# REQUEST FOR QUOTATIONS > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Ae159e1e58bfd80a5 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text REQUEST FOR QUOTATIONS FY26-46 HAF Preventative Displacement Repairs 1 Peone Lane Inchelium, WA 99138 Description: One (1) Single Family Home: 1 Peone Lane Inchelium, WA Furnish Labor and Materials to: 1. Demo existing materials scheduled to be replaced with new per Scope of Work. 2. Install new electrical panel, breakers, switches, outlets, covers, light fixtures. 3. Install new HVAC furnace, thermostat, duct cleaning 4. Clean up and Disposal. 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 and become part of the Contract Documents 1. Form of Quote (fill out and submit with quote) 2. Non-Collusion Affidavit (fill out and submit with quote) 3. Statement Regarding Indian Preference (fill out and submit with quote) 4. HUD 5369-A Form (fill out and submit with quote) 5. Solid Waste Disposal Form (fill out and submit with quote) 6. Contract (sample) 7. SAM Registry Clause: must have Unique Entity Identifier (formerly DUNS number) 8. Davis Bacon Wage Determination (Ferry County) 9. Indian Enterprise Qualifications Statement (fill out and submit with quote) 10. TERO Compliance and Utilization Plan (fill out and submit with quote) CIHA will receive quotations no later than 3:00 PM (local time), August 19, 2026. Any quotations received after the above time will not be considered and will be returned to the proposer. A pre-proposal meeting will be held on-site at 10:00 AM (local time) on August 12, 2026 1 Peone Lane Inchelium, WA 99138 Site location by Google Maps: https://maps.app.goo.gl/ZZ7Yoehp4pht2AVY8 ALL ITEMS IN THE SCOPE OF WORK FOR THIS PROJECT SHALL BE COMPLETED BY SEPTEMBER 21, 2026 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 within 10% 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 Subcontractors must provide proof of liability insurance and auto insurance. They must provide Washington State Industrial Insurance or equivalent if the Contractor or Subcontractor 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 Darren Stanger at (509) 634-2289 or e-mail: darren.stanger.hsg@colvilletribes.com Scope of Work and Provisions to The Contract FY26-46 HAF Preventative Displacement Repairs 1 Peone Lane Inchelium, WA 99140 One Single Family Home Located at: 1 Peone Lane Inchelium, WA Furnish Labor and Materials to: 1. Demo existing materials scheduled to be replaced with new per Scope of Work. 2. Install new electrical panel breakers, switches, outlets, covers, light fixtures. 3. Install new HVAC furnace, thermostat, duct cleaning 4. Clean up and Disposal. 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 costs 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. Products: All products used for this project shall be new, provided in original packaging from the manufacturer, without defect and covered by the manufacturer’s full warranty. All materials needed to complete the work spelled out in this scope will be furnished by the Contractor. The Contractor is responsible for providing material takeoff’s and schedule all deliveries of materials ordered. Storage and security for the materials delivered become the responsibility of the Contractor. All materials shall be stored out of the weather and harm’s way. D. 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 and at no additional cost to CIHA. E. Prior to commencement of contract work, the Contractor is required to submit to the CIHA a copy of their approved Compliance and Utilization Disposal Plan. The plan is required by CCT Tribal Ordinance Chapter 4.13 Solid Waste. During and after completion of work, remove all debris from the jobsite and dispose of as required at no added expense to CIHA. Clean the jobsite daily. Remove construction debris daily 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. Davis Bacon wages will be observed on this contract work; weekly payroll reports will be necessary. The contractors' payments can be delayed until proper payroll reports are received. G. The Contractor shall 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 work as described. The Contractor shall provide all labor, materials, and equipment necessary for protection of personnel, equipment, furnishings, buildings, and facility accessories (such as, but not limited to, 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. $1,000,000.00 Injury, General Aggregate, Products, $100,000.00 Fire and $5,000.00 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 read the specifications and all addenda. Each Bidder shall fully inform themselves prior to submitting a bid as to all existing conditions and limitations under which work is to be performed. No allowance will be made to any Bidder because lack of such examination or knowledge. Submission of a quote will be construed as conclusive evidence that the Bidder has made such examination. J. All electrical work shall be performed by a licensed electrician, and a Washington State L&I Electrical Permit shall be issued. K. All required permitting for this project will be required to be inspected and approved by the governing entity before the project is considered complete. L. All plumbing shall meet all current and applicable IRC codes. M. Contractor shall pressure test all plumbing for leaks with CCT Building Inspector present. The Contractor will furnish all manpower, tools, scaffolding, vehicles, safety equipment and materials as required by TOSHA, or other equipment necessary to complete the Scope of Work in a professional and workman like manner. FY26-26: START OF SCHEDULE OF REQUIREMENTS The schedule of completion shall not exceed 14 consecutive calendar days. FY26-46: END OF SCHEDULE REQUIREMENTS FY26-46: START OF SCOPE OF WORK Furnish Labor and Materials to: 1. Demo: a. This portion is to remove all remaining materials that are scheduled to be replaced with new materials as outlined in the Scope of Work. b. Any materials still on-site when the project starts will be the awarded contractor’s responsibility for disposal. 2. Install new electrical panel, breakers, switches, outlets, covers, light fixtures. a. Electrical Panel: Remove existing main electrical service panel and install new “Square D” Homeline, 200 Amp, electrical panel with cover (or approved equivalent) sized appropriately for the home’s electrical load. b. Electrical Breakers: Install new AFCI/GFCI combo breakers to comply project with current NEC codes, “Square D” breakers (or approved equivalent) of the correct size and type for each circuit, and shall carefully handle all existing branch-circuit wiring during panel removal and reconnection to prevent damage. c. Switches, Outlets and Covers: Remove and dispose of all existing switches, outlets and covers. Install new brown color switches, outlets and covers. d. Furnish and install new 1-gang duplex, weatherproof outlet cover and new “Leviton” 20 Amp, weather resistant GFCI Outlet. e. The Contractor shall obtain all required electrical permits, coordinate all inspections with the authority having jurisdiction, and ensure that all work passes final inspection. f. All work shall be completed in accordance with current and applicable NEC requirements, including proper grounding, bonding, and installation of devices suitable for kitchen / exterior locations. g. Light Fixtures: Remove and dispose of all existing interior/exterior light fixtures. Install new light fixtures to all current NEC codes. Install new fixtures in locations where light fixtures were previously removed. h. Light Fixture Schedule: 1. Kitchen: Two (2) “Hampton Bay” Model # HB1023C5CCT-35, 12 in., Flaxmere Modern Brushed Nickel 5 CCT Integrated LED Flush Mount (or approved equal) 2. Bathroom: One (1) “Bell Air lighting” Model # LED-22464BN5CCT, Miles 24 in. Integrated LED Brushed Nickel Bathroom Vanity Light Fixture with Rectangular Acrylic Shade and 5CCT (or approved equal) 3. Bathroom: One (1) “ETI Lighting” Model # 54436241, 12 in. Round LED Flush Mount Ceiling Light 1000 Lumens Bathroom Lighting (or approved equal) 4. Hallway: One (1) “Hampton Bay” Model # HB1023C5CCT-35, 12 in., Flaxmere Modern Brushed Nickel 5 CCT Integrated LED Flush Mount (or approved equal) 5. Dining room: One (1) “Hampton Bay” Model # HB1023C5CCT-35, 12 in., Flaxmere Modern Brushed Nickel 5 CCT Integrated LED Flush Mount (or approved equal) 6. Exterior: Two (2) “Hampton Bay” Model # W2220-11 Kempster 9 in. Modern 1Light Matte Black Outdoor Wall Light Sconce (or approved equal). Include new LED light bulbs as necessary in all light fixtures. Follow manufactures recommendation on proper wattage and bulb type for each fixture. All circuits altered to complete electrical work must be AFCI/GFCI protected. All electrical work must be performed by a Washington State-licensed electrician. 3. HVAC – Furnace Removal & Disposal HVAC Sizing Requirement: Contractor shall verify proper BTU capacity and confirm the correct tonnage required for the home The selected equipment shall meet or exceed the calculated heating load for the structure. Documentation of the load calculation shall be submitted to CIHA for approval prior to ordering equipment. a. Remove the existing HVAC unit and all associated components not intended for reuse. Reuse the existing duct system where feasible and code compliant. b. Install a new Winchester 2-3.5 Ton Mobile Home Electric Furnace with ECM Blower Motor Unit, or (approved equivalent). Install new furnace/air handler in the same location as the existing unit. c. Install a Honeywell Home 7‑Day Programmable Thermostat with Touchscreen Display, installed per manufacturer specifications. d. Install new supply and return ducting as required, including all necessary drive cleats, “S” cleats, and fasteners to properly connect the new unit to the existing duct system. e. Inspect supply plenum/base box, ensuring all joints are sealed and mechanically fastened per code. Install all electrical components required for proper operation, including wiring, disconnects, and controls. f. All wiring shall be installed in accordance with current NEC requirements and properly protected during installation. g. Clean and sanitize all registers, supply line, furnace closet prior to system startup. Furnish and install new HVAC air filters appropriate for the system and ensure they are properly seated at startup. Install new registers as needed if damaged or missing. h. Test the system for proper operation. All work shall comply with current applicable building codes. 4. Clean up and Dispose of materials: a. Clean areas of the home affected by repairs and construction to be move-in-ready. b. Contractor shall perform daily cleaning of all construction dust, debris, and discarded materials to maintain a safe and orderly worksite. Remove construction dust and debris daily and prevent the accumulation of materials throughout the duration of the project. c. Dispose of all debris generated by repairs and construction per the approved CCT Solid Waste Disposal Plan. FY26-46: END OF SCOPE OF WORK Submittal Requirements: Submittals for products as specified above can be in the form of a product sample or a signed quote for materials, or an invoice (if all manufacturer's numbers are included). ● If proposing to furnish “equal products,” the Contractor must submit manufacturers' specifications, all technical data, and installation instructions on all materials submitted for use with the proposal. ● The Contracting Officer or Authorized Designee will determine the use of “equal products” based on the information supplied by the Contractor. If there is not sufficient information to make a comparison, the substitution will not be allowed. ● 1 Peone Lane Inchelium, WA 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Form of Quote Non-Collusion Affidavit Statement Regarding Indian Preference HUD Form 5369-A Solid Waste Disposal Form Contract Template SAM Clause Davis Bacon Wage Determination Indian Enterprise Qualification Statement TERO Compliance and Utilization Plan COLVILLE INDIAN HOUSING AUTHORITY FORM OF QUOTE PAGE - 1 QUOTE FOR: FY26-46 HAF Preventative Displacement Repairs 1 Peone Lane Inchelium, WA 99138 TO: COLVILLE INDIAN HOUSING AUTHORITY P. O. BOX 528 / 42 CONVALESCENT CENTER BOULEVARD NESPELEM, WASHINGTON 99155 Gentlemen: I, ________________________________________ 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 required to complete work related to the project scope of work, all in accordance therewith, for the sum of: BASIC QUOTE ______________________________________________DOLLARS ($___________________) Quote for services must include all potential TERO fees. 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. : Amendment No. : Date: Date: COLVILLE INDIAN HOUSING AUTHORITY FORM OF QUOTE PAGE - 2 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. V. 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. 1. 2. 3. 4. Non collusive affidavit Statement on Indian Preference Certifications and Representations of Offerors Indian Enterprise Qualifications Statement (MUST be included or on file with CIHA for Indian Preference points) NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. DATE __________________________ __________________________ FIRM NAME OFFICIAL ADDRESS: __________________________ BY _______________________________ __________________________ TITLE _______________________________ _______________________________ TELEPHONE END OF FORM OF QUOTE Non-Collusion Affidavit CIHA Form 05/2018 Non-Collusion Affidavit I, ____________________________, being first duly sworn under oath, do hereby attest and affirm as follows: 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 Non-Collusion Affidavit CIHA Form 05/2018 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: 1. 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. 2. 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. 3. 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. 4. 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 ____ day of ________________, 20____. ________________________________ Signature On behalf of: ________________________________ Printed Name ______________________________ Name of Offeror ________________________________ Title 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 1. Certificate of Independent Price Determination 1 2. 3. Contingent Fee Representation and Agreement Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 1 1 4. Organizational Conflicts of Interest Certification 2 5. Bidder's Certification of Eligibility 2 6. 7. Minimum Bid Acceptance Period Small, Minority, Women-Owned Business Concern Representation Indian-Owned Economic Enterprise and Indian Organization Representation 2 2 Certification of Eligibility Under the Davis-Bacon Act 3 8. 9. 10. Certification of Nonsegregated Facilities 2 3 11. Clean Air and Water Certification 3 12. Previous Participation Certificate 3 13. Bidder's Signature 3 1. (c) If the bidder deletes or modifies subparagraph (a)2 above, the 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. 2. 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. (c) If the answer to either (a)(1) or (a)(2) above is affirmative, the 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. 3. 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. (c) Submission of this certification and disclosure is a prerequisite 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. 4. 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. 5. 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 6. 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. (c) The PHA/IHA requires a minimum acceptance period of [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. 7. 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. (c) [ ] is, [ ] is not a minority business enterprise. "Minority 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 8. 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. 9. 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). (c) The penalty for making false statements is prescribed in the U. 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. (c) By the submission of this bid, the bidder certifies that it does not 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, (c) The bidder will include a certification substantially the same as 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: a. b. c. d. e. 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) 4 SAMPLE CONTRACT BETWEEN COLVILLE INDIAN HOUSING AUTHORITY AND CONTRACTOR FOR HOMEOWNER ASSISTANCE FUND PREVENTIVE DISPLACEMENT REPAIRS (Federal Funds) THIS CONTRACT is entered into on the land of the Confederated Tribes of the Colville Indian Reservation (“Tribe”) on this _____ day of_____________, 2025, by and between the Colville Indian Housing Authority (CIHA), and [Contractor name] (“Contractor”), hereinafter collectively called the “Parties.” The CIHA and Contractor agree as set forth below: Article 1. Scope of Work and Project Performance. 1.1. The Scope of Work for this Contract is to provide construction work as described more particularly in Exhibit A to this Contract (the “Project”). 1.2. Contractor shall execute the entire Work described in the “Contract Documents,” which are comprised solely of this Contract and all attachments and exhibits hereto and fully incorporated herein by reference, except to the extent specifically indicated in the Contract Documents to be the responsibility of others (provided that if any terms of this Contract conflict with the attachments to this Contract, the terms of this Contract shall govern). The term “Work” means the construction and services required by the Contract Documents, and includes all labor, materials, equipment, and services provided to or to be provided by the Contractor to fulfill Contractor's obligations under this Contract. This Contract and all attachments and exhibits hereto are referred to as the “Contract Documents.” The Contract Documents include the following exhibits and attachments: 1.2.1. Exhibit A Scope of Work and Provisions to the Contract 1.2.2. Exhibit A Scope of Work 1.2.3. Exhibit A Form of Quote 1.2.4. Exhibit A Non-Collusion Affidavit 1.2.5. Exhibit A Statement Regarding Indian Preference 1.2.6. Exhibit A HUD Form 5369-A 1.2.7. Exhibit A Solid Waste Disposal Form 1.2.8. Exhibit A SAM Required Contract & Solicitation Language 1.2.9. Exhibit A Davis Bacon Wage General Decision 1.2.10. Exhibit A Indian Enterprise Qualification Statement 1.2.11. Exhibit A TERO Compliance & Utilization Plan 1.3. A Contracting Officer shall be appointed by the CIHA to monitor the performance of the Contract and to communicate with the Contractor on behalf of the CIHA regarding all aspects of the Contract and any Work arising thereunder. 1.4. CIHA hereby gives and grants to the Contractor the right to enter into and upon the lands located in those areas identified in Exhibit A and to perform work on such lands during the term of this Contract for the purposes of fulfilling the obligations set forth herein. CIHA reserves the sovereign right to restrict Contractor's access to certain roads or rights-of-way when, in the CIHA's sole discretion, continued use of such roads or rights-of-way would cause them unreasonable damage or for other good cause. Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 1 of 25 1.5. Contractor shall procure and pay for all licenses, permits, approvals, certificates, and authorizations necessary to the prosecution and completion of the Work and deliver evidence of same to CIHA unless otherwise noted. Contractor shall promptly notify the Contracting Officer and the respective departments or official bodies when its Work is ready for inspection and shall, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to CIHA. 1.6. Progressive cleanup and disposal off the Work site of Contractor's waste materials is to be performed by Contractor. If the Contractor fails to perform cleanup of its Work within twenty-four (24) hours of notification by the Contracting Officer, CIHA shall proceed to have the cleanup performed for Contractor and the cost for doing so will be assessed against the Contractor and deducted from the amount to be paid to the Contractor for the Work. 1.7. The Contractor shall be responsible for coordinating his/her/their work with that of other trades, if applicable. In the event that the completed work of any trade has to be removed, replaced, or modified due to the Contractor's negligence in completing his work within a reasonably scheduled period, or due to lack of coordination on the part of the Contractor, the cost of removing, replacing, and modifying such work will be assessed against the Contractor and deducted from the amount to be paid to the Contractor for the Work. 1.8. Contractor shall at all times during the progress of the Work have an authorized representative of its company at the Work site who can receive orders and has full authority to make decisions regarding the Work to be performed hereunder and who has complete responsibility for the Work insofar as this Contract is concerned. The Contractor shall provide the name and emergency or home telephone number of the corporate or company officer, general superintendent, and the project superintendent or foreman. 1.9. Contractor shall perform the Work under the general direction and oversight of CIHA, and shall comply with any instructions given by the Contracting Officer. Contractor shall perform the Work in a good and workmanlike manner, consistent with the highest standard of the industry, and in strict accordance with the Contract Documents and all applicable building codes and regulations. All construction and/or remodeling shall conform to the acceptable standards of safety and habitability, such standards to be equal to or more stringent than those established under the State Building Code as codified in Title 19, Chapter 27, Section 31 of the Washington Administrative Code as may be amended from time to time, or the International Building Codes, whichever is more stringent. Such requirements shall be included in all subcontracts, at every tier. CIHA reserves the right to waive any provision of the applicable building codes as stated in the General Conditions of the Contract for Construction. 1.10. Reports shall be submitted daily to the Contracting Officer, no later than 9:00 a.m. the following day indicating the number of personnel working on the Work site the previous day along with a description of activities and equipment used in the conduct of the Work. Contracting Officer may waive this requirement at his or her sole discretion. 1.11. Contractor shall prosecute the Work in a prompt and diligent manner with adequate manpower whenever such Work, or any part of it, becomes available or at such other times as CIHA may direct, and so as to promote the general and uninterrupted progress of the Project. Contractor shall cooperate with related work and shall not interfere in any manner with the work of CIHA or other contractors or subcontractors. If Contractor fails to initiate or complete any portion of the Work by the time specified in the Contract Documents, or if it becomes apparent to CIHA that the Work will not be completed in a timely fashion, and if such failure is due in whole or in part to any fault of Contractor, then CIHA may, in addition and without any prejudice to any other remedies it may have pursuant to other portions of this Contract or applicable law, require Contractor to take all steps necessary to perform the Work in a timely manner and consistent with the required quality of the Work, including but not limited to increasing or supplementing the working force and equipment and to performing the Work on an overtime or multiple shift basis. Any premium for such overtime or additional shifts, the cost of employing additional workers and equipment, together with any additional costs thereby incurred, shall be at Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 2 of 25 Contractor's sole expense. Contractor shall furnish all submittals required by the Contract Documents or requested by CIHA in a prompt and timely fashion so as to expedite the progress of the Work. All traffic control of Contractor's own operations including that of his suppliers is included in the Contract Price. This includes flagmen, barricades, permits, etc., as may be required by any legal agency having jurisdiction over the Work. 1.12. If any portion of the Work depends upon prior performance of any other activities of CIHA, other contractors or subcontractors, or any other person or entity involved in the construction of the Project, then commencement by Contractor of that portion of the Work shall be deemed an acceptance by Contractor of the adequacy and completeness of such other activities. 1.13. Contractor shall fully protect all portions of the Work, including all materials and equipment to be furnished in connection with the Work, until the Work is fully completed and accepted by CIHA. Until that final acceptance, all risk of loss with respect to the Work shall remain with the Contractor. Contractor will make good or replace, at no expense to CIHA, any damage to the Work which occurs prior to that final acceptance. Contractor shall take necessary precautions to protect the activities of CIHA, other contractors and subcontractors, and other persons and entities involved in the construction of the Project, from damages caused by performance of the Work or other operations of Contractor. 1.14. No materials, equipment, or other articles of personal property purchased by Contractor or any subcontractor for incorporation into the Work shall be purchased or installed under any Contract where the seller reserves or purports to reserve title or the right of removal or repossession, or the right to consider those items personal property after their incorporation into the Work, unless specifically authorized in advance by CIHA in writing. 1.15. Notice to Proceed. The Contracting Officer shall issue a Notice to Proceed within fifteen (15) days of the date this Contract is executed, and Contractor shall commence the Work within seven (7) days of receiving the Notice to Proceed unless otherwise specified in writing by the Contracting Officer. A copy of the signed Notice to Proceed shall be sent to the U.S. Department of Labor (DOL) when issued in connection with any federally-funded construction contract in excess of $10,000.00. 1.16. Inspection. The Contracting Officer or any delegate of his shall have the right to enter the Work site at any reasonable time to inspect the Work. If the Contracting Officer determines that any portion of the Work does not conform to the Contract Documents, or otherwise departs from the requirements of this Contract, the Contracting Officer may require Contractor—at Contractor's sole expense—to immediately correct the Work. In such event, Contractor will correct the Work to the Contracting Officer's satisfaction. However, nothing in this clause or this Contract shall require Contracting Officer to conduct such inspections or to point out any necessary corrections, and no default of Contractor shall be waived by any inspection by the Contracting Officer or by Contracting Officer's failure to point out any non-conforming work. In no event will any inspection be deemed to be a representation by CIHA that there has been or will be compliance with the Contract Documents or that the Work is free of defective materials or workmanship. 1.17. Changes. 1.17.1. CIHA may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this Contract in the services to be performed or supplies to be delivered. 1.17.2. If any such change causes an increase or decrease in the hourly rate, the not-toexceed amount of the Contract, or the time required for performance of any part of the work under this Contract, whether or not changed by the order, or otherwise affects the conditions of this contract, CIHA shall make an equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other affected terms, and shall modify the Contract accordingly. Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 3 of 25 1.17.3. Contractor must assert its right to an equitable adjustment under this clause within ten (10) days from the date of receipt of the written order. However, if CIHA decides that the facts justify it, CIHA may receive and act upon a proposal submitted before final payment of the Contract. 1.17.4. Failure to agree to any adjustment shall be a dispute under the disputes clause, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed. No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written consent of CIHA. Article 2. Time of Completion. 2.1. The Work to be performed under this Contract shall begin on or before _____________ and shall be substantially completed on or before ___________________________. Time is of the essence. “Substantial Completion” means that the CIHA has, in its sole discretion, found the Work to be accessible, operable, and useable by the CIHA, subject only to minor corrective work. 2.2. CIHA's Contracting Officer shall meet periodically with the Contractor to discuss the Contractor's progress in fulfilling Contractor's obligations under this Contract and to determine whether the Contractor is on schedule for completion of the Work. 2.3. If Contractor knows or has reason to believe that the Work will be delayed or other serious problems may interfere with the Substantial Completion of the Work under the terms of this Contract, the Contractor must notify the CIHA and contact the CIHA's legal counsel to prepare a notice to the bonding company thereof. Article 3. Fixed Maximum Price. 3.1. The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed [written dollar amount] ($________________.00), subject to additions and deductions pursuant to any authorized written change orders as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Fixed Maximum Price. Costs that would cause the Fixed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the CIHA, unless Contractor receives CIHA’s prior, written approval for such costs. 3.2. The term “Cost of the Work” shall mean costs necessarily incurred by the Contractor in the proper performance of the Work, including payments made by Contractor to subcontractors in accordance with the requirements of the subcontracts. Article 4. Progress Payments. 4.1. The Contractor shall submit to CIHA an Application for Payments for every calendar month ending on the last day of each month. Each Application for Payment shall be based upon the Schedule of Values attached to this Contract as Exhibit B. The Schedule of Values shall be prepared in such form and be supported by such data to substantiate its accuracy as CIHA may require. 4.2. Each monthly application for payment shall indicate the percent completed of the items stated on the Schedule of Values. Payment shall be made only after the CIHA's Contracting Officer certifies the Application for Payment. Partial payment under this section shall not waive any rights that the CIHA may have against Contractor with respect to any defect or failure of the Contractor to complete any aspect of the work according to the Contract Documents or in a workman-like fashion. Payment shall be made within twenty (20) days of the certification by the CIHA's Contracting Officer. 4.3. The amount of each progress payment shall be computed as follows: 4.3.1. Take that portion of the Fixed Maximum Price properly allocable to completed work as determined by multiplying the share of the Fixed Maximum Price allocated to that portion of the work as set out in Exhibit B. Payment made for each item from Exhibit B shall be inclusive of all licenses, permits, approvals, certificates, materials, labor costs, and authorizations necessary to the prosecution. If Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 4 of 25 requested by the CIHA, Contractor shall provide an itemized list of all expenditures attributed to the item or items from Exhibit B for which payment is requested. 4.3.2. Deduct from the amount computed as owing under this section the retainage of ten percent (10%). Said retainage will be paid over to Contractor upon completion of the Work under this Contract and acceptance of the Work by the CIHA and compliance with the requirements of Article 5. 4.3.3. Notwithstanding any other provision of this Contract the aggregate of all payments made to Contractor shall not exceed the amount set out in Article 3 above. Should work remain to be done after the payment of all funds under Article 3, Contractor without further payment shall complete all remaining work. Cost over runs shall be the responsibility of the Contractor. 4.4. Contractor shall furnish CIHA releases or waivers of liens including materialman's liens and wage liens for all work performed or materials provided along with the Applications for Payment. No partial or full payment shall be made unless the CIHA is satisfied that all wages and material costs have been paid by the Contractor. 4.5. Payments, including the Final Payment, may be withheld by CIHA for reasons including, but not limited to: (i) defective Work not remedied, (ii) claims filed by third parties, (iii) failure of the Contractor to make payments properly to subcontractors or for labor, materials or equipment, (iv) reasonable evidence that the Work cannot be completed for the unpaid balance of the Fixed Maximum Price, (v) damage to the CIHA or another contractor, (vi) reasonable evidence that the Work cannot be completed within the Contract Time and that the unpaid balance of the Fixed Maximum Price would not be adequate to cover actual or liquidated damages for the anticipated delay, (vii) persistent failure to carry out the Work in accordance with the Contract Documents, and/or (viii) failure to comply with applicable regulations, laws, and standards, including but not limited to workplace safety, wage and hour provisions, health and safety requirements, and/or environmental laws. 4.6. No payment made to Contractor pursuant to the terms of this Contract, including the Final Payment, shall be construed as acceptance of any work or materials not in accordance with the Contract Documents. 4.7. Contractor shall not be entitled to any interest on any amount found to be due and owing under this Contract, but shall, at most, only be entitled to the amount specified in Article 3. Article 5. Final Payment. 5.1. Contractor shall submit an application for Final Payment, constituting the entire unpaid balance of the Contract, along with the certificate demonstrating that the Work is complete and this Contract fully performed. The Final Payment shall be made by CIHA to Contractor within thirty (30) days after CIHA's Authorized Representative has approved the application for Final Payment. 5.2. CIHA is not required to make Final Payment to Contractor until all of the following conditions are satisfied: (i) the Work has been fully performed in conformance with the Contract Documents and the Work has been accepted by CIHA as complete; (ii) Contractor submits evidence satisfactory to CIHA that all payrolls, bills for materials and equipment, and other indebtedness connected to the Work have been paid in full; (iii) Contractor has submitted releases of any and all liens or claims against CIHA arising from this Contract to CIHA, in a form satisfactory to CIHA; (iv) any surety has consented to the Final Payment; (v) Contractor is not in default of any provision of this Contract; (vi) none of the grounds for withholding payment set out in Section 4.5 above are present. Provided, however, that Final Payment by CIHA does not indicate CIHA's representation that these conditions have been satisfied, nor does Final Payment by CIHA waive CIHA's right to assert, at some future point, that one or more of these conditions has not been met if CIHA discovers such non-compliance after making Final Payment. Article 6. EQUIPMENT. Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 5 of 25 6.1. Unless otherwise agreed upon by the Parties, Contractor and all subcontractors shall provide all supervision, labor, materials, tools, equipment, and other items necessary for carrying out the Work under this Contract. Contractor and all subcontractors shall ensure that all such equipment remains in good repair and working order. Article 7. INDEMNITY. 7.1. Contractor shall indemnify CIHA against and hold CIHA harmless from any and all claims, actions, damages, costs, expenses (including reasonable attorneys' fees), obligations, liabilities and liens (including any of the foregoing arising or imposed under the doctrines of “strict liability” or “product liability” and including, without limitation, the cost of any fines, remedial action, damage to the environment and cleanup and the fees and costs of consultants and experts), arising out of the services provided by Contractor pursuant to this Contract, or for any other activities of Contractor or Contractors' officers, agents, or employees, excluding, however, any of the foregoing resulting from the sole negligence or willful misconduct of CIHA. Contractor agrees that upon written notice by CIHA of the assertion of such a claim, action, damage, obligation, liability or lien, Contractor shall assume full responsibility for the defense thereof. Contractor's choice of counsel shall be mutually acceptable to both CIHA and Contractor. Contractor waives, as respects to CIHA only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 of the Revised Code of Washington as well as any similar coverage required for this work by applicable federal or other state's state law. Article 8. ASSIGNMENT AND DELEGATION. 8.1. 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. 8.2. Notwithstanding Section 8.1, CIHA may assign its rights under this Contract without Contractor's consent to an affiliate of CIHA or to the Tribe 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. 8.3. This Contract shall be binding upon and inure to the benefit of CIHA and Contractor and their respective permitted successors and assigns. 8.4. The Parties hereby agree that all or part of the Work to be performed pursuant to this Contract may not be delegated to a subcontractor or any other third party unless first authorized by the CIHA. CIHA may attach any reasonable conditions or limitations to the employment of any such subcontractor or third party. Article 9. REPRESENTATIONS AND WARRANTIES. 9.1. Each party hereby represents and warrants to the other party that: (i) all action on the part of such party necessary for the execution, delivery, and performance of this Contract by such party has been taken, (ii) this Contract is a legal, valid and binding obligation of such party, subject to laws of general application relating to bankruptcy, insolvency and the relief of debtors and rules of law governing specific performance, injunctive relief, or other equitable remedies and (iii) the execution and delivery of, and the performance of the obligations under, this Contract by such party does not and will not contravene or result in any breach of any law or of any regulation, order, writ, injunction or decree of any court, tribunal, governmental body, authority, agency, or instrumentality, nor do or will such execution, delivery or performance violate, conflict with or result in (or with notice or lapse of time or both result in) a breach of or a default under any term or provision of any Contract, oral or written, to which such party is a party or is bound. 9.2. Contractor warrants that Contractor has the necessary qualifications to perform the Work under Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 6 of 25 this Contract. Contractor warrants that it has sufficient experience and competence to perform the Work and that all Work shall be completed in a professional and workmanship like manner and in compliance with industry standards, the Tribe’s codes, standards and laws, American Public Works Association engineering standards/codes and other applicable laws. Contractor shall indemnify and hold CIHA harmless from any and all costs, liabilities, or obligations by reason of the failure of Contractor or his or her employees, agents, subcontractors or assigns to comply with any applicable law. 9.3. Contractor represents and warrants to CIHA that (i) Contractor is financially solvent, able to pay all debts as they mature and possesses sufficient working capital to complete the Work and perform all obligations under this Contract, (ii) Contractor is able to furnish the plan, tools, materials, supplies, equipment and labor required to complete the Work, (iii) Contractor is authorized to do business for the Tribe and also in the State of Washington and is properly licensed by all necessary governmental and public authorities having jurisdiction over the Contractor, and the Work. 9.4. Contractor warrants that Contractor shall (i) confine all operations (including storage of materials) on the CIHA premises to areas authorized or approved by the Contracting Officer; (ii) at all times keep the Work areas, including storage areas, free from accumulations of waste materials; (iii) lay out the Work from base lines and benchmarks indicated on the drawings and be responsible for all lines, levels, and measurements of all Work executed under this Contract; (iv) directly superintend the Work performed under this Contract; (v) be responsible for all damages to persons or property that occur as a result of Contractor's fault or negligence; (vi) after completing the Work (A) remove from the premises all scaffolding equipment, tools, and materials that are not property of CIHA and all rubbish caused by Contractor's Work, (B) leave the area in a clean, neat and orderly conduction, and (C) perform all specified tests, if any. Article 10. TERMINATION. 10.1. Termination for Cause. Either party may terminate this Contract for cause upon written notice provided to the other party 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 seven (7) 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. 10.2. Termination for Convenience by CIHA. 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, which shall specify 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 adequately performed up to the date of the termination. Contractor shall submit an invoice to CIHA in writing with appropriate documentation. 10.3. Remedies for Violation or Breach. In part because of federal regulations (2 C.F.R. 200), this Contract has administrative, contractual, or legal remedies for instances where the Contractor violates or breaches the terms of this Contract, and provides for such sanctions and penalties as may be appropriate. Article 11. NO GENERAL WAIVER OF SOVEREIGN IMMUNITY. 11.1. CIHA enters into this Contract pursuant to its governmental authority and nothing herein shall be deemed to be a general waiver of CIHA's or the Tribe's sovereign immunity, which immunity is hereby expressly asserted. This Contract has been entered into within the jurisdiction of the Tribe and is Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 7 of 25 subject to the laws of the Tribe. Article 12. APPLICABLE LAW. 12.1. Contractor and all subcontractors shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of the Tribe, CIHA, and the United States governing performance of the Work. This Contract is subject to applicable governing law, which includes, but is not limited to: Indian or tribal preference laws as described in Section 12.2 herein. 12.2. INDIAN OR TRIBAL PREFERENCE. 12.2.1. of the Tribe, if any. Contractor shall comply with the Tribal employment and contracting preferences 12.2.2. Indian Preference (Section 7(b)) Clause: If the Tribe does not have Tribal employment and contracting preferences, and only until such time as the Tribe adopts such preferences through law or regulation, the following Indian preference provisions shall apply. 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. 5307(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 (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 this section 7(b) clause in every subcontract in connection with the project, and shall, at the direction of CIHA, take appropriate action pursuant to the subcontract upon a finding by the CIHA or the U.S. Department of Housing and Urban Development (HUD) that the subcontractor has violated the section 7(b) clause of the Indian Act. 12.3. The applicable provisions of the Native American Housing Assistance and SelfDetermination Act of 1996 (NAHASDA) and the regulations promulgated pursuant thereto. 12.4. The laws, policies, and regulations of the Tribe and the CIHA. 12.5. Such other federal law as may be applicable. 12.6. In the absence of applicable Tribe law, then the Parties shall apply federal law and then Washington State law as guidance for the Court in that order, provided that nothing in this Contract shall be deemed to bring the CIHA or the Tribe under the jurisdiction of the State of Washington, its agencies, or its courts. Article 13. INSURANCE. 13.1. Contractor's Insurance. Contractor warrants that it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Contractor, its employees, its agents, or its subcontractors. Contractor agrees to keep in force during its acts under this Contract a comprehensive ISO-compliant general liability insurance policy with a minimum limit of $1,000,000, and minimum carrier rating of AM Best A-VII. If Contractor is providing professional services, Contractor shall carry professional liability insurance in an amount appropriate for like professionals in the Seattle metropolitan area. Contractor's policies shall be primary and non-contributory with any similar insurance maintained by CIHA. Prior to beginning the work, Contractor shall provide a certificate of insurance to CIHA demonstrating that Contractor has the insurance described. Contractor shall require insurer to notify CIHA forty-five (45) days prior to cancellation of said policy. Unless waived in writing by CIHA, Contractor shall name CIHA as an additional insured. Contractor shall also maintain in full force and effect worker's compensation coverage for Contractor and its agents, employees, and staff that the Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 8 of 25 Contractor may employ, and provide proof to CIHA of such coverage; or proof that such worker's compensation insurance is not required under the circumstances. Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the services are performed the types of insurance policies and in the following amounts, which shall cover the Work and related activities of Contractor and any subcontractor, and such policies shall name CIHA as an additional insured: (i) General Liability Insurance - ________________ [$1,000,000 per occurrence unless otherwise indicated] (ii) Comprehensive Automobile Liability - ________________ [$1,000,000 per occurrence unless otherwise indicated] (iii) Worker's Compensation: As required by applicable law [or other amount as determined by CIHA] 13.2. Evidence of Insurance. Contractor shall, upon the request of CIHA, provide CIHA with certificates of insurance or, if requested copies of actual policies, evidencing the insurance coverage required by this Article 13, which shall state that a thirty (30)-day notice of cancellation or change will be provided to CIHA during the period of coverage required under this Contract 13.3. Maintenance of Insurance. Contractor shall pay all premiums for policies each is required to carry under this Article 13 when due so as to avoid any lapse in coverage. Article 14. DISPUTE RESOLUTION. 14.1. “Claim” as used in this clause, means a written demand or written assertion by one of the contracting Parties seeking, as a matter of 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 in a reasonable time. 14.2. 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 agreement, shall be resolved exclusively under this clause. 14.3. The details and supporting documents of all claims by Contractor for additional compensation, or for an extension of time of performance, or for any dispute regarding a question of fact, or for interpretation of the Contract, shall be made in writing and submitted to the Contracting Officer for a written decision within ten (10) calendar days from the date of the occurrence of the dispute. Contractor agrees that unless these written notices are provided, Contractor will have no entitlement to additional time or compensation for such act, event or condition and such failure to provide such notice shall constitute a waiver of the claims. All claims by CIHA against Contractor shall be made in writing and submitted to Contractor within ten (10) calendar days from the date of the occurrence of the dispute. 14.4. Presenting Claim. In presenting the claim and supporting documentation, Contractor shall specifically include, to the extent then possible, the following: 14.4.1. Certification signed by Contractor that the claim is made in good faith, that the supporting data is accurate and complete to the best of Contractor's knowledge and belief, and that the amount requested accurately reflects the Contract adjustment for which Contractor believes CIHA is liable. 14.4.2. A narrative which describes the facts and outlines the analysis of responsibility and causal connection of the claim including: (i) A brief summary of the claim and the facts pertinent to Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 9 of 25 the claim; (ii) The specific Contract provisions on which the claim is based; (iii) A description of the relative responsibilities of each party giving rise to the claims; (iv) A description of the cause and effect relationship between the relevant acts and omissions of the specific responsible Parties and the damages or additional costs claimed; (v) Documentation which supports the narrative including schedules, graphs, charts, photographs, and any other pertinent documents or information; (vi) Quantitative analysis and presentation of requested additional compensation and/or the additional time including: (A) A summary of additional compensation and/or additional time requested; (B) Supporting calculations, subcalculations, cost data and documents including proof of expenditures to support the claimed additional compensation and/or additional time. 14.5. All claims by Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. 14.6. The Contracting Officer shall, within ____________ [60 unless otherwise indicated] days after receipt of the request, decide the claim or notify Contractor of the date by which the decision will be made. 14.7. The Contracting Officer's decision shall be final unless Contractor appeals in writing to a higher level in CIHA in accordance with CIHA's applicable policy and procedures for such appeals, if any. In the event that CIHA does not have a policy and procedures for such an appeal, an appeal may be made to the governing body of CIHA. Such appeal must be made within ________________[10 unless otherwise indicated] days after receipt of the Contracting Officer's decision. 14.8. 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. 14.9. 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 or the Tribe. 14.10. Contractor hereby acknowledges and irrevocably consents to the exclusive personal and subject matter jurisdiction of the Confederated Tribes of the Colville Reservation Tribal Court or other Tribal dispute resolution entity or mechanism of the Tribe over any dispute, suit or other legal action that may be filed relating to the Contract, provided that this provision shall not be deemed to be a waiver of the sovereign immunity of the Tribe or CIHA, which immunity is hereby expressly asserted, and provided further that any order, judgment or award of such Court or dispute resolution entity or mechanism in favor of CIHA and against Contractor may be registered or enforced in any court of competent jurisdiction. Article 15. MISCELLANEOUS 15.1. Survival. The obligations set forth in Articles 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, and 17 hereof shall survive any termination of this Contract for any reason. 15.2. 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, (i) deposit in the mail, postage prepaid, registered or certified, return receipt requested, (ii) personal delivery, (iii) delivery to an overnight courier of recognized reputation, or (iv) facsimile transmission (with confirmation 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: [contractor name] [address] Phone: Click or tap here to enter text. Telefax: Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 10 of 25 If to CIHA: Colville Indian Housing Authority 42 Convalescent Boulevard PO BOX 528 Nespelem, WA 99155 Attention: Contracting Officer Phone: Telefax: 509-634-2335 Attention: Contracting Officer The CIHA Contracting Officer is: Dale R. Schrock Jr. All such notices and communications hereunder shall be deemed given upon personal delivery, seven (7) business days after deposit in the mail, two (2) business days following deposit with any international courier service of recognized reputation, or one (1) business day after transmission by telefax. 15.3. Entire Contract. This Contract, including the Contract Documents, constitutes the entire Contract 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, Contracts 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, Contracts 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. If there are any documents attached to this Contract (including but not limited to proposals, bids, specifications, etc.), to the extent that such documents are inconsistent with this Contract, the terms of this Contract shall govern and shall supersede any inconsistent provisions in such attachments. 15.4. 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. 15.5. 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 unless and only to the extent expressly provided otherwise in this Contract. 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. 15.6. 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. 15.7. Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original, but which together shall constitute one and the same Contract. Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 11 of 25 15.8. 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. 15.9. Choice of Law and Forum. The rights and obligations of the Parties hereto shall be construed and enforced in accordance with and governed by the internal laws and regulations of the Tribe. Contractor hereby expressly and irrevocably consents to the exclusive jurisdiction of the Tribal Court of the Tribe for the resolution of any disputes pertaining to or arising out of this Contract, consistent with Article 14 of this Contract. Contractor hereby waives the right to object to such location on the basis of venue or forum non conveniens. 15.10. 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. 15.11. 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 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. 15.12. 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. 15.13. 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. 15.14. 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. 15.15. Use of Debarred, Suspended or Ineligible Subcontractors. Contractor will comply with the prohibitions set out in 2 C.F.R. Parts 180 and 200, 24 C.F.R. Part 24, Executive Order 12549, and 7 C.F.R. 3016.35, as well as any Tribal requirements, with regard to the use of debarred, suspended, or ineligible subcontractors. Contractor certifies, by signing the Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Contractor will not contract with any subcontractor or consultant for this project if it or its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Necessary certification forms shall be provided by the CIHA. 15.16. Drug-Free Workplace. Contractor will comply with the Drug-Free Workplace Act of 1988, HUD's implementing regulations at 24 C.F.R. Part 24, and any tribal requirements as set out in 24 C.F.R. 1000.46. Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 12 of 25 15.17. 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, and as supplemented in DOL regulations (41 C.F.R. chapter 60), to the maximum extent consistent with, but not in derogation of, compliance with the Indian preference requirements set out in Section 12.2, above. Contractor agrees to comply with and shall include the following Equal Employment Opportunity language in all contracts and subcontracts as required by 41 C.F.R. 60-1.4(b). During the performance of this Contract, the Contractor agrees as follows: 15.17.1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 15.17.2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 15.17.3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 15.17.4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 15.17.5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 15.17.6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 15.17.7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 13 of 25 or order of the Secretary of Labor, or as otherwise provided by law. 15.17.8 The Contractor will include the portion of the sentence immediately preceding paragraph 15.17.1 and the provisions of paragraphs 15.17.1 through 15.17.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 15.18. Independent Contractor. The Parties intend that each of them is and shall remain independent contractors with respect to services and items being provided hereunder. The Contractor is not an employee of CIHA, but an independent contractor. Contractor shall be free from the direction and control of CIHA over the means and manner of performing work under this Contract, subject to the right of the CIHA to specify the desired results. Accordingly, the Contractor responsible for paying all employment taxes and related employment expenses and shall not receive any benefits that are paid to CIHA employees. CIHA shall have no duty with respect to the Contractor other than to provide the Fixed Maximum Price set out in Article 3 above, unless additional duties are expressly set out in this Contract. 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. 15.18.1. Should it be determined by a judicial or administrative proceeding that the Contractor is an employee of CIHA for any reason, the amounts payable under this Contract shall be reduced by an amount equal to the total tax liability which may be determined. If payment has already been made to the Contractor, then Contractor shall remit such amount due or arrange with CIHA to have that amount withheld from future payments to Contactor. Any determination of employment status as above shall be solely for the purposes of the particular tax in question and for all other purposes of this Contract the Contractor shall not be considered an employee. Should a court determine that Contractor is an employee for any other purposes, Contractor agrees to an offset of its payments otherwise due such that CIHA's total financial liability shall be no greater than it would have been should that determination not have been made. 15.19. Ownership of Deliverables. Any and all reports, data, findings or other materials or deliverables under this Contract shall become the property of and remain under the sole proprietorship of CIHA. Material created by Contractor and paid for by CIHA shall be owned by CIHA, and shall be a “work for hire” as defined by the United States Copyright Act of 1976. This material includes, but is not limited to, plans, drawings, documents, computer programs, pamphlets, reports, studies, video production, audio reproduction, surveys, and materials in any other medium. Contractor for itself and any artists engaged by Contractor to perform work under this Contract, specifically waives any all rights granted pursuant to the Visual Artists' Rights Act of 1990. Material that Contractor uses to perform the Contract but is not created for or paid for by CIHA is not owned by CIHA, however, Contractor shall arrange for CIHA to have a perpetual license to this material for CIHA's internal purposes at no charge to CIHA. 15.20. Copyrights and Rights in Data. If this Contract is funded in whole or in part by funds provided under NAHASDA, then HUD 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 Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 14 of 25 grant or subgrant, and (ii) any rights of copyright to which a grantee, subgrantee, or Contractor purchases Ownership with grant support. 15.21 Examination and Retention of Contractor’s Records. 15.20.1. 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. CIHA, HUD, and the Comptroller General of the United States, and any of their duly authorized representatives, shall, until three (3) years after Final Payment is made under this Contract, have access to and the right to examine and audit 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. 15.20.2. The Contractor agrees to include in all subcontracts under this Contract at any tier a clause substantially the same as subparagraph 15.21.1 above. 15.20.3. The periods of access and examination in subparagraphs 15.21.1 and 15.21.2 above for records relating to (i) appeals under the disputes clause of this Contract, (ii) litigation or settlement of claims arising from the performance of this Contract, or (iii) 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 15.21.1, whichever is later. 15.21. Environmental Laws. For contracts and subcontracts in amounts in excess of $150,000, Contractor and all subcontractors shall comply with all applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q.), the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended, Executive Order 11738, and Environmental Protection Agency (EPA) regulations (40 C.F.R. part 15). Contractor and all subcontractors and their employees shall not cause or permit any hazardous substances to be brought upon, used, kept, or stored in or on the Work site without the prior written consent of CIHA, which CIHA shall not unreasonably withhold as long as Contractor demonstrates to CIHA’s reasonable satisfaction that such hazardous substances are necessary or useful to Contractor in carrying out the Work under the Agreement and will be used, kept, and stored in a manner comporting with this clause and applicable Tribal law. Contractor shall immediately notify CIHA of any spill, release, or disposal of hazardous wastes and any order, notice of violation, fine, penalty, or other similar action relating to hazardous wastes at or in connection with the Work site. Violations of this clause must be reported to the relevant federal funding agency and the Regional Office of the EPA. 15.22. Energy Efficiency. Contractor and all subcontractors 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). 15.23. Restrictions on Lobbying. Contractor and all subcontractors 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 U.S.C. 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. Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 15 of 25 15.24. No Liens. The property on which services and/or Work will be performed is located on lands held in trust by the United States for the benefit of the Tribe. As such, the property and any improvements thereon cannot be subject to any mechanic's or other lien, and this Contract does not create or grant any such right. Contractor shall not attempt to assert or perfect any such lien, nor permit any subcontractors to do so. 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. Without regard to any other duty or requirement under this Contract, Contractor shall assure that all liens of whatever nature shall be resolved prior to payment of the final payment under this Contract. 15.25. 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 (including but not limited to COVID-19 safety precautions) 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. 15.26. Warranty of Work and Materials. All materials and equipment incorporated in the services provided under this Contract will be new unless otherwise specified and that the Work performed will be free from faults and defects unless otherwise specifically provided in this Contract or CIHA has previously given Contractor an acceptance of such condition. For a period of one year after the date of Contractor's completion of work, Contractor warrants to CIHA that Work performed under this Contract conforms to the Contract requirements and is free of any defect in equipment, material, or workmanship performed by Contractor or any subcontractor or supplier at any tier. Contractor shall remedy, at Contractor's expense, any defect or failure to conform and any damage caused to real or personal property of CIHA caused by such defect or failure to perform. 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 and all subcontractors 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. 15.27. 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 scope of services under this Contract. 15.28. Copeland Anti-Kickback Act. Contractor and all subcontractors shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145 and 18 U.S.C. § 874) as supplemented in Department of Labor (DOL) regulations (29 C.F.R. Part 3). 15.29. Contract Work Hours and Safety Act. For contracts and subcontracts in amounts in excess of $100,000, Contractor and all subcontractors shall comply with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702, and 3704) as supplemented by DOL regulations (29 C.F.R. Part 5). 15.30. Subcontracting with Small and Minority Firms, Women's Business Enterprise, VeteranOwned Businesses, and Labor Surplus Area Firms. In accordance with federal regulations (2 C.F.R. § 200.321), Contractors shall take the following steps to ensure that when possible, subcontracts are awarded to small and minority business firms, women's business enterprises, veteran-owned businesses, and labor Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 16 of 25 surplus area firms: (i) Placing qualified small and minority businesses, and women's business enterprises, veteran-owned businesses, on solicitation lists; (ii) Ensuring that small and minority businesses, women's business enterprises, and veteran-owned businesses are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, women's business enterprises, and veteranowned businesses; (iv) Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses, women's business enterprises, and veteran-owned businesses; and (v) Using the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S. Department of Commerce, and State and local governmental small business agencies. 15.31. Bond Requirements. For construction, or facility improvement contracts exceeding $150,000, Contractor shall provide (i) a performance bond on the part of Contractor for 100% of the Contract Price, which bond shall secure fulfillment of all Contractor's obligations under the Contract; (ii) a payment bond on the part of the Contractor for 100% of the Contract Price to assure payment as required by law of all persons supplying labor and material in the execution of the work provided under this Contract; and (iii) a bid bond in an amount determined by CIHA as necessary for the project. 15.32. Central Contractors Registry. Contractor and any subcontractors shall be registered with the Central Contractors Registry. The Central Contractors Registration clause (FAR 4.1105) is hereby incorporated by reference into the Contract in its entirety. 15.33. Employee Background Checks. Contractor shall conduct background checks on prospective employees of Contractor who will provide services under this Contract to ensure that employees of Contractor do not have a criminal record or other background that would call into question their trustworthiness. Contractor may, at Contractor's option, request that CIHA submit any prospective employee's name through the background check process used by the CIHA, provided that Contractor will be charged the cost of such background check and such cost will be deducted from payments to be made to Contractor. 15.34. Certification of Eligibility. 15.34.1. By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor'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 C.F.R. 5.12(a)(1). 15.34.2. No part of this Contract shall be subcontracted to any person or firm ineligible for award of a United States Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 C.F.R. 5.12(a)(1). 15.34.3. 18 U.S.C. 1001. The penalty for making false statements is prescribed in the U.S. Criminal Code, 15.35. Further Certification of Contractor. The Contractor certifies that the Contractor has never been sanctioned, suspended, disbarred or been the subject of any other disciplinary action in any jurisdiction or by any federal or state agency, or by any Indian tribe, TDHE, or tribal organization. 15.36. Prohibition on Conflicts of Interest 15.36.1. Based on the federal regulations (2 C.F.R. 200.318) and where those regulations apply, no employee, officer or agent of the CIHA shall participate in selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) The employee, officer, or agent; (ii) Any member of his or her family; (iii) His or her partner; or, (iv) An organization that employs, or is about to employ, any of the above has financial or other interest in the firm selected for award. The grantee's or subgrantee's officers, Colville Indian Housing Authority Small Purchase Construction Contract—Federal Funds Page 17 of 25 employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from Contractors, or Parties to sub-agreements. Grantees and subgrantees may set minimum rules where the financial interest is not substantial or the gift is unsolicited item of nominal intrinsic value. To the extent permitted by the State or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee's and subgrantee's officers, employees, or agents or by Contractor's or their agents. The awarding agency may in regulation provide additional prohibitions relative to real, apparent, or potential conflicts of interest. 15.36.2. Neither the CIHA nor any of its Contractors or their subcontractors shall enter into any contract, subcontract , or agreement , in connection with any project or any property included or planned to be included in any project, in which any member, officer, or employee of the CIHA, or any member of the governing body of the Tribe , or in any other public official of such locality or localities who exercises any responsibilities or functions with respect to the project during his/her tenure or for one year thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee of the CIHA, or such governing body member or such other public official of such locality or localities involuntarily acquires or had acquired prior to the beginning of his/her tenure any such interest, and if such interest is immediately disclosed to the CIHA and such disclosure is entered upon the minutes of the CIHA, the CIHA, with the prior approval of HUD, may waive the prohibition contained in this subsection: Provided, that any such present members, officer, or employee of the CIHA shall not participate in any action by the CIHA relating to such contract, subcontract, or arrangement. 15.36.3. No member, officer or employee of the CIHA, no member of the governing body of the Tribe, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the project, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 15.36.4. If this Contract is funded in whole or in part by funds provided under NAHASDA, in all cases not governed by 2 C.F.R. 200.318, the following conflict of interest provisions shall apply: No person who participates in the decision-making process or who gains inside information with regard to NAHASDA–assisted activities may obtain a personal or financial interest or benefit from such activities, except for the use of NAHASDA funds [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Ae159e1e58bfd80a5. Public record. Not legal advice.