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

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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.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

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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Skokomish Indian Tribe Construction General Conditions

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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Skokomish Indian Tribe Construction General Conditions

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.

(REVISED 03/03/2016)

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Skokomish Indian Tribe Construction General Conditions

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

(REVISED 03/03/2016)

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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.

(REVISED 03/03/2016)

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Skokomish Indian Tribe Construction General Conditions

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.

(REVISED 03/03/2016)

General Conditions

Page 23 of 28

Skokomish Indian Tribe Construction General Conditions

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)

1|Page

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)

2|Page

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)

3|Page

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)

4|Page

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)

5|Page

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.

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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.

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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:

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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:

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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.

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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

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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