# Raccoon Town Project > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aport_gamble_sklallam%3A2b3526092755e62d ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text SOLICITATION FOR CONSTRUCTION BIDS Raccoon Town Project 39 Lot Subdivision A portion Gov’t Lot 5 & the NE ¼ NE ¼ Section 5, Township 27 N, Range 2 E, W.M., Kitsap County, Washington March 18, 2026 TABLE OF CONTENTS ADVERTISEMENT FOR BIDS ....................................................................................... 1 INSTRUCTIONS TO BIDDERS ...................................................................................... 3 1. STATEMENT OF QUALIFICATIONS .......................................................................... 3 2. SCOPE OF WORK .......................................................................................................... 3 3. EXAMINATION OF SITE, DRAWINGS, AND OTHER ................................................ 4 4. BID PREPARATION AND SUBMISSION .............................................................. 4 4.1. FIXED PRICE LUMP SUM BID.................................................................................. 5 5. EXPLANATION AND INTERPRETATION .................................................................... 5 6. LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWAL OF BIDS ............ 6 6.1 Late Submissions .......................................................................................................... 6 6.2 Erasure and Modifications............................................................................................ 6 7. PERMITS AND TAXES ...................................................................................................... 7 8. PAYMENTS ......................................................................................................................... 7 9. INSPECTIONS .................................................................................................................... 7 10. DETERMINATION OF LOW BID .................................................................................. 7 11. CONSIDERATION OF BIDS .......................................................................................... 8 12. SCHEDULE ....................................................................................................................... 8 13. REPRESENTATIONS AND CERTIFICATIONS ......................................................... 9 14. BID GUARANTY .............................................................................................................. 9 15. PERFORMANCE AND PAYMENT BOND .................................................................. 9 16. PRECONSTRUCTION CONFERENCE ....................................................................... 9 17. EQUAL OPPORTUNITY AND NATIVE AMERICAN PREFERENCE ................... 10 18. SUBCONTRACTORS ................................................................................................... 16 19. INELIGIBLE CONTRACTORS/SUBCONTRACTORS ........................................... 16 20. DATE OF OPENING BID.............................................................................................. 16 22. AWARD OF CONTRACT ............................................................................................. 16 23. EXECUTION OF CONTRACT ..................................................................................... 17 EXHIBIT 1: Statement of Qualifications EXHIBIT 2: Plans and Specifications EXHIBIT 3: Bid Schedule EXHIBIT 4: 2026 PGST Tribally Determined Wage Rates EXHIBIT 5: Bid Guarantee EXHIBIT 6: Award of Contract EXHIBIT 7: Port Gamble S’Klallam Tribe Construction Contract ADVERTISEMENT FOR BIDS Notice is hereby given that Rory McLeod, Project Manager for The Port Gamble S’Klallam Tribe (PGST), will receive proposals until 12:00 p.m., P.D.T., on Wednesday April 15, 2026 either by mail or hardcopies physically delivered at the PGST Main Tribal Center Office at 31912 Little Boston Road NE, Kingston, WA 98346, for furnishing all labor, equipment, and materials for construction of site civil infrastructure work for the 39-lot Raccoon Town Subdivision Project located on the PGST Indian Reservation in north Kitsap County, Washington. All bid proposals will be opened, evaluated for completeness and summarized from lowest to highest and include the submitting construction company’s name. The summarized list will be automatically sent to each bidder electronically via email within 5 business days. A mandatory pre-bid site visit is scheduled for Wednesday March 25, 2026 at 10:00 am at the site entrance on Hood Canal Drive NE next to the water booster pump station. The work consists of three schedules, all of which must be completed and included as part of the bid proposal to be determined responsive: Schedule A: Sanitary Sewer and Water Distribution System Schedule B: Stormwater and Roadway Infrastructure Schedule C: All other Infrastructure and Construction Bid Documents for this project are available at the following website: http://pgst.nsn.us/planning/ . Bidders are encouraged to “register” by email to both rorym@pgst.nsn.us and patf@map-limited.com in order to receive automatic email notification and future addenda and to be placed on the “Bidders List” on the website. For assistance, please contact the Project Engineer Pat Fuhrer at patf@maplimited.com. Contract questions shall be directed to the Project Engineer. All bidding and construction is to be performed in compliance with the Contract Plans and Specifications for this project and any addenda issued thereto. The contract award will be made to the lowest responsible bidder based on the total cost of the development project and completeness. The Engineer’s estimate for this project is approximately $4,936,000 - $5,484,000. The work shall be physically complete within 300 working days after the commencement date stated in the Notice To Proceed. Each bid shall be made out on the proposal form furnished with the specifications. Each bid shall be accompanied by a certified check, cashier's check, bid bond or cash, made payable to the order of the Port Gamble S’Klallam Tribe in the sum of 5% of the amount bid, to be forfeited to the Port Gamble S’Klallam Tribe by the successful bidder in case they fail to enter into a contract, file an acceptable surety bond in the sum of 100% of the contract price, or fulfill the other applicable conditions of said contract within ten (10) calendar days of the date of the award. All sealed bids are to be submitted by mail or in-person at the place and address listed above Attention: Rory Page 1 of 41 McLeod.. Award of contract, if made, will be made to the lowest responsive and responsible bidder. The Tribe reserves the right to reject any or all bids and to waive all informalities in the bidding. Financing of this project has been provided by the Port Gamble S’Klallam Tribe, Indian Health Services and Bureau of Indian Affairs. The Port Gamble S’Klallam Tribe expressly reserves the right to reject any all Proposal and to waive minor irregularities or informalities and to Award the Project to the lowest responsive, responsible bidder as it best serves the interests of the Tribe. Dated this: _ 18th _ day of March, 2026 by: __________________________ Joe Sparr, Director Planning Department Port Gamble S’Klallam Tribe Page 2 of 41 INSTRUCTIONS TO BIDDERS 1. STATEMENT OF QUALIFICATIONS Prequalification of bidders is not required for this project. Each bidder must furnish a statement with their bid on the form furnished in Exhibit 1. The statement must provide the bidder’s construction experience, the bidder’s availability for the performance of the contract, a listing of all other work which the bidder currently has under contract during the period of performance of the work for this contract, and a statement that the bidder is able to perform the work contemplated within the period of performance. In addition, each bidder shall submit with their bid, a statement of equipment that is proposed for use under this contract, its present location, and the dates of availability. The Tribe may request additional information from a bidder to demonstrate that the bidder is able to perform the work. The Tribe will accept bids from responsible contractors who show evidence of their ability to complete the total development project, their financial and technical resources, and their professional integrity. A bid may be rejected if the information submitted fails to demonstrate that the bidder is qualified to perform the scope of work under the contract or is qualified to complete the total development project. 2. SCOPE OF WORK Included in this bid package is Exhibit 2 which contains geotechnical soils investigations and construction recommendations, Project Design report, logging firewood sharing, and construction plans that show the site plan, existing conditions and topographic information for the subdivision project, along with construction drawings for erosion control, road plan, grading, storm drainage, sanitary sewer, water and dry utility plans including fiber optic and final design for permanent power and streetlights from Puget Sound Energy (PSE) . The work required under this contract includes all labor, materials, transportation, equipment, supplies and services necessary for, and incidental to, the completion of all contract work in accordance with the contract, plans, PSE design and construction standards and geotechnical information provided in Exhibit 2. Any bulletins or addenda issued during the time of bidding are to be covered in the proposal and will become part of any subsequent contract. The proposal is shown in the three bid schedules in Exhibit 3 and a bid summary. The bidder is required to bid on all of the bid schedules for the work and contract amount awarded will be based on the bid summary amount. Details of work which are necessary to carry out the intent of the contract, or which are customarily performed, shall not relieve the contractor from performing the omitted work, but the work shall be performed as if fully and correctly set forth and described in the contract. The contract bid prices shall be full pay for all work and materials required to complete the contract. Page 3 of 41 3. EXAMINATION OF SITE, DRAWINGS, AND OTHER Each bidder shall visit and investigate the site of the proposed work and fully acquaint him or herself with conditions relating to construction and labor so that he/she may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the contract. The Contractor is presumed to be familiar with local soil geology and, by signing the bid documents, acknowledges that he has been given an adequate opportunity to review the geotechnical data provided in Exhibit 2 and has accessed the site prior to bidding the contract. Subsurface soil conditions will not be considered a valid reason for a claim based on changed conditions or differing conditions. The Tribe makes no representations or guarantees regarding the sub-surface soil conditions at the site. Bidders shall thoroughly examine and be familiar with the drawings and supporting documents. The failure or omission of any bidder to receive or examine any form, instrument, addendum or other document or to visit the site and acquaint themselves with conditions there, which may have a bearing on construction costs, shall in no way relieve any bidder from any obligation with respect to their bid or the contract. By submitting a bid the bidder warrants, agrees and acknowledges that they have complied with this paragraph and is familiar with the conditions such examination and investigation would reasonably disclose. 4. BID PREPARATION AND SUBMISSION (a) The bidder shall submit their cost proposal for each of the three schedules listed on the Bid Summary on the forms furnished by the Tribe and included in Exhibit 3. The mailing address, email address and phone number of the bidder shall be typed or printed on the proposal. All blank spaces in the proposal form shall be properly filled in. (b) All prices must be stated in both words and figures. (c) Bids must be signed and the bidder’s name typed or printed on the bid sheet and each continuation sheet which requires the entry of information by the bidder. i. If the proposal is made by a partnership, it shall contain the names of each partner and shall be signed in the firm name, followed by the signature of the person authorized to sign. ii. Bids signed by an agent shall be accompanied by evidence of that agent’s authority. (Bidders should retain a copy of their bid for their records). Page 4 of 41 iii. If the proposal is made by a corporation, it shall be signed in the name of the corporation, followed by the written signature of the officer signing and printed or type-written designation of the office he holds in the corporation. (d) All bid documents shall be submitted electronically and/or physically and shall be clearly marked with the words “Bid Documents,” the name of the project, and the bidder’s name. Failure to bid on all items will disqualify the bid. 4.1. FIXED PRICE LUMP SUM BID Bidders shall submit a fixed price lump sum bid on the bid schedule provided in Exhibit 3. Bidders are required to establish an overall construction budget that corresponds to the construction schedules (see Section 12) for the entire project, and include that in their Bid. Failure to provide an overall construction budget will be considered nonresponsive. The Tribe is providing professional services for the construction of the work related to Construction Surveying, Inspections, and Soil Testing/Construction Monitoring and Field Quality control. As required in Title 10.04 of the Port Gamble S'Klallam Tribal Code, all laborers and mechanics employed by contractors or subcontractors in the construction, alteration, or repair, including painting or decorating of buildings or other facilities in connection with this bid proposal shall be paid wages at not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act of March 3, 1931 (46 Stat. 1494), as amended (40 U.S.C. 276a et seq.) as shown in Exhibit 4. The work will be conducted under the general supervision of the Tribe’s designated representatives and will be subject to inspection to ensure strict compliance with the terms of the contract documents. No inspector is authorized to change any provision of the specifications without written authorization of the Tribe. 5. EXPLANATION AND INTERPRETATION Every request for an interpretation of the bid documents shall be made to the Project Engineer Pat Fuhrer, patf@map-limited.com electronically via email and copied to the Port Gamble S’Klallam Tribe's Project Manager Rory McLeod, rorym@pgst.nsn.us five (5) or more business days before the deadline for bid submissions. Oral interpretations shall not be provided to any bidder as to the meaning of the drawings and specifications or other contract documents. Any information given a prospective bidder concerning this solicitation will be furnished promptly to all other prospective bidders via addendum to whom drawings have been issued as a written amendment to the solicitation, if that information is necessary in submitting bids, or if the lack of it would be prejudicial to other prospective bidders. Page 5 of 41 All such amendments shall become part of the contract bid documents and shall be acknowledged by the bidder in the space provided on the Bid Proposal. 6. LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWAL OF BIDS 6.1 Late Submissions Any bid received after the exact time specified for submission to Rory McLeod will not be considered. 6.2 Erasure and Modifications The proposal form invites bids on definite construction plans. Only the amounts and information asked on the proposal form furnished will be considered as the bid, each bidder shall bid upon the work exactly as provided in the proposal form. The bids submitted must not contain any erasures, delineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid and their signature initials. Modifications to bid proposals already submitted and received will be considered only if the request for such modifications and the modifications themselves are made prior to the scheduled closing time for the receipt of the bid proposals. Modifications must be made in writing, submitted electronically via email and have present the signature of the bidder. Oral, telephonic, telefax or telegraphic modifications are prohibited. Changes in or additions to the bid form, recapitulations of the work bid upon, alternate proposals, exclusions or any-other modifications of the bid form which are not specifically called for in the contract documents, may result in the Tribe's rejection of the bid as non-responsive. 6.3 Withdrawal of Bid Bids may be withdrawn by written notice submitted electronically via email at any time prior to the exact closing time set for submittal of bids. Submission of withdrawal of bid shall be submitted by an authorized representative of the bidder and must have their signature affixed to the electronic documents. After the scheduled closing time for the receipt of proposals, no bidder will be permitted to withdraw their proposal unless the award of the contract is delayed by the Tribe for a period exceeding sixty (60) calendar days. Negligence on the part of the bidder in preparing the bid confers no rights for the withdrawal of the bid after it has been opened. Page 6 of 41 7. PERMITS AND TAXES There are no permits required to be obtained by the Contractor, and no State or County taxes will be charged to the development since all land for the project is currently in Trust status and located upon a federally recognized Indian Reservation. 8. PAYMENTS The Tribe will make monthly payments to the Contractor based on progress (by percentage of completion) on the contractor’s overall budget that sets forth the schedule of values as required in Section 4.1. 9. INSPECTIONS The project will be inspected by the Tribe and its designated representatives. The Contractor shall provide for and include weekly construction progress/inspection meetings with the Tribe’s project representatives in their bid. 10. DETERMINATION OF LOW BID Bids will be considered based upon the provisions of Sections 1.02 and 1.03 of the WSDOT/APWA current edition Standard Specifications, however, generally: A. Lump Sum Contracts: Where the lowest base bid submitted by a responsible bidder for a proposed lump sum contract does not exceed the funds available to finance the contract, the award of the contract will be made to such lowest responsible bidder on the basis of the base bid. If the lowest bid submitted by a responsible bidder exceeds the funds available to finance the contract, the contract may be awarded to that responsible bidder whose base bid, when reduced by the smallest number of alternates taken in the sequence specified in the Schedule of Prices, does not exceed such funds, and is the lowest in comparison with all other bids which are similarly reduced by the same alternates. B. Unit Price Contract: The quantities for which unit prices are indicated in the proposal form are approximate only and are to be used for the purpose of comparison of bids and determining the low bid and the amount of the payment and performance bond required. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. The total of the extension, corrected where necessary, will be used for award purposes and to determine the amount of the performance and payment bond. The Tribe expressly reserves the right to increase or decrease these quantities during construction and to make reasonable changes in the design without being responsible to the Contractor for extra costs, loss or for anticipated profits. Payment will be made on the basis of the actual quantities of each item of work completed in accordance with the contract documents. Page 7 of 41 C. Alternates and Add-on's: If the lowest bid submitted by a responsible bidder exceeds the funds available to finance the contract, the contract may be awarded to that responsible bidder whose base bid, when reduced by the smallest number of add on' s and/or alternate bid items, sequence specified in the Schedule of Prices, does not exceed such funds, and is the lowest in comparison with all other bids which are similarly reduced by the same alternates. The Contractor is requested to bid both proposals; basic bid, alternate bid, and add-ons; the determination of the lowest responsive bid will be determined as noted above. In the case of a tie of low bids, award shall be made in accordance with the Tribe’s written policy and procedure. The lowest responsible Bidder will be asked to enter into a contract for the total development schedule of the project. In the event that the Tribe and the highest ranking contractor are not successful in reaching a contract format, the next highest ranking bidder will be approached in the same manner. In the event that none of the bidders reach a successful contract agreement, the Tribe reserves the right to reject all proposals and re-advertise the project to the General Public using the same general development conditions. 11. CONSIDERATION OF BIDS All bids may be rejected if the lowest responsive bid received exceeds the Engineer's estimate by an unreasonable amount. In the event that all bids received are rejected for this reason, this project may be deferred to re-advertising for bids until a more competitive bidding situation exists. The Tribe reserves the right to reject any/or all proposals, and to waive any informalities in connection with said proposals or bids. If any bidder submits more than one proposal for an item, all proposals of that bidder for all items may be rejected. If the proposal includes a supplemental schedule or predetermined unit prices for labor and materials or other items for the purpose of establishing a cost basis on unforeseen contract changes, the Tribe reserves the right to reject, without impairing the balance of the proposal, any or all such predetermined unit prices or such supplemental schedules which the Tribe may consider excessive or unreasonable. 12. SCHEDULE Bidders are required to establish an overall construction schedule for the entire project, and include such schedule in their Bid. Failure to submit this schedule will be considered non-responsive. Page 8 of 41 13. REPRESENTATIONS AND CERTIFICATIONS None required 14. BID GUARANTY A certified check, cashier's check, cash, or a bid bond made payable to the Port Gamble S’Klallam Tribe for an amount equal to at least five (5) percent of the total amount bid, and the completed form provided in Exhibit 5 shall accompany each bid as evidence of good faith and as a guarantee that if awarded the contract, the bidder will execute the contract and provide the required bond(s). The successful bidder's bid guarantee payment will be retained until they have entered into a contract with the Tribe and have furnished a 100 percent payment and performance bond. The Tribe reserves the right to hold the cash; certified checks, cashier's check, or bid bond of the three (3) lowest bidders until the successful bidder has entered into a contract and furnished a payment and performance bond. Once the project is awarded, the Tribe will return the Bid Guaranty to the non-selected bidders. Bid bonds shall be furnished by a surety company authorized to do business in the State of Washington. It is the bidder's responsibility to advise their surety company that the bond to be furnished relates to work to be performed on an Indian Reservation. Should the successful bidder fail to enter into a contract and furnish a satisfactory payment and performance bond within ten (10) business days after their proposal has been accepted, the cash, certified check, cashier's check or bid bond shall be forfeited as liquidated damages. 15. PERFORMANCE AND PAYMENT BOND The successful bidder shall furnish an assurance of completion prior to the execution of the contract under this solicitation in the form of a payment and performance bond and in the full amount of the contract price. Such bond shall be furnished by a surety company and deemed acceptable to the Tribe. Notwithstanding anything herein to the contrary, said bond(s) shall in all respects comply with the requirements of Chapter 39.08 of the Revised Code of Washington. The expense of this bond shall be borne by the Contractor. 16. PRECONSTRUCTION CONFERENCE After award of a contract under this solicitation and prior to the start of work, the successful bidder will be required to attend a preconstruction conference with representatives of the Tribe and its Engineer, and other interested parties convened by the Tribe. The conference will serve to acquaint the participants with the general plan of the construction operation and all other requirements of the contract. The Tribe will Page 9 of 41 provide the successful bidder with the date, time, and place of the conference. 17. EQUAL OPPORTUNITY AND NATIVE AMERICAN PREFERENCE Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, ethnicity, religion, age, national origin, gender or disability, with regard to employment, promotion, demotion, transfer, recruitment, advertising, lay off, termination, rates of pay or other forms of compensation or selection for training. This procurement is subject to the Port Gamble S’Klallam Tribal practice of Indian Preference regarding the use of Port Gamble S’Klallam and Native American businesses and increased employment of qualified Port Gamble S’Klallam Tribal Members and other Native Americans. All bidders are urged to seek out and utilize businesses owned by Port Gamble S’Klallam Tribal Members. Indian Preference Requirements Port Gamble S'Klallam Tribe Raccoon Town Project 1. The Port Gamble S’Klallam Tribe’s “Tribal Construction Preference Policy” applies to this Project and is hereby incorporated into “Instructions to Bidders for Contracts” by reference. 2. The general Contractor selected for the project shall make best efforts at awarding subcontracts in compliance with the Port Gamble S’Klallam Tribe’s “Tribal Construction Preference Policy”. 4. Proof of Indian business ownership shall be required for the Project if claiming Indian Preference. 5. If claiming Indian Preference, the following form must be completed and submitted along with the bid: Page 10 of 41 Indian Preference Form Port Gamble S'Klallam Tribe Raccoon Town Project 1. Organizational Structure: 2. Name of Owner/Owners: ____________SOLE PROPRIETOR PARTNERSHIP CORPORATION ____________JOINT VENTURE ____________OTHER 3. Tribe of Owner Claiming Indian Preference: Please attach official supporting documentation from the Tribe for each officer, partner, or individual claiming Indian Preference. If your company is either a partnership or corporation, attach a written narrative to this form explaining the stock ownership, structure, management, control, financing, and salary or profit sharing arrangements of the enterprise. Attach copies of all shareholder agreements, including voting trust, employment contracts, agreements between owners and enterprise. Include information on salaries, fees, profit sharing, material purchases, and equipment lease or purchase agreements. Evidence relating to structure, management, control, and financing should be specifically included. Also, list the specific management responsibilities of each principal, sole proprietor, partner, or party to a joint venture. 4. Indian Ownership Interest: PARTIAL (List percentages of Ownership) 100% OWNERSHIP CERTIFICATION I CERTIFY THAT ALL STATEMENTS MADE BY ME ON THIS INDIAN PREFERENCE FORM ARE TRUE, COMPLETE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I HEREBY GRANT PERMISSION TO THE PORT GAMBLE S’KLALLAM TRIBE TO CONFIRM BY PERSONAL INQUIRY OR OTHERWISE, THE INFORMATION I HAVE Page 11 of 41 GIVEN. I UNDERSTAND THAT ANY WILLFUL MISREPRESENTATION OF FACTS GIVEN TO THIS PROCESS IS GROUNDS FOR REJECTION OF THIS QUALIFICATION FOR INDIAN PREFERENCE. I RELEASE ALL PERSONS CONNECTED WITH ANY REQUESTS FOR INFORMATION FROM ALL CLAIMS, LIABILITY, AND DAMAGES FOR WHATEVER REASON ARISING OUT OF FURNISHING THE INFORMATION. I hereby acknowledge that I have read and understand the above statement. Owner/Contractor’s SIGNATURE If applicant is Sole Proprietor PARTNER’S SIGNATURE (IF APPLICABLE) If applicant(s) is/are in a Partnership or Joint Venture DATE DATE IF APPLICANT IS A CORPORATION AFFIX CORPORATE SEAL: CORPORATE SEAL BY: PRESIDENT’S SIGNATURE DATE ATTESTED BY: CORPORATE SECRETARY Page 12 of 41 DATE Page 13 of 41 Page 14 of 41 Page 15 of 41 18. SUBCONTRACTORS Bidders shall identify in writing where shown on Exhibit 1, the names of all subcontractors together with a summary of the extent and character of the work to be done by each subcontractor, and whether or not they are Indian owned, woman owned or minority business. 19. INELIGIBLE CONTRACTORS/SUBCONTRACTORS The use of debarred, suspended, or ineligible contractors is prohibited under 24 CFR § 24 and §1001.44. 20. DATE OF OPENING BID Each proposal, shall be either mailed or hardcopies physically delivered at the PGST Main Tribal Center 31912 Little Boston Road NE, Kingston, WA 98346, properly addressed attention Rory McLeod with the name of the bidder and the project title written in the subject line. Bids will be accepted until 12:00 pm on April 15, 2026. It will be the sole responsibility of the bidder to see that their bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will not be considered. The bid opening shall occur over the next 5 business day and shall be organized beginning with lowest bidder and name of bidder and shall be sent via email to all bidders. 21. SERVICE OF PROTEST Written objections concerning a proposed or actual award of a contract under this solicitation by an actual or prospective bidder may be served on the Director of Planning of the PGST. All protests shall be resolved in accordance with the Tribe’s protest policy and procedures, copies of which are maintained at the Port Gamble S’Klallam Tribal Center. 22. AWARD OF CONTRACT The Tribe reserves the right to reject all bids and not make an award. The award of the contract will be made to the qualified bidder submitting the lowest bid, provided that the Tribe determines that the bidder is qualified to perform the Contract, and whether it is in the interest of the Tribe to accept the bid. The Tribe will assess bidder qualifications with respect to the project needs for equipment, manpower, availability, bonding capacity, etc. Upon a request by the Tribe, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the Tribe satisfactory evidence showing the bidder's financial resources and evidence of current bonding ability. Page 16 of 41 A written award will be furnished to the successful bidder within the period of acceptance (see Exhibit 6). 23. EXECUTION OF CONTRACT A example copy of the construction contract for this project is provided in Exhibit 7. Within ten (10) business days after receiving the notice of award, the successful bidder shall furnish the Tribe the required Contractor’s Payment and Performance bond and the Certificate of Insurance and the Contractor shall execute the contract. The Contract will be presented to the Port Gamble S’Klallam Tribal Council for review and approval. Signature by both parties constitutes execution of the contract. If the successful bidder fails to execute said contract and to furnish said bond and insurance within ten (10) business days from the date of delivery of the Notice of Award, Tribe will consider such Bid abandoned, and shall retain the bid guarantee submitted with the bid proposal. The Tribe may award said contract to another qualified contractor, may re-advertise the work, or may otherwise dispose thereof as the Tribe deems fit. Page 17 of 41 EXHIBIT 1 STATEMENT OF BIDDERS QUALIFICATIONS Each contractor bidding on work included in these contract documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made a part of each bid document. Additional pages may be added if needed. 1. Name of Bidder: ________________________________________________ 2. Business and Email Address: ______________________________________________ 3. How many years have you been engaged in the contracting business under the present firm name? ___________________________________________ 4. Contracts now in hand, gross amount? _____________, $_______________ 5. General character of work performed by your company: _____________________________________________________________________ _______________________________________________________ 6. List of important projects accomplished by your company, including approximate costs: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _________________________________________ 7. List of your major equipment: _____________________________________________________________________ _____________________________________________________________________ ________________________________________________ 8. Bank References: (at least 1 required) _______________________, ________________________________ 9. Current business form and owners names: _____________________________________________________________________ _______________________________________________________ ______________________________________________________________ 10. Other names used or business operated in the last 10 years:________________________________________________________________ _____________________________________________________________________ ________________________________________________ 11. Other partners, principal and shareholders in the past 10 years: __________ ______________________________________________________________ 12. List how your company will provide Indian Preference in the award of subcontracts: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _________________________________________ 13. Washington State Contractor's License Number: _______________________ 14. List all Subcontractors, together with a summary of the extent and character of their work, and whether or not they are Indian owned, woman owned or minority business owned: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _________________________________________ ____________________________ 15. Acknowledgement of Addendum Received. Bidder shall acknowledge receipt of all addenda. Bidder is responsible for verifying the actual number of addenda issued prior to submitting a proposal. Addendum No. Date Received Name of Recipient EXHIBIT 2 PLANS AND SPECIFICATIONS INSERTIONS : WSDOT Standard Specifications and Plans Hyperlinks Timber Harvest Sharing Specifications BABA Specifications Geotechnical Engineering Recommendations Willamette CRA Inadvertent Discovery Plan Construction Plans PSE Preliminary Design Earthwork Services quantities and Volumes report Raccoon Town Final Design Report EXHIBIT 3 BID SUMMARY The contractor is required to bid on all of the work specified in Exhibit 2 and complete Exhibit 3 Bid Summary and Bid Schedules. The contractor shall signify that the bid amount is correct below. TOTAL RACCOON TOWN HOUSING PROJECT Description SCHEDULE A: Sanitary Sewer and Water Distribution System SCHEDULE B: Stormwater and Roadway Infrastructure SCHEDULE C: All Other Infrastructure and Construction SCHEDULE A + SCHEDULE B + SCHEDULE C Amount ($) By signing this agreement Contractor represents, warrants and certifies that in submitting its bid that Contractor has not participated and agrees not to participate in any agreement, arrangement or collusion with any other person, entity, bidder, vendor or any subcontractor pertaining to receiving or giving certain benefits to Contractor or to any of these aforesaid parties, or made any promises of future benefit to anyone, or made any payment or gift to any TRIBAL agent, representative, employee or official. In addition, Contractor shall not make any payments or gifts to any TRIBAL official, employee or any Tribal member or Tribal agent as a result of or related to Contractor performing work pursuant to this Contact. Violation of this paragraph shall be grounds for immediate termination of consideration of this bid and shall bar the Contractor from future TRIBE contracts. Name of Firm_____________________________________________________ __________________________________________________________ Authorized Official Signature Title Business Physical Address:_____________________________________ ________________________________________________________________ Mailing Address City State Zip Code ________________________________________________________________ Telephone Number Email Washington State Contractor's License No._______________________ Date of Issue ________________ Expiration Date _________________ EXHIBIT 3 BID SCHEDULE A SANITARY SEWER AND WATER DISTRIBUTION SYSTEM RACCOON TOWN HOUSING PROJECT WORK ITEM On-site Sanitary Sewers including manholes, side sewers, and cleanouts Little Boston Road Off-site sewer extension/connection including Saw-Cut, Unsuitable Excavation & Haul, Excavation Safety System, Traffic Control, Testing, Imported/Compacted Roadway Gravel Borrow, and Paving Reservoir Watermain Fill Pipe Replacement, including Special Excavation, Existing Pipe Preservation, Sampling Tee, New Watermain Separation and Testing, Existing Pipe removal and disposal On-site watermain including hydrants, lot services, meters, meter boxes, blow-off and air-vac assemblies, and New watermain Separation and Testing TOTAL SCHEDULE A Written Dollars EXHIBIT 3 BID SCHEDULE B STORMWATER AND ROADWAY INFRASTRUCTURE RACCOON TOWN HOUSING PROJECT WORK ITEM On-site Storm Drainage incl. Storm Pond and Appurtenances, Pond and Pedestrian Access Road and bollards, Dispersion Systems, Lot Connection Drains On-site Cement Concrete Curb & Gutter and Rolled Curb, curbing transitions, curb cuts & cement concrete ramps, signage, striping, and channelization Hood Canal Drive Frontage Work including Sawcutting, Clearing/Grubbing, Grading, Storm Drainage System, Concrete Curb and gutter, cement concrete ramps and driveway entrance, cement sidewalks, pavement section and pavement restoration, signage, crosswalk and warning system, traffic control On-site Cement Concrete Sidewalk Roadway Grading including CSTC & CSBC On-site Paving HMA including speed humps, raised crosswalk and pedestrian warning system, signage, and centerline monuments TOTAL SCHEDULE B Written Dollars EXHIBIT 3 BID SCHEDULE C ALL OTHER INFRASTRUCTURE & CONSTRUCTION RACCOON TOWN HOUSING PROJECT WORK ITEM Mobilization and Demobilization Minor Changes ALLOWANCE Written Dollars Twenty-Five Thousand and 0/100 dollars $25,000.00 One Hundred Fifty-Thousand and 0/100 Dollars $150,000.00 Stormwater Pollution Prevention Plan including BMP installation and maintenance, seeding, jute mat Clearing & Grubbing including topsoil strip, stockpile, placement, and excess disposal Timber Harvest Firewood Sharing and Delivery Mass Grading incl. Excavation and Embankment Haul, Compaction & Import Dry Utility Trenching, Conduit & Backfill and Fiber Handholds(Power, New Street Lighting, Fiber) Hood Canal Drive Street Lighting overhead power demo/removal, trenching and backfill for conduit between existing light standards, 2” Sch 80 conduit, cable, re-connect street lights, energize at V-09 Park Tract Amenities, including equipment purchase and install, curbing, boulder relocation ALLOWANCE Final Cleanup TOTAL SCHEDULE C EXHIBIT 4 Davis Bacon Construction Labor Rates 1/1/2025 – 12/31/2026 EXHIBIT 5 BID GUARANTEE A bid guaranty in an amount of five percent (5%) of the total bid based upon the approximate estimate of quantities at the above prices and in a form as indicated below is attached hereto: CASH in the amount of $____________________ CASHIER'S CHECK for $____________________ dollars made payable to Port Gamble S’Klallam Tribe CERTIFIED CHECK for $____________________ dollars made payable to Port Gamble S’Klallam Tribe Receipt is hereby acknowledged of addendum(s) no. (s) __________, __________, __________ DATED this day of ________________, 2026 Authorized Signature(s) ____________________________________________ Firm Name ____________________________________________ Address ____________________________________________ Contractor’s License No. ____________________________________________ Phone Number Subscribed and sworn to before me this ____ day of _____________________, 2026. __________________________ Notary Public My Commission expires on the ___ day of _______, _______. EXHIBIT 6 NOTICE OF AWARD The Port Gamble S’Klallam Tribe (“Tribe”) represented by the undersigned has considered the Bid Proposal submitted by _____________ for the construction of ___________________ in response to its Notice and Instructions to Bidders dated: _________________________. The Tribe accepts your bid proposal for the _____________dated __________ in the amount of _______________________________________________ $_________________________ accepted for all Bid schedules. . You are hereby notified that your Proposal has been You are required by this Notice and Instructions to Bidders to furnish the required Contractor's Performance Bond, and Certificate of Insurance and execute the formal contract with the Tribe within 10 business days from the date of your receipt of this notice. If you fail to execute said contract and to furnish said bond and insurance within ten business days from the date of delivery of this notice, said Tribe will be entitled to consider your Bid as abandoned, to retain as liquidated damages the cash, certified check, cashiers check or bid bond submitted with the bid proposal, and to award the work covered by your Bid to another qualified contractor or to re-advertise the work or otherwise dispose thereof as the Tribe may see fit. Dated this _______ day of ______________, 2026 Port Gamble S’Klallam Tribe BY: ________________________________________ Title: _______________________________________ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged This _______ day of _______________, 2026 BY: ______________________________________________ TITLE: ___________________________________________ EXHIBIT 7 PORT GAMBLE S’KLALLAM TRIBE CONSTRUCTION CONTRACT This agreement is entered into on the ___ day of ________, 2026, between the Port Gamble S’Klallam Tribe, P.O. Box 498, Kingston, WA 98346, a federally recognized Indian TRIBE ("TRIBE") and ____________ ("Contractor") for the purpose of Contractor providing all labor, equipment and materials for the construction of infrastructure to support the 39-home Raccoon Town Development within the Port Gamble S’Klallam Indian Reservation ("Project"), under the terms and conditions stated below: 1. Term. The Work commenced approximately May 15, 2026 upon a Notice to proceed issued by TRIBE and will be completed on or before July 28, 2027. 2. Compensation. This contract is on a lump sum basis in the not to exceed amount of ________________ to be paid in accordance the payment terms in Paragraph 13 below. The maximum amount allowable for this contract is ___________. No money exceeding this amount shall be paid to Contractor absent a written change order as provided in Paragraph 26 below or a written consent of the Port Gamble S’Klallam Tribal Council. 3. Taxes and Fees: No allowance has been made in contract price for sales tax. TRIBE will furnish Contractor tax exemption documentation. No allowance has been made in contract price for any fees or permits that Contractor may need to obtain to perform this Work, and no state or local permits are necessary for performing this work on the Port Gamble S’Klallam Indian Reservation. 4. TRIBE’s Representative, Project Manager, and Engineer. The TRIBE’s representative, authorized to implement the terms and conditions of this agreement is Joe Sparr, Director of the Planning Department, or his successor. The TRIBE’s Project Manager, also authorized to implement the terms and conditions of this agreement is Rory McLeod. The TRIBE’s Engineer is Pat Fuhrer, MAP, LTD. Notification of any change in the TRIBE’s representatives or the TRIBE’s Engineer shall be given in writing by the TRIBE to the Contractor. 5. Contractor's Representative Contractor’s representative and project manager for this Project is ____________. Notification of any change in the Contractor’s representative or project manager shall be given in writing by the Contractor to the TRIBE. 6. Scope of Work. Contractor shall provide all necessary labor, equipment and materials to perform the construction of infrastructure to support the 39-home Raccoon Town Development as set forth in the Contractor’s Bid Proposal in Exhibit 1, awarded on _____________, 2026 and in accordance with the TRIBE’s bid plans and specifications provided in Exhibit 2. 7. Contractor's Duty to Examine. Contractor represents that it has examined the site of the Work and has compared the site with the Contract specifications, plans, drawings and other materials related to the Project. Contractor understands and is knowledgeable about the facilities and any difficulties attending to the execution of this Contract. No allowance will be made by TRIBE on behalf of Contractor by reason of any error or neglect on Contractor's part regarding its site examination. 8. Building and Construction Standards. For the purposes of this contract, TRIBE does not adopt the laws or codes of any other jurisdiction. However, Contractor represents and warrants that the Work will be performed consistent with good construction industry standards. In the case of a conflict the WSDOT Standard Specifications, current edition will govern. 9. Materials/Approved Equals: All new materials shall be used for this project. Unless an item is indicated as "No substitute", special brands, when named, are intended to describe the standard of quality, performance or use desires. Equal items will be considered by TRIBE, provided that the Contractor has specified the substitute brand and model and provided all descriptive literature, independent test results, product samples, local servicing and part availability, at the time of contract execution. The decision of TRIBE as to what items are equal shall be final and conclusive. If TRIBE selects to use a brand that the Contractor represents as an equal, TRIBE’s acceptance of the item is conditioned on TRIBE’s inspection and testing after receipt. If TRIBE, in its sole judgment, determines the item is not an equal, the items shall be returned at Contractor's expense and Contractor shall install the item originally specified. 10. Performance Bond and Insurance. A 100% performance bond is required for this work. 11. Insurance. Contractor shall not commence work under this Contract until all required insurance has been obtained and approved by TRIBE. Contractor shall maintain all required insurance at all times any work, including guarantee work, is being performed by Contractor. The following insurance is required under this Agreement: a. Workers’ Compensation Insurance. . Contractor shall, during the life of this Contract, maintain and fully comply with all terms and conditions of the laws of the State of Washington pertaining to Workers' Compensation, together with any and all amendments and supplements thereto and any and all regulations promulgated thereunder. For purposes of this contract the TRIBE adopts the Washington State worker compensation laws (Title 51 RCW), but only to the limited extent that entitles a worker to receive benefits from the state for injuries a worker incurs while performing the subject work. TRIBE is not adopting any provisions of the said laws that could be interpreted to impose liability on TRIBE, and the TRIBE is not waiving sovereign immunity in this regard. b. Public Liability and Property Damage Insurance. Contractor shall procure and maintain during the life of this Contract, a policy of comprehensive general liability insurance, with an insurance carrier authorized to do business in the State of Washington. The policy shall protect Contractor and TRIBE from liability imposed by law for damages suffered by any persons arising out of or resulting from acts or omissions in the performance of this Contract: (1) for bodily injury or death resulting from accidents or any act or omission by Contractor in the performance of this Contract, and (2) for injury to or destruction of any property, including TRIBE property, and including loss of use. The insurance policy shall include coverage for claims for damages because of bodily injury or death or property damage arising out of the ownership, maintenance or use of any motor vehicle, including non-owned vehicles. TRIBE shall be designated in the insurance policy as a primary additional named insured and shall be provided thirty (30) calendar days written notice of cancellation, non-renewal, or material change in the coverage provided. The insurance shall be on an "occurrence basis" and shall be on a Comprehensive General Liability form with coverage to include Blanket Contractor, Broad Form Property Damage, Personal Injury, Protective Liability and Employers Liability. Limits shall be at $1,000,000.00 per occurrence, $2,000,000 aggregate. TRIBE's insurance shall be excess to any other collectible insurance. Contractor shall furnish evidence of the amount of any deductible or self-insured retention under the policy. Contractor shall be solely responsible to pay the amount of any deductible or self-insured retention towards the claim under the policy. TRIBE may require Contractor to furnish evidence of its ability to pay the amount of any deductible or self-insurance retention. c. Contractor has the sole obligation to protect and insure itself from loss of its tools and equipment while at the work site. 12. Proof of Insurance. Contractor shall furnish to TRIBE a Certificate of Insurance coverage complying with Paragraph 11 above. An up-to-date certificate of insurance must be on file with TRIBE’s Representative throughout the life of the Contract. TRIBE may, at any time, require the Contractor to furnish and file with TRIBE a certified true copy of any insurance policy together with a letter from the insurance carrier verifying that the premium has been paid for the period indicated. Contractor's failure to obtain or maintain the required insurance shall be grounds for immediate termination of this Contract. Nothing contained in this paragraph shall be construed as limiting the extent of Contractor' liability under this Contract. 13. Payment Terms TRIBE shall pay Contractor on the basis of monthly progress payment requests to the TRIBE’s Project Manager by the tenth (10th) calendar day of each month. Each progress payment request shall state the date, identify this Project and include a brief description of the services performed in the preceding month. TRIBE will pay up to ninety percent (90%) of the actual work completed as identified in the request and approved by the TRIBE’s Representative, with payment to be made within seven (7) calendar days of TRIBE approving the request. As to any part of the request TRIBE’s Representative disapproves, TRIBE will request clarification or additional supporting documentation from Contactor and the parties will make a good faith effort to reconcile their differences. Upon resolution of disputed request amounts, any amounts found due shall be paid within seven (7) calendar days of the reconciliation. Progress payment requests received after the tenth (10th) calendar day of the month may be processed by TRIBE with the following month’s invoice. Payments made by TRIBE do not constitute a waiver of any claims by TRIBE against Contractor concerning or arising out of this Agreement. Contractor’s acceptance of payment for particular services performed under the Agreement constitutes a waiver of all claims by Contractor for that portion of the Agreement. Acceptance by Contractor of the final payment under this Agreement constitutes a waiver of all claims under the Agreement. The making of any progress or final payment does not relieve Contractor from fully complying with the Contract. 14. Final Payment. Final payment of the retained ten percent (10%) of the Contract price will be approved and made immediately after TRIBE issues its letter of final acceptance of the work. Before the final payment is released to Contractor, Contractor must provide to TRIBE: a. A General Release of all claims to TRIBE, using an agreed upon form; b. A General Release of all claims from all material suppliers and from any other person or entity who purports to make a claim against any monies retained by TRIBE; and c. A letter from the State of Washington Department of Labor and Industries verifying that all industrial insurance and medical aid premiums have been paid. 15. Inspection of Work. All work performed pursuant to this contract shall be subject to inspection by TRIBE’s Project Manager and Engineer. The TRIBE Project Manager and Engineer shall have access to Contractor's work where ever it is in progress or being performed and Contractor shall provide reasonable access for inspection at all times. No inspection by TRIBE shall relieve Contractor of its responsibility to perform the work correctly or utilizing competent labor and new materials in strict accordance with the Contract specifications. All materials or work approved and later found to be defective by TRIBE shall be replaced without cost to TRIBE. 16. Inspector's Authority. TRIBE Representative, Project Manager and Engineer shall have the power to reject materials or workmanship that does not fulfill the requirements of the Contract specifications. Where Contractor disputes the rejection, Contractor may appeal to the TRIBE’s Executive Director, whose decision shall be final. 17. Equitable Deduction. If TRIBE deems it expedient not to correct work that fails to meet contract specifications, an equitable deduction from the Contract price shall be made. 18. Testing. Testing shall be performed on the water system and sewer system in accordance with construction codes and standards that are applicable to this type of work if such work is performed off an Indian Reservation in Washington state. 19. Contractor's License. Contractor represents that it is a licensed contractor with the Washington State Department of Labor and Industries, license number __________. 20. Independent Contractor. Contractor is an independent contractor, it being understood that TRIBE is interested solely in the results of this contract and is relying upon Contractor’s own judgment and experience to select the means for its performance of this contract. Contractor and contractor's employees are not and shall not, under any circumstances, be deemed to be an employees of the TRIBE nor entitled to any benefits provided to TRIBE employees. Contractor understands it has no authority whatsoever to negotiate or enter into contracts for or on behalf of TRIBE. 21. Contractor's Employees. Contractor shall provide a competent supervisor to supervise Contractor's employees on the Project. Contractor shall employ only competent, skilled, faithful and orderly persons to perform work under this Contract. 22. Drug Free Workplace. TRIBE maintains Drug Free workplace requirements, policies and procedures applicable to all persons who provide services to the TRIBE. Contractor who contracts with TRIBE must comply with the Port Gamble S’Klallam TRIBE's Drug Free workplace requirements. A Contractor who maintains its own drug testing policies and who can assure TRIBE that it maintains a drug free workplace may be exempt from complying with the Tribal drug testing procedures. Contractor hereby warrants that any and all personnel performing work pursuant to this Contract will be drug and alcohol free and represents that it maintains a drug free workplace. Based on these representations, which the parties acknowledge TRIBE is expressly relying upon, TRIBE hereby waives the requirement that Contractor comply with TRIBE's drug testing policies and procedures. TRIBE reserves the right to immediately test at the Port Gamble S’Klallam TRIBE Wellness Clinic, at Contractor's cost, any of Contractor's employees or agent who, while working on the Port Gamble S’Klallam Indian Reservation, appears to be affected by or under the influence of drugs and/or alcohol. A breach of any portion of this paragraph is hereby deemed a material breach and is cause for immediate termination of this Contract. 23. Safety. Contractor shall, at all times, exercise adequate precautions for the safety of all persons, including its employees, in the performance of this Contract and shall comply with applicable safety laws and regulations. Contractor is solely responsible to furnish safety equipment to its workers. TRIBE's Representative, Project Manager, or Engineer may, but does not have any duty to, advise Contractor of a safety violation. Contractor is solely responsible to make necessary corrections of all safety violations. Failure to correct a safety violation is a breach of this Contract and is grounds for TRIBE to order Contractor to cease work until the unsafe condition is corrected. Time and wages lost due to such safety shutdowns shall not relieve Contractor of any provisions of this Contract and shall be at Contractor's sole cost and expense. 24. Cleaning Up of Work Site. Contactor shall at all times, at its sole expense, keep the work site from accumulation of waste materials and debris caused by the work. At the completion of its daily work, Contractor shall remove all of its waste materials from and about the site and all of its equipment and surplus materials. In the case of a dispute, TRIBE may remove the debris and charge such costs to Contractor. TRIBE will not pay for any material that is deposited at a place other than the storage area approved by TRIBE. 25. Changes in Plans or Quantities. TRIBE, without invalidating this Contract, may by written direction order extra work or make reasonable changes by altering, adding to or deducting from the materials, work or labor and the Contract sum shall be adjusted accordingly. All added work and labor shall be executed under the conditions of the original Contract except that any claim for extension of time caused thereby shall only be adjusted at the time of ordering such change. When work under the Contract is deducted, reduced or eliminated, no payment shall be made to Contractor for anticipated profits on such work. 26. Extra Work. Any claim or order for extra materials, work and labor made necessary by TRIBE's written request for alterations or additions to the Contract or by reason that no price is provided in the Contract, shall not be valid unless the parties have agreed on a price and such price is documented in a written change order executed prior to Contractor commencing such extra work. If the total amount of change orders will exceed ten percent of the total contract price, then Tribal Council approval must be obtained before such additional amount exceeding ten percent becomes an obligation of the TRIBE. 27. Extension of Time to Perform. With the written approval of the TRIBE Representative, Contractor may be granted additional time to complete the work required under this Contract if, in the TRIBE Representative's opinion, the additional time requested arises from an unavoidable delay. Unavoidable delay in the performance of work shall mean and include only causes beyond the control of Contractor and which Contractor could not have avoided by the exercise of due care, prudence, foresight and diligence. Delays caused by a person other than Contractor will be considered an unavoidable delay insofar as the delay necessarily interferes with the Contractor's completion of the work and such delays are not part of this Contract. 28. Unavoidable Delays. Contractor shall be provided an extension of time for any work that is delayed through no cause of Contractor but due to poor weather conditions to properly perform the work. Contractor shall notify TRIBE’s Representative in writing within 10 calendar days of any such delay and shall spell out the weather conditions that precluded performing the work. 29. Failure to Timely Complete Work. Should the completion of work required under the Contract be delayed beyond the expiration of the period set in the Contract for completion or beyond any time extension which had been allowed during the course of the Contract, in addition to its other remedies, there shall be deducted from the total Contract price of work, for each calendar day by which such completion was delayed, the sum of $250 per day. Such sum shall not be considered a penalty but the parties understand and acknowledge that such sum is deemed to be liquidated damages which TRIBE will suffer by reason of the Contractor's failure to timely perform the Contract. TRIBE may retain any money due or which becomes due to Contractor to cover its liquidated damages. 30. Assumption of Risk. Contractor has inspected the site of the Work and on its behalf and on behalf of its employees assumes all risks associated with working under these conditions and shall hold TRIBE harmless from all risk of loss, damage, liability, claim and lawsuits resulting from working under these site conditions. 31. Compliance with Laws. Contractor shall comply with all applicable laws and, before commencing work, shall obtain all required licenses and permits necessary to perform this agreement. Contractor is responsible to file all required tax returns and notices. When working on the Port Gamble S’Klallam Indian Reservation, Contractor and it’s Sub-Contractors shall be subject to and comply with all Tribal laws and the jurisdiction of the Tribal Court. Contractor shall indemnify and hold TRIBE harmless from any and all costs, liabilities, or obligations by reason of the failure of Contractor to comply with any applicable law. 32. Equal Employment/Indian Preference. Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, ethnicity, religion, age, national origin, gender or disability, with regard to employment, promotion, demotion, transfer, recruitment, advertising, lay off, termination, rates of pay or other forms of compensation or selection for training. Non-discrimination requirements notwithstanding, in accordance with Federal Indian preference laws, Contractor shall, in good faith, provide preference and opportunities for training and employment to Native Americans, including Port Gamble S’Klallam Tribal members. 33. Assignment/Subcontract of Contract. Contractor shall not assign or subcontract any work under this contract. 34. Indemnity. Contractor acknowledges that it is solely responsible for the safety of all persons and property in the performance of this Contract. Contractor assumes the risk of all damages, loss, costs, penalties and expenses and agrees to defend, indemnify and hold harmless TRIBE and its officials, employees, retained engineers and architects, against any and all loss, damage, liability or costs which may be sustained by TRIBE and/or any of the aforementioned parties, on a account of any claim, legal action or alternative dispute resolution for the injury or death of any person or damage to property arising out of and in connection with or incident to Contractor's performance of the Contract 35. Place of Contract/Consensual Contract. Contractor acknowledges and understands that the TRIBE is a federally recognized, sovereign Indian TRIBE. Contractor represents and states here that it voluntarily and knowingly enters into this consensual relationship with TRIBE. The negotiation and execution of this agreement is deemed by the parties to have occurred within the Port Gamble S’Klallam Indian Reservation. All work identified in this Agreement will be performed on the Port Gamble S’Klallam Indian Reservation. 36. Dispute Resolution/Choice of Law. a. Purpose of Dispute Resolution Provisions. The parties intend to resolve their disputes through direct discussion and, if such is not possible, then through the dispute resolution framework established below. All stated time frames for resolving disputes may be lengthened by mutual consent. b. Direct Discussions. To initiate dispute resolution under this Section, the complaining party will first submit a written complaint letter to the representative of the party (as identified in sections 4 and 4 of this Agreement) against whom a dispute is lodged, stating therein the nature of the dispute, the requested resolution, and the factual basis supporting the requested resolution. The responding party will, within ten (10) working days of receiving the complaint letter, provide a written response, stating its agreement or disagreement with the nature of the dispute and the requested resolution. If the responding party disagrees with the complaint or the proposed resolution, the written response must provide at least one alternate resolution and the factual basis supporting such resolution(s). Thereafter, the lead representatives of each party will, for fifteen (15) working days, make a good faith attempt to resolve the dispute through one or more direct discussions. If no mutually acceptable resolution is reached, the lead representatives will prepare a joint statement within 5 business days, which includes a chronology, a synopsis of the discussions which took place and the last stated positions of each party. c. Mediation. If direct discussions between the parties fail to resolve the dispute, any participating party may, within five business days of completing the direct discussion process, make a written request for mediation to be conducted in Seattle, Washington or at another place as the parties may agree in writing. If all participating parties agree to engage in mediation, the parties shall seek a mutually acceptable mediator. If the parties cannot reach agreement on the selection of the mediator within fifteen (15) working days of the date the written mediation request letter was received by the other party or parties, the mediation will be administered by J.A.M.S., Seattle, Washington Office using a J.A.M.S. mediator and protocol. Enforcement of a mediation agreement reached shall be the same as enforcement of an arbitration decision as set forth herein. If a party objects to proceeding with mediation, then mediation may be bypassed, and the dispute resolved pursuant to arbitration as set forth herein. d. Binding Arbitration in the Event of Unsuccessful Direct Discussions/Mediation. Should direct discussions prove unsuccessful in resolving the dispute, and either mediation is not requested, is bypassed, or is also unsuccessful, either the complaining or responding party may make a written demand for arbitration before a single arbitrator in Seattle, Washington or at another place as the parties may agree in writing. If the parties cannot reach agreement on the selection of the single arbitrator within fifteen (15) working days of the date the written demand letter was received, the arbitration will be administered by J.A.M.S., Seattle, Washington Office using a J.A.M.S. arbitrator. Any arbitrator selected must have a fundamental knowledge of and at least five (5) years’ legal experience contract law and a working knowledge of Indian law. The arbitrator shall have the power to establish a schedule for the hearing which hearing shall be limited to no more than 2 consecutive business days to be equally divided between the parties, including preliminary discovery to the extent he or she deems necessary and proper under the circumstances and there shall not be more than 2 depositions allowed per party, to make reasonable rules and issue orders necessary for a fair and efficient conduct of the hearing, and to conduct the hearing and administer oaths and affirmations. The arbitrator’s decision shall be accompanied by an explanation as to the basis for the award. Each party will pay for its own attorneys’ fees. The substantially prevailing party shall be entitled to reimbursement from the other party of all moneys it paid to the arbitrator or J.A.M.S. related to the arbitration proceeding. All arbitration awards shall be binding upon the parties and non-appealable. e. Enforcement of Arbitration Award. Upon the issuance of an arbitration award or mediation agreement, the prevailing party may seek the entry of judgment upon the award in any court of competent jurisdiction which for purposes of a party’s enforcement against TRIBE means the Tribal Court, and for TRIBE’s enforcement against Contractor means federal court based upon diversity jurisdiction or other jurisdiction. If federal court jurisdiction is not available, Contractor agrees to submit to Kitsap County Superior Court in Washington for enforcement of the award against Contractor. The court of competent jurisdiction shall enforce the decision of the arbitrator and shall not modify, correct, alter or vacate said decision in any way unless the court finds after notice and hearing upon application of a party to the arbitration, one or more of the following: (1) the arbitration decision was procured by corruption, fraud or undue means, (2) there was evident corruption in the arbitrator, or (3) the arbitrator was guilty of the specific misconduct of refusing to hear evidence pertinent and material to the controversy which prejudiced the rights of a party. No court shall have jurisdiction to interfere in any way with any pending arbitration. No party may seek from such court any provisional remedy pending appointment of the arbitrator or the arbitrator’s rendition of the award. If the court vacates the arbitration decision, then the court shall direct a rehearing either before the same arbitrator or before a new arbitrator to be chosen in the manner provided in this section. f. Limited Waiver of Sovereign Immunity by the Port Gamble S’Klallam TRIBE. Except for the limited waiver of sovereign immunity provided in this Dispute Resolution Addendum, nothing in this Agreement shall be construed as a general or specific waiver of the TRIBE’s sovereign immunity, which immunities are expressly asserted. The Port Gamble S’Klallam TRIBE hereby grants to Contractor a limited waiver of sovereign immunity solely for the purpose of dispute resolution as provided in this Addendum and such waiver shall not be extended to any other person, agency or entity ("Limited Waiver"). This Limited Waiver applies only to contractual claims arising out of or under this agreement and does not apply to any non-contractual claims or to claims under any other agreement between the TRIBE and Contractor. Furthermore, nothing contained in this Limited Waiver shall be construed to create a contractual relationship with or a cause of action in favor of any third party against the TRIBE. This Limited Waiver applies only to the enforcement of a mediation agreement or an arbitration award against the TRIBE, provided such mediation agreement or arbitration award has been secured in accordance with the provisions of this Agreement. Any monetary award by any arbitrator or any mediation agreement shall be limited to not exceed the total monetary amount under this Agreement. This limited waiver of sovereign immunity is not, and shall not be deemed to be, a consent by the TRIBE to the levy of any judgment, lien or attachment on any appropriations received from any of the TRIBE’s governmental agencies and/or enterprises. g. No Requirement of Exhaustion of Tribal Court Remedies. The parties acknowledge that under the limited waiver of sovereign immunity provided for herein, the assumption of jurisdiction by any arbitrator or court of competent jurisdiction shall not be delayed or curtailed by any doctrine requiring exhaustion of Tribal court remedies. h. No Consent to State Court For Any Purpose. The TRIBE expressly states and the Contractor understands and acknowledges that the TRIBE does not consent to the jurisdiction of the Washington or any other state court for any purpose except if necessary to enforce an award against Contractor as set forth above. 37. Termination of Contract for Cause. If the Contractor files for bankruptcy, a general assignment for the benefit of creditors or a receiver appointed on account of Contractor's insolvency, or if the work is not being properly and diligently performed, TRIBE may serve written notice upon the Contractor and the Surety which executed the performance bond, of TRIBE's intent to terminate the Contract. Such notice will contain the general reasons for termination of the Contract and a demand that the Contractor cure of any alleged breach of contract to the satisfaction of TRIBE within ten (10) calendar days of receiving the Notice of Termination for Cause. In the event the Contractor is terminated for cause, any moneys then due but unpaid to the Contractor shall be set aside until the Project is complete. If the cost to TRIBE to complete the contract is greater than the sums left to be paid the Contractor, TRIBE shall set off such sums against the costs to complete the Contact and Contractor shall pay TRIBE for the additional costs TRIBE incurred to complete the Contact. If the cost to complete the contract is less than the sum then owing to the Contractor, TRIBE shall release the unpaid sum to the Contractor upon closing of the Contract. 38. Termination for Convenience. Upon providing seven (7) calendar days' written notice, TRIBE may terminate this contract for its convenience. If the contract is terminated by TRIBE, Contractor will be entitled to receive payment, at a pro rata percent of the amount stated in paragraph 2 above, for all work completed or partially completed to the satisfaction of TRIBE prior to the termination date. Contractor shall not be entitled to any other compensation including anticipated profit. 39. Records. For three years after final payment, Contractor shall maintain for inspection by TRIBE all books, records, documents, and other evidence of Contractor's costs and expenses under this agreement, to the extent and in such detail as will properly reflect all costs which Contactor claimed as due under this agreement. 40. Notices. All notices required to be given in writing in this Contract shall be deemed to have been given on the date of delivery if: (1) sent by electronic mail that is confirmed by a written hard copy of the notice which is sent by first class, registered or certified mail, or (2) if personally delivered to the person, and on the third day after mailing if mailed to the person by first class mail, registered or certified, postage prepaid and addressed to TRIBE or to the address for each party stated above or another address designated in a notice given in the same manner. 41. TRIBE Right to Use Facilities Prior to Final Acceptance. TRIBE reserves the right to use the facilities prior to final acceptance under this Contract and such use shall not be construed as a waiver or relinquishment of any rights that TRIBE has under this Contract. 42. Guarantee. Contractor shall remedy any defects in the work and pay for any damages to other work resulting from the defects that appear within one year of the date of final acceptance of the work. Neither TRIBE's final payment nor partial or entire occupancy of the premises by TRIBE shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. TRIBE will exercise good faith efforts to give notice of observed defects with reasonable promptness. If a defect has been discovered before payment is required under the terms of this Contract, TRIBE has the right and may withhold payment until the defect is cured. In the case of a failure of any part of the work, materials, labor and equipment furnished by the Contractor, the Contractor shall make all corrections and repairs as may be necessary to fully meet all of the specification and requirements of the Contract. Such corrections and repairs shall be made at Contractor's sole cost and expense without delay and with the least inconvenience to TRIBE. Rejected material and equipment shall be removed from TRIBE's property by and at the expense of Contractor. It is understood and acknowledged that the guarantee period set forth in this paragraph does not bar TRIBE from pursuing negligence or breach of contract claim after the guarantee period expires, however, Contractor and TRIBE hereby agree to a three year time limit on such claims that begin on the date TRIBE finally accepts Contractor's work. The Contract guarantee period shall be suspended from the time a significant defect is first documented by TRIBE until the work is corrected or equipment is repaired or replaced by Contractor and accepted by TRIBE. In addition, in the event that less than ninety (90) calendar days remain on the guarantee after any such recalculation, the guarantee period shall be extended to allow for the time needed to complete the work or replace or replace the equipment and have such work or equipment accepted by TRIBE. 43. Public Relations. Contractor agrees that its personnel and equipment shall at all times present a neat appearance. All work shall be done; all contacts with the public and all complaints shall be handled with regard for the TRIBE's public relations. Contractor agrees to notify the TRIBE of any complaints of any nature received from property owners, the public in general or public authorities and that all complaints shall receive immediate attention. Any such complaints shall be reported and approved by the TRIBE before any action is taken by the Contractor in connection with such complaints 44. No Collusion, Improper Payments or Gifts. All state and federal laws relating to prohibiting kick backs and/or collusion related to contracting are adopted herein by this reference. By signing this agreement Contractor represents, warrants and certifies that in submitting its proposal, bidding, negotiating, and/or executing or implementing this Contract, that Contractor has not participated and agrees not to participate in any agreement, arrangement or collusion with any other person, entity, bidder, vendor or any subcontractor pertaining to receiving or giving certain benefits to Contractor or to any of these aforesaid parties, or made any promises of future benefit to anyone, or made any payment or gift to any TRIBAL agent, representative, employee or official. In addition, Contractor shall not make any payments or gifts to any TRIBAL official, employee or any Tribal member or Tribal agent as a result of or related to Contractor performing work pursuant to this Contact. Violation of this paragraph shall be grounds for immediate termination of this Contract for cause and barring the Contractor from future TRIBE contracts. In addition Contractor is contractually obligated to reimburse TRIBE for any extra cost or expense TRIBE or TRIBE’s members incur as a result of violation of this provision or violation of any state or federal law that prohibits these types of activities. 45. No Waiver. Nothing whatsoever in this agreement constitutes or shall be construed as a waiver of the Port Gamble S’Klallam TRIBE's sovereign immunity. 46. Severability. If any provision of this Contract or the application of this Contract to any person or circumstance is determined to be invalid or unenforceable, the remainder of the Contract, or its application to other persons or circumstances, shall not be affected thereby and all remaining portions of the Contract shall be valid and enforceable. 47. Entire Agreement. This agreement represents the entire and complete agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral, and may be amended or modified only in writing signed by both parties. This agreement shall not be valid unless each and every TRIBE signature designated below is affixed. Signed and executed this ____ day of ____ 2026, by: CONTRACTOR PORT GAMBLE S’KLALLAM TRIBE ____________________________ ___________________________ By: ___________________ __________________________________ Amber Caldera, Tribal Council Chairwoman WA Contractors License No.: _________________________ Attested to by: Fed. Tax ID No: ____________ ____________________________ , Secretary EXHIBIT 2 PLANS AND SPECIFICATIONS 789:;;?@AEF@;=G;A=C;E;A;I;@;G;J;D;B;7;K;F;9 01234254 78239     !"#$ %"&'( !")%* +,-./+0,010./2+103/45506 Copy and Paste into Browser: https://wsdot.wa.gov/publications/fulltext/Standards/Standard-Plan-Manual-September2024.pdf 0016273849298542193  !"#$#% &'&( COPY AND PASTE INTO BROWSER: https://www.wsdot.wa.gov/publications/manuals/fulltext/M41-10/SS.pdf Raccoon Town Timber Harvest Sharing Specifications INTRODUCTION This Timber harvest specification is intended to furnish you with the principal requirements and features of the Raccoon Town project’s Timber Harvest and sharing for firewood processing by the Tribe. TIMBER QUALITY The timber harvest area is approximately 6.6 acres in total and consists of conifers and hardwoods. The Contractor shall inspect the site and make their own determination of the timber quality. SHARING SPECIFICATIONS All timber shall be removed from the Raccoon Town project clearing limits as shown on the project plans, unless otherwise approved by the Project Manager. The Contractor shall provide the Port Gamble S’Klallam Tribe with 25% of the volume of timber harvested by the Contractor for firewood processing purposes by others except for cedar, and will be delivered by the Contractor to a designated site on the Port Gamble S’Klallam Indian Reservation. LOGGING CONSTRUCTION The contractor shall be required to attend a pre-logging conference to review cutting line boundaries, buffers/leave trees, and firewood destination. The exterior boundaries of the timber harvest/clearing limit area will be flagged with fluorescent flagging by the Raccoon Town Land Surveyor. All cut trees will be whole-tree skidded to designated landings with tracked or wheeled skidding equipment equipped with a grapple designed for handling logs. The whole-tree skidding requirement should facilitate slash disposal and reduce the number of acres requiring mechanical site preparation. Contractor shall pull back all trees and tops that fall outside the logging unit boundary back into the cutting unit. 1 Build America, Buy America Act Compliance Specification 1. Purpose This specification ensures that all iron, steel, manufactured products, and construction materials used in the project comply with the Build America, Buy America Act (Pub. L. 117-58, §§ 70901–70927). 2. Scope Applies to all contractors, subcontractors, and suppliers providing materials for federally funded infrastructure projects. 3. Requirements Domestic Content All iron and steel must be produced in the United States (melting, rolling, and coating processes included). All manufactured products must be produced in the United States, with at least 55% domestic content by cost. All construction materials (e.g., lumber, glass, drywall, fiber optic cable) must be manufactured in the United States. Certification Contractor shall provide a Certificate of Compliance for each material category. Certificates must include: Manufacturer name and location Description of product Statement of compliance with BABA requirements Documentation Maintain records for audit purposes for at least 3 years after project completion. Submit documentation to the contracting officer prior to material installation. 4. Exceptions and Waivers Waivers may be granted only by the Federal awarding agency under: Public Interest Waiver Non-availability Waiver Unreasonable Cost Waiver Contractor must submit waiver requests with supporting evidence. 5. Enforcement Non-compliance may result in: Withholding of payments Termination for default Reporting to federal authorities & A S S O C I A T E S, I N C. GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING CONSTRUCTION TESTING & INSPECTION GEOTECHNICAL ENGINEERING INVESTIGATION NORTH KLOOMACHIN SUBDIVISION PORT GAMBLE S’KLALLAM TRIBE HOOD CANAL DRIVE NE KINGSTON, WASHINGTON PROJECT NO. 102-23017 OCTOBER 2, 2023 Prepared for: MAP LTD. P.O. BOX 720 SILVERDALE, WASHINGTON 98383 Prepared by: KRAZAN & ASSOCIATES, INC. GEOTECHNICAL ENGINEERING DIVISION 1230 FINN HILL RD. NW, SUITE A POULSBO, WASHINGTON 98370 (360) 598-2126 Offices Serving the Western United States 1230 Finn Hill Road NW, Suite A • Poulsbo, Washington 98370 • Phone: (360) 598-2126 • Fax: (360) 598-2127 & A S S O C I A T E S, I N C. GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING CONSTRUCTION TESTING & INSPECTION October 2, 2023 KA Project No. 102-23017 MAP Ltd. P.O. Box 720 Silverdale, Washington 98383 Attn: Mr. Pat Fuhrer Email: patf@map-limited.com Tel: 360-692-5525 Reference: Geotechnical Engineering Investigation North Kloomachin Subdivision Port Gamble S’Klallam Tribe Hood Canal Drive NE Kingston, Washington Dear Mr. Fuhrer In accordance with your request, we have completed a Geotechnical Engineering Investigation for the referenced site. The results of our investigation are presented in the attached report. If you have any questions, or if we can be of further assistance, please do not hesitate to contact our office. Respectfully submitted, KRAZAN & ASSOCIATES, INC. Vijay Chaudhary, P.E. Project Engineer AG:EA:VC Offices Serving the Western United States 1230 Finn Hill Road NW, Suite A • Poulsbo, Washington 98370 • Phone: (360) 598-2126 • Fax: (360) 598-2127 & A S S O C I A T E S, I N C. GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING CONSTRUCTION TESTING & INSPECTION TABLE OF CONTENTS INTRODUCTION ..................................................................................................................................................... 1 PURPOSE AND SCOPE .......................................................................................................................................... 1 PROPOSED DEVELOPMENT ............................................................................................................................... 3 SITE DESCRIPTION AND SURFACE CONDITIONS ....................................................................................... 3 GEOLOGIC SETTING ............................................................................................................................................ 3 FIELD INVESTIGATION ....................................................................................................................................... 4 SOIL PROFILE AND SUBSURFACE CONDITIONS ......................................................................................... 4 GEOLOGIC HAZARDS .......................................................................................................................................... 5 Erosion Concern/Hazard ......................................................................................................................................... 5 Landslide Hazard..................................................................................................................................................... 6 Seismic Hazard ........................................................................................................................................................ 6 CONCLUSIONS AND RECOMMENDATIONS .................................................................................................. 7 General .................................................................................................................................................................... 7 Site Preparation ....................................................................................................................................................... 8 Structural Fill......................................................................................................................................................... 10 Temporary Excavations ......................................................................................................................................... 11 Slope Stability Analysis ........................................................................................................................................ 11 Shallow Foundations ............................................................................................................................................. 13 Floor Slabs and Exterior Flatwork ........................................................................................................................ 14 Lateral Earth Pressures and Retaining Walls......................................................................................................... 15 Erosion and Sediment Control............................................................................................................................... 16 Groundwater Influence on Structures and Earthwork Construction ...................................................................... 17 Drainage and Landscape ....................................................................................................................................... 17 Utility Trench Backfill .......................................................................................................................................... 18 Pavement Design ................................................................................................................................................... 18 Testing and Inspection........................................................................................................................................... 19 LIMITATIONS ..................................................................................................................................... 20 VICINITY MAP ............................................................................................................................Figure 1 SITE PLAN ....................................................................................................................................Figure 2 SLOPE STABILITY PLOTS ............................................................................................. Figures 3 to 6 FIELD INVESTIGATION AND LABORATORY TESTING......................................... Appendix A EARTHWORK SPECIFICATIONS .................................................................................. Appendix B PAVEMENT SPECIFICATIONS ....................................................................................... Appendix C Offices Serving the Western United States 1230 Finn Hill Road NW, Suite A • Poulsbo, Washington 98370 • Phone: (360) 598-2126 • Fax: (360) 598-2127 & A S S O C I A T E S, I N C. GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING CONSTRUCTION TESTING & INSPECTION October 2, 2023 KA Project No. 102-23017 GEOTECHNICAL ENGINEERING INVESTIGATION NORTH KLOOMACHIN SUBDIVISION PORT GAMBLE S’KLALLAM TRIBE HOOD CANAL DRIVE NE KINGSTON, WASHINGTON INTRODUCTION. This report presents the results of our geotechnical engineering investigation for the proposed North Kloomachin Subdivision project located on the Port Gamble S’Klallam Reservation on Hood Canal Drive NE in Kingston, Washington, as shown on the Vicinity Map in Figure 1. Discussions regarding site conditions and geological hazards are presented in this report, together with conclusions and recommendations pertaining to site preparation, excavations, structural fill, utility trench backfill, foundations, pavement design, stormwater infiltration, drainage, and erosion control. The approximate locations of the explorations are presented following the text of this report on the Site Plan in Figure 2. A description of the field investigation and laboratory testing as well as the exploration logs are presented in Appendix A. Appendix B contains a guide to aid in the development of earthwork specifications. Pavement design guidelines are presented in Appendix C. The recommendations in the main text of the report have precedence over the more general specifications in the appendices. For our use in preparing this report, we were provided and have reviewed the following documents: • A topographic map with survey points, prepared by AES Consultants Inc., dated August 7, 2023 • North Kloomachin Feasibility, pages 1 through 3, prepared by MAP Ltd., dated April 21, 2022. • Initial Assessment Report for North Kloomachin Subdivision, prepared by Port Gamble S’Klallam Tribe Natural Resources Department, dated November 22, 2022. PURPOSE AND SCOPE. This investigation was conducted to evaluate the subsurface soil and groundwater conditions at the subject property, to develop geotechnical engineering recommendations for use in the design of specific construction elements, and to provide criteria for site preparation and earthwork construction. Offices Serving the Western United States 1230 Finn Hill Road NW, Suite A • Poulsbo, Washington 98370 • Phone: (360) 598-2126 • Fax: (360) 598-2127 KA Project No. 102-23017 Proposed North Kloomachin Subdivision October 2, 2023 Page No. 2 Our scope of services was performed in general accordance with our proposal for this project, dated May 1, 2023 (Proposal Number G23024WAP) and included the following: • Exploration of the subsurface soil and groundwater conditions by conducting fourteen (14) geotechnical test pits to depths ranging from 4.5 feet to 10.0 feet below existing ground surface (bgs) using a subcontracted excavator and operator; • Exploration of the subsurface soil and groundwater conditions by conducting two (2) geotechnical borings, both to depths of 91.5 feet bgs using a subcontracted track mounted drill rig and operator; • Prepare a site plan showing the locations of the test pits and soil borings; • Prepare comprehensive exploration logs including soil stratification and classification, and groundwater levels where applicable; • Provide geotechnical engineering evaluation and opinions regarding slope stability and structure setback distance from the western steep slopes; • Provide shallow foundation recommendations for the proposed structures including allowable bearing pressure, anticipated settlements (both total and differential), coefficient of horizontal friction, and frost penetration depth; • Provide recommendations for seismic design considerations including site coefficient and ground acceleration based on the 2018 IBC. • Provide soil parameters for the design of slab-on-grade, as well as subgrade preparation, slab drainage, capillary break, and/or moisture barriers ; • Provide recommendations for retaining wall design including lateral earth pressures (active and passive); • Discuss construction and excavation considerations, topsoil/unsuitable soil stripping depth, identification of potentially problematic soils or groundwater conditions, and depth of overexcavation if required; • Provide recommendations for structural fill materials, placement, and compaction; • Provide recommendations regarding the suitability of on-site soils as structural fill; • Provide recommendations for temporary excavations; • Provide recommendations for site drainage and erosion control; • Provide recommendations for the pavement design. Krazan & Associates, Inc. Offices Serving the Western United States KA Project No. 102-23017 Proposed North Kloomachin Subdivision October 2, 2023 Page No. 3 Environmental services, such as chemical analysis of soil and groundwater for possible environmental contaminants, are not included in our scope of services for this project PROPOSED DEVELOPMENT Based on our communications with the project civil engineer (MAP Ltd.) and our review of the available plan sheets, we understand that the site development will include design and construction of approximately 50 single-family residential lots. We understand that development will also consist of design and construction of associated roads, utilities, and landscape areas. We also understand that onsite stormwater management is being considered to manage the runoff from the proposed impervious areas. SITE DESCRIPTION AND SURFACE CONDITIONS The project site is located on the northern-most end of the Port Gamble S’Klallam Reservation (APN: 052702-1-001-2005) and covers an area of approximately 40 acres. The site can be accessed from Hood Canal Drive NE. The site is bounded by Little Boston Road to the east and by Hood Canal Drive Northeast to the west, which also crosses the south-central portion of the site as shown on Figures 1 & 2 attached to this report. The site can be access via gravel service road on the north side of Hood Canal Drive Northeast. The planned development is on upland areas overlooking a west descending slope down to the entrance to Hood Canal, and the southeast descending slope of a ravine draining southwest to Hood Canal. The highest elevation of the site is in the north-central portion at 184 feet. The lowest elevation of the site is in the southeast portion at 90 feet. The western-portion of the site generally slopes to the west at an inclination of approximately 7.5 degrees (13 percent), from an elevation of approximately 170 to 95 feet. The easternportion of the site generally slopes to the southeast at an inclination of approximately 5 degrees (9 percent), from an elevation of approximately 170 to 90 feet. Moderate to steep south-southwest descending slopes located in the west-central portion of the site as well as a southeast descending slope in the east-central portion of the site have inclinations of up to about 24 degrees (45 percent). These slopes are addressed in the Geologic Hazards section of this report. Generally, the site is moderately to heavily vegetated with mature trees and underbrush GEOLOGIC SETTING The site lies within the central Puget Lowland. The lowland is part of a regional north-south trending trough that extends from southwestern British Columbia to near Eugene, Oregon. North of Olympia, Washington, this lowland is glacially carved, with a depositional and erosional history including at least four separate glacial advances/retreats. The Puget Lowland is bounded to the west by the Olympic Mountains and to the east by the Cascade Range. The lowland is filled with glacial and nonglacial sediments. The Geologic Map Units of Kitsap County Washington, (DNR, April 2017), indicates that the site vicinity is underlain between Pleistocene continental glacial till and undifferentiated outwash. Glacial till is a compact deposit of clay, silt, sand, gravel, cobbles, and boulders deposited at the base of the continental Krazan & Associates, Inc. Offices Serving the Western United States KA Project No. 102-23017 Proposed North Kloomachin Subdivision October 2, 2023 Page No. 4 glacier. Undifferentiated outwash consists of proglacial stratified sand, gravel, and cobbles with minor silt and clays deposited in meltwater and stream environments. FIELD INVESTIGATION Soil Borings: Two (2) exploratory soil borings were completed to evaluate the subsurface soil and groundwater conditions at the site. The soil borings were completed on August 7th and August 8th, 2023 with a subcontracted drill rig. Both of the soil borings were advanced to a depth of 91.5 feet bgs. Test Pits: Fourteen (14) exploratory test pits were completed in order to evaluate the subsurface soil and groundwater conditions at the site. The test pits were completed on August 7th and August 8th, 2023 with a subcontracted excavator and operator. The test pits were excavated to depths ranging from approximately 4.5 feet to 10.0 feet bgs. A geologist from Krazan and Associates was present during the exploration, examined the soil and geologic conditions encountered, obtained samples of the different soil types, and maintained logs of the explorations. Representative samples of the subsurface soils encountered in the geotechnical explorations were collected and sealed in plastic bags. The soils encountered in the exploration were visually classified in general accordance with the Unified Soil Classification System (USCS). These samples were transported to our laboratory for further examination and testing. The approximate locations of the explorations are shown on the Site Plan in Figure 2. SOIL PROFILE AND SUBSURFACE CONDITIONS This section of the report is intended to provide a general description of the subsurface conditions. Detailed descriptions of the soils exposed in each of the explorations are presented in the exploration logs in Appendix A. Organic Topsoil: Our borings and test pits exposed a surficial layer of about 0.2 to 0.5 feet of organic topsoil. Native Glacial Soils: Underlaying the organic topsoil, our explorations of the site generally encountered/exposed unstratified, moist, medium dense to very dense, light brown to gray silty sand with gravel and cobbles, extending to the explored depths ranging from 4.5 to 91.5 feet bgs. Test pits TP-7 and TP-9 exposed stratified layers of moist, medium dense and very stiff to hard, gray silt, sand, and gravel. We interpreted these soils to be native glacial deposits. Groundwater Observations: The soil borings and test pits were checked for the presence of groundwater during drilling operations. Groundwater seepage was not observed. However, it is our opinion that perched groundwater could occur at shallow depths on this property, especially during and after prolonged periods of wet weather. Krazan & Associates, Inc. Offices Serving the Western United States KA Project No. 102-23017 Proposed North Kloomachin Subdivision October 2, 2023 Page No. 5 Perched water occurs when surface water infiltrates through less dense, more permeable soils and accumulates on top of a relatively low permeability soil layer. Perched water does not represent a regional groundwater "table" within the upper soil horizons. Perched water tends to vary spatially and is dependent upon the amount of rainfall. We would expect the amount of perched water to decrease during drier times of the year and increase during wetter periods. Note: Undocumented fill, loose/soft and organic soils were not encountered/exposed in our explorations , but may be present in the unexplored areas of the site. GEOLOGIC HAZARDS Erosion Concern/Hazard The Natural Resources Conservation Services (NRCS) map for the Kitsap County Area, Washington (WA635), classifies the site area as following: ▪ Poulsbo gravelly sandy loam (0 to 6 percent slopes), Hydrologic soil group B/D; ▪ Poulsbo-Ragnar complex (0 to 6% slopes), Hydrologic soil group B/D; ▪ Poulsbo-Ragnar complex (6 to 15% slopes), Hydrologic soil group B/D; Hydrologic group B/D soils have variable erosion dependent on local groundwater conditions; however, disturbed soil on steep slopes may erode rapidly if water is allowed to concentrate on slopes. We have reviewed the Kitsap County Critical Areas map, in which the western slopes as well as slopes south adjacent to Hood Canal Drive Northeast in the west-central portion of the site are mapped as moderate erosion hazards. These slopes are mapped as moderate erosion hazard by Kitsap County because they are steeper than 15 percent with “erodible soils” as classified by the NRCS. During our site visit, we did not see any evidence of significant erosion or accumulation of surface water. Our exploration generally exposed/encountered medium dense to very dense and very stiff to hard native glacial soils. Based on our exploration, it is our opinion that the proposed development should not increase the erosion hazard, provided that our recommendations are followed for the design and construction. It has been our experience that soil erosion due to wind can be minimized by limiting the amount of stripped soil areas exposed during construction activities, frequently wetting the surface soils during construction, and with proper landscaping of the site following completion of construction. Typically, erosion of exposed soils will be most noticeable during periods of rainfall. The potential for erosion may be mitigated by the use of temporary erosion control measures, such as silt fences, hay bales, straw wattles, mulching, control ditches or diversion trenching, and contour furrowing. The walls of excavations should be covered with plastic sheeting, or other erosion control surfacing during periods of rainfall. Erosion control measures should be in place before the onset of wet weather. To minimize erosion concerns, the Erosion and Sediment Control section of this report should be followed. Stormwater runoff should not be allowed to flow over or concentrate on the moderate to steep slopes. Krazan & Associates, Inc. Offices Serving the Western United States KA Project No. 102-23017 Proposed North Kloomachin Subdivision October 2, 2023 Page No. 6 Landslide Hazard We have reviewed the Kitsap County Critical Areas map, in which the south-southwest descending slopes in the west-central portion of the site as well as a southeast descending slope in the east-central portion of the site have been mapped as moderate landslide hazard areas. A visual surficial reconnaissance was performed during our site visits on August 7 and 8, 2023. The westcentral steep slope overlooks Hood Canal Drive Northeast. The south-southwest descending slope ranges from about 118 to 170 feet in elevation, and has an inclination of about 24 degrees (45 percent). The slope was heavily vegetated with thick brambles, brush, and mature trees. The east-central steep slope is a road cut on the north side of Hood Canal Drive Northeast. The southeast descending slope ranges from about 104 to 122 feet in elevation, and has an inclination of about 32 degrees (63 percent). The slope was lightly vegetated with grasses, brush, and immature trees. During our site visit we did not observe signs of recent slide scarps, tension cracks, or slumps within the site that would indicate current deep-seated instability on the steep slopes within the property. Signs of shallow soil movement and soil creep, such as curved tree trunks, were not observed on the slopes of the property. However, it should be noted that soil creep is the gradual, imperceptible downslope movement of surficial soils under the effect of gravity, and is typical on steep slopes. Additionally, our exploration generally exposed/encountered medium dense to very dense native glacial soils, which form the core of the site slopes and are considered to have good shear strength. The grading plan was not available at the time this report was prepared, however, based on the feasibility plan provided to us, we understand that the existing steep slopes and associated vegetation will not be disturbed during or after construction. Based on our exploration, and our review of the available data, and provided that the recommendations of this report is followed for design and construction, it is our opinion that the proposed development will not adversely impact the site slopes or vice versa. The slope stability and setbacks are further discussed in the Slope Stability Section of this report. Seismic Hazard The 2018 International Building Code (IBC), Section 1613.2.2, refers to Chapter 20 of ASCE 7-16 for seismic Site Class Definitions. It is our opinion that the overall soil profile corresponds to Site Class C as defined by Table 20.3-1 “Site Class Definitions,” according to the ASCE 7-16 Standard. Site Class C applies to a “very dense soil and soft rock” profile. The seismic site class is based on a soil profile extending to a depth of 100 feet. The soil explorations on this site extended to a maximum depth of 91.5 feet and this seismic site class designation is based on the assumption that medium dense to very dense, and stiff to hard conditions continue below the depth explored. We referred to the Applied Technology Council (ATC) website and 2018 IBC to obtain values for SS, SMS, SDS, S1, SM1, SD1, Fa, and Fv. The ATC website utilizes the most updated published data on seismic Krazan & Associates, Inc. Offices Serving the Western United States KA Project No. 102-23017 Proposed North Kloomachin Subdivision October 2, 2023 Page No. 7 conditions from the United States Geological Survey. The seismic design parameters for this site are presented in the following table: Seismic Design Parameters (Reference: 2018 IBC Section 1613.2.2, ASCE 7-16, and ATC) Seismic Item Value Site Coefficient Fa 1.200 Ss 1.302 SMS 1.562 SDS 1.041 Site Coefficient Fv 1.500 S1 0.462 SM1 0.693 SD1 0.462 Additional seismic considerations include liquefaction potential and amplification of ground motions by soft soil deposits. The liquefaction potential is highest for loose sand with a high groundwater table. The native soils primarily consisting of medium dense to very dense granular soils interpreted to underlie the site are considered to have a low potential for liquefaction and amplification of ground motion. The Liquefaction Susceptibility Map of Kitsap County, Washington, by Stephen Palmer, et al. (WADNR, September 2004) indicates that the subject site is mapped as an area of very low to low liquefaction susceptibility. Based on our explorations and review of the above-mentioned map, it is our opinion that the site has low liquefaction hazard, and the proposed development should not increase the liquefaction hazard provided that our recommendations are followed for both design and construction. CONCLUSIONS AND RECOMMENDATIONS General It is our opinion from a geotechnical standpoint that the site is compatible with the planned development, provided that the geotechnical engineering recommendations presented in this report are included in the project design and implemented during construction. We recommended that Krazan review the development plans. Soil Conditions: Our soil explorations generally encountered competent native glacial soils underlying organic topsoil, extending to the maximum depths explored, which ranged from 4.5 to 91.5 feet bgs. Organic debris was encountered at a depth of about 2.0 feet in test pit TP-6. Loose/soft soils, organic debris, or undocumented fill were not encountered below the topsoil in the other explorations. However, there may be layers of loose/soft soils, organic materials, or undocumented fill in unexplored areas of the site. Krazan & Associates, Inc. Offices Serving the Western United States KA Project No. 102-23017 Proposed North Kloomachin Subdivision October 2, 2023 Page No. 8 Cobbles were encountered during our exploration. Glacial till deposits often include cobbles and boulders, which may present some difficulties for excavation and grading on this site. Generally, the soils exposed/encountered at this site are considered moisture-sensitive and will be easily disturbed and difficult to compact when wet. We recommend that construction take place during extended periods of dry weather in the summer months, if possible. If construction is to take place during wet weather, additional expenses and delays should be expected due to the wet conditions. Additional expenses could include the need for placing a blanket of rock spalls to protect exposed subgrades and construction traffic areas. The on-site granular soils may be suitable for use as structural fill material, provided the moisture content is near optimum and the soil could be suitably compacted to specifications. This will depend on the moisture content of the soils at the time of construction. Krazan and Associates should be retained to determine if the on-site soils can be used as structural fill material at the time of construction. Foundations: Based on our explorations, conventional spread footings supported on medium dense/stiff or firmer native soil, or on structural fill extending to medium dense/stiff or firmer native soil, should provide adequate support for the proposed structures. Detailed geotechnical engineering recommendations for foundation design are presented in this report. Stormwater Drainage: Proper site grading and drainage should help maintain current stability conditions. A comprehensive drainage plan will be an important part of a successful development project at this site. Surface water runoff should not be allowed to develop concentrated flow over the steep slopes on this property during or after construction. Proper grading and functional drainage systems are important for maintaining the current stable condition of the site slopes. We understand that onsite stormwater management systems/ponds are also being considered in the northwest and southeast portions of the site. We conducted test pits TP-14 and TP-12 in the proposed stormwater management areas. However, shallow exposure of very low permeability very dense silty sand in TP-14 and very stiff to hard cohesive soils in TP-12, indicate that onsite stormwater infiltration is not feasible. Site Preparation In general site clearing should include removal of any vegetation and associated root systems; wood; abandoned utilities; structures including foundations, rubble; and rubbish. After stripping of organic topsoil is completed, the building pad and pavement areas should be proof-rolled with a loaded tandem-axle dump truck and be visually inspected to identify any loose/soft areas. Subgrade Preparation: In the planned structural areas, organic soil and loose/soft soils should be excavated to expose the underlying firm native soils. The resulting excavations should be filled to the planned bottom of the structure’s subgrade elevations with suitable soils as per the Structural Fill section of this report. Based on our soil explorations, we interpret the medium dense/stiff or firmer native load Krazan & Associates, Inc. Offices Serving the Western United States KA Project No. 102-23017 Proposed North Kloomachin Subdivision October 2, 2023 Page No. 9 bearing soils at this site to be about 1 to 2 feet bgs. There may be thicker layers of loose/soft soils, organic materials, or undocumented fill in unexplored areas of the site. During wet weather conditions, which typically occur from October through May, subgrade stability problems and grading difficulties may develop due to excess moisture, disturbance of moisture sensitive soils and/or the presence of perched groundwater. Earthwork construction during extended periods of wet weather could create the need to remove wet disturbed soils if they cannot be suitably compacted due to elevated moisture contents. The soils exposed/encountered at the site are considered moisture-sensitive. If over-excavation is necessary, it should be confirmed through continuous monitoring and testing by a qualified geotechnical engineer or geologist. Soils that have become unstable may require drying to near their optimal moisture content before compaction is feasible. Selective drying may be accomplished by scarifying or windrowing surficial material during extended periods of dry, warm weather (typically during the summer months). If the soils cannot be dried back to a workable moisture condition, remedial measures may be required. Preparation of the site for wet weather conditions may consist of the placement of a layer of aggregate base for the protection of exposed soils during construction. It should be understood that even if Best Management Practices (BMPs) for soil protection are implemented for the wet season, there is a significant chance that additional soil mitigation work will be needed. Any buried structures encountered during construction should be completely removed and backfilled with structural fill. Excavations, depressions, or soft and pliant areas extending below the planned subgrade elevations should be excavated to expose medium dense or firmer soil, and be backfilled with structural fill. In general, any septic tanks, underground storage tanks, debris pits, cesspools, or similar structures and deleterious materials should be completely removed. Any concrete footings encountered in the planned foundation area should be removed to depth of at least 3 feet below proposed footing elevations or as recommended by the geotechnical engineer. The resulting excavations should be backfilled with structural fill. All fill on the sloping areas should be placed as structural fill. Where fills greater than 8 feet are to be constructed on original ground that slopes at inclinations steeper than 6:1 (horizontal to vertical), benches should be cut into the existing slope as the filling operations proceed. Each bench should consist of a level terrace, a minimum of 4 to 8 feet wide (based on the width of the equipment utilized), with the rise to the next bench held to 4 feet or less. Where fills of comparable height will be constructed on ground that slopes at an inclination steeper than 4:1 (horizontal to vertical), a keyway should be provided along the toe of the fill slope in addition to the benches. Each keyway should consist of a level trench at least 8 feet wide and at least 2 feet deep, with side slopes not exceeding 1:1 (horizontal to vertical), cut into the existing slope. Permanent fill slopes should be no steeper than 2 to 1 (horizontal to vertical). Fill materials should not be placed in any section of the slope until the subgrade for that section has been suitably prepared and evaluated by a representative of the geotechnical engineer. Brush, roots, sod or any other organic, perishable or unsuitable material should not be placed in the fill slope. Krazan & Associates, Inc. Offices Serving the Western United States KA Project No. 102-23017 Proposed North Kloomachin Subdivision October 2, 2023 Page No. 10 Site grading near the crowns of the reconstructed slopes should be accomplished, such that, excessive sheet run-off is prevented. The completed slopes should be seeded or otherwise vegetated to protect from future erosion. Well vegetated slopes at the recommended configuration should be reasonably protected from typical erosional effects. However, vegetation on the slopes may not provide protection from unusual flow conditions, such as fl [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%3Aport_gamble_sklallam%3A2b3526092755e62d. Public record. Not legal advice.