RURAL ROADWAY DESIGN FOR NATIVE AMERICAN

TRIBES….ideas for both tribes and engineers.

Shawna Ballay-Director Community Planning

and Development Ramah Navajo Chapter

Joe J. Sanchez, P.E. Senior Project Manager Gannett Fleming West,

Inc.

Tribal Priority List Tribal Funding Preliminary Project Issues Design Letting to Construction Project Completion / Maintenance

Disclaimer – There is a difference between FHWA and BIA Tribes in terms of contracts. Coordination and Protocol may differ with each.

Indian Reservation Roads Inventory Report (Updated Yearly)

Tribal Improvement Program (TIP / Updated Yearly) Order of Priority Long Range Transportation Plan (5 / 20 Year Plans)

Funding 25 CFR Part 170 – Distribution Formula for IRR Funds based

on Tribes Inventory Report Vehicle Miles Traveled Population Adjustment Factor Cost to Construct

SW Region Significantly Impacted these past few years. SAFETEA-LU Limits Ramah Decrease in Funding – $1.2M to $700K / year to cover

our planning and construction needs for over 280 public miles of roads.

Tribe can leverage their IRR funds to meet matching or cost participation requirements for any Federal or non-Federal transit grant or program.

IRRHPP Available – High Priority Projects ($1M) – Safety Issues to Demonstrate; for tribes with lower IRR appropriations; $1M cap.

Design Standards Standard Design Inspections (Plan Reviews) Clearances Special Fees ROW and ROW Types (Fee, Allotment, Trust, Special

Easements) Coordination and Communication Materials and Estimating Costs Contractor Risks ( Perceived and Real): establishing a

Competitive Bid Construction Schedules Contract Documents

USDOT FHWA Federal Lands BIA Local Tribal Standards State (In our Federal

Highway Agreement we have adopted the NM State Design Standards)

Title 25: IndiansPART 170—INDIAN RESERVATION ROADS PROGRAMSubpart D—Planning, Design, and Construction of Indian Reservation Roads Program FacilitiesTransportation Planning

Appendix B to Subpart D—Design Standards for the IRR Program

Standards

Appendix B to Subpart D—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.

1. 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.

Continued

BIA and FHWA has similar standards as other Federal and State Agencies for frequency of Inspections( 30, 50-60, 95, PSE)

PSE Packagea) The minimum requirements for a project package are: (1) Plans; (2) Specifications; and (3) Estimates.(b) In order to receive project approval the following additional

items are required: (1) 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.

Clearances Standard Environmental

Clearances Apply SWPPP Region 6 for

Indian Country Specific to Tribe

Resource Pits/Quarries (Navajo Nation, Other Tribes)

Water Usage Fees TERO Fees

Special Use Fees

BIA/NN Process

Each Tribe, Pueblo, or BIA Region will more than likely have a different wrinkle to this process. Every land type has a different procedure.

Variations

Type FEE ALLOTMENT TRUST Special Easements

Don’t Assume 1) Verify ROW limits

based on your geometry 2) Verify Locations of

Power, water, or Allotment/Chapter Easement Leases

Suggestions

Cannot Stress how important this is Proactive Tribe- Extremely Valuable and Very

Important Have a Primary Point of Contact Talk frequently Don’t assume anything Ask, and ask again if the design is what they want Keep in mind that engineers also need to help guide

the tribe in the right direction.

Use as much local materials as possible Try to minimize haul distances Existing Soils can be stabilized Try and locate Borrow areas in advance of Bidding Recognize if a Borrow Source is single source Reuse as much existing pavement material as possible

in your design

Perceived and Real Work Force Availability Arbitration Venue (may

vary) Equipment Risk Unusual Contract

Provisions Unrealistic Contract

Time Frames Construction Oversight

Use a PreBid Mandatory Project Walk Through

The engineer should point out how the design was developed

The engineer should identify special design features or contract clauses

Use a general invitation to contractors

Getting a Competitive Bid

(a) For a BIA or tribally-owned facility, the tribe may assume responsibility to review and approve PS&E packages under a self-determination contract or self-governance agreement if the tribe specifies in the contract or agreement that:

(1) 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 appendix B to subpart D for an IRR transportation facility;

(3) An additional licensed professional engineer (either a BIA engineer or, if the tribe chooses, a non-BIA 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:

(1) 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.

Working with the Tribal Procurement Officer or Director

Using Pre-Bid Meetings Stay within Protocols of the Tribal Procurement needs The Tribe Letts Bid Review and Assisting the Tribal Procurement

Officer The Tribe Awards

Involve FHWA and BIA during the project – send project report updates with pictures (Not required, but makes everyone happy).

Schedule Substantial and Final Inspections and ensure that both BIA and FHWA are included as required.

Maintenance responsibilities may be a concern; know who is going to be the owner at the conclusion of the project.

Provide FHWA and BIA a one (1) year warranty update upon inspection.

Funds ($1.9M) IRR HPP ARRA

Clearing and grubbing, tree removals, excavation, borrow, sub-grade preparation, lime treated sub-grade, grading, base course, and Hot Mix Asphalt (HMA) paving with minor structures work, ROW fencing, and seeding and erosion control with storm water pollution prevention control measures for approximately 1.6 miles of roadway .

We thank you for your Shawna Ballay-Director

Community Planning and Development

Ramah Navajo Chapter

Joe J. Sanchez, P.E. Senior Project Manager Gannett Fleming West,

Inc.

attention