Exhibit C - Insurance Requirments.docx

BID SOLICITATION

Blanket Purchase Agreement (BPA) for Road Maintenance Services

Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians

Issue Date: October 22, 2024

DESCRIPTION: The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (“CTCLUSI” or “Tribe”) seeks qualified contractors to furnish all equipment and labor to perform road maintenance work on CTCLUSI forest lands. This includes, but is not limited to, brushing, mowing, rocking, reshaping (grading) and rolling, ditch pulling, culvert cleaning, culvert repair, bucking, and decking in accordance with the terms of the Sample Contract and “Attachment 1 – Description, Specification, and Statement of Work”. In the event a contradiction exists between this "Request for Quotes" and the Contract, including its Exhibits, the Contract is final and binding.

BACKGROUND: The passage of the Western Oregon Tribal Fairness Act of 2018 returned 14,772 acres of ancestral forest lands to CTCLUSI. The conveyance consists of seven individual tracts dispersed throughout the Ancestral Area of Interest of the Confederated Tribes. The Department of Forest Lands has developed a Forest Management Plan (FMP) relating to the needs and desires of the Tribe that will provide guidance on administrative, economic, legal, and social aspects of management of these trust forest lands. The purpose of the FMP includes the development, maintenance, and enhancement of Tribal Forest land in a perpetually productive state in accordance with the principles of sustained yield and with standards and objectives set forth in forest management plans by providing effective management and protection through the application of sound silvicultural and economic principles.

LOCATION: Road maintenance quotes are being solicited primarily for the Lake, Smith and Tioga tracts (see maps below) but also may occur on other Tribal lands as needed.

METHOD OF AWARD: Competitive procedures were used in establishing these BPAs. CTCLUSI will select up to three contractors per tract based on responses. No further competition is required at the BPA Call level. BPA Calls may be awarded solely based on BPA established pricing and Contractor availability.

QUOTATIONS: In order to be considered for award, each quoter shall submit a quote package consisting of the following:

1. Schedule of Items (see template below) for one, or all, of the Tracts (Lake Tract, Smith Tract, Tioga Tract). The Tribes prefer quotes via Excel format. Contact CTCLUSI for this file in excel format if needed.

2. Provide a Statement of Qualifications including licensing, insurance, and current and past projects over the last three years. Include the owners/agencies, description of projects, cost, reference contact information, and any other information. Responses may be submitted in Microsoft Word, Excel, or Adobe PDF Format.

3. Contractor’s Equipment - Contractor will be responsible for providing the necessary equipment and staff (excavator, grader, backhoe, dump truck, etc.) necessary to complete the scope of work.

Quote materials may be submitted by email, mailed, or hand delivered to:

Kyle Terry, kterry@ctclusi.org

CC: Holley Carroll, Forestry Coordinator, hcarroll@ctclusi.org

Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians

All questions concerning this solicitation shall be submitted by email to Kyle Terry at kterry@ctclusi.org. No information concerning this solicitation provided in response to telephone calls or email shall be considered binding.

Unit prices shown on the individual Schedule of Items are effective from the date of award of December 30, 2024 through December 31, 2026. Currently, the plan is to advertise again in the fall of 2026 for a 2027-2028 BPA.

Contractors may quote on any or all of the individual three tracts as identified within the Schedule of Items, however, within each tract SOI you must provide a Unit Price for ALL payable Line Items.

The Tribe anticipates awarding 1, 2 or 3 BPA awards per Tract as follows. Multiple Tracts may be awarded/included per BPA award:

· Lake Creek Tract (Tract 1)

· T15S R07W Sec. 10, 13-16, 22-24, 26

· 4957 acres

· Road Surface Inventory (GIS-based)

· Aggregate 20.36 miles

· Bituminous 2.29 miles

· Natural 10.47 miles

· Unknown 3.59 miles

· Smith River Tract (Tract 2)

· T 20S R09W Sec. 1, 12, 13, 24

· T 20S R10W Sec. 7, 8, 17, 18, 19-21

· 4933 acres

· Road Surface Inventory (GIS-based)

· Aggregate 19.36 miles

· Bituminous 1.66 miles

· Natural Improved 2.13

· Unknown 1.33

· Pit Run 1.28

· Tioga Tract (Tract 3)

· T 27S R09W Sec. 9, 10, 14, 15, 22-24, 26, 27

· 4565 acres

· Road Surface Inventory (GIS-based)

· Aggregate 14.86 miles

· Bituminous 5.54 miles

· Crushed Sandstone 9.88 miles

· Natural Improved 4.53 miles

· Natural Unimproved 1.57

· Unknown 4.6 miles

CONTRACT TYPE AND CONTRACT PERIOD: This is a Blanket Purchase Agreement (BPA). Prices submitted for the overarching BPA may be used to determine BPA Call awardee. Multiple BPAs will be awarded in response to this solicitation. A BPA is a simplified method of filling anticipated repetitive needs for supplies or services by establishing “charge accounts” with qualified sources. The intent is to establish a pool of vendors who can provide road maintenance services for the identified tribally owned Tracts. Comment by Kyle Terry: Multiple master contracts with one aggregate NTE amount for 2025-2026

The Period of Performance of each BPA is from: Date of Award to December 31, 2026. Comment by Kyle Terry: Period of Performance

A review will be conducted annually to determine if pricing is still reasonable. During this time the Tribes may decide to open BPAs for revised pricing. If this is done, Contractors may be offered an opportunity to adjust their prices. If revised pricing is not submitted during the period set forth by the Tribes, the current prices of the BPA will remain in effect. The Tribal government reserves the right to make single or multiple awards.

QUOTE SHEET TEMPLATE: The Schedule of Services below references the specifications in Attachment 1 – Description/Specifications/Statement of Work.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

EST. QUANTITY

UNIT

UNIT PRICE

TOTAL AMOUNT

Single Lane

Double Lane

(Slide 5 - 20 CY)

(Slide 21 - 50 CY)

(Slide 51 - 100 CY)

(10 feet from edge of roadway)

(5 feet from edge of roadway)

(Trees 10" to 24" in diameter)

(Trees > 24" in diameter)

Govt Furnished

BPA Call Subtotal:

BPA Call Subtotal + Applicable Mobilization Rate:

Mgal-1000 gallons, EA-Each, MI-Mile, CY-Cubic Yard, EA-Each, LS-Lump Sum, HR-Hour, LF-Linear Foot

GENERAL PROVISIONS:

CULVERT REPLACEMENT: In general, nearly all culvert replacement work is done as construction. However, if a BPA Call includes one or a very few small culvert replacements it should be acceptable to use the Road Maintenance BPA and call it a service if the majority of the work is not the culverts. If all the work or majority of the work involves culvert replacements, it should be considered construction.

DESIGNATION OF OWNER’S REPRESENTATIVE: The Tribes designates the Owner’s Representative (OR). The OR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Tribe unless formalized by proper contractual documents executed by the Tribes prior to completion of the contract.

The OR should be informed as soon as possible of any actions or inactions by the Contractor or the Tribal Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the OR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Owner’s Representative. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SUPERINTENDENCE BY THE CONTRACTOR: At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

CONTRACTOR'S REPRESENTATIVE: The Tribe may, at its option, suspend work with full count of contract time continuing, if the Contractor fails to provide a Contractor's Representative (1) conversant in the English language and (2) able to read and understand the contract documents.

PROSECUTION OF WORK:

(a) Work shall be scheduled to provide completion of segments on a daily basis unless otherwise herein provided. Refer to the Schedule of items for seasonal restrictions that will dictate the priority of units to be completed first.

(b) A Work Schedule shall be prepared by the Contractor based on priorities provided in the contract unless superseded by the Tribes in advance of work.

(c) The Tribes may require the Contractor to finish the portion in progress before additional work is started on any additional portion.

(d) The Contractor shall use measures and precautions necessary to warn and protect the public and Tribal Government personnel and equipment during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site.

(e) The Tribes may, in writing, require the Contractor to remove from the work any employee found to be working in an unsafe manner.

TRIBAL QUALITY ASSURANCE SURVEILLANCE PLAN: The Tribal Government will periodically evaluate the Contractor’s performance by appointing a representative(s) to monitor performance to ensure services are received. The Tribe’s representative will evaluate the Contractor’s performance through intermittent or on-site inspections of the Contractor’s quality control program. The Tribe may inspect each task as completed, increase the number of quality control inspections, or decrease the number of quality control inspections if deemed appropriate. Acceptance will be determined per the specifications for each pay item.

UNSATISFACTORY PERFORMANCE: Nonconformance with any of the specifications will require rework at the Contractor’s expense, to bring the work up to specification standards. When inspection results are unsatisfactory and the deficiency is correctable, payment will not be made until the deficiency has been corrected.

REWORK AND REINSPECTION AFTER REWORK: When inspection results are unsatisfactory and the deficiency is correctable, payment will not be made until the deficiency has been corrected. Reinspection after rework will be made in the same manner as the first inspection but may be at different locations. The Contractor shall pay for inspections necessitated by the rework.

SUSPENSIONS OF WORK FOR OTHER THAN TRIBE’S CONVENIENCE:

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because (1) weather or ground conditions may lead to resource damage; (2) failure of Contractor to comply with specifications.

LANDSCAPE PRESERVATION: The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements:

· Contractor will not damage any natural features unless authorized by the Tribes.

· Contractor will protect waterways from sediment and other harmful materials.

· No hazardous materials or substances shall be released into land or waterways.

· Vehicle service areas must be approved by Owner Representative.

· A hazardous material spill clean-up kit shall be maintained and readily available for potential use on the project at each work site. Spill clean-up kits shall contain the following items as a minimum:

· 1 case absorbent pads suitable for absorbing hydraulic fluid, engine oil, and fuel

· 1 gallon "Plug-a-Dike" or equivalent material

· A nineteen liter (five-gallon) mixing container

· 20 meters of 150 mm absorbent , floating booms for absorbing hydraulic fluid, engine oil, and fuel from a water surface

SPECIAL EQUIPMENT CLEANING REQUIREMENTS: All support vehicles and earth-moving equipment (loaders, excavators, dump trucks, etc.) moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the Tribal lands. Cleanings will be required when the contractor moves from a project area to a new project area, the Tribal Government will provide clarification on a work order or a BPA Call when additional cleanings will be required. Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This will require the use of a high-pressure hose.

Equipment shall be made available for visual inspection by the OR and Project Inspector prior to entering Tribal lands, moving to a new project area or working in a infested area. The Contractor shall advise of a proposed date for mobilization. Inspections will take place at mutually agreeable en-route locations in advance of entry onto Tribal lands. Special care shall be taken to assure removal of noxious weeds and their seeds. Refer to this website http://egov.oregon.gov/ODA/PLANT/weed_index.shtml#Noxious_weed_lists.

Refer to this document from the state of Oregon http://www.oregon.gov/ODA/PLANT/docs/pdf/weed_quarantine2005.pdf

THREATENED, ENDANGERED, AND SENSITIVE SPECIES: Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, are discovered to be present in or adjacent to the project area.

CULTURAL RESOURCES: The Government may direct the Contractor to discontinue all operations if cultural resources including but not limited to artifacts, plant or animal species are discovered to be present in or adjacent to the project area.

PROPERTY AND PERSONAL DAMAGE: The Contractor shall use every precaution necessary to prevent damage to public and private property. Land monuments and property markers shall not be disturbed until the Owner Representative has witnessed or otherwise referenced their location and directed their removal. The Contractor shall be responsible for all damage to property and to persons, including third parties, that occur as a result of his/her agent's or employee's fault or negligence. The term "third parties" is construed to include employees of the Tribal government.

PUBLIC OFFICIALS NOT PERSONALLY LIABLE: There shall be no personal liability upon the Owner Representative, their agents or Tribal employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or with the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Tribal Government.

USE OF ROADS BY CONTRACTOR: The Contractor is authorized to use all roads under the jurisdiction of the Tribes that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract. This authorization is subject to the limitations described in the attached specifications when such use will not damage the roads or Tribal resources, and when traffic can be accommodated safely. Before shutting down any operations, leave all travel-ways in a condition suitable for traffic.

ISSUANCE OF BPA CALLS: Calls may be based on the prices as shown in the Schedule of Items, or quoted per BPA call. Some calls may include a mix of established BPA prices and quotable line items of work. BPA Calls may be issued orally and followed up in writing, by facsimile, or by electronic commerce method.

Concurrent calls may be issued. The number of calendar days allotted for completion of all work under a given BPA Call shall be negotiated prior to issuance of the BPA Call and will be expressed on the BPA Call.

BPA calls will be issued as work becomes available. Estimated start dates and performance times will be identified on each BPA call. Calls may be issued continuously with no time discounted for normal weather conditions or fire restrictions.

The contractor is not required to accept every call. However, there is a general expectation that the Contractor will be available for most calls.

Service contract wage rates will be added via attachment per BPA call/award. The wage rates included in this solicitation are provided as a sample only.

Award of BPA Calls for Emergency or Urgent and Compelling work. When the agency need for the services is urgent and would result in unacceptable delays, the Tribe may forego the process outlined above and award to the contractor who the Owner Representative deems to be most able to respond within the required timeframe.

ADMINISTRATION OF INDIVIDUAL PROJECT BPA CALLS: Wherever the term “contract” is used herein it shall be construed to apply equally to each individual BPA call placed under the BPA, as if each individual BPA call was a separate contract.

The Contractor shall refer all questions to the Owner Representative to see if clarification is needed regarding the application of contract clauses to individual BPA calls. Each Individual Project BPA Call is separable to the extent that it will be initiated, performed, administered, completed, and closed independently.

1. Individual BPA Calls may have separate Owner Representatives.

2. Individual BPA Calls will have unique performance terms and separate payments.

PROCESS FOR REQUESTING INDIVIDUAL PROJECT QUOTES AND AWARDING BPA CALLS:

(a) After the award of the BPA, the individual BPA call awards shall follow the process established in this section.

(b) BPA Call Packaging. These will be packaged with all necessary detailed requirements that supplement the basic contract, as required.

Each BPA call award may include the following:

• Order for Supplies or Services (modified OF 347)

• BPA Call Schedule of Items

• Statement of Work – Project Scope, Project Location, Applicable Specifications, as required

• Government Furnished Property and any additional Administrative Information, as required

• Special Contract Requirements – Supplements to the basic contract clauses. This will include any use and operational period limitations, submittal requirements, and other details, as required. • Attachments: Project Maps, Drawings, if applicable, Additional Evaluation Criteria, if required. Other Exhibits or Attachments as required

BLANKET PURCHASE AGREEMENT - TERMS AND CONDITIONS (Ref. 13.303-3 Preparation of BPAs)

(a) The following terms and conditions are mandatory:

(1) Description of agreement. Individual Purchase Orders may be placed based on the unit prices shown in the Schedule of Items with a specific vendor based on the vendor’s availability and the specific needs of the Tribe. The Tribe does not guarantee to any vendor any minimum number of orders or amount of award.

(2) Extent of obligation. The Tribe is obligated only to the extent of authorized purchases actually made under this BPA. The BPA does not obligate any funds.

(3) Individuals authorized to purchase under the BPA. The following individuals may place Individual Project calls against this BPA: Any warranted Owner Representative with proper delegated authority within CTCLUSI.

(4) Delivery tickets. Any shipments under this agreement, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

a. Name of supplier.

b. BPA number.

c. Date of purchase.

d. Purchase number.

e. Itemized list of supplies or services furnished.

f. Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

g. Date of delivery or shipment.

(5) Invoices. An itemized invoice may be submitted weekly, or monthly (if services are rendered during that time) or upon expiration of the BPA Call, whichever occurs first, for all deliveries made during the billing period and for which payment has not been received. Invoices may also be submitted more or less frequently.

INDIVIDUAL PROJECT BPA CALL PERFORMANCE PERIOD REQUIREMENTS:

An estimated start work date will be included within the BPA Call. The specific days/dates included under a BPA Call will vary considerably. The allowed performance completion period for individual projects will be dependent upon factors such as project size, complexity, available work periods limitations, and date of issuance. The number of calendar days allotted for completion of all work under a given BPA Call shall be negotiated prior to issuance of the BPA Call and will be expressed on the BPA Call. The rates of progress to be used for determination of performance periods shall be based on standard industry practices and consideration of the Contractor’s equipment, workforce and existing uncompleted BPA Calls against this contract. Performance periods on sequential BPA Calls may be established for consecutive performance or the timing for performance may run concurrently, as mutually agreed.

INDIVIDUAL PROJECT BPA CALL SCHEDULES FOR SERVICE:

The Contractor may be requested to provide a work schedule per BPA Call. If the Contractor's progress falls behind that scheduled, the Contractor shall take such action as necessary to improve progress; in addition, the Contracting Officer may require the Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.