REQUEST FOR QUOTATIONS

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FY26-45 Tree Removal Project

Unit 3213, Unit 4201 and Unit 4202 Moccasin Run

Inchelium, WA 99138

Description:

Furnish labor and materials to: Remove and dispose of fourteen (14) trees at three (3) different

locations in Inchelium, WA:

1. Secure area prior to tree removal.

2. Safety requirements.

3. Tree removal.

4. Stump and root grinding.

5. Cleanup and disposal.

6. Grade and restore sites.

The Colville Indian Housing Authority is requesting Quotations to furnish labor and material for the above

items as contained in the attached scope of work.

All work and materials will be as shown in the Scope of Work and Provisions to the Contract.

The following documents are attached and will be included in and become part of the Contract Documents:

Form of Quote (fill out and submit with quote)

Non-Collusion Affidavit (fill out and submit with quote)

Statement Regarding Indian Preference (fill out and submit with quote)

HUD Form 5369-A (fill out and submit with quote)

CCT Solid Waste Disposal Form (fill out and submit with quote)

Contract for Maintenance Routine/Non-Routine (sample)

System for Award Management (SAM) Clause

HUD Determined Non-Routine Maintenance Wage Rate

Indian Enterprise Qualifications Statement (MUST be included or on file with CIHA for Indian

Preference points)

10. TERO Compliance and Utilization Plan (fill out and submit with quote)

Colville Indian Housing Authority

P.O. Box 528

42 Convalescent Center Boulevard

Nespelem, Washington 99155

Or:

Faxed copies or e-mailed PDF version of proposals are acceptable. CIHA is not responsible for incomplete or

late fax transmissions. FAX # (509) 634-2335/ E-mail: toria.jackson.hsg@colvilletribes.com

CIHA will receive quotations no later than 3:00 PM (local time), September 02, 2026

any quotations received after the above time will not be considered and will be returned to the proposer.

No pre-proposal meeting will be held, prospective bidders are strongly encouraged to visit the project

locations. The trees to be removed are marked with blue paint. There are seven (7) trees marked at Unit

3213. There are four (4) trees marked at Unit 4201. There are three (3) trees marked at Unit 4202.

Google Maps location of 3213 Moccasin Run: https://maps.app.goo.gl/WpMxcHU3GXSuiRFC7

Google Maps location of 4201 Moccasin Run: https://maps.app.goo.gl/9PbnCQeHG9jLXgEt8

Google Maps location of 4202 Moccasin Run: https://maps.app.goo.gl/XxcR2mmtLasgZnGb6

Quotations must be submitted on the Form of Quotation, along with all attachments, as

required in the Contract Documents and Specifications.

Hard copies of quotations must be delivered to:

Colville Indian Housing Authority

P.O. Box 528

42 Convalescent Center Boulevard

Nespelem, Washington 99155

Or Fax copies:

FAX # (509) 634-2335

Or Electronic copies: E-mail: toria.jackson.HSG@colvilletribes.com

CIHA reserves the right to reject any and all proposals or to cancel or modify this RFQ at its sole

discretion if it determines it is in the best interest of CIHA to do so.

Award of contract will be based on several rating factors used for small purchase methods of procurement

as spelled out in 2 CFR Part 200.

Award based on price. CIHA shall make award to the qualified Indian-owned economic enterprise or

organization with the lowest responsive quotation if it is reasonable and no more than 10% higher than the

lowest responsive quotation received. If no responsive quotation from a qualified Indian-owned economic

enterprise or organization is within10% of the lowest responsive quotation from any qualified source, then

award shall be made to the source with the lowest quotation.

NOTE: Before a contract can be executed the Contractor and any sub-contractors must provide proof of

liability insurance and auto insurance. They must provide Washington State Industrial Insurance or

equivalent if the Contractor or Sub Contractor plans to hire employees. Any entities submitting a

proposal must also submit a signed copy of the Statement on Indian Preference.

All TERO and TOSHA regulations shall be adhered to in the performance of this contract work.

Indian preference will be given in the award of contracts "to the greatest extent feasible" as determined in

sec 7(b) of the Indian Self Determination and Education Act (25 U.S.C. 450e (b).

For additional information concerning this Request for Quotations, please contact Eric Eberlein at (509)

634-2198 or e-mail: eric.eberlein.hsg@colvilletribes.com

SCOPE OF WORK AND PROVISIONS TO THE CONTRACT

FY26-45 Tree Removal Project

Unit 3213, Unit 4201 and Unit 4202 Moccasin Run

Inchelium, WA 99138

Provisions to the Contract:

A. The contractor is responsible for contacting the Tribal Employment Rights Office (TERO) and

confirm their requirements regarding contracting on the Colville Indian Reservation. The Colville

Indian Housing Authority will support TERO in their implementation and enforcement of their

program in connection with contract work. The contractor will provide the authorized TERO

Compliance and Utilization Plan to CIHA before beginning work. All fees and cost related to

TERO should be considered when preparing a cost estimate for work.

B. Any omissions or additions from or to the attached scope of work must be requested in writing by

the contractor and approved in writing by the contracting officer or authorized designee.

C. To the greatest extent possible, protect all trees, bushes, and other items that may be in the

proximity of the work being performed. The contractor is responsible for any damage that might

occur in relation to the work being performed.

D. All debris and salvage become the property of the contractor and must be removed from the site

and dumped in an approved area as required by CCT CHAPTER 4-13 Solid Waste.

E. No payment for work will be made until work has been inspected and approved by the contracting

officer or designated representative. Request for payments will be made on the approved form

provided by CIHA.

F. The contractor will furnish all manpower, tools, scaffolding, vehicles, and safety equipment as

required by T.O.S.H.A., as well as any other equipment necessary to complete the clean-up work

as described.

G. The Contractor shall provide all labor, materials, and equipment necessary for protection of

personnel, equipment, furnishings, buildings, and facility accessories (such as parking lots, fences,

etc.) from damage. Fixed items shall be removed, if necessary, and replaced in their original

locations. Equipment, furnishings, buildings, and facility accessories damaged due to work

performed under the scope of work shall be repaired or replaced to their original construction and

finish by this Contractor at no additional cost to CIHA.

H. Before a contract can be executed, the Contractor and any sub-contractors must provide proof of

Auto Insurance and Commercial General Liability (min. 1,000,000 Injury, General Aggregate,

Products, 100,000 Fire, and 5,000 Medical expense). They must provide Washington State

Industrial Insurance or equivalent if the Contractor or Sub Contractor plans to hire employees.

I. Before submitting a quote, each bidder shall carefully examine the Drawings, read the

specifications and all addenda and visit the site of the work. Each bidder shall fully inform

themselves prior to submitting a bid as to all existing conditions and limitations under which is to

be performed. No allowance will be made to any Bidder because of lack of such examination or

knowledge. Submission of a quote, it will be construed as conclusive evidence that the Bidder has

made such examination.

Description:

1. Secure area prior to tree removal.

2. Safety requirements.

3. Tree removal.

4. Stump and root grinding.

5. Cleanup and disposal.

6. Grade and restore sites.

FY26-45: Start of Schedule Requirements

Schedule of completion shall not exceed 21 consecutive calendar days.

Work hours shall be 8:00 A.M. to 5:00 P.M. Monday - Friday

FY26-45: End of Schedule Requirements

FY26-45: Start of Scope of Work

Furnish all labor, equipment and materials to: Remove fourteen (14) trees, grind stumps, grind

roots, cleanup and dispose.

1. Secure area prior to tree removal:

The Contractor is responsible to secure the site and to keep persons, animals and personal property of the

resident safe from any potential danger as a result of the conditions on the site and the work being

performed. Signage (typical industry signage such as: Caution, Work Ahead, Tree Felling) shall be posted

to alert people of the project. Septic tanks and drain fields shall be located prior to start of work.

Equipment shall not be operated on septic tanks or drain fields. Trees shall not be felled on septic

tanks or drain fields. CIHA will assist in the location of septic tanks and drain fields. Contractor is

responsible for removing and reinstalling any fencing as needed to facilitate tree removal.

2. Safety requirements:

a. The Contractor shall perform traffic control as needed during the course of this project. This includes

temporary signs and barriers, which will be removed as soon as work is completed.

b. Emergency vehicles shall have access at all times during the course of this project.

c. At least 50% of the roadway shall remain open at all times, except when tree felling makes this unsafe.

All efforts should be made to limit closure.

d. All pedestrians shall be escorted around project areas.

e. Prior to cutting, all overhead wires and guy wires shall be noted to avoid damage to utilities.

f. Under no circumstances shall a work area be left in unsafe conditions. Before leaving site

unattended for any period of time the following must be addressed:

1.The main access road(s) entering and/or exiting a tree removal area must be cleared to allow for

access by emergency vehicles and CIHA tenant vehicles.

2. All hangers, spring poles, and/or leaners or any other falling hazard, must be completely felled before

the end of each workday.

3. All trees which have been cut, even partials or minor cuts, must be felled.

4. Under no circumstances shall logs from trees be left for the public, tenants or adjacent tenants to

collect.

g. Personal Protective Equipment (PPE) shall be worn at all times. PPE shall conform to all current ANSI

Z133 Safety Requirements for Arboricultural Operations. This includes but is not limited to helmets,

eye protection, clothing, footwear, climbing lines, gloves, leg protection (chaps) and hearing protection.

h. Fire hydrants shall remain accessible at all times.

3. Tree removal:

The fourteen (14) trees that are marked for removal shall be removed without damaging any surrounding

trees, utilities, structures, vehicles or property. If damage occurs it is the responsibility of the Contractor to

repair or replace without cost to CIHA, tenant or public entity. All current ANSI Z133 guidelines for Tree

Felling shall be followed.

4. Stump and root grinding.

After tree removal, all stumps shall be removed without damaging any surrounding trees, utilities,

structures, vehicles or property. If damage occurs it is the responsibility of the Contractor to repair or

replace without cost to CIHA, tenant or public entity. All current ANSI Z133 guidelines for Stump

Grinding shall be followed. Grind the remaining stump to a minimum depth of eight (8) inches from

surrounding grade or deeper if necessary, to completely sever the roots from the main root mass. All

surface roots and/or raised areas from the root flare shall be ground out to a minimum depth of eight (8)

inches below the surrounding grade. Backfilling of holes shall occur on the same day the grindings are

removed, otherwise the site shall be properly barricaded overnight to ensure public safety.

5. Cleanup and disposal.

Remove all trunks, treetops, branches, limbs, chips and grindings from the site daily. Dispose of all

debris off-site, per approved CCT Solid Waste Plan.

6. Grade and restore sites.

Holes where stumps, roots and any other areas disturbed by Contractor’s activities or equipment shall be

backfilled and leveled to the surrounding grade with topsoil. After leveling, Contractor shall plant areas

that have been disturbed with appropriate lawn grass seed.

Contractor is responsible for utility locates.

http://www.callbeforeyoudig.org/washington

FY26-45: End of Scope of Work

Map to Unit 3213, Unit 4201 and Unit 4202 Moccasin Run Inchelium, WA 99138

4202

3213

4201

10.

Form of Quote

Non-Collusion Affidavit

Statement Regarding Indian Preference

HUD Form 5369A

Solid Waste Permit

Contract Template

SAM Clause

HUD Non-Routine Maintenance Wage

Decision

Indian Enterprise Qualifications

Statement

TERO Compliance and Utilization Plan

FORM OF QUOTE

PAGE - 1

COLVILLE INDIAN HOUSING AUTHORITY

QUOTE FOR: PROJECT:

TO:

FY26-45 Tree Removal Project

Unit 3213, Unit 4201 and Unit 4202 Moccasin Run

Inchelium, WA 99138

COLVILLE INDIAN HOUSING AUTHORITY

P. O. BOX 528/42 CONVALESCENT CENTER BOULEVARD

NESPELEM, WASHINGTON 99155

Gentlemen:

the undersigned, have familiarized myself

with the local conditions affecting the cost of the work and with the Specifications (including

Request for Quotations, this Form of Quote, the General Scope of Work, and drawings. If any

thereto, as prepared by Owner’s Representative and on file in the office of the CIHA, hereby

proposes to furnish all labor, materials, equipment and services as required in the scope of work

for the above mentioned project, all in accordance therewith, for the sum of:

DOLLARS ($

)

Include TERO fees with quote.

Site Investigation: The Contractor acknowledges that he has satisfied himself as to the nature

and location of the work, the general and local conditions, particularly those bearing upon

transportation, disposal, handling and storage of materials, availability of labor, water, electrical

power, roads and uncertainties of weather, ground water table or similar physical conditions at

the site, the conformation and conditions of the ground surface, the character, quality and

quantity of surface materials to be encountered, the character of equipment and facilities needed

prior to and during the prosecution of the work or the cost thereof under this Contract. Any failure

by the Contractor to acquaint himself with all of the available information concerning these

conditions will not relieve him from responsibility for estimating properly the difficulty or cost of

successfully performing the work.

Amendment Receipt:

Receipt of the following addenda is acknowledged:

Amendment No. :

Date:

FORM OF QUOTE

PAGE - 2

COLVILLE INDIAN HOUSING AUTHORITY

II.

In submitting this Quote, it is understood that the right is reserved by the CIHA to reject

any and all Quotes. If written notice of the acceptance of this Quote is mailed,

telegraphed, faxed, or delivered to the undersigned within sixty (60) days after the

opening thereof, or at any time thereafter before this Quote is withdrawn, the undersigned

agrees to execute and deliver a Contract in the prescribed form.

IV.

Attached hereto is an affidavit in proof that the undersigned has not entered into any

collusion with any person in respect to this quote or any other quote or the submitting of

quotes for the contract for which this quote is submitted.

The Bidder represents that he ( ) has, ( ) has not, participated in a previous contract or

subcontract subject to the equal opportunity clause prescribed by Executive Orders

10925, 11114, or 11246 or the Secretary of Labor; that he ( ) has, ( ) has not, filed all

required compliance reports; and that representations indicating submission of required

compliance reports, signed by proposed subcontractors, will be obtained prior to

subcontract awards. (The above representation need not be submitted in connection

with contracts or subcontracts that are exempt from the clause.)

VII.

I have enclosed with this bid the following items per Instruction to Bidders.

NOTE:

a. Form of Quote

b. Statement regarding Indian Preference

c. Representations, Certifications, and other statements of bidders.

d. CCT Solid Waste Permit Application

e. Non-Collusive Affidavit

f. Indian Enterprise Qualification Statement

g. TERO Compliance and Utilization Plan

The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

DATE

OFFICIAL ADDRESS:

NAME OF BIDDER

TITLE

TELEPHONE

END OF FORM OF QUOTE

CIHA Form 05/2018

Non-Collusion Affidavit

affirm as follows:

, being first duly sworn under oath, do hereby attest and

1. That I am a duly authorized officer or agent of

, the offeror

submitting the competitive proposal attached to this Affidavit, for the purpose of certifying the

facts pertaining to the existence of collusion among the offerors or between this offeror and any

officer, agent or employee of Colville Indian Housing Authority (CIHA) or the Colville

Confederated Tribes (Tribe), as well as facts pertaining to the giving or offering things of value to

officers, agents or employees of CIHA or the Tribe in return for special consideration in the

letting of any contract pursuant to the attached competitive bid.

2. That I am fully aware of the facts and circumstances surrounding the making of the

competitive proposal and has been personally and directly involved in the proceedings leading to

the submission of such proposal.

3. That the proposal submitted is genuine and is not the product of any collusion and is not a

sham proposal, and that all statements in the proposal are true.

4. That neither the offeror named above nor anyone subject to the offeror’s direction or control

has been a party:

a. to any collusion among offerors to agree to bid at a fixed price or to refrain from

submitting a proposal, or as to quantity, quality, cost element, profit, overhead, or price in

the prospective contract or as to any other term of the prospective contract;

b. to any collusion with any CIHA or Tribal officer, agent or employee as to quantity,

quality, cost element, profit, overhead, or price in the prospective contract or as to any

other term of the prospective contract;

c. to any discussions between offerors or between this offeror and any officer, agent or

employee of CIHA or the Tribe pertaining to the giving or offering things of value to

officers, agents or employees of CIHA or the Tribe in return for special consideration in

the letting of any contract pursuant to the attached proposal.

So sworn this

day of

, 20

Signature of Affiant

(Certification on page 2)

1|Page

CIHA Form 05/2018

Non-Collusion Affidavit

Certification

County of

State of

)

)ss

)

I, the undersigned, a duly commissioned and sworn notary public, do hereby certify that

on the

day of

, 20

, the above-signed

personally

appeared before me and was personally known to me, and executed the within instrument and

acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses

and purposes therein mentioned.

Notary Public for

My Commission Expires:

2|Page

Statement Regarding Indian Preference

If successful, the offeror (through its duly authorized and

undersigned representative) hereby agrees and certifies that it will:

To the greatest extent feasible, give preference in the award of any subcontracts to

Indian organizations and Indian-owned economic enterprises, and adopt and

implement, for all subcontracts, the Indian Preference Requirements of 24 CFR

1000.48 – 52, the Tribes’ Tribal Employment Rights Ordinance (Chapter 10-1 of

the Colville Tribal Code, hereinafter “TERO”) and the CIHA Procurement Policy

to the greatest extent feasible. Copies of these provisions are attached hereto.

To the greatest extent feasible, give preference in opportunities for training and

employment to Indians, and adopt and implement, for hiring, training, and

promotion, the Indian Preference provisions of 24 CFR 1000.48 – 52, the TERO,

and the CIHA Personnel Manual. Copies of these provisions are attached hereto.

Supply information to CIHA and, where required, to the Tribal Employment

Rights Office as established under the TERO, on a periodic basis during

performance of its duties under the contract demonstrating its efforts to apply

Indian preference in hiring, promotion, training, and subcontracting, including

what steps were taken to solicit Indian businesses for subcontracting and Indian

people for hiring, promotion, and training.

Submit, and cause each subcontractor to submit, a certification and supporting

evidence to CIHA whenever it is not feasible to provide Indian preference in

subcontracting.

Offerer acknowledges and understands that improper subcontracting or false

certification as to Indian preference in hiring and training, or as to subcontracting with

Indian enterprises or organizations, shall be grounds for termination of the contract and

for seeking penalties against the Contractor.

Dated this

Signature

Printed Name

Title

day of

, 20

On behalf of:

Name of Offeror

U.S. Department of Housing

and Urban Development

Office of Public and Indian Housing

Representations, Certifications,

and Other Statements of Bidders

Public and Indian Housing Programs

Previous edition is obsolete

form HUD-5369-A (11/92)

Representations, Certifications,

and Other Statements of Bidders

Public and Indian Housing Programs

Table of Contents

Clause

Page

Certificate of Independent Price Determination

Contingent Fee Representation and Agreement

Certification and Disclosure Regarding Payments

to Influence Certain Federal Transactions

Organizational Conflicts of Interest Certification

Bidder's Certification of Eligibility

Minimum Bid Acceptance Period

Small, Minority, Women-Owned Business Concern

Representation

Indian-Owned Economic Enterprise and Indian

Organization Representation

Certification of Eligibility Under the Davis-Bacon Act

10. Certification of Nonsegregated Facilities

11. Clean Air and Water Certification

12. Previous Participation Certificate

13. Bidder's Signature

bidder must furnish with its bid a signed statement setting forth in

detail the circumstances of the disclosure.

[ ] [Contracting Officer check if following paragraph is applicable]

(d) Non-collusive affidavit. (applicable to contracts for construction

and equipment exceeding $50,000)

(1) Each bidder shall execute, in the form provided by the PHA/

IHA, an affidavit to the effect that he/she has not colluded with any

other person, firm or corporation in regard to any bid submitted in

response to this solicitation. If the successful bidder did not submit

the affidavit with his/her bid, he/she must submit it within three (3)

working days of bid opening. Failure to submit the affidavit by that

date may render the bid nonresponsive. No contract award will be

made without a properly executed affidavit.

(2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is not

included with the bid.

Certificate of Independent Price Determination

Contingent Fee Representation and Agreement

(a) Definitions. As used in this provision:

(a) The bidder certifies that-(1) The prices in this bid have been arrived at independently,

without, for the purpose of restricting competition, any consultation,

communication, or agreement with any other bidder or competitor

relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the

methods or factors used to calculate the prices offered;

(2) The prices in this bid have not been and will not be

knowingly disclosed by the bidder, directly or indirectly, to any other

bidder or competitor before bid opening (in the case of a sealed bid

solicitation) or contract award (in the case of a competitive proposal

solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the bidder to

induce any other concern to submit or not to submit a bid for the

purpose of restricting competition.

(b) Each signature on the bid is considered to be a certification by

the signatory that the signatory-(1) Is the person in the bidder's organization responsible for

determining the prices being offered in this bid or proposal, and that

the signatory has not participated and will not participate in any

action contrary to subparagraphs (a)(l) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the

following principals in certifying that those principals have not

participated, and will not participate in any action contrary to

subparagraphs (a)(l) through (a)(3) above.

[insert

full name of person(s) in the bidder's organization responsible for

determining the prices offered in this bid or proposal, and the title of

his or her position in the bidder's organization];

(ii) As an authorized agent, does certify that the principals

named in subdivision (b)(2)(i) above have not participated, and will

not participate, in any action contrary to subparagraphs (a)(1)

through (a)(3) above; and

Previous edition is obsolete

(iii) As an agent, has not personally participated, and will

not participate in any action contrary to subparagraphs (a)(1)

through (a)(3) above.

Page1 of 3

"Bona fide employee" means a person, employed by a bidder

and subject to the bidder's supervision and control as to time, place,

and manner of performance, who neither exerts, nor proposes to

exert improper influence to solicit or obtain contracts nor holds out

as being able to obtain any contract(s) through improper influence.

"Improper influence" means any influence that induces or tends

to induce a PHA/IHA employee or officer to give consideration or to

act regarding a PHA/IHA contract on any basis other than the merits

of the matter.

(b) The bidder represents and certifies as part of its bid that, except

for full-time bona fide employees working solely for the bidder, the

bidder:

(1) [ ] has, [ ] has not employed or retained any person or

company to solicit or obtain this contract; and

(2) [ ] has, [ ] has not paid or agreed to pay to any person or

company employed or retained to solicit or obtain this contract any

commission, percentage, brokerage, or other fee contingent upon or

resulting from the award of this contract.

bidder shall make an immediate and full written disclosure to the

PHA/IHA Contracting Officer.

(d) Any misrepresentation by the bidder shall give the PHA/IHA the

right to (1) terminate the contract; (2) at its discretion, deduct from

contract payments the amount of any commission, percentage,

brokerage, or other contingent fee; or (3) take other remedy

pursuant to the contract.

Certification and Disclosure Regarding Payments to

Influence Certain Federal Transactions (applicable to

contracts exceeding $100,000)

(a) The definitions and prohibitions contained in Section 1352 of

title 31, United States Code, are hereby incorporated by reference

in paragraph (b) of this certification.

form HUD-5369-A (11/92)

(b) The bidder, by signing its bid, hereby certifies to the best of his

or her knowledge and belief as of December 23, 1989 that:

(1) No Federal appropriated funds have been paid or will be

paid to any person for influencing or attempting to influence an

officer or employee of any agency, a Member of Congress, an officer

or employee of Congress, or an employee of a Member of Congress

on his or her behalf in connection with the awarding of a contract

resulting from this solicitation;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have

been paid, or will be paid, to any person for influencing or attempting

to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a

Member of Congress on his or her behalf in connection with this

solicitation, the bidder shall complete and submit, with its bid, OMB

standard form LLL, "Disclosure of Lobbying Activities;" and

(3) He or she will include the language of this certification in all

subcontracts at any tier and require that all recipients of subcontract

awards in excess of $100,000 shall certify and disclose accordingly.

for making or entering into this contract imposed by section 1352,

title 31, United States Code. Any person who makes an expenditure

prohibited under this provision or who fails to file or amend the

disclosure form to be filed or amended by this provision, shall be

subject to a civil penalty of not less than $10,000, and not more than

$100,000, for each such failure.

(d) Indian tribes (except those chartered by States) and Indian

organizations as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) are exempt

from the requirements of this provision.

Organizational Conflicts of Interest Certification

The bidder certifies that to the best of its knowledge and belief and

except as otherwise disclosed, he or she does not have any

organizational conflict of interest which is defined as a situation in

which the nature of work to be performed under this proposed

contract and the bidder's organizational, financial, contractual, or

other interests may, without some restriction on future activities:

(a) Result in an unfair competitive advantage to the bidder; or,

(b) Impair the bidder's objectivity in performing the contract work.

[ ] In the absence of any actual or apparent conflict, I hereby certify

that to the best of my knowledge and belief, no actual or apparent

conflict of interest exists with regard to my possible performance of

this procurement.

Bidder's Certification of Eligibility

(a) By the submission of this bid, the bidder certifies that to the best

of its knowledge and belief, neither it, nor any person or firm which

has an interest in the bidder's firm, nor any of the bidder's subcontractors, is ineligible to:

(1) Be awarded contracts by any agency of the United States

Government, HUD, or the State in which this contract is to be

performed; or,

(2) Participate in HUD programs pursuant to 24 CFR Part 24.

(b) The certification in paragraph (a) above is a material representation of fact upon which reliance was placed when making award.

If it is later determined that the bidder knowingly rendered an

erroneous certification, the contract may be terminated for default,

and the bidder may be debarred or suspended from participation in

HUD programs and other Federal contract programs.

Previous edition is obsolete

Page 2 of 3

Minimum Bid Acceptance Period

(a) "Acceptance period," as used in this provision, means the

number of calendar days available to the PHA/IHA for awarding a

contract from the date specified in this solicitation for receipt of bids.

(b) This provision supersedes any language pertaining to the

acceptance period that may appear elsewhere in this solicitation.

[Contracting Officer insert time period] calendar days.

(d) In the space provided immediately below, bidders may specify

a longer acceptance period than the PHA's/IHA's minimum requirement. The bidder allows the following acceptance period:

calendar days.

(e) A bid allowing less than the PHA's/IHA's minimum acceptance

period will be rejected.

(f) The bidder agrees to execute all that it has undertaken to do, in

compliance with its bid, if that bid is accepted in writing within (1) the

acceptance period stated in paragraph (c) above or (2) any longer

acceptance period stated in paragraph (d) above.

Small, Minority, Women-Owned Business Concern

Representation

The bidder represents and certifies as part of its bid/ offer that it -(a) [ ] is, [ ] is not a small business concern. "Small business

concern," as used in this provision, means a concern, including its

affiliates, that is independently owned and operated, not dominant

in the field of operation in which it is bidding, and qualified as a small

business under the criteria and size standards in 13 CFR 121.

(b) [ ] is, [ ] is not a women-owned business enterprise. "Womenowned business enterprise," as used in this provision, means a

business that is at least 51 percent owned by a woman or women

who are U.S. citizens and who also control and operate the business.

business enterprise," as used in this provision, means a business

which is at least 51 percent owned or controlled by one or more

minority group members or, in the case of a publicly owned business,

at least 51 percent of its voting stock is owned by one or more

minority group members, and whose management and daily operations are controlled by one or more such individuals. For the purpose

of this definition, minority group members are:

(Check the block applicable to you)

[ ] Black Americans

[ ] Asian Pacific Americans

[ ] Hispanic Americans

[ ] Asian Indian Americans

[ ] Native Americans

[ ] Hasidic Jewish Americans

Indian-Owned Economic Enterprise and Indian

Organization Representation (applicable only if this

solicitation is for a contract to be performed on a project for an

Indian Housing Authority)

The bidder represents and certifies that it:

(a) [ ] is, [ ] is not an Indian-owned economic enterprise.

"Economic enterprise," as used in this provision, means any commercial, industrial, or business activity established or organized for

the purpose of profit, which is at least 51 percent Indian owned.

"Indian," as used in this provision, means any person who is a

member of any tribe, band, group, pueblo, or community which is

recognized by the Federal Government as eligible for services from

the Bureau of Indian Affairs and any "Native" as defined in the Alaska

Native Claims Settlement Act.

(b) [ ] is, [ ] is not an Indian organization. "Indian organization,"

as used in this provision, means the governing body of any Indian

tribe or entity established or recognized by such governing body.

Indian "tribe" means any Indian tribe, band, group, pueblo, or

form HUD-5369-A (11/92)

community including Native villages and Native groups (including

corporations organized by Kenai, Juneau, Sitka, and Kodiak) as

defined in the Alaska Native Claims Settlement Act, which is

recognized by the Federal Government as eligible for services from

the Bureau of Indian Affairs.

Certification of Eligibility Under the Davis-Bacon

Act (applicable to construction contracts exceeding $2,000)

(a) By the submission of this bid, the bidder certifies that neither it

nor any person or firm who has an interest in the bidder's firm is a

person or firm ineligible to be awarded contracts by the United States

Government by virtue of section 3(a) of the Davis-Bacon Act or 29

CFR 5.12(a)(1).

(b) No part of the contract resulting from this solicitation shall be

subcontracted to any person or firm ineligible to be awarded

contracts by the United States Government by virtue of section 3(a)

of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

S. Criminal Code, 18 U.S.C. 1001.

10.

Certification of Nonsegregated Facilities (applicable

to contracts exceeding $10,000)

(a) The bidder's attention is called to the clause entitled Equal

Employment Opportunity of the General Conditions of the Contract for Construction.

(b) "Segregated facilities," as used in this provision, means any

waiting rooms, work areas, rest rooms and wash rooms, restaurants

and other eating areas, time clocks, locker rooms and other storage

or dressing areas, parking lots, drinking fountains, recreation or

entertainment areas, transportation, and housing facilities provided

for employees, that are segregated by explicit directive or are in fact

segregated on the basis of race, color, religion, or national origin

because of habit, local custom, or otherwise.

and will not maintain or provide for its employees any segregated

facilities at any of its establishments, and that it does not and will not

permit its employees to perform their services at any location under

its control where segregated facilities are maintained. The bidder

agrees that a breach of this certification is a violation of the Equal

Employment Opportunity clause in the contract.

(d) The bidder further agrees that (except where it has obtained

identical certifications from proposed subcontractors for specific

time periods) prior to entering into subcontracts which exceed

$10,000 and are not exempt from the requirements of the Equal

Employment Opportunity clause, it will:

(1) Obtain identical certifications from the proposed subcontractors;

(2) Retain the certifications in its files; and

(3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical

certifications for specific time periods):

Notice to Prospective Subcontractors of Requirement for

Certifications of Nonsegregated Facilities

A Certification of Nonsegregated Facilities must be submitted before

the award of a subcontract exceeding $10,000 which is not exempt

from the provisions of the Equal Employment Opportunity clause of

the prime contract. The certification may be submitted either for

each subcontract or for all subcontracts during a period (i.e.,

quarterly, semiannually, or annually).

Note: The penalty for making false statements in bids is prescribed

in 18 U.S.C. 1001.

11.

Clean Air and Water Certification (applicable to contracts exceeding $100,000)

The bidder certifies that:

(a) Any facility to be used in the performance of this contract [ ]

is, [ ] is not listed on the Environmental Protection Agency List of

Violating Facilities:

(b) The bidder will immediately notify the PHA/IHA Contracting

Officer, before award, of the receipt of any communication from the

Administrator, or a designee, of the Environmental Protection

Agency, indicating that any facility that the bidder proposes to use

for the performance of the contract is under consideration to be

listed on the EPA List of Violating Facilities; and,

this certification, including this paragraph (c), in every nonexempt

subcontract.

12.

Previous Participation Certificate (applicable to

construction and equipment contracts exceeding $50,000)

(a) The bidder shall complete and submit with his/her bid the Form

HUD-2530, "Previous Participation Certificate." If the successful

bidder does not submit the certificate with his/her bid, he/she must

submit it within three (3) working days of bid opening. Failure to

submit the certificate by that date may render the bid nonresponsive.

No contract award will be made without a properly executed certificate.

(b)

A fully executed "Previous Participation Certificate"

[ ] is, [ ] is not included with the bid.

13.

Bidder's Signature

The bidder hereby certifies that the information contained in these

certifications and representations is accurate, complete, and

current.

(Signature and Date)

(Typed or Printed Name)

(Title)

(Company Name)

(Company Address)

Previous edition is obsolete

Page 3 of 3

form HUD-5369-A (11/92)

SOLID WASTE DISPOSAL FORM

The Confederated Tribes of the Colville Reservation

Public Works Department/Solid Waste

12 Lakes Street P.O. Box 150

Nespelem, WA 99155

509-634-2808

RECEIPTS FROM THE LAND FILL MUST BE RETURNED TO THE PUBLIC WORKS DEPARTMENT WITHIN 5

DAYS OF DISPOSAL. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN FINES AS A RESULT

OF ILLEGAL DUMPING.

PROPERTY OWNER: ________________________________ PHONE NUMBER: ________________________________

OWNER ADDRESS: _________________________________ EMAIL: __________________________________________

CONTRACTOR(S): ____________________________________ START DATE: ___________________________________

•

SITE LOCATION:______________________________________________________________________________

___________________________________________________________________________________________

•

SCOPE OF WORK: ____________________________________________________________________________

•

IF THERE IS NO WASTE FOR THE PROJECT APPLICANT MUST STILL SIGN & DATE THIS FORM

WASTE TYPE: CHECK ALL THAT APPLY

CEMENT/FOUNDATION

METAL

CARDBOARD

OTHER_______________

INSULATION ELECTRICAL/WIRING PLUMBING ROOFING/TAR PAPER

PLASTIC SHEET ROCK/SIDING

ACM/MATERIALS CONTAINING LEAD

*IN ORDER FOR THIS FORM TO BE CONSIDERED COMPLETE A DISPOSAL SITE MUST BE SELECTED/NAMED,

THIS FORM MUST ALSO BE SIGNED AND DATED*

THE TRIBAL DUMP IS NOT AN OPTION FOR CONSTRUCTION WASTE

CIRCLE DISPOSAL SITE BELOW (IF SITE NOT LISTED WRITE IN SITE): NO WASTE CHECK HERE:

OKANOGAN COUNTY LANDFILL, OKANOGAN WA

STEVENS COUNTY LANDFILL, KETTLE FALLS, WA

DELANO LANDFILL, GRAND COULEE, WA

GRAHAM ROAD, AIRWAY HEIGHTS, WA

WRITE IN: _______________________________

APPLICANT OR CONTRACTOR SIGNATURE: ___________________________________ DATE: _____________

SOLID WASTE MANAGER APPROVAL SIGNATURE: _______________________________ DATE: _______________

4.13.6 Disposal

(b) All building contractors and any person as defined by Section 4.136.2(k) are required by this Chapter to submit to the department for review and approval a Solid Waste Disposal Plan

prior to commencement of work to dispose of work site waste materials through the department or at the nearest approved landfill. The department shall issue a notice of noncompliance to any building contractor who fails to submit the plan, and impose a fine of $100 per day for each day that the Solid Waste Plan is not submitted to the department.

(Amended 11/7/02, Resolution 2002-675)

Colville Indian Housing Authority

Contract:

SAMPLE

CONTRACT# FY26-41

CONTRACT FOR MAINTENANCE (ROUTINE/NON-ROUTINE)

This contract (hereinafter “Contract”) entered in this day,

Housing Authority, hereinafter referred to as "CIHA" and

"Contractor".

, between the Colville Indian

hereinafter referred to as

SECTION ONE

Description of scope of work

All materials and work are as shown on the attached RFQ, Scope of Work, Addendums, and the

Contractor’s Proposal or Quotation (collectively the “Work”).

SECTION TWO

CONTRACT PRICE

CIHA agrees to pay Contractor for the Work described in Section One, a total Contract Price of

_________ ($

)(“Contract Price”). Payment of this amount is subject to additions or deductions in

accordance with the provisions of this CONTRACT and of any other documents to which this

CONTRACT is subject.

SECTION THREE

PAYMENT

CIHA shall pay the full amount of the Contract Price upon completion of the Work with the

following exceptions:

(i) Work is found to be defective and not remedied;

(ii) Contractor does not make prompt and proper payments to subcontractors;

(iii) Contractor does not make prompt and proper payments for labor, materials or equipment

furnished to Contractor; or

(iv) Claims or liens are filed on the job.

CIHA shall make payment to Contractor within ten (10) days after the Work is completed,

provided that:

(i)

This CONTRACT be at that time fully performed;

(ii)

Final payment shall not be due until Contractor has delivered to CIHA:

(A) A complete release of any and all liens arising out of the CONTRACT;

(B) Receipts in full covering all labor, materials, and equipment for which a lien could be

filled; or

SECTION FOUR

CLAIMS

By accepting final payment, Contractor waives all claims except those that Contractor has previously

made in writing and which remain unresolved under the Dispute Resolution provision of this

CONTRACT at the time of acceptance.

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Contract for Maintenance (Small Purchase)

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Colville Indian Housing Authority

Contract:

SECTION FIVE

STARTING AND COMPLETION DATES; LIQUIDATED DAMAGES

Contractor's Work under this CONTRACT shall begin on Click here to enter a date. and shall be

completed by Click here to enter a date.. The Parties hereby mutually acknowledge that Contractor’s

failure to complete the Work hereunder by the above-specified date will cause CIHA to incur substantial

economic damages and losses of types and in amounts which are impossible to compute and ascertain

with certainty as a basis for recovery by CIHA of actual damages, and that liquidated damages represent a

fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay,

Contractor agrees and consents that liquidated damages may be assessed and recovered by CIHA as

against Contractor in the event of any breach of this provision of the CONTRACT and without CIHA

being required to present any evidence of the amount or character of actual damages sustained by reason

thereof. Contractor agrees to pay to CIHA $100.00 (if left blank, then the amount shall be $100) per day

liquidated damages for each day required to complete Work beyond the above stated completion date.

CIHA may at its option deduct liquidated damages from payments due Contractor. Such liquidated

damages are intended to represent estimated actual damages and are not intended as a penalty, and

Contractor shall pay them to CIHA without limiting CIHA’s right to terminate this CONTRACT for

default.

SECTION SIX

CONTRACT DOCUMENTS

The Contract Documents on which the CONTRACT between CIHA and Contractor is based, in

accordance with which the Work is to be done are as follows:

This CONTRACT, together with such supplementary CONTRACT and conditions as are attached

hereto;

The plans and specifications and scopes of work with attached addendum issued before execution

of this CONTRACT, and any amendments hereafter to be made;

Contractor's approved bid or proposal;

Written interpretation of the Contract Documents specified above and directives to be made from

time to time by CIHA's Contract Officer;

Work change orders issued or to be issued by CIHA's Contract Officer agreed to by the

Contractor;

Central Contractor Registry Clause (attached hereto);

Statement Regarding Indian Preference; and

To the extent applicable, the Colville Tribal Employment Rights Ordinance.

These Contract Documents together form the CONTRACT for the Work herein described. The Parties

intend that the documents include provisions for all labor, materials, equipment, supplies, and other items

necessary for the execution and completion of the Work and all terms and conditions of payment. The

documents also include all work and procedure not expressly indicated therein which are necessary for the

proper execution of the Work.

SECTION SEVEN

AUTHORITY OF CIHA'S CONTRACT OFFICER

Executive Director of CIHA is hereby designated Contract Officer for purposes of this CONTRACT. The

duties and authority of the CIHA's Contract Officer shall be as follows:

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General Administration of Contract. The Primary function of the CIHA Contract Officer is to

provide general administration of the CONTRACT as CIHA's representation during the entire

Contract for Maintenance (Small Purchase)

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Colville Indian Housing Authority

Contract:

period of construction.

Inspections, Opinions, and Progress Reports. The Contract Officer shall keep familiar with the

progress and quality of the Work by making periodic visits to the Work site. The Contract Officer

will make general determinations as to whether the Work is proceeding in accordance with the

CONTRACT. Neither CIHA nor the Contract Officer will be responsible for the means of

construction or for Contractor's failure to perform the Work properly and in accordance with the

Contract Documents.

Access to Work Site for Inspections. The Contract Officer shall be given free access to the

Work at all times during the CONTRACT period. However, the Contract Officer is not required

to make exhaustive or continuous on site inspections to perform the duty of checking and

reporting on Work progress.

Interpretations of Contract Documents. The Contract Officer will be the interpreter of the

Contract Documents and requirements and will make decisions on claims and disputes between

the Contractor and CIHA.

Rejection and Stoppage of Work. The Contract Officer shall have authority to reject Work,

which in Contract Officer’s opinion does not conform to the Contract Documents, and in this

connection, to stop the Work or a portion thereof when necessary to insure Contractor's

performance is in accordance with the terms of this CONTRACT.

Dispute Resolution. The Contract Officer will be the ultimate arbiter of disputes under this

CONTRACT, as set out in Section Seventeen herein.

SECTION EIGHT

RESPONSIBILITIES OF CIHA

Any instructions given the Contractor by CIHA shall be given through the Contract Officer or his or her

designee; and CIHA shall furnish all necessary surveys and easements, which may be required for

Contractor to complete the job. CIHA reserves the right to let other contracts in connections with the

Work. The Contractor shall cooperate with all other contractors to the effect that their work shall not be

impeded by Contractor’s construction activities, and shall give them access to the Work site necessary to

perform their contract.

SECTION NINE

RESPONSIBILITIES OF CONTRACTOR

Contractor's duties and rights in connection with the Work are as follows:

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Responsibility for the Supervision of Construction. Contractor represents that Contractor has

inspected and is familiar with the Work site and the local conditions under which the Work is to

be performed. Contractor shall be solely responsible for all construction under this CONTRACT,

including the techniques, sequences, procedures, and means for coordination of all Work of

Contractor’s employees and subcontractors, and shall give all attentions necessary for such proper

supervision and direction.

Discipline and Employment. Contractor shall maintain at all times strict discipline among

Contractor’s employees, and agrees not to employ for Work any person unfit or without sufficient

skill to perform the job for which he or she was employed.

Furnishing of Labor, Materials, etc. Contractor shall provide and pay for all labor, materials

and equipment, including but not limited to tools, construction equipment machinery utilities,

including water transportation, and all facilities and services necessary for the proper completion

of the Work in accordance with the Contract Documents.

Contract for Maintenance (Small Purchase)

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Colville Indian Housing Authority

Contract:

Payment of Taxes, Procurement of Licenses and Permits. Contractor shall pay any taxes

required by law in connection with Work and shall secure all licenses and permits necessary for

proper completion of the Work, paying the fees therefore.

Compliance with Laws and Regulations:. Contractor shall comply with all applicable laws and

ordinances, and rules, regulations, or orders of all public authorities relating to the performance of

the Work herein. Contractor is required to have knowledge of all applicable laws and regulations

and has the responsibility to investigate and determine all applicable laws and regulations. If any

of the Contract Documents are at variance therewith, Contractor shall notify the Contract Officer

promptly on discovery of such variance.

Responsibility for Negligence of Employees and Subcontractors. Contractor assumes full

responsibility for acts, negligence or omissions of all Contractor’s employees on the Work, for

those of Contractor’s subcontractors and their employees and subcontractors, and for those of all

other persons doing Work under a contract with Contractor.

Warranty of Fitness of Equipment and Materials. Contractor represents and warrants to CIHA

that all equipment and materials used in the Work and made a part of any structure thereon, or

placed permanently in connection therewith, will be new unless otherwise specified in the

Contract Documents, of good quality, free defects, and in conformity with the Contract

Documents. It is understood between the parties hereto that all equipment and materials that are

not so in conformity are defective.

Furnishing of Samples and Shop Drawings. Contractor agrees to furnish the CIHA Contract

Officer, upon request, all samples and shop drawings for consideration and approval as to

conformance with the specifications of the Contract Documents and concepts of design called for

therein.

Cleanliness of Work Premises. Contractor agrees to keep the Work premises and adjoining

ways free of waste materials and rubbish caused by Contractor’s Work or that of Contractor’s

subcontractors. Contractor further agrees to remove all such waste materials and rubbish on

termination of the Work, together with all Contractor’s tools, equipment, machinery and surplus

materials. Contractor agrees on terminating Contractor’s Work at the site to conduct general

clean up operations including the cleaning of all glass surfaces, paved streets and walks, steps,

and interior floors and walls.

Indemnity and Hold Harmless CONTRACT. Contractor agrees to indemnity and hold

harmless CIHA, the CIHA Contract Officer and CIHA’s agents and employees from and against

all claims, damages, losses, and expenses including reasonable attorneys fees in case it shall be

necessary for CIHA to commence or defend an action arising out of or associated in any way with

performance of the Work herein which is:

(i) For bodily injury, illness or death, property damage including loss of use, or other damage;

and

(ii) Caused in whole or part by Contractor's negligent act or omission, or that of any

subcontractor, or that of any agent, employee, officer or other person employed by them or

carrying out any duties or actions on their behalf.

Payment of Royalties and License Fees.

(i) Hold Harmless CONTRACT:

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Contract for Maintenance (Small Purchase)

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Colville Indian Housing Authority

Contract:

Contractor agrees to pay all royalties and license fees necessary for the Work and to defend all

actions and settle all claims for infringement of copyright or patent rights, and to save CIHA

harmless there from.

(ii) Safety Precautions and Programs:

Contractor has duty of providing for and overseeing all safety orders, precautions and programs

necessary to the reasonable safety of the Work. In this connection, Contractor shall take

reasonable precautions for the safety of all Work employees and other persons whom the Work

might affect, all work and materials incorporated in the Work, and all property and improvements

on the construction site and adjacent thereto, complying with all applicable laws, ordinances,

rules, regulations, and orders.

SECTION TEN

TIME OFF/EXTENSION OF TIME

Time is of the essence for all time requirements under this Contract. Contract times may only be

extended by a change order from the CIHA Contract Officer for such reasonable time as the Contract

Officer may determine when in Contract Officer’s sole opinion Contractor is delayed in Work progress by

change ordered, labor disputes, fire, prolong transportation delays, injuries, or other causes beyond

Contractor's control or which justify the delay.

SECTION ELEVEN

SUBCONTRACTORS

Contractor agrees to furnish the CIHA Contract Officer, prior to the commencement of Work under this

CONTRACT, a list of subcontractors to whom Contractor proposes to award the Work to be

subcontracted by Contractor. A subcontractor for the purpose of this CONTRACT shall be a person with

whom Contractor has a direct contract for Work at the Work site. Contractor agrees not to employ a

subcontractor to whose employment the Contract Officer of CIHA objects, nor shall Contractor be

required to hire a subcontractor to whose employment Contractor may reasonably object. All contracts

between the Contractor and subcontractors shall conform to the provisions of the Contract Documents and

shall incorporate in such subcontracts the relevant provisions of this CONTRACT.

SECTION TWELVE

INSURANCE

Contractor shall provide insurance as follows and shall provide to CIHA certificates verifying the

indicated insurance coverage:

8/22

Contractor's Liability Insurance. Contractor agrees to keep in force, at Contractor’s own

expense during the entire period of the Work, such liability insurance as will protect Contractor

from claims under workman's compensation, and other employee benefit laws for bodily injury

and death, and for property damage, that may arise out of Work under this CONTRACT, whether

directly or indirectly by Contractor, or indirectly by a subcontractor. Such insurance shall include

contractual liability insurance applicable to Contractor’s obligations under this CONTRACT.

Proof of such insurance shall be filed by Contract with CIHA within a reasonable time after

execution of this CONTRACT and prior to the commencement of Work by the Contractor.

Builder’s Risk Insurance. Contractor further agrees to purchase and maintain in full force and

effect during the entire period of construction a policy of Builder's Risk Insurance for the benefit

for CIHA against any claim or lawsuit CIHA for bodily injury, illness or death, or for property

damage, including loss of use, or any other damage, which is caused in whole or in part by

Contractor's negligent act or omission or that of a subcontractor.

Contract for Maintenance (Small Purchase)

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Colville Indian Housing Authority

Contract:

Waive of Work Site Property Damage Claims to Extent of Insurance Coverage. CIHA and

Contractor hereby waive all claims against each other for fire damage and damages from other

perils only to the extent such damage is covered by Insurance coverage in existence and

applicable to such damage. SECTION THIRTEEN

CORRECTING WORK

When it appears to Contractor during the course of construction that any work does not conform to the

provisions of the Contract Documents, Contractor shall make necessary corrections so that such work will

so conform, and in addition will correct any defects caused by faulty materials, equipment, or

workmanship in work supervised by Contractor or by a subcontractor, appearing within

(if left

blank then the period shall be one (1) year) from the date for issuance of a certificate of substantial

completion by the Contract Officer, or within such longer period as may be prescribed by law or as may

be provided for by applicable special guarantees in the Contract Documents.

SECTION FOURTEEN

WORK CHANGES

CIHA reserves the right to order Work changes in the nature of additions, deletions, or modifications,

without invalidating the CONTRACT, and agrees to make corresponding adjustments in the Contract

Price and time for completion. Any such changes will be authorized by the written change order signed

by the Contract Officer. The change order will include conforming changes in the CONTRACT and

completion time. Work shall be changed, and Contract Price and completion time shall be modified only

as set out in the written change order. Any adjustments in the Contract Price resulting in a credit or

charge to CIHA shall be determined by the mutual agreement of the parties to this CONTRACT, prior to

starting the work involved in the change.

SECTION FIFTEEN

TERMINATION

This CONTRACT may be terminated by CIHA as follows:

Termination for Cause. CIHA may terminate this CONTRACT for cause upon written notice provided

to Contractor specifying the cause of said termination. “For cause” means a breach of or default under

any material provision of this CONTRACT. Failure to terminate for one instance of breach or default

shall not be deemed a waiver of the right to terminate for a subsequent occurrence of the same or another

breach or default. The failure by Contractor to perform any of its obligations hereunder, which failure

continues uncured for a period of 30 days following CIHA's written notice to Contractor thereof, shall

constitute an "Event of Default by Contractor" under this CONTRACT. After any Event of Default by

Contractor, Contractor shall reimburse CIHA for all reasonable costs and expenses (including attorneys'

fees) of enforcement of CIHA's rights and remedies under this Section.

Termination for Convenience. Notwithstanding any other provision of this CONTRACT, CIHA may

terminate this CONTRACT in whole or in part when it determines that continuing the CONTRACT is no

longer in the best interest of CIHA. Such termination will be effected by the delivery of written notice to

the Contractor of a Notice of Termination specifying the extent to which the CONTRACT is terminated

and the effective date of the termination. If CIHA terminates for convenience under this clause, CIHA

shall pay to Contractor all reasonable and proper payment for services provided up to the date of the

termination provided that the Contractor submits an invoice to CIHA in writing with appropriate

documentation.

SECTION SIXTEEN

POSSESSION UPON SUBSTANTIAL COMPLETION

CIHA reserves the right to take over and utilize areas of the Work site which Contractor's Work has been

substantially completed, although other portions of the contracted Work remain to be finished. In such an

instance all Contractor's obligation under this CONTRACT shall remain in force and Contractor will

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Contract for Maintenance (Small Purchase)

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Colville Indian Housing Authority

Contract:

remain responsible for the entire Work covered by this CONTRACT until the Contract Officer has issued

a Certificate of Completion:

SECTION SEVENTEEN

DISPUTE RESOLUTION

“Claim” as used in this Section, means a written demand or written assertion by one of the contracting

parties seeking, as a matter or right, the payment of money in a sum certain, the adjustment or

interpretation of CONTRACT terms, or other relief arising under or relating to the CONTRACT. A claim

arising under the CONTRACT, unlike a claim relating to the CONTRACT, is a claim that can be resolved

under a CONTRACT clause that provides for the relief sought by the claimant. A voucher, invoice, or

other routine request for payment that is not in dispute when submitted is not a claim. The submission

may be converted to a claim by complying with the requirements of this clause, if it is disputed either as

to liability or amount or is not acted upon I a reasonable time.

All disputes arising under or relating to this CONTRACT, including any claims for damages for the

alleged breach thereof which are not disposed of by CONTRACT, shall be resolved under this clause.

All claims by the Contractor shall be made in writing and submitted to the CIHA Contracting Officer for

a written decision. A claim by CIHA against the Contractor shall be subject to a written decision by the

Contracting Officer.

The Contracting Officer shall, within 60 days after receipt of the request, decide the claim or notify the

Contractor of the date by which the decision will be made.

The Contracting Officer’s decision shall be final unless the Contractor appeals in writing to a higher level

in CIHA in accordance with CIHA’s policy and procedures. In the event that CIHA does not have a

policy and procedures for such an appeal, an appeal may be made to the Board of Commissioners or other

governing body of CIHA. Such appeal must be made within 30 days after receipt of the Contracting

Officer’s decision.

The Contractor shall proceed diligently with performance of this CONTRACT, pending final resolution of

any request for relief, claim, appeal, or action arising under or relating to the CONTRACT, and comply

with any decision of the Contracting Officer.

Nothing in this CONTRACT, or any action taken by CIHA or any of its agents or employees in

connection with this CONTRACT shall be deemed to be a waiver of the sovereign immunity of CIHA

unless such waiver is explicit and in writing, and fully complies with all CIHA, Tribal, and federal

requirements for the waiver of such immunity.

The Tribal Court of the Colville Confederated Tribes shall have exclusive jurisdiction over any suit that

may be filed relating to the CONTRACT, provided that this designation shall not be deemed to be a

waiver of the sovereign immunity of CIHA.

SECTION EIGHTEEN

INDIAN PREFERENCE (SECTION 7(b) CLAUSE)

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)) (the Indian Act). Section 7(b)

requires that to the greatest extent feasible:

(i) Preferences and opportunities for training and employment shall be given to Indians; and

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Contract for Maintenance (Small Purchase)

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Colville Indian Housing Authority

Contract:

(ii) Preferences in the award of contracts and subcontracts shall be given to Indian organizations and

Indian-owned economic enterprises.

Contractor shall comply with the provisions of section 7(b) of the Indian Act.

In connection with this CONTRACT, 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.

Contractor shall include the section 7(b) clauses set forth in Section Eighteen of this CONTRACT in

every subcontract in connection with the Work, and shall, at the direction of CIHA take appropriate action

pursuant to the subcontract upon a finding by the recipient or HUD that the subcontractor has violated the

section 7(b) clause of the Indian Act.

SECTION NINETEEN

EMPLOYMENT AND LABOR STANDARDS

Contractor shall comply with all applicable federal and state laws regarding employment

discrimination and Indian preference and the Colville Tribal Employment Rights Ordinance, and

shall require the same of all subcontractors.

Minimum Wages

(i) All maintenance laborers and mechanics employed under this CONTRACT in the operation of the

Work shall be paid unconditionally and not less often than semi-monthly, and without subsequent

deduction (except as otherwise provided by law or regulations), the full amount of wages due at time of

payment computed at rates not less than those contained in the wage determination of the Secretary of

Housing and Urban Development which is attached hereto and made a part hereof. Such laborers and

mechanics shall be paid the appropriate wage rate on the wage determination for the classification of

work actually performed, without regard to skill. Laborers or mechanics performing work in more than

one classification may be compensated at the rate specified for each classification for the time actually

worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each

classification in which work is performed. The wage determination, including any additional

classifications and wage rates approved by HUD under this Section Nineteen shall be posted at all times

by the Contractor and its subcontractors at the site of the Work in a prominent and accessible place where

it can be easily seen by the workers.

(ii) (A) Any class of laborers or mechanics which is not listed in the wage determination and which is to

be employed under the CONTRACT shall be classified in conformance with the wage determination.

HUD shall approve an additional classification and wage rate only when the following criteria have been

met:

(1) The Work to be performed by the classification required is not performed by a classification in the

wage determination;

(2) The classification is utilized in the area by the industry; and

(3) The proposed wage rate bears a reasonable relationship to the wage rates contained in the wage

determination.

(B) The wage rate determined pursuant to this paragraph shall be paid to all workers performing work in

the classification under this CONTRACT from the first day on which Work is performed in the

classification.

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Withholding of funds. The Contracting Officer, upon his/her own action or upon request of HUD, shall

withhold or cause to be withheld from the Contractor under this CONTRACT or any other contract

subject to HUD-determined wage rates, with the same prime Contractor, so much of the accrued

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payments or advances as may be considered necessary to pay laborers and mechanics employed by the

Contractor or any subcontractor the full amount of wages required by this clause. In the event of failure to

pay any laborer or mechanic employed under this CONTRACT all or part of the wages required under

this CONTRACT, the Contracting Officer or HUD may, after written notice to the Contractor, take such

action as may be necessary to cause the suspension of any further payment or advance until such

violations have ceased. The Public Housing Agency or HUD may, after written notice to the Contractor,

disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective

employees to whom they are due.

Records

(i) The Contractor and each subcontractor shall make and maintain for three (3) years from the

completion of the Work records containing the following for each laborer and mechanic:

(A) Name, address and Social Security Number;

(B) Correct work classification or classifications;

(D) Rate or rates of any fringe benefits provided;

(E) Number of daily and weekly hours worked;

(F) Gross wages earned;

(G) Any deductions made; and

(H) Actual wages paid.

(ii) The Contractor and each subcontractor shall make the records required under paragraph (d) of this

Section Ninteen available for inspection, copying, or transcription by authorized representatives of HUD

or the Contracting Officer and shall permit such representatives to interview employees during working

hours on the job. If the Contractor or any subcontractor fails to make the required records available, HUD

or its designee may, after written notice to the Contractor, take such action as may be necessary to cause

the suspension of any further payment, advance or guarantee of funds.

Apprentices and Trainees

(i) Apprentices and trainees will be permitted to work at less than the predetermined rate for the work

they perform when they are employed pursuant to and individually registered in:

(A) A bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and

Training Administration (ETA), Office of Apprenticeship Training, Employer and Labor Services

(OATELS), or with a state apprenticeship agency recognized by OATELS, or if a person is employed in

his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who

is not individually registered in the program, but who has been certified by OATELS or a state

apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice;

(B) A trainee program which has received prior approval, evidenced by formal certification by the U.S.

Department of Labor, ETA; or

(ii) Each apprentice or trainee must be paid at not less than the rate specified in the registered or approved

program for the apprentice’s/trainee’s level of progress, expressed as a percentage of the journeyman

hourly rate specified in the applicable wage determination. Apprentices and trainees shall be paid fringe

benefits in accordance with the provisions of the registered or approved program. If the program does not

specify fringe benefits, apprentices/trainees must be paid the full amount of fringe benefits listed on the

wage determination for the applicable classification.

(iii) The allowable ratio of apprentices or trainees to journeyman on the job site in any craft classification

shall not be greater than the ratio permitted to the employer as to the entire work force under the approved

program.

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(iv) Any worker employed at an apprentice or trainee wage rate who is not registered in an approved

program, and any apprentice or trainee performing work in excess of the ratio permitted under the

approved program, shall be paid not less than the applicable wage rate on the wage determination for the

classification of work actually performed.

(v) In the event OATELS, a state apprenticeship agency recognized by OATELS or ETA, or HUD,

withdraws approval of an apprenticeship or trainee program, the employer will no longer be permitted to

utilize apprentices/trainees at less than the applicable predetermined rate for the work performed until an

acceptable program is approved.

Disputes concerning labor standards

(i) Disputes arising out of the labor standards provisions contained in this Section Nineteen shall be

subject to the following procedures. Disputes within the meaning of this paragraph include disputes

between the Contractor (or any of its subcontractors) and the Contracting Officer, or HUD, or the

employees or their representatives, concerning payment of prevailing wage rates or proper classification.

The procedures in this section may be initiated upon HUD’s own motion, upon referral of the Contracting

Officer, or upon request of the Contractor or subcontractor(s).

(A) A Contractor and/or subcontractor or other interested party desiring reconsideration of findings of

violation by the Contracting Officer or HUD relating to the payment of straight-time prevailing wages or

classification of work shall request such reconsideration by letter postmarked within 30 calendar days of

the date of notice of findings issued by the Contracting Officer or HUD. The request shall set forth those

findings that are in dispute and the reasons, including any affirmative defenses, with respect to the

violations. The request shall be directed to the appropriate Contracting Officer or HUD official in

accordance with instructions contained in the notice of findings or, if the notice does not specify to whom

a request should be made, to the Regional Labor Relations Officer (HUD).

(B) The Contracting Officer or HUD official shall, within 60 days (unless otherwise indicated in the

notice of findings) after receipt of a timely request for reconsideration, issue a written decision on the

findings of violation. The written decision on reconsideration shall contain instructions that any appeal of

the decision shall be addressed to the Regional Labor Relations Officer by letter postmarked within 30

calendar days after the date of the decision. In the event that the Regional Labor Relations Officer was the

deciding official on reconsideration, the appeal shall be directed to the Director, Office of Labor Relations

(HUD). Any appeal must set forth the aspects of the decision that are in dispute and the reasons, including

any affirmative defenses, with respect to the violations.

on reconsideration) after receipt of a timely appeal, issue a written decision on the findings. A decision of

the Regional Labor Relations Officer may be appealed to the Director, Office of Labor Relations, by letter

postmarked within 30 days of the Regional Labor Relations Officer’s decision. Any appeal to the Director

must set forth the aspects of the prior decision(s) that are in dispute and the reasons. The decision of the

Director, Office of Labor Relations, shall be final.

(ii) Disputes within the meaning of this paragraph (f) include disputes between the Contractor (or any of

its subcontractors) and CIHA, HUD, the U.S. Department of Labor, or the employees or their

representatives regarding the subject matter of this Section Nineteen.

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Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions

contained in this Section Nineteen and also a clause requiring the subcontractors to include these

provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by

any subcontractor or lower tier subcontractor with all the provisions contained in these clauses.

Non-Federal Prevailing Wage Rates. Any prevailing wage rate (including basic hourly rate and any

fringe benefits), determined under state law to be prevailing, with respect to any employee in any trade or

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position employed under the CONTRACT, is inapplicable to the CONTRACT and shall not be enforced

against the Contractor or any subcontractor, with respect to employees engaged under the CONTRACT

whenever such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable

wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade

or position.

SECTION TWENTY

MISCELLANEOUS TERMS AND CONDITIONS

Lead-Based Paint Poisoning Prevention. Contractor will comply with the lead-based paint poisoning

prevention requirements set out in 24 CFR 1000.40.

RESERVED

Use of Debarred, Suspended or Ineligible Subcontractors. CONTRACTOR will comply with

Executive Orders 12549 and 12689, and OMB implementation guidelines as set out in 2 CFR 180. A

contract award must not be made to parties listed on the government wide exclusions in the System for

Award Management (SAM), “Debarment and Suspension.” SAM Exclusions contains the names of

parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible

under statutory or regulatory authority other than Executive Order 12549. CONTRACTOR will comply

with the prohibitions set out in 24 CFR Part 24, 2 CFR Part 200, 2 CFR Part 2424, as well as any Tribal

and CIHA requirements, with regard to the use of debarred, suspended or ineligible subcontractors. (24

CFR 1000.44).

Drug-Free Workplace. Contractor will comply with the Drug-Free Workplace Act of 1988, HUD’s

implementing regulations at 24 CFR Part 24, and any tribal requirements as set out in 24 CFR 1000.46.

Equal Employment Opportunity. CONTRACTOR will comply with Executive Order 11246 of

September 24, 1965, entitled "Equal Employment Opportunity,'' as amended by Executive Order 11375 of

October 13, 1967, as further amended by Executive Order 13672 of July 21, 2014, and as it may be

subsequently amended, and implementing regulations at 41 CFR Part 60, and as supplemented in

Department of Labor regulations, rules, and orders, consistent with the Indian preference requirements set

out in Section 7, above.

No Liens. Contractor and all subcontractors shall ensure that no mechanic’s or other liens are filed

against CIHA’s property arising out of work performed under this CONTRACT or for any other purpose.

In the event that a lien is filed against CIHA’s property, Contractor and all subcontractors shall, at CIHA’s

request, at any time that Contractor is disputing the validity or amount of such lien, provide a bond or

other security reasonably acceptable to CIHA in the amount of such lien.

Assignment.

Neither party may assign this CONTRACT or any interest in this CONTRACT without the

express prior written consent of the other party, which consent shall not be unreasonably

withheld; provided, however, that CIHA may assign its rights under this CONTRACT to an

affiliate of CIHA or to the Colville Confederated Tribes in the event of a merger, reorganization,

or consolidation as a result of which CIHA is not a surviving legal entity. In the event of any

such assignment by either party, that party’s assignee shall have all the rights, powers, privileges,

remedies and obligations of the assigning party set forth in this CONTRACT.

b. This CONTRACT shall be binding upon and inure to the benefit of CIHA and Contractor and

their respective permitted successors and assigns.

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Copyrights and Rights in Data. The United States Department of Housing and Urban Development

reserves an irrevocable, non-exclusive, and royalty-free license to reproduce, publish, or otherwise use,

for Federal government purposes only and to the extent otherwise permitted by law, (i) the copyright in

any work developed under a grant or subgrant, or contract under a grant or subgrant, and (ii) any rights of

Examination and Retention of Contractor’s Records.

(i) CIHA, HUD, and the Comptroller General of the United States, and any of their duly authorized

representatives, shall, until three years after final payment is made under this CONTRACT, have access to

and the right to examine any of the Contractor’s directly pertinent books, documents, papers, or other

records involving transactions related to this CONTRACT, for the purpose of making audit, examination,

excerpts, and transcriptions.

(ii) Contractor agrees to include in all subcontracts under this CONTRACT at any tier a clause

substantially the same as the immediately preceding paragraph.

(iii) The periods of access and examination in the two immediately preceding paragraphs above for

records relating to (A) appeals under the disputes clause of this CONTRACT, (B) litigation or settlement

of claims arising from the performance of this CONTRACT, or (C) costs or expenses of this CONTRACT

to which CIHA, HUD, or the Comptroller General or any of their duly authorized representatives have

taken exception shall continue until the disposition of such appeals, litigation, claims, or exceptions, or

until the end of the three year period in subparagraph (i), whichever is later.

Environmental Laws and Regulations. CONTRACTOR shall comply with all applicable standards,

orders, regulations, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671(q)) the

Federal Water Pollution Act Control Act as amended (33 U.S.C. 1251-1387), Executive Order 11738, and

Environmental Protection Agency regulations (40 CFR Part 15). This clause applies only to contracts and

subgrants in excess of $150,000. Violations must be reported to the Federal awarding agency and the

Regional Office of the Environmental Protection Agency (EPA).

Energy Policy and Conservation Act. Contractor shall comply with all applicable mandatory standards

and policies relating to energy efficiency which are contained in the state energy conservation plan issued

in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

Restrictions on Lobbying. CONTRACTOR shall comply with Restrictions on Lobbying (Public Law

101-121, Section 319) as supplemented by applicable HUD regulations. This Law applies to the recipients

of contracts and subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds $150,000

or a Federal grant that exceeds $100,000. If applicable, CONTRACTOR must complete a certification

form on lobbying activities related to a specific Federal loan or grant that is a funding source for this

Contract. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to

pay any person or organization for influencing or attempting to influence an officer or employee of any

agency, a member of Congress, or an employee of a member of Congress in connection with obtaining

any Federal contract, grant, or any other award covered by 31 USC 1352. Each tier shall disclose any

lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Certifications and disclosures are forwarded from tier to tier up to the CIHA. Necessary certification and

disclosure forms shall be provided by CIHA.

m. Notices. Any notice, request, demand, statement, authorization, approval or consent required or permitted

under this Contract shall be in writing and shall be made by, and deemed duly given upon, (a) deposit in

the mail, postage prepaid, registered or certified, return receipt requested, (b) personal delivery, (c)

delivery to an overnight courier of recognized reputation, or (d) facsimile transmission (with confirmation

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Contract:

by mail), as follows, or to such other address and/or such additional parties as either party may specify by

written notice given in accordance with this section:

If to CONTRACTOR:

Attention:

If to CIHA:

Colville Indian Housing Authority

42 Convalescent Boulevard

P.O. Box 528

Nespelem, Washington 99155

Attention: Executive Director

All such notices and communications hereunder shall be deemed given upon personal delivery, seven business

days after deposit in the mail, two business days following deposit with any international courier service of

recognized reputation or one business day after transmission by telefax.

Certificate and Release. Prior to final payment under this Contract, or prior to settlement upon

termination of this Contract, and as a condition precedent thereto, CONTRACTOR shall execute and

deliver to CIHA a certificate and release, in a form acceptable to CIHA, of all claims against CIHA by

CONTRACTOR under and by virtue of this Contract, other than such claims, if any, as may be

specifically excepted by the Contractor in stated amounts set forth therein.

Entire Agreement. This CONTRACT constitutes the entire agreement between the parties with respect

to the subject matter covered by this CONTRACT and supersedes all previous discussions, negotiations,

oral or written, representations, statements, arrangements, agreements and understandings, if any, by and

between the parties with respect to the subject matter covered by this CONTRACT other than those

herein, and any such discussions, negotiations, oral or written, representations, statements, arrangements,

agreements and understandings are hereby canceled and terminated in all respects. This CONTRACT

may not be amended, changed or modified except by a writing duly executed by the parties hereto or their

duly authorized representatives. The parties have made no representations or warranties not expressly set

forth in this CONTRACT.

Severability. In the event any provision of this CONTRACT or the application thereof to any

circumstance shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, it

shall be construed to be limited or reduced so as to be enforceable to the maximum extent allowed by

applicable law as it shall then be in force, and if such construction shall not be feasible, then such

provision shall be deemed to be deleted herefrom in any action before that court, and all other provisions

of this CONTRACT shall remain in full force and effect.

No Third Party Beneficiaries. Neither this CONTRACT nor any provision hereof, nor any document or

instrument executed or delivered pursuant hereto, shall be deemed to create any right in favor of or

impose any obligation upon any person or entity other than the parties hereto and their respective

permitted successors and assigns, except for those provisions which recognize the rights of certain

agencies of the United States.

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Legal Advice and Construction of Contract. Each party represents that it has received independent

legal advice with respect to the preparation of, and the advisability of entering into, this Contract and

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Contract:

neither has been entitled to rely upon nor has in fact relied upon the legal or other advice of the other

party or such other party's counsel in entering into this Contract. Each party has participated in the

drafting and preparation of this Contract, and, accordingly, in any construction or interpretation of this

Contract, the same shall not be construed against either party by reason of the source of drafting.

Parties' Understanding. Each party represents that it has carefully read this Contract, that this Contract

has been fully explained to it by its attorney, that it fully understands the final and binding effect of this

Contract, that the only promises made to it to sign this Contract are those stated above, and that it is

signing this Contract voluntarily.

Force Majeure. No party hereto shall be deemed in default if its performance of obligations hereunder is

delayed or becomes impossible or impractical by reason of any act of God, war, fire, earthquake, strike,

civil commotion, epidemic or any other cause beyond such party's reasonable control.

Limitation of Damages. Except as expressly set forth herein, in any action or proceeding arising out of,

relating to or concerning this CONTRACT, including, without limitation, any claim of breach of contract,

CIHA’s liability shall be limited to compensatory damages proximately caused by such breach and CIHA

shall not, under any circumstances, be liable to Contractor for consequential, incidental, indirect or special

damages, including but not limited to lost profits or income, even if such party has been apprised of the

likelihood of such damages occurring.

Independent Contractor. The parties intend that each of them is and shall remain independent

contractors with respect to services and items being provided hereunder. This CONTRACT is not

intended to create a partnership or joint venture between the parties, and nothing in this CONTRACT

shall be construed as creating a relationship of employer and employee between the parties. No agent,

employee or representative of any party shall be construed or deemed an agent, employee or

representative of the other.

Ownership of Documents. All documents created or prepared under this CONTRACT are the property

of CIHA and are not to be used by the Contractor or any sub-subcontractor except in connection with the

work performed under this CONTRACT.

Copyrights and Rights in Data. The United States Department of Housing and Urban Development

reserves an irrevocable, non-exclusive, and royalty-free license to reproduce, publish, or otherwise use,

for Federal government purposes only and to the extent otherwise permitted by law, (a) the copyright in

any work developed under a grant or subgrant, or contract under a grant or subgrant, and (b) any rights of

Records. Contractor and all subcontractors shall maintain accurate records detailing the costs which

constitute the cost of the services provided, and shall make such records available to CIHA, upon

reasonable notice and at reasonable times, for audit, such audit to be at CIHA’s expense.

Safety. Contractor and all subcontractors shall take necessary precautions for the safety of its employees

and shall comply with all applicable provisions of federal and tribal safety laws to endeavor to prevent

accidents or injury to persons on, about, or adjacent to the locations where services are performed.

Contractor, however, shall not be responsible for the elimination or abatement of safety hazards created or

otherwise resulting from work carried on by the CIHA or its separate contractors, or their respective

employees, agents, contractors or tenants. CIHA agrees to cause its employees, agents, separate

contractors and tenants to abide by and fully adhere to all applicable provisions of federal and tribal safety

laws and regulations.

aa. Warranty of Work and Materials. Contractor warrants to CIHA for a period of one year after the date

of any specific services provided that the materials and equipment incorporated in the services provided

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will be new unless otherwise specified and that the work performed will be free from faults and defects

unless CIHA has previously given Contractor an acceptance of such condition. Contractor’s warranty

excludes remedy for damage or defect caused by abuse, modifications not done by Contractor, improper

or insufficient maintenance, improper operation, normal wear and tear under normal usage or the acts or

omissions of CIHA, its employees, agents, contractors and all those claiming by, through or under them.

Contractor shall, upon final completion of any specific project and upon receipt by Contractor of the final

payment, assign to CIHA all warranties for materials and equipment incorporated in the work, to the

extent such warranties are assignable.

bb. Employment Eligibility Verification. Federal law requires Contractor and all subcontractors to employ

only those individuals who may legally work in the United States – either U.S. citizens, or foreign citizens

who have the necessary authorization. Contractor, and all subcontractors who are providing goods or

services valued at $3000 or higher must register with the United States Department of Homeland Security

E-Verify system to confirm the eligibility of their employees to work in the United States.

cc. References to Federal and Tribal Laws; No Waiver of Sovereign Immunity. All federal and tribal

laws and regulations referenced in this Contract are deemed incorporated into this Contract in their

entirety. However, reference to and incorporation of such laws and regulations shall not be construed to

waive CIHA’s sovereign immunity with regard to such laws and regulations, nor shall such laws and

regulations be construed to apply to or govern the activities of CIHA, and no phrase, clause, or provision

of this Contract may be construed to be a waiver of the sovereign immunity of CIHA, which immunity is

hereby expressly asserted.

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dd.

Licenses and Permits. Contractor hereby represents and warrants that all of its employees, officers, and

agents possess the licenses and permits necessary under applicable law to perform the Work under this

CONTRACT.

ee.

Copeland Anti-Kickback Act . Contractor and all subcontractors shall comply with the Copeland

"Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part

3).

ff.

Contract Work Hours and Safety Act. Contractor and all subcontractors shall comply with Sections

103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 330) as

supplemented by Department of Labor regulations (29 CFR part 5).

gg.

Severability. In the event any provision of this Contract or the application thereof to any

circumstance shall be held by a court of competent jurisdiction to be invalid, illegal or

unenforceable, it shall be construed to be limited or reduced so as to be enforceable to the

maximum extent allowed by applicable law as it shall then be in force, and if such construction

shall not be feasible, then such provision shall be deemed to be deleted herefrom in any action

before that court, and all other provisions of this Contract shall remain in full force and effect.

hh.

Remedies. All rights and remedies of the parties are separate and cumulative, and no one of them,

whether exercised or not, shall be deemed to be to the exclusion of or to limit or prejudice any

other legal or equitable rights or remedies which the parties may have. The parties shall not be

deemed to waive any of their rights or remedies under this Contract unless such waiver is in

writing and signed by the party to be bound. No delay or omission on the part of either party in

exercising any right or remedy shall operate as a waiver of such right or remedy or any other right

or remedy. A waiver on any one occasion shall not be construed as a bar to or waiver of any right

or remedy on any future occasion.

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Contract:

ii.

Headings. The headings contained in this Contract are for convenience only and are not a part of

this Contract, and do not in any way interpret, limit or amplify the scope, extent or intent of this

Contract, or any of the provisions of this Contract.

jj.

Counterparts. This Contract may be executed in counterparts, each of which shall constitute an

original, but which together shall constitute one and the same agreement.

kk.

Expenses. Except as otherwise expressly provided for in this Contract, each of the parties shall

pay its own expenses in connection with the negotiation, preparation and execution of this

Contract or other related documents and the consummation of the transactions consummated

herein and therein.

IN WITNESS WHEREOF, the parties have executed this CONTRACT at Nespelem, Colville Indian

Reservation, on the date indicated.

Colville Indian Housing Authority

Dale R. Schrock, Jr. Executive Director CIHA

Date

Contractor

Owner/Partner

Date

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SYSTEM FOR AWARD MANAGEMENT REGISTRATION (SAM)

REQUIRED CONTRACT AND SOLICITATION LANGUAGE, FAR 4.1105

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity

identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to

establish additional System for Award Management records for identifying alternative EFT accounts

(see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and

the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data

required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into

SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and

Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to

provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial,

nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity

identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall

continue to be registered until time of award, during performance, and through final payment of any

contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this

solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer,

the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the

Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if

applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is

registered in the SAM.

at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should

be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

Required SAM Language

Page 1 of 2

(3) Company physical street address, city, state, and Zip Code.t

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not

registered in SAM should consider applying for registration immediately upon receipt of this solicitation.

See https://ww.sam.gov for information on registration.

Required SAM Language

Page 2 of 2

Maintenance Wage Rate

Determination

Agency Name:

U.S. Department of Housing and

Urban Development

Office of Labor Relations

LR 2000 Agency ID No:

Colville Indian Housing Authority

ID701A-ALL

Wage Decision Type:

Routine Maintenance

Nonroutine Maintenance

Effective Date:

Expiration Date:

October 1, 2024

September 30, 2026

The following wage rate determination is made pursuant to Section 12(a) of the U.S. Housing Act of 1937, as amended, (public housing

agencies), or pursuant to Section 104(b) of the Native American Housing Assistance and Self-determination Act of 1996, as amended, (Indian

housing agencies). The agency and its contractors may pay to maintenance laborers and mechanics no less than the wage rate(s) indicated for

the type of work they actually perform.

Melanie Hertel

HUD Labor Relations

(Name, Title, Signature)

WORK CLASSIFICATION(S)

9/10/24

Date

HOURLY WAGE RATES

BASIC WAGE

Carpenter

Plumber/Cement Mason - Finisher

Electrician

Refrigeration Mechanic

Sheetmetal

Drywaller

Glazier

Roofer

Backhoe Operator/Power Equipment Operator

Paving Machine Operator - Self Propelled

Soft Floor Layer

Painter

$22.79

$19.18

Truck Driver all yardage

Pipefitter

Laborer/Groundskeeper

Tree Trimer/Tree Climber

HVAC/Furnace Mechanic

$19.18

$22.79

$17.30

$19.18

$22.79

Pressure Washer

$17.30

FRINGE BENEFIT(S) (if any)

$22.79

The agency employee benefit

program has been determined

by HUD to be acceptable for

meeting the prevailing fringe

benefit requirements.

(HUD Labor Relations: If applicable,

check box and initial below.)

__________

LR Staff Initial

FOR HUD USE ONLY

LR2000:

Log out:

PREVIOUS EDITION IS OBSOLETE

Form HUD-52158 (04/2005)

INDIAN ENTERPRISE QUALIFICATION STATEMENT

NOTE: Submit completed questionnaire to the Colville Indian Housing Authority within the

time frame specified. Use additional sheets to complete answer if needed.

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 "any 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 51 percent of the

enterprise:

--or-An "Organization" as defined in Section 3(f) of the Indian Financing Act (P.L.

93-262); that is “the governing body of any Indian tribe, as defined in subsection

by such governing body for the purposes of [Chapter 17 of Title 25 of the United

States Code].”

2. Name of Enterprise or Organization: _____________________________

Address:

_____________________________________________

Telephone No.: __________________________________________

3. Check One:

___

Corporation

___

Joint Venture

___

Partnership

___

Other:

___

Sole Proprietorship

4. Answer the following:

Page 1 of 9

If a Corporation:

a. Date of incorporation:________________________________

b. Tribe or State of incorporation: _____________________________

c. Give the names and addresses of the officers of this Corporation and establish whether

they are Indian (I) or Non-Indian (NI).

Name and

Social Security No.

I or

Title

____________________ ____ President

Address

% of Stock

Ownership

_________________________

_____

____________________ ____ Vice-President

_____

____________________ ____

_________________________

_____

_________________________

_____

Secretary

or Clerk

____________________ ____ Treasurer

____________________ _____ ________ __________________________ _____

____________________ ____ _________ __________________________

_____

____________________ _____ ________ __________________________ _____

____________________ ____ _________ __________________________

_____

____________________ ____ _________ __________________________

_____

d. Complete the following information on all stockholders who are not listed in c. above,

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

Name and

Social Security No.

I or

_____________________

____

__________________________________

_________

_____________________

____

__________________________________

_________

_____________________

____

__________________________________

_________

Address

If a Sole Proprietorship or Partnership:

Page 2 of 9

% of Stock

Ownership

a. Date of Organization: _____________________

b. Give the following information on the individual or partners and establish whether

they are Indian (I) or Non-Indian (NI).

Name and

Social Security No.

I or

Address

% of Stock

Ownership

_____________________

____

__________________________________

_________

_____________________

____

__________________________________

_________

_____________________

____

__________________________________

_________

_____________________

____

__________________________________

_________

_____________________

____

__________________________________

_________

If a Joint Venture:

a. Date of Joint Venture Agreement: _________________

b. Attach the information for each member of the joint venture prepared in the

appropriate format given above.

5. Give the name, address, and telephone number of the principal spokesperson of your

organization: ___________________________________________________________

___________________________________________________________________________

6. Has any officer or partner of your organization listed in #4 been an officer or partner of

another organization that failed in the last ten years to complete a contract? ______

If yes, state circumstances:

____________________________________________________________

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____________________________________________________________

7. Has this enterprise failed in the last ten years to complete any work awarded to it or to

complete the work on time? ___

If so, note when, where and why:

___________________________________________________________

8. Will any officer or partner listed in #4 be engaged in out-side employment?

____ Yes

____ No

If Yes, complete:

Hours Per Week

Name/Title

Outside the Enterprise

___________________________

________

___________________________

________

___________________________

________

___________________________

________

___________________________

________

9. If the enterprise or anyone listed in #4 above, currently subject to an administrative sanction

issued by any department or agency of the Federal Government?

____ Yes

____ No

If Yes, complete:

Date of Type of

Page 4 of 9

Department

Name of person/business

Action

or Agency

____________________________ ______ ______ ___________

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

another concern?

____ Yes

____ No

If Yes, complete:

Name and address of subsidiary,

affiliate or other concern

Description

of Relationship

_________________________________________

_______________

_________________________________________

_______________

_________________________________________

_______________

_________________________________________

_______________

11. Does this enterprise or any person listed in #4 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 and other types of

compensated assistance.

____ Yes

____ No

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

intended agreement.

12. Has this enterprise ever been subject to a judgment of any court or administrative sanction

(Federal, State, or Tribal)?

____ Yes

____ No

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Has any individual listed in #4 ever been subject to judgment of any court or administrative

sanction (Federal, State, or Tribal)?

____ Yes

____ No

If the answer is Yes to either question, furnish details in a separate attachment.

13. Has any tax lien or other collection procedure been instituted against this enterprise or the

individuals listed in #4 as a sole proprietor or partner in their capacities with this enterprise or

other enterprise?

____ Yes

____ No

If yes, furnish details in a separate exhibit.

14. Has this enterprise or any person listed in #4 ever been involved in a bankruptcy or

insolvency proceeding?

____ Yes

____ No

If yes, provide details in an attachment.

15. What dollar amount of Working Capital is available to your enterprise prior to the start of

construction?

$_______________

Explain the source of these funds: ________________________

___________________________________________________________

Include a copy of the Company's most recent audited financial statement.

16. How will project development bookkeeping and payroll be maintained: (check one)

By contract with an outside professional accounting

firm: _____

Name: ___________________ Address: _____________

_________________________ Telephone: ___________

Records are to be kept by enterprise personnel: _____

If "b" has been checked--state the qualifications of

Page 6 of 9

your personnel to perform this function:

______________________________________________________

Other: _________________________________________________

______________________________________________________

17. Trade References (include addresses and phone numbers):

___________________________________________________________

18. Bank and credit references (including addresses and phone numbers):

___________________________________________________________

19. 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 either a current bonafide

employee or who is not a current employee but who is regularly employed in a supervisory or

other key skilled position when work is available.

______________________________________________________

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______________________________________________________

b. Over the past three years, what has been the average number of employees:

_______________

20. Attach certification by a tribe or other evidence of enrollment in a federally recognized tribe

for each officer, partner or individual designated as an Indian in #4.

21. Attach a certified copy of the charter, article of incorporation, by-laws, partnership

agreement, joint venture agreement and/or other pertinent organizational documentation.

22. Explain in narrative form the stock ownership, structure, management, control, financing,

and salary or profit sharing arrangements of the enterprise, if not covered in answers to specific

questions heretofore. Attach copies of all shareholder agreements, including voting trust,

employment contracts, agreements between owners and enterprise. Include information on

salaries, fees, profit sharing, material purchases, and equipment lease or purchase arrangements.

Evidence relating to structure, management, control, and financing should be specifically

included. Also, list the specific management responsibilities of each principal, sole proprietor,

partner, or party to a joint venture (as appropriate) listed in response to #4.

23. Attach evidence that the enterprise (or an individual in it) is appropriately licensed for the

type of work that is to be performed. Include Federal ID Number.

24. Attach a brief resume of the education, technical training, business, employment, design

and/or construction experience for each officer, partner or sole proprietor listed in #4. Include

references.

NOTES:

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

complete consideration.

II. The persons signing below certify that all information in this INDIAN ENTERPRISE

QUALIFICATION STATEMENT, including exhibits and attachments, is true and correct.

III. Print and type name below all signatures.

Page 8 of 9

If applicant is Sole Proprietor, Sign Below:

________________________________________

Name

_________________

Date

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

________________________________________

Name

_________________

Date

________________________________________

Name

________________

Date

If applicant is a corporation, affix corporate seal

________________________________________

Corporate Seal

By: _____________________________________

President's Signature

________________

Date

Attested by: ______________________________

Corporate Secretary's Signature

________________

Date

WARNING: U.S. Criminal Code, Section 1010, Title 18, U.S.C. provides in part:

"Whoever...makes, passes, utters, or publishes any statement, knowing the same to be

false...shall be fined not more than $5,000 or imprisoned not more than two years, or both."

Page 9 of 9

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.