This amendment was needed to increase the overall budget by $58,631 to cover unexpected overage' s during construction. Monies were transferred within the same project number (2000-027-00) which came from Contract 67695. As construction started the northern access road had a Cultural Resources inadvertent discovery where SHPO (State Historic Preservation Office) recommended to stop use until further notice. During that same time the contractor had order supplies and were being delivered to the site. We were able to get approve to access the site from the southern access route but increased time for delivery of concrete by 30 mins per load. The new route had to cross the river and meadows where the original route from the north was directly off the main highway. This also changed how many time the contractor had to move the coffer dams as well as build a temporary culvert to access the north side of the diversion dam.



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Current amendment was done because the original contractor bid did not include Davis Bacon wages and the original budget submitted needed to be updated to accommodate the increase cost for the contractor wages.  

The purpose and need for this contract is to replace/upgrade the instream structure that provides irrigation waters to the targeted wildlife property secured under the Fish and Wildlife Program.  This action has been reviewed and approved through the BOG process over the past three years.  Funding was approved as part of the FY 2014 SOY budget for this project.

Replace existing stanchion dam structure with an updated re-engineered structure. The re-engineered structure will be designed to accommodate highly variable flows of the Malheur River mainstem and provide fish passage. Completion of necessary permits prior to construction.  Completion of construction design and documents. Awarding of construction contract. Begin excavation, pour concrete, and backfill as necessary.

Budget Notes for CR-278101 – 2000-027-00 Malheur River In-stream Irrigation Rehab
Executive Summary
This contract is for the construction of the Malheur River Wildlife Mitigation Site’s diversion dam. This dam was severely damaged in 2006 and 2011 flood events. The replacement of this structure with a functioning structure that can with stand the highly variable flows of the Malheur River is necessary for the flood irrigation and maintenance of over 197 acres on the mitigation property.
This project is complex with multiple parties involved. This produces a unique set of challenges and makes risk management a priority for the Tribe and BPA. First the diversion dam is located on BLM property. This requires an Environmental Assessment (EA) to be performed by the BLM. The Tribe and BPA have worked closely with the Vale District BLM to assist with navigating this process. Because the BLM NEPA process may be longer than desired we have included two in-stream work periods. As the actual construction is estimated to take between 14-20 days, a relatively short time frame, by including November and December of 2015 in the contract it extends our potential in water work time frame from 151 days to 212. By having an additional 61 days it allows the Tribe to manage the risk of a longer than expected EA process. Second, the adjacent tax lot currently has part of our irrigation canal and is where the planned head gate structure will be installed. However, through the permitting and EA process it has come to our attention that the ownership is unclear. For this reason the Tribe is pursuing to avenues of action. The tribe is seeking to obtain an easement from the Wyoming, Colorado Railroad for installation and maintenance of our canal and head gate, if this easement is obtained it will negate the need to move the diversion structure downstream.  As this potential outcome is unpredictable at this juncture, we are pursuing a re-design that would involve moving the structure downstream a minimal distance and putting in approximately = 100 feet of new canal. By moving the structure the Tribe could keep all components of the diversion dam on BLM land. This would allow our ROW from BLM to maintain and install the structure without involving the railroad company. Although a minor change to the overall construction it has the potential to delay the BLM EA and is why the contract of December 31, 2015 will mitigate the potential risk of a ROW permit that is after the upcoming in-stream work period (November 1st – March 31st).
These budget notes help outline the plan for this construction process. Due to multiple interests and pieces, the Burns Paiute Tribe has made a plan that manages risk for the successful completion of the project by pursuing multiple avenues complete the project.


1. Personnel - $2509
Personnel funds have been allocated for the direct oversight during the construction period by the Natural Resource Director (NRD), Wildlife Program Manager (WPM), and Archaeological Technician.  The NRD’s role during construction and planning is the high level coordination with the various entities primarily BLM and the WY, CO Railroad Company as necessary. The WPM will be on site during most of the construction ensuring that the construction plan is followed. This includes: noxious weed control and decontamination of equipment, proper installation of coffer dams and silt barriers, review and approve any necessary changes.

2. Contract Services - $359,550
Contract services include all services provided by entities outside of the Tribe. These include Chote Construction, Quadrant Consulting, and BPA.
a. Dam Installation - $353,750
Chote Construction was awarded the bid in 2011 when construction was initially planned. As they were the load bid and capable of performing the work we chose this local contractor. Due to the 3 year delay we asked Chote Construction to revise their bid to accurately reflect changes in material and labor costs. The revised bid was $309,350 and was still the lowest price and best value of the bids initially received.
b. Re-design - $5,800
Quadrant Consulting is our engineering firm that has developed the construction criteria of the replacement structure.  Because of potential landownership conflicts with tax lot 2100 in T20S R39E sec. 33 of Malheur County, Quadrant Consulting has been asked to quote a re-design that would move the current diversion dam downstream ~6-10 ft. to avoid any construction or disturbance on tax lot 2100.

c. Acquisition and fees - $2,441
This money has been estimated for the use on real property fees and easements. As the ownership of the adjacent tax lot 2100 is unclear Burns Paiute Tribe with the Cooperation of BPA is pursuing acquisition or easements with the WY, CO Railroad Company. These fees include title searches and the writing of easements and contracts by BPA as well as potential costs of obtaining easements with the railroad company.