Confederated Tribes of siletz indians planning Department

Request for Qualifications/Proposals

Engineering Support Services Indefinite Duration Indefinite Quantity (IDIQ) Contract Project No. 030124 Issue date:

Mar 11, 2024 Closing location:

CTSI Admin Building.

PO Box 549 Siletz, OR 97394 Attention: Tracy Bailey CTSI Admin Building.

201 Swan Ave

Siletz, OR 97394 Attention: Tracy Bailey

Closing date and time:

Response must be received before 4:00 pm Pacific Time on Friday, Apr 5, 2024 Contact person:

Tracy Bailey, Planner/Construction Mgt Eng.

Attention: Tracy Bailey Phone:

(541) 444-8278

Cell:

(541) 272-0135

Fax:

(541)-444-8362 tracyb@ctsi.nsn.us Request for Qualifications/Proposals Related to Engineering Services IDIQ for Roadway Maintenance and Improvement Planning for the

The Confederated Tribes of Siletz Indians

Planning Department

Introduction

The Confederated Tribes of Siletz Indians (CTSI) Planning Department is soliciting proposals from qualified firms to provide consulting services related to its Roadway Maintenance and Improvement Program. This is an Indefinite Duration Indefinite Quantity (IDIQ) contract. These services are anticipated to include but not be limited to Plan updates, program planning, mapping, surveying, roadway surface assessment, civil engineering, geotechnical investigation and environmental permitting in support of the CTSI Tribal Transportation Program (TTP).

Consideration will be limited to firms with demonstrated successful experience on projects with components of a similar scope. The most qualified firm(s) may be invited for an interview by the selection committee.

Project Description

This project will assist the Tribe in developing and maintaining plans for maintaining and improving the Tribal roadway infrastructure. The contract format used between CTSI and the selected firm shall be the CTSI Contract Services Agreement detailing the scope, fees, and terms of service. A copy of the standard contract form is included as Appendix A. Include proposed timelines for completion of requested work products.

This contract is subject to CTSI Preference Requirements set forth by in the latest version of the Plan of Operations Ordinance.

Proposed Scope

The scope of services is anticipated to include:

Phase 1.0 – Update(s) of the Roadway Maintenance Plan.

This phase will update the existing plan for tribal roadways and roadway maintenance. The plan update will make recommendations regarding projects needed to maintain tribal roads, funding requirements to undertake those projects, and potential sources of funding available to the Tribe to assist in undertaking those projects.

Phase 2.0 – Update(s) of the Long Range Transportation Plan (LRTP) and Transportation Improvement Plan (TIP) Tasks within this phase shall include:

1.1 Completion of an asset inventory related to tribal roadways including ownership, roadway surfacing, roadway surface conditions, and roadway signage. The Tribe’s preference would be to have this information integrated into the Tribe’s GIS database.

1.2 Identification of road projects needed to maintain satisfactory roadway surface conditions and documentation of other upgrades necessary for maintaining an adequately functioning system.

1.3 Prepare cost estimates for projects identified within the plan.

1.4 Identify required funding levels over the 20-year planning horizon adequate to maintain the Tribe’s roadway infrastructure.

1.5 Preparation of standard road specifications and details for adoption by the Tribe.

Phase 3.0 – Coordination Assistance with the BIA.

Tasks within the phase will provide assistance to the Tribe in their interactions with the Bureau of Indian Affairs’ Division of Transportation 25CFR part 170. Such assistance may include, but is not limited to:

3.1 Periodic review of data in the BIA’s Tribal Transit Program (TTP) (formerly Indian Reservation Roads Inventory) and identify items needing updating or correction.

3.2 Annual submission of updates into the TTP inventory maintained by the BIA.

3.3 Provide research and guidance during Tribal negotiations with the BIA for road maintenance and improvement service.

Phase 4.0 –Transportation Plan Updates The consultant may be tasked with assisting the planning department with the preparation of updates to the Tribe’s Transportation Planning documents, should the need arise. Services for this phase will be negotiated as the need arises.

4.1 Transportation System Plan

4.2 Long Range Transportation Plan (LRTP)

4.3 Transportation Improvement Plan (TIP)

4.4 Traffic Safety Plan

Phase 5.0 – Engineering Design Support

The Consultant may be tasked to design TTP projects that are identified in the LRTP and TIP.

Phase 6.0 – Project Construction Management Support

The Consultant may be tasked to provide construction management for approved TTP projects that are in support of the TSP/LRTP and TIP.

***The Consultant may be tasked to periodically update supporting plans such as the Traffic Safety Plan and provide design/construction management for approved projects that are in support of the LRTP and TIP

The initial duration of the agreement is anticipated to be 2 years from the notice to proceed. Upon mutual agreement with the consultant, the Tribe may negotiate extensions to the agreement annually up to 5 years.

Proposal Requirements

The proposal must include the following elements. Organize documentation as follows for ease of review:

6.1 Letter of Interest. Provide a one-page letter summarizing the firm’s qualifications, corporate commitment to the project and contact information.

6.2 Team Profile. Provide an organizational chart detailing the reporting relationships of proposed project team members along with a firm profile for each firm proposed. Firm profile information shall include overall size of the firm, typical project types and office locations. Within their proposal, the proposer shall list any exceptions or revisions to the terms and conditions of the CTSI Standard Construction Services Agreement that they anticipate requesting.

6.3 Key Personnel. Provide resumes of key personnel proposed for the project including: executives, project managers, and others expected to perform work. Include resumes for key sub-consultant personnel proposed for the project. Detail relevant project experience for each staff member and at least three personal references.

6.4 Relevant Experience. Demonstrate your team’s relevant experience on similar projects involving CTSI, Native American, or other cultural projects of similar size, scale and complexity. Demonstrate your team’s ability to meet schedules and budgets while delivering projects that meet client expectations. The proposal should specifically detail the teams experience in developing “638” and “G2G” contracts between the BIA and Native American tribes. Also, describe your team’s experience working with BIA’s Tribal Roads database and preparing environmental documentation for BIA and other agencies.

6.5 Project Approach. Describe your team’s approach to complete the defined scope while working with CTSI’s other project team members.

6.6 Firm References. Provide three recent client references for which the consultant has performed work of similar complexity. References to include: key owner personnel, project manager, and provide the references title, organization or agency name, phone number, and a brief description of the project. The proposal may not exceed 20, 8 1/2 x 11 inch double-sided pages in length, including photos or graphic material. Submit three (3) printed original of your proposal. No electronic format proposals will be accepted.

6.7 Complete Fee Schedule. The CTSI is seeking a clear and comprehensive understanding of all costs associated with this proposal. This would include wages, travel, materials other associated costs.

Proposals must be received by 4 pm Apr 5th, 2024 at the CTSI Front desk addressed to:

Tracy A Bailey Construction Management Engineer Confederated Tribes of Siletz Indians Mailing Address: PO Box 549 Siletz, OR 97380 Physical Address: 201 SE Swan Ave, Siletz, OR 97380 Proposals received late or at other locations may not be considered. CTSI is not responsible for lost or misdirected proposals. Clearly mark the outside of your sealed envelope the proposal name and your firm. Sealed proposals will be opened by a CTSI Staff member after the bid closing.

Selection Criteria:

Respondents will be evaluated and scored according to the following factors:

1) Qualifications and ability of Firm–

15%

2) The qualifications and experience of the professional personnel to be assigned to the project, including reference checks –

20%

3) The consultant's capability to meet time and project budget requirements and the availability of personnel to respond and provide services in a timely manner–

15 %

4) Consultant Location –

10%

1 Oregon-2 Pacific Northwest – 3 West- 4 Other Regions

5) Related experience working with the BIA on similar projects –

6) Related experience on similar projects –

15%

7) Recent or current work related to Working with Tribes –

5%

8) Cost/Fees for effort

A selection team composed of representatives from CTSI staff and/or appropriate committee members will review all RFP’s and select the most highly qualified team based on the following criteria:

7.1 Qualifications and ability of Firm/ Personnel

7.2 Past performance on relevant projects

7.3 Project approach (challenges, quality control, and cost estimating)

7.4 Proof of Native Ownership

7.5 Fee Schedule

CTSI may interview one or more proposers following review of proposals in order to make final consultant selection.

Proposal Costs

Proposers are solely responsible for expenses in preparing a proposal and for subsequent negotiations with CTSI. If CTSI elects to reject all proposals, CTSI will not be liable to any proposer for any claims, whether for costs or damages incurred by the proposer in preparing the proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever.

Questions

Questions concerning this Request for Qualifications should be directed to Tracy Bailey at tracyb@ctsi.nsn.us.

List of Appendices

Appendix A

Confederated Tribes of Siletz Indians Standard Construction Services Agreement form.

Appendix B

Scope of Work Confederated Tribes of Siletz Indians

Contract Services Agreement

6/20/14 revision

CONFEDERATED TRIBES OF SILETZ INDIANS -

CONTRACT SERVICES AGREEMENT

I.

This Agreement is entered into on_______________ , between the Confederated Tribes of Siletz Indians, 201 S.E. Swan Ave, Siletz, OR, 97394, hereinafter referred to as CTSI and_________________________ hereinafter referred to as CONTRACTOR. CTSI and CONTRACTOR hereby agree that the CONTRACTOR shall provide specific services to CTSI for a specific period of time and for a specific amount as stated herein.

II.

The period of time for this Agreement shall begin on______________ and shall end________________ .

Time is of the essence for performance by CONTRACTOR.

III.

Compensation for services under this Agreement shall be on a [ ] fixed-fee basis [ ] cost plus basis [ ] hourly fee basis not to exceed ______________inclusive of all materials, travel and other costs.

IV.

CTSI’s representative authorized to implement the terms and conditions of this Agreement is designated as _______________________. CONTRACTOR’s authorized representative is_____________________.

V.

Services and deliverables to be provided under this Agreement are those specified as follows: (Services must be described to allow for quantitative and qualitative measurement and, if applicable, specific deliverables or products. Specify payment rates for services involving cost plus arrangements. Proposals, scopes of work or services descriptions may be attached.)

If marked, [ ] Proposal/Scope of Work is attached (list attachments by title and date)

VI.

All invoices require a detailed summary of services provided and shall be submitted [ ] monthly [ ] at time of receipt of deliverable or [ ] other frequency_______________.

VII.

If marked, [ ] Ten percent (10%) of the total Agreement amount shall be withheld pending receipt of a final progress report or deliverable.

CTSI;:

CONTRACTOR:

Authorized Representative

Signature of CONTRACTOR’s representative:

Print name

Print name Approved Budget: TFD#_________________________________

Tribal Comptroller

Contractor’s address

Telephone-___________ S.S. or IRS#:____________

The STANDARD TERMS AND CONDITIONS FOR THE CTSI CONTRACT SERVICES AGREEMENT and any proposal identified above shall be attached to this signature page and incorporated by reference to constitute the entire Agreement between the parties. If the amount in Paragraph III is $25,000 or over, this Agreement shall not be valid or enforceable without the required signatures above and the signatures of (1) Tribal Chairperson or Vice Chairperson; (2) Tribal Finance Officer; and ( 3) if applicable, the Tribal Operations Manager listed below:

Tribal Finance Officer

Tribal General Manager

Tribal Chairperson/Vice Chairperson

Adopted 06/20/14 – Supersedes And Replaces All Previous Formats Page 1 of 5 _____________CONTRACTOR must initial each page

TERMS AND CONDITIONS FOR THE CTSI CONTRACT SERVICES AGREEMENT

1. PAYMENT TERMS. CTSI shall make payment to the CONTRACTOR no later than thirty (30) days after CTSI’s accounting department begins processing CONTRACTOR’s invoice such processing shall begin after CONTRACTOR presents the invoices and deliverables to CTSI’s authorized representative and the authorized representative submits written approval to the accounting department for payment based on an inspection of the work. Any payment may be withheld on account of (1) defective work not remedied, (2) claims filed by third parties, (3)failure of the Contractor to pay all wages, suppliers or subcontractors; or (4) to execute a right offset off for sums owed to CTSI. Payment by CTSI does not constitute a waiver of any claims by CTSI against CONTRACTOR concerning or arising out of this Agreement. Acceptance of final payment by CONTRACTOR constitutes a waiver of all claims by CONTRACTOR.

2. RIGHT TO AUDIT. The CONTRACTOR agrees to maintain for inspection by CTSI for three years after final payment all books, records, documents, and other evidence pertaining to the costs and expenses of this Agreement, hereinafter collectively called, “records”, to the extent and in such detail as will properly reflect all net costs, direct and indirect, of labor, materials, supplies, and services, and other costs of whatever nature for which reimbursement is claimed under the provisions of this Agreement.

3. OWNERSHIP OF DELIVERABLES. Any and all reports, data, findings or other materials or deliverables under this Agreement shall become the property of and remain under the sole proprietorship of CTSI. Material created by CONTRACTOR and paid for by CTSI shall be owned by CTSI, and shall be a “work for hire” as defined by the United States Copyright Act of 1976. This material includes, but is not limited to, plans, drawings, documents, computer programs, pamphlets, reports, studies, video production, audio reproduction, surveys, and materials in any other medium. CONTRACTOR for itself and any artists engaged by CONTRACTOR to perform work under this Agreement, specifically waives any all rights granted pursuant to the Visual Artists’ Rights Act of 1990. Material that CONTRACTOR uses to perform the Agreement but is not created for or paid for by CTSI is not owned by CTSI, however, CONTRACTOR shall arrange for CTSI to have a perpetual license to this material for CTSI’s internal purposes at no charge to CTSI.

4. CONFIDENTIALITY. CONTRACTOR will keep all information learned under this Agreement confidential and will not release any such information, either orally or in writing, to parties other than CTSI, its agents, contractors or employees without the express written permission of CTSI.

5. SUCCESSORS IN INTEREST. CTSI and CONTRACTOR each bind themselves and their partners, agents, assigns, successors and legal representatives of such other party to this Agreement and to the partners, successors and legal representatives of such other party with respect to all terms and conditions of this Agreement.

6. NONASSIGNABILITY. Neither CTSI nor CONTRACTOR shall delegate, assign, sublet or transfer their duties or interest in this Agreement without the written consent of the other party. Any such assignment, sublet, delegation or transfer shall be subject to the same terms and conditions as this Agreement.

7. INDEPENDENT CONTRACTOR. Services under this Agreement are provided by CONTRACTOR acting in a consulting or personal services capacity as an independent contractor and not as a CTSI employee. CONTRACTOR certifies that CONTRACTOR: (a) possesses all of the skills and tools necessary to perform services; (b) will establish CONTRACTOR’s own specific hours for performing services; and (c) will control the means and methods for carrying out this Agreement. CONTRACTOR is not entitled to any payments not expressly stated herein for any fringe benefit, including but not limited to, paid holidays, retirement plan benefits, life and health insurance plan benefits, subsidized cafeterias, company cars, stock options, and expense accounts. CONTRACTOR acknowledges that CONTRACTOR is responsible for all applicable taxes, unemployment and workers compensation or equivalent coverage.

Page 2 of 5 _____________CONTRACTOR must initial each page

8. SUBCONTRACTORS. Unless CTSI requires prior approval of subcontractors, CONTRACTOR may, in its discretion, engage subcontractors to perform work under this Agreement, provided that CONTRACTOR shall fully pay said subcontractors, and, in all instances, CONTRACTOR shall remain responsible for the proper completion of the work under this Agreement. CONTRACTOR shall not allow any subcontractors to begin work under its subcontract until CONTRACTOR is satisfied that the subcontractor has broad form general liability insurance and worker’s compensation coverage. Any subcontractor shall be bound by the terms of this Agreement. To the extent that any subcontractor fails to satisfy its obligation to defend and indemnify CTSI as detailed in Section 12 of this Agreement, the CONTRACTOR shall protect, defend, indemnify and hold harmless CTSI, its employees and agents from any and all costs, claims. Judgments and/or awards or damages arising out of, or in any way resulting from, the negligent act or omissions of the CONTRACTOR’S subcontractor, its employees and/or agents in connection with or in support of this Agreement.

9. COMPLIANCE. In the event payment for services under this Agreement is made from federal or state funds, CONTRACTOR shall abide by all applicable federal and state laws and regulations governing such funds which laws and regulations are hereby incorporated by reference. Any rights of the CONTRACTOR are subject to the limitations on and availability of such funds to CTSI. The CONTRACTOR shall, whether or not federal or state funds are involved, without additional expense to CTSI, comply with all applicable laws and obtain all required licenses and permits necessary to execute the provisions of this Agreement. CONTRACTOR shall file all required returns and notices. When working on the Siletz Indian Reservation, CONTRACTOR shall comply with all Tribal laws. Before commencing work, CONTRACTOR shall obtain all required Tribal licenses and permits. CONTRACTOR shall indemnify and hold CTSI harmless from any and all costs, liabilities, or obligations by reason of the failure of CONTRACTOR or his or her employees, agents, subcontractors or assigns to comply with any applicable law.

10. NONDISCRIMINATION. CONTRACTOR shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, age, sex, national origin, or handicap, with regard to employment upgrading, demotion, transfer, recruitment, advertising, layoff, termination, rates of pay, or other forms of compensation and selection for training.

11. TRIBAL PREFERENCE. Notwithstanding the provisions of paragraph 10, CONTRACTOR shall, to the full extent permitted by law, provide preference in employment and subcontracting, in the following order, to enrolled members of CTSI, other Indians and members of the CTSI community as well as enterprises or businesses wholly-owned by CTSI or its members.

12. INDEMNIFICATION. CONTRACTOR shall defend, indemnify and hold harmless CTSI, its employees and its agents for all loss, damage, liability, claims, lawsuits demands, r costs arising out of any strict liability, negligent or wrongful act or omission of the CONTRACTOR related to or arising out of the implementation of this Agreement. CONTRACTOR shall reimburse CTSI for all costs reasonably incurred to defend CTSI against such claims through attorneys of CTSI’s choice. CONTRACTOR waives, as respects to CTSI only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW as well as any similar coverage required for this work by applicable federal or other state’s state law.

13. DUTY TO NOTIFY CTSI. CONTRACTOR shall notify CTSI within ten (10) days of any litigation arising from or affecting its operations under this Agreement, including any bankruptcy or insolvency proceedings of CONTRACTOR or of its assignees or subcontractors.

14. INTEREST. The CONTRACTOR shall not be entitled to any interest on any amount found due and owing hereunder, whether before or after judgment, but shall, at most, only be entitled to the amount specified on the first page of this Agreement.

Page 3 of 5 _____________CONTRACTOR must initial each page

15. APPLICABLE LAW. The negotiation and execution of this Agreement shall be deemed by the parties to have occurred within the Siletz Indian Reservation and any interpretation thereof shall be in accordance with the laws of the Siletz Indian Tribe. In the absence of applicable CTSI Tribal law, then the parties shall apply federal law or Oregon State law in that order.

16. REMEDY FOR BREACH BY CONTRACTOR. Failure by CONTRACTOR to perform on its part any duty, term or condition herein shall constitute a breach. CTSI’s authorized representative shall be allowed to observe any work performed by the CONTRACTOR which is covered by this Agreement. may immediately suspend operation under this Agreement by written notice of any breach. Suspension shall continue until CTSI’s authorized representative certifies in writing that the breach is remedied. If CONTRACTOR is still in breach after seven days from the notice of suspension, CTSI may, without further notice, terminate all rights of CONTRACTOR under this Agreement. CTSI’s payment obligation, if any, shall be limited to payment of any work properly completed up to the time of suspension or termination. CONTRACTOR may suspend work, upon seven (7) days written notice to CTSI in the event that CTSI improperly withholds any periodic or installment payment due under this Agreement.

17. NO WAIVER. Any failure by CTSI to suspend or terminate this Agreement in case of breach shall not waive CONTRACTOR’s duty to perform strictly in accordance with this Agreement. The failure of CTSI to assert any claim or right at any time under this Agreement shall not waive its right to assert any claim or right at a later time.

18. NOTICE. Any notice sent under the terms of this Agreement may either be sent by personally giving a copy thereof to CONTRACTOR or its agents, employer or contractors or mailing a copy to the address set forth in this Agreement.

19. ACCEPTANCE. No payment made to CONTRACTOR pursuant to the terms of this Agreement shall be construed as acceptance of any work or material not in accordance with this Agreement.

20. REPRESENTATIONS AND WARRANTIES. CONTRACTOR represents that it is (1) able to furnish the plan, tools, materials, supplies, equipment and labor required to complete the work, (2) CONTRACTOR is authorized to do business in the State of Oregon and is properly licensed by all necessary governmental and public authorities having jurisdiction over the CONTRACTOR, and the work, and (3) CONTRACTOR’s execution, delivery and performance of the Agreement are within

CONTRACTOR’s powers and have been duly authorized. All work shall be performed by individuals duly licensed and authorized by law to perform said work. CONTRACTOR warrants that it has sufficient experience and competence to perform the work and services authorized under this Agreement and that all such work and services shall be completed in a professional and workmanship like manner and in compliance with industry standards. CONTRACTOR further warrants that their work shall be accomplished in a reasonable and prudent manner in accordance with the standards of the applicable profession in the State of Oregon.

21. INSURANCE. CONTRACTOR warrants that it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of CONTRACTOR, its employees, its agents or its subcontractors. CONTRACTOR agrees to keep in force during its acts under this Agreement a comprehensive ISO-compliant general liability insurance policy with a minimum limit of $1,000,000, and minimum carrier rating of AM Best A-VII. If CONTRACTOR is providing professional services, CONTRACTOR shall carry professional liability insurance in an amount appropriate for like professionals in the Seattle metropolitan area. Contractor's policies shall be primary and noncontributory with any similar insurance maintained by CTSI. Prior to beginning the work, CONTRACTOR shall provide a certificate of insurance to CTSI demonstrating that CONTRACTOR has the insurance described. CONTRACTOR shall require insurer to notify CTSI forty-five (45) days prior to cancellation of said policy. Unless waived in writing by CTSI, CONTRACTOR shall name CTSI as an additional insured. CONTRACTOR shall also maintain in full force and effect worker’s Page 4 of 5 _____________CONTRACTOR must initial each page compensation coverage for CONTRACTOR and its agents, employees, and staff that the CONTRACTOR may employ, and provide proof to CTSI of such coverage; or proof that such worker’s compensation insurance is not required under the circumstances.

22. DISPUTE RESOLUTION. If any dispute arises under this Agreement, the parties shall negotiate in good faith to resolve such dispute. If the parties cannot resolve such dispute themselves, then either party may submit this dispute to arbitration by an arbitrator approved by both parties. Such arbitration, including the selection of the arbitrator, shall be in accordance with the then current rules of the American Arbitration Association, unless the parties agree otherwise. Notice of a demand for arbitration will be filed in writing with the other Party to this Agreement. The award rendered by the arbitrator shall be final and binding and judgment may be entered upon said award in accordance with the laws of the Confederated Tribes of Siletz Indians, the State of Oregon or the United States of America.

23. LIMITED WAIVER OF SOVEREIGN IMMUNITY. Except as specifically provided in this Paragraph 23, the Agreement with CTSI does not and shall not waive, limit or modify its sovereign immunity from any lawsuit. CTSI does, however, expressly waive, in a limited manner, its sovereign immunity from suit for the limited purpose of permitting CONTRACTOR to bring a lawsuit to compel arbitration or enforce an arbitration award, in the United States District Court for the District of Oregon, the Court of Appeals for the Ninth Circuit and the United States Supreme Court, or, if the federal court declines to assert jurisdiction or venue, in the Courts of the State of Oregon, except that such waiver as to any claim for money damages or monetary payments is limited to the amount owed under the Agreement, but in no event any greater than the total Agreement amount. This limited waiver of sovereign immunity is solely for the benefit of Page 5 of 5 _____________CONTRACTOR must initial each page CONTRACTOR, and CTSI, by granting this limited waiver of sovereign immunity to CONTRACTOR, does not otherwise waive its sovereign immunity as to anyone other than CONTRACTOR.

24. INTEGRATION CLAUSE. This Agreement, including its referenced attachments, represents the entire and complete Agreement between the parties and supersedes all prior negotiations, representations or Agreements either written or oral. It may be amended or modified only in writing signed by both parties. Any apparent inconsistencies between the attachments shall be construed in favor of these Terms and Conditions. This Agreement shall not be valid unless each and every CTSI signature required herein is affixed and CONTRACTOR has initialed each page evidencing acceptance of all terms of this Agreement.

Page 5 of 5 _____________CONTRACTOR must initial each page Scope of Work

SCOPE OF WORK

1. INTRODUCTION

This contract will include the following task(s) and approved Plans, Specifications, and Engineers Estimate (PS&E) package for Confederated Tribes of Siletz Indians (CTSI), for Transportation Planning for miscellaneous projects in and around Siletz Oregon. All work shall be in accordance with 25 CFR Part 170. Projects constructed under this Contract will comply with the approved PS&E and the construction standards. The details are to be negotiated and incorporated into this Contract by a modification to the contract.

(a) For a BIA or tribally-owned facility, the tribe shall, unless otherwise negotiated assume responsibility to review and approve PS&E packages under this self-determination contract. The following requirements apply:

(l) A licensed professional engineer will supervise design and approval of the PS&E package;

(2) A licensed professional engineer will certify that the PS&E meets or exceeds the design, health, and safety standards in 25 CFR Part 170, appendix B to subpart D for an IRR transportation facility;

(3) An additional licensed professional engineer will review the PS&E package when it is at least 95 percent complete; and

(4) If the project is to be performed by the tribe, the tribe will provide a copy of the certification and approved PS&E package to BIA before the solicitation of the project or notice to proceed.

(b) For a facility maintained by a public authority other than BIA or a tribe, in addition to satisfying the requirements of paragraph (a) of this section:

(l) The public authority must have a chance to review and approve the PS&E when it is between 75 percent and 95 percent complete, unless an agreement between the tribe and the public authority states otherwise;

(2) If a licensed professional engineer performs the review and approval when the PS&E provided is at least 95 percent complete, the second level review requirement in paragraph (a)(2) of this section is satisfied; and

(3) The tribe must allow the public authority at least 30 days for review and approval. If the public authority does not meet this deadline or an extension granted by the tribe, the tribe may proceed with the review in accordance with paragraph (a)(2) of this section.

(c) If a BIA engineer does not complete a review within 30 days under paragraph (a)(2) of this section, the tribe may contract its own engineer to perform the review.

Design Deficiency If a review under 25 CFR Part 170.462 identifies a design deficiency that may jeopardize public health and safety if the facility is completed, the Secretary must:

(a) For a tribally-approved PS&E package, immediately notify the tribe of the design deficiency and request that the tribe promptly resolve the deficiency in accordance with the standards in appendix B; and

(b) For a BIA-approved PS&E package, promptly resolve the deficiency in accordance with the standards in appendix B and notify the tribe of the required design changes.

Deliverables

(a) The minimum requirements for a project are:

(l) Plans, following the NWRO Road Plans Checklist;

(2) Specifications, in federal or state D.O.T. format; and

(3) Engineer's Cost Estimates, with Item Number, Description, Units, Quantity, Unit Cost and Total Cost.

(b) In order to receive project approval the following additional items are required:

(l) A tribal resolution or other authorized document supporting the project;

(2) Right-of-way clearances;

(3) Required environmental, archeological, and cultural clearances; and

(4) Identification of design exceptions if used in the plans.

(c) A tribe may include additional items at its option.

Appendix A-Cultural Resource and Environmental Requirements for the TTP Program All BIA work for the TTP must comply with cultural resource and environmental requirements under applicable Federal laws and regulations, including, but not limited to:

1. 16 U.S.C. 1531, Endangered Species Act.

2. 16 U.S.C. 4601, Land and Water Conservation Fund Act (Section 6(f)).

3.16 U.S.C. 661-667d, Fish and Wildlife Coordination Act.

4.23 U.S.C. 138, Preservation of Parklands.

5.25 U.S.C. 3001~3013, Native American Graves Protection and Repatriation Act.

6.33 U.S.C. 1251, Federal Water Pollution Control Act and Clean Water Act.

7.42 U.S.C. 7401, Clean Air Act.

8.42 U.S.C. 4321, National Environmental Policy Act.

9.49 U.S.C. 303, Preservation of Parklands.

10.7 U.S.C. 4201, Farmland Protection Policy Act.

11. 50 CFR part 402, Endangered Species Act regulations.

12.7 CFR part 658, Farmland Protection Policy Act regulations.

13.40 CFR part 93, Air Quality Conformity and Priority Procedures for use in Federal-aid Highway and Federally-Funded Transit Programs.

14.23 CFR part 771, Environmental Impact and Related Procedures.

15. 23 CFR part 772, Procedures for Abatement of Highway Traffic Noises and Construction Noises.

16. 23 CFR part 777, Mitigation of Impacts to Wetlands and Natural Habitat.

17. 36 CFR part 800, Protection of Historic Properties

18. 40 CFR parts 260-271, Resources Conservation and Recovery Act

19. Applicable Tribal/State Laws

20 Other applicable Federal Laws and Regulations

Appendix B-Design Standards for the IRR Program Depending on the nature of the project, tribes may use the following design standards. Additional standards may also apply. To the extent that any provisions of these standards are inconsistent with ISDEAA, these provisions do not apply.

I. AASHTO Policy on Geometric Design of Highways and Streets.

2. AASHTO A Guide for Transportation Landscape and Environmental Design.

3. AASHTO Roadside Design Guide, latest edition.

4. AASHTO Guide for Selecting, Locating and Designing Traffic Barriers, latest edition.

5. AASHTO Standard Specifications for Highway Bridges, latest edition.

6. AASHTO Guidelines of Geometric Design of Very Low-Volume Local Roads (ADT less than or equal to 400).

7. FHWA Federal Lands Highway, Project Development and Design Manual.

8. FHWA Flexibility in Highway Design.

9. FHWA Roadside Improvements for Local Road and Streets.

10. FHWA Improving Guardrail Installations and Local Roads and Streets.

11. 23 CFR part 625, Design Standards for Highways.

12. 23 CFR part 630, Preconstruction Procedures.

13. 23 CFR part 633, Required Contract Provisions.

14. 23 CFR part 635, Construction and Maintenance.

15. 23 CFR part 645, Utilities.

16. 23 CFR part 646, Railroads.

17. 23 U.S.C. 106, PS&E.

18.23 U.S.C. 109, Standards.

19. DOT Metric Conversion Plan, October 31, 1991.

20. MUTCD Manual of Uniform Traffic Safety Devices, latest edition.

21. Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, latest edition.