FINAL AMENDMENT TO THE PRELIMINARY ENGINEERING REPORT · FINAL AMENDMENT TO THE PRELIMINARY ENGINEERING REPORT FOR CONSTRUCTION OF A DISTRIBUTION SYSTEM AND TANK FOR THE COMMUNITY

FINAL AMENDMENT TO THE PRELIMINARY ENGINEERING REPORT

FOR CONSTRUCTION OF A DISTRIBUTION SYSTEM AND TANK FOR THE

COMMUNITY OF REQUA OF THE

YUROK TRIBE

Prepared for the Yurok Tribe:

LT Travis J. Sorum, EIT Sanitation Facilities Construction

Indian Health Service Arcata, CA

September 2011

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PRELIMINARY ENGINEERING REPORT FINAL AMENDMENT FOR IMPROVEMENTS TO THE REQUA WATER SYSTEM

TABLE OF CONTENTS

I. INTRODUCTION .............................................................................................................. 2

II. REVISED SYSTEM PROPOSAL .................................................................................... 2

III. OPERATING BUDGET AND RATE PROPOSAL ....................................................... 6

IV. PROPOSED CONSTRUCTION SCHEDULE ............................................................. 10

V. CONCLUSIONS AND RECOMMENDATIONS ......................................................... 11

FIGURES

Figure 1 Requa Redundant Well Source (NPS Well) ........................................................................... 4Figure 2 Requa Primary Well Source (Requa Well) at base of Requa Hill .......................................... 5

TABLES

Table 1 Requa Peak Day Community Water Usage .......................................................................... 3Table 2 Requa Community Water System Reconnaissance Level Cost Estimate ............................. 7Table 3 Annual O&M Tasks Performed for the Requa Community System ..................................... 8Table 4 Requa Community Infrastructure Replacement Estimate ..................................................... 9Table 5 Requa Community Infrastructure Replacement Estimate ..................................................... 9Table 6 Requa Community Infrastructure Replacement Estimate ................................................... 10Table 7 Current Rate Schedule ......................................................................................................... 10Table 8 Estimated Project Schedule for Requa Community Water Improvements ......................... 10

A. YEDC FISH PROCESSING FACILITY -LETTER FROM YEDC TO IHS

APPENDICES

B. AUGUST 2011NEW REQUA WELL LOG/COMMUNITY WELL LOCATION MAP C. EASEMENT LAYOUT MAP/TERO COMPLIANCE

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I. INTRODUCTION During 2009, the Indian Health Service (IHS) was asked to assist the Yurok Tribe (Tribe) towards the completion of a pre-application to the USDA-Rural Development (RD) for water system improvements to serve the community of Requa. The pre-application was submitted by the Tribe to RD in December of 2009. The Tribe received a letter from the RD Area Loan Specialist dated January 2010 requesting additional information. Amendment #1 was submitted by the Tribe to RD in February 2010 to address comments from the January 2010 letter from RD and to amend the design layout presented in the original Pre-application/Preliminary Engineering Report (PER) to address potential high pressure conditions in the water pipes and geologic conditions encountered in the original design layout that could result in damage to the proposed infrastructure. Amendment #2 was submitted to RD in March 2011 to reduce the Scope of Work (SOW) presented in Amendment #1.This decision was made on the basis of an evaluation of construction costs involved with projects constructed on Yurok Tribal Lands in 2010 and 2011 and discussions with the Tribe, Hydroscience Engineers (HSe) and IHS. It was decided, as a result, to complete the Requa Water Improvements Project in phases, beginning with replacement of the most critical infrastructure. HSe completed a Feasibility Study (study) to analyze water system improvement alternatives for Requa. The final draft of that study was submitted to IHS staff in August 2011 and immediately forwarded onto RD staff for review and comments. This Final Amendment is submitted to RD to address a letter dated August 2011 from the RD State Engineer seeking additional information upon review of the study. The primary changes to the original proposal, Amendment #1 and Amendment #2 that will be discussed in this Final Amendment include adjustments to the infrastructure, cost estimate and timetable (planning to final closeout) in response to RD comments on the study. The adjustments presented in this document will amount to a total project cost of below the $1,000,000.00 limit mandated by RD. The Tribe proposes to construct a centralized permanent water system on Yurok Tribal Lands to serve the community of Requa. The community of Requa is located approximately four miles to the northwest of Klamath, CA. The project will provide a potable water supply to 36 homes, the Requa Inn and the Requa Resort, allowing room for expansion for future phases when project money becomes available. The system will include construction of a 100,000 gallon bolted steel water storage tank; 4-in transmission piping; 6-in distribution piping; service connections; fire hydrants and radio telemetry. The Tribe will have administrative and financial responsibility for the project. IHS will provide primary engineering services under a Memorandum of Agreement with the Tribe and function as project construction manager and inspector. II. REVISED SYSTEM PROPOSAL Requa Community Water System Under the proposed water improvements plan the following infrastructure will be installed; one new above ground gravity water storage tank; new 4-in transmission piping; new 6-in distribution piping; new service connections and fire/flush hydrants.

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The principle components are listed below:

1. Placement of an above-ground water storage tank (100,000-gal) on Yurok Tribal Lands directly northwest of the Fizer Road Area.

2. Radio telemetry. 3. 6-in PVC C900 water distribution line. 4. 4-in PVC C900 water transmission line; connecting the proposed 100,000-gal water storage

tank to the existing 4-in PVC transmission line. 5. Chlorination equipment at the Requa and NPS wells. 6. Fire hydrants for community protection. 7. Pressure relief valves. (PRV’s) 8. Water service connections.

Storage:

Table 1 Requa Peak Day Community Water Usage

The proposed AWWA-approved storage tank will be bolted steel and 100,000-gal in usable capacity. The proposed tank will be located to the northwest of the Fizer Road Area and directly above the residential and commercial development on Yurok Tribal Lands. The elevation of the proposed tank site is at 400 ft; 160 ft above the highest parcel in the community and 350 ft above the lowest parcel in the community. The proposed site resides along an existing and well maintained access road. The access grades are easily traversed. The Yurok Economic Development Corporation (YEDC) has already completed the planning and design phase for a fish processing facility to be located at the Requa Resort. The fish processing facility has an estimated usage of 20,000 gpd during the 2-4 week salmon run. The YEDC will be issuing a Request for Proposals (RFP) in the near future to secure a contractor to construct the processing facility. The YEDC is estimating that the processing facility will be completed and operational in June 2012. A letter addressed to IHS from YEDC is presented in Appendix A. The YEDC and their consultant, Winzler and Kelly Consulting Engineers out of Eureka, CA (W&K), is in agreement with the 100,000-gal storage tank presented in Amendment #2. The restaurant with the 1,500 gpd usage is no longer a part of the fish processing facility and will not be constructed. Table 1 illustrates re-calculated daily water usage that is more consistent with usage in a small rural community with no established community wastewater system. The updated estimate also negates the usage from the restaurant that the YEDC no longer plans to construct. Therefore, upon discussions with IHS Staff, the Tribe and YEDC and a re-calculation of water usage it has been decided that the volume of the storage tank will remain at the 100,000-gallon volume as previously planned.

Community Usage EDUsFlow per EDU

(gpd/unit)Peak Day

Flows (gpd)Existing Homes 36 275 9900Requa Inn 6 275 1650Requa Resort 14.5 275 3987.5Buildout Homes 17 275 4675Fish Processing Plant NA 20000 20000Fire Flow* NA 60000 60000

100212.5Total*Assumes a fire flow rate of 500 gpm for 2 hrs.

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Wells:

Currently, the Tribe is operating a primary and redundant well source to provide water service to the community. The Tribe received grant funding from the HUD Imminent Threat Program in June 2011 to drill a new primary well source to replace a recently failed well source. The well was drilled in August 2011 by Fisch Well Drilling out of Hydesville, CA to a depth of 80 ft. Planning, design and construction management of the Requa well project was coordinated by W&K. The well log is presented in Appendix B for review. The well was sized to produce a yield between 50-75 gpm. The new well is serving as the primary water source for the community and the NPS well (producing 25 gpm) will now serve as the redundant water source while continuing to serve the 5 homes on the NPS system. Due to the construction of the new well, the well construction line item stated in Amendment #2 will be removed from this most recent SOW and cost estimate. The NPS well is located approximately 0.5 miles from the Klamath River and is within the 100-year floodplain as presented in the Flood Insurance Rate Map (FIRM) for the area. The control panel is situated on a cast-in place concrete block which elevates the base of the unit approximately 1 ft off of ground level. The top of well casing is situated at 3 ft above ground level. The NPS well and control panel is presented as Figure 1. The primary well source is located directly west and adjacent to Salt Creek, at the base of the Requa hillside at the far northern edge of the community and approximately 1,000 ft west of the NPS well. The well and controls are located at the very edge of the 100-year floodplain as presented in the FIRM and are situated at a location that is approximately 10 ft higher than where the NPS well is situated. Both wells are located on the north (dry) side of Requa Road. Requa Road is built-up approximately 10 ft above ground level to act as an earthen dike for flood protection. This is the only form of flood protection for the two wells. A layout map indicating the location of Requa Road, the NPS well and the Requa well can be viewed in Appendix B. The NPS well was constructed in 1987 and the recently failed Requa well was constructed in 1982. Additional flood-proofing measures will be instituted into the design and construction phase of this project to protect critical water supply infrastructure and are included in the reconnaissance cost estimate in Table 2. Flood proofing measures will include the relocation and mounting of the electrical controls to a higher elevation at the two respective well sites.

Figure 1 Requa Redundant Well Source (NPS Well)

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Figure 2 Requa Primary Well Source (Requa Well) at base of Requa Hill

Pumping Stations: The only required pumping will be from the two-well system to the proposed 100,000-gal storage tank; approximately 8,000 ft of 4-in PVC transmission line will connect the wells to the storage tank. Only 1,500 ft of 4-in transmission line will be installed under this proposed phase of the project, connecting the storage tank to the existing transmission line. Distribution Layout: New 6-in PVC C900 water distribution main will connect the community to the proposed tank. The distribution line will follow Patrick J. Murphy Boulevard approximately 1/10 of 1 mile to the west of the access road turnoff to the tank and extend just past the Requa Inn on the far eastern edge of the community, approximately 7/10 of 1 mile from the tank access road turnoff. New 4-in PVC C900 water transmission line will connect the proposed tank to the existing 4-in PVC transmission line. Replacement of the entire transmission line will be completed during future phases of the Requa Water Improvements project. When this most current phase is completed, the community will have a dedicated transmission and distribution line. Treatment:

• Greater storage capacity and improved tank piping layout.

The need for water treatment is expected to include only occasional chlorination at the well sites. Prior to operation of the water system, well and water quality data will be collected and analyzed by a professional engineer. The results of those tests will determine the final need for water treatment; however, no treatment is anticipated at this time. The new storage tank and distribution piping will provide better chlorine contact time (CT) with the water before being delivered to community residences. The better CT will be accomplished in two ways.

• Replacement of the existing bi-directional lines serving as both the transmission and distribution line with a separate dedicated transmission and distribution line.

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Easement: A layout map, indicating required easements and corresponding locations, is presented in Appendix C. Based on information obtained at the Del Norte County Assessor’s Office a Del Norte County Encroachment Permit will likely be required to construct the 6-in water distribution line along Patrick J. Murphy Boulevard. Attaining the permit should be a fairly routine process given the fact that the County granted the Tribe a permit to install the existing 4-in transmission line. NEPA Environmental Documentation: A NEPA Environmental Document will be prepared on behalf of the Tribe to cover the construction to be completed under this proposed project before any work is undertaken. A biological assessment will be completed by a registered biologist to determine if there is any effect on Threatened and Endangered Species and, if an effect exists, to provide mitigation measures (limited operating period) to minimize and/or eliminate the effect. The costs incurred by hiring a registered biologist are included in the cost estimate. Cultural Clearance: A Yurok Tribe Cultural Resources Management Permit will be prepared and submitted to the Tribes Historical Preservation Officer (THPO) before any work is undertaken to minimize/eliminate the disturbance to any cultural artifacts that may exist in the area. If possible effects to cultural artifacts become present during THPO review of the project a cultural monitor will likely be required to be on-site during the course of excavation activities. TERO Requirements:

III. OPERATING BUDGET AND RATE PROPOSAL

The Tribe has an established Tribal Employment Rights Office and will require TERO fees on both construction and planning projects. The designated TERO Officer for the Tribe is Jennifer Elk and she can be contacted at 707-482-1350, Ext. 370. TERO fees on construction projects will be 3% of the contract amount while TERO fees on planning projects will be 0.5% of the contract amount. The applicable portion of the Tribes TERO guidance illustrating these percentages is presented in Appendix C. Project Cost Estimates The cost estimates presented in Table 2 assumes the IHS will provide engineering and inspection oversight services. Construction will primarily be completed by licensed contractors, but Tribal labor crews under the supervision of the IHS will occasionally be used to enhance Tribal capacity.

Annual Operating Budget Maintenance: The water system will be operated by the Yurok Public Utility District (YPUD). A final rate schedule for users of the system will be developed prior to initial operation to provide sufficient replacement and repair funds for the community. When funded, there will be no long-term existing debts associated with this project. Income: Income shall be derived from a budget line item expenditure in the annual Yurok Tribal Budget. The line item amount will be no less than the sum of the annual costs presented in Table 3. O & M Costs: Annual Operations and Maintenance budget is based on known costs associated with the existing Requa community water system operated by the YPUD in audit year 2008. Table 3 presents

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an estimate of the annual costs associated with operation of the proposed Requa community water system that the Tribe will have to pay in labor and materials.

Table 2 Requa Community Water System Reconnaissance Level Cost Estimate

UNIT TOTALITEM DESCRIPTION QTY UNIT PRICE PRICE

1 Archaeology/Environmental Review/Permitting 1 LS $5,000.00 $5,000.002 Geotechical and Engineering Services 1 LS $30,000.00 $30,000.003 TERO (0.5%) 1 LS $175.00 $175.00

$35,175.00

Water Facilities4 Mobilization/Demobilization 1 LS $40,000.00 $40,000.005 Well Pipeline Intertie 1 LS $5,000.00 $5,000.006 Bolted Steel Water Storage Tank 100,000 GAL $2.35 $235,000.007 Gravel Base Rock 50 CY $90.00 $4,500.008 Tank Level Controls 1 LS $15,000.00 $15,000.009 Fencing 200 LF $35.00 $7,000.00

10 6-in PVC C900 Pipe 3900 LF $65.00 $253,500.0011 4-in PVC C900 Pipe 1500 LF $45.00 $67,500.0012 Service Connection Relocation 7 EA $750.00 $5,250.0013 Fire Hydrant 8 EA $3,000.00 $24,000.0014 6-in Gate Valve 7 EA $900.00 $6,300.0015 4-in Gate Valve 1 EA $750.00 $750.0016 Pressure Relief Valve 5 EA $2,500.00 $12,500.0017 Chlorination Equipment 2 EA $3,500.00 $7,000.0018 Well Floodproofing 2 LS $4,000.00 $8,000.0019 TERO (3%) 1 LS $20,739.00 $20,739.00

$712,039.00

20 Construction Contingencies 15% of $712,039.00 $106,805.85$818,844.85

21 Tribal Administrative Fees 3% of $747,214.00 $22,416.0022 IHS Project Technical Support 15% of $747,214.00 $112,082.00

$134,498.00

Total Sections I, II and III: $988,517.85Total Project Value (Rounded to Nearest $100): $988,500.00

III. ENGINEERING AND ADMINISTRATION

SUB-TOTAL:

SUB-TOTAL SECTION III:

IV. SUMMARY

I. PLANNING - TRIBAL PROCUREMENT

SUB-TOTAL SECTION I:

II. CONSTRUCTION - TRIBAL PROCUREMENT

SUB-TOTAL SECTION II:

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Table 3 Annual O&M Tasks Performed for the Requa Community System

Debt Repayments and Reserves

Annual O & M Tasks Estimated Cost

General and Administrative 70Payroll 40,000Repairs and Maintenance 550Travel and Training `1000Contractual 1,500Office Supplies 5,200Utilities and Telephone 5,000Dues and Subscriptions 400Insurance 850Rent 9,500Equipment 120

Total $63,190

: The proposed financing is by means of a grant from RD. Short lived assets are shown as having a service life less than 15 years. Annual operation and maintenance is included to show future worth comparatives over the 60-yr service life of the longest-lived infrastructure (tanks). The information presented in Tables 4, 5 and 6 illustrate the present worth and future worth projections to calculate the annual and monthly cost of infrastructure replacement. Table 4 illustrates the overall infrastructure replacement costs when all phases of the system have been constructed. Tables 5 and 6 illustrate the infrastructure replacement costs and short lived asset replacement costs, respectively, for work to be completed under the proposed project described in this document. There are a few options available to the Tribe when considering a rate structure to satisfy RD grant requirements and operate a sustainable utility that benefits Tribal Residents in the Requa community. Eventually, the YPUD has to have enough revenue to operate effectively and generate a reserve to replace equipment and structures. If the Tribe were to consider a water system that was minimally sustainable by requiring all residents to pay a flat rate covering operation and short-lived (< 15 years) asset replacement cost, a resident rate of $36 would be necessary. This rate structure would allow the Tribe to move toward a sustainable utility system; however, it is not anticipated that low-income Tribal residents are in a position to pay this amount for water service. A Tribal subsidy will be necessary to sufficiently provide maintenance and infrastructure replacement funds. Whichever rate structure is finally approved in consultation with RD, it is important for the Tribe to continuously examine the costs during the first few years after construction of the water system to determine if the rates charged and Tribal subsidies are matched to the operation and infrastructure replacement costs actually needed. The rate structure presented in Table 7 is currently used by the Tribe. The Tribe has stated that they have not traditionally subsidized water services. A monthly service rate of $65 to subsidize lower income residents and Tribal elders would aid significantly with infrastructure replacement costs.

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Table 4 Requa Community Infrastructure Replacement Estimate


Facility Present Worth

Replacement Year

Future Worth

Annual Cost

Monthly Rate

Requa Water Upgrades - All PhasesWater Tank 290,000 60 1,708,680 10,474 873Distribution System 500,000 40 1,631,000 21,692 1,808Transmission Piping 400,000 40 1,304,800 17,354 1,446Fire Hydrants 42,000 15 65,436 3,520 293Well Pumps and Controls 25,000 10 27,500 1,650 138Well 110,000 40 358,820 4,772 398Chlorination Equipment 8,000 10 8,800 528 44Telemetry Controls 15,000 15 23,370 1,257 105Water Meters/Service Connections 50,000 15 77,900 4,191 349Tank Rehabilitation 15,000 15 23,370 1,257 105Annual O & M 16,000 60 2,608,848 16,000 1,333

$82,697 $6,891Total Project Annual Cost $83,000 -

Total Project Monthly Cost $6,9001Interest rate of 3%, using Compound Interest Tables in Engineering Economic Analysis, Newnan et al., 9th Ed., 2004.

Project Total


Replacement Year

Future Worth

Annual Cost

Monthly Rate

Requa Water Upgrades - Phase IWater Tank 290,000 60 1,708,680 10,474 873Distribution System 270,000 40 880,740 11,714 976Transmission Piping 70,000 40 228,340 3,037 253Fire Hydrants 24,000 15 37,392 2,012 168Chlorination Equipment 8,000 10 8,800 528 44Telemetry Controls 15,000 15 23,370 1,257 105Service Connections 10,000 15 15,580 838 70Tank Rehabilitation 15,000 15 23,370 1,257 105Annual O & M 16,000 60 2,608,848 16,000 1,333



Project Total

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Table 7 Current Rate Schedule

IV. PROPOSED CONSTRUCTION SCHEDULE An anticipated construction schedule is presented in Table 8. The adherence to this schedule depends upon funding, contractor availability, bidding requirements and weather. The construction season for the site is primarily May through November, and the Tribe is prepared to initiate preparatory construction activities immediately upon grant funds being available.

Table 8 Estimated Project Schedule for Requa Community Water Improvements


Replacement Year

Future Worth

Annual Cost

Monthly Rate

Requa Water Upgrades - Short Lived AssetsFire Hydrants 42,000 15 65,436 3,520 293Chlorination Equipment 8,000 10 8,800 528 44Telemetry Controls 15,000 15 23,370 1,257 105Tank Rehabilitation 15,000 15 23,370 1,257 105Water Meter/Service Connections 50,000 15 77,900 4,191 349Well Pumps and Controls 25,000 10 27,500 1,650 138



Project Total

Monthly Service Rates $/monthCommercial Rate $140Residential Rate $36Exempt Public Safety Rate $0Tribal Elder Rate $10Idle Rate $10Requa Grandfathered Rate $20

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V. CONCLUSIONS AND RECOMMENDATIONS The current Requa community water system is not of sufficient condition to deliver water on a consistent basis and at the required pressure to serve the existing residences, the Requa Inn and the Requa Resort. This not only creates a hardship for the YPUD and community residents due to lack of required flow but also a potential health threat as well. A larger capacity water storage tank connected to a separate dedicated transmission and distribution line would provide better chlorine CT with the water before it is delivered to community residences and fire flow for community protection. The new system would also provide all residents in the community with uninterrupted water service at the required pressure (20-60 psi) during times of low to peak usage. The relocation of the water storage tank to Yurok Tribal Lands would ensure that the YPUD would have unlimited access to the storage tank site for necessary operation and maintenance. It is recommended, therefore, that a 100,000-gal bolted steel water storage tank located on Tribal Lands; distribution and transmission piping; service connections and fire hydrants be constructed to serve the existing residences, Requa Inn and Requa Resort. The first phase of this Requa Water System Improvements Project will cost an initial $988,500.00. Completion of this first phase is anticipated to be December 2013/February 2014. The Tribe needs the proposed project to provide a safe, clean, and continuous supply of water to the community of Requa. The water system will be a key element of residential health and safety by supplying potable water at the required flow and pressure and appropriate water storage for fire protection.

Appendix A YEDC FISH PROCESSING FACILITY/RESTAURANT-TIMELINE FOR CONSTRUCTION

",,""""6· Yurok Economic Development Corporation 144 Klamath Blvd • P.O. Box 1027 • Klamath, California 95548

Phone: (707) 482-0657 • Fax (707) 482-0729

~~~~~~~~~~~~~~~~~~~

August 30, 2011

L T Travis J Sorum Indian Health Service Arcata Field Office 1125 16th St, Suite 100 Arcata, CA. 95521

Dear Travis,

As per our conversation last week, here are the details on the Yurok Fish Plant and Cannery.

Fish Processing Building The proposed fish processing building is located adjacent to and west of the existing RV Park. The building will be approximately 7100 square feet. There will not be a restaurant attached to the fish plant. The building includes a raw and a cooked fish handling room, areas to prepare raw fish for smoking, space to process and package smoked fish, tote and rack washing room, office space, restrooms, flash freezer, thawing room /raw cooler and finished cooler. The proposed fish processing building was designed to accommodate processing of the entire annual salmon harvest of about 187,000 pounds of fish during 48 weeks of the year that are harvested during the fishing season. Subtracting for holiday, this means that approximately 800 to 1000 pounds of will be processed in the fish processing building during an eight hour shift each day.

Water This facility will need both water and wastewater systems. We estimate the peak water need will occur when the raw fish are processed for storage and the peak flow rate at that time will be between 25 and 30 gallon per minute (GPM). For the water supply there is an existing 4 inch water line that is part of the Requa water system. This size line is more than sufficient to provide the peak flow needed. We understand that this system has limited amount of water and that the well serving this system recently failed and the Tribe is working to get some emergency funding to replace this well. If the project was to provide additional storage, we estimate that the water tank would need to be around 100,000 gallons capacity. Another alternative would be to increase the size of the well plus water tanks.

Travis. if you need to see the design ofthe building or and more information please feel free to contact me.

The project is scheduled to be completed June 2012. We are breaking ground the first of October 20 I 1.

Sincerely P V~~~ Tanya~grey, Executiv~ir~ . Yurok Economic Development Corporation [email protected]

Appendix B REQUA AND NPS WELL INFORMATION

*The free Adobe Reeder may be used to 1Aew and complete this form. However, software roost be purchased to complete, save. and reuse a SlY&CI fOnn.

File Original with DWR State of California

Page 1 of ...:1__ Well Completion Report I' I..J. I , I I: .. Referlo~~

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Appendix C EASEMENT LAYOUT MAP/TERO COMPLIANCE

YUROlt TRIBE TRIBAL EMPLO!MEN'l' RIGHTS ORDINANCE

DATE APPROVED: October 22, 2003 OAT!!! AMENDED: June 9, 2005

SUBJECT: Establishment of the Yurok Tribal Employment Rights Office (TERO) and adoption of standards and procedural guidelines for application of Yurok and Indian Preference in Employment.

TABLE OF CONTENTS

SECTION 1.0 SHORT TITLE 1.1 Authority 1.2 Jurisdiction 1.3 Statement of Purpose 1.4 Consistency with Federal Laws

SECTION 2.0 DEFINITIONS SECTION 3.0 ROLE OFYUROK TRIBAL COUNCIL

3.1 Authori'ty 3.2 Council Expenses 3.3 Duties of the Council 3.4 Powers of the Council 3.5 Delegation of Authority

SECTION 4.0 THE YUROK TRIBAL EMPLOYMENT RIGHTS OFFICE 4.1 Establishment of Office and Hiring of TERO

officer(s) 4.2 Coverage 4.3 Duties of the TERO Administrative Officer 4.4 TERO Officer Authority

SECTION 5.0 APPLICABILITY AND COVERAGE 5.1 Applicability 5.2 Covered Positions 5.3 Qualified Indians and Employment Criteria 5.4 Eligible Indians

SECTION 6.0 IMPLEMENTATION OF SPECIFIC INPXAN PREFERENCE 6.1 Employers, Contractors, and Subcontractors 6.2 Goals and Timetables for Indian Employment 6.3 Training

m.5IOS I

6.4 Tribal Skills Bank and Referral Process 6.5 Preference in Employment Contracting and

Subcontracting 6.6 Indian Preference/Pre-Award Labor Force

Projection 6.7 Failure to Submit. Indian Preference/Pre-Award

Labor Force Projection 6.B Amendments to Plan 6.9 Bid Shopping Prohibited 6.10 Layoffs or Reductions in Workforce 6.11 Consideration for Promotion 6.12 Summer Employment for Students

SECTION 7.0 TERO PERMXT PaOCESS SECTION 8. THE YUROK TRIBAL EMPLOYMENT RIGHTS FEE

B.l Establishment of Tribal Employment Rights Fee 8.2 Fee Schedule B.3 Duties of TERO Officer/Method of Payment

SECTION 9. o COMPLIANCE SY UNIONS 9.1 Mandatory Elements of' Union Agree.ments 9.2 Recognition of Unions

SECTION 10.0 DOE PBOCESS AND BEARINGS 10.1 Ri'ght to Hearings 10.2 Notice of Hearing 10.3 TERO Office Complaint Procedure 10.4 Individual Complaint Procedure 10.5 Compiaint by an Employer or union 10.6 Investigations 10.7 Hearing Procedures 10.B Appeals 10.9 Confidentiality

SECTION 11.0 TERO COMPLIANCE SECTION 12.0 REPORTING AND ON-SITE INSPECTIONS SECTION 13.0 PENALTIES FOR VXOLATIONS SECTION 14.0 01U>ERS OF THE YUReK TRIBAL POLXCE SECTXON 15.0 PDBLXCATION OF 01U>rNANCE SECTXON 16.0 SEVERABXLITY SECTION 17.0 EFFECTIVE DATE SECTION 18.0 SOVEREIGN IMMUNITY SECTION 19.0 EXCLUSrvXTY OF REMEDY

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SECTION 8. THE YUROK TRI~ EMPLOYMENT RIGHTS FEE

8.1 Establishment of Tribal Employment Rights Fee

There is hereby established a TERO fee to be paid to the Yurok Tribe TERO Office by each covered employer. The purpose of the fee is both to raise revenue for operation of the Yurok TERO, and provide educational job training services to Yurok Tribal Members.

8.2 Fee Schedule

8.2.1 Covered employers with a construction contract must pay a one-time fee of three-percent (3%) of the total gross amount of the contract, where the total contract .amount is at least twothousand dollars u.s. ($2,000.00 U.S.).

8.2.2 All other covered employers shall be assessed a fee at the rate of one-half of one-percent (1/2 of 1%) of that covered employer's total gross annual revenue earned directly from engaging in commerce and/or business on the Reservation ..

8.3 Duties of TERO Officer/Method of Payment

The TERO Officer shall be responsible for collecting all TERO fees from covered employers.

8.3.1 The TERO fee shall be paid to the Yurok Tribe; and shall be credited to the account of the Yurok Tribe TERO for use in implementing this Ordinance; and shall be governed by guidelines approved by the Yurok Tribal Council.

8.3.2 The TERO fee may be paid in incremental payments, subject to prior approval of the Yurok by the ·Tribe's Finance Department ·and execution of a written agreement ina form acceptable to same. The agreement to make incremental payments shall be affixed to the contract to which the TERO fee applies.

8.3.3 The Yurok Tribe Fiscal Department shall be exempt from any TERO Fees.

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PROPOSED (N) WATER STORAGE TANK AND MAIN UE WITHIN YUROK TRIBE PARCEL ,140-020-034. NO EASEMENT IS REQUIRED.

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/(£'41.f4,..,..,

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(E) 2" MAIN -+--- PRIVATE EASEMENTS

TO YPUD IN PLACE

NOTE: PROPOSED WATERMAIN REPLACEMENT ALONG PATRICK J MURPHY BLVD. (AKA:. REQUA ROAD) UE WITHIN DEL NORTE COUNTY ROAD ROW, A STRIP 20' ON EACH SIDE OF THE ROAD CL PERMISSION TO WORK WITHIN THAT ROW WILL BE ACCOMPUSHED WITH A DEL NORTE COUNTY ENCROACHMENT PERMIT.

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(E) 30,000 GAL WATER STORAGE TANK AND WATER MAIN. BIA EASEMENT IN PLACE

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REOUA WATER SYSTEM NOT TO SCALE

Documents

FINAL AMENDMENT TO THE PRELIMINARY ENGINEERING REPORT · FINAL AMENDMENT TO THE PRELIMINARY ENGINEERING REPORT FOR CONSTRUCTION OF A DISTRIBUTION SYSTEM AND TANK FOR THE COMMUNITY