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SKOKOMISH INDIAN TRIBE
T3ba’das Phase 2 Housing Development
BID DOCUMENTS TABLE OF CONTENTS
GENERAL CONDITIONS
SECTIONS
I.
CALL FOR SEALED BIDS
II.
PROJECT PROPOSAL
III. BID BOND AND CONTRACT BOND
IV. AMENDMENTS AND SPECIAL PROVISIONS
V.
CONTRACT DRAWINGS
VI. PREVAILING WAGES
Skokomish Indian Tribe Construction General Conditions
TABLE OF CONTENTS
1.
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36.
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38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
DEFINITIONS ....................................................................................................................................... 2
ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS ................................................................. 6
REPORTS AND RECORDS ................................................................................................................. 6
DRAWINGS AND SPECIFICATIONS .................................................................................................. 6
SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK ............................................... 7
SHOP DRAWINGS ............................................................................................................................... 7
MATERIALS, SERVICES AND FACILITIES ........................................................................................ 8
SUBSTITUTIONS ................................................................................................................................. 8
PATENTS ............................................................................................................................................ 9
SURVEYS, PERMITS, AND REGULATIONS ...................................................................................... 9
LAWS AND REGULATIONS AFFECTING WORK............................................................................... 9
TAXES
.......................................................................................................................................... 10
PROTECTION OF WORK, PROPERTY AND PERSONS ................................................................. 10
PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS ............................................................................................................................... 10
OPERATIONS AND STORAGE AREAS ............................................................................................ 11
PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ......................................................... 11
INDEMNIFICATION ............................................................................................................................ 12
CONTRACT SECURITY (For Contracts Greater than $100,000.00) ................................................. 12
ACCIDENT PREVENTION AND SAFETY PROGRAM ...................................................................... 12
TEMPORARY SANITARY FACILITIES .............................................................................................. 14
SUPERVISION BY CONTRACTOR ................................................................................................... 14
SUBCONTRACTING .......................................................................................................................... 14
SEPARATE CONTRACTS ................................................................................................................. 15
TIME FOR COMPLETION AND LIQUIDATED DAMAGES ............................................................... 15
PROGRESS SCHEDULES AND REQUIREMENTS FOR COMPLIANCE ........................................ 15
LAND AND RIGHTS-OF-WAY............................................................................................................ 16
SUSPENSION OF WORK, TERMINATION AND DELAY .................................................................. 16
INSPECTION AND TESTING ............................................................................................................. 18
CORRECTION OF WORK.................................................................................................................. 19
CHANGES IN THE WORK ................................................................................................................. 19
CHANGES IN CONTRACT PRICE .................................................................................................... 20
DIFFERING SITE CONDITIONS (Rework 1-04.7 from Spec Book) .................................................. 20
USE AND POSSESSION PRIOR TO FINAL COMPLETION............................................................. 21
CLEANUP AND FINISH GRADING .................................................................................................... 21
MEASUREMENT AND PAYMENT ..................................................................................................... 22
VARIATION IN ESTIMATED QUANTITIES ........................................................................................ 22
PAYMENTS TO CONTRACTOR ........................................................................................................ 23
ASSIGNMENTS .................................................................................................................................. 24
GUARANTY ........................................................................................................................................ 24
ACCEPTANCE OF FINAL PAYMENT AS RELEASE ........................................................................ 25
ROLE AND AUTHORITY OF TRIBAL PROJECT MANAGER, TRIBAL CONTRACT
REPRESENTATIVE, AND ENGINEER .............................................................................................. 25
RECORDS .......................................................................................................................................... 26
JUDICIAL REVIEW ............................................................................................................................. 26
SITE CONDITIONS ............................................................................................................................ 26
LIMITATION ON USE OF SITE AND OTHER AREAS ...................................................................... 26
DAYS OF WORK ................................................................................................................................ 27
PRE-CONSTRUCTION CONFERENCE AND PROJECT MEETINGS.............................................. 27
QUALIFICATIONS AND REFERENCES ............................................................................................ 28
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1.
DEFINITIONS
Wherever used in the CONTRACT DOCUMENTS, the following terms shall have the
meanings indicated which shall be applicable to both the singular and plural thereof:
1.1
ADDENDA mean written or graphic instruments issued prior to the execution of
the Contract (Agreement) which modify or interpret the CONTRACT
DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, deletions,
clarifications or corrections.
1.2
AWARD means the formal decision by the TRIBE to accept the lowest
responsible and responsive Bidder for the WORK.
1.3
BID means the offer or proposal of the BIDDER submitted on the prescribed
form (Bid Form) setting forth the prices for the WORK to be performed.
1.4
BIDDER means any person, partnership, firm, corporation, or joint venture
submitting a BID for the WORK. When required by law or otherwise, a
prospective BIDDER shall be prequalified.
RESPONSIBLE BIDDER means a BIDDER that is not disqualified under the
CONTRACT DOCUMENTS and meets all criteria established by the Tribe in the
INVITATION TO BID.
RESPONSIVE BIDDER means a BIDDER submitting a BID that meets all of the
requirements identified in the INVITATION TO BID and on the Bid Form.
INVITATION TO BID means the Call for Bids (Advertisement for Bids)
soliciting Project Proposals and the Bid Documents describing the WORK to be
performed and all requirements and qualifications, including any prequalification
criteria, that BIDDERS must meet in order to submit a BID.
1.5
BOND means Bid Deposit, including surety bonds in accordance with the
Invitation to Bid and Bid Form, or Contract Bond (Performance and Payment
Bonds) and other instruments of security, furnished by the CONTRACTOR and
the CONTRACTOR’s Surety in accordance with the CONTRACT
DOCUMENTS.
1.6
CHANGE ORDER means a CONTRACT AMENDMENT authorizing an
addition, deletion or revision in the WORK within the general scope of the
CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT
PRICE or CONTRACT TIME.
1.7
CONTRACT means the written agreement between the Skokomish Indian Tribe
and the CONTRACTOR. It describes, among other things:
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a. What work will be done, and by when;
b. Who provides labor and materials; and
c. How Contractor will be paid.
The contract includes all CONTRACT DOCUMENTS and various certifications
and affidavits, supplemental agreements, change orders, and subsurface boring
logs (if any) as may be required to complete the WORK.
1.8
CONTRACT DOCUMENTS means the CONTRACT including the following
DOCUMENTS listed in order of precedence: the Contract (Agreement) Form
approved as to form by the Skokomish Tribal Attorney, Addenda, Bid Form,
General Conditions, Special Provisions, Contract Drawings, Amendments to
Standard Specifications, Standard Specifications, and Standard Plans.
1.9
CONTRACT PRICE means the total monies payable to the CONTRACTOR
under the terms and conditions of the CONTRACT DOCUMENTS.
1.10
CONTRACT TIME means the number of CALENDAR DAYS or WORKING
DAYS stated in the CONTRACT DOCUMENTS for the PHYSICAL
COMPLETION of the WORK. CONTRACT TIME is initially specified by the
SPECIAL PROVISIONS.
FINAL COMPLETION: Date identified by the CONTRACT DOCUMENTS by
which all the WORK specified in the CONTRACT DOCUMENTS is completed
and all obligations of the CONTRACTOR under the CONTRACT are fulfilled by
the CONTRACTOR. All documentation required by the CONTRACTOR and
required by law must be furnished by the CONTRACTOR before establishment
of this date. The date by which FINAL COMPLETION must occur is initially
specified in the Contract (Agreement) Form.
CALENDAR DAYS: The number of days between the STARTING DATE OF
WORK and the PHYSICAL COMPLETION Date excluding any period(s) during
which the CONTRACT WORK was suspended.
NON-WORKING DAYS: Saturday, Sunday, and holidays designated by the
Skokomish Indian Tribe as follows:
New Years’s Eve
New Year’s Day
Martin Luther King Day
Point No Point Treaty Day
President’s Day
Memorial Day
Independence Day observed
Labor Day observed
WA American Indian Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day observed;
a day on which the Contract specifically suspends WORK; a day declared NonWorking by the Skokomish Indian Tribe (e.g. Funeral Day); or any days or parts
of days during which the ENGINEER orders suspension of WORK.
WORKING DAYS: The number of days between the STARTING DATE OF
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WORK and the PHYSICAL COMPLETION Date excluding NON-WORKING
DAYS.
STARTING DATE OF WORK: Date identified by the NOTICE TO PROCEED
to the CONTRACTOR to commence WORK or the date that the CONTRACTOR
begins onsite WORK if earlier.
TIME FOR (OF) COMPLETION: occurs upon PHYSICAL COMPLETION of
the CONTRACT WORK. TIME FOR COMPLETION describes the passage of
CONTRACT TIME; TIME OF COMPLETION describes a specific date
provided to the CONTRACTOR by the ENGINEER identifying PHYSICAL
COMPLETION of the WORK.
1.11
CONTRACTOR means the person, partnership, firm, corporation, or joint venture
with whom the Skokomish Indian Tribe has executed the Contract (Agreement).
1.12
DRAWINGS mean the part of the CONTRACT DOCUMENTS, which show the
characteristics and scope of the WORK to be performed, and which have been
prepared and/or approved by the ENGINEER.
1.13
ENGINEER means the person, partnership, firm, corporation, or joint venture
named as such in the CONTRACT DOCUMENTS and hired by the Skokomish
Indian Tribe to provide professional services consistent with those of a
Professional Engineer registered in the State of Washington.
1.14
FIELD ORDER means a written notice effecting a change in the WORK not
involving an adjustment in the CONTRACT PRICE or an extension of the
CONTRACT TIME, issued by the TRIBE in consultation with the ENGINEER
and the TRIBAL CONTRACT REPRESENTATIVE to the CONTRACTOR
during construction
1.15
NOTICE OF AWARD means the written notice from the TRIBE accepting the
Bid to the successful BIDDER.
1.16
NOTICE TO PROCEED means the written notice issued by the TRIBE to the
CONTRACTOR authorizing the CONTRACTOR to proceed with the WORK
and establishing the date of commencement of the WORK.
1.17
PHYSICAL COMPLETION means that date when construction of the PROJECT
is physically completed including: any minor incidental work, replacement of
temporary substitute facilities, and correction or repairs in accordance with the
CONTRACT DOCUMENTS. All documentation required by the CONTRACT
DOCUMENTS and required by law does not necessarily need to be furnished by
the CONTRACTOR by the PHYSICAL COMPLETION Date (TIME OF
COMPLETION).
1.18
PROJECT means the WORK to be performed as required by one or more sets of
CONTRACT DOCUMENTS for one or more interrelated CONTRACTS.
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1.19
SHOP DRAWINGS means all drawings, including WORKING DRAWINGS,
diagrams, illustrations, brochures, schedules and other data which are prepared by
the CONTRACTOR, a SUBCONTRACTOR, manufacturer, SUPPLIER or
distributor, which illustrate how specific portions of the WORK shall be
fabricated or installed.
1.20
SPECIFICATIONS mean a part of the CONTRACT DOCUMENTS consisting of
written descriptions of a technical nature providing an explicit set of requirements
for the WORK (materials, equipment, construction, workmanship, CONTRACT
TIME, etc.).
1.21
SUBCONTRACTOR means a person, partnership, firm, corporation, or joint
venture having a direct contract with the CONTRACTOR or with any other
SUBCONTRACTOR for the performance of a part of the WORK at the site.
1.22
SUBSTANTIAL COMPLETION means that date as certified by the ENGINEER
when the construction of the PROJECT is sufficiently completed in accordance
with the CONTRACT DOCUMENTS, so that the PROJECT or specified part can
be utilized for the purposes for which it is intended.
1.23
SPECIAL PROVISIONS means a part of the CONTRACT DOCUMENTS
consisting of written modifications to the General Conditions and/or Standard
Specifications which may be required by a Federal agency for participation in the
PROJECT, or such requirements that may be imposed by applicable federal, state
or local laws, or the TRIBE's contracting practices.
1.24
SUPPLIER means any person, partnership, firm, corporation, or joint venture who
supplies materials or equipment for the WORK, including that fabricated to a
special design, but who does not perform labor at the site.
1.25
TRIBE means the Skokomish Tribal Council, the governing body of the
Skokomish Indian Tribe, which has jurisdiction on the Skokomish Indian
Reservation on or near which the WORK will be performed. The TRIBE is a
Public Authority under 23 U.S.C. Sec.(a)(23) authorized to execute and
administer contracts for public highway improvements.
1.26
TRIBAL CONTRACT REPRESENTATIVE means the person, partnership, firm,
corporation, or joint venture who is authorized by the TRIBE to manage on-site
construction, inspect the WORK, assist the ENGINEER, and assist with required
reporting.
1.27
TRIBAL PROJECT MANAGER means the employee or agent of the TRIBE
authorized to administer the CONTRACT or CONTRACTS in the overall
management of a PROJECT.
1.28
WORK means all labor, materials, tools, equipment, and everything necessary to
successfully complete a PROJECT as required by the CONTRACT
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DOCUMENTS.
1.29
2.
3.
4.
WORKING DRAWINGS means shop plans, erection plans, falsework plans,
framework plans, cofferdam, cribbing and shoring plans, bending diagrams for
reinforcing steel, or any other supplementary plans or similar data.
ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS
2.1
The CONTRACTOR may be furnished additional instructions and detail
drawings, by the ENGINEER, as necessary to carry out the WORK.
2.2
All additional drawings and instructions thus supplied will become a part of the
CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK in
accordance with the additional detail drawings and instructions.
REPORTS AND RECORDS
3.1
The CONTRACTOR shall submit to the TRIBE such schedule of quantities and
costs, payrolls, reports, estimates, records and other data where applicable as are
required by the CONTRACT DOCUMENTS for the WORK to be performed.
3.2
The CONTRACTOR shall keep all records related to the CONTRACT for a
minimum of three years after acceptance of the completed work.
DRAWINGS AND SPECIFICATIONS
4.1
The intent of the DRAWINGS and SPECIFICATIONS is that the
CONTRACTOR shall furnish all labor, materials, tools, equipment, and
transportation necessary for the proper execution of the WORK in accordance
with the CONTRACT DOCUMENTS and all incidental work necessary to
complete the PROJECT in an acceptable manner, ready for use, occupancy or
operation by the TRIBE.
4.2
The intent within the CONTRACT DOCUMENTS is for DRAWINGS and
SPECIFCATIONS to be complimentary with neither taking precedence over the
other. However, in the event of discrepancies between the DRAWINGS and
SPECIFICATIONS, whether due to errors, omissions, differences in scale
dimensions or matters of detailed DRAWINGS relative to general DRAWINGS,
the ENGINEER shall consider all factors and make a determination to use the
DRAWINGS and/or SPECIFICATIONS identified by the ENGINEER.
4.3
Any discrepancies found between the DRAWINGS and SPECIFICATIONS and
site conditions or any inconsistencies or ambiguities in the DRAWINGS or
SPECIFICATIONS shall be immediately reported to the ENGINEER, in writing,
who shall promptly correct such inconsistencies or ambiguities in writing. WORK
done by the CONTRACTOR after his discovery of such discrepancies,
inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk.
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5.
6.
SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK
5.1
The CONTRACTOR will take steps necessary to ascertain the nature and location
of the work, and investigate the general and local conditions which can affect the
work or its cost, including but not limited to (1) conditions bearing upon
transportation, disposal, handling, and storage of materials; (2) the availability of
labor, water, electric power, and roads; (3) uncertainties of weather, river stages,
tides, or similar physical conditions at the site; (4) the conformation and
conditions of the ground; and (5) the character of equipment and facilities needed
preliminary to and during work performance. The CONTRACTOR also will
observe and determine the character, quality, and quantity of surface and
subsurface materials or obstacles to be encountered insofar as this information is
reasonably ascertainable from an inspection of the site, including all exploratory
work done by the TRIBE (e.g. boring logs). Any failure of the CONTRACTOR
to take the actions described and acknowledged in this paragraph will not relieve
the CONTRACTOR from responsibility for estimating properly the difficulty and
cost of successfully performing the work, or for proceeding to successfully
perform the work without additional expense to the TRIBE.
5.2
The TRIBE assumes no responsibility for any conclusions or interpretations made
by the Contractor based on the information made available by the TRIBE. The
TRIBE does not assume responsibility for any understanding reached or
representation made concerning conditions which can affect the work by any of
its representatives before the execution of this contract, unless that understanding
or representation is expressly stated in the CONTRACT DOCUMENTS.
SHOP DRAWINGS
6.1
The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for
the prosecution of the WORK as required by the CONTRACT DOCUMENTS.
The ENGINEER shall promptly review all SHOP DRAWINGS.
The
ENGINEER'S approval of any SHOP DRAWING shall not release the
CONTRACTOR from responsibility for deviations from the CONTRACT
DOCUMENTS. The approval of any SHOP DRAWING which results in
substantial deviations from CONTRACT DOCUMENTS and either a change in
CONTRACT PRICE or CONTRACT TIME or both shall be evidenced by a
CHANGE ORDER.
6.2
When submitted for the ENGINEER'S review, SHOP DRAWINGS shall bear the
CONTRACTOR'S certification that the CONTRACTOR has reviewed, checked
and approved the SHOP DRAWINGS and that they are in conformance with the
requirements of the CONTRACT DOCUMENTS.
6.3
Portions of the WORK requiring a SHOP DRAWING or sample submission shall
not begin until the SHOP DRAWING or submission has been approved by the
ENGINEER. A copy of each approved SHOP DRAWING and each approved
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sample shall be kept in good order by the CONTRACTOR at the site and shall be
available
to
the
ENGINEER
and
the
TRIBAL
CONTRACT
REPRESENTATIVE.
7.
8.
MATERIALS, SERVICES AND FACILITIES
7.1
It is understood that, except as otherwise specifically stated in the CONTRACT
DOCUMENTS, the CONTRACTOR shall provide and pay for all materials,
labor, tools, equipment, water, light, power, transportation, supervision,
temporary construction of any nature, and all other services and facilities of any
nature whatsoever necessary to execute, complete, and deliver the WORK during
the CONTRACT TIME.
7.2
Materials and equipment shall be so stored as to insure the preservation of their
quality and fitness for the WORK. Stored materials and equipment to be
incorporated in the WORK shall be located so as to facilitate prompt inspection.
7.3
Manufactured articles, materials and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned as directed by the
manufacturer.
7.4
Materials, supplies and equipment shall be in accordance with samples submitted
by the CONTRACTOR and approved by the ENGINEER.
7.5
Materials, supplies or equipment to be incorporated into the WORK shall not be
purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a
chattel mortgage or under a conditional sale contract or other agreement by which
an interest is retained by the seller.
SUBSTITUTIONS
8.1
Whenever a material, article or piece of equipment is identified on the drawings
or specifications by reference to brand name or catalogue number, it shall be
understood that this is referenced for the purpose of defining the performance or
other salient requirements and that other products of equal capacities, quality and
function shall be considered. The CONTRACTOR may recommend the
substitution of a material, article, or piece of equipment of equal substance and
function for those referred to in the CONTRACT DOCUMENTS by reference to
brand name or catalogue number, and if, in the opinion of the ENGINEER, such
material, article, or piece of equipment is of equal substance and function to that
specified, the ENGINEER may approve its substitution and use by the
CONTRACTOR. Any cost differential shall be deductible from the CONTRACT
PRICE and the CONTRACT DOCUMENTS shall be appropriately modified by
CHANGE ORDER. The CONTRACTOR warrants that if substitutes are
approved, no major changes in the function or general design of the PROJECT
will result. Incidental changes or extra component parts required to accommodate
the substitute will be made by the CONTRACTOR without a change in the
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CONTRACT PRICE or CONTRACT TIME.
9.
PATENTS
9.1
10.
11.
The CONTRACTOR shall pay all applicable royalties and license fees. The
CONTRACTOR shall defend all suits or claims for infringement of any patent
rights and save the TRIBE harmless from loss on account thereof, except that the
TRIBE shall be responsible for any such loss when a particular process, design, or
the product of a particular manufacturer or manufacturers is specified, however if
the CONTRACTOR has reason to believe that the design, or product specified is
an infringement of a patent, the CONTRACTOR shall be responsible for such
loss unless the CONTRACTOR promptly gives such information to the
ENGINEER.
SURVEYS, PERMITS, AND REGULATIONS
10.1
The TRIBE shall furnish all boundary surveys and establish all base lines for
locating the principal component parts of the WORK together with a suitable
number of benchmarks adjacent to the WORK as shown in the CONTRACT
DOCUMENTS. From the information provided by the TRIBE, unless otherwise
specified in the CONTRACT DOCUMENTS, the CONTRACTOR shall develop
and make all detail surveys needed for construction such as slope stakes, batter
boards, stakes for pile locations and other working points, lines, elevations and
cut sheets.
10.2
The CONTRACTOR shall carefully preserve bench marks, reference points and
stakes and, in case of willful or careless destruction, the CONTRACTOR shall be
charged with the resulting expense and shall be responsible for any mistakes that
may be caused by their unnecessary loss or disturbance.
10.3
Permits and licenses of a temporary nature necessary for the prosecution of the
WORK shall be secured and paid for by the CONTRACTOR unless otherwise
specified in the CONTRACT DOCUMENTS. Permits, licenses and easements
for permanent structures or permanent changes in existing facilities shall be
secured and paid for by the TRIBE, unless otherwise specified.
The
CONTRACTOR shall give all notices and comply with all laws, ordinances, rules
and regulations bearing on the conduct of the WORK as drawn and specified. If
the CONTRACTOR observes that the CONTRACT DOCUMENTS are at
variance therewith, he shall promptly notify the ENGINEER in writing, and any
necessary changes shall be adjusted as provided in Section 30-CHANGES IN
THE WORK.
LAWS AND REGULATIONS AFFECTING WORK
11.1
The CONTRACTOR shall at all times observe and comply with Federal, State,
City, County and Tribal laws, ordinances and regulations which in any manner
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affect the conduct of the WORK; and all such orders and decrees as exist at the
present and which may be enacted later by legislative bodies or tribunals having
legal jurisdiction or authority over the WORK. No pleas of misunderstanding or
ignorance thereof will be considered. The CONTRACTOR shall be wholly
responsible for any claim or liability arising from or based on the violation of any
such law, ordinance, regulation, order or decree.
12.
TAXES
12.1
13.
The TRIBE is exempt from Washington State Sales and Business and Occupation
Tax for services or items delivered on the Reservation. RCW 82.08.0254 and
WAC 458-20-192. In the event that WORK is performed and services provided
outside the boundaries of the SKOKOMISH INDIAN RESERVATION, the
CONTRACTOR remains liable for all applicable local, state and federal taxes.
PROTECTION OF WORK, PROPERTY AND PERSONS
13.1
See
Section 12 in the Contract for Good and/or Services.
14.
PROTECTION OF EXISTING VEGETATION, STRUCTURES,
EQUIPMENT, UTILITIES, AND IMPROVEMENTS
14.1
The CONTRACTOR shall preserve and protect all structures, equipment, and
vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which
are not to be removed and which do not unreasonably interfere with the work
required under this contract, CONTRACTOR shall remove trees only when
specifically authorized to do so, and shall avoid damaging vegetation that will
remain in place. If any limbs or branches of trees are broken during contract
performance, or by the careless operation of equipment, or by workmen, the
CONTRACTOR shall trim those limbs or branches with a clean cut and paint the
cut with a tree-pruning compound as directed by the ENGINEER.
14.2
The CONTRACTOR shall protect from damage all existing improvements and
utilities (1) on or near the work site and (2) on adjacent property of a third party,
the locations of which are made known to or should be known by the
CONTRACTOR. The existence and location of utilities are not guaranteed by the
TRIBE and shall be investigated and verified in the field by the CONTRACTOR
before commencing construction activities in any particular area.
The
CONTRACTOR shall repair any damage to those facilities, including those that
are the property of a third party, resulting from failure to comply with the
requirements of the CONTRACT DOCUMENTS or failure to exercise reasonable
care in performing the work. If the CONTRACTOR fails or refuses to repair the
damage promptly, the TRIBE may have the necessary work performed and charge
the cost to the CONTRACTOR.
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15.
16.
OPERATIONS AND STORAGE AREAS
15.1
The CONTRACTOR shall confine all operations (including storage of materials)
to areas authorized or approved by the TRIBE. The CONTRACTOR shall hold
and save the TRIBE and its representatives, free and harmless from liability of
any nature occasioned by the CONTRACTOR'S performance.
15.2
Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be
erected by the CONTRACTOR only with the approval of the TRIBE and shall be
built with labor and materials furnished by the CONTRACTOR without expense
to the TRIBE. The temporary buildings and utilities shall remain the property of
the CONTRACTOR and shall be removed by the CONTRACTOR at its expense
prior to PHYSICAL COMPLETION of the work. Only with the written consent
of the TRIBE may the buildings and utilities be abandoned and not removed.
15.3
The CONTRACTOR shall use only established roadways, or use temporary
roadways constructed by the CONTRACTOR when and as authorized by the
TRIBE. In such case, the CONTRACTOR shall minimize disruption and delays
to traffic in the affected areas. When materials are transported in prosecuting the
WORK, vehicles shall not be loaded beyond the loading capacity recommended
by the manufacturer of the vehicle or prescribed by any Federal, State, or local
law or regulation. When it is necessary to cross curbs or sidewalks, the
CONTRACTOR shall protect them from damage. The CONTRACTOR shall
repair or pay for the repair of any damaged curbs, sidewalks, or roads.
PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE
16.1. General Requirements: See Section 10.3 in the Contract For Goods And/Or
Services.
16.2 Subcontractors
CONTRACTOR shall ensure that each subcontractor of every tier obtains and maintains
at a minimum the insurance coverages listed in Section 16.1.1. Upon request of the
TRIBE, the CONTRACTOR shall provide evidence of such insurance.
16.4 Evidence of Insurance
The CONTRACTOR shall deliver to the TRIBE a Certificate(s) of Insurance and
endorsements for each policy of insurance meeting the requirements set forth herein
when the CONTRACTOR delivers the signed Contract for the work. The certificate and
endorsements must conform to the following requirements:
16.4.1 An ACORD certificate or a form determined by the TRIBE to be
equivalent.
16.4.2 Copies of all endorsements naming TRIBE and all other entities listed in
16.1.1 as Additional Insured(s), showing the policy number. The CONTRACTOR
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may submit a copy of any blanket additional insured clause from its policies
instead of a separate endorsement. A statement of additional insured status on an
ACORD Certificate of Insurance shall not satisfy this requirement.
16.4.3 Any other amendatory endorsements to show the coverage required herein.
17.
18.
INDEMNIFICATION
17.1
The CONTRACTOR will indemnify and hold harmless the TRIBE and their
agents and employees from and against all claims, damages, losses and expenses
including attorney's fees arising out of or resulting from the performance of the
WORK, provided that any such claims, damage, loss or expense is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of tangible
property including the loss of use resulting therefrom; and is caused in whole or in
part by any negligent or willful act or omission of the CONTRACTOR, or
SUBCONTRACTOR, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
17.2
In any and all claims against the TRIBE or any of their agents or employees, by
any employee of the CONTRACTOR, any SUBCONTRACTOR anyone directly
or indirectly employed by any of them, or anyone for whose acts any of them may
be liable, the indemnification obligation shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by
or for the CONTRACTOR or any SUBCONTRACTOR under Workmen's
Compensation Acts, disability benefit acts or other employee benefits acts.
17.3
The obligation of the CONTRACTOR under this paragraph shall not extend to the
liability of the ENGINEER, his agents or employees arising out of the preparation
or approval of maps, DRAWINGS, opinions, reports, surveys, , designs or
SPECIFICATIONS.
CONTRACT SECURITY (For Contracts Greater than $100,000.00)
18.1
19.
See Section 11 in the Contract for Good and/Or Services.
ACCIDENT PREVENTION AND SAFETY PROGRAM
19.1
The CONTRACTOR shall be solely and completely responsible for conditions of
the jobsite, including safety of all persons, including employees, and property
during performance of the work. This requirement shall apply continuously and
not be limited to normal working hours. Safety provisions shall conform to U.S.
Department of Labor (OSHA), and all other applicable Federal, State, County,
and local laws, ordinances, codes, the requirements set forth below, and any
regulations that may be detailed in other parts of these documents. Where any of
these are in conflict, the more stringent requirement shall be followed. The
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CONTRACTOR's failure to thoroughly familiarize himself with the
aforementioned safety provisions shall not relieve him from compliance with the
obligations and penalties set forth herein.
19.2
The TRIBE or the TRIBAL CONTRACT REPRESENTATIVE will notify the
CONTRACTOR of any observed non-compliance with the foregoing provisions
and the action to be taken. The CONTRACTOR shall, upon receipt of such
notice, immediately take corrective action. If the CONTRACTOR fails or refuses
to comply promptly, the TRIBE may issue an order stopping all or part of the
WORK until satisfactory corrective action has been taken. No part of the time
lost due to any such stop orders shall be made the subject of claims for extension
of time, or for excess costs or damages by the CONTRACTOR.
19.3
The CONTRACTOR shall develop and maintain for the duration of this Contract,
a safety program that will effectively incorporate and implement all required
safety provisions. The CONTRACTOR shall appoint an employee who is
qualified and authorized to supervise and enforce compliance with the safety
program.
19.4
The CONTRACTOR as a part of his safety program, shall maintain at his office
or other well-known place at the jobsite, safety equipment applicable to the
WORK as prescribed by the aforementioned authorities, all articles necessary for
giving first aid to the injured, and shall establish the procedure for the immediate
removal to a hospital or a doctor's care of persons who may be injured on the
jobsite.
19.5
If death or serious injuries or serious damages are caused, the accident shall be
reported immediately by telephone or messenger to both the ENGINEER and
TRIBE. In addition, the CONTRACTOR must promptly report in writing to
appropriate authorities and the TRIBE'S representative all accidents whatsoever
arising out of, or in connection with, the performance of the WORK whether on,
or adjacent to, the site, giving full details and statements of witnesses. If a claim
is made by anyone against the CONTRACTOR or any subcontractor on account
of any accident, the CONTRACTOR shall promptly report the facts in writing to
the TRIBE giving full details of the claim.
19.6
The CONTRACTOR shall plan, manage, supervise, and perform all temporary
traffic control activities needed to support the WORK of the CONTRACT in
accordance with Part 6 and all other applicable Parts, Chapters, and Sections of
the current version of the “Manual on Uniform Traffic Control Devices for Streets
and Highways.” If the temporary traffic control activities are conducted within a
State Highway right-of-way, the Contractor shall also perform these activities in
accordance with Section 1-10 of the current version of the Washington State
Department of Transportation “Standard Specifications for Road, Bridge, and
Municipal Construction.” The CONTRACTOR will implement an approved
Traffic Control Plan included in the CONTRACT DOCUMENTS. Traffic
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Control Plan changes must be approved prior to implementation.
19.7
20.
TEMPORARY SANITARY FACILITIES
20.1
21.
The CONTRACTOR shall provide and maintain necessary sanitary conveniences
for the use of those employed on or about the WORK, properly secluded from
public observation in such a manner and at such points as shall be approved by
the TRIBAL CONTRACT REPRESENTATIVE, and their use shall be strictly
enforced.
SUPERVISION BY CONTRACTOR
21.1
22.
Compliance with the requirements of this provision by subcontractors will be the
responsibility of the CONTRACTOR.
The CONTRACTOR will supervise and direct the WORK. He will be solely
responsible for the means, methods, techniques, sequences and procedures of
construction. The CONTRACTOR will employ and maintain on the WORK a
qualified supervisor or superintendent who shall have been designated in writing
by the CONTRACTOR as the CONTRACTOR'S representative at the site. The
supervisor shall have full authority to act on behalf of the CONTRACTOR and all
communications given to the supervisor shall be as binding as if given to the
CONTRACTOR. The supervisor shall be present on the site at all times as
required to perform adequate supervision and coordination of the WORK.
SUBCONTRACTING
22.1
The CONTRACTOR may utilize the services of specialty SUBCONTRACTORS
on those parts of the WORK which, under normal contracting practices, are
performed by specialty SUBCONTRACTORS.
22.2
The CONTRACTOR must perform at least thirty percent (30%) of the total
amount of the WORK using the CONTRACTOR'S own work force and
equipment
The
CONTRACTOR
shall
not
award
WORK
to
SUBCONTRACTOR(s), in excess of seventy percent (70%) percent of the
CONTRACT PRICE, without prior written approval of the TRIBE.
22.3
The CONTRACTOR shall be fully responsible to the TRIBE for the acts and
omissions of his SUBCONTRACTORS, and of persons either directly or
indirectly employed by them, as he is for the acts and omissions of persons
directly employed by him.
22.4
The CONTRACTOR shall cause appropriate provisions to be inserted in all
subcontracts relative to the WORK to bind SUBCONTRACTORS to the
CONTRACTOR by the terms of the CONTRACT DOCUMENT insofar as
applicable to the WORK of SUBCONTRACTORS and to give the
CONTRACTOR the same power as regards terminating any subcontract that the
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TRIBE may exercise over the CONTRACTOR under any provision of the
CONTRACT DOCUMENTS.
22.5
23.
24.
SEPARATE CONTRACTS
23.1
The TRIBE reserves the right to let other contracts in connection with this
PROJECT. The CONTRACTOR shall afford other CONTRACTORS reasonable
opportunity for the introduction and storage of their materials and the execution of
their WORK, and shall properly connect and coordinate his WORK with theirs.
If the proper execution or results of any part of the CONTRACTOR'S WORK
depends upon the WORK of any other CONTRACTOR, the CONTRACTOR
shall inspect and promptly report to the TRIBAL CONTRACT
REPRESENTATIVE or Inspector (such agent on site) any defects in such WORK
that render it unsuitable for such proper execution and results.
23.2
The TRIBE may perform additional WORK related to the PROJECT by himself,
or he may let other contracts containing provisions similar to these. The
CONTRACTOR will afford the other CONTRACTORS who are parties to such
Contracts (or the TRIBE, if he is performing the additional WORK himself),
reasonable opportunity for the introduction and storage of materials and
equipment and the execution of WORK and shall properly connect and coordinate
his WORK with theirs.
23.3
If the performance of additional WORK by other CONTRACTORS or the TRIBE
is not noted in the CONTRACT DOCUMENTS prior to the execution of the
CONTRACT, written notice thereof shall be given to the CONTRACTOR prior
to starting any such additional WORK. If the CONTRACTOR believes that the
performance of such additional WORK by the TRIBE or others involves him in
additional expense or entitles him to an extension of the CONTRACT TIME, he
may make a claim therefore as provided in Sections 30 and 31.
TIME FOR COMPLETION AND LIQUIDATED DAMAGES
24.1
25.
Nothing contained in this CONTRACT shall create any contractual relation
between any SUBCONTRACTOR and the TRIBE
See Section 4 in the Contract for Good and/Or Services.
PROGRESS SCHEDULES AND REQUIREMENTS FOR COMPLIANCE
25.1
The CONTRACTOR shall within 10 calendar days of receipt of NOTICE TO
PROCEED, submit to the TRIBE through the TRIBAL CONTRACT
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REPRESENTATIVE for approval a practicable schedule, showing the order in
which the CONTRACTOR proposes to carry on the WORK, the dates on which
he will start the major items of work (including procurement of materials, plant
and equipment) and the contemplated dates for completing the same.
26.
27.
25.2
If, in the opinion of the TRIBAL PROJECT MANAGER in consultation with the
TRIBAL CONTRACT REPRESENTATIVE and the ENGINEER, the
CONTRACTOR falls behind the progress schedule, the CONTRACTOR shall
take such steps as may be necessary to assure performance within the allowable
TIME FOR COMPLETION. The CONTRACTOR may propose for approval by
the TRIBAL PROJECT MANAGER measures such as increasing number of
workers, number of shifts, or overtime operations, days of work, or the amount of
construction plant, or all of them. The TRIBAL PROJECT MANAGER may
require the CONTRACTOR to submit for approval such supplementary schedule
or schedules necessary to demonstrate that the WORK shall be performed within
the allowable TIME FOR COMPLETION, all without additional cost to the
TRIBE.
25.3
Failure of the CONTRACTOR to comply with the requirements of this provision
shall be grounds for determination that the CONTRACTOR is not prosecuting the
work with such diligence as will insure completion within the specified TIME
FOR COMPLETION. Upon such determination the TRIBE may terminate the
CONTRACTOR'S right to proceed with the WORK, or any separable part thereof
in accordance with Section 27-SUSPENSION OF WORK, TERMINATION
AND DELAY.
LAND AND RIGHTS-OF-WAY
26.1
Prior to issuance of NOTICE TO PROCEED, the TRIBE shall obtain all land and
rights-of-way necessary for carrying out and for the completion of the WORK to
be performed pursuant to the CONTRACT DOCUMENTS, unless otherwise
mutually agreed.
26.2
The TRIBE shall provide to the CONTRACTOR information which delineates
and describes the lands owned and rights-of-way acquired.
26.3
The CONTRACTOR shall provide at his own expense and without liability to the
TRIBE any additional land and access thereto that the CONTRACTOR may
desire for temporary construction facilities, or for storage of materials.
SUSPENSION OF WORK, TERMINATION AND DELAY
27.1
See Section 6 of the Contract for Goods And/Or Services at the end of this
section.
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27.2
If the CONTRACTOR is adjudged as bankrupt or insolvent, or if he makes a
general assignment for the benefit of his creditors or if a trustee or receiver is
appointed for the CONTRACTOR or for any of his property, or if he files a
petition to take advantage of any debtor's act, or to reorganize under the
bankruptcy or applicable laws, or if he repeatedly fails to supply sufficient skilled
workmen or suitable materials or equipment, or if he repeatedly fails to make
prompt payments to SUBCONTRACTORS or for labor, materials or equipment
or if he disregards laws, ordinances, rules, regulations or orders of any public
body having jurisdiction of the WORK, or if he disregards the authority of the
ENGINEER or TRIBAL CONTRACT REPRESENTATIVE, or if he otherwise
violates any provision of the CONTRACT DOCUMENTS then the TRIBE may,
without prejudice to any other right or remedy and after giving the
CONTRACTOR and his surety a minimum of ten (10) days from delivery of a
WRITTEN NOTICE, terminate the services of the CONTRACTOR and take
possession of the PROJECT and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the CONTRACTOR, and finish the
WORK by whatever method he may deem expedient. In such case the
CONTRACTOR shall not be entitled to receive any further payment until the
WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the
direct and indirect costs of completing the PROJECT, including compensation for
additional professional services, such excess SHALL BE PAID TO THE
CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR
will pay the difference to the TRIBE. Such costs incurred by the TRIBE will be
determined by the TRIBAL CONTRACT REPRESENTATIVE and incorporated
in a CHANGE ORDER.
27.3
Where the CONTRACTOR'S services have been so terminated by the TRIBE,
said termination shall not affect any right of the TRIBE against the
CONTRACTOR then existing or which may thereafter accrue. Any retention or
payment of monies by the TRIBE due the CONTRACTOR will not release the
CONTRACTOR from compliance with the CONTRACT DOCUMENTS.
27.4
After ten (10) days from delivery of a WRITTEN NOTICE to the
CONTRACTOR and the ENGINEER, the TRIBE may without cause and without
prejudice to any other right or remedy, elect to abandon the PROJECT and
terminate the CONTRACT. In such case, the CONTRACTOR shall be paid for
all WORK executed and any expense sustained plus reasonable profit. If this
contract is terminated by the TRIBE without cause, the rights, duties, and
obligations of the parties, including compensation to the CONTRACTOR, shall
be in accordance with Part 49 of the Federal Acquisition Regulation in effect on
the date of this contract.
27.5
If, through no act or fault of the CONTRACTOR, the WORK is suspended for a
period of more than ninety (90) days by the TRIBE or under an order of court or
other public authority, or the TRIBAL CONTRACT REPRESENTATIVE fails to
act on any request for payment within thirty (30) days after it is submitted, or the
TRIBE fails to pay the CONTRACTOR substantially the sum approved by the
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TRIBAL CONTRACT REPRESENTATIVE or awarded by arbitrators within
thirty (30) days of its approval and presentation, then the CONTRACTOR may,
after ten (10) days from delivery of a WRITTEN NOTICE to the TRIBE and the
ENGINEER, terminate the CONTRACT and recover from the TRIBE payment
for all WORK executed and all expenses sustained. In addition and in lieu of
terminating the CONTRACT, if the TRIBE has failed to make any payment as
aforesaid, the CONTRACTOR may upon ten (10) days WRITTEN NOTICE to
the TRIBE and the ENGINEER stop the WORK until he has been paid all
amounts then due, in which event and upon resumption of the WORK, CHANGE
ORDERS shall be issued for adjusting the CONTRACT PRICE or extending the
CONTRACT TIME or both to compensate for the costs due to delays attributed
to the stoppage of the WORK.
27.6
28.
If all or any portion of the WORK is suspended or interrupted as a result of a
failure by the TRIBE or ENGINEER to act within the time specified in the
CONTRACT DOCUMENTS, or if no time is specified, within a reasonable time,
resulting in a delay in the CONTRACTOR’s performance of the WORK, an
adjustment in the CONTRACT PRICE or an extension of the CONTRACT
TIME, or both, shall be made by CHANGE ORDER to compensate the
CONTRACTOR for any costs due to the delay attributable to the failure of the
TRIBE or ENGINEER.
INSPECTION AND TESTING
28.1
All materials and equipment used in the construction of the PROJECT shall be
subject to adequate inspection and testing in accordance with generally accepted
standards, as required and defined in the CONTRACT DOCUMENTS.
28.2
The TRIBE shall provide all inspection and testing services not required by the
CONTRACT DOCUMENTS.
28.3
The CONTRACTOR shall provide at his expense the testing and inspection
services required by the CONTRACT DOCUMENTS.
28.4
If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or orders
of any public authority having jurisdiction require any WORK to specifically be
inspected, tested, or approved by someone other than the CONTRACTOR, the
CONTRACTOR will give the ENGINEER timely notice of readiness. The
CONTRACTOR will then furnish the ENGINEER the required certificates of
inspection, testing or approval.
28.5
Inspections, tests or approvals by the ENGINEER or others shall not relieve the
CONTRACTOR from his obligations to perform the WORK in accordance with
the requirements of the CONTRACT DOCUMENTS.
28.6
The ENGINEER and his representatives will at all times have access to the
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WORK. In addition, authorized representatives and agents of any participating
Federal or state agency shall be permitted to inspect all work, materials, payrolls,
records of personnel, invoices of materials, and other relevant data and records.
The CONTRACTOR will provide proper facilities for such access and
observation of the WORK and also for any inspection, or testing thereof.
29.
30.
28.7
If any WORK is covered contrary to the written instructions of the ENGINEER it
must, if requested by the ENGINEER, be uncovered for his observation and
replaced at the CONTRACTOR'S expense.
28.8
If the ENGINEER considers it necessary or advisable that covered WORK be
inspected or tested by others, the CONTRACTOR, at the ENGINEER'S request,
will uncover, expose or otherwise make available for observation, inspection or
testing as the ENGINEER may require, that portion of the WORK in question,
furnishing all necessary labor, materials, tools and equipment. If it is found that
such WORK is defective, the CONTRACTOR will bear all the expenses of such
uncovering, exposure, observation, inspection and testing and of satisfactory
reconstruction. If, however, such WORK is not found to be defective, the
CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an
extension of the CONTRACT TIME, or both, directly attributable to such
uncovering, exposure, observation, inspection, testing and reconstruction and an
appropriate CHANGE ORDER shall be issued.
CORRECTION OF WORK
29.1
The CONTRACTOR shall promptly remove from the premises all WORK
rejected by the ENGINEER for failure to comply with the CONTRACT
DOCUMENTS, whether incorporated in the construction or not, and the
CONTRACTOR shall promptly replace and re-execute the WORK in accordance
with the CONTRACT DOCUMENTS and without expense to the TRIBE and
shall bear the expense of making good all WORK of other CONTRACTORS
destroyed or damaged by such removal or replacement.
29.2
All removal and replacement WORK shall be done at the CONTRACTOR'S
expense. If the CONTRACTOR does not take action to remove such rejected
WORK within ten (10) days after receipt of WRITTEN NOTICE, the TRIBE may
remove such WORK and store the materials at the expense of the
CONTRACTOR.
CHANGES IN THE WORK
30.1
The TRIBE may at any time, as the need arises, order changes within the scope of
the WORK without invalidating the Agreement. If such changes increase or
decrease the amount due (CONTRACT PRICE) under the CONTRACT
DOCUMENTS, or in the time required for performance (CONTRACT TIME) of
the WORK, an equitable adjustment shall be authorized by CHANGE ORDER.
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30.2
31.
CHANGES IN CONTRACT PRICE
31.1
32.
The ENGINEER or the TRIBAL CONTRACT REPRESENTATIVE may at any
time recommend issuance of a FIELD ORDER to the TRIBAL PROJECT
MANAGER to make changes in the details of the WORK. The CONTRACTOR
shall proceed with the performance of any changes in the WORK so ordered by
FIELD ORDER unless the CONTRACTOR believes that such FIELD ORDER
or an accumulation of FIELD ORDERS entitles the CONTRACTOR to a change
in CONTRACT PRICE or CONTRACT TIME, or both, in which event the
CONTRACTOR shall give the TRIBAL PROJECT MANAGER written notice
thereof within seven (7) days after the receipt of the ordered change. Thereafter
the CONTRACTOR shall document the basis for the change in CONTRACT
PRICE or CONTRACT TIME within thirty (30) days. The CONTRACTOR shall
not execute such changes pending the receipt of an executed CHANGE ORDER
or further instruction from the TRIBE. At its sole discretion, the TRIBE may
initiate preparation of a CHANGE ORDER from a single FIELD ORDER of any
multiple of FIELD ORDERS.
The CONTRACT PRICE may be changed only by a CHANGE ORDER. The
value of any WORK covered by a CHANGE ORDER or of any claim for increase
or decrease in the CONTRACT PRICE shall be determined by one or more of the
following methods in the order of precedence listed below:
a.
Unit prices previously approved; or
b.
An agreed lump sum; or
c.
The actual cost for labor, direct overhead, materials, supplies, equipment,
and other services necessary to complete the work. In addition there shall be
added an amount to be agreed upon but not to exceed fifteen (15%) percent of the
actual cost of the WORK to cover the cost of general overhead and profit.
DIFFERING SITE CONDITIONS
32.1
During progress of the WORK and before the affected WORK is performed, the
CONTRACTOR shall promptly, and before such conditions are disturbed, except
in the event of an emergency, notify the TRIBE by written notice of:
32.1.1
Preexisting subsurface or latent physical conditions encountered at
the site, differing materially from those indicated in the
CONTRACT DOCUMENTS; or
32.1.2
Preexisting unknown physical conditions encountered at the site,
of an unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent in the WORK of
the character provided for in the CONTRACT DOCUMENTS.
Written notice to the TRIBE shall occur within 3 days of the discovery of the
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event(s).
33.
34.
32.2
Upon written notification, the TRIBE in consultation with the ENGINEER, or
other specialists as may be required, shall promptly investigate the conditions, and
if it is found that the conditions materially differ and cause an increase or
decrease in the cost of, or in the time required for performance of any WORK
specified by the CONTRACT DOCUMENTS, an equitable adjustment, excluding
loss of anticipated profits, shall be made and the CONTRACT PRICE or the
CONTRACT TIME or both shall be modified by a CHANGE ORDER including
any appropriate modifications to the CONTRACT DOCUMENTS. The TRIBE
will notify the CONTRACTOR of the determination of whether or not an
adjustment of the CONTRACT PRICE or CONTRACT TIME is warranted.
32.3
Any claim of the CONTRACTOR for adjustment hereunder shall not be allowed
unless the CONTRACTOR has given the required written notice; provided that
the TRIBE may, if it determines the facts so justify, consider and adjust any such
claims asserted before the date of final payment.
USE AND POSSESSION PRIOR TO FINAL COMPLETION
33.1
The TRIBE shall have the right to take possession of or use any completed or
partially completed part of the WORK subsequent to SUBSTANTIAL
COMPLETION and prior to FINAL COMPLETION. Before taking possession
of or using any WORK, the TRIBE shall furnish the Contractor a list of items of
WORK remaining to be performed or corrected on those portions of the WORK
that the TRIBE intends to take possession of or use. However, failure of the
TRIBE to list any item of work shall not relieve the Contractor of responsibility
for complying with the terms of the contract. The TRIBE'S possession or use shall
not be deemed an acceptance of any WORK under the contract.
33.2
While the TRIBE has such possession or use, the Contractor shall be relieved of
the responsibility for the loss of or damage to the WORK resulting directly from
the TRIBE'S possession or use. If prior possession or use by the TRIBE delays
the progress of the WORK or causes additional expense to the Contractor, an
adjustment shall be made in the CONTRACT PRICE or the CONTRACT TIME
or both, and the contract shall be modified by CHANGE ORDER.
CLEANUP AND FINISH GRADING
34.1
The CONTRACTOR shall restore all areas disturbed by construction to a
condition at least equal to that existing prior to construction. Excess construction
materials, equipment, tools, waste excavation, and rubbish shall be removed.
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Excavated areas shall be finish graded to provide drainage as required by the
Contract Documents, or in the absence of specific requirements, to provide
drainage away from the facilities constructed and to restore original drainage
patterns in existence prior to construction and to provide drainage away from
excavated areas and installed facilities.
35.
MEASUREMENT AND PAYMENT
35.1
Completed items of work shall be measured and paid for in accordance with the
requirements listed in the Bid Form or Schedule. Payment shall be based on the
actual quantities completed and shall represent full compensation under the
contract. The price paid for the completed item of work shall include full
compensation for furnishing all labor, materials (other than that furnished by the
TRIBE), tools, equipment, and performing all work required by the provisions of
the contract to furnish and install the item of work, complete in place. In all cases,
the finished product shall be a complete, operational system or component. The
price for the completed item of work shall also include all applicable state and
local sales and other taxes.
For projects bid under a single lump sum price for the entire project, measurement
and payment shall be based on the estimated percentage of WORK completed for
each payment item in the approved schedule of values, as determined by the
TRIBAL PROJECT MANAGER and/or the TRIBAL CONTRACT
REPRESENTATIVE. The Contractor shall prepare the schedule of values
identifying the major items of work, with corresponding values that total to the
equivalent lump sum price.
36.
VARIATION IN ESTIMATED QUANTITIES
36.1
If the quantity of a unit-priced item in this CONTRACT is an estimated quantity
and the actual quantity of the unit-priced item varies more than 25 percent above
or below the estimated quantity, an equitable adjustment in the contract price shall
be made upon demand of either party. The equitable adjustment shall be based
upon any increase or decrease in costs due solely to the variation above 125
percent or below 75 percent of the estimated quantity. If the quantity variation is
such as to cause an increase in the time necessary for completion, the
CONTRACTOR may request, in writing, an extension of time, to be received by
the TRIBE within 10 days from the beginning of the delay, or within such further
period as may be granted by the TRIBE before the date of final settlement of the
CONTRACT. Upon the receipt of a written request for an extension, the TRIBAL
PROJECT MANAGER, in consultation with the ENGINEER, shall ascertain the
facts and make any appropriate adjustment for extending the PHYSICAL
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COMPLETION Date and/or the FINAL COMPLETION Date.
For projects bid under a single lump sum price for the entire project, The
Contractor shall also provide unit prices for the items identified in the Bid
Documents. In the event that work is added or deleted at the request of the
Skokomish Tribe, these unit prices shall be used as the basis for any proposed
change order.
37.
PAYMENTS TO CONTRACTOR
37.1
The CONTRACTOR will submit to the TRIBAL CONTRACT
REPRESENTATIVE a partial payment estimate completed and signed by the
CONTRACTOR covering the WORK performed during the period covered by the
partial payment estimate and supported by such data as the TRIBAL
CONTRACT REPRESENTATIVE may reasonably require. The request for
payment may also include an allowance for the cost of such major materials and
equipment which are suitably stored either at or near the site. If payment is
requested on the basis of materials and equipment not incorporated in the WORK
but delivered and suitably stored at or near the site, the partial payment estimate
shall also be accompanied by such supporting data, satisfactory to the TRIBE, as
will establish the TRIBE's title to the material and equipment and protect its
interest therein, including applicable insurance. The TRIBAL CONTRACT
REPRESENTATIVE will, within ten (10) days after receipt of each partial
payment estimate, either indicate in writing, approval of payment, or return the
partial payment estimate to the CONTRACTOR indicating in writing the reasons
for refusing to approve payment. In the latter case, the CONTRACTOR may
make the necessary corrections and resubmit the partial payment estimate. The
TRIBAL PROJECT MANAGER will, within ten (10) days of presentation from
the TRIBAL CONTRACT REPRESENTATIVE of an approved partial payment
estimate, authorize payment to the CONTRACTOR of a progress payment on the
basis of the approved partial payment estimate.
37.2
The TRIBE shall retain five percent (5%) of the amount of each payment until
FINAL COMPLETION and acceptance of all WORK covered by the
CONTRACT DOCUMENTS. When the WORK is substantially complete and all
WORKING DAYS or CALENDAR DAYS have been counted, the retained
amount may be reduced below five (5) percent to only that amount necessary to
assure PHYSICAL COMPLETION. Upon completion and acceptance of a part
of the WORK on which the price is stated separately in the CONTRACT
DOCUMENTS, payment may be made in full, including retained percentages less
authorized deductions.
37.3
No payments will be made that would deplete the retainage, place in escrow any
funds that are required for retainage, or invest the retainage for the benefit of the
CONTRACTOR.
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38.
37.4
Upon receipt by the TRIBE of the CONTRACTOR’s Final Pay Request and
FINAL COMPLETION and acceptance of the WORK, the ENGINEER shall
issue a certificate that the WORK has been accepted by him under the conditions
of the CONTRACT DOCUMENTS. The entire balance found to be due the
CONTRACTOR including the retained percentages, but except such sums as may
be lawfully retained by the TRIBE, shall be paid to the CONTRACTOR within
thirty (30) days of FINAL COMPLETION and acceptance of the WORK.
37.5
The CONTRACTOR will indemnify and save the TRIBE or the TRIBE'S agents
harmless from all claims growing out of the lawful demands of
SUBCONTRACTORS, laborers, workmen, mechanics, material men, and
furnishers of machinery and parts thereof, equipment, tools, and all supplies,
incurred in the furtherance of the performance of the WORK.
The
CONTRACTOR shall at the TRIBE'S request, furnish satisfactory evidence that
all obligations of the nature designated above have been paid, discharged, or
waived. If the CONTRACTOR fails to do so the TRIBE may, after having
notified the CONTRACTOR, either pay unpaid bills or withhold from the
CONTRACTOR'S unpaid compensation a sum of money deemed reasonably
sufficient to pay any and all such lawful claims until satisfactory evidence is
furnished that all liabilities have been fully discharged whereupon payment to the
CONTRACTOR shall be resumed, in accordance with the terms of the
CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence
be construed to impose any obligations upon the TRIBE to either the
CONTRACTOR, his Surety, or any third party. In paying any unpaid bills of the
CONTRACTOR, any payment so made by the TRIBE shall be considered as a
payment made under the CONTRACT DOCUMENTS by the TRIBE to the
CONTRACTOR and the TRIBE shall not be liable to the CONTRACTOR for
any such payments made in good faith.
37.6
If the TRIBE fails to make payment thirty (30) days after approval by the
TRIBAL CONTRACT REPRESENTATIVE, in addition to other remedies
available to the CONTRACTOR, there shall be added to each such payment
interest at the maximum legal rate commencing on the first day after said payment
is due and continuing until the payment is received by the CONTRACTOR.
ASSIGNMENTS
38.1
39.
Neither the CONTRACTOR nor the TRIBE shall sell, transfer, assign or
otherwise dispose of the CONTRACT or any portion thereof, or of his right, title
or interest therein, or his obligations thereunder, without written consent of the
other party.
GUARANTY
39.1
Where allowed by law, the CONTRACTOR shall guarantee all materials and
equipment furnished and WORK performed for a period of one (1) year from the
date of PHYSICAL COMPLETION of the system that the completed system is
(REVISED 03/03/2016)
General Conditions
Page 24 of 28
Skokomish Indian Tribe Construction General Conditions
free from all defects due to faulty materials or workmanship and the
CONTRACTOR shall promptly make such corrections as may be necessary by
reason of such defects including the repairs of any damage to other parts of the
systems resulting from such defects. The TRIBE will give notice of observed
defects with reasonable promptness. In the event that the CONTRACTOR should
fail to make such repairs, adjustments, or other WORK that may be made
necessary by such defects, the TRIBE may do so and charge the CONTRACTOR
the cost thereby incurred. The performance BOND shall remain in full force and
effect through the guarantee period.
40.
ACCEPTANCE OF FINAL PAYMENT AS RELEASE
40.1
41.
The acceptance by the CONTRACTOR of final payment shall be and shall
operate as a release to the TRIBE of all claims and all liability to the
CONTRACTOR other than claims in stated amounts as may be specifically
excepted by the CONTRACTOR for all things done or furnished in connection
with this WORK and for every act and neglect of the TRIBE and others relating
to or arising out of this WORK. Any payment, however, final or otherwise, shall
not release the CONTRACTOR or his sureties from any obligations under the
CONTRACT DOCUMENTS or the performance BOND and Payment BONDS.
ROLE AND AUTHORITY OF TRIBAL PROJECT MANAGER, TRIBAL
CONTRACT REPRESENTATIVE, AND ENGINEER
41.1
The TRIBAL CONTRACT REPRESENTATIVE shall act as the TRIBE'S on-site
representative during the construction period. He or she shall assist the TRIBAL
PROJECT MANAGER to coordinate overall project operations and interpret the
CONTRACT DOCUMENTS in a fair and unbiased manner. The TRIBAL
PROJECT MANAGER is responsible for the administrative aspects of the
CONTRACT DOCUMENTS including payments, CHANGE ORDERS, dispute
resolution, compliance for administrative document submittals, and reporting.
41.2
The TRIBAL CONTRACT REPRESENTATIVE shall also assist the
ENGINEER in order to make a fair interpretation of design intent and to decide
questions which may arise as to quality and acceptability of materials furnished
and WORK performed. The ENGINEER will make visits to the site and
determine if the WORK is proceeding in accordance with the CONTRACT
DOCUMENTS.
41.3
The CONTRACTOR will be held strictly to the CONTRACT DOCUMENTS in
regard to the quality of materials, workmanship and execution of the WORK.
Inspections may be made at the factory or fabrication plant of the source of
material supply.
(REVISED 03/03/2016)
General Conditions
Page 25 of 28
Skokomish Indian Tribe Construction General Conditions
42.
41.4
The ENGINEER, TRIBAL CONTRACT REPRESENTATIVE, OR the TRIBAL
PROJECT MANAGER will not be responsible for the construction means,
controls, techniques, sequences, procedures, or construction safety used by the
CONTRACTOR or his or her agents, representatives or employees.
41.5
The ENGINEER does not have authority to obligate the TRIBE to changes in the
terms of the CONTRACT.
RECORDS
42.1
43.
JUDICIAL REVIEW
43.1
44.
For all negotiated contracts and negotiated modifications, the TRIBE shall have
access to any books, documents, papers, and records of the CONTRACTOR,
which are pertinent to the CONTRACT, for the purpose of making audits,
examinations, excerpts and transcriptions. CONTRACTOR shall maintain all
required records for three years after final payment is made and all other pending
matters are closed.
See Section 20 in the Contract for Good and/Or Services.
SITE CONDITIONS
44.1 WORK is to be performed on the SKOKOMISH INDIAN
RESERVATION,
Mason County, near Shelton, Washington and accessible
from U.S. Highway 101. The
CONTRACTOR shall exercise caution in all
construction activities to ensure minimal
impact to Tribal and Washington
State Parks property.
45.
LIMITATION ON USE OF SITE AND OTHER AREAS
45.1
CONTRACTOR shall confine construction equipment, the storage of materials
and equipment, and the operations of workers to the site and other areas permitted
by applicable laws and regulations, and shall not unreasonably encumber the site
and other areas with construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any damage to any such land
or area, or to the TRIBE or occupant thereof, or of any adjacent land or areas
resulting from the performance of the WORK.
(REVISED 03/03/2016)
General Conditions
Page 26 of 28
Skokomish Indian Tribe Construction General Conditions
45.2
46.
DAYS OF WORK
46.1
47.
Should any claim be made by any such occupant because of the performance of
the WORK, CONTRACTOR shall promptly settle with such other party by
negotiation or otherwise resolve the claim by arbitration or other dispute
resolution proceeding or at law.
WORK shall not be normally permitted on Saturdays, Sundays, or Federal and
Tribal Holidays. The CONTRACTOR may submit a written request to the
TRIBE at least forty-eight (48) hours in advance, for permission to work on any
Saturday, Sunday, or Federal or Tribal Holiday. Tribal Holidays included are
Washington American Indian Day and Point No Point Treaty Day. Written
approval must be obtained before the CONTRACTOR may work on any such
day.
PRE-CONSTRUCTION CONFERENCE AND PROJECT MEETINGS
47.1
Prior to commencing WORK under this Agreement, the CONTRACTOR shall be
required to participate in a pre-construction conference with the TRIBE and the
TRIBE representatives. The purpose of this conference will be to discuss the
authorities, duties, and responsibilities of parties involved and to plan operating
procedures mutually satisfactory to those involved. It will also present an
opportunity to resolve any questions regarding performance under the Contract
which have not been previously resolved. A construction schedule and safety
plan (per OSHA requirements) submitted by the CONTRACTOR shall be
discussed and revised as necessary at the pre-construction conference.
47.2 To enable orderly review of progress during construction and to provide
for
systematic discussion of problems, the TRIBAL CONTRACT
REPRESENTATIVE may conduct project meetings throughout the
construction period. In general, project
meetings may be held monthly, or
more often, in accordance with a mutually agreeable
schedule.
The
purpose of the meetings is to analyze problems that might arise relative to
execution of the WORK. Persons designated by the CONTRACTOR to attend
and
participate in the project meetings shall have all the required authority to
commit the CONTRACTOR to solutions as agreed upon in the project
meetings. To the maximum extent practicable, project meetings shall be held at
the construction site and physical
notes shall be taken by all parties present.
(REVISED 03/03/2016)
General Conditions
Page 27 of 28
Skokomish Indian Tribe Construction General Conditions
48.
QUALIFICATIONS AND REFERENCES
48.1
The TRIBE will review CONTRACTOR qualifications and references as part of
the award selection process. For a bid to be considered responsive, the
CONTRACTOR must demonstrate satisfactory completion of the minimum
number of similar installations in Washington, as specified in the applicable
technical specifications. References shall include TRIBE contact information and
description for each facility to be considered for this requirement. In addition, the
qualifications of the responsible manufacturer must also be included. As a
minimum, the individual licenses in the State of Washington must have applicable
construction experience for the required facilities in the State of Washington. The
TRIBE reserves the right to waive these requirements when making an award.
(REVISED 03/03/2016)
General Conditions
Page 28 of 28
ROUTING SLIP
1. Open Google Drive and download appropriate template in Microsoft Word Format.
2. Email the completed draft document with attachments (including a Form W-9) to the Legal
Department for review.
3. Is the project subject to competitive bid requirements? If yes, please also email proof of
compliance to Legal (e.g. RFQ, RFP, Published Ad etc.).
4. Upon approval by the Legal Department as to form, the document will be assigned a
tracking number and returned by email for signatures.
5. Print out the document with attachments and have the Vendor sign.
6. Route the document with attachments to the Chief Financial Officer for review and possible
signature.
7. Route the document with attachments to the Chief Executive Officer or Chair for review
and possible signature.
8. Lastly, route the document to the Tribal Attorney, for review and possible signature. The
document will be scanned and the requesting Tribal Department will be emailed a copy in
PDF format. The Legal Department will forward the original document to Accounting.
USE THIS AS ROUTING SLIP:
Requesting Department’s
Point of Contact
________________________________
(Printed Name)
(INITIAL)
Vendor
__________
CFO
__________
CEO or Chair
__________
Tribal Attorney
__________
Scanned to database
__________
Emailed
__________
Original to Accounting
__________
SKOKOMISH INDIAN TRIBE
Skok T3ba’das Phase 2 Housing Development
SECTION I
CALL FOR SEALED BIDS
SKOKOMISH INDIAN TRIBE
t3ba’das Ph2 Housing Development
REQUEST FOR BID (RFB)
February 9, 2026
TABLE OF CONTENTS
TABLE OF CONTENTS
1.0
REQUEST FOR BID (RFB) FOR SKOKOMISH INDIAN TRIBE - t3ba’das Ph2 Housing
Development
2.0
SPECIAL CONSIDERATIONS
3.0
SINGLE POINT OF CONTACT
4.0
RFP SUBMITTAL TERMS
5.0
TYPE OF BID
6.0
PRE-BID CONFERENCE, SITE VISIT, QUESTIONS
7.0
BID CONTENT & REQUIREMENTS
8.0
PREQUALIFICATION
9.0
EVALUATION CRITERIA
10.0
SELECTION PROCESS
11.0
OWNER’S RIGHT TO REJECT BIDS
12.0
OWNER’S BEST INTEREST
13.0
INSURANCE REQUIREMENTS
14.0
BID AND CONTRACT SECURITY, PAYMENT AND PERFORMANCE BONDS
15.0
COMPLIANCE WITH STANDARDS
16.0
TARGET SCHEDULE OF EVENTS
17.0
SOVEREIGN IMMUNITY; JURISDICTION AND VENUE; CHOICE OF LAWS; ENFORCEMENT
EXPENSES
The following attachments are incorporated by reference herein:
ATTACHMENT A – COVER SHEET
ATTACHMENT B – BID FORM
ATTACHMENT C – MASTER CONTRACT (DRAFT)
ATTACHMENT D – COVER SHEET
1.0
REQUEST FOR BID (RFB) FOR t3ba’das Ph2 Housing Development
The Skokomish Indian Tribe is soliciting bids for the t3ba’das Phase 2 Housing Development Project,
which provides for constructing a 21-lot housing development on the Skokomish Indian Tribe
Reservation. Grading, stormwater collection, roadway construction along with the extension of
watermain, gravity sewer with a lift station work will be required. A second phase of this project will be
bid at a later date to include concrete work, electrical and lighting and any finishing work. Installation
will require site stabilization and coordination with the Mason County PUD, all in accordance with the
attached Contract Plans, these Contract Provisions, and the Standard Specifications. This project is
federally funded through a Housing and Urban Development (HUD) grant and must comply with Build
America Buy America (BABA) and American Iron and Steel (AIS) requirements as described in the
Master Contract (Draft) provided as Attachment A. The Skokomish Indian Tribe reserves the right to
revise this Master Contract (Draft) as part of the bidding and contracting process.
2.0
3.0
SPECIAL CONSIDERATIONS
2.1
Upon awarding this contract to the successful bidder, this RFB will be referenced and
incorporated as an attachment to the contract between both parties.
2.2
Bidders must provide a detailed work schedule.
2.3
Other: N/A.
SINGLE POINT OF CONTACT
The Single Point of Contact for this solicitation is:
bkellogg@skokomish.org
4.0
RFB SUBMITTAL TERMS
4.1
Complete sealed bids must be received at the:
Community Development Office (CDO)
Skokomish Indian Tribe
N. 80 Tribal Center Road
Skokomish, WA 98584
No later than:
Bid Due Date and Time:
Friday March 13, 2026 at 1:00pm
5.0
4.2
Late bids will not be accepted.
4.3
Sealed bids shall be marked: “BID – t3ba’das Ph2” and time and date stamped by the
member of staff who received them.
4.4
Two hard copies of the bid must be submitted in a sealed envelope by the Bid Due Date
and Time listed above.
TYPE OF BID
PF SF SLD-20000-RFB (2025 08-11 v.1)
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The bid shall be for the entire project including labor, materials, equipment, permitting, etc. – all in
accordance with the Scope of Work provided in Attachment A – Master Contract (Draft).
6.0
PRE-BID CONFERENCE, SITE VISIT, QUESTIONS
Potential bidders are required to participate in a Pre-Bid Meeting. The Pre-Bid Meeting is
mandatory and is scheduled on February 17, 2026, at 10:00 am. For more information or
exceptions please contact the Single Point of Contact.
Questions about the RFB must be submitted via e-mail or in writing to the Single Point of Contact
Brent Kellogg bkellogg@skokomish.org on or before: February 27, 2026 by 3:00 pm.
No additional project questions will be addressed after this date.
A Response addendum with all questions received and Skokomish Indian Tribe’s responses will be
posted on the BXWA no later than Friday by the end of the day until deadline is reached. It is the
responsibility of each bidder to check this website for Addenda or updates about the project.
7.0
BID CONTENT & REQUIREMENTS
Bids should demonstrate that the Bidder has the professional capability and availability to
satisfactorily and timely complete all the tasks as described in this RFB. Responses should include:
8.0
The Bidder’s legal name, address, telephone number and principal contact e-mail address.
The experience, qualifications, and roles of all staff to be assigned to the project.
Description of the bidder’s prior experience, including any similar projects, location of
those project(s), and total construction costs.
Experience with governmental projects and reporting requirements for such projects.
Proposed staffing for the project.
Any concerns regarding proposed method of administration, construction, or schedule.
Description of the bidder’s current work activities and how these will be coordinated with
the project, as well as the bidder’s anticipated availability during the term of the project.
The proposed work plan and schedule for activities to be performed.
A Schedule of Values.
Attachment B – Project Bid Form Packet.
Attachment C – Non-Collusion Affidavit.
Attachment D – Request for Bid (RFB) Cover Sheet.
PREQUALIFICATION
PF SF SLD-20000-RFB (2025 08-11 v.1)
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Bids need to include a minimum of three references that are knowledgeable regarding the bidder’s
recent performance on projects, including client’s name, location where services were provided,
contact person(s), contact telephone number, contact e-mail address, and a complete description of
services provided, including dates of service. These references may be contacted to verify a
bidder’s ability to fulfil the contract. The Skokomish Indian Tribe reserves the right to use any
information or additional references deemed necessary to establish the ability of the bidder to
perform the contract. Negative references may be grounds for bid disqualifications.
9.0
EVALUATION CRITERIA
Submitted bids will be evaluated and scored according to the following factors:
• Demonstrated experience with this type of work – 15 Points
• Demonstrated quality of work – 15 Points
• Cost – 20 Points
• Schedule – 10 Points
• Bidder’s integrity/references – 10 Points
• Demonstrated experience with permitting agencies in the Hood Canal Region – 10 Points
• Adequacy/quality of staff and equipment proposed – 10 Points
• Tribal Preference – 10 Points
All bids will be evaluated using Evaluation Criteria provided above and what is in the best interest of
the Skokomish Indian Tribe. The highest-ranking bidder will be identified and announced after the
selection committee completes review of all bids. Bidders are instructed not to proceed until a signed
contract is executed by both parties. A bidder who proceeds prior to executing a contract or Notice to
Proceed does so at its own risk and will be liable for any and all damage caused.
10.0
SELECTION PROCESS
Bids are scheduled for opening at 1:00 pm on Friday March 13, 2026.
Upon receipt of the bids, selection committee members will evaluate all responsive bids and assign
scores based on the evaluation criteria stated above. The highest-ranking bidder may be asked to attend
an interview, or the Skokomish Indian Tribe may opt to open direct negotiations with the highestranking bidder that presents the most qualified, highest scoring proposal. If interviews are conducted,
finalists are encouraged to bring renderings/photos of related examples of work and any other pertinent
past project information.
Contract negotiations will commence with the highest-ranking bidder. The contract will be awarded
upon reaching an appropriate price for the work to be done. If an appropriate agreement cannot be
reached with the highest-ranked bidder, the second-ranked bidder will be approached, and so on.
Unsuccessful bidders will be notified as soon as possible.
PF SF SLD-20000-RFB (2025 08-11 v.1)
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This solicitation is being offered in accordance with federal and state statues governing procurement of
construction contracts, in addition to the laws of the Skokomish Indian Tribe. Accordingly, the
Skokomish Indian Tribe reserves the right to negotiate an agreement based on fair and reasonable
compensation for the scope of work and services proposed, as well as the right to reject any and all
responses deemed unqualified, unsatisfactory, or inappropriate.
Skokomish Indian Tribe reserves the right to increase the scope of work with the selected bidder as a
long as the increase is within the bidder’s ability. Payment and contract terms will be negotiated with
the selected bidder.
11.0
OWNER’S RIGHT TO REJECT BIDS
The Skokomish Indian Tribe reserves the right to waive irregularities and to reject any or all bids. The
Skokomish Indian Tribe shall select a preferred bidder based on best value to the project and pursuant
to Skokomish’s best interest.
12.0
OWNER’S BEST INTEREST
While Skokomish Indian Tribe has every intention to award a contract resulting from this RFB,
issuance of the RFB in no way constitutes a commitment by the Skokomish to award and execute a
contract. Upon a determination such actions would be in its best interest, the Skokomish Indian Tribe,
in its sole discretion, reserves the right to:
Cancel or terminate this RFB; or
Reject any or all proposals received in response to this RFB; or
Not award a contract, if it is in the Skokomish Indian Tribes best interest not to proceed with
contract execution; or
If awarded, terminate any contract if the Skokomish Indian Tribe determines adequate funds are
not available.
This RFB does not commit the Skokomish Indian Tribe to pay costs incurred in the preparation of a bid.
13.0
INSURANCE REQUIREMENTS
Insurance is required as set forth in Attachment A – Master Contract (Draft).
14.0
BID AND CONTRACT SECURITY, PAYMENT, AND PERFORMANCE BONDS
Bid and Contract Security, Payment, Performance, and/or other Bonds are required as set forth in
Attachment A – Master Contract (Draft).
15.0
COMPLIANCE WITH STANDARDS
This project must comply with all federal, state, and Skokomish labor standards as applicable,
including but not limited to compliance with:
Davis-Bacon Wages and/or other applicable prevailing wage labor standards.
PF SF SLD-20000-RFB (2025 08-11 v.1)
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Buy American Build American.
Indian Preference.
Other: N/A.
16.0
TARGET SCHEDULE OF EVENTS
EVENT
RFB Issued
TIME
DATE
February 9, 2026
Mandatory Site Visit
10:00 am
February 17, 2026
Written Questions due
Addendum with Questions & Answers Issued
Bid Due Date and Time
Bid Opening and Review Begins
Notice of Intent to Award is issued
3:00 pm
3:00 pm
1:00 pm
1:05 pm
February 27, 2026
March 6, 2026
March 13, 2026
March 13, 2026
TBD
The date the contract is duly
executed by both parties.
Anticipated Date:
TBD
As described in the Notice to
Proceed Letter sent to Contractor.
TBD
Intended Date for Notice to Proceed
Work Begins
Work Complete
17.0
SOVEREIGN IMMUNITY; JURISDICTION AND VENUE; CHOICE OF LAWS; ENFORCEMENT
EXPENSES
Notwithstanding any other terms or provisions of this RFB and any subsequent executed contract, the
bidders and contractor understand and agree that the Skokomish Indian Tribe, by posting this RFB and/or
entering into subsequent contracts, the Skokomish Indian Tribe does not waive its sovereign immunity from
suit, nor does it waive, alter, or otherwise diminish its sovereign rights, privileges, remedies, or services
guaranteed by federal law.
As further set forth in Attachment A – Master Contract (Draft).
END OF RFB
PF SF SLD-20000-RFB (2025 08-11 v.1)
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ATTACHMENT A
COVER SHEET
REQUEST FOR BID (RFB)
RFB Title: t3ba’das Ph2 Housing Development
Bid Due Date and Time:
Friday March 13, 2026 at 1:00pm
Issue Date:
February 9, 2026
ISSUING SKOKOMISH DEPARTMENT INFORMATION
Community Development Office (CDO)
Skokomish Indian Tribe
N. 80 Tribal Center Road
Skokomish, WA 98584
Single Point of Contact: Brent Kellogg, Skokomish Indian Tribe Construction Manager,
Tel.: (360) 426-4232 ext. 2060, Cell: N/A, Email: bkellogg@skokomish.org
INSTRUCTIONS TO BIDDERS
Submit Sealed Bid to:
Brent Kellogg, Construction Manger
Community Development Office (CDO)
Skokomish Indian Tribe
N. 80 Tribal Center Road
Skokomish, WA 98584
Mark Face of Sealed Envelope/Package with:
“Bid – Title: t3ba’das Ph2 Housing
Development
Special Instructions:
Two hard copies of the complete bid must be submitted in a sealed envelope by the Bid Due Date
and Time listed above.
BIDDERS MUST COMPLETE THE FOLLOWING
Bidder’s Name/Address:
(Print Name and Title)
(Signature)
By submitting a bid, Bidder acknowledges it
understands and will comply with the RFB
specifications and requirements.
Type of Entity:
Phone Number:
E-mail Address:
Fax Number:
BIDDER MUST RETURN THIS COVER SHEET WITH THE BID
ATTACHMENT B
PROJECT BID FORM PACKET
SEE ATTACHED BID FORM.
It shall be noted that by signing and submitting this Bid Form you are agreeing to honor the completed
competitive bid for a period of up to 180 days from the date this form was prepared.”
BID FORM
Date:
Skokomish Indian Tribe
To:
Skokomish Nation, Washington
Phase 2 Housing Development
Bid #
Quantity
Unit
Standard Item # Item Description
Unit Price
Total Price
Unit Price
Total Price
Unit Price
Total Price
Unit Price
Total Price
Unit Price
Total Price
PREPARATION
1
1
L.S.
2
1
L.S.
Bid #
Quantity
Unit
0001
MOBILIZATION
0035/SPECIAL CLEARING AND GRUBBING
Item ID
Item Description
GRADING
3
15
CY
0408
SELECT BORROW INCL HAUL
Bid #
Quantity
Unit
Item ID
Item Description
DRAINAGE
4
3
EACH
1100
FLARED END SECTION 12 IN. DIAM.
5
27
C.Y.
1072
HAND PLACED RIPRAP
Bid #
Quantity
Unit
Item ID
Item Description
STORM SEWER
6
26
EACH
3091
CATCH BASIN TYPE 1
7
5
EACH
3105
CATCH BASIN TYPE 2 48 IN. DIAM.
8
2056
L.F.
3577
SOLID WALL PVC STORM SEWER PIPE 12 IN. DIAM.
Bid #
Quantity
Unit
Item ID
Item Description
SANITARY SEWER
9
1
EACH
SPECIAL
10
2
EACH
3640
6" SEWER CLEANOUT
11
3507
L.F.
3152
TESTING SEWER PIPE
12
1380
L.F.
3766
PVC SANITARY SEWER PIPE 4 IN. DIAM.
LIFT STATION
1
13
3130
L.F.
3767
PVC SANITARY SEWER PIPE 8 IN. DIAM.
14
565
L.F.
SPECIAL
FORCE MAIN LINE 2" PVC
Bid #
Quantity
Unit
Item ID
Item Description
Unit Price
Total Price
WATER
15
5
EACH
6155
GATE VALVE 6 IN.
16
2
EACH
6160
GATE VALVE 8 IN.
17
2
EACH
3837
COMB. AIR RELEASE/AIR VACCUM VALVE ASSEMBLY 2 IN.
18
5
EACH
3846
HYDRANT ASSEMBLY
19
1000
EACH
3861
SERVICE CONNECTION 1-1/2 IN. DIAM.
20
105
L.F.
3866
DUCTILE IRON PIPE FOR WATER MAIN6 IN. DIAM.
21
1825
L.F.
3935
PVC PIPE FOR WATER MAIN 8 IN. DIAM.
22
2
EACH
SPECIAL
LIVE TAP CONNECTION
23
21
EACH
SPECIAL
1 1/2 IN. SERVICE METER
Bid #
Quantity
Unit
Item ID
Item Description
Unit Price
EROSION CONTROL AND PLANTING
24
2,745
L.F.
6479
WATTLE
25
225
S.Y.
6468
STABLIZED CONSTRUCTION ENTRANCE
26
34,045
S.Y.
6455
EROSION CONTROL BLANKET
27
16
EACH
SPECIAL
ROCK CHECK DAM
TOTAL BID:
2
Total Price
ATTACHMENT C
MASTER CONTRACT (DRAFT)
ROUTING SLIP
1. Open Google Drive and download appropriate template in Microsoft Word Format.
2. Email the completed draft document with attachments (including a Form W-9) to the Legal
Department for review.
3. Is the project subject to competitive bid requirements? If yes, please also email proof of
compliance to Legal (e.g. RFQ, RFP, Published Ad etc.).
4. Upon approval by the Legal Department as to form, the document will be assigned a
tracking number and returned by email for signatures.
5. Print out the document with attachments and have the Vendor sign.
6. Route the document with attachments to the Chief Financial Officer for review and possible
signature.
7. Route the document with attachments to the Chief Executive Officer or Chair for review
and possible signature.
8. Lastly, route the document to the Tribal Attorney, for review and possible signature. The
document will be scanned and the requesting Tribal Department will be emailed a copy in
PDF format. The Legal Department will forward the original document to Accounting.
USE THIS AS ROUTING SLIP:
Requesting Department’s
Point of Contact
________________________________
(Printed Name)
(INITIAL)
Vendor
__________
CFO
__________
CEO or Chair
__________
Tribal Attorney
__________
Scanned to database
__________
Emailed
__________
Original to Accounting
__________
SKOKOMISH INDIAN TRIBE
Skokomish Legal Department Contract Number:
Skokomish Indian Tribe Contract Term:
Skokomish Indian Tribe Project Name:
Skokomish Indian Tribe Requesting Department:
Skokomish Indian Tribe Supporting Resolution(s):
Skokomish Indian Tribe Revenue Source Code:
Prevailing Wage(s)
CONTRACT FOR GOODS AND/OR SERVICES
This Contract for Goods and/or Services (hereinafter the “Contract”) is entered into by the
Skokomish Indian Tribe (hereinafter the “Tribe”), a federally recognized Indian Tribe, and
(hereinafter the “Vendor”).
1. Description of Goods and/or Services: The Vendor in accordance with and subject to
the terms, provisions, conditions, warranties, and representations contained in this Contract
shall provide the goods and/or services described in Exhibit A. Any reference to goods
and/or services shall also include: goods; services; goods and services; and any moveable
or immovable work, structure, or construction being produced or actually produced from
the performance of this Contract.
2. Contract Price; Schedule: The Tribe agrees to compensate the Vendor for the provided
goods and/or services at the price (hereinafter the “Contract Price”) and on the schedule
described in Exhibit A, subject to any additions or deductions provided for in this Contract.
The Tribe may also withhold payment for:
2.1
Defects: The goods and/or services are found to be defective and the defect is not
remedied to the satisfaction of the Tribe.
2.2
Unsatisfactory Performance:
The Tribe determines that the Vendor’s
performance is unsatisfactory and not consistent with the terms, provisions,
conditions, warranties, and representations contained in this Contract.
2.3
Issue(s) of Legal Compliance; and Payment(s): The Vendor fails to comply with
any applicable laws, ordinances, rules, regulations, and orders of all public
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authorities including federal, state and Skokomish Tribal authorities and/or the
Vendor fails to pay any applicable tax, license fee, permit fee, other fees or
royalties.
2.4
Issue(s) of Other Payment(s): The Vendor does not make prompt and proper
payments to subcontractors. The Vendor does not make prompt and proper
payments for labor, materials or equipment furnished to the Vendor. Claims and/or
liens are filed.
3. Records Maintenance by the Vendor: The Vendor shall maintain adequate financial
records in accordance with generally accepted accounting practices, for a period of no less
than seven (7) years following the completion, expiration or termination of this Contract,
such that the Parties can clearly and easily identify all claimed charges, costs and expenses
and the relatedness to this Contract. Within thirty (30) days of a request by the Tribe, the
Vendor shall provide an unredacted copy of the financial records to the Tribe.
4. Time is of the Essence/Performance Dates: The Vendor agrees that time is of the essence
for performance of this Contract. Failure by the Vendor to timely deliver the goods and/or
timely complete the services shall constitute a material breach of this Contract.
Performance under this Contract shall commence on
and shall continue until
delivery of the goods and/or completion of the services described in Exhibit A, but in any
case no later than
; subject, however, to an earlier termination (see Section 6) or a
written extension (see Section 17). The following clauses shall survive the completion,
expiration, and/or termination of this Contract:
Select One Option Only:
4.1 No Liquidated Damages Clause: No liquidated damages clause is provided in
this Contract, but nothing shall preclude the Tribe from seeking liquidated damages
or any other relief for nonperformance, late performance or defective performance
by the Vendor.
4.2 Liquidated Damages Clause: The Vendor agrees to pay the Tribe $_________
US per day liquidated damages for each consecutive day required to deliver the
goods and/or complete the services beyond the completion date set forth in Section
4. The liquidated damages clause is agreed upon because of the impracticability
and extreme difficulty of fixing and ascertaining the true value of the damages
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which the Tribe will sustain by failure of the Vendor to deliver the goods and/or
complete the services on time. Examples of potential damages include but are not
limited to loss of revenue, service charges, interest charges, delays caused to other
activities of the Tribe, and other damages many of which are indefinite and not
susceptible of easy proof. The liquidated damages amount is agreed to be a
reasonable estimate of the amount of damages which the Tribe will sustain and the
liquidated damages amount shall be deducted from any monies due or that may
become due to the Vendor, and if these monies are insufficient to cover the
liquidated damages, then the Vendor shall pay the amount of the difference. Such
sum is liquidated damages and shall not be construed as a penalty.
5. Contract Representatives: The contract representatives under this Contract include:
5.1
The Tribe’s Contract Representative:
is designated the Tribe’s Contract
Representative for the purposes of this Contract and shall provide general
administration of this Contract for the Tribe.
5.2
The Vendor’s Contract Representative:
is designated the Vendor’s
Contract Representative for the purposes of this Contract and shall provide general
administration of this Contract for the Vendor.
The Contract Representatives may be replaced from time to time and upon written notice.
6. Termination: This Contract may be terminated as follows:
6.1
The Tribe: The Tribe may terminate this Contract with or without cause at any
time. The Tribe shall provide notice to the Vendor’s Contract Representative by
email or in writing by mail, first-class, postage prepaid. The notice shall include
the termination date for the Contract and shall be effective immediately upon
emailing or mailing unless a later termination date is provided in the notice. The
Tribe shall pay for all goods and/or services provided in accordance with the terms,
provisions, conditions, warranties, and representations of this Contract up to the
date of termination of the Contract.
6.2
The Vendor: The Tribe and the Vendor agrees as follows:
SELECT ONE OPTION ONLY:
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6.2.1
Limited Termination Rights: The Vendor may terminate this
Contract only as provided in Section 6.3 and/or Section 6.4 of this
Contract.
6.2.2
General Termination Rights: The Vendor may terminate this
Contract with or without cause. The Vendor shall provide notice by
email or in writing by mail, first-class, postage prepaid to the Tribe’s
Contract Representative and the Skokomish Legal Department at
least fourteen (14) days prior to termination of this Contract. The
Vendor shall deliver all goods and/or perform all services in
accordance with and subject to the terms, provisions, conditions,
warranties, and representations of this Contract up to the date of
termination of this Contract.
6.3
Limiting Events – Force Majeure: The Vendor may terminate this Contract due
to a cause beyond the control of the Vendor which materially impairs the Vendor’s
ability to comply with the terms, provisions, conditions, warranties, and
representations of this Contract. The agreed upon causes beyond the control of the
Vendor include only: acts of God; acts of war or civil unrest; disease or pandemic;
strike; impossibility; frustration of purpose; governmental funding or budgeting
constraints; waiver; expiration of the applicable limitation period; and/or breach or
nonperformance by the Tribe.
6.4
Mutual Agreement: The Parties may mutually agree to terminate this Contract at
any time; however, such agreement must be in a writing and signed by the Tribe
and Vendor in order to be valid.
7. The Vendor is an Independent Contractor – No Withholdings – Not an Employee of
The Tribe – Responsible for Expenses Unless Expressly Authorized in Exhibit A:
Under this Contract and during the time of performance and any time thereafter, the Vendor
is acting as an independent contractor for all purposes. The Tribe will not deduct
employment insurance, federal withholding tax, social security insurance, payroll taxes or
any other taxes, charges, or assessments from the agreed fees. The Tribe will not provide
social security, labor and industries insurance, unemployment insurance, or any other
insurance or benefit to the Vendor except as specifically required by federal law or laws of
the Tribe. The Vendor shall not have any rights as an employee of the Tribe, and no
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employee-employer relationship is established by this Contract. The Vendor is responsible
for reporting any and all income to the applicable federal, state, or tribal agencies. The
Vendor is responsible for any and all taxes associated with this income. The Vendor shall
be responsible for all expenses incurred while performing services under this Contract
unless expressly authorized in Exhibit A.
8. General Compliance: The Tribe and the Vendor agree to the following:
8.1
Legal Compliance: The Vendor shall: comply with applicable laws, ordinances,
rules, regulations, and orders of all public authorities including federal, state, local,
and tribal during the performance of this Contract; and promptly notify the Tribe
of any violations thereof.
8.2
Equal Opportunity Employer – Nondiscrimination: The Vendor agrees to
comply with all applicable equal opportunity and nondiscrimination laws, as well
as related statutes and regulations, including but not limited to Title VI of the Civil
Rights Act of 1964. The Vendor shall provide for Indian Preference, unless
prohibited by law. The Vendor agrees to comply with any TERO contracting
requirements that the Tribe may enact, subject to federal and/or state funding
restrictions.
8.3
Safety Standards: The Vendor shall at all times conform to current industry safety
standards during the performance of this Contract.
8.4
Background Investigations: The Vendor authorizes the Tribe and/or its agents to
make an independent investigation of the Vendor’s background. The Vendor
expressly authorizes release of background information about the Vendor, without
restriction or qualification, held by the following persons and entities: all persons;
schools; current and prior clients, employers and employees; public and private
entities; credit bureaus; financial institutions; courts; law enforcement agencies;
armed forces; employment commissions; all government and nongovernmental
agencies; and any other entities with knowledge of the Vendor’s background. The
Vendor voluntarily waives all recourse against, and releases the requested persons
and entities from liability for complying with this authorization.
Conflicts of Interests: The Vendor shall disclose to the Tribe, prior to delivery of
any goods or commencement of any services, any former, actual or potential
conflicts of interests in writing. If during performance under this Contract, a
8.5
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conflict of interest arises, the Vendor shall disclose to the Tribe in writing any such
conflict of interest with ten (10) days of discovery thereof.
9. Additional Financial: The Tribe and the Vendor agree to the following:
9.1
Payment of Taxes, Procurement of Licenses and Permits: The Vendor shall pay
any applicable tribal, federal, state, and local taxes required by law in connection
with the Vendor’s performance under this Contract and shall secure all necessary
licenses and permits, paying the fees therefore.
9.2
Costs, Fees and Royalties: The Vendor shall be responsible for all costs, fees and
royalties related to or arising from the use of patented, trademarked, franchised or
copyrighted goods, materials, devices, and/or processes, which were used or
incorporated in performance of this Contract.
9.3
Materials Etc. – The Vendor’s Obligations: The Vendor shall furnish all
materials, equipment, tools, labor, and incidentals necessary to perform this
Contract unless expressly provided otherwise in Exhibit A. The Vendor shall
further provide the Tribe, upon request, all samples and shop drawings for
consideration and approval as to conformance with the specifications of the
Contract and concepts of design called for therein.
9.4
Prevailing Wage(s): The following terms and provisions apply to this Contract:
SELECT ONE OPTION ONLY:
9.4.1
Prevailing Wages(s): The Vendor is not required to pay Prevailing
Wage(s) by virtue of this Contract or pursuant to federal, state or the
Tribe’s laws.
9.4.2
Prevailing Wages(s): The Vendor is required to pay Prevailing
Wage(s), the requirements of which are included in Exhibit _____.
9.5
Tax Exemption: The Tribe is exempt from state taxes for goods and services
received in Indian Country as provided in WAC 458-20-192 including, but not
limited to, state and local sales tax, certain excise taxes, and others. The Vendor is
eligible for an exemption from state taxes for goods and services provided to the
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Tribe in Indian Country, as provided in WAC 458-20-192 including, but not limited
to, state and local sales tax, Business & Occupation tax, and others. The Vendor
shall comply with WAC 458-20-192 to perfect the exemption from state taxation.
9.6
Express Warranty of Fitness of Goods and/or Services: The Vendor represents
and expressly warrants to the Tribe that goods and/or services provided under this
Contract will be of good quality workmanship, sound design, overall good quality,
new unless otherwise specified in Exhibit A, free of defects, in conformity to any
sample or model, fit for the particular purpose set forth in Exhibit A, merchantable
and in conformity with the terms of the Contract. The Vendor further expressly
warrants that performance under this Contract shall be conducted with due
diligence and in full compliance with current professional standards of practice in
the industry. All goods and/or services not meeting the terms of the Vendor’s
foregoing express warranties are agreed to be defective and the Tribe may reject
the defective goods and/or services. The Vendor shall remedy any defect and pay
for any damage to other goods and/or work resulting therefrom which shall appear
within the period of one year from final payment. Further, the Vendor will furnish
the Tribe with all manufacturers’ and suppliers’ written guarantees and warranties
covering goods, materials and equipment furnished under this Contract. The
Vendor agrees that the Tribe shall have the right to inspect, at any time, all goods
and/or services. It also shall be a condition of this Contract that all goods and/or
services that need to be inspected or tested and certified by an engineer or a
government agency, shall be done at each necessary stage before further
performance under this Contract can continue. Failure to comply with this
condition will be grounds for immediate termination of this Contract. This Section
shall survive the completion, expiration, and/or termination of this Contract.
10. Liability: The Tribe and the Vendor agree to the following:
10.1
Responsibility for Acts, Negligence or Omissions of the Vendor, Employees
and Subcontractors Etc.: The Vendor assumes full responsibility for acts,
negligence or omissions of the Vendor, all its employees under this Contract, for
those of its subcontractors and their employees, and for those of all other persons
doing work under contract with it. The Vendor shall provide the Tribe, prior to
commencement of any services under this Contract, a list of all subcontractors.
This Section shall survive the completion, expiration, and/or termination of this
Contract.
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10.2
Indemnity and Hold Harmless Agreement: The Vendor agrees to indemnify and
hold harmless the Tribe, its subsidiaries and enterprises, and the elected officials,
officers, agents and employees of each, (hereinafter the “Indemnified”), from and
against all claims, damages, losses, expenses, and regulatory fines related to or
arising from the Vendor’s goods and/or services. The Vendor shall also indemnify
and hold harmless the Indemnified from any legal action that may be brought for
infringement of patents, trademarks, franchise rights and/or copyrights. Such
claims include, but are not limited to, claims for bodily injury, illness or death,
property damage (including loss of use or other damage) which are caused in whole
or in part by the Vendor’s acts, negligence or omissions, or that of the Vendor’s
subcontractor, or that of anyone employed by them or for whose acts, negligence
or omissions the Vendor or Vendor’s subcontractor may be liable. Such expenses
include reasonable attorneys’ fees if it is necessary for the Indemnified to
commence or defend an action. The Vendor agrees to pay and discharge any and
all judgments or decrees which may be rendered in any suit or proceeding against
the Indemnified. For the purposes of this Section, any reference to the Vendor
includes its successors and assigns. This Section shall survive the completion,
expiration, and/or termination of this Contract.
10.3
Insurance: The Tribe and the Vendor agree as follows:
SELECT ONE OPTION ONLY:
10.3.1
No Insurance Required: The Vendor shall not be required to carry
any insurance during the term of this Contract, unless required by
law.
10.3.2
Insurance Required: The Vendor, at its expense, shall purchase
and maintain at all times during the performance of this Contract
such insurance as will protect the Vendor from claims which may
arise out of or result from the Vendor’s operations under this
Contract, whether such operations be by itself or by any
subcontractor or anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable, and
shall include contractual liability insurance applicable to the
Vendor’s obligations under this Contract. The insurance shall be
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triggered on an occurrence basis and shall be issued by a reputable
insurance company or companies having a B+ rating or better. Such
insurance shall name the Vendor as the insured and the Tribe as an
additional insured.
10.3.3
Insurance Required: The Vendor, at its expense, shall purchase
and maintain at all times during the performance of this Contract
such insurance as will protect the Vendor from claims which may
arise out of or result from the Vendor’s operations under this
Contract, whether such operations be by itself or by any
subcontractor or anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable, and
shall include contractual liability insurance applicable to the
Vendor’s obligations under this Contract. The insurance shall be
triggered on an occurrence basis and shall be issued by a reputable
insurance company or companies having a B+ rating or better and
shall be of the types and within minimum limits of liability as
follows:
Insurance Type
Minimum Limits
Worker’s Compensation
Statutory
Employer’s Liability
$500,000.00 US
Commercial General Liability (including $2,000,000.00 US
Personal Injury; Premises Operations;
Blanket
Contractual;
Independent
Contractor's Protective; Products and
Completed Operations; Broad Form
Property Damage) for Bodily Injury and
Property Damage (Combined Single Limit)
Builder’s Risk
US
Contractor’s Liability
US
Professional Liability
US
Comprehensive Automotive Liability $1,000,000.00 US
(Including Owned, Non-Owned and Hired
Automobiles) for Bodily Injury and
Property Damage (Combined Single Limit)
Other:
US
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Such insurance shall name the Vendor as the insured and the Tribe
as an additional insured, shall be written as primary policy coverage
and not contributing with or in excess of any coverage which the
Tribe may carry, and shall be endorsed to require the insurance
company or companies to give the Tribe at least ten (10) days’
written notice prior to any change in or cancellation of coverage.
The Vendor may provide any of the foregoing insurance under a
blanket policy or policies. The Vendor shall furnish the Tribe with
a certificate or certificates evidencing the foregoing insurance prior
to commencement of performance of this Contract and prior to the
renewal date(s) of any such policies. Neither the issuance of any
such insurance policies nor the minimum limits specified above
shall be deemed to limit or restrict in any way the liability or
obligations of the Vendor arising under or out of this Contract.
11. Performance and Payment Bond; Retention Bond, Fund, and/or Contract: The Tribe
and the Vendor agree as follows:
SELECT ONE OPTION ONLY:
11.1
Performance and Payment Bond; Retention Bond, Fund, and/or
Contract: The following are not required to be provided by the
Vendor: performance and payment bond; or retention bond, fund
and/or contract.
11.2
Performance and Payment Bond; Retention Bond, Fund, and/or
Contract: The Vendor shall provide a performance and payment
bond for the full Contract Price (100%) as set forth in Exhibit A
guaranteeing timely and satisfactory performance of this Contract
and payment of all materials furnished and work or labor performed
in connection with this Contract. The bond shall cover all Change
Orders as if they were part of the original agreed upon contract. The
bond must remain in effect until the end of all warranty periods set
forth in this Contract. The bond shall be provided to the Tribe prior
to delivery of any goods and/or the performance of any services
under this Contract. A retention bond, fund, and/or contract shall
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not be substituted for the performance and payment bond. A
retention bond, fund, and/or contract may be used to supplement the
performance and payment bond upon mutual written agreement of
the Tribe and the Vendor.
12. Protection of Information and Property: The Tribe and the Vendor agree to the
following, all of which shall survive the completion, expiration, and/or termination of this
Contract:
12.1
Confidentiality and Non-Disclosure Agreement: The Vendor agrees to maintain
strict confidentiality regarding any and all transactions with the Tribe, including
but not limited to the disclosure of: the goods and/or services provided and the
nature thereof; the terms of compensation; the Tribe’s designs, creations,
improvements, original works of authorship, formulas, processes, know-how,
techniques, inventions and all other information or items which were in the actual
and/or constructive possession of the Vendor; and the designs, creations,
improvements, original works of authorship, formulas, processes, know-how,
techniques, inventions and all other information or items which were created by the
Vendor derived in part or whole from any and all transactions with the Tribe. No
such disclosure may be made regarding any and all transactions unless expressly
authorized by the laws of the Skokomish Indian Tribe or as authorized in writing
by the Tribe or as necessary to fulfill the terms and provisions of this Contract.
12.2
Security Measures: The Vendor agrees to utilize current industry standard
security measures for the protection of physical and digital information and/or
property. If the Vendor discovers an unauthorized disclosure of physical and/or
digital information and/or property has occurred the Vendor shall notify the Tribe
within twenty-four (24) hours in writing detailing the nature of the unauthorized
disclosure. The Vendor shall also mitigate to the best of their ability any such
potential damages resulting from such an unauthorized disclosure.
12.3
Cultural Sites: The Vendor agrees to honor, protect and preserve all cultural sites
known at the time of execution of this Contract or discovered during the term of
this Contract. The Vendor agrees to stop all work upon discovering a potential
cultural site and not to recommence work absent written authorization of the
Skokomish Tribal Council.
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12.4
Intellectual and Other Property: The Vendor assigns to the Tribe all rights in all
designs, creations, improvements, original works of authorship, formulas,
processes, know-how, techniques, inventions, and all other information or items
created by the Vendor derived in part or whole from any and all transactions with
the Tribe. The rights assigned include title and interest in all patent, copyright,
trade secret, trademark and other proprietary rights. The Vendor shall help prepare
any papers that the Tribe considers necessary to secure any patents, copyrights,
trademarks or other proprietary rights at no charge to the Tribe, unless expressly
provided otherwise in Exhibit A. However, the Tribe shall reimburse the Vendor
for reasonable out-of-pocket expenses incurred in complying with this Section. The
Vendor must obtain written assurances from the Vendor’s employees and contract
personnel that they agree with this assignment. The Vendor further disclaims any
and all ownership interests in archaeological and/or cultural materials discovered
in the performance of this Contract. The Vendor shall promptly return the
discovered archaeological and/or cultural materials to the Tribe. The Tribe shall
have exclusive authority to determine what constitutes archaeological and/or
cultural materials.
13. Assignment: The Tribe and the Vendor agree to the following:
SELECT ONE OPTION ONLY:
13.1
Option to Assign: Either the Tribe or the Vendor may assign or
subcontract any rights or obligations under this Contract.
13.2
No Assignment by Vendor: The Vendor agrees that the Vendor
will not assign, transfer, convey, pledge or encumber this Contract
or the Vendor’s right, title or interest therein, or the Vendor’s power
to execute same, or any monies due or to grow due hereunder,
without the consent in writing of the Tribe, this Contract being
intended to secure the personal goods and/or personal services of the
Vendor.
14. No Partnership or Joint Venture: This Contract does not create a partnership or joint
venture. The Vendor does not have the authority to enter into contracts on behalf of the
Tribe.
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15. Special Attachments (Maps, Diagrams, Drawings, Images Etc.): The following Special
Attachments are incorporated within this Contract:
15.1
None
15.2
As set forth in Exhibit B.
16. Contract Documents and Integration (Entire Agreement): This Contract includes the
following documents, (hereinafter the “Contract Documents”): the written Contract; any
Special Attachment set forth in Section 15; and Exhibit A and any attachments thereto.
The Contract Documents together form the Contract for the goods and/or services herein
described. There are no other written or oral agreements, representations or understandings
of any kind. This Contract constitutes the final and complete agreement between the Tribe
and the Vendor.
17. Modification and Work Changes: No modification or amendment to this Contract shall
be valid unless in writing and signed by the Tribe and the Vendor, except that the Tribe
reserves the right to order work changes without invalidating this Contract and agrees to
make corresponding adjustments, in the Contract Price and completion time as described
in Exhibit A. Any such changes will be authorized exclusively in a written Change Order,
which must be signed by the Tribe. The Change Order will include conforming changes
in the Contract Price and completion time.
18. Notice: Unless expressly provided otherwise within this Contract, any notice, demand or
other communication required to be given or delivered pursuant to this Contract shall be in
writing and shall be deemed to have been given either when personally delivered or sent
by fax or sent by email or overnight express courier or three days following mailing by
registered or certified mail, postage prepaid, return receipt requested.
Notice to the Tribe shall be directed to the Tribe’s Contract Representative (Section
5.1) at: N. 80 Tribal Center Road, Skokomish Nation, Washington 98584;
Tel. No.
Fax No.
Email Address
.
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Notice to the Tribe shall also be directed to Earle D. Lees, Tribal Attorney and
Director of the Skokomish Legal Department at N. 80 Tribal Center Road,
Skokomish Nation, Washington 98584 or to Fax No. 360-877-2104 or to Email
Address elees@skokomish.org.
Notice to the Vendor shall be directed to the Vendor’s Contract Representative
(Section 5.2) at:
Address
Tel. No.
Fax No.
Email Address
Representatives and contact information may be updated upon written notice.
19. Consent to Jurisdiction of Tribe: The Vendor expressly, unequivocally and irrevocably
consents to the jurisdiction of the Tribe, all organizational components thereof, and the
courts of the Skokomish Indian Tribe. This consent to jurisdiction includes but is not
limited to territorial, personal and subject matter jurisdiction. This Section shall survive
the completion, expiration, and/or termination of this Contract.
20. Jurisdiction and Venue; Choice of Laws; Enforcement: The Tribe and the Vendor
agree to the following, all of which shall survive the completion, expiration, and/or
termination of this Contract:
20.1
Jurisdiction and Venue – Courts of the Skokomish Indian Tribe: Over any
dispute arising out of this Contract, the Tribe and the Vendor irrevocably submit to
the sole and exclusive jurisdiction of and venue in the courts of the Tribe. The
Tribe and the Vendor expressly waive any right to transfer or remove any action
from the courts of the Tribe to the court of any other jurisdiction. The Tribe,
however, may enforce any granted judgment or order in the courts of the Tribe
and/or in the court of any other jurisdiction. This voluntary choice of jurisdiction
and venue does not constitute a waiver of the Tribe’s sovereign immunity to suit.
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20.2
Choice of Law – Laws of the Skokomish Indian Tribe: This Contract shall be
governed, construed, and enforced in accordance with the laws of the Tribe, without
reference to principles of conflicts or choice of law under which the law of any
other jurisdiction would apply.
20.3
Enforcement Expenses: The Vendor agrees to pay the Tribe all expenses for
enforcement of this Contract including but not limited to legal fees and costs.
21. No Waiver of Sovereign Immunity: By entering into this Contract, the Tribe does not
waive its sovereign immunity from suit and nothing in this Contract shall be construed to
imply such a waiver.
The Parties agree that only the Skokomish Tribal Council may waive the Tribe’s sovereign
immunity (Tribal Council, Skokomish Const. art. IV, § 1; Powers of the Tribal Council,
Skokomish Const. art. V, § 1(o)) and the Skokomish Tribal Council has not done so. In
the event that the Tribe’s sovereign immunity is later expressly and unequivocally waived
by the Skokomish Tribal Council or sovereign immunity cannot be asserted, the following
supplemental limitations shall apply: (a) any lawsuit shall only be brought in accordance
with the terms, provisions, and conditions of this Contract relating to jurisdiction, venue,
and choice of law; (b) any lawsuit brought by the Vendor shall be limited to declaratory
and injunctive relief to enforce the obligations under this Contract; (c) none of the Tribe’s
assets and/or property (real and personal) shall be subject to judgment or otherwise be
encumbered; and (d) no money damages or consequential, punitive, exemplary, or any
other class of damages are recoverable against the Tribe.
This Section shall survive the completion, expiration, and/or termination of this Contract.
22. Parties; No Third-Party Beneficiary: The Tribe and the Vendor collectively are the
Parties to this Contract, and individually a Party thereto. This Contract does not and is not
intended to confer any rights or remedies upon any person or entity, other than the Parties.
Nothing contained herein shall constitute a waiver of the Tribe’s sovereign immunity to
suit.
23. Waiver of Breach: The waiver by either Party of the breach of any part of this Contract
shall not operate or be construed as a waiver of any subsequent breach by either Party. A
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Party’s performance after the other’s breach shall not be construed as a waiver of that
breach.
24. Counterparts; Electronic Signatures: This Contract may be executed in any number of
counterparts and by different Parties in separate counterparts. Each counterpart when
executed shall be deemed to be an original and all together shall constitute one and the
same Contract. This Contract may also be signed electronically; and the use of DocuSign
is expressly authorized. This Contract shall not be denied legal effect, validity, or
enforceability solely because an electronic signature or electronic record was used in its
formation.
25. Ambiguities: Ambiguities, if any, in this Contract shall be construed or interpreted in
favor of the Tribe.
26. Severability: If any part of this Contract is held to be invalid or unenforceable, the rest of
this Contract shall continue in effect.
SKOKOMISH INDIAN TRIBE: CONTRACT FOR GOODS AND/OR SERVICES
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SKOKOMISH INDIAN TRIBE
EXECUTION OF THIS CONTRACT BY THE TRIBE AND THE VENDOR
The Parties hereto execute this Contract on the date herein indicated.
VENDOR
SKOKOMISH INDIAN TRIBE
Date
Date
Date
EIN/SSN/Other Tax Id. Number
Approved as to Form:
Street Address
Date
City/State/Zip
Earle D. Lees, Tribal Attorney and Director
Telephone Number
Requesting Department:
Fax Number
Approved as to Form Only
Email Address
Paralegal:
Approved as to Form Only
NOTE: For accounting purposes, an IRS Form W-9, Request for Taxpayer Identification Number and
Certification, should be attached to every contract.
SKOKOMISH INDIAN TRIBE: CONTRACT FOR GOODS AND/OR SERVICES
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SKOKOMISH INDIAN TRIBE
EXHIBIT A: DESCRIPTION; CONTRACT PRICE; AND SCHEDULE
A-1.
Description: The description of the goods and/or services follows:
As set forth in the attachments to Exhibit A.
As set forth in separately executed Work Orders.
As follows:
SKOKOMISH INDIAN TRIBE: CONTRACT FOR GOODS AND/OR SERVICES
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SKOKOMISH INDIAN TRIBE
A-2.
Contract Price: The Vendor shall be compensated for the provided goods and/or
services at the Contract Price set forth below:
As set forth in the attachments to Exhibit A.
As set forth in separately executed Work Orders.
As follows:
SKOKOMISH INDIAN TRIBE: CONTRACT FOR GOODS AND/OR SERVICES
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SKOKOMISH INDIAN TRIBE
A-3.
Schedule: The Vendor shall be compensated for the provided goods and/or
services on the schedule set forth below:
As set forth in the attachments to Exhibit A.
Upon completion in full of all contracted services and delivery of all goods.
The Vendor shall submit a final itemized and detailed invoice to the Tribe,
which includes receipts and other supporting financial documents. The
Tribe shall pay the Vendor within thirty (30) days of receipt of the invoice.
Monthly and after submission by the Vendor of an itemized and detailed
invoice.
As follows:
A-4.
No Waiver of Sovereign Immunity: The Tribe does not waive its sovereign
immunity from suit and nothing in this Exhibit or attachments thereto shall be
construed to imply such a waiver.
SKOKOMISH INDIAN TRIBE: CONTRACT FOR GOODS AND/OR SERVICES
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CALL FOR SEALED BIDS
Notice is hereby given that sealed bids will be received by the Skokomish Indian Tribe at the Office of
Community Development located at the Skokomish Tribal Center, 80 N. Tribal Center Rd.,
Skokomish, WA 98584 up to the hour of 1:00 p.m. on Friday March 13, 2026 for the T3ba’das Phase
2 Housing Project and will then be opened and publicly read.
The project provides for constructing a 21-lot housing development on the Skokomish Indian Tribe
Reservation. Grading, stormwater collection, roadway construction along with the extension of
watermain, gravity sewer with a lift station work will be required. A second phase of this project
will be bid at a later date to include concrete work, electrical and lighting and any finishing work.
Installation will require site stabilization and coordination with the Mason County PUD, all in
accordance with the attached Contract Plans, these Contract Provisions, and the Standard
Specifications. This project is federally funded through a Housing and Urban Development (HUD)
grant and must comply with Build America Buy America (BABA) and American Iron and Steel
(AIS) requirements..
All bids shall be submitted on the prescribed Bid Forms and in the manner as stated in this
advertisement and in the Bid Document.
Bids must be submitted in a sealed envelope with the outside clearly marked “sealed bid” with the bid
opening date and time, and the project name as it appears in this advertisement and the name and
address of the bidder.
Free-of-charge access to project bid documents (plans, specifications, addenda, and Bidders List) is
provided to Prime Bidders, Subcontractors, and Vendors by going to www.bxwa.com and clicking on
"Posted Projects", "Public Works", and "Skokomish Indian Tribe". This online plan room provides
Bidders with fully usable online documents with the ability to: download, view, print, order full/partial
plan sets from numerous reprographic sources, and a free online digitizer/take-off tool. It is
recommended that Bidders “Register” in order to receive automatic e-mail notification of future
addenda and to place themselves on the “Self-Registered Bidders List". Bidders that do not register
will not be automatically notified of addenda and will need to periodically check the on-line plan room
for addenda issued on this project. Contact Builders Exchange of Washington at (425) 258-1303
should you require assistance with access or registration.
The range of the Engineer’s opinion of probable construction cost is: $1,750,000 to $2,250,000. A
5% bid bond is required.
There will be a mandatory Prebid Meeting on Tuesday March 17, 2026 at 10:00 a.m at the Skokomish
Indian Tribal Offices.
Any questions regarding the project, shall be directed to Brent Kellogg, Skokomish Tribe (425-3083237) or at email address bkellogg@skokomish.org.
The Skokomish Indian Tribe reserves the right to reject any and all Project Proposals and to waiver
informalities in the bidding. The Skokomish Indian Tribe will not waive sovereign immunity for this
project
To be Published:
Monday February 9, 2026
Daily Journal of Commerce
SKOKOMISH INDIAN TRIBE
Skok T3ba’das Phase 2 Housing Development
SECTION II
PROJECT PROPOSAL
TABLE OF CONTENTS
1. BID FORM
2. NON-COLLUSION DECLARATION
3. DEBARMENT, SUSPENSION, INELIGIBLITY OR VOLUNTARY EXCLUSION
CERTIFICATION FORM
4. IRS FORM W-9
5. PROJECT PROPOSAL SIGNATURE PAGE
The Project Proposal shall be returned in the order listed above
Failure to return this Declaration as part of the bid proposal package
will make the bid nonresponsive and ineligible for award.
NON-COLLUSION DECLARATION
I, by signing the proposal, hereby declare, under penalty of
perjury under the laws of the United States that the following
statements are true and correct:
1.
That the undersigned person(s), firm, association or corporation has
(have) not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of
free competitive bidding in connection with the project for which this
proposal is submitted.
2.
That by signing the signature page of this proposal, I am
deemed to have signed and to have agreed to the provisions
of this declaration.
NOTICE TO ALL BIDDERS
To report rigging activities call:
1-800-424-9071
The U.S. Department of Transportation (USDOT) operates the above toll-free
“hotline” Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone
with knowledge of possible bid rigging, bidder collusion, or other fraudulent
activities should use the “hotline” to report such activities.
The “hotline” is part of USDOT’s continuing effort to identify and investigate
highway construction contract fraud and abuse and is operated under the
direction of the USDOT Inspector General. All information will be treated
confidentially and caller anonymity will be respected.
A
DOT Form 272-036H EF
Revised 5/06
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME
Doing business as (DBA)
ADDRESS
WA Uniform Business
Identifier (UBI)
Federal Employer Tax
Identification #:
This certification is submitted as part of a request to contract.
This certification is required by regulations implementing Executive Order 12549, Debarment and Suspension.
You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those
regulations.
BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE
(1)
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
(2)
Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this form.
Organization Name
Project Name
Name(s) and Title(s) of Authorized Representative(s)
Signature(s)
Date
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors
and bidders to sign and abide by the terms of this certification, without modification, in order to
participate in certain transactions directly or indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification
set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or
office to which this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or had become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause,
have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order
12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy
of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable CFR, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this
clause titled ``Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transaction,'' without modification, in all lower tier covered transactions and in all solicitations
for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended,
ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal
Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
W-9
Form
(Rev. March 2024)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
Go to www.irs.gov/FormW9 for instructions and the latest information.
Print or type.
See Specific Instructions on page 3.
Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.
1
Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded
entity’s name on line 2.)
2
Business name/disregarded entity name, if different from above.
3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check
only one of the following seven boxes.
Individual/sole proprietor
C corporation
S corporation
Partnership
4 Exemptions (codes apply only to
certain entities, not individuals;
see instructions on page 3):
Trust/estate
Exempt payee code (if any)
LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership)
. . . .
Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax
classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate
box for the tax classification of its owner.
Exemption from Foreign Account Tax
Compliance Act (FATCA) reporting
code (if any)
Other (see instructions)
3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification,
and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check
this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . . . .
5
Address (number, street, and apt. or suite no.). See instructions.
6
City, state, and ZIP code
7
List account number(s) here (optional)
Part I
Requester’s name and address (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. See also What Name and
Number To Give the Requester for guidelines on whose number to enter.
Part II
(Applies to accounts maintained
outside the United States.)
Social security number
–
–
or
Employer identification number
–
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
Signature of
U.S. person
Date
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
What’s New
Line 3a has been modified to clarify how a disregarded entity completes
this line. An LLC that is a disregarded entity should check the
appropriate box for the tax classification of its owner. Otherwise, it
should check the “LLC” box and enter its appropriate tax classification.
Cat. No. 10231X
New line 3b has been added to this form. A flow-through entity is
required to complete this line to indicate that it has direct or indirect
foreign partners, owners, or beneficiaries when it provides the Form W-9
to another flow-through entity in which it has an ownership interest. This
change is intended to provide a flow-through entity with information
regarding the status of its indirect foreign partners, owners, or
beneficiaries, so that it can satisfy any applicable reporting
requirements. For example, a partnership that has any indirect foreign
partners may be required to complete Schedules K-2 and K-3. See the
Partnership Instructions for Schedules K-2 and K-3 (Form 1065).
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS is giving you this form because they
Form W-9 (Rev. 3-2024)
Page 2
Form W-9 (Rev. 3-2024)
must obtain your correct taxpayer identification number (TIN), which
may be your social security number (SSN), individual taxpayer
identification number (ITIN), adoption taxpayer identification number
(ATIN), or employer identification number (EIN), to report on an
information return the amount paid to you, or other amount reportable
on an information return. Examples of information returns include, but
are not limited to, the following.
• Form 1099-INT (interest earned or paid).
• Form 1099-DIV (dividends, including those from stocks or mutual
funds).
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds).
• Form 1099-NEC (nonemployee compensation).
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers).
• Form 1099-S (proceeds from real estate transactions).
• Form 1099-K (merchant card and third-party network transactions).
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
and 1098-T (tuition).
• Form 1099-C (canceled debt).
• Form 1099-A (acquisition or abandonment of secured property).
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
Caution: If you don’t return Form W-9 to the requester with a TIN, you
might be subject to backup withholding. See What is backup
withholding, later.
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued);
2. Certify that you are not subject to backup withholding; or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee; and
4. Certify to your non-foreign status for purposes of withholding under
chapter 3 or 4 of the Code (if applicable); and
5. Certify that FATCA code(s) entered on this form (if any) indicating
that you are exempt from the FATCA reporting is correct. See What Is
FATCA Reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other
than Form W-9 to request your TIN, you must use the requester’s form if
it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien;
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States;
• An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Establishing U.S. status for purposes of chapter 3 and chapter 4
withholding. Payments made to foreign persons, including certain
distributions, allocations of income, or transfers of sales proceeds, may
be subject to withholding under chapter 3 or chapter 4 of the Code
(sections 1441–1474). Under those rules, if a Form W-9 or other
certification of non-foreign status has not been received, a withholding
agent, transferee, or partnership (payor) generally applies presumption
rules that may require the payor to withhold applicable tax from the
recipient, owner, transferor, or partner (payee). See Pub. 515,
Withholding of Tax on Nonresident Aliens and Foreign Entities.
The following persons must provide Form W-9 to the payor for
purposes of establishing its non-foreign status.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner
of the disregarded entity and not the disregarded entity.
• In the case of a grantor trust with a U.S. grantor or other U.S. owner,
generally, the U.S. grantor or other U.S. owner of the grantor trust and
not the grantor trust.
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust
and not the beneficiaries of the trust.
See Pub. 515 for more information on providing a Form W-9 or a
certification of non-foreign status to avoid withholding.
Foreign person. If you are a foreign person or the U.S. branch of a
foreign bank that has elected to be treated as a U.S. person (under
Regulations section 1.1441-1(b)(2)(iv) or other applicable section for
chapter 3 or 4 purposes), do not use Form W-9. Instead, use the
appropriate Form W-8 or Form 8233 (see Pub. 515). If you are a
qualified foreign pension fund under Regulations section 1.897(l)-1(d), or
a partnership that is wholly owned by qualified foreign pension funds,
that is treated as a non-foreign person for purposes of section 1445
withholding, do not use Form W-9. Instead, use Form W-8EXP (or other
certification of non-foreign status).
Nonresident alien who becomes a resident alien. Generally, only a
nonresident alien individual may use the terms of a tax treaty to reduce
or eliminate U.S. tax on certain types of income. However, most tax
treaties contain a provision known as a saving clause. Exceptions
specified in the saving clause may permit an exemption from tax to
continue for certain types of income even after the payee has otherwise
become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception
contained in the saving clause of a tax treaty to claim an exemption
from U.S. tax on certain types of income, you must attach a statement
to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under
which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the
saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption
from tax.
5. Sufficient facts to justify the exemption from tax under the terms of
the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an
exemption from tax for scholarship income received by a Chinese
student temporarily present in the United States. Under U.S. law, this
student will become a resident alien for tax purposes if their stay in the
United States exceeds 5 calendar years. However, paragraph 2 of the
first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the
provisions of Article 20 to continue to apply even after the Chinese
student becomes a resident alien of the United States. A Chinese
student who qualifies for this exception (under paragraph 2 of the first
Protocol) and is relying on this exception to claim an exemption from tax
on their scholarship or fellowship income would attach to Form W-9 a
statement that includes the information described above to support that
exemption.
If you are a nonresident alien or a foreign entity, give the requester the
appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you
must under certain conditions withhold and pay to the IRS 24% of such
payments. This is called “backup withholding.” Payments that may be
subject to backup withholding include, but are not limited to, interest,
tax-exempt interest, dividends, broker and barter exchange
transactions, rents, royalties, nonemployee pay, payments made in
settlement of payment card and third-party network transactions, and
certain payments from fishing boat operators. Real estate transactions
are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive
if you give the requester your correct TIN, make the proper certifications,
and report all your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester;
2. You do not certify your TIN when required (see the instructions for
Part II for details);
3. The IRS tells the requester that you furnished an incorrect TIN;
4. The IRS tells you that you are subject to backup withholding
because you did not report all your interest and dividends on your tax
return (for reportable interest and dividends only); or
5. You do not certify to the requester that you are not subject to
backup withholding, as described in item 4 under “By signing the filledout form” above (for reportable interest and dividend accounts opened
after 1983 only).
Page 3
Form W-9 (Rev. 3-2024)
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate Instructions for the
Requester of Form W-9 for more information.
See also Establishing U.S. status for purposes of chapter 3 and
chapter 4 withholding, earlier.
What Is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a
participating foreign financial institution to report all U.S. account
holders that are specified U.S. persons. Certain payees are exempt from
FATCA reporting. See Exemption from FATCA reporting code, later, and
the Instructions for the Requester of Form W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you
claimed to be an exempt payee if you are no longer an exempt payee
and anticipate receiving reportable payments in the future from this
person. For example, you may need to provide updated information if
you are a C corporation that elects to be an S corporation, or if you are
no longer tax exempt. In addition, you must furnish a new Form W-9 if
the name or TIN changes for the account, for example, if the grantor of a
grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a
requester, you are subject to a penalty of $50 for each such failure
unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you
make a false statement with no reasonable basis that results in no
backup withholding, you are subject to a $500 penalty.
Criminal penalty for falsifying information. Willfully falsifying
certifications or affirmations may subject you to criminal penalties
including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of
federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line
blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account
maintained by a foreign financial institution (FFI)), list first, and then
circle, the name of the person or entity whose number you entered in
Part I of Form W-9. If you are providing Form W-9 to an FFI to document
a joint account, each holder of the account that is a U.S. person must
provide a Form W-9.
• Individual. Generally, enter the name shown on your tax return. If you
have changed your last name without informing the Social Security
Administration (SSA) of the name change, enter your first name, the last
name as shown on your social security card, and your new last name.
Note for ITIN applicant: Enter your individual name as it was entered
on your Form W-7 application, line 1a. This should also be the same as
the name you entered on the Form 1040 you filed with your application.
• Sole proprietor. Enter your individual name as shown on your Form
1040 on line 1. Enter your business, trade, or “doing business as” (DBA)
name on line 2.
• Partnership, C corporation, S corporation, or LLC, other than a
disregarded entity. Enter the entity’s name as shown on the entity’s tax
return on line 1 and any business, trade, or DBA name on line 2.
• Other entities. Enter your name as shown on required U.S. federal tax
documents on line 1. This name should match the name shown on the
charter or other legal document creating the entity. Enter any business,
trade, or DBA name on line 2.
• Disregarded entity. In general, a business entity that has a single
owner, including an LLC, and is not a corporation, is disregarded as an
entity separate from its owner (a disregarded entity). See Regulations
section 301.7701-2(c)(2). A disregarded entity should check the
appropriate box for the tax classification of its owner. Enter the owner’s
name on line 1. The name of the owner entered on line 1 should never
be a disregarded entity. The name on line 1 should be the name shown
on the income tax return on which the income should be reported. For
example, if a foreign LLC that is treated as a disregarded entity for U.S.
federal tax purposes has a single owner that is a U.S. person, the U.S.
owner’s name is required to be provided on line 1. If the direct owner of
the entity is also a disregarded entity, enter the first owner that is not
disregarded for federal tax purposes. Enter the disregarded entity’s
name on line 2. If the owner of the disregarded entity is a foreign person,
the owner must complete an appropriate Form W-8 instead of a Form
W-9. This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name, DBA name, or disregarded
entity name, enter it on line 2.
Line 3a
Check the appropriate box on line 3a for the U.S. federal tax
classification of the person whose name is entered on line 1. Check only
one box on line 3a.
IF the entity/individual on line 1
is a(n) . . .
THEN check the box for . . .
• Corporation
• Individual o
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