# COMPLETE BIDDING AND CONTRACTING MANUAL > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Acher-ae_heights%3A0eb63aabe95dff17 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 TVCE 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 TVCE Plumbing Toilet & Misc Accessories Table of Contents 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 TVCE 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 TVCE 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 TVCE 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. TVCE 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. TVCE 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. TVCE 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 TVCE 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 TVCE 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. TVCE 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 TVCE 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. TVCE 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) TVCE 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 TVCE 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: TVCE 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 TVCE General Conditions 007200-6 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 TVCE General Conditions 007200-7 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 TVCE General Conditions 007200-8 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 TVCE General Conditions 007200-9 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 TVCE General Conditions 007200-10 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 TVCE General Conditions 007200-11 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. TVCE General Conditions 007200-12 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 resu [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Acher-ae_heights%3A0eb63aabe95dff17. Public record. Not legal advice.