbing

Toilet & Misc Accessories

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000001-2

Division 23: HVAC

230000

Mechanical

Division 26: Electrical

260100

Electrical Requirements

Division 27: Communications

270720

271000

Fire Alarm Systems

Telecommunications System

Division 31: Earthwork

311100

312200

312300

312500

Clearing & Grubbing

Grading

Excavation and Fill

Erosion and Sediment Controls

DIVISION 32: Exterior Improvements

321123

321300

321600

Aggregate Base

Asphaltic Concrete Paving (Rigid)

Curbs, Gutters, Sidewalks, and Driveways

Division 33: Utilities

331000

331001

331100

331300

334200

336011

Water Services

Domestic Water Connect to Existing

Water Utility Distribution

Disinfecting of Water Utility Distribution

Drainage Facilities

Phone Services

Attachments

01. Plan Set

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Table of Contents

000001-3

DIVISION 00

PROCUREMENT & CONTRACTING

SECTION 001100

NOTICE TO CONTRACTORS

The Trinidad Rancheria requests sealed bids for the construction of a new building and

associated site work, located at 1 Bay Street, Trinidad, CA. to provide for construction of a

new Interpretive Center.

Timeframes:

Envelopes containing bids should be clearly marked on the outside: Interpretive Center. Sealed

proposals will be received by (and all bids should be mailed, or hand delivered to) the Trinidad

Rancheria:

By Hand:

Trinidad Rancheria,

1 Cher-Ae Lane

Trinidad Rancheria, CA

By Mail:

Trinidad Rancheria,

PO Box 630,

Trinidad, CA. 95570

Bids will be received until Friday, May 30 2025 at 2:00 PM PST at which time the sealed bids

will be publicly opened and read aloud. Bid public opening and reading will be held in the

Trinidad Rancheria Tribal Office, 1 Cher-Ae Lane, Trinidad, CA.

Prior to submitting a bid, all prospective bidders are advised to attend a pre-bid conference.

The pre-bid conference will be held at the project site. The pre-bid conference will be held on

Wednesday, May 14 2025 beginning at 10:00 AM PST.

Bidding and Contracting Manuals & Plan Set will be provided in electronic (PDF) format.

Files will be available on Humboldt Builders Exchange and Trinidad Rancheria Website.

Printed copies can be obtained at the cost of production ($100.00) from Trinity Valley

Consulting Engineers, Inc. at 67 Walnut Way, Willow Creek, CA 95573.

General Specifications:

1) The scope of work for this project is the completion of all work necessary for:

Construction of a new building and associated site work.

2) Upon Notice to Proceed, contractor shall complete all contractual obligations between

____________, 202__ and __________, 202__ which constitutes (ONE HUNDRED

AND EIGHTY (180) CALENDAR DAYS). After which, a liquidated damage charge of

$1000.00 per calendar day is prescribed.

3) Davis Bacon wage requirements shall apply to this project.

4) Tribal and Native American Preference per:

Cher-Ae Heights Indian Community of the Trinidad Rancheria PROCUREMENT POLICY

Adopted by the Cher-Ae Heights Indian Community of the Trinidad Rancheria (Trinidad

Rancheria) Tribal Council by Resolution #TC-18-08 on April 20, 2018. The effective date

of this Statement is April 20, 2018.

a. Issue the solicitation unrestricted to allow both non-Native American and qualified

Native American-owned economic enterprises or organizations to submit bids and award

shall be made to the qualified Native American-owned economic enterprises or

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001100-1

Notice to Contractors

organizations with the lowest responsive bid, if the bid is within the total maximum

contract price established for the procurement and within the applicable range specified in

Appendix A of the lowest non-Native American bid price; or

Attachment A If the bid from the qualified Native American-owned economic

enterprise or organization is within the 10% range of the lowest, non-Native American

firm, the Native American-owned firm will be given the opportunity to meet the lowest bid

price. Should the Native American-owned firm refuse to meet the lower price, the bid shall

then be awarded to the responsive and responsible low bidder for the project. The Trinidad

Rancheria Tribal Council reserves the right to reject any and all bids and to waive any

irregularity or informality which is contained in any bid. All construction is subject to

availability of funds.

5) Work conditions and schedule will be subject to the requirements of both the Coastal

Development Permit (CDP) and Building Permit to be issued for this project.

Note: To meet the requirement of Attachment A the Native American-Owned firm

will be required to adopt the bid schedule as submitted by the lowest responsive

bidder.

Other Requirements:

1) A cash or bond guarantee, in the amount of five percent (5%) of the bid, must accompany the

bid proposal.

2) Retention of 10% of the contract amount will be withheld and paid thirty calendar days after

project completion and approval. Prime contractors shall not withhold retention from

sub-contractors.

3) The successful Bidder shall furnish a payment bond and a performance bond, each in the

amount of 100% of the contract amount, after receiving the Notice of Award.

4) The successful bidder shall provide both a certificate of liability and a certificate of worker’s

compensation, each in the amount of $1,000,000 and each naming the Trinidad Rancheria as

an additional insured. Any question shall be put in writing and directed to Leslie Sanders,

Transportation and Land Use, lsanders@trinidadrancheria.com

5) The Contractor shall comply with and require its subcontractors to comply with all applicable

federal, tribal and state regulations.

6) The Contractor shall comply with and require its subcontractors to comply with all applicable

environmental and historical preservation laws, regulations and requirements of the Trinidad

Rancheria relating to the performance of the work for this project.

7) Cultural Monitoring shall be required during any ground disturbing activities. It is the

responsibility of the contractor to notify the owner 72 hours prior to conducting ground

disturbing activities.

8) Buy America Act applies to this project.

For more information contact:

Leslie Sanders, Transportation Manager

Trinidad Rancheria 707 677-0211

lsanders@trinidadrancheria.com

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Notice to Contractors

001100-2

SECTON 002100

INSTRUCTIONS TO BIDDERS

BID SUBMITTALS AND CONDITIONS

Bids shall be submitted as stated below and per section 001100 Notice to Contractors

The following documents constitute a complete bid and are required to be submitted to form a

responsive bid:

1. 004000 Bid Form

2. 004100 Bid Schedule

3. 004300 Bid Security

4. 004336 Subcontractor Schedule

5. 004500 Bidder Qualifications

6. 004505 Indian Enterprise Qualifications Statement (if claimed)

7. 004519 Non-Collusive Affidavit

Each bid must be submitted in a sealed envelope, addressed:

Trinidad Rancheria,

1 Cher-Ae Lane

PO Box 630,

Trinidad Rancheria, CA 95570

The sealed envelope containing the bid must be plainly marked on the outside as:

BID FOR THE INTERPRETIVE CENTER

The envelope should also bear on the outside the name of the bidder, bidder address, and bidder

license number.

If forwarded by mail, the bid must be received by the date and time of opening. Any bids received

after the time and date of opening resulting from untimely delay due to the mail system or other

methods of conveyance will not be considered.

Bids received prior to the time of opening will be securely kept, unopened. The official who is to

open the bids will decide when the specified time has arrived, and no bid received thereafter will be

considered. No responsibility will attach to office personnel for the premature opening of a bid not

properly addressed and identified. Telegraphic bids or modifications will not be considered.

Any bid may be withdrawn prior to the above scheduled time for the opening of bids or

authorized postponement thereof.

All bids must be made on the provided bid form and schedule. All blank spaces for bid prices

must be filled in, in ink or typewritten, and the bid form must be fully completed and executed

when submitted. A conditional or qualified bid will not be accepted. Each signature page must

bear an original signature, whether within or separate from this document.

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Instructions to Bidders

002100-1

Bidders shall have a current California Contractors License appropriate for the nature of work to be

performed. Bona fide bidders (Licensed and Bonded in accordance with current California State

Contractor’s Law) shall have a State of California Class “B” Contractor’s License. Bidder must

have at least a Class B license allowing for a subcontractor to fulfill the Specialty Class license

requirements. All Subcontractors shall be properly licensed for the services they will be

providing.

After bids have been submitted, the bidder shall not assert that there was a misunderstanding

concerning the quantities of work or of the nature of the work to be done. No bidder may

withdraw a bid within fourteen (14) calendar days after the actual date of the opening thereof.

Should there be reasons why the contract cannot be awarded within the specified period; the time

may be extended by mutual agreement between the Owner and the successful bidder.

WAGE REQUIREMENTS Davis Bacon wage requirements shall apply to this project.

BID REVIEW AND AWARD

The Owner may waive any informalities or minor defects or reject any and all bids.

Award will be made to the lowest responsive, responsible bidder with due consideration for Indian

Preference.

BIDDING INFORMATION

The Owner shall provide to bidders prior to bidding:

An electronic package containing the bid and contract documents necessary to construct the project

per section 001100 NOTICE TO CONTRACTORS

1. A pre-bid site visit is not mandatory.

The contract documents contain the provisions required for the construction of the project.

Information obtained from an officer, agent, or employee of the Owner or any other person shall not

affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the

conditions of the contract.

Bidders must satisfy themselves as to the accuracy of the estimated quantities in the Bid

Schedule (if any) by examining the site and reviewing the drawings and specifications including

addenda (if applicable). The failure or omission to do this shall in no way relieve any bidders

from any obligation in respect to his bid.

Requests for clarification must be in writing, via email to Leslie Sanders, Transportation and Land

Use, lsanders@trinidadrancheria.com and received at least seven working days prior to the bid

opening date. Owner provided clarifications and supplemental instructions will be issued as

addenda to the specifications and provided to all Plan Holders no later than four working days

prior to the bid opening date.

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Instructions to Bidders

002100-2

BIDDER QUALIFICATIONS

Bidders must fill out, sign and submit SECTION 004500 BIDDER QUALIFICATIONS

form as part of the proposal. Bidders must also, if required, present additional satisfactory

evidence that they are fully prepared with the necessary experience, capital, machinery and

materials to furnish the articles called for and to conduct the work as required by the drawings

and specifications.

NON-COLLUSIVE AFFIDAVIT

Each person submitting a bid for any portion of the work contemplated by the bidding

documents shall execute an affidavit, in the form 004519 Non-Collusive Affidavit

provided by the Owner, to the effect that he has not colluded with any other person, firm or

corporation in regard to any bid submitted. Such affidavit shall be attached to the bid and be

considered a part of the complete bid packet.

INDIAN PREFERENCE

Tribal and Native American Preference per:

Cher-Ae Heights Indian Community of the Trinidad Rancheria PROCUREMENT POLICY

Adopted by the Cher-Ae Heights Indian Community of the Trinidad Rancheria (Trinidad

Rancheria) Tribal Council by Resolution #TC-18-08 on April 20, 2018. The effective date of

this Statement is April 20, 2018.

a. Issue the solicitation unrestricted to allow both non-Native American and qualified

Native American-owned economic enterprises or organizations to submit bids and award shall

be made to the qualified Native American-owned economic enterprises or organizations with

the lowest responsive bid, if the bid is within the total maximum contract price established for

the procurement and within the applicable range specified in Appendix A of the lowest nonNative American bid price; or

Attachment A If the bid from the qualified Native American-owned economic

enterprise or organization is within the 10% range of the lowest, non-Native American firm, the

Native American-owned firm will be given the opportunity to meet the lowest bid price. Should

the Native American-owned firm refuse to meet the lower price, the bid shall then be awarded

to the responsive and responsible low bidder for the project. The Trinidad Rancheria Tribal

Council reserves the right to reject any and all bids and to waive any irregularity or informality

which is contained in any bid. All construction is subject to availability of funds.

Note: To meet the requirement of Attachment A the Native American-Owned firm will be

required to adopt the bid schedule as submitted by the lowest responsive bidder.

BONDING REQUIREMENTS

Bid, Performance, and Payment bonds will be required for this project.

Bid bonds totaling no less than five percent (5%) of the total bid and payable to the Owner shall

accompany any bid. A cashier’s check may be used in lieu of a bid bond. As soon as the bid prices

have been compared, the Owner will return the bonds of all except the three lowest responsible

bidders. When the Agreement is executed, the bonds of the two remaining unsuccessful bidders

will be returned. The bid bond of the successful bidder will be retained until the Payment and

Performance bonds have been executed and approved, after which it will be returned.

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Instructions to Bidders

002100-3

Performance and Payment bonds, each totaling 100% of the Contract price, with a corporate surety

approved by the Owner, shall be provided to the Owner when the Agreement is executed.

Attorneys-in-fact who sign Bid, Payment, and Performance bonds must file with each bond a

certified and effective dated copy of their power of attorney.

The Owner may make such investigations, as they deem necessary to determine the ability of the

bidder to perform the work. Bidders shall be prepared to furnish such information and data for this

purpose at the Owner’s request. The Owner reserves the right to reject any bid if the evidence

submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly

qualified to carry out the obligations of the Agreement and to complete the work contemplated

therein.

The successful bidder will be required to execute an Agreement and obtain the Performance and

Payment bond, if required, within ten calendar days from the date when the Notice of Award is

delivered to the bidder. In case of failure of the bidder to execute the Agreement, the Owner

may at their option consider the bidder in default, in which case any bid bond accompanying the

proposal shall become the property of the Owner.

The Owner, within fourteen calendar days of receipt of the Agreement and any required

Performance and Payment bonds signed by the party to whom the Agreement was awarded,

shall sign the Agreement and return to such party an executed duplicate of the Agreement.

Should the Owner not execute the Agreement within such period, the bidder may provide a

written notice of withdraw of his signed Agreement. Such notice of withdrawal shall be effective

upon receipt of the notice by the Owner.

NOTICE TO PROCEED

The Owner will issue the Notice to Proceed within fourteen calendar days after the Agreement is

fully executed. Should there be reasons why the Notice to Proceed cannot be issued within such

period; the time may be extended by mutual agreement between the Owner and Contractor. If the

Notice to Proceed has not been issued within the acceptable period or within the period mutually

agreed upon, the Contractor may terminate the Agreement without further liability on the part of

either party.

OTHER REQUIREMENTS

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction

over construction of the project shall apply to the contract throughout.

The successful bidder shall abide by the requirements under Executive Order No. 11246, as

amended, including specifically the provisions of the equal opportunity clause set forth in the

General Conditions.

The successful bidder will be required to supply the names and addresses of major material

suppliers and subcontractors to the Owner as part of their bid and within fourteen calendar days of

receipt of the Notice to Proceed (supplemental to the Schedule of Subcontractors provided with

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Instructions to Bidders

002100-4

bid). In the event that major suppliers or subcontractors differ from those provided during bidding

the Contractor will be required to provide a fully executed subcontractor release in strict

conformance to the California Subletting and Subcontracting Fair Practices Act Public Code

Section 4100-4113.

The successful bidder shall supply submittals information in accordance with the submittals

section of the contract documents.

CULTURAL MONITORING

Cultural monitoring is required under this contract agreement for any ground disturbing

activities. During construction the Contractor is to adhere to the requirements of Section 013591

Constraints and Mitigation in the event of discovery of sensitive items as defined and explained

therein.

FEDERAL REQUIREMENTS

1. The work to be performed under this Contract is on a project subject to section 7(b) of the

Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e (b) which

requires that to the greatest extent feasible: (a) preference and opportunities for training and

employment shall be given to Indians; and (b) preferences in the award of contracts and

subcontracts shall be given to Indian organizations and Indian-owned Economic

Enterprises. The parties to this Contract shall comply with the provisions of section 7(b) of

this Act. In connection with this Contract, the Contractor shall, to the greatest extent

feasible, give preference in the award of any subcontracts to Indian organizations and

Indian-owned Economic Enterprises, and preferences and opportunities for training and

employment to Indians. The Contractor shall include this section 7(b) clause in every

subcontract in connection with the Contract, and shall, at the direction of the Owner, take

appropriate action pursuant to the subcontract upon a finding by the Owner that the

subcontractor has violated this section 7(b) clause of this Act.

2. Compliance with Executive Order 11246 of September 24, 1965 entitled “Equal

Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and

as supplemented in Department of Labor regulations (41 CFR Chapter 60) (All construction

contracts awarded in excess of $10,000).

3. Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in

Department of Labor regulations (29 CFR part 3) (All contracts and sub grants for

construction or repair).

4. Compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by

Department of Labor regulations (29 CFR part 5) (Construction contracts in excess of

$2,000 when required by Federal grant program legislation).

5. Compliance with Sections 103 and 107 of the contract Work Hours and Safety Standards

Act (40 U.S.C.).

6. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5)

(Construction contracts in excess of $2,000, and in excess of $2,500 for other contracts

which involve the employment of mechanics or laborers).

7. Access to and retention of records for a period of three (3) years relating to this Project as

required by 24 CFR 85.36(j) (10) and (11). Cooperation and provision of all necessary

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Instructions to Bidders

002100-5

information and documentation as may be required for reporting relating to this project.

8. Affirmative steps to assure that minority firms, women’s business enterprises, and labor

surplus area firms are used when possible (24 CFR 85.36(e); E.O. 11625).

9. No award or subcontract at any tier to any party which is debarred or suspended or is

otherwise excluded from or ineligible for participation in Federal assistance programs under

Executive Order 12549, “Debarment and Suspension”.

10. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501-1508) and the

Intergovernmental Personnel Act of 1970 as amended by Title VI of Civil Service Reform

Act (Pub. L. 95-454 Section 4728) prohibiting use of federally appropriated funds for

influencing or attempting to influence the award of any federal monies and to make such

reports and disclosures as are required there under. The signing of the contract in which this

Attachment is referenced is a certification of agreed compliance.

11. Prohibition against personal or financial interest in or benefit from this contract obtained by

certain affiliates, associates, board members or employees of the Owner or its grantees,

either from themselves, or their families, or business associates, during their tenure or for

one year thereafter.

12. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et seq.)

and implementing regulations at 24 CFR 570.608, as well as compliance with the

requirements regarding asbestos of 40 CFR Part 61 and 40 CFR Part 763, as well as 29

CFR 1910.1001 and 1926.58.

13. Except as Indian Preference requirements, compliance with prohibitions against

discrimination as provided by Title VI of the Civil Rights Act of 1976 (Pub. L. 88-352),

Age Discrimination Act of 1975, and the implementing regulations at 24 CFR Part 146,

Section 504 of the Rehabilitation Act of 1973, as amended, 24 CFR Part 8, title VIII of the

Civil Rights Act of 1968; 25 U.S.C. 1301-1303.

14. In part, because of agreements regarding the monies utilized to fund this contract and

federal requirements, the Owner has reserved certain rights to licenses and copyrights

regarding work developed, or purchases made, relating to said funds.

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Instructions to Bidders

002100-6

SECTION 002500

PRE-BID CONFERENCE

PART 1

1.1

GENERAL

Description

A. The Pre-bid Conference is a formal meeting held and hosted by the Owner, technical

support personnel, and the Project Manager to officially convey the vital aspects of the

project, bidding process and requirements, and to field the inquiries of potential bidders.

In addition to covering the key aspects of the construction project and the bidding

formalities prospective bidders will also have an opportunity to visit the project site.

B. Attendance of prospective bidders at the pre-bid meeting is not mandatory.

C. The pre-bid meeting is scheduled for Wednesday, May 14 2025 at 10:00 AM PST.

D. The pre-bid conference will be held at project site

1 Bay Street, Trinidad, CA

PART 2

2.1

PRODUCTS

Documentation

A. Contractors attending the pre-bid conference will be provided a formal Agenda and

minutes following the meeting. Contractors will be required to sign an official Sign-In

Sheet to document attendance.

PART 3

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EXECUTION (NOT USED)

Pre-Bid Meeting

002500-1

SECTION 004000

BID FORM

PROPOSAL OF

(hereinafter called "Bidder"), organized and existing under the laws of the State of California, doing

business as

(a corporation, a partnership, an individual, etc.)

to the Trinidad Rancheria (hereinafter called "Owner").

In compliance with the Advertisement for Bids, Bidder hereby proposes to perform all work for the

completion of the project as described under Section 011000 and all other appurtenant items in strict

accordance with the Contract Documents, within the time set forth therein, and at the prices stated

in the Bid Schedule, also included herein.

By submission of this Bid, the Bidder certifies, and in the case of a joint Bid each party thereto

certifies as to Bidder’s organization, that this BID has been arrived at independently, without

consultation, communication, or agreement as to any matter relating to this Bid with any other Bidder

or with any competitor.

Bidder hereby agrees to commence work under this contract on or before a date, to be specified in

the Notice to Proceed, and to fully complete the project within the allocated timeframe. Bidder

further agrees to pay as liquidated damages, the sum of $1,000.00 per calendar day for every day

beyond the agreed upon date of completion as provided in the General Provisions (Time for

Completion and Liquidated Damages section).

Bid Grand Total Amount:

(Numeric Amount)

(Written Amount)

Bidder agrees to perform all the work described in the Contract Documents for the unit prices or

lump sum stated in the Bid Schedule.

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Bid Form

004000-1

Bid Respectfully Submitted:

Date

Bidder

Address

License No.

Expiration Date

Print Name

Title

Signature

SEAL – (if BID is by a corporation)

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Bid Form

004000-2

004100

BID SCHEDULE

Item

1

2

3

4

5

6

7

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

Description

General Conditions

Mobilization / Demobilization

Erosion Control

Temporary Facilities

Demolition

Building Pad/Slab & Foundation System

Misc. Concrete

Framing

Shop Fabricated Wood Trusses

Wood Base & Shoe Molding

Insulation

Moisture Protection

Siding & Soffit

Seamless Gutters & Downspouts

Metal Roof System

Sun Tunnels

Windows & Doors

Entryway Door

Sheetrock System

Ceramic Tile System

Vinyl Flooring

Paint, Stain, & Seal

Casework

Countertops

Fire Suppression System

Plumbing Rough In

Plumbing Finish

HVAC

Electrical Rough In

Electrical Finish

½” Type A Hot Mix Asphalt Concrete

Utilities Connections

Caltrans Type G1 Drop Inlets

18” HDPE Storm Drain

6” Drain Pipe (Downspout to DI)

Connect (N) 18”SD to (E) Drain System

Kitchen Equipment

Furniture and Fixtures

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Unit

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

LS

Ton

LS

EA

LF

LF

LS

LS

LS

Bid Schedule

Quantity

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

48

1

3

116

1

1

1

1

Unit Price

Item Total

004100-1

Base Bid Total:

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Option 1 – Epoxy Fluid Flooring:

________________________

Option 2 – Kitchen Equipment::

________________________

Option 3 – Furniture and Fixtures:

________________________

Bid Schedule

004100-2

SECTION 004300

BID SECURITY

PART 1

1.1

GENERAL

Description

A. The Bid Guarantee provided by the Contractor is a submittal, with the Bid, affirming that the

Contractor has the financial capability to undertake the proposed project.

B. The Bid Security for this project will need to be provided in one of the acceptable forms

listed under Part 2 below and shall be for no less than five percent (5%) of the total Bid.

PART 2

2.1

PRODUCTS

Bid Security Types

A. Per industry standard and applicable regulations there will be four (4) types of acceptable

Bid Security for this project. the security types are as follows:

a.

b.

c.

d.

PART 3

3.1

Bank Certified Check

Bank Draft

US Government Bond

Surety Bid Bond

EXECUTION

Surety Bid Bond

A. For Surety Bid Bonds a form has been included in this Section to be filled out by the

Contractor and provided with the Bid.

TVCE

Bid Bond

004300-1

SURETY BID BOND FORM

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,

as Principal, and

as Surety, are hereby held

and firmly bound unto the Trinidad Rancheria, as Owner in the penal sum of

for payment of which, well and truly to be made, we hereby jointly and

severally bind ourselves, successors and assignees.

Signed, this

day of

, 20

.

The Condition of the above obligation is such that whereas the Principal has submitted to the Owner

a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for

the completion of the Interpretive Center as described under Section 011000 of the Contract

Documents and all other appurtenant items in strict accordance with the contract documents, within

the time set forth therein, and at the prices stated in the Bid Schedule.

NOW, THEREFORE,

(a)

If said BID shall be rejected, or

(b)

If said BID shall be accepted and the Principal shall execute and deliver a contract in the

form attached hereto (properly completed in accordance with said BID) and shall furnish a BOND

for his faithful performance of said contract, and for the payment of all persons performing labor or

furnishing materials in connection therewith, and shall in all other respects perform the agreement

created by the acceptance of said BID, then this obligation, shall be void, otherwise the same shall

remain in force and effect; it being expressly understood and agreed that the liability of the Surety

for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as

herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and

its BOND shall be in no way impaired or affected by any extension of the time within which the

OWNER may accept such BID; and said Surety does hereby waive notice of any such extension.

TVCE

Bid Bond

004300-2

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and

such of them as are corporations have caused their corporate seals to be hereto affixed and these

presents to be signed by their proper officers, the day and year first set forth above.

Principal

BY:

(Seal)

Surety

BY:

(Seal)

IMPORTANT - Surety companies executing BONDS must be authorized to transact business in the

state of California.

TVCE

Bid Bond

004300-3

(Submit with Bid)

SUBCONTRACTOR SCHEDULE

Provided in strict accordance with the Miller Act, Prompt Payment Act, Small Business Act, and

California Subletting and Subcontracting Fair Practices Act Public Code Section 4100-4113.

The undersigned bidder certifies that he has used the bids of the following subcontractors in

making up his bid and that the subcontractors listed will be used for the work on which they bid.

Item or Portion of

Work to be done by

Subcontractor

Subcontractor's Name

under which Licensed

Location

Place of Business

(If Space is Insufficient for listing all Subcontractors please attach additional sheets)

The foregoing is submitted by the bidder in accordance with the acts listed above, and the bidder,

if awarded the contract, agrees to fully and promptly comply with such Acts including payment

to subcontractors for "satisfactory" performance within seven days of government payment

receipt. Bidder certifies and warrants that all subcontractors listed above are, and when

performing their subcontracts will be, dully licensed by the State of California to perform the

work or services to be done by the subcontractor.

Name of Bidder:

Authorized Signature by:

Title of Signer:

TVCE

Subcontractor Schedule

004336-1

SECTION 004500

BIDDER QUALIFICATIONS

Legal Business Name:

D.B.A.:

Point of Contact:

SSN or EIN:

Business Address:

City:

Telephone:

CA State License Number:

Type(s):

DUNS:

How long in business?

How many employees?

Are you an equal opportunity employer? Yes / No (Circle One)

Are you eligible to perform state or federal government work? Yes / No (Circle One)

Bank Reference:

Insurance carrier:

TVCE

Bidder Qualifications

004500-1

List three similar construction jobs by name and address completed within the last five (5) years.

Provide Point of Contact Name and Number for each job:

List Major Construction projects your organization has under contract on this date (attach additional

sheets if needed to fully list current projects):

Project Name

Owner

Contract Amount

% Complete

Scheduled Completion

List the construction experience of the principal individuals of your organization (include designated

foreman for this job):

Name

Title

TVCE

Bidder Qualifications

Experience (years)

004500-2

Conflict of Interest: Are you or any member of your family related to any employee of the Owner or

member of the governing board of the Owner?

Yes / No (Circle One) If yes, please explain relationship(s):

Have you ever failed to complete any work awarded to you? Yes / No (Circle One) if yes, attach a

description of each occurrence.

Has any officer or partner of your organization ever been an officer or partner of another organization

that failed to complete a construction contract? Yes / No (Circle One) if yes, attach a description of

each occurrence.

Have you received any citation or been assessed penalties for safety violations from any

governmental agency? Yes / No (Circle One) if yes, attach a description of each citation.

Have you been fined, penalized, or otherwise found to have violated any prevailing wage or labor

code provision within the past five (5) years? Yes / No (Circle One) if yes, attach a description of

each occurrence.

Have you had any claims, litigation, or disputes ending in mediation or arbitration, or termination of

contract for cause associated with any project in the past five (5) years? Yes / No (Circle One) if yes,

attach a description of each instance including details of the total claim amount, settlement amount,

and the owner's point of contact name and phone number.

In the last five (5) years has your firm, or any firm with which any of your company's owners,

officers, or partners were or are associated with, been debarred, disqualified, removed, or otherwise

prevented from bidding on, or completing, any government agency or public works projects for any

reason? Yes / No (Circle One) if yes, attach a description of each instance including details and

owners' point of contact name and phone number.

In the last five (5) years has your firm been denied an award of a government agency or public works

contract based on a finding that your company was not a responsible bidder? Yes / No (Circle One)

if yes, attach a description of each instance including details and the owner's point of contact name

and phone number.

At any time in the past five (5) years has your firm been assessed and paid liquidated damages after

completion of a project, under a construction contract with either a public or private owner? Yes /

No (Circle One) if yes, attach a description of each instance including details and the owner's name

and phone number.

TVCE

Bidder Qualifications

004500-3

By signing and submitting this form you are attesting that the information provided is true and

correct, to the best of your ability and knowledge. You also acknowledge that deliberate falsification

of information submitted under this section can and will be used as grounds for disqualification as a

responsible bidder for this project.

Date:

Signature of License Holder

Date:

Signature of Company Representative (if different)

TVCE

Bidder Qualifications

004500-4



SECTION 004505

STATEMENT OF QUALIFICATIONS

ALASKA NATIVE OR INDIAN OWNED ENTERPRISES

The undersigned certifies under oath the truth and correctness of all answers to questions made

hereinafter:

Applicant wishes to qualify as an "Economic Enterprise" as defined in Section 3(e) of the Indian

Financing Act of 1974 (P.L. 93-262); that is: "an Indian-Owned... commercial, industrial or business

activity established or organized for the purpose of profit: Provided, that such Indian ownership shall

constitute not less than fifty-one percent (51%) of the enterprise", or,

A "Tribal Organization" as defined in Section 4(c) of the Indian Self-Determination and Education

Assistance Act (P.L. 93-638); that is: "the recognized governing body of any Indian Tribe; any

legally established organization of Indians which is controlled, sanctioned or chartered by such

governing body or which is democratically elected by the adult members of the Indian community

to be served by such organization and which includes the maximum participation of Indians in all

phases of its activities: Provided, that in any case where a contract is let or grant made to an

organization to perform services benefiting more than one Indian Tribe, the approval of each such

Indian Tribe shall be a prerequisite to the letting or making of such contract or grant..."

1. Legal Name of Enterprise or Organization:

Address:

Telephone No.:

Fax No.:

2. Check One:

Corporation

Joint Venture

Partnership

Sole Proprietorship

Other (Specify)

TVCE



Statement of Qualifications

004505-1



3. If a Corporation, answer the following:

Date of incorporation:

State of Incorporation:

Give the names and addresses of the officers of the corporation and establish whether they are Indian

(I) or Non- Indian (NI).

Name and SS#

I or NI

Title

Address

% of Stock

Ownership

President

Vice-President

Secretary/Clerk

Treasurer

Complete the following information on any stockholder who is not listed in C above, owning 51%

or more of the stock. Establish whether they are Indian (I) or Non-Indian (NI).

Name

Social

Security #

I or NI

Address

% of Stock

Ownership

Will any officer listed be engaged in outside employment? If yes please provide their name, title,

and how many hours per week of outside employment they will be performing.

Yes

TVCE



No

Statement of Qualifications

004505-2



4. If a Sole Proprietorship or Partnership, answer the following:

Date Organization Formerly Created:

Give the following information on the individual or partners and establish whether they are Indian

(I) or Non-Indian (NI).

Sole Proprietorship:

Name

Social Security #

I or NI

Address

Partnership:

Name

Social

Security #

I or NI

Address

% Ownership

Will any partner listed be engaged in outside employment? If yes please provide their name, title,

and how many hours per week of outside employment they will be performing.

Yes

TVCE



No

Statement of Qualifications

004505-3



5. If a joint Venture, provide the following:

Date of Joint Venture Agreement:

Attach the following information for each member of the joint venture. Identify the Principal

Spokesperson.

Name:

Address:

Telephone Number:

6. Does this enterprise have any subsidiaries or affiliates or is it a subsidiary or affiliate of another

concern?

Yes

No

If yes, complete the following:

Name and Address of subsidiary, affiliate or other concerns

Description of Relationship

7. Does this enterprise or any person listed above have or intend to enter into any type of agreement

with any other concern or person which relates to or affects the on-going administration,

management or operations of this enterprise? These include but are not limited to management,

and joint venture agreements and any arrangement or contract involving the provision of such

compensated services as administrative assistance, data processing, management consulting of

all types, marketing, purchasing, production or other type of compensated assistance.

Yes

No

If yes, attach a copy of any written agreement or an explanation of any oral or intended agreement.

TVCE



Statement of Qualifications

004505-4



8. Indicate the core crew employees in your work force, their job titles, and whether they are Indian

or Non-Indian. Core crew is defined as an individual who is a current bona-fide individual who

is regularly employed by the contractor in a supervisory or other key position when work is

available.

Core Crew

Name

Title

I or NI

9. Over the past three years, what has been the average number of employees?

10. Attach evidence showing membership in a tribe or other evidence of enrollment in a federally

recognized tribe or qualification as a California Indian according to federal law.

11. Attach a certified copy of the charter, articles of incorporation, by-laws, partnership agreement,

joint venture agreement and/or other pertinent organizational documentation.

TVCE



Statement of Qualifications

004505-5



Omission of any information may be cause for this statement not receiving timely and complete

consideration.

The person(s) signing below certify that all information in the statement, including exhibits and

attachments, is true and correct.

Print or type name with applicable signature(s).

If applicant is a Sole Proprietor, sign below:

Name

Signature

Date

If applicant is in a Partnership or Joint Venture, all Partners must sign below, attached additional

signature pages, if needed:

Name

Signature

Date

Name

Signature

Date

If applicant is a corporation, affix corporate seal:

Name

President’s Signature

Date

Attested by:

Corporate Officer Signature

TVCE



Statement of Qualifications

004505-6

SECTION 004519

NON-COLLUSIVE AFFIDAVIT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the

document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of

County of

,

being first duly sworn, deposes and states:

That s/he is,

the party making the foregoing proposal for bid, that such proposal or bid is genuine and not collusive

or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with

any bidder or person, to put in a sham bid or to refrain from bidding, and has not, in any manner,

directly or indirectly, sought by agreement or collusion, or communication or conference, with any

person, to fix the bid price of affiant or of any other bidder, or to fix any overhead, profit or cost

element of said bid price, or of that of any other bidder, or to secure any advantage against the Owner

or any person interested in the proposed contract, and that all statements in said proposal for bid are

true.

Project Name:

Location:

(Signature must be notarized)

(Name and title)

(Date)

Subscribed and Sworn (or affirmed) to before me on

this

day of

, 20

by

proved

to me on the basis of satisfactory evidence to be the

person who appeared before me.

Signature of Notary

Seal

TVCE

Non-Collusive Affidavit

004519-1

SECTION 005100

LETTER OF INTENT TO AWARD

[EXAMPLE]

[Contractor Name and Address]

The TRINIDAD RANCHERIA conducted a formal Request for Bids for the Interpretive

Center Project, in Trinidad, California. Proposals were received by Trinidad Rancheria until

2:00 PM (PST) on Friday May 30, 2025. Proposals are a matter of public information.

We are pleased to inform you that your proposal in the amount of:

and a total construction time of: 180 Calendar Days

has been selected by the Trinidad Rancheria.

Please prepare and submit by

the necessary documentation

noted below and contained within the Bidding & Contracting Manual so that we may prepare the

Construction Contract and issue a Notice to Proceed to you for this project:

1. Construction Contract Security

2. Certificate of Insurances

3. Tentative Construction Schedule

If you have any questions or need additional information, please feel free to contact

Leslie Sanders, Transportation Manager

Trinidad Rancheria 707 677-0211

lsanders@trinidadrancheria.com

Respectfully,

TVCE

Letter of Intent to Award

005100-1

CONTRACT AGREEMENT

PROJECT

THIS CONTRACT AGREEMENT IS BETWEEN:

Cher-Ae Heights Indian Community

of the Trinidad Rancheria

P.O. Box 630

Trinidad, CA 95570

707-677-0211

Contractor Information

Name

Address

City, State, ZIP

Phone

******************************************************************************

FOR THE TRINIDAD RANCHERIA TRIBAL COUNCIL

Department:

Transportation and Land Use

Contact Person:

Leslie Sanders, Transportation Manager

Phone Number:

(707) 825-2738

******************************************************************************

Brief Description of Contract:

To Construct the Project, located in Trinidad Rancheria Proper, Trinidad California, according to

all PLANS and CONTRACT DOCUMENTS as attached in Exhibit A

__20xx-xx-xxx___

Contract Number

__________________

Fiscal Department

Reviewed By These Departments:

CEO: _________

FISCAL: _________

Dated: _________

Dated: _________

_________________

Date

Independent Contractor Agreement

CONTRACT FOR SERVICES

This Contract Agreement, made this day, ____________ between [Contractor], hereinafter called

Contractor, and the Cher-Ae Heights Indian Community of the Trinidad Rancheria, hereinafter

called Tribe, witnesseth:

1. Effective Dates

This Agreement shall become effective as of the date of execution by Tribe, and shall

continue until ________________ or the work under this contract is 100 percent completed

and accepted unless amended or terminated in accordance with the provisions in Articles

20, 21 or 22 of this agreement.

2. Independent Contractor

It is the express intent of the parties that Contractor is an independent Contractor and not

any employee, agent, joint venture or partner of the Tribe. Nothing in this Agreement shall

be interpreted or construed as creating or establishing the relationship of employer and

employee between Tribe and Contractor or any employee or agent of Contractor. All work

product developed by Contractor shall be deemed owned and assigned to Tribe. This

Agreement is not authority for Contractor to act for Tribe as its agent or make commitments

for Tribe. Contractor retains the discretion in performing the tasks assigned within the

scope of work specified. Both parties acknowledge that Contractor is not an employee for

state or federal tax purposes. Contractor shall retain the right to perform services for others

during the term of this Agreement so long as the performance of these services does not

interfere or conflict with the completion of the Project.

3. Taxpayer Identification Number

Prior to commencing the Project, Contractor must provide Tribe with a valid Employer

Identification Number (EIN) from the IRS. If Contractor does not have a valid EIN,

Contractor must complete and submit a duly executed Form W-9 to the IRS and obtain an

EIN before payment can be made.

a. [Contractor] EIN # xx-xxxxx

4. Tax Reporting and Filing

Contractor acknowledges and agrees that he/she shall be responsible (as a self-employed

individual) for filing all tax returns, tax declarations, and tax schedules, and for the payment

of all taxes required, when due, with respect to any and all compensation earned by

Contractor under this Agreement. Tribe will not withhold any employment taxes from

TRINIDAD RANCHERIA CONTRACT WITH [contractor]

[date]

compensation it pays Contractor. Rather, Tribe will report the amount it pays Contractor

on IRS Forms 1099, to the extent required to do so under applicable Internal Revenue Code

provisions and state or local law. Contractor is not the Tribe’s employee, and Contractor is

responsible for paying all required state and federal taxes.

5. No Benefits

None of the benefits, if any, which are provided by the Tribe to its employees, shall be

available to Contractor (or his employees, or sub-Contractors, if any, which for purposes

of this paragraph shall be included in the term "Contractor").

Contractor's exclusion from benefit programs maintained by Tribe is a material term of

the terms of compensation negotiated by the Parties and is not premised on Contractor's

status as a non-employee with respect to Tribe. To the extent that Contractor may become

eligible for any benefit programs maintained by Tribe (regardless of the timing of or reason

for eligibility). Contractor hereby waives the right to participate in these programs.

Contractor's waiver is not conditioned on any representation or assumption concerning

Contractor's status under the common law test. Contractor agrees that, consistent with an

independent Contractor status, Contractor will not apply for any government-sponsored

benefits that are intended to apply to employees, including, but not limited to,

unemployment benefits.

6. Project Covered

The Tribe hereby engages Contractor to provide the following services, which the

Contractor herby agrees to perform, hereinafter called the Project.

a. Contractor shall perform all of the work described in the complete bidding and

contracting documents (hereinafter referred to as the Contract Documents) and

comply with the terms therein and commence and complete the entire Project.

b. Contractor shall furnish, at the contractor’s expense, all materials, supplies, tools,

equipment, labor transportation, utilities, cost of construction, and other services

necessary for the construction and completion of the Project.

c. Contractor shall commence the work required by the Contract Documents within

14 calendar days of the Notice to Proceed.

d. Contractor shall complete all construction activities by One Hundred and Eighty

(180) Calendar Days unless the period of construction is extended by change order

or modification of the contract made in accordance with this contract.

e. Contractor shall perform all of the work describe in the Contract Documents and

comply with the terms therein for the sum of [contract amount written out ]

($xxxxxxxxx) as stated in the Bid Schedule submitted by the Contractor and

incorporated herein by reference, as such sum(s) may be amended by change order

or modification of the contract made in accordance with this contract.

TRINIDAD RANCHERIA CONTRACT WITH [contractor]

[date]

f. In accordance with section 007200 General Conditions, 25 Time of completion and

Liquidated Damages, 25.3 If the Contractor shall fail to complete the work within

the time for completion, or extension of time granted by the Contract Manager, then

the Contractor will pay to the Owner the amount for liquidated damages as

specified in the contract documents for each calendar day that the work shall be

incomplete after the date established by the time for completion. Liquidated

Damages for this contract shall be one thousand dollars ($1,000.00) US Currency

per calendar day.

g. Per Section 001100 Notice to Contractors, other requirements 2) “Retention of

10% of the contract amount will be withheld and paid thirty calendar days after

project completion and approval. Prime contractors shall not withhold retention

from sub-contractors.”

7. Change Orders

Change Orders may be issued periodically to alter the contract work, sum, or schedule to

deal with unanticipated conditions or events. Change Orders shall be written and shall be

effective only after being processed by the Tribe, which includes review by the CEO,

approval by the Tribal Chair, and execution by the Project Manager. The Contract Sum

and Contract Time may only be changed by Change Order.

8. Method of Performing Services

Contractor will determine the method, details and means of performing the abovedescribed services in compliance with the terms of this contract. The Contractor shall

provide all services in accordance with applicable, local, tribal, state, federal laws, and the

terms and conditions of this agreement.

9. No Training or Instructions

Tribe enters into this Agreement based on Contractor's demonstrated ability to perform the

type of services that it believes, and that Contractor has represented, are needed to

accomplish the Project. Consequently, the Tribe does not contemplate providing

Contractor with any training or instructions with respect to the Project.

10. Employment of Assistants

Contractor may, at Contractor’s own expense, employ such assistants, as Contractor deems

necessary to perform the services required of Contractor by this Agreement. The Tribe may

not control, direct, or supervise Contractor's assistants or employees in the performance of

those services. Contractor assumes full and sole responsibility for the payment of all

compensation and expenses of unemployment insurance, Social Security, disability

insurance and other applicable withholdings. Contractor agrees to provide proof of workers'

compensation insurance for assistants he/she engages. Contractor is responsible for acts or

omissions of employees, sub-Contractors and other persons performing portions of work

TRINIDAD RANCHERIA CONTRACT WITH [contractor]

[date]

under the contract for the Contractor. Contractor agrees to hold Tribe harmless against all

liabilities attributable to the obligations imposed on Contractor under this Paragraph.

11. Compensation

a. In consideration for the services to be performed by Contractor, Tribe agrees to pay

Contractor:

$[contract amount]

b. Payment for work rendered by Contractor shall be made from Account Number:

[account numbers}

12. Method of Payment

a. Invoices: Contractor shall submit invoices by the 10th of each month, for all work

rendered during the preceding month. Schedule of Values for this Project to match

section 004100 Bid Schedule as submitted with the Contractors bid, as such sum(s)

may be amended by change order or modification of the contract made in accordance

with this Contract.

b. Date for payment of compensation: Invoices received for work completed, and

accepted according to terms, conditions, and specifications of this Contract will be

processed and checks issued (not to exceed 60 days from the date the invoice is

received) by the Trinidad Rancheria Fiscal Department

13. Equipment, Tools, Materials, or Supplies

Contractor shall provide all equipment, tools, materials, or supplies. Tribe shall not be

responsible for expenses incurred by Contractor in performing services for Tribe.

14. Liability Insurance

Contractor is required to keep in force a valid workmen’s comp. insurance policy covering

his workers during the time of construction, and to take precautions that subcontractors are

doing the same. Tribe’s employees and agents are not the responsibility of the Contractor

for such coverage.

Contractor shall keep in force a policy of general liability with a one million dollar per

occurrence limit and name the Tribe as additional insured. Dated coverage sheets for

contractor’s required insurance shall be provided.

15. Contractor’s Business Activities

a. Contractor is an independent Contractor and may engage in other business activities

at the same time service is provided to Tribe.

TRINIDAD RANCHERIA CONTRACT WITH [contractor]

[date]

b. Contractor shall not during the term of this Agreement solicit Tribe’s employees or

accounts on behalf of Contractor or another entity.

c. Contractor shall devote such time, attention, and energy to the business and affairs

of Tribe as requested by Tribe, and in any event no less that the amount of time

required to do a satisfactory completion of the required Project.

16. Confidential Information

Contractor shall not disclose, publish, or authorize others to publish design data, trade

secrets, drawings, specifications, reports or other information pertaining to the work

assigned to Contractor by Tribe. Contractor agrees to refrain from disclosing, during the

term of this Agreement, or at any time thereafter, any of the information to any third person

or persons, or business organizations without the prior written consent of the Tribe.

17. Representations and Warranties.

Contractor represents and warrants:

a. That Contractor has no obligations, legal or otherwise, inconsistent with the terms

of this Agreement or with Contractor’s undertaking this relationship with Tribe.

b. That the performance of the services called for by this Agreement do not and will

not violate any applicable law, rule, or regulation or any proprietary or other right

of any third party.

c. That Contractor has not entered or will enter into any agreement (whether oral or

written) in conflict with this Agreement.

18. Assignment

The rights of each party under this Agreement are personal to that party and may not be

assigned or transferred to any other person, firm, corporation, or other entity without the

prior, express, and written consent of the other party.

19. Cooperation of Tribe

Tribe agrees to comply with all reasonable requests of Contractor (and provide access to all

documents) reasonably necessary to the performance of Contractor’s duties under this

Agreement. Tribe guarantees that Contractor and his employees and agents shall have right

of entry to the premises for the duration of the Project, and that if entry is denied for any

reason, no action against Contractor shall be valid for nonperformance or delay of Project.

20. Termination

Either party may terminate this Agreement upon ten (10) days written notice to the address

of the other party contained in this Agreement.

TRINIDAD RANCHERIA CONTRACT WITH [contractor]

[date]

21. Termination by Default or Material Breach

In the case of default or material breach of this Agreement by one Party, the other Party shall

have the right to terminate this Agreement with no advance notice, only after providing the

breaching Party with notice of the breach and the breaching Party fails to cure the breach

within ten (10) days after receipt of the notice of breach. For the purposes of this section, a

material breach of this Agreement shall include, but not be limited to the following: failure

to provide services as specified, failure to complete project within the time specified in

Section 1.

22. Termination for Failure to Make Agreed-Upon Payments

Should Tribe fail to pay Contractor all or any part of the compensation set forth in Article 4

of this Agreement as specified, Contractor may terminate this Agreement if Tribe does not

remedy such failure within thirty (30) days of receipt of written notice from Contractor of

the breach.

23. Notices

Any notice provided for or concerning this Agreement shall be in writing and be deemed

sufficiently given when sent by certified or registered mail to the respective address as set

forth in this section:

If to Contractor:

[ Contracting ]

Attn: [ ]

Eureka, CA 95501

Phone: xxxx

If to Tribe:

Trinidad Rancheria

Attn: Garth Sundberg

PO Box 630

Trinidad, CA 95570

Phone: 707-677-0211

24. Indemnification Agreement

To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, hold

harmless and indemnify Trinidad Rancheria and its elected officials, officers, employees,

successors, assigns (collectively Indemnitees”), from and against any and all damages,

costs, expenses, liabilities, expenses, judgments, penalties, liens, and losses of any nature

whatsoever, (collectively “Liabilities”), in law or equity, but only to the extent such claims

arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of

Consultant, its officers, agents, servants, employees, subcontractors, materialmen,

consultants or their officers, agents, servants or employees (or any entity or individual that

TRINIDAD RANCHERIA CONTRACT WITH [contractor]

[date]

Consultant shall bear the legal liability thereof) in the performance of this Agreement

except for Liabilities arising from the negligence or willful misconduct of the Indemnitees

as determined by court decision or by the agreement of the Parties. Consultant has no

obligation to pay for any of the indemnitees' defense related cost prior to a determination

of fault or to pay any cost of defense amount that exceeds Consultant's determined

percentage of fault based upon the comparative fault of Consultant.

25. Entire Agreement of the Parties

This Agreement supersedes any and all agreements, either oral or written, between the parties

hereto with respect to the rendering of services by Contractor for Tribe and contains all the

covenants and agreements between the parties with respect to the rendering of such services

in any manner whatsoever. Each party to this Agreement acknowledges that no

representations, inducements, promises, or agreements, orally or otherwise, have been made

by any party, or anyone acting on behalf of any party, which is not embodied herein.

26. Limited Waiver of Sovereign Immunity

(a) PROJECT OWNER is a federally recognized Indian tribe, and as such possesses

sovereign immunity from suit. By executing this Contract, and notwithstanding any other

provision herein, PROJECT OWNER does not waive, limit or modify its sovereign

immunity from unconsented suit, arbitration, or judicial litigation, which immunity is

hereby expressly reserved and asserted, except as expressly provided for in this provision

of this Contract titled “Limited Waiver of Sovereign Immunity.”

(b) Scope of Waiver of Sovereign Immunity. Subject to the terms and conditions contained

in this section, PROJECT OWNER hereby expressly grants to the Contractor (and to

no other party) an irrevocable limited waiver of PROJECT OWNER’s sovereign

immunity from unconsented suit and consents irrevocably and to suit exclusively in

accordance with the terms of this section.

(c) Procedural Requirements. The limited waiver by PROJECT OWNER of its sovereign

immunity as to unconsented suit is effective if, and only if, each and every one of the

following conditions is met:

1. The claim is made by the Contractor and not by any other person or entity

whatsoever.

2. The claim alleges a breach by PROJECT OWNER of one or more of the

specific obligations or duties expressly assumed by PROJECT OWNER under

the terms of this Contract.

3. The claim seeks either payment of a specified sum, or some specific action or

discontinuance of some action, by PROJECT OWNER to bring PROJECT

OWNER into full compliance with the duties and obligations expressly

assumed by PROJECT OWNER under this Contract.

4. The claim is made in a detailed written statement to PROJECT OWNER, which

is provided to PROJECT OWNER within 30 days after the claim accrues or is

discovered on the exercise of due diligence, stating the specific action or

discontinuance of action by PROJECT OWNER that would cure the alleged

breach or non-performance, or the sum of money claimed to be due and owing

from PROJECT OWNER to the Contractor by reason of such specific breach

TRINIDAD RANCHERIA CONTRACT WITH [contractor]

[date]

or non-performance of this Contract, and PROJECT OWNER shall have 30

calendar days to cure or cause the cure of such breach or non-performance or

to make such payment before judicial proceedings may be instituted; Provided,

however, that this cure period may be reasonably extended in the sole discretion

of the Contractor as long as PROJECT OWNER is making a good faith effort

to cure such breach or non-performance; and

5. Notwithstanding any applicable statute of limitations or other law, with respect

to any claim authorized herein, initial suit, as authorized herein, shall be

commenced within the later of one (1) year after the claim accrues or is

discovered on the exercise of due diligence, or such claim shall be forever

barred.

(d) Additional Limitations on Waiver.

1. Effective Duration of the Waiver. Notwithstanding any applicable statute of

limitations or other law, and notwithstanding any other terms or conditions in

this section or this Contract, the limited waiver granted herein shall be

enforceable only for one (1) year following the date of the termination of this

Contract, and only as to claims arising during the effective period of this

Contract, except that the waiver shall remain effective for any proceedings then

pending and all appeals therefrom.

2. Recipient of Waiver. The recipient of the benefit of this limited waiver of

sovereign immunity is only the Contractor. This limited waiver of sovereign

immunity shall not extend to or be used for or to the benefit of any other person

or entity of any kind or description, whatsoever, including any successor or

assign of the Contractor.

3. Types of Claims Allowed. This waiver of immunity is strictly limited to suits

seeking payment of amounts purportedly owed under the provisions of this

Contract or for other breach or non-performance under this Contract.

PROJECT OWNER does not waive its sovereign immunity with respect to any

other theories of recovery.

4. Jurisdiction. To the extent jurisdiction obtains, the Parties consent to the

jurisdiction of, venue in, to be sued in, and to accept and be bound by any order

or judgment of only the following courts: Humboldt County Superior Court

and any appellate court of competent jurisdiction on appeal thereof.

5. Governing Law. Any disputes or matters of interpretation of this Contract shall

be governed by the law of the Trinidad Rancheria. If there is no law of the

Trinidad Rancheria on point, the parties and court shall look first to the law of

the United States of America, and then, if there is no applicable United States’

law, the law of the State of California.

6. Limits on Assets Available to Satisfy Judgment. Except as expressly stated

herein, nothing in this section or this Contract shall be construed as a waiver or

consent to the levy of any judgment, lien, or attachment on any property,

interest in property or income of PROJECT OWNER other than the following.

A judgment for or award of money damages against PROJECT OWNER

pursuant to the limited waiver of sovereign immunity as set forth in this section

may be satisfied only from the following proceeds of PROJECT OWNER:

revenues earned from the operation of the Trinidad pier, restaurant, vacation

TRINIDAD RANCHERIA CONTRACT WITH [contractor]

[date]

rental, boat storage and moorage operations, parking operations, and, to the

extent available and allowed under applicable law, the grant funds awarded to

PROJECT OWNER for payment of the costs of this Project. Provided,

however, that such limited waiver of immunity specifically does not allow for

recovery of attorney’s fees or costs or expenses, post-judgment interest, or

consequential or punitive damages.

27. Termination for Convenience of the Tribe

The Chairman of the Tribe, by written notice, may terminate this contract subject to Section

20, in whole, or in part, when it is in the Tribe’s interest. If this contract is terminated, the

Tribe shall be liable only for payment under the payment provisions of this contract for

services rendered before the effective date of termination.

28. Waivers

The failure of either party to this Agreement to insist upon the performance of any of the terms

and conditions of this Agreement, or the waiver of any breach of any of the terms and

conditions of this Agreement, shall not be construed as thereafter waiving any such terms and

condition, but the same shall continue and remain in full force and effect as if no such

forbearance or waiver had occurred.

29. Modification of Agreement

Any modification of this Agreement or additional obligation by either party in connection

with this Agreement shall be binding only if placed in writing and signed by each party or

an authorized representative of each party.

30. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws

and ordinances of the Trinidad Rancheria. The parties hereto agree that all actions and

proceedings relating directly or indirectly hereto shall be litigated in the Humboldt County

Superior, and the parties expressly consent to the jurisdiction of the Humboldt County

Superior Court and to venue therein and consent to service of process in any such action

or proceeding by certified registered mail of the summons and complaint therein directed

to the parties at their respective addresses set forth in this Agreement. By agreeing to this

venue, the Tribe does not waive its sovereign immunity, or its right to raise sovereign

immunity as a defense.

31. Headings

TRINIDAD RANCHERIA CONTRACT WITH [contractor]

[date]

The titles to the paragraphs of this Agreement are solely for the convenience of the parties

and shall not be used to explain, modify, simplify, or aid in the interpretation of the

provisions of this Agreement.

32. Independent Counsel

Contractor acknowledges that they have had the opportunity to consult legal counsel in

regard to this Agreement. Contractor has read and understands this Agreement and is fully

aware of its legal effect and that Contractor has entered into it freely and voluntarily and

based on Contractor’s own judgment, and not on any representations or promises other than

those contained in this Agreement.

The Parties have duly executed this Agreement as of the date first written above.

_________________________________

[name],

[ Contracting]

_________________________________

Date

_________________________________

Robert Hemsted,

Tribal Vice Chairman

_________________________________

Date

TRINIDAD RANCHERIA CONTRACT WITH [contractor]

[date]

SECTION 005500

NOTICE TO PROCEED - EXAMPLE

Dated:

Project:

Owner:

Owner’s Contract Number:

Engineer’s Project Number:

Contractor:

Contractor’s Address:

You are notified that the Contract times under the above contract are as follows:

Contract Start Date (on or Before)

Contract Time (Calendar Days)

Substantial Completion By

Days to Substantial Completion

Readiness for Final Payment By

Calendar Days to Readiness for Final Payment

Owner (please print or type)

Owner Signature

Date

CC: Trinity Valley Consulting Engineers

TVCE

Notice to Proceed

005500-1

SECTION 006100

CONTRACT SECURITY

SECTION 1

1.1

GENERAL

Section Includes

A. The Construction Contract Security provided by the Contractor is a financial guarantee that

the project will be satisfactorily completed at the cost of the bid amount to the Owner.

1.2

Submittals

A. A Contract Security will be required to be submitted to the Owner in concert with ratification

of the Contract Agreement.

1.3

Measurement and Payment

A. Payment for the Construction Contract Security shall be paid as a lump sum amount, to be

billed as an item under the first partial payment request for the project. The amount paid shall

reflect the price provided in the Bid Schedule.

SECTION 2

2.1

PRODUCTS

Construction Contract Security Types

A. Contract Security must be provided at a minimum of 100% of the total amount of the contract

including all costs itemized per section 004100 and the cost of the security, if not also

itemized per section 004100. The following contract securities are required to meet the

construction guarantee for this project:

a. A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid

guarantee” must consist of a firm commitment such as a bid bond, certified check, or

other negotiable instrument accompanying a bid as assurance that the bidder will,

upon acceptance of the bid, execute such contractual documents as may be required

within the time specified.

b. A performance bond on the part of the contractor for 100 percent of the contract price.

A “performance bond” is one executed in connection with a contract to secure

fulfillment of all the contractor's obligations under such contract.

SECTION 3

3.1

EXECUTION

Sample forms have been provided under this section, for convenience.

TVCE

Contract Security

006100-1

PERFORMANCE BOND FORM

KNOW ALL MEN BY THESE PRESENTS: that

(Name and Address of Contractor)

a

(Corporation Partnership or Individual)

, hereinafter called Principal, and

(Name and Address of Surety)

hereinafter called Surety, are held and firmly bound unto the Trinidad Rancheria, hereinafter called

Owner, in the penal sum of

$

, being one-hundred percent (100%) of the contract amount in

lawful money of the United States, for the payment of which sum will and truly to be made, we bind

ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a

contract with the Owner, dated the

day of

, 20

, a copy of

which is hereto attached and made a part hereof for the completion of the

including the work as described under Section 011000 of the Contract Manual, and all other

appurtenant items in strict accordance with the contract documents, within the time set forth therein,

and at the prices stated in the Bid Schedule.

NOW THEREFORE, if the Principal shall, truly and faithfully perform its duties, all the

undertakings, covenants, terms, conditions, and agreements of said contract during the original term

thereof, and any extensions thereof which may be granted by the OWNER, with or without notice

to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands

incurred under such contract, and shall fully indemnify and save harmless the OWNER from all

costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay

the OWNER all outlay and expense which the OWNER may incur in making good any default, then

this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED FURTHER, that the said Surety for value received hereby stipulates and agrees that no

change, extension of time, alteration or addition to the terms of the contract or to the WORK to be

performed there under or the TECHNICAL SPECIFICATIONS accompanying the same shall in

any way affect its obligation on this BOND, and it does hereby waive notice of any such change,

extension of time, alteration or addition to the terms of the contract or to the WORK or to the

TECHNICAL SPECIFICATIONS.

PROVIDED FURTHER, that no final settlement between the OWNER and the Principal shall

abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

TVCE

Contract Security

006100-2

IN WITNESS WHEREOF, this instrument is executed in

be deemed an original, this the

day of

(SEAL)

(Name of Principal)

BY:

counterparts one of which shall

, 20

.

(Signature for Principal)

(Address)

ATTEST:

WITNESS:

(Principal Secretary)

(Witness as to Principal)

(Address)

BY:

(SEAL)

(Attorney-in-Fact)

(Address)

ATTEST:

WITNESS:

(Surety Secretary)

(Witness as to Principal)

(Address)

NOTE: Date of BOND must not be prior to date of Contract. If Principal is Partnership, all partners

should execute BOND.

IMPORTANT: Surety companies executing BONDS must be authorized to transact business in the

State where the PROJECT is located.

TVCE

Contract Security

006100-3

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name and Address of Contractor)

a

(Corporation Partnership or Individual)

, hereinafter called Principal, and

(Name and Address of Surety)

hereinafter called Surety, are held and firmly bound unto the Trinidad Rancheria, hereinafter called

Owner, in the penal sum of $

representing one-hundred percent (100%) of the

contract amount, in lawful money of the United States, for the payment of which sum will and truly

to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these

presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a

certain contract with the OWNER, dated the

day of

20

, a copy of

which is hereto attached and made a part hereof for the completion of the

including the work as described under Section 011000 of the Contract Documents, and all

other appurtenant items in strict accordance with the contract documents, within the time set forth

therein, and at the prices stated in the Bid Schedule.

NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms,

SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the

prosecution of the WORK provided for in such contract, and any authorized extension or

modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke,

repairs on machinery, equipment and tools, consumed or used in connection with the construction

of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such

WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise

to remain in full force and effect.

PROVIDED FURTHER, that the said Surety for value received hereby stipulates and agrees that no

change, extension of time, alteration or addition to the terms of the contract or to the WORK to be

performed there under or the TECHNICAL SPECIFICATIONS accompanying the same shall in

any way affect its obligation on this BOND, and it does hereby waive notice of any such change,

extension of time, alteration or addition to the terms of the contract or to the WORK or to the

TECHNICAL SPECIFICATIONS.

PROVIDED FURTHER, that no final settlement between the OWNER and the Principal shall

abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

TVCE

Contract Security

006100-4

IN WITNESS WHEREOF, this instrument is executed in

shall be deemed an original, this the

day of

(SEAL)

(Name of Principle)

BY:

counterpart one of which

, 20

.

(Signature for Principal)

(Address)

ATTEST:

(Principal Secretary)

WITNESS:

(Witness as to Principal)

(Address)

BY:

(SEAL)

(Attorney-in-Fact)

(Address)

ATTEST:

WITNESS:

(Surety Secretary)

(Witness as to Principal)

(Address)

NOTE: Date of BOND must not be prior to date of Contract. If Principal is a Partnership, all partners

should execute the BOND.

IMPORTANT: Surety companies executing BONDS must be authorized to transact business in the

State where the PROJECT is located.

TVCE

Contract Security

006100-5

SECTION 007200

GENERAL CONDITIONS

General Conditions Table of Contents

1.0

DEFINITIONS.................................................................................................................... 3

2.0

ADDITIONAL INSTRUCTIONS, DETAIL DRAWINGS ORDER OF PRECEDENCE 5

3.0

REPORTS AND RECORDS .............................................................................................. 5

4.0

DRAWINGS AND TECHNICAL SPECIFICATIONS ..................................................... 5

5.0

SITE INVESTIGATION AND CONDITIONS ................................................................. 5

6.0

SHOP DRAWINGS ............................................................................................................ 6

7.0

MATERIALS, SERVICES, AND FACILITIES ................................................................ 6

8.0

SUBSTITUTIONS.............................................................................................................. 7

9.0

PATENTS ........................................................................................................................... 7

10.0 SURVEYS, PERMITS, REGULATIONS ......................................................................... 7

11.0 LAWS AND REGULATIONS AFFECTING WORK ...................................................... 8

12.0 TAXES ................................................................................................................................ 8

13.0 PROTECTION OF WORK, PROPERTY, AND PERSONS............................................. 8

14.0 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS .......................................................................................... 8

15.0 OPERATIONS AND STORAGE AREAS ........................................................................ 9

16.0 INSURANCE...................................................................................................................... 9

17.0 INDEMNIFICATION....................................................................................................... 10

18.0 CONTRACT SECURITY ................................................................................................ 11

19.0 ACCIDENT PREVENTION AND SAFETY PROGRAM .............................................. 11

20.0 TEMPORARY SANITARY FACILITIES ...................................................................... 12

21.0 SUPERVISION BY CONTRACTOR .............................................................................. 12

22.0 SUBCONTRACTING ...................................................................................................... 12

23.0 SEPARATE CONTRACTS.............................................................................................. 13

24.0 DAYS OF WORK, HOURS OF WORK ......................................................................... 13

25.0 TIME FOR COMPLETION AND LIQUIDATED DAMAGES ..................................... 14

26.0 PROGRESS SCHEDULES AND REQUIREMENTS FOR COMPLIANCE ................. 14

27.0 LAND AND RIGHTS-OF-WAY ..................................................................................... 15

28.0 SUSPENSION OF WORK, TERMINATION, AND DELAY ........................................ 15

29.0 INSPECTION AND TESTING ........................................................................................ 16

30.0 CORRECTION OF WORK.............................................................................................. 17

31.0 CHANGES IN THE WORK ............................................................................................ 17

32.0 CHANGES IN CONTRACT PRICE................................................................................ 18

33.0 DIFFERING SITE CONDITIONS ................................................................................... 18

34.0 USE AND POSSESSION PRIOR TO COMPLETION ................................................... 18

35.0 RECORD DRAWINGS .................................................................................................... 19

36.0 CLEANUP AND FINISH GRADING ............................................................................. 19

37.0 MEASUREMENT AND PAYMENT .............................................................................. 20

38.0 VARIATION IN ESTIMATED QUANTITIES ............................................................... 20

39.0 FINAL INSPECTION ...................................................................................................... 20

40.0 PAYMENTS TO CONTRACTOR –................................................................................ 20

TVCE

General Conditions

007200-1

PER TRINIDAD RANCERIA PROCUREMENT POLICY AND CONTRACT ............................. 20

41.0 ASSIGNMENTS............................................................................................................... 21

42.0 GUARANTY .................................................................................................................... 21

43.0 ACCEPTANCE OF FINAL PAYMENT AS RELEASE ................................................ 21

44.0 CONTRACT MANAGER’S ROLE AND AUTHORITY ............................................... 22

45.0 RESOLUTION OF DISPUTES........................................................................................ 22

46.0 EQUAL EMPLOYMENT OPPORTUNITY ................................................................... 22

47.0 CLEAN AIR AND WATER ............................................................................................ 23

48.0 INDIAN PREFERENCE .................................................................................................. 24

TVCE

General Conditions

007200-2

1.0

DEFINITIONS

1.1

Wherever used in the contract documents, the following terms shall have the meanings

indicated which shall be applicable to both the singular and plural thereof:

1.2

Addenda - Written or graphic instruments issued prior to the execution of the Agreement

which modify or interpret the contract documents, drawings and technical provisions, by

additions, deletions, clarifications, or corrections.

1.3

Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the

prices for the work to be performed.

1.4

Bidder - Any person, firm or corporation submitting a bid for the work.

1.5

Bonds - Bid, Performance, and Payment Bonds and other instruments of security, furnished

by the Contractor and his surety in accordance with the contract documents.

1.6

Change Order - A written order to the Contractor authorizing an addition, deletion or revision

in the work within the general scope of the contract documents, or authorizing an adjustment

in the contract price or contract time.

1.7

Contract Documents - The contract, including Advertisement For Bids, Information For

Bidders, Bid, Bid Bond, Agreement, General Provisions, Labor Provisions, Special

Provisions, Payment Bond, Performance Bond, Notice of Award, Notice to Proceed, Change

Order(s), Drawings, Technical Specifications, Submittal Requirements, and Addenda.

1.8

Contract Price - The total monies payable to the Contractor under the terms and conditions

of the Contract Documents.

1.9

Contract Time - The number of calendar days stated in the Contract Documents for the

completion of the work.

1.10

Contract Manager - The person with the Owner’s organization who is authorized to

administer the contract for the Owner.

1.11

Contractor - The person, firm, or corporation with whom the Owner has executed the

Agreement.

1.12

Contract Manager Representative - The representative of the Contract Manager authorized

to deal with the Contractor at the site to administer the technical aspects of the Contract and

to assure compliance with the Drawings and Specifications.

1.13

Drawings - The part of the contract documents which show the characteristics and scope of

the work to be performed.

1.14

Engineer – The person, firm, or corporation named as such in the contract documents.

1.15

Field Order - A written order effecting a change in the work not involving an adjustment in

the contract price or an extension of the contract time, issued by the Owner or Contract

Manager to the Contractor during construction.

1.16

Notice Of Award - The written notice of the acceptance of the bid from the Owner to the

successful Bidder.

TVCE

General Conditions

007200-3

1.17

Notice To Proceed - Written communication issued by the Owner to the Contractor

authorizing him to proceed with the work and establishing the dates of commencement and

conclusion of the work.

1.18

Owner –Trinidad Rancheria

1.19

Plans - The part of the contract documents which show the characteristics and scope of the

work to be performed and which have been prepared or approved by the Contract Manager.

In as far as these contract documents are concerned; the terms Drawings and Plans are

synonymous.

1.20

Project - The undertaking to be performed as provided in the contract documents.

1.21

Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules and other data

which are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributor,

which illustrate how specific portions of the work shall be fabricated or installed.

1.22

Specifications - A part of the contract documents consisting of written descriptions of a

technical nature of materials, equipment, construction systems, standards and workmanship.

In as far as these contract documents are concerned; the terms Technical Provisions and

Specifications are synonymous.

1.23

Subcontractor - An individual, firm, or corporation having a direct contract with the

Contractor or with any other subcontractor for the performance of a part of the work at the

site.

1.24

Substantial Completion - That date as certified by the Contract Manager when the

construction of the project is sufficiently completed in accordance with the contract

documents, so that the project or specified part can be utilized for the purposes for which it

is intended.

1.25

Special Provisions - Modifications and additions to General Conditions which may be

required by a federal agency for participation in the project, or such requirements that may

be imposed by applicable state or local laws, or the Owner's contracting practices.

1.26

Supplier - Any person or organization who supplies materials or equipment for the work,

including that fabricated to a special design, but who does not perform labor at the site.

1.27

Technical Specifications - A part of the contract documents consisting of written descriptions

of a technical nature of materials, equipment, construction systems, standards and

workmanship. In as far as the contract documents are concerned, the terms Technical

Specifications and Technical Provisions are synonymous.

1.28

Work - All labor necessary to produce the construction required by the contract documents

and all materials and equipment incorporated or to be incorporated in the project.

1.29

Written Notice - Any notice to any party of the Agreement relative to any part of this

Agreement in writing and considered delivered and the service thereof completed, when

posted by certified or registered mail to the said party at his last given address, or delivered

in person to said party or his authorized representative on the work.

TVCE

General Conditions

007200-4

2.0

ADDITIONAL

PRECEDENCE

2.1

The Contractor may be furnished additional instructions and detail drawings, by the Contract

Manager as necessary to carry out the work required by the contract documents.

The additional drawings and instruction thus supplied will become a part of the contract

documents. The Contractor shall carry out the work in accordance with the additional detail

drawings and instructions.

In the event of an inconsistency between provisions of this contract, the inconsistency shall

be resolved by giving precedence in the order given in the Special Provisions section of these

documents.

2.2

2.3

INSTRUCTIONS,

DETAIL

DRAWINGS

ORDER

OF

3.0

REPORTS AND RECORDS

3.1

The Contractor shall submit to the Contract Manager such schedule of quantities and costs,

payrolls, reports, estimates, records and other data where applicable as are required by the

contract documents for the work to be performed.

The Contractor shall keep all records related to the contract for a minimum of three years

after acceptance of the completed work.

3.2

4.0

DRAWINGS AND TECHNICAL SPECIFICATIONS

4.1

The intent of the drawings and technical provisions is that the Contractor shall furnish all

labor, materials, tools, equipment, supervision, and transportation necessary for the proper

execution of the work in accordance with the contract documents and all incidental work

necessary to complete the project in an acceptable manner, ready for use, occupancy or

operation by the Owner.

In case of conflict between the drawings and technical specifications, the technical

specifications shall govern. Figure dimensions on drawings shall govern over scale

dimensions, and detailed drawings shall govern over general drawings.

Any discrepancies found between the drawings and technical specifications and site

conditions or any inconsistencies or ambiguities in the drawings or technical specifications

shall be immediately reported to the Contract Manager, in writing, who shall promptly

correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his

discovery of such discrepancies, inconsistencies or ambiguities shall be done at the

Contractor's risk.

4.2

4.3

5.0

SITE INVESTIGATION AND CONDITIONS

5.1

The Contractor will take steps necessary to ascertain the nature and location of the work, and

investigate the general and local conditions which can affect the work or its cost, including

but not limited to:

Conditions bearing upon transportation, disposal, handling, and storage of materials;

The availability of labor, water, electric power, and roads;

Uncertainties of weather, river stages, tides, or similar physical conditions at the site;

The conformation and conditions of the ground; and

The character of equipment and facilities needed preliminary to and during work

performance. The Contractor also will observe and determine the character, quality, and

5.2

5.3

5.4

5.5

5.6

TVCE

General Conditions

007200-5

5.7

quantity of surface and subsurface materials or obstacles to be encountered insofar as this

information is reasonably ascertainable from an inspection of the site, including all

exploratory work done by the Owner, as well as from the drawings and technical

specifications made a part of this contract. Any failure of the Contractor to take the actions

described and acknowledged in this paragraph will not relieve the Contractor from

responsibility for estimating properly the difficulty and cost of successfully performing the

work, or for proceeding to successfully perform the work without additional expense to the

Owner.

The Owner assumes no responsibility for any conclusions or interpretations made by the

Contractor based on the information made available by the Owner. The Owner does not

assume responsibility for any understanding reached or representation made concerning

conditions which can affect the work by any of its representatives before the execution of

this contract, unless that understanding or representation is expressly stated in this contract.

6.0

SHOP DRAWINGS

6.1

The Contractor shall provide shop drawings as may be necessary for the evaluation of the

work as required by the contract documents. The Contract Manager will have the drawings

promptly reviewed and will recommend approval or disapproval of all shop drawings.

Approval of any shop drawing shall not release the Contractor from responsibility for

deviations from the contract documents. The approval of any shop drawing which

substantially deviates from the requirement of the contract documents shall be evidenced by

a change order.

When submitted for review and approval, shop drawings shall bear the Contractor's

certification that he has reviewed, checked and approved the shop drawings and that they are

in conformance with the requirements of the contract documents.

Portions of the work requiring a shop drawing or sample submission shall not begin until the

shop drawing or submission has been approved by the Contract Manager. A copy of each

approved shop drawing and each approved sample shall be kept in good order by the

Contractor at the site and shall be available to the Owner.

6.2

6.3

7.0

MATERIALS, SERVICES, AND FACILITIES

7.1

It is understood that, except as otherwise specifically stated in the contract documents, the

Contractor shall provide and pay for all materials, labor, tools, equipment, water, light,

power, transportation, supervision, temporary construction of any nature, and all other

services and facilities of any nature whatsoever necessary to execute, complete, and deliver

the work within the specified time.

Materials and equipment shall be so stored as to insure the preservation of their quality and

fitness for the work. Stored materials and equipment to be incorporated in the work shall be

located so as to facilitate prompt inspection.

Manufactured articles, materials and equipment shall be applied, installed, connected,

erected, used, cleaned and conditioned as directed by the manufacturer.

Materials, supplies, and equipment shall be in accordance with samples submitted by the

Contractor and approved by the Contract Manager.

7.2

7.3

7.4

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7.5

7.6

Materials, supplies, or equipment to be incorporated into the work shall not be purchased by

the Contractor or the subcontractor subject to a chattel mortgage or under a conditional sale

contract or other agreement by which an interest is retained by the seller.

The Contractor shall promptly remove from the premises all materials rejected by the

Contract Manager for failure to comply with the contract documents. The Contractor shall

promptly replace the materials with acceptable materials without expense to the Owner.

8.0

SUBSTITUTIONS

8.1

Whenever a material, article, or piece of equipment is identified on the drawings or technical

specifications by reference to brand name or catalogue number, it shall be understood that

this is referenced for the purpose of defining the performance or other salient requirements

and that other products of equal capacities, quality and function shall be considered. The

Contractor may recommend the substitution of a material, article, or piece of equipment of

equal substance and function for those referred to in the contract documents by reference to

brand name or catalogue number, and if, in the opinion of the Contract Manager, such

material, article, or piece of equipment is of equal substance and function to that specified,

the Contract Manager may approve its substitution and use by the Contractor. Any cost

differential shall be deductible from the contract price and the contract documents shall be

appropriately modified by change order. The Contractor warrants that if substitutes are

approved, no major changes in the function or general design of the project will result.

Incidental changes or extra component parts required to accommodate the substitute will be

made by the Contractor without a change in the contract price or contract time.

9.0

PATENTS

9.1

The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or

claims for infringement of any patent rights and save the Owner harmless from loss on

account thereof, except that the Owner shall be responsible for any such loss when a

particular process, design, or the product of a particular manufacturer(s) is/are specified.

However, if the Contractor has reason to believe that the design, process, or product specified

is an infringement of a patent, he shall be responsible for such loss unless he promptly gives

such information to the Contract Manager.

10.0

SURVEYS, PERMITS, REGULATIONS

10.1

The Owner shall furnish all boundary surveys and establish all base lines for locating the

principal component parts of the work together with a suitable number of bench marks

adjacent to the work as shown in the contract documents.

The Contractor shall carefully preserve bench marks, reference points and stakes and, in case

of willful or careless destruction, he shall be charged with the resulting expense and shall be

responsible for any mistakes that may be caused by their unnecessary loss or disturbance.

Permits and licenses of a temporary nature necessary for the prosecution of the work shall be

secured and paid for by the Contractor unless otherwise specified in the contract documents.

Permits, licenses and easements for permanent structures or permanent changes in existing

facilities shall be secured and paid for by the Owner, unless otherwise specified. The

Contractor shall give all notices and comply with all laws, ordinances, rules and regulations

bearing on the conduct of the work as drawn and specified. If the Contractor observes that

10.2

10.3

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the contract documents are at variance therewith, he shall promptly notify the Contract

Manager in writing, and any necessary changes shall be adjusted as provided in Section

012657 -"Change Order Requests".

11.0

LAWS AND REGULATIONS AFFECTING WORK

11.1

The Contractor shall at all times observe and comply with Federal, State, Tribal, and County

laws, ordinances and regulations which in any manner affect the conduct of the work; and

all such orders and decrees as exist at the present and which may be enacted later by

legislative bodies or tribunals having legal jurisdiction or authority over the work. No pleas

of misunderstanding or ignorance thereof will be considered. The Contractor shall be wholly

responsible for any claim or liability arising from or based on the violation of any such law,

ordinance, regulation, order, or decree.

12.0

TAXES

12.1

12.2

All materials incorporated into the work are subject to California state sales or use tax.

When materials are delivered to and consumed on Tribal Trust Land, such materials are exempt from

state taxation given the Contractor is an Indian Owned organization. The Owner shall provide

support to the contractor for exemption status, if and when claimed.

13.0

PROTECTION OF WORK, PROPERTY, AND PERSONS

13.1

The Contractor will be responsible for initiating, maintaining and supervising all safety

precautions and programs in connection with the work. He will take all necessary precautions

for the safety of and will provide the necessary protection to prevent damage, injury, or loss

to all employees on the work and other persons who may be affected thereby, all the work

and all materials or equipment to be incorporated therein, whether in storage on or off the

site, and other property at the site or adjacent thereto.

14.0

PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS

14.1

The Contractor shall preserve and protect all structures, equipment, and vegetation (such as

trees, shrubs, and grass) on or adjacent to the work sites which are not to be removed and

which do not unreasonably interfere with the work required under this contract. The

Contractor shall remove trees only when specifically authorized to do so, and shall avoid

damaging vegetation that will remain in place. If any limbs or branches of trees are broken

during contract performance, or by the careless operation of equipment, or by workmen, the

Contractor shall trim those limbs or branches with a clean cut and paint the cut with a treepruning compound.

The Contractor shall protect from damage all existing improvements and utilities: at or near

the work site, and on adjacent property of a third party, the locations of which are made

known to or should be known by the Contractor.

The existence and location of utilities are not guaranteed by the Owner and shall be

investigated and verified in the field by the Contractor before commencing construction

activities in any particular area. The Contractor shall repair any damage to those facilities,

including those that are the property of a third party, resulting from failure to comply with

the requirements of this contract or failure to exercise reasonable care in performing the

14.2

14.3

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work. If the Contractor fails or refuses to repair the damage promptly, the Contract Manager

may have the necessary work performed and charge the cost to the Contractor.

15.0

OPERATIONS AND STORAGE AREAS

15.1

The Contractor shall confine all operations (including storage of materials) to areas

authorized or approved by the Contract Manager. The Contractor shall hold and save the

Owner and its representatives free and harmless from liability of any nature occasioned by

the Contractor's performance.

Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the

Contractor only with the approval of the Contract Manager and shall be built with labor and

materials furnished by the Contractor without expense to the Owner. The temporary

buildings and utilities shall remain the property of the Contractor and shall be removed by

the Contractor at its expense upon completion of the work. Only with the written consent of

the Contract Manager may the buildings and utilities be abandoned and not removed.

The Contractor shall use only established roadways, or use temporary roadways constructed

by the Contractor when and as authorized by the Contract Manager. In such case, the

Contractor shall minimize disruption and delays to traffic in the affected areas. When

materials are transported in prosecuting the work, vehicles shall not be loaded beyond the

loading capacity recommended by the manufacturer of the vehicle or prescribed by any

Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks,

the Contractor shall protect them from damage. The Contractor shall repair or pay for the

repair of any damaged curbs, sidewalks, or roads.

15.2

15.3

16.0

INSURANCE

16.1

The Contractor shall purchase and maintain such insurance as will protect him from claims

set forth below which may arise out of or result from the Contractor's execution of the work,

whether such execution be by himself or by any subcontractor or by anyone directly or

indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

Claims under workmen's compensation, disability benefit and other similar employee benefit

acts;

Claims for damages because of bodily injury, occupational sickness or disease, or death of

his employees;

Claims for damages because of bodily injury, sickness or disease, or death of any person

other than his employees;

Claims for damages insured by usual personal injury liability coverage which are sustained

by any person as a result of an offense directly or indirectly related to the employment of

such person by the Contractor, or

by any other person; and

Claims for damages because of injury to or destruction of tangible property, including loss

of use resulting there from.

Certificates of Insurance acceptable to the Contract Manager shall be filed with the Contract

Manager prior to commencement of the work. These Certificates shall contain a provision

that coverage’s afforded under the policies will not be canceled unless at least fifteen (15)

calendar days prior written notice has been given to the Contract Manager.

16.2

16.3

16.4

16.5

16.6

16.7

16.8

16.9

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16.10 The Contractor shall procure and maintain, at his own expense, during the contract time,

liability insurance as hereinafter specified;

16.11 Contractor's General Public Liability and Property Damage Insurance including vehicle

coverage issued to the Contractor and protecting him from all claims for personal injury,

including death, and all claims for destruction of or damage to any property, arising out of or

in connection with any operations under the contract documents, whether such operations be

by himself or by any subcontractor under him, or anyone directly or indirectly employed by

the Contractor or by a subcontractor under him. Insurance shall be written with a limit of

liability of not less than $500,000 for all damages arising out of bodily injury, including

death, at any time resulting there from, sustained by any one person in any one accident; and

a limit of liability of not less than $1,000,000 aggregate for any such damages sustained by

two or more persons in any one accident. Insurance shall be written with a limit of liability

of not less than $500,000 for all property damage sustained by any one person in any one

accident; and a limit of liability of not less than $1,000,000 aggregate for any such damage

sustained by two or more persons in any one accident.

16.12 The Contractor shall procure and maintain, at his own expense, during the contract time, in

accordance with the provisions of the laws of the state in which the work is performed,

Workmen's Compensation Insurance, including occupational disease provisions, for all of

his employees at the site of the project and in case any work is sublet, the Contractor shall

require such subcontractor similarly to provide Workmen's Compensation Insurance,

including occupational disease provisions for all of the latter's employees unless such

employees are covered by the protection afforded by the Contractor. In case any class of

employees engaged in hazardous work under this contract at the site of the project is not

protected under Workmen's Compensation statute, the Contractor shall provide, and shall

cause each subcontractor to provide, adequate and suitable insurance for the protection of his

employees not otherwise protected.

16.13 The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work

to be performed. Unless specifically authorized by the Contract Manager, the amount of such

insurance shall not be less than the contract price totaled in the bid. The policy shall cover

not less than the losses due to fire, explosion, hail, lightning, vandalism, malicious mischief,

wind, collapse, riot, aircraft, and smoke during the contract time, and until the work is

accepted by the Contract Manager. The policy shall name as the insured the Contractor and

the Owner.

17.0

INDEMNIFICATION

17.1

The Contractor will indemnify and hold harmless the Owner, his agents and employees from

and against all claims, damages, losses and expenses including attorney's fees arising out of

or resulting from the performance of the work, provided that any such claims, damage, loss

or expense is attributable to bodily injury, sickness, disease or death, or to injury to or

destruction of tangible property including the loss of use resulting there from; and is caused

in whole or in part by any negligent or willful act or omission of the Contractor, and

subcontractor, anyone directly or indirectly employed by any of them or anyone for whose

acts any of them may be liable.

In any and all claims against the Owner or any of his agents, or employees by any employee

of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them,

or anyone for whose acts any of them may be liable, the indemnification obligation shall not

17.2

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17.3

be limited in any way by any limitation on the amount or type of damages, compensation or

benefits payable by or for the Contractor or any subcontractor under workmen's

compensation acts, disability benefit acts or other employee benefits acts.

The obligation of the Contractor under this paragraph shall not extend to the liability of the

Owner, his agents, or employees arising out of the preparation or approval of maps, drawings,

opinions, reports, surveys, change orders, designs or technical specifications.

18.0

CONTRACT SECURITY

18.1

If required in the contract documents, the Contractor shall within ten days after the receipt of

the Notice of Award furnish the Contract Manager with a Performance Bond and a Payment

Bond in penal sums equal to the amount of the contract price, conditioned upon the

performance by the Contractor of all undertakings, covenants, terms, conditions and

agreements of the contract documents, and upon the prompt payment by the Contractor to

all persons supplying labor and materials in the prosecution of the work provided by the

contract documents. Such bonds shall be executed by the Contractor and a corporate bonding

company licensed to transact such business in the state in which the work is to be performed.

The expense of these bonds shall be borne by the Contractor.

If at any time a surety on any such bond is declared as bankrupt or loses its right to do

business in the state in which the work is to be performed, the Contractor shall within ten

days after notice from the Contract Manager to do so, substitute an acceptable bond (or

bonds) in such form and sum and signed by such other surety or sureties as may be

satisfactory to the Contract Manager. The premiums on such bond shall be paid by the

Contractor. No further payments shall be deemed due nor shall be made until the new surety

or sureties shall have furnished an acceptable bond to the Contract Manager.

18.2

19.0

ACCIDENT PREVENTION AND SAFETY PROGRAM

19.1

The Contractor shall be solely and completely responsible for conditions of the job site,

including safety of all persons, including employees, and property during performance of the

work. This requirement shall apply continuously and not be limited to normal working hours.

Safety provisions shall conform to U.S. Department of Labor (OSHA), and all other

applicable federal, state, county, and local laws, ordinances, codes, the requirements set forth

below, and any regulations that may be detailed in other parts of these documents. Where

any of these are in conflict, the more stringent requirement shall be followed. The

Contractor's failure to thoroughly familiarize himself with the aforementioned safety

provisions shall not relieve him from compliance with the obligations and penalties set forth

herein.

The Contract Manager will notify the Contractor of any observed non-compliance with the

foregoing provisions and the action to be taken. The Contractor shall, upon receipt of such

notice, immediately take corrective action. If the Contractor fails or refuses to comply

promptly, the Contract Manager may issue an order stopping all or part of the work until

satisfactory corrective action has been taken. No part of the time lost due to any such stop

orders shall be made the subject of claims for extension of time, or for excess costs or

damages by the Contractor.

The Contractor shall develop and maintain for the duration of this contract, a safety program

that will effectively incorporate and implement all required safety provisions. The Contractor

19.2

19.3

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19.4

19.5

19.6

19.7

shall appoint an employee who is qualified and authorized to supervise and enforce

compliance with the safety program.

The Contractor as a part of his safety program, shall maintain at his office or other wellknown place at the job site, safety equipment applicable to the work as prescribed by the

aforementioned authorities, all articles necessary for giving first aid to the injured, and shall

establish the procedure for the immediate removal to a hospital or a doctor's care of persons

who may be injured on the job site.

If death or serious injuries or serious damages are caused, the accident shall be reported

immediately by telephone or messenger to the Contract Manager. In addition, the Contractor

must promptly report in writing to appropriate authorities and the Contract Manager's

representative all accidents whatsoever arising out of, or in connection with, the performance

of the work whether on, or adjacent to, the site, giving full details and statements of witnesses.

If a claim is made by anyone against the Contractor or any subcontractor on account of any

accident, the Contractor shall promptly report the facts in writing to the Contract Manager

giving full details of the claim.

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and

sufficient lights, danger signals, signs and other traffic control devices, and shall take all

necessary precautions for the protection of the work and safety of the public. Highways

closed to traffic shall be protected by effective barricades, and obstructions shall be

illuminated during the hours of darkness. Suitable warning signs shall be provided to control

and direct traffic properly. The Contractor shall erect warning signs in advance of any place

on the project where operations may interfere with the use of the road by traffic, and at all

intermediate points where the new work crosses or coincides with an existing road.

Compliance with the requirements of this provision by subcontractors will be the

responsibility of the Contractor.

20.0

TEMPORARY SANITARY FACILITIES

20.1

The Contractor shall provide and maintain necessary sanitary conveniences for the use of

those employed on or about the work properly secluded from public observation in such a

manner and at such points as shall be approved by the Contract Manager and their use shall

be strictly enforced.

21.0

SUPERVISION BY CONTRACTOR

21.1

The Contractor will supervise and direct the work. He will be solely responsible for the

means, methods, techniques, sequences and procedures of construction. The Contractor will

employ and maintain on the work a qualified supervisor or superintendent who shall have

been designated in writing by the Contractor as the Contractor's representative at the site.

The supervisor shall have full authority to act on behalf of the Contractor and all

communications given to the supervisor shall be as binding as if given to the Contractor. The

supervisor shall be present on the site at all times as required to perform adequate supervision

and coordination of the work.

22.0

SUBCONTRACTING

22.1

The Contractor may utilize the services of specialty subcontractors on those parts of the work

which, under normal contracting practices, is performed by specialty subcontractors.

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22.2

22.3

22.4

22.5

The Contractor shall not award work to subcontractor(s) in excess of 67% of the contract

price, without prior written approval of the Contract Manager.

The Contractor shall be fully responsible to the Owner for the acts and omissions of his

subcontractors, and of persons either directly or indirectly employed by them, as he is for the

acts and omissions of persons directly employed by him.

The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative

to the work to bind subcontractors to the Contractor by the terms of the contract document

insofar as applicable to the work of subcontractors and to give the Contractor the same power

as regards terminating any subcontract that the Contract Manager may exercise over the

Contractor under any provision of the contract documents.

Nothing contained in this contract shall create any contractual relation between any

subcontractor and the Owner.

23.0

SEPARATE CONTRACTS

23.1

The Owner reserves the right to let other contracts in connection with this project. The

Contractor shall afford other Contractors reasonable opportunity for the introduction and

storage of their materials and the execution of their work, and shall properly connect and

coordinate his work with theirs. If the proper execution or results of any part of the

Contractor's work depends upon the work of any other Contractor, the Contractor shall

inspect and promptly report to the Contract Manager any defects in such work that render it

unsuitable for such proper execution and results.

The Owner may perform additional work related to the project by him, or he may let other

contracts containing provisions similar to these. The Contractor will afford the other

Contractors who are parties to such contracts (or the Owner, if he is performing the additional

work himself), reasonable opportunity for the introduction and storage of materials and

equipment and the execution of work, and shall properly connect and coordinate his work

with theirs.

If the performance of additional work by other Contractors or the Owner is not noted in the

contract documents prior to the execution of the contract, written notice thereof shall be given

to the Contractor prior to starting any such additional work. If the Contractor believes that

the performance of such additional work by the Owner or others involves him in additional

expense or entitles him to an extension of the contract time, he may make a claim therefore

as provided under the provisions of this bidding and contracting manual.

23.2

23.3

24.0

DAYS OF WORK, HOURS OF WORK

24.1

Regular work shifts shall be eight hours daily Monday through Friday, except on holidays

indicated below. Time of beginning and ending the day's work shall be approved by the

Contract Manager. The Contract Manager, when in his opinion it is justified, may grant the

Contractor permission to work overtime upon written request by the Contractor. When for a

good reason short periods of overtime work are required, the Contract Manager may give

approval without advance written notice.

Construction work will not be permitted on Saturdays, Sundays, nor on New Year's Day,

Martin Luther King's Day, President's Day, Memorial Day, Independence Day, Labor Day,

Veterans Day, Thanksgiving Day and Christmas Day, nor any other holidays declared by the

federal government. When any of the above holidays falls on Saturday and the preceding

24.2

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Friday is established as a holiday or when any of the holidays fall on Sunday and the

following Monday is established as a holiday, no construction will be permitted on those

days. The Contract Manager, when in his opinion it is justified, may grant the Contractor

permission to work on any of the above days upon written application by the Contractor.

Approval shall be required at least forty-eight (48) hours in advance.

25.0

TIME FOR COMPLETION AND LIQUIDATED DAMAGES

25.1

The time for completion of the work is an essential condition of the contract documents. The

time for completion appears in the Agreement. The work embraced shall be commenced on

a date specified in the notice to proceed.

25.2 The Contractor will proceed with the work at such rate of progress to insure full completion

within the time for completion. It is expressly understood and agreed, by and between the

Contractor and the Owner, that time for completion of the work under the contract is a

reasonable time, taking into consideration the average climatic and economic conditions and

other factors prevailing in the locality of the work.

25.3 If the Contractor shall fail to complete the work within the time for completion, or extension

of time granted by the Contract Manager, then the Contractor will pay to the Owner the

amount for liquidated damages as specified in the contract documents for each calendar day

that the work shall be incomplete after the date established by the time for completion.

Liquidated Damages for this contract shall be one thousand dollars ($1,000.00) US Currency

per calendar day.

25.4 The Contractor shall not be charged with liquidated damages or any excess cost when the

delay in completion of the work is due to the following, and the Contractor has promptly

given written notice of such delay to the Contract Manager.

25.4.1 To any preference, priority, or allocation order duly issued by the Contract Manager.

25.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the

Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the

Owner, acts of another Contractor in the performance of a contract with the Owner, fires,

floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and

unforeseeable weather; and

25.4.3 To any delays of subcontractors occasioned by any of the causes specified in paragraphs

25.4.1 and 25.4.2 of this article.

26.0

PROGRESS SCHEDULES AND REQUIREMENTS FOR COMPLIANCE

26.1

The Contractor shall, within ten days of receipt of notice to proceed, submit to the Contract

Manager for approval a practicable schedule, showing the order in which the Contractor

proposes to carry on the work, the dates on which he will start the major items of work

(including procurement of materials, plant and equipment) and the contemplated dates for

completing the same.

If, in the opinion of the Contract Manager, the Contractor falls behind the progress schedule,

the Contractor shall take such steps as may be necessary to assure performance within the

allowable time for completion. The Contractor may propose for approval by the Contract

Manager measures such as increasing the number of workers, number of shifts, or overtime

operations, days of work, or the amount of construction plant, or all of them. The Contract

Manager may require the Contractor to submit for approval such supplementary schedule or

26.2

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26.3

schedules necessary to demonstrate that the work shall be performed within the allowable

time for completion, all without additional cost to the Owner.

Failure of the Contractor to comply with the requirements of this provision shall be grounds

for determination that the Contractor is not prosecuting the work with such diligence as will

insure completion within the specified time for completion. Upon such determination the

Contract Manager may terminate the Contractor's right to proceed with the work, or any

separable part thereof in accordance with Section 28 entitled "Suspension of Work,

Termination, and Delay".

27.0

LAND AND RIGHTS-OF-WAY

27.1

Prior to issuance of the notice to proceed, the Owner shall obtain all land and rights-of-way

necessary for carrying out and for the completion of the work to be performed pursuant to

the contract documents, unless otherwise mutually agreed.

The Contract Manager shall provide to the Contractor information which delineates and

describes the lands owned and rights-of-way acquired.

The Contractor shall provide at his own expense and without liability to the Owner any

additional land and access thereto that the Contractor may desire for temporary construction

facilities, or for storage of materials.

27.2

27.3

28.0

SUSPENSION OF WORK, TERMINATION, AND DELAY

28.1

The Contract Manager may suspend the work or any portion thereof for a period of not more

than ninety (90) calendar days or such further time as agreed upon by the Contractor, by

written notice to the Contractor which notice shall fix the date on which work shall be

resumed. The Contractor will resume that work on the date so fixed. The Contractor will be

allowed an increase in the contract price or an extension of the contract time, or both, directly

attributable to any suspension.

If the Contractor is adjudged as bankrupt or insolvent, or if he makes a general assignment

for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for

any of his property, or if he files a petition to take advantage of any debtor's act, or to

reorganize under the bankruptcy or applicable laws, or if he repeatedly fails to supply

sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to

make prompt payments to subcontractors or for labor, materials or equipment or if he

disregards laws, ordinances, rules, regulations or orders of any public body having

jurisdiction of the work or if he disregards the authority of the Contract Manager, or if he

otherwise violates any provision of the contract documents, then the Contract Manager may,

without prejudice to any other right or remedy and after giving the Contractor and his surety

a minimum of fourteen (14) calendar days from delivery of a written notice, terminate the

services of the Contractor and take possession of the project and of all materials, equipment,

tools, construction equipment and machinery thereon owned by the Contractor, and finish

the work by whatever method he may deem expedient. In such case the Contractor shall not

be entitled to receive any further payment until the work is finished. If the unpaid balance of

the contract price exceeds the direct and indirect costs of completing the project, including

compensation for additional professional services, such excess shall be paid to the

Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference

28.2

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28.3

28.4

28.5

28.6

to the Owner. Such costs incurred by the Owner will be determined by the Contract Manager

and incorporated in a change order.

Where the Contractor's services have been so terminated by the Contract Manager, said

termination shall not affect any right of the Owner against the Contractor then existing or

which may thereafter accrue. Any retention or payment of monies by the Owner due the

Contractor will not release the Contractor from compliance with the contract documents.

After fourteen (14) calendar days from delivery of a written notice to the Contractor, the

Contract Manager may without cause and without prejudice to any other right or remedy,

elect to abandon the project and terminate the contract. In such case, the Contractor shall be

paid for all work executed and any expense sustained plus reasonable profit.

If, through no act or fault of the Contractor, the work is suspended for a period of more than

ninety (90) calendar days by the Contract Manager or under an order of court or other public

authority, or the Contract Manager fails to act on any request for payment within thirty (30)

calendar days after it is submitted, or the Owner fails to pay the Contractor substantially the

sum approved by the Contract Manager or awarded by arbitrators within thirty (30) calendar

days of its approval and presentation, then the Contractor may, after fourteen (14) calendar

days from delivery of a written notice to the Contract Manager, terminate the contract and

recover from the Owner payment for all work executed and all expenses sustained. In

addition and in lieu of terminating the contract, if the Contract Manager has failed to act on

a request for payment or if the Owner has failed to make any payment as aforesaid, the

Contractor may, upon fourteen (14) calendar days written notice to the Contract Manager,

stop the work until he has been paid all amounts then due, in which event and upon

resumption of the work, change orders shall be issued for adjusting the contract price or

extending the contract time or both to compensate for the costs and delays attributable to the

stoppage of the work.

If the performance of all or any portion of the work is suspended, delayed, or interrupted as

a result of a failure of the Contract Manager to act within the time specified in the contract

documents, or if no time is specified, within a reasonable time, an adjustment in the contract

price or an extension of the contract time, or both, shall be made by change order to

compensate the Contractor for the costs and delays necessarily caused by the failure of the

Contract Manager.

29.0

INSPECTION AND TESTING

29.1

All materials and equipment used in the construction of the project shall be subject to

adequate inspection and testing in accordance with generally accepted standards, as required

and defined in the contract documents.

The Owner shall provide any inspection and testing services beyond those required by the

contract documents.

The Contractor shall provide at his expense the testing and inspection services required by

the contract documents.

If the contract documents, laws, ordinances, rules, regulations, or orders of any public

authority having jurisdiction require any work to specifically be inspected, tested, or

approved by someone other than the Contractor, the Contractor will give the Contract

Manager timely notice of readiness. The Contractor will then furnish the Engineer the

required certificates of inspection, testing, or approval.

29.2

29.3

29.4

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29.5

29.6

29.7

29.8

Inspections, tests, or approvals by the Contract Manager or others are for the sole use of the

Owner and shall not relieve the Contractor from his obligations to perform the work in

accordance with the requirements of the contract documents.

The Contract Manager and his representatives will at all times have access to the work. In

addition, authorized representatives and agents of any participating federal or state agency

shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of

materials, and other relevant data and records. The Contractor will provide proper facilities

for such access and observation of the work and also for any inspection, or testing thereof.

If any work is covered contrary to the written instructions of the Contract Manager it must,

if requested by the Contract Manager, be uncovered for his observation and replaced at the

Contractor's expense.

If the Contract Manager considers it necessary or advisable that covered work be inspected

or tested by others, the Contractor, at the Contracting Manager's request, will uncover,

expose or otherwise make available for observation, inspection or testing that portion of the

work in question, furnishing all necessary labor, materials, tools and equipment. If it is found

that such work is defective, the Contractor will bear all the expenses of such uncovering,

exposure, observation, inspection and testing and of satisfactory reconstruction. If, however,

such work is not found to be defective, the Contractor will be allowed an increase in the

contract price or an extension of the contract time, or both, directly attributable to such

uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate

change order shall be issued.

30.0

CORRECTION OF WORK

30.1

The Contractor shall promptly remove from the premises all work rejected by the Contract

Manager for failure to comply with the contract documents, whether incorporated in the

construction or not, and the Contractor shall promptly replace and re-execute the work in

accordance with the contract documents and without expense to the Owner and shall bear

the expense of making good all work of other Contractors destroyed or damaged by such

removal or replacement.

All removal and replacement work shall be done at the Contractor's expense. If the

Contractor does not take action to remove such rejected work within fourteen (14) calendar

days after receipt of written notice, the Owner may remove such work and store the materials

at the expense of the Contractor.

30.2

31.0

CHANGES IN THE WORK

31.1

The Contract Manager may at any time, as the need arises, order changes within the scope

of the work without invalidating the Agreement. If such changes increase or decrease the

amount due under the contract documents, or in the time required for performance of the

work, an equitable adjustment shall be authorized by change order.

The Contract Manager also may, at any time, by issuing a field order, make changes in the

details of the work. The Contractor shall proceed with the performance of any changes in the

work unless the Contractor believes that such field order entitles him to a change in contract

price or time, or both, in which event he shall give the Contract Manager written notice

thereof within seven (7) calendar days after the receipt of the ordered change. Thereafter the

Contractor shall document the basis for the change in contract price or time within thirty (30)

31.2

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calendar days. The Contractor shall not execute such changes pending the receipt of an

executed change order or further instruction from the Contract Manager.

32.0

CHANGES IN CONTRACT PRICE

32.1

The contract price may be changed only by a contract change order. The value of any work

covered by a change order or of any claim for increase or decrease in the contract price shall

be determined by one or more of the following methods in the order of precedence listed

below:

Unit prices previously approved.

An agreed lump sum.

The actual cost for labor, direct overhead, materials, supplies, equipment, and other services

necessary to complete the work. In addition there shall be added an amount to be agreed upon

but not to exceed 15% of the actual cost of the work to cover the cost of general overhead

and profit.

32.2

32.3

32.4

33.0

DIFFERING SITE CONDITIONS

33.1

The Contractor shall promptly, and before such conditions are disturbed, except in the event

of an emergency, notify the Contract Manager by written notice of:

32.1.1 Subsurface or latent physical conditions at the site differing materially from those indicated

in the contract documents; or

32.1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those

ordinarily encountered and generally recognized as inherent in work of the character

provided for in the contract documents.

33.2 The Contract Manager shall promptly investigate the conditions, and if he finds that such

conditions do so materially differ and cause an increase or decrease in the cost of, or in the

time required for, performance of the work, an equitable adjustment shall be made and the

contract documents shall be modified by a change order. Any claim of the Contractor for

adjustment hereunder shall not be allowed unless he has given the required written notice;

provided that the Contract Manager may, if he determines the facts so justify, consider and

adjust any such claims asserted before the date of final payment.

34.0

USE AND POSSESSION PRIOR TO COMPLETION

34.1

The Owner shall have the right to take possession of or use any completed or partially

completed part of the work. Before taking possession of or using any work, the Contract

Manager shall furnish the Contractor a list of items of work remaining to be performed or

corrected on those portions of the work that the Owner intends to take possession of or use.

However, failure of the Contract Manager to list any item of work shall not relieve the

Contractor of responsibility for complying with the terms of the contract. The Owner's

possession or use shall not be deemed an acceptance of any work under the contract.

While the Owner has such possession or use, the Contractor shall be relieved of the

responsibility for the loss of or damage to the work resulting directly from the Owner's

possession or use. If prior possession or use by the Owner delays the progress of the work or

causes additional expense to the Contractor, an adjustment shall be made in the contract

price, the time of completion or both, and the contract shall be modified in writing

accordingly.

34.2

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35.0

RECORD DRAWINGS

35.1

Record Drawings shall be prepared by the contractor and shall include: all information shown

on the Contractors drawings and all deviations, modifications or changes from those

drawings, however minor, which were incorporated in the work; all additional work not

appearing on the contract drawings; and any changes made after the final inspection.

Record drawing shall be kept current and available on the job site at all times. No

construction work shall be concealed until the necessary data has been recorded.

Record drawings will be jointly inspected for accuracy and completeness by the Contract

Manager or his representative at, or just prior to, the contractor submitting requests for

payment. Incomplete drawings will be corrected before payment approval is recommended

(Reference section 40, "Payments to Contractor")

Record drawings shall accurately show, using details, notes, etc., the following information:

a. The project number, contract number, community name, and other relevant general

information.

b. The location and description of any utility lines or other installations of any kind or

description known to exist within the construction area. The location includes

dimensions to permanent features.

c. The location and dimensions of any changes from the contract drawings.

d. Changes in design details or additional information obtained from working drawings

specified to be prepared and/or furnished by the Contractor including but not limited

to fabrication, erection, installation plans, and placing details, pipe sizes, insulation

materials, dimensions, or equipment foundations, etc.

e. The location and description of all buried facilities installed by the contractor

including at least two ties to permanent features and bury depth of major components,

fittings, appurtenances, and change of direction of pipelines.

f. All changes or modification which results from the final inspection.

g. All information as required in the technical specifications.

One copy of the Record Drawings shall be delivered to the Contract Manager with the

Contractor's written request for final inspection. The Contract Manager will expedite

drawings review and will provide written approval or disapproval prior to the final

inspection. If the Record Drawings are disapproved, they will be returned to the Contractor

for further work and re-submittal. Final payment will not occur until an approved set of

drawings is received.

35.2

35.3

35.4

35.5

36.0

CLEANUP AND FINISH GRADING

36.1

The Contractor shall restore all areas disturbed by construction to a condition at least equal

to that existing prior to construction. Excess construction materials, equipment, tools, waste

excavation, and rubbish shall be removed. Excavated areas shall be finish graded to provide

drainage as required by the drawings and technical specifications, or in the absence of

specific requirements, to provide drainage away from the facilities constructed and to restore

original drainage patterns in existence prior to construction and to provide drainage away

from excavated areas and installed facilities.

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37.0

MEASUREMENT AND PAYMENT

37.1

Completed items of work shall be measured and paid for in accordance with the requirements

listed in the bid schedule and any subsequent approved change orders. Payment shall be

based on the actual quantities completed and shall represent full compensation under the

contract. The price paid for the completed item of work shall include full compensation for

furnishing all labor, materials, (other than that furnished by the Owner), tools, equipment,

and performing all work required by the provisions of the contract to furnish and install the

item of work, complete in place. In all cases, the finished product shall be a complete,

operational system or component.

38.0

VARIATION IN ESTIMATED QUANTITIES

38.1

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual

quantity of the unit-priced item varies more than 25% above or below the estimated quantity,

an equitable adjustment in the contract price shall be made upon demand of either party. The

equitable adjustment shall be based upon any increase or decrease in costs due solely to the

variation above 125% or below 75% of the estimated quantity. If the quantity variation is

such as to cause an increase in the time necessary for completion, the Contractor may request,

in writing, an extension of time, to be received by the Contract Manager within fourteen (14)

calendar days from the beginning of the delay, or within such further period as may be

granted by the Contract Manager before the date of final settlement of the contract. Upon the

receipt of a written request for an extension, the Contract Manager shall ascertain the facts

and make any appropriate adjustment for extending the completion date.

39.0

FINAL INSPECTION

39.1

Final inspection will be made by the Owner when the Contractor advises that all materials

have been furnished, all the work has been performed, and all the construction provided for

by the contract has been completed in accordance with its terms. The Contractor shall submit

a written request to the Owner at least seven (7) calendar days before the requested final

inspection date.

If a re-inspection or re-test is required because of uncompleted work, the Owner may charge

the Contractor for re-inspection costs.

The Owner will provide written acceptance when all materials, work or other requirements

of the drawings, specifications and contract are furnished or completed. The written

acceptance will include the date the work is determined to be complete, and until such

acceptance, the Contractor will be responsible for all work performed and materials

delivered.

39.2

39.3

40.0

PAYMENTS TO CONTRACTOR –

PER TRINIDAD RANCERIA PROCUREMENT POLICY AND CONTRACT

40.1

Upon completion and acceptance of the work, the Contract Manager shall issue a certificate

attached to the final payment request that the work has been accepted by him under the

conditions of the contract documents. Within thirty (30) calendar days of completion and

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40.2

40.3

acceptance of the work, the Owner shall pay the entire balance found to be due the Contractor

including the retained percentages, but except such sums as may be lawfully retained by the

Owner, shall pay the entire balance found to be due the Contractor including the retained

percentages, but except such sums as may be lawfully retained by the Owner.

The Contractor will indemnify and save the Owner or the Owner's agents harmless from all

claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics,

material men, and furnishers of machinery and parts thereof, equipment, tools, and all

supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at

the Contract Manager's request, furnish satisfactory evidence that all obligations of the nature

designated above have been paid, discharged, or waived. If the Contractor fails to do so the

Contract Manager may, after having notified the Contractor, either arrange payment for

unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed

reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is

furnished that all liabilities have been fully discharged whereupon payment to the Contractor

shall be resumed, in accordance with the terms of the contract documents, but in no event

shall the provisions of this sentence be construed to impose any obligations upon the Owner

to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the

Contractor, any payment so made by the Owner shall be considered as a payment made under

the contract documents by the Owner to the Contractor and the Owner shall not be liable to

the Contractor for any such payments made in good faith.

If the Owner fails to make payment in forty-five (45) calendar days after approval by the

Contract Manager, in addition to other remedies available to the Contractor, there shall be

added to each such payment interest at the maximum legal rate commencing on the first day

after said payment is due and continuing until the payment is received by the Contractor.

41.0

ASSIGNMENTS

41.1

Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of the

contract or any portion thereof, or of his right, title or interest therein, or his obligations there

under, without written consent of the other party.

42.0

GUARANTY

42.1

The Contractor shall guarantee all materials and equipment furnished and work performed

for a period of one year from the date of substantial completion of the system that the

completed system is free from all defects due to faulty materials or workmanship and the

Contractor shall promptly make such corrections as may be necessary by reason of such

defects including the repairs of any damage to other parts of the systems resulting from such

defects. The Contract Manager will give notice of observed defects with reasonable

promptness. In the event that the Contractor should fail to make such repairs, adjustments,

or other work that may be made necessary by such defects, the Owner may do so and charge

the Contractor the cost thereby incurred. The performance bond, if required, shall remain in

full force and effect through the guarantee period.

43.0

ACCEPTANCE OF FINAL PAYMENT AS RELEASE

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43.1

The acceptance by the Contractor of final payment shall be and shall operate as a release to

the Owner of all claims and all liability to the Contractor other than claims in stated amounts

as may be specifically accepted by the Contractor for all things done or furnished in

connection with this work and for every act and neglect of the Owner and others relating to

or arising out of this work. Any payment, however, final or otherwise, shall not release the

Contractor or his sureties from any obligations under the contract documents or the

performance and payment bonds.

44.0

CONTRACT MANAGER’S ROLE AND AUTHORITY

44.1

44.2

44.3

44.4

The Contract Manager or his designee shall act as the Owner's representative during the

construction period. He shall decide questions which may arise as to quality and

acceptability of materials furnished and work performed. He shall interpret the intent of

the contract documents in a fair and unbiased manner. The Contract Manager will make

visits to the site and determine if the work is proceeding in accordance with the contract

documents.

The Contractor will be held strictly to the intent of the contract documents in regard to

the quality of materials, workmanship and execution of the work. Inspections may be

made at the factory or fabrication plant of the source of material supply.

The Contract Manager will not be responsible for the construction means, controls,

techniques, sequences, procedures, or construction safety.

The Contract Manager does not have authority to obligate the Owner to change in the

terms of the contract without the approval of the Owner.

45.0

RESOLUTION OF DISPUTES

45.1

All claims, disputes and other matters in question arising out of, or relating to, the contract

documents or the breach thereof, except for claims which have been waived by the making

and acceptance of final payment as provided by Section 43, shall be decided by arbitration

in accordance with the Construction Industry Arbitration Rules of the American Arbitration

Association. This agreement to arbitrate shall be specifically enforceable under the prevailing

arbitration law. The award rendered by the arbitrators shall be final, and judgment may be

entered upon it in any court having jurisdiction thereof.

Notice of the demand for arbitration shall be filed in writing with the other party to the

contract documents and with the American Arbitration Association. Demand for arbitration

shall in no event be made on any claim, dispute or other matter in question which would be

barred by the applicable statute of limitations.

The Contractor will carry on the work and maintain the progress schedule during any

arbitration proceedings, unless otherwise mutually agreed in writing.

45.2

45.3

46.0

EQUAL EMPLOYMENT OPPORTUNITY

46.1

During the performance of this contract, the Contractor agrees not to discriminate against

any employee or applicant for employment because of race, color, religion, sex, or national

origin.

The Contractor shall take affirmative action to ensure the applicants are employed, and that

employees are treated during employment, without regard to their race, color, religion, sex,

or national origin. Such action shall include, but not be limited to, the following:

46.2

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employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or

termination, rates of pay or other forms of compensation, and selection for training, including

apprenticeships.

46.3 The Contractor agrees to post in conspicuous places available to employees and applicants

for employment, notices setting forth the provisions of this nondiscrimination clause.

46.4 The Contractor shall, in all solicitations or advertisements for employees placed by or on

behalf of the Contractor state that all qualified applicants shall receive consideration for

employment without regard to race, color, religion, sex, or national origin.

46.5 The Contractor shall send, to each labor union or representative of workers with which he/she

has a collective bargaining agreement or other contract or understanding, a notice advising

the labor union or workers' representative of the Contractor's commitment under this clause,

and post copies of the notice in conspicuous places available to employees and applicants for

employment.

46.6 The Contractor shall comply with all provisions of Executive Order No. 11246, as amended,

and the rules, regulations, and relevant orders of the Secretary of Labor.

46.7 The Contractor shall furnish to the Contract Manager, all information required by Executive

Order No. 11246, as amended, and by the rules, regulations, and orders of the Secretary of

Labor. Standard Form 100 (EEO - 1), or any successor form, is the prescribed form to be

filed within thirty (30) calendar days following the award, unless filed within 12 months

preceding the date of award.

46.8 The Contractor shall permit access to its books, records, and accounts by the Owner, Owner's

representatives or the Office of Federal Contract Programs (OFCCP) for the purposes of

investigation to ascertain compliance with the applicable rules, regulations, and orders.

46.9 If the OFCCP determines that the Contractor is not in compliance with this clause or any

rules, regulations, and orders of the Secretary of Labor, this contract may be canceled,

terminated, or suspended in whole or in part and the Contractor may be declared ineligible

for further contracts.

46.10 The Contractor shall include the terms and conditions of this section in every subcontract or

purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor

issued under Executive Order No. 12246, as amended, so that such provisions will be binding

upon each subcontractor or vendor.

46.11 The Contractor shall take such action with respect to any subcontract or purchase order as

the Contract Manager may direct as a means of enforcing these terms and conditions,

including sanctions for noncompliance; provided, that if the Contractor becomes involved

in, or is threatened with litigation with a subcontractor or vendor as a result of such direction

by the Contract Manager, the Contractor may request the Owner and the United States to

enter into such litigation to protect the interests of the United States.

47.0

CLEAN AIR AND WATER

47.1

The Contractor agrees to comply with all the requirements of section 114 of the Clean Air

Act (42 U.S.C. 7414) and section 308 of the Clean Water Act (33 U.S.C. 1318) relating to

inspection, monitoring, entry, reports, and information, as well as other requirements

specified in section 114 and section 308 of the Clean Air Act and the Clean Water Act, and

all regulations and guidelines issued to implement those acts before the award of this

contract.

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47.2

47.4

The Contractor agrees that no portion of the work required by this prime contract will be

performed in a facility listed on the Environmental Protection Agency List of Violating

Facilities on the date when this contract was awarded unless and until the EPA eliminates

the name of the facility from the listing.

The Contractor agrees to use best efforts to comply with clean air standards and clean water

standards at the facility in which the contract is being performed.

The Contractor agrees to insert the substance of this clause into any nonexempt subcontract.

48.0

INDIAN PREFERENCE

47.3

48.1 The Contractor agrees:

48.5.1 To give preference in employment opportunities under this contract to the greatest extent

feasible to Indians who can perform the required work, regardless of age (subject to existing

laws and regulations), sex, religion, or Tribal affiliation. To the maximum extent feasible and

consistent with the efficient performance of this contract, the Contractor further agrees to

give preference to the greatest extent feasible in employment and training opportunities under

this contract to Indians who are not fully qualified to perform regardless of age (subject to

existing laws and regulations), sex, religion, or tribal affiliation.

48.5.2 The Contractor also agrees to give preference to Indian Organizations and Indian-owners

economic enterprises in the awarding of any subcontracts to the greatest extent feasible and

consistent with the efficient performance of this contract. The Contractor shall maintain

statistical records as are necessary to indicate compliance with this paragraph.

48.2 In connection with the Indian employment preference requirements of this clause, the

Contractor shall provide opportunities for on-the-job training incident to such employment

that will increase the vocational effectiveness of an Indian employee.

48.3 If the Contractor is unable to fill its employment and training opportunities after giving full

consideration to Indians as required by this clause, those needs may be satisfied by selection

of persons other than Indian in accordance with applicable fair employment practices.

48.4 If no Indian organizations or Indian-owned economic enterprises are available under

reasonable terms and conditions, including price, for awarding of subcontracts in connection

with the work performed under this contract, the Contractor agrees to comply with the

provisions of this contract by applying fair, competitive contracting practices.

48.5 As used in this clause:

48.5.1 The term "Indian" means a person who is a member of an Indian Tribe or qualifies as a

California Indian according to federal law. If the Contractor has reason to doubt that a person

seeking employment preference is an Indian, the Contractor shall grant the preference but

shall require the individual to provide evidence within 30 days from start of employment.

48.5.2 The term "Indian Tribe" means an Indian Tribe, pueblo, band, nation, or other organized

group or community, including any Alaska Native village or regional or village corporation

as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat.

688; 43 U.S.C. 16311) which is recognized as eligible for the special programs and services

provided by the United States to Indian because of their status as Indians.

48.5.3 The term “Indian Organization" means the governing body of any Indian Tribe or entity

established or recognized by such governing body in accordance with the Indian Financing

Act of 1974 (88 Stat. 77; 25 U.S.C. 1451); and,

48.5.4 The term "Indian-owned Economic Enterprise" means any Indian-owned commercial,

industrial, or business activity established or organized for the purpose of profit, provided

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that such Indian ownership shall constitute not less than 51% of the enterprise, and that

ownership shall encompass active operation and control of the enterprise.

END OF SECTION 007200

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SECTION 007343

WAGE RATE REQUIREMENTS

SECTION 1

GENERAL

1.1 Federal Department of Labor prevailing wages are applicable for this project per the DavisBacon Act of 1931.

1.2 The wage determination of the Secretary of Labor will need t

This text is long and has been trimmed here. Open the source document for the complete record.