HomeMy WebLinkAbout000708 Original ContractCity of Port Angeles
Record #000708
AGREEMENT AND
SERVICES CONTRACT
THIS AGREEMENT ("Contract") is dated effective this t day of IDQ_cevy,€A) , 2013 and
is made by and between the City of Port Angeles, a Washington municipal corporation ("City" or
"Owner"), and SWCA Environmental Consultants ("Consultant or Contractor").
WITNESSETH:
That WHEREAS the Owner heretofore has requirements for cultural resources and archaeological
services
and the Contractor did on the 19th day of November , 2013, file with the Owner a proposal to
provide cultural resources and archaeological services and agreed to accept as payment therefore
the rates fully stated and set forth in the Proposal, and;
WHEREAS, the said Contract Documents fully and accurately described in terms and conditions
upon which the Contractor proposes to furnish said equipment, labor, materials, and provide said
services, together with the manner and time of furnishing same;
IT IS THEREFORE AGREED, first, that a copy of said Proposal and other Contract Documents
filed with the Owner, as aforesaid, does, in all particulars, become a part of the Agreement and
Contract by and between the parties hereto in all matters and things therein set forth and described;
and further, that the Owner and the Contractor hereby accept and agree to the terms and conditions
of said Contract Documents as filed as completely as if said terms, specifications, conditions, and
plans were herein set out in full.
This Contract, the Contract Documents, (Contractor's Proposal) in part or in whole, and any
supporting contract documents agreed to in negotiations contain all of the agreements of the Parties
with respect to any matter covered or mentioned in this Contract and no prior agreements or
understandings shall be effective for any purpose. No provision of this Contract may be amended
except by written agreement of the Parties. The Contractor shall not transfer or assign, in whole or
in part, any or all of its obligations and rights hereunder without the prior written consent of the
Owner. In the event the Owner consents to any such assignment or transfer, such consent shall in
no way release the Contractor from any of its obligations or liabilities under this Contract.
Subject to the preceding sentence, this Contract shall be binding upon and inure to the benefit of
the Parties' successors in interest, heirs and assigns. The venue for any dispute related to this
Contract shall be Clallam County, Washington. Failure of the Owner to declare any breach or
default immediately upon occurrence thereof, or delay in taking any action in connection with,
shall not waive such breach or default. This Contract shall be governed by and interpreted in
accordance with the laws of the State of Washington. Each individual executing this Contract on
behalf of the Owner and Contractor represents and warrants that such individuals are duly
authorized to execute this Contract. Time is of the essence of this Contract and each and all of its
provisions in which performance is a -factor. Adherence to completion dates is essential to the
Contractor's performance of this Contract. In the event of a conflict between the terms and
provisions of any of the Contract Documents, the City Manager or his or her designee shall issue
an interpretation of the controlling document, which interpretation shall be final and binding.
1. SCOPE OF SERVICES
A. General Scope
The CITY may review the CONSULTANT'S services, and if they do not meet the Professional
Standard of Care the CONSULTANT shall make such changes as may be required by the CITY.
Such changes shall not constitute "Extra Work" as related in Section 4.F of this Agreement. Any
changes made necessary due to causes outside the CONSULTANT'S reasonable control shall be
provided as an extra work herein.
The CONSULTANT agrees that all services performed under this Agreement shall be in
accordance with the standards of the profession for similar services on similar projects of like size
and nature and in compliance with applicable federal, state and local laws.
The Scope of Services may be amended upon written approval of both parties.
B. Tasks and Budget (January 1, 2014 through December 31, 2015)
TASKS
BUDGET
CY 2014
BUDGET
CY 2015
Task 1 — Provide Cultural Resource and Archaeological Services
in Support of the Department of Public Works and Utilities
Operations Division
$20,000.00
$20,000.00
Task 2 — Provide Cultural Resource and Archaeological Services
in Support of The Department of Public Works and Utilities
Engineering Division
$32,000.00
$25,000.00
Task 3 —Provide General Cultural Resource and Archaeological
Services in Support of the Department of Community and
Economic Development
$10,000.00
$10,000.00
Task 4 — Provide Cultural Resource and Archaeological Services
in Support of Department of Community and Economic
Development Capital Projects
$50,000.00
$15,000.00
Total
5112,000.00
$70,000.00
2. MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation
and reimbursement under this Contract, including labor, direct non-salary reimbursable costs and
outside services, shall not exceed the maximum sum of $112,000 for calendar year 2014 and
$70,000 for calendar year 2015. The budget for each task is as set forth above. Budgets for task(s)
may be modified upon mutual agreement between the two parties, but in any event, the total
payment to CONSULTANT shall not exceed $112,000 for calendar year 2014 and $70,000 for
calendar year 2015. This contract for services will be on an as-needed basis. The City does not
guarantee any minimum amount of work under this contract.
3. TERM OF THE CONTRACT
The term of the contract is two (2) years, January 1, 2014 through December 31, 2015. The City
reserves the right to extend this contract for services an additional three (3) years, extending in 12
month increments by mutual agreement. This contract for services will be on an as-needed basis.
The City does not guarantee any minimum or maximum amount of work under this contract.
4. PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the Contract. Such payment
shall be full compensation for work performed, services rendered, and all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and
profit plus CONSULTANT'S direct non-salary reimbursable costs as set forth in the
Consultant's proposal.
B. The CONSULTANT shall submit invoices to the CITY within 30 days of completing any
project. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize
with receipts and invoices the non-salary direct costs; shall indicate the specific task or activity
to which the costs are related; and shall indicate the cumulative total for each task. In addition,
the CONSULTANT will submit a short narrative describing progress made on all open projects
during the pay period.
C. The CITY shall review the invoices and make payment for the CITY for the work
accomplished less the amounts previously paid.
D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a
disputed billing, only the disputed portion will be withheld from payment.
E. Final payment for the balance due to the CONSULTANT will be made after the completion of
the work and acceptance by the CITY.
F. The CITY may desire to have the CONSULTANT perform work or render services in
connection with this Contract, in addition to the Proposal set forth in Attachment B and minor
revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and
shall be addressed in a written supplement to this Contract. The CITY shall not be responsible
for paying for such extra work unless and until the written supplement is executed by both
parties. Payment for "Extra Work" performed under Section 4.F of this Contract shall be as
agreed to by the parties in writing.
5. CHANGES IN WORK
Other than changes directed by the CITY as set forth in Section 1 above, either party may request
changes in the Scope of Services. Such changes shall not become part of this Agreement unless
and until mutually agreed upon and incorporated herein by written amendments to this Agreement
executed by both parties.
6. SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement
without the written consent of the CITY.
B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for
work to be performed pursuant to a subcontract, including procurement of materials and
equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT
of CONSULTANT's obligations under this Agreement, including the nondiscrimination
requirements.
7. NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-
discriminatory treatment of all persons, without respect to race, creed or national origin, or other
legally protected classification and, in particular:
A. The CONSULTANT shall maintain open hiring and employment practices and will welcome
applications for employment in all positions, from qualified individuals who are members of
minorities protected by federal equal opportunity/affirmative action requirements; and,
B. The CONSULTANT shall comply with all requirements of applicable federal, state or local
laws or regulations issued pursuant thereto, relating to the establishment of non-discriminatory
requirements in hiring and employment practices and assuring the service of all persons
without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status,
disabled veteran condition, physical or mental handicap, or national origin.
8. INDEPENDENT CONTRACTOR STATUS
The relation created by this Contract is that of owner-independent contractor. The
CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by the
CITY to its employees. The CONSULTANT, as an independent contractor, has the authority to
control and direct the performance of services within the scope of services. The CONSULTANT
shall assume full responsibility for payment of all Federal, State, and local taxes or contributions
imposed or required, including, but not limited to, unemployment insurance, Social Security, and
income tax.
9. EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of any work or services
under this Contract, shall be considered employees of the CONSULTANT only and not of the
CITY, and claims that may arise under the Workman's Compensation Act on behalf of said
employees while so engaged, and any and all claims made by a third party as a consequence of any
negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any
of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
In performing this Contract, the CONSULTANT shall not employ or contract with any CITY
employee without the CITY's written consent.
10. OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic negatives, or other
presentations of the work with the exception of those standard details and specifications regularly
used by the CONSULTANT in its normal course of business shall upon payment of all amounts
rightfully owed by the CITY to the CONSULTANT herein become the property of the CITY for
use without restriction and without representation as to suitability for reuse by any other party
unless specifically verified or adapted by the CONSULTANT. However, any alteration of the
documents, by the CITY or by others acting through or on behalf of the CITY, will be at the
CITY's sole risk.
11. TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written
notice to the CONSULTANT. Written notice will be by certified mail sent to the
CONSULTANT's designated representative at the address provided by the CONSULTANT.
As a condition precedent to termination for cause the CONSULTANT shall be given the notice
period to cure such cause and shall have failed to so cure.
B. In the event this Agreement is terminated prior to the completion of the work, a final payment
shall be made to the CONSULTANT, which, when added to any payments previously made,
shall compensate the CONSULTANT for the work completed.
C. In the event this Agreement is terminated prior to completion of the work, documents that are
the property of the CITY pursuant to Section 10 above, shall be delivered to and received by
the CITY prior to transmittal of final payment to the CONSULTANT.
12. INDEMNIFICATION/HOLD HARMLESS
CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, 1nsucsorouitsioc\udiugnttornoy
fees, arising out of or resulting from the negligent acts, errors or omissions of the CONSULTANT
iu performance of this Agreement, except for injuries nod damages caused by the sole negligence
ot the CITY.
The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs,
including, but not limited to, reasonable attorney's fees and litigation costs, arising out of claims by
third parties for property damage and bodily injury, including death, caused solely by the
negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with the
work performed under this Agreement.
Ifthe negligence or willftil misconduct of both CONSULTANT and CITY (or a person identified
above for whom each is liable) is a cause of such damage oz injury, thcloxp,coxt,orexpcoacshu}|
be shared between the CONSULTANT and the CITY in proportion <Dthnirrolative degrees of
negligence or willful misconduct and the right of i shall apply for such proportion.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liabili for damages arising out of bodily i jury to persons or
darnages to property caused by or resulting from the concurrent negligence of the CONSULTANT,
the CITY, and the officers, officials, employees, and volunteers of either, the CONSULTANT'S
liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the
CONSULTANT'S waiver of irnmunity under Industrial Insurance, Title 51 RCW, solely for the
purposes ofthis indemnification. This waiver has been mutually negotiated by the parties. The
provisions n[this section shall survive the expiration or terrnination ofthis Agreement. However,
the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035.
13. INSURANCE
The CONSULTANT shall procure and rnaintain for the duration of the Agreement, insurance
against claims for i 'mriuo1opecsonsorduuzmgetoyronedvnhichonuymriscfr0000zinc000cctiou
with the perforrnance of the work hereunder by the CONSULTANT, its agents, representatives,
employees or suhcontractors.
No Limitation. CONSULTANT'S maintenance of insurance as required by the agreement shall
not be construed to lirnit the liability ofthe CONSULTANT to the coverage provided by such
insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity.
A. Minirnum Scope of Insurance
CONSULTANT shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equiva!ent liability coverage. Ifnecessary, the policy shall be endorsed to provide
contractual liability coverage; and,
2. Commercial General Liability insurance shall be written on ISO occurrence forrn CG 00 01 and
shall cover liability arising from premises, operations, independent contractors, and personal injury
and advertising injury. The CITY shall be named as an insured under the CONSULTANT's
Commercial General Liability insurance policy with respect to the work performed for the CITY;
and,
3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of
Washington; and
4. Professional Liability insurance appropriate to the CONSULTANT's profession.
B. Minimum Amounts of tnsurance
CONSULTANT shall maintain the following insurance limits:
Automobile Liability insurance with o minimum combined single limit for hodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$\,0VA,000 each occurrence, $2,000,00O general aggregate.
3. Professional Liability insurance shall be written with limits uo less than $l,000,O00
per claim and $1,000,000 policy aggregate limit.
K. Other tnsurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
l. The CONSULTANT's insurance coverage shall be primary insurance as respect the
CITY. Any insurance, self-insurance, or insurance pool coverage maintained by the
CITY shall be excess ofthe CONSULTANT's insurance and shall not contribute
with it.
7.
The CONSULTANT shall provide CITY and all Additional Insureds with written
notice of any policy cancellation within two (2) business days of their receipt of
such notice.
3. Any payment o[deductible or self-insured ret ntion sha l be the sole responsibility
of the CONSULTANT.
4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall
apply separately to each insured against whorn claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating o[ not less than /\:\7U.
E. Verification of Coverage
CONSULTANT shall furnish the CITY with original certificates and a copy ofthe amendatory
endorsements, including but not necessarily lirnited to the additional insured endorsement,
evidencing the insurance requirements of the CONSULTANT before commencement of the work.
14. APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington, and in the event of dispute the venue of any litigation brought hereunder shall be
Clallam County.
15. EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior
written or oral understandings, and may only be changed by a written amendment executed by both
parties. The following exhibits are hereby made a part of this Agreement:
Exhibit 1 — Request for Proposal
Exhibit 2 — SWCA Environmental Consultants Proposal Dated November 12, 2013
IN FAITH WHEREOF, witness the hand and seals of both parties hereto on the day and year in this
Agreement first above written. DATED the day and year set forth above.
SWCA ENVIRONMENTAL CONSULTANTS CITY OF PORT ANGELES
By:
Printed Name:
Co(
-Q.
Address:
54 I S ao-h AV6 NW, SoTE 200
City:
Pt71_17-1. WA q610--)
Phone Number:
c)0(0 -18\ \c10c
By:
Printed Name:
04ei
Title:
APPROVED AS TO FORM:/
BY: ,
CITY ATTORNEY
ATTEST:
BY:
CITY CLERK
**END OF AGREEMENT**
EXHIBIT 1
CITY OF PORT ANGELES WASHINGTON
REQUEST FOR PROPOSAL (RFP)
CULTURAL RESOURCES AND ARCHAEOLOGICAL SERVICES
The City of Port Angeles (City) is seeking proposals from qualified firms to provide
archaeological services for the Department of Community and Economic Development and the
Department of Public Works and Utilities.
Request for Proposal packets may be examined at Port Angeles City Hall, Permits Counter, 1st
floor lobby, 321 East Fifth Street, Port Angeles Washington. Request for Proposal packets may
be obtained from the Builder's Exchange of Washington website, http://bxwa.com. Click on
Posted Projects, Goods and Services, City of Port Angeles and Projects Bidding links. These are
available for viewing, downloading and printing free of charge. Questions regarding this Request
for Proposal shall be directed in writing to Eric Walrath, Project Manager, at ewalrathAcityofpa.us.
Sealed responses will be received by the City's Public Works and Utilities Department
Contracts Office up to the hour of 2:00 p.m., Tuesday, November 19, 2013. Responses delivered
later will not be accepted. The City of Port Angeles is not responsible for delays in delivery.
All responses to this request that are mailed through the United States Postal Service (USPS) shall
be addressed to the Director of Public Works and Utilities, Attn: Eric Walrath, P.O. Box 1150, Port
Angeles, Washington 98362-0217. Please be advised that USPS deliveries requiring a signature
may not be delivered in a timely manner as our receiving point is not staffed at all times and
may not be available to sign at the time of delivery. Hand-delivered responses or responses not
sent through the mail, shall be delivered to the Port Angeles City Hall, Permits Counter, 1st floor
lobby, City of Port Angeles, 321 East Fifth Street, Port Angeles, Washington 98362-0217. The
United States Postal Service will NOT deliver to the street address.
All proposals shall be placed in a sealed envelope, which is clearly marked "ARCHAEOLOGICAL
SERVICES". Responses by FAX will not be accepted.
The City of Port Angeles is committed to providing equal opportunities to State of
Was gton certified Minority, Disadvantaged and Women's Business Enterprises in contracting
activities.
The City of Port Angeles reserves the right to cancel this request or reject any and all responses
submitted or to waive any minor formalities of this call if the best interest of the City would be
served.
No respondent may withdraw their proposal after the hour set for the opening thereof, unless the
award of contract is delayed for a period exceeding ninety (90) days.
Page 1
INTRODUCTION
Port Angeles City government is responsible for the City's vital infrastructure and urban services.
It builds, maintains, and repairs roads, water, sewer, stormwater, solid waste, electricity
transmission and distribution systems, provides fire and police protection as well as parks &
recreation programs, administers land use policy and takes an active role in Port Angeles's
commercial and economic development. The City's Community and Economic Development and
Public Works and Utilities Departments are responsible for programs and p jects that help to
ensure Port Angeles, a city of approximately 19,000 residents, continues to be a great place to
live, work and grow a business.
The Director of Community and Economic Devel is the City's Cultural Resources
Manager, presiding over all cultural resources and archaeological matters. For this RFP and
subsequent service agreement, the Cultural Resources Manager shall be the City's authorized
representative for cultural resources decisions, direction, policy, and practices.
The City Counci has adopted the "Settlement Agreement Among the State of
Lower Elwha Klallam Tribe, City of Port Angeles, and Port ofPort Angeles" recorded on
August 14, 2006. This document contains requirements for performing cultural resources
programs within the City of Port Angeles, provided as Attachment B. Further, cultural
resources and archaeological services are needed to provide technical expertise to City staff
for compliance with City, State, and Federal regulations. Services shall be rendered to
requirements, guidelines, audatoodnrdsontfbrtbiotbcNudooalIIiotnricProtoctiooAct
(NHPA), Washington State Executive Order 0505, Washington State Standards for Cultural
Resource Reporting, and other cultural resource and archaeolo ical standards under the
direction of the Washington State Department of Archaeology and Historic Preservation.
GENERAL SCOPE OF WORK
The Archaeologist's work shall include, but is not limited to:
A. Prepare and review cultura resources asessment reports;
D. Make recommendations to staff concerning necessary actio with respect to cultural
resources assessment reports;
D. Serve as the City's archaeological expert for peer, permit, and project rcYievv;
E. Serve as the City's archaeological expert for the purposes of providing expedited
review of cultural resources assessment reports as well as delineating areas where
construction may continue and monitoring such construction for the City whcn
archaeological resources are discovered or suspected to be present;
F. Assist City staff in the perfoiniance of their duties by monitoring excavations,
answering questions, assisting with staff reports, reviewing and refining Port
Angeles Municipal code, attending public hearings, and making presentations to the
Planning Commission, City Council, Tribal representatives, and other groups, as and
when requested;
G. Prepare archaeological procedures and provisions for pr 'ecto;
Page 2
H.
1.
J.
Prepare monitoring and/or inadvertent discovery plans
Provide any typical and general archaeological services as requested; and
Provide services in accordance with specified timelines.
The selected archaeologist must, at minimum, have the following:
A. Meet the definition of "Professional Archaeologist" in RCW 27.53.030(11) and
WAC 25-48-020(4);
B. Possess a valid driver's license;
C. Have demonstrated ability to express concepts, data, analysis, reasoning, and
conclusions professionally, coherently, clearly, and simply in writing and oral
presentations
D. Have demonstrated ability to work positively and productively with others in a
variety of situations and settings.
This contract will be on an as-needed basis. The City does not guarantee any minimum or
maximum amount of work under this contract. The City reserves the right to award multiple
contracts under this solicitation.
APPROXIMATE TIMELINE
RFP issued:
Proposals due:
Selection Interviews
Work to Commence:
PROPOSAL SUBMITTAL FORMAT
November 6, 2013
November 19, 2013
November 25 & 26, 2013
January 1, 2014
The General Information form, on the next page, is designed to serve as the cover sheet. Do not
attach cover letters, title pages, or blank sheets ahead of this form, nor substitute letterhead paper
for it. If additional space is needed, plain paper may be attached behind this form. This form
must be signed by a person authorized to make proposals and enter into contract negotiations
on behalf of your agency. This individual must be at least 18 years of age. Failure to submit
this form will result in your proposal being deemed non-responsive.
Page 3
CULTURAL RESOUCES AND ARCHAEOLOGICAL SERVICES
General Information
This form must be signed by a person authorized to make proposals and enter into contract
negotiations on behalf of your agency. To be considered for this project, the submittals
must be completed in accordance with this RFP and this cover sheet must be attached.
Failure to submit this form will result in your proposal being deemed non-responsive.
Authorized Offleial (Signature) Date
Print Name ofAuthorized Official Title o Authorized Official
Company Name Contact Person
Address City, State, Zip
Phone Number Fax Number
E-Mail Address Federal Tax ID #
NOTE: It is the sole responsibility of the Consultant to learn of Addenda, if any. Such
information may be obtained from the Builder's Exchange of Washington
(BXWA) web site, http://bxwa.com
Page 4
SUBMITTAL PROCEDURE
Please submit one (1) original and four (4) copies of the proposal for services in an 8-1/2" x 11"
format.
Sealed responses will be received by the Director of Public Works and Utilities, Attn: Eric Walrath
P.O. Box 1150, Port Angeles, Washington 98362-0217 up to the hour of 2:00 p.m., Tuesday,
November 19, 2013. Responses delivered later will not be accepted. The City of Port Angeles is not
responsible for delays in delivery.
All responses shall be placed in a sealed envelope, which is clearly marked
"ARCHAEOLOGICAL SERVICES". Responses by fax or email will not be accepted.
All responses to this request shall be addressed to the attention of the Public Works and Utilities
Department Contracts Office, Attn: Eric Walrath;
Delivery Address:
(Hand delivery & non-USPS)
City Hall
Permits Counter
1st floor lobby
321 East Fifth Street
Port Angeles, WA 98362-0217
Mailing Address:
City of Port Angeles
PO Box 1150
Port Angeles, WA 98668
Please be advised that mail deliveries requiring a signature may not be delivered in a timely
manner as our receiving point is not staffed at all times and may not be available to sign at the
time of delivery.
Failure to submit the General Information page will render the proposal non-responsive and
therefore void.
It is the sole responsibility of the Consultant to learn of Addenda, if any. Such information may
be obtained from the Builder's Exchange of Washington (BXWA) web site, http://bxwa.com.
Click on Posted Projects, Goods and Services, City of Port Angeles and Projects Bidding links;
however the sole responsibility for obtaining and learning of Addendum belongs to the Bidder.
The City of Port Angeles accepts no responsibility or liability and will provide no
accommodation to bidders who fail to check for addendums and submit inadequate or incorrect
responses.
SUBMITTAL CRITERIA
These instructions were developed to aid in proposal development. They also provide for a
structured format so reviewers can systematically evaluate several proposals. Each copy of the
proposal package must include all of the sections in the order indicated. Attachments should be
clearly referenced and identified to facilitate the review process. Each proposal shall include:
Page 5
Qualifications — Provide your firms qualification to perform the work listed in this
RFP including, but not limited to:
a. Information regarding length oftime in business;
b. Qualifications of staffthat will be providing the service(s).
2. Exnrriuoco — Pcovidcdn000uentndnnof}morfizm`nuxpejoucevvdhoiuilur
work including, but not limited to:
a. Similar work perfoirned for other agencies including narratives explaining some
of the projects.
b. Experience of the staif that will be providing the services(s). Including work
performed on similar projects.
3. Anpnoaobood{}nderytauding - Providoadxtuileddeo i tion of the firm's approach to
overall management and integration of all activities required by the general scope of
work.
4. Capacity for Performance — Provide information about your company's ability to fulfill
work requests under this contract. Information should include, but not be limited to:
a. The number and title of staff perfoiiiiing work under this contract;
b. An explanation ofhow your firm will prioritize the City's projects;
5. Ability to Respond — Provide information about your company's ability to respond in a
timely manner to service requests such as archaeological monitoring of excavations,
meetings, etc. Inelude the minimum lead time for response and the capacity to manage
more than one site or activity at a time.
6. Cost — Provide hourly rates for each individual proposed to work on this pr 'nnt. Rates
should include everything neeessary to perform the work listed including, but not
limited to labor, materials, equi zoeot,ovxrbead,profi1,admdzdaLradnofeeo,ctc. Daily
travel to and from Port Angeles shall be proposed as a separate round-trip rate.
7. Services Contract modifications (if any) - Any concerns with attached Services
Contract must be addressed prior to submission of the proposal. Request to modify the
Services Contract after the proposal's closing date and time will not be considered.
EVALUATION CRITERIA
Each proposal received in response to the RFP will be evaluated based on:
°
�
Experience
� Approach and Understanding
�
Capacity for Performance
°
Ability to Respond
�
Cost
The City intends to conduct interviews ofeshort list of proposers. The interview sessions will
be evaluated in a manner similar to the proposals. Topies covered in the interview session shall
include the topics listed hereinbefore under the "Submittal Criteria" section plus any additional,
relevant topics which may arise during either the foiriial presentation or the question and answer
portions ofthe interview. Ifyour firm is selected for interview, you will obtain more
inforrnation on the interview process.
Page 6
INFORMATION
Questions regarding this Request for Proposal shall be directed in writing to Eric Walrath, Project
Manager, at ewalrath@cityofpa.us.
GENERAL TERMS AND CONDITIONS
Contract
The successful consultant shall enter into a Services Contract with the City (see attachment A).
The Services Contract is meant to be non-negotiable, but may be modified at the City's sole
discretion. Any concerns with said Services Contract must be addressed within the submitted
proposal. The City will review all concerns but is not obligated to change any part of said
Services Contract. Request to modify the Services Contract after the proposal's closing date and
time will not be considered. The RFP and successful consultant's proposal, as amended at time
of contract signing, shall become part of the Services Contract.
It is the City's intent to enter into a two (2) year contract for services approximately January 1,
2014 through December 31, 2015. The City also reserves the right to extend this contract for
services an additional three (3) years, extending in 12 month increments by mutual agreement.
This contract for services will be on an as-needed basis. The City does not guarantee any
minimum or maximum amount of work under this contract. The City reserves the right to
award multiple contracts under this solicitation.
The City, at its sole discretion, may terminate this contract for convenience at any time for any
reason deemed appropriate.
Public Records and Proprietary Material
Respondents should be aware that any records they submit to the City or that are used by the City
even if the respondents possess the records may be public records under the Washington Public
Records Act (RCW 42.56). The City must promptly disclose public records upon request unless a
statute exempts them from disclosure. Respondents should also be aware that if even a portion of
a record is exempt from disclosure, generally, the rest of the record must be disclosed.
Exemptions, including those for trade secrets and "valuable formula," are narrow and specific.
Respondents should clearly mark any record they believe is exempt from disclosure.
Upon receipt of a request for public disclosure, the City will notify the RFP respondent of any
public disclosure request for the respondent's proposal. If the respondent believes its records are
exempt from disclosure, it is the respondent's sole responsibility to pursue a lawsuit under RCW
42.56.540 to enjoin disclosure. It is the respondents discretionary decision whether to file such a
lawsuit. However, if the respondent does not timely obtain and serve an injunction, the City will
disclose the records, in accordance with applicable law.
Page 7
Attachment A
AGREEMENT AND
SERVICES CONTRACT
THIS AGREEMENT ("Contract ) is dated effective this day of , 2013 and is made by
and between the City of Port Angeles, a Washington municipal corporation ("(]t' or "Owner"), and
("Consultant or Contractor").
VVONESSETH:
That WHEREAS the Owner heretofore has requirements for cultural resourees and archaeological
services
and the Contractor did on the 19th day of November , 2013, file with 'the Owner a proposal to provide
cultural resources and archaeological services and agreed to accept as paymeht therefore the rates fully
stated and set forth in the Proposal, and;
WHEREAS, the said Contract Documents fully and jaCeurately described in terms anti 'conditions upon
h' h the Contractor proposes to furnish saided/uipment;'llhor, rn'aterys, ando,pr de said services,
together with the manner and time of furnishing sarhe;
IT IS THEREFORE AGREED, first, that a copy,Uf,Said„proposalland other Contr Documents filed with the
Owner, as aforesaid, does, in all particulari,,,beCome a parf ':of the Agreement and Contract by and
between the parties hereto in ail matters and things therein set fOrth and described; and further, that the
Owner and the Contractor ii4I-Oy.',"kccpt ancl''egree tc(4he terms and conditions of said Contract
Documents as filed as completely a'sif said terms, SdecificationS, conditions, and plans were herein set out
in full.
This Contract, the Con't'';,e,cit'''''1';.)''d''Curnients, (Contr Proposal) in part or in whole, and any supporting
contract, dcieUrn'' ents agreedto in negotiatfous contain all of the agreements of the Parties with respec
any mat't'er covered or rne;:it?,,prict in this Contract and no prior agreements or understandings shall be
effective for any purpose. No-provision of this Contract may be amended except by written agreement of
the Parties '.'ThelCiontrectUrshallnot transfer or assign, in whole or in part, any or all of its obligations and
rights hereunder without t41,,pridr''Written consent of the Owner. In the event the Owner consents to any
such assignment or transfer, such consent shall in no way release the Contractor from any of its
obligations or liabilitieszunaer this Contract.
Subject to the preceding sentence, this Contract shall be binding upon and inure to the benefit of the
Parties' successors in interest, heirs and assigns. The venue for any dispute related to this Contract shall
be Clailam County, Washington. Failure of the Owner to declare any breach or default immediately upon
occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or
default. This Contract shall be governed by and interpreted in accordance with the laws of the State of
Washington. Each individual executing this Contract on behalf of the Owner and Contractor represents
and warrants that such individuals are duly authorized to execute this Contract. Time is of the essence of
this Contract and each and all of its provisions in which performance is a factor. Adherence to completion
Page
dates is essential to the Contractor's performance of this Contract. In the event of a conflict between the
terms and provisions of any of the Contract Documents, the City Manager or his or her designee shall issue
an interpretation of the controlling document, which interpretation shall be final and binding.
In consideration of the above representations and the terms, conditions, covenants, and agreements set
forth below, the parties hereto agree as follows:
1. SCOPE OF SERVICES
A. General Scope
The CITY may review the CONSULTANT'S services, and if they do not meet the Professional
Standard of Care the CONSULTANT shall make such changes as May be required by the CITY.
Such changes shall not constitute "Extra Work" as related in Section 4:p of thiS Agreement. Any
changes made necessary due to causes outside the CONSULTANT'S reasonable control shall be
provided as an extra work herein.
The CONSULTANT agrees that all services performed undcr this Agreement shalLbe in
accordance with the standards of the engineering ,profession for siMilar services on similar projects
of like size and nature and in compliance with applicable federal state and local laws.
The
parties.
B. Tasks and Budget (January 1, 2014 tlirough December 31, 2015)
TASKS , ,.°/
,
BUDGET
CY 2014
BUDGET
CY 2015
Task 1 — Provide Cultural Resource and Archaeological Services
in Support of the DepartmeniaTublic Works and Utilities
Operations Division
$44,000.00
$44,000.00
Task 2 — Provide Cultural Resource and Archaeological Services
in Support of epartment of Public Works and Utilities
Engineering Division
;
$30,000.OQ
$30,000.00
Task 3 —Provide General Cultural Resource and Archaeological
Services in Support of the Department of Community and
Economic Development
5,000.00
$15,000.00
Task 4 — Provide Cultural Resource and Archaeological Services
in Support of Department of Community and Economic
Development Capital Projects
$60,000.00
$15,000.00
Total
S149,000.00
$104,000.00
Page 2
2. MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the total compensation
and reimbu ement under this Contract, ineluding labor, direct non-salary reimbursable costs and
outside services, shall not exceed the maximum sum of $149,000 for calendar year 2014 and
$lU4^000 for calendar year 2Ol5. The budget for each task is as set forth above. Budgets for
task(s) may be modified upon mutual agreement between the two parties, but in any event, the total
payment to CONSULTANT shall not exceed $l49,UO0 for calendar year 20l4 and $l04,00Ofor
calendar year 2015. This contract for services will be on an as-needed basis. The City does not
guarantee any minimum or maximum amount ofwork under this contract.
3. TERM OF THE CONTRACT
The term of the contract is two (2) years, January. 1, 2014 throu DeCerriber,31, 2015. The City
reserves the right to extend this contract for services an „additional three-(1)'„years, extending in 12
month increments by mutual agreement. This contract for-services will be Ou an as-needed basis.
The City does not guarantee any minimum or maximum amount of work under this: eentract.
�~~^
4. PAYMENT
Thc CITY shall pay the CONSULTANT„,,,as,set forthin.tNs:section of the Contract. Su. ch payme.nt
shall be full compensation for work perfO00, servieqr„,cndered, and all labor, materials, supplies,
equipment and incidentals necessary to coinplete,,the work%
A. Payment shall be on the baSis,of the CONSULTANT'S coSt for actual labor, overhead and
profit plus CONSULTANT'S;direet non-salary rein-lbw-sable costs as set forth in the
Consultant's proposal.
E. The CONSULTANT Shall submit inVoices to the CITY on a monthly basis. Invoices shall
detail the work, hours, ernPloyee name,,and hourly rate; shall itemize with receipts and
invoices the non-salary direct coSts; shall indicate the specific task or activity to which the
costs:are related; and shall,indicate the cumulative total for each task. In addition, the
CONSULTANT will subinit a short narrative describing progress made on all open tasks
during the:pay'periOd:,
C. The CITY shall payment for the CITY shall review the invoices
and make paym work accomplished less the amounts previously paid.
D. The C invoices are due and payable within 30 days ofreceipt. In the event ofa
disputed billing, only the disputed portion will be withheld from payment.
E. Final payment for the balance duc to the CONSULTANT will be made after the completion of
the work and acceptance by the CITY.
F. The CITY may desire to have the CONSULTANT perfoiiii work or render services in
connection with this Contract, in addition to the Proposal set forth in Attachment B and minor
revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and
Page 3
shall be addressed in a written supplement to this Contract. The CITY shall not bc responsible
for paying for such extra work unless and until the written supplement is executed by both
parties. Payment for "Extra Work" performed under Section 4.F of this Contract shall be as
agreed to by the parties in writing.
5. CHANGES IN WORK
Other than changes directed by the CITY as set forth in Section 1 above, either party may request
changes in the Scope of Services. Such changes shall not become part of this Agreement unless
and until mutually agreed upon and incorporated herein by written amendments to this Agreement
executed by both parties.
6. SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any °f the work covered by this Agreement
without the written consent of the CITY.
B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for
work to be performed pursuant to a subcontract, including procurement of materials and
equipment, each potential sub-consultant or supplier shall be notifiedbytlie CONSULTANT
of CONSULTANT's obligations under this Agreement;including the,nendiscrimination
requirements.
7. NONDISCRIMINATION
The CONSULTANT shall conduct itS business in a manner,
discriminatory treatment of all persons, without respeCer, which assures fair, equal and tte' origin, creed or national orign, or other
i' ' nothn- r
-,,,,,,,,,,,,, .
legally protected classification an d , particular:
A. The CONSULTANT shalt maintain open hiring and employment practices and will welcome
applications for emPlOym entinallipositions, from qualifieor individuals who are members of
minorities protected bif,F4,,,,,, pi-al equal opportunity/affirmative action requirements; and,
B. The CONSULTANT shaltm
boply with all requirements of applicable federal, state or local
,,,,
laws or regulations issued pursuant thereto, relating to the establishment of non-discriminatory
requirements in hiring and employment practices and assuring the service of all persons
without discriminatiOn, as to any person's race, color, religion, sex, Vietnam era veteran status,
disabled veteran condition, physical or mental handicap, or national origin.
8. INDEPENDENT CONTRACTOR STATUS
The relation created by this Contract is that of owner-independent contractor. The
CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by the
CITY to its employees. The CONSULTANT, as an independent contractor, has the authority to
control and direct the performance of services within the scope of services. The CONSULTANT
shall assume full responsibility for payment of all Federal, State, and local taxes or contributions
Page 4
imposed or required, including, but not limited to, unemployment insurance, Social Security, and
income tax.
9. EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of any work or services
under this Contract, shall be considered employees of the CONSULTANT only and not of the
CITY, and claims that may arise under the Workman's Compensation Act on behalf of said
employees while so engaged, and any and all claims made by a third party as a consequence of any
negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any
of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
In performing this Contract, the CONSULTANT shall not employ or contractwith any CITY
employee without the CITY's written consent.
10. OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents,eXhibits, photographic negatives; or other
presentations of the work with the exception of these standard details and sPeeifications regularly
used by the CONSULTANT in its nornialeourse ofbusiness shall uporiiiaYment of all amounts
rightfully owed by the CITY to the CONSULTANT herein become the property of the CITY for
use without restriction and without representation as to suitability for reuse by any other party
unless specifically verified or adapted by the CONSULTANT. However, any alteration of the
documents, by the CITY or by ' others 'iucting through behalf of the CITY, will be at the
CITY's sole risk.
11. TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written
notice lo the CONSULTANT. "Written notice will be by certified mail sent to the
CONSULTANT's desitOuted representative at the address provided by the CONSULTANT.
As a condition precedent to :termination for cause the CONSULTANT shall be given the notice
period to cure such 'cause and shall have failed to so cure.
B. In the event this Agreement is terminated prior to the completion of the work, a final payment
shall be made to the CONSULTANT, which, when added to any payments previously made,
shall compensate the CONSULTANT for the work completed.
C. In the event this Agreement is terminated prior to completion of the work, documents that are
the property of the CITY pursuant to Section 10 above, shall be delivered to and received by
the CITY prior to transmittal of final payment to the CONSULTANT.
12. INDEMNIFICATION/HOLD HARMLESS
CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and
Page 5
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or resulting from the negligent acts, errors or omissions of the CONSULTANT
in perfoimance of this Agreement, except for injuries and damages caused by the sole negligence
of the CITY.
The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs,
including, but not limited to, reasonable attorney's fees and litigation costs, arising out of claims by
third parties for property damage and bodily injury, including death, caused solely by the
negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with the
work performed under this Agreement.
If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified
above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall
be shared between the CONSULTANT and the CITY in proportion to their relative degrees of
negligence or willful misconduct and the right of indemnity shall applYfor'such proportion.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to,persons or
damages to property caused by or resulting from the concurrent negligence of the CONSULTANT,
the CITY, and the officers, officials, employees, and volunteers of either, the CONSULTANTS
liability hereunder shall be only to the extent of thecoNSWITANT'S'negliience. It is further
specifically and expressly understood that!Oe indemnification provided herein constitutes the
CONSULTANT'S waiver of immunity under Industrial, Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver haS;been mutually negotiated by the parties. The
provisions of this section shall survive the ex iratienrer termination of this Agreement. However,
the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035.
13. INSURANCE
The CONSULTANT,'Shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the CONSULTANT, its agents, representatives,
employees or subcontractors.
No Limitation., CONSULTANT'S maintenance of insurance as required by the agreement shall
not be construed to limit the liability of the CONSULTANT to the coverage provided by such
insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity.
A.
Minimum Scope of Insurance
CONSULTANT shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage; and,
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and
Page 6
shall cover liability arising from premises, operations, independent contractors, and personal injury
and advertising injury. The CITY shall be named as an insured under the CONSULTANT's
Commercial General Liability insurance policy with respect to the work performed for the CITY;
and,
3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of
Washington; and
4. Professional Liability insurance appropriate to the CONSULTANT's profession.
B. Minimum Amounts of Insurance
CONSULTANT shall maintain the following insurance limits:
Automobile Liability insurance with a minimum combined„.single limit for bodily
injury and property damage of $1,000,000 per accident.
2, Commercial General Liability insurance shall he,written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3 Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy e
limit.
olicy aggregate
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contam, the following provisions for
and ,?
Automobile Liability, Professional Liability Commercial General Liability insurance:
1. The CONS ULT ANTsinsurance ,coverage shall be primary insurance as respect the
insurance, Self-insurance, or insurance pool coverage maintained by the
CITY shall be excess of the.,CONSULTANT's insurance and shall not contribute
with it.
The CONSULTANT shall provide CITY and all Additional Insureds with written
noticent any policy cancellation within two (2) business days of their receipt of
such notice.,
Any payment of deductible or self-insured retention shall be the sole responsibility
of the CONSULTANT,
4, The CONSULTANT'S insurance shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A. . Best rating of not less than A:VII.
Page 7
E. Verification of Coverage
CONSULTANT shall furnish the CITY with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the CONSULTANT before commencement of the work.
14. APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington, and in the event of dispute the venue of any litigation brought hereunder shall be
Clallam County.
15. EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior
written or oral understandings, and may only be changed by a written amendment executed by both
parties. The following exhibits are hereby made a part Ofthis Agreement
Exhibit 1— Request for Proposal
Exhibit 2 — (Consultant Name) Proposal Dated (Insert Date)
IN FAITH WI-IEREOF, witness the hand and seali'of,bothjpart. h f'''
les ere,o,
e day and year in this
Agreement first above written. DATED the y and ano year set forth
OFPORT ANGELES
CONSULTANT
By:
Printed
By:
N a rne'.:4;;;;;', Printed
Title:
Address:,
City:
Phone
Name:
Title:
APPROVED AS TO FORM:
Number: BY:
CITY ATTORNEY
ATTEST:
BY:
CITY CLERK
**END OF AGREEMENT**
Page 8
ATTACHMENT B
SETTLEMENT AGREEMENT AMONG THE
STATE OF WASHINGTON,
LOWER ELWHA KLALLAM TRIBE,
CITY OF PORT ANGELES, AND
PORT OF PORT ANGELES
THIS SETTLEMENT AGREEMENT ("Agreement") is entered into effective
as of August 14, 2006, by and among the State of Washington ("State"); the Lower
Elwha Klallam Tribe, a federally-recognized sovereign Indian tribe ("Tribe"); the City of
Port Angeles ("City"); and the Port of Port Angeles, a special purpose district of the State
of Washington organized and existing pursuant to RCW Title 53 ("Port") — hereinafter
singularly referred to as a "Party" or collectively referred to as the "Parties."
In consideration of the real property transactions described herein and the mutual
benefit to the Parties arising from the agreements and undertakings hereinafter set forth,
the Parties hereby recite, covenant, and agree as follows:
Section 1. Recital of Principles.
This Agreement is not intended to create new or supersede existing law; provide
a.ny new causes of action under existing law; or imply that the Tribe's interests are
not protected under or derived from federal, state, local, tribal and/or common
law.
1.2. The Parties acknowledge, reference and intend to abide by existing and future
applicable law. See § 7 below.
1.3. That portion of Tse whit zen that sits astride the former Graving Dock site and is
delineated in Section 2 below should be protected and promoted in perpetuity as a
cemetery and place for cultural and historic preservation.
1.4. The circumstances and the consequences of the discovery of Tse whit zen are
unique and the events at the tinnier Graving Dock site do not represent the normal
process, and do not set precedent for any other situation. The decisions and
actions of the State with regard to the Graving Dock and Ise whit zen are not
precedent, and do not represent desirable, required or appropriate procedure or
outcome.
1.5. The Parties agree that the property delineated at Section 3 below will be buffered
from uses on adjoining property. Buffering will be the responsibility of the Tribe
and will be inside the boundaries of that property.
1.6. The Parties intend that appropriate commercial and industrial use and
development will continue on property adjacent to the property delineated at
Sections 2 and 3 below, and all other property within the City limits, including
designated Urban Growth Areas.
- 1 —
1,7. Development, commercial activities or industrial operations on property within
the City limits that may possibly contain archaeological resources shall be
allowed so long as those archaeological resources are not displaced:or-disturbed
as a result of such activities or operations.
1.8. The Parties intend that if any phenomena of possible archaeological interest are
uncovered during any excavation subject to the City's Shoreline Master Program,
work shall immediately stop and the developer shall immediately notify. the., City'
and Tribe, and the City shall notify the State Department of Archaeology and
Historic Preservation (DAHP). See § 10.7 below.
1.9. The Parties pledge to institute and maintain active communication with each other
for the purposes of assuring cooperation, coordination and collaboration with
regard to issues of archaeological, cultural and historic significance.
1.10 For all purposes of this Agreement, "archaeologist" means a trained, professional
archaeologist meeting federal qualifications.
1.11. These recitals are a substantive manifestation of the Parties' collective intent..
Section 2. Transfer to Port.
The State will assign its lease of or relinquish its interest in 2.5 acres connecting the
harborfront with the. former Graving Dock site (the so-calied "DNR leased latid-.to the
Port, which will make contiguous Port-owned property to the "north" and "east" of the
site. The State will also convey to the Port fee title to all acreage north of the sheet pile
wall known as the "5 Line" to the former Graving Dock. The Tribe will dedicate about
50 feet of the property identified in Section 3 below as a buffer between the Port's
property and th.e historic shoreline. The State, Port and Tribe will cooperate with regard
to the preservation and use of the stormwater treatment ponds along the west boundary of
the property identified in Section 3 bclol,v, which could include the buffers contemplated
by Section 4.1 below. See the area depicted in Exhibit A hereto. An easement allowing
ingress and egress to and from the harbor shall be granted by the State and/or the Port to
the Tribe for ceremonial use (see § 5 below). Said easement shall be on and across the ,
area depicted in Exhibit B hereto. The Tribe shall be entitled to use the easement four
times per year for up to a total of 12 days per year. The Tribe shall give at least two
weeks notice, whenever practicable, and no less than 48 hours notice, to the Port
Executive Director of intended use to facilitate rescheduling of Port Uses in the easement
area depicted in Exhibit B. In special circumstances, the Tribe may request, on at least
two \weeks written notice, use of the easement in excess of these limits, and the Port shall
consider such requests in good faith but may decline additional use if such use shall
significantly disrupt Port Terminal activities in the easement area.
°
Section 3. Transfer to Tribe.
The State will convey to the Tribe fee title, subject to reversion, to property "south" of
the "5 Line," to a line 200 feet "north" of the "north" right of way line of Marine Drive,
with an easement allowing ingress and egress to and from Marine Drive and restrictions
that such property be used exclusively for cultural and historic preservation purposes.
See the area depicted in Exhibit A hereto. That State conveyance will be premised upon
findings from the Federal Highway Administration (FHWA) under 23 CFR part 710.403
and Section 106 of the National Historic Preservation Act that Tribal ownership and such
restricted Tribal use is reasonable mitigation for that portion of Tse whit zen that sits
astride the former Graving Dock site, and a reasonable expenditure of public funds for
that purpose. The Tribe, with written support from the State, City and Port, will seek to
accomplish the following, in decreasing order of priority: (1) conversion of all or part of
that property described in this Section from fee to trust under federal law, subject to the
same land use restrictions; (2). designation as a National Historic Site under the Historic
Sites Act of 1935 and other applicable federal laws; and (3) inclusion on the National
Register of Historic Places.
Section 4. Land Retained by State & Leased to Tribe.
The State will retain fee.title to the property south of that line 200 feet "north" of the
"north" right of way line of Marine Drive, and lease that acreage to the Tribe subject to
cultural and historic preservation use restrictions that are effectuated through a consultative
process with the Tribe, City and Port. See the area depicted in Exhibit A hereto. That
State lease would also be premised,on FHWA mitigation and permissible public
expenditure findings, as set forth in.Section 3 to this Agreement.
Section 5. Land Use Restrictions.
The State and Tribe will expressly restrict use of the land to be owned or leased by the
Tribe as described in Sections 3 and 4 for cultural and historic preservation, which for
purposes of this Agreement means: site restoration; reburial of Klallam ancestors;
maintaining ancestral burial grounds; ceremonial uses; and developing a facility to
promote cultural heritage and create significant local economic benefit related to the uses
(so long as archaeology supports development); to be effectuated* through a collaborative
process with the Tribe, City and Port. The Parties agree that the Tribe's use of the land
described in Sections 3 and 4 shall specifically preclude gaming activities, whether such
activities are subject to compacting requirements or not The State, City and Port do not
foresee any public purpose reason for exercising public condemnation authority on the
property described in Section 3 (to the extent not acquired by the federal government in
trust for the Tribe) and Section 4. The State, City or Port will cooperate with the Tribe's
reasonable efforts to minimize any taxation of that property, including but not limited to
seeking tax exemptions and structuring of an entity or entities that will own and/or lease
the land. The City will provide utility services to and on that land, and the Tribe will pay
all necessary utility fees and assessments.
-3 —
5.1 Th�Tribe obuDdetuzmioeuudinx�l appropriate its and
� historic oouses, and those buffers shall ho within the property described
in Section 3toinsulatotbe Tribe's uses from surrounding uses; provided tbu1[ko
m
��
' archaeological resources to create such
Tribe will hon�uo���ceg�n:d1urouzov�uuy
buffers.
52 The 7�b that the property the propc�ytb�n�l
'000voycdorleuoodtn eT�bo dcr3ooduox3 and 4to this &6remo�eo�n/ill
be
and odberuiooiluriozyaoto typical of such uses. The Tribe accepts the property
liuoo1edio those Socduou3 and 4 with knowledge ot that surrounding land use
activity uffecuto not take any action opposing such use as long as such use
complies with existing and future applicable law and this Agreement.
59 �yitbbzoixot'(6O)daynofoxecuduuof h ix/\8couo�oot,tbe State, at its o`vo
' oou�obullpr` ' ln&uldoa �dooxofdhoToopodyaudcuueonunt dcxcr��cd
exp , �p"^e �^r
ahu—-3cub^ns2,3 —4,aoddeyiotediuEsbihis /kuodB. The State shall
deliver the legal descriptions to the Port and Tribe for review. Any review costs
shall bu borne bvthe Port and T�6u. Tburoa�o�under the tuzoouof separate but
related uArec��'ubetween the State, City and Port, and the State and Tribe,
respectively (see § 15 below), the State shall convey title or lease that property to
the Port and Tribe, respectively, as contemplated by Sections 2, 3 and 4.
Section 6. Land Use
The 3LutnC�yau��miniDb�date the process to modify, no needed, thn�/expooto'e
State, ���ma���ludmo����e�y�n��Ue��a�
current that will be conveyed and lo uoed0odze3dbofbrculbou^
and historic preservation to
on�ictovvdbtbui ended uses of these propm�ioo,no envisioned io8ecboo
��uov�uoyu "`
conflicts d proposed changes tbu1effectou1e this Section and Section l2b*low�aodu���o�oo���o
12.
Section 7. Applicable Law.
The Parties shall abide by and do not intend to alter existing and future applicable la-w
relating to discovery and treatment ofhistoric properties, including ing artifacts, features and
human remains, as applied by the terms of this Agreement to property within the
'n�odicdoonf the City. 'uGI.2above. The Puz�csuckoovvlodgcthe existence vft�bal
�mv and that u�toioprop�t-and other du6txdedvedtronzbiballaw are c000gozedand
law, and federal ' cou�u. 7hix/\gceoozootdoes not intend to alter existing
enforced
law, The State, City and Port reserve the right to assert that tribal law does not apply
.
Section 8. Archaeological Analysis.
8.1 The City shall hire as its employee an archaeologist for a five year period.
The State shall bear all the costs for employing the City Archaeolo iot, as well
as appropriate consultants, and the cost ofthe archaeological analysis
- 4 --
contemplated by this Section, subject to the provisions of subsection 8.1.1
below.
8.1.1 The Parties acknowledge that the State, through this Agreement,
cannot budget at one time five years of funding for the City Archaeologist,
consultants, and analysis contemplated in this Section. Therefore, the Parties
agree that the City will develop budgets for the City Archaeologist,
consultants, and analysis, in coordination with the State's biennial budget
cycle. The City will develop each budget and submit it to the State in
adequate time for the State to include the funding in the regular or
supplemental budget cycle, as appropriate. The State covenants that it will
initiate and take all reasonable means to support and include in, the State's
budget authorization to pay to the City sufficient funds for the archaeologist,
consultants, and analysis contemplated in this Section.
8.12 The Tribe, State, and Port shall be consulted during the City's
interview process for the City Archaeologist position and their representatives
shall be allowed to parti i atoiooundidate interviews, but the finu decision
about whom should fill that position shall rest solely with the City.
8.2 On land identified iu Section 8.9 below, the City Archaeologist, in
consultation withthe Tribe, State, Port and other interested parties, wili
conduct, adouiujntocuodnpuouge an archaeological analysis designed to
deteuiiine the potential locations of archaeological resources. Subject to
available state funding, the predictive analysis will include one or more of the
following methods: ethnographic studies, statistically-based archaeological
predictive modeling, geomorphological studies; remote sensing methods,
forensic canines, and/or other scientifically appropriate methods. Based on
these cueL6odo,the City ��rubucnlo'ot,ioc0000kutiou with the Puc�eo,n/ill
establish the P ropriute archaeological fielding testing methods, which will
include pedestrian surveys, subsurface test units, backhoe trenching, augc-riiig,
coring, geoslicing, and/or other scientifically appropriate methods appropriate
to the environmental conditions ofthe field inventory area and probability
designation.
8.3 The analysis shall be conducted expeditiously and in good faith and
completed as soon as possible, but not later than two years afler State funding
or City hiring ofthe City Archaeologist, whichever is later. Permitting
processes will proceed in the normal course ofbusiness and urider existing
and future applicabl'e law while the analysis is conducted. Mitigation plans
will be subject to the protocols set forth in Sections 9 and 10. Completion of
the analysis is not a prerequisitc to permit processing.
8.4 As part of the analysis, the Tribe agrees to cooperate with the State, City
and Port for purposes of aliowing them access to the Tribal repository of
history and information, which would aid in the thoroughness and accuracy of
-5_
the analysis. The State, City and Port agree to consult with the Tribe
regarding the design, implementation and results of the analysis, including
data quality and data analysis.
8.5 The analysis is intended to help reduce uncertainty, which will promote
predictable development by informing governmental permitting personnel
how to devise appropriate mitigation in accordance with this Agreement.
8.6 The end product of the archaeological analysis will be detailed maps
designating areas as having high, medium or low probability for the presence
of archaeological resources. Buffers and other protections for identified
archaeological resources will be determined by the City Archaeologist, in
consultation with all the Parties, based on the nature and size of the resource',
the environmental conditions, nature and extent of the proposed development
project, confidence in the delineation of the site boundaries, and any other
factors the City Archaeologist deems necessary to provide reasonable
protection to the archaeological resources. Section 11 below discusses the
confidential treatment of these reports, maps and other documents.
8.7 These maps will also depict recorded archaeological sites, districts,
traditional cultural properties and isolated features, as well as sacred areas, to
aid in predictability and appropriate mitigation as development occurs. This
information will be considered confidential and exempt from public disclosure
by state and local government under RCW 27.53.070 and RCW 42.56, e-Acept
as necessary to carry out government activities to manage, mitigate, or protect
these archaeological resources, and consistent with Section 11 below.
8.8 The City and Tribe will continually update these maps as new information
is discovered, and will provide this information to the Tribe and DAHP.
8.9 The archaeological analysis contemplated herein shall encompass the
following areas and the uplands contiguous to those areas: all of Ediz Hook,
and along the shoreline from the base of Ediz Hook to the Rayonier mill site
from the toe of the bluff line as it currently exists to the existing shoreline.
8.10 The Parties recognize that the site of the former Rayonier pulp mill is
subject to a Superfund deferral agreement and a clean-up process under
authority of the State's Model Toxics Control Act. For that reason, operations
and activities on that property are already subject to strict review and
regulation and are subject to different laws and considerations than other
properties on the Port Angeles waterfront. For these reasons, the Parties agree
that no tet m or condition of this Agreement shall apply to the Rayonier
property. If the federal Environmental Protection Agency ever (1) removes
that site from the Comprehensive Environmental Response, Compensation,
and Liability Information System (CERCLIS), or (2) revokes deferral of the
National Priorities List (NPL) listing process or otherwise reasserts authority
over the investigation and/or cleanup of the Rayonier site, then Rayonier (or
- 6 -
its successor), the Tribe and any other party with a legaily recognizable
interest in that site may elect by written agreement to apply the terms ancl
conditions ofthis Agreement to the site. Additionally, those parties may elect
by written agreement to apply the terms and conditions of this Agreement to
that site at any time of their choosing. However, nothing in this Agreement
shall be read to compel those parties to effect such an agreement. The
exclusion ofRayonier property, provided above, is not intended to restrict or
abridge the jurisdiction of the City as permitting authority over that property.
Section 9. Project Permitting
9.1 The Port and City will prepare and i lnmeot permitting and planning
procedures consistent with this Agreement.
9.2 The Port and Ci will provide training on these procedures to all City and
Port personnel who are involved with approving or conducting ground-
disturbing work, and the State, City, Port and Tribe will collaborate to
produce educational materials for the public, landowners, and developers
about the sensitive nature and protection of archaeolo ical resources.
9.3 The City, Port and State permitting staff will promptly consult the
analysis maps described in Section 8 when they are contacted by landowners
or developers with potential ground-disturbing pr jects, whether within or
outside of Shoreline Management Act jurisdictiori, and will use the rnaps to
devise appropriate mitigation.
9.3.1. Forpurposes ofthis Agreement, "ground-disturbing" means
operations, such as dig in8,tceocbing,bodog,oxouvu1iog.aodddDiog,tbut
cause physical penetration ofthe surface ofthe ground by tools or equipment.
9.4 The State, City, Port and Tribe will identify ur establish inter-
governmental liaiuoopouidnooforporpooeoofprovidiogUzeverbu\uud
written notice envisioned in this Agreement.
9.5 The Tribe will designate a person to serve as the agent for the Tribe in all
matters relating to discoveries ofarchaeological resources. The City, Port and
State permitting staff will provide oral and written notification to Tribal and
DAHP contact persons as early in the process as possible, to inform the Tribe
and DAHP when ground-disturbing p jooto are proposed within 01 near
culturally sensitive areas. The names and phone numbers of the Tribal, City,
Port and DAHP contact persons contemplated by this Section and Section
10.6 below are set forth in Exhibit C hereto, which shall be annually updated
by the Parties' inter-governmental liaisons upon the anniversary of the
effective date of this Agreement.
- 7 -
9.6 Mitigation.
9.6.1 As allowed by law and as provided herein. the Parties will
mitigate development-related impacts to archaeological resources
consistent with this Agreement and the order of preference for
mitigation measures set forth in the State Environmental Policy Act
(SEPA) and Shoreline Management Act (SMA), including those
statutes' respective regulations, and other applicable law.
9.6.2 Under appropriate circumstances, the local government may
deny a permit or other approval.
9.6.3 If ground-disturbing work is to occur in a culturally sensitive
area of interest to the Tribe, to be determined through the
archaeological analysis contemplated by Section 8 (see § 8.4), the
Tribe shall be consulted with regard to a proposed mitigation plan
before work commences, with the goal being development of a
mitigation plan acceptable to all parties. By way of example, the
agreed-upon mitigation plan could dictate that an on-site
archaeologist and/or Tribal members or Staff persons may monitor
the work, and that the City, Port or State will take all reasonable
means to ensure the Tribal representatives access to the site.
Section 10. Disposition of Discovered Artifacts and Human Remains
10.1 Under RCW 27.53 and subject to Section 10.3 below, archaeological
resources may not be disturbed without a permit from DAHP. The City and
Port will work with the Tribe and DAHP to ensure that cultural artifacts
removed from government-owned lands are provided to the Tribe for
appropriate curation or use. In addition, the City and Port will work with the
Tribe, DAHP and landowners to encourage the transfer of cultural artifacts
removed from private lands to the Tribe.
10.2 Based upon the Tribe's interests in human rernains and funerary objects
that are affiliated with the Tribe, if testing reveals human remains of five or
less associated individuals (defined in Section 10.4 below) and if a different
arrangement is not agreed to by the landowner, the human remains and
associated funerary objects will be reinter-red on the property described in
Section 3 under the Tribe's supervision. Development may proceed within
the area from which the remains and funerary objects were discovered.
10.3 Based upon the Tribe's interests in human remains and funerary objects
that are affiliated with the Tribe, if testing reveals human remains of six or
more associated individuals (defined in Section 10.4 below), the Parties will
follow existing and future applicable law to determine, on a case-by-case basis
and subject to such law, the disposition of the remains and associated funerary
- 8 —
objects. This Section is not intended to create any new or additional right of
action for any party. See § 7 above.
10.4 For purposes of Sections 10.2.and 10.3, "associated individuals" shall be
determined collectively by the Parties' archaeologists or designees, applying
generally accepted archaeological methods, with the goal being a
determination that is acceptable to all parties. In the event the archaeologists
or designees collectively cannot agree within fourteen (14) days of their and
the Parties' inspection of the site under Section 10.6 below, the City
Archaeologist shall make the determination and the Parties shall defer to that
determination unless inconsistent with generally accepted archaeological
methods.
10.5 To the extent allowed by law, the applicable terms of this Agreement
will be incorporated into federal, State and local permits and other approvals.
10.6 As a local permit condition, the permittee will immediately notify the
Tribal Chair and specified Tribal staff by both letter and telephone (work and
cellular), as well as the City, when new artifacts, features or human remains
are discovered. In turn, the City will immediately notify DAHP, as required
in RCW 27.44 and 27.53.'
10.7 if archaeological resources are discovered, no further ground-disturbing
activity will occur and no materials will be removed in an area around the
discovery to be deteimined collectively by the Parties' archaeologists or
designees, applying generally accepted archaeological methods with the goal
being a determination that is acceptable to all parties, until such time as the
requirements of subsections (1) through (5) below are satisfied; provided that
in the event those archaeologists or designees cannot collectively agree on that
initial "stop work" area within fourteen (14) days of the discovery, the City
Archaeologist shall make the determination, and the Parties shall defer to that
determination unless inconsistent with generally accepted archaeological
methods.
(1) The notices contemplated by Section 10.6 are given;
(2) They and the Parties inspect the site along with the affected landowner;
(3) They determine the full extent of the culturally sensitive area affected
by the project;
(4) An acceptable mitigation plan is developed and implemented in
accordance with Section 10 and consistent with Sections 10.1 above regarding
disposition of artifacts, and 10.2 and 10.3 regarding treatment of human
remains, and applicable law; and
- 9 —
(5) A pennit is obtained from DAHP, as required in RCW 27.44 and
RCW 27.53, which may impose additional or different conditions on ground-
disturbing activities.
If the Parties' archaeologists or designees collectively cannot agree on the
matters in subsections (3) and/or (4), within fourteen (14) days of their and
Parties' inspection of the site.under subsection (2), determinations on such
matters shall be made by the City Archaeologist applying generally accepted
archaeological methods. The Parties shall defer to such determinations unless
inconsistent with generally accepted archaeological methods.
With regard to subsection (5), any disturbance, excavation, or removal of
archaeological resources or sites must comply with the conditions imposed ir .
such permit. Alternatively, if ground-disturbing activities occur as part of a
federal undertaking, as that term is defined in Section 301(7) of the National
Historic Preservation Act (NHPA), 16 U.S.C. § 470w(7), any disturbance,
excavation, or removal of archaeological resources or sites must comply with
the requirements of Section 106 of the NHPA, 16 U.S.C. § 470f.
The provisions of Section 9and 10 of this Agreement shall be applied in those
areas which are subject to archaeological analysis pursuant to Section 8.9
hereof, and shall also be utilized as guidelines for permitting and construction
activity in other areas of the City of Port Angeles and its Urban Growth Area
as now established or hereafter defined.
Section 11. Confidentiality
11.1 To the extent authorized by law, those portions of all reports, maps, or
other information identifying the location of archaeological sites, objects, or
human remains will be treated as confidential and exempt from public
disclosure, to discourage looting and depradation.
11.2 To the extent authorized by law, those portions of the reports, maps, or
other infonnation identifying the location of archaeological sites or objects or
human remains will be shared with state and local governmental permitting
personnel. These portions of the reports, maps, or other information will be
shared with landowners and their consultants only as absolutely necessary and
with confidentiality procedures firmly in place, including, but not limited to:
(1) maintaining a registry of names, addresses, and telephone numbers of
those who view the information; (2) restricting copying; (3) notifying the
Tribe if copies are requested or released; and (4) requiring that all copies are
eventually returned or destroyed. These restrictions will be incorporated into
all federal, State, and local permits and other approvals. Information
identifying the location of archaeological sites or objects or human remains
located on a particular parcel may be shared with the owner of that parcel
during permitting activities or as otherwise required under law.
- 10-
11.3 The State, City and Port may share with the public the non-confidential
and non-exempt portions of the reports, maps, or other information for
purposes of: (1) educating the public as to the sensitive nature of the cultural
resources and the Tribe's cultural affiliation with the cultural resources; (2)
encouraging repatriation (as described in Section 10); and (3) avoiding similar
damage to cultural resources in the future; so long as the sharing of sucii
information does not reveal the specific location of artifacts, human remains,
features and sites, consistent with RCW 42.56.
Section 12. Future Planning
As necessary, the City will initiate and take all reasonable means to support
the process to arnend the Shoreline Master Program, and the City, Port and
State will amend any plans or authorities, to reflect and implement this
Agreement, and to provide notification to the public, landowners, and
developers.
Section 13. State and Federal Designations
tinder Sections 10.1 and 10.3 but not 10.2, the Tribe may seek the listin
historic properties under federal and state law for all qualifying properties, and
take other action necessary to protect such properties.
Section 14. Dispute Resolution
14.1 The Parties agree that they shall attempt to resolve any dispute arising
under this Agreement according to the following sequence of dispute
resolution measures, until the dispute is 'finally resolved: (1) government-to-
government consultation between the State, City, Port and Tribe through their
inter-governmental liaisons designated pursuant to Section 9.4 above; (2)
government-to-government consultation between the City Mayor, President of
the Port Commission, Tribal Council Chair and designated representative of
the State; and (3) mediation between the State, City, Port and Tribe faciiitated
by John Bickerman or some other mediator to be mutually agreed upon by the
Parties.
14.2 If the measures in Section 14.1 do not result in final resolution of the
dispute, any party may take such legal action as they deem appropriate. The
Thurston County Superior Court will retain jurisdiction to enforce the terms of
this Agreement. In the event any Party is required by the Thurston County
Superior Court to file a new cause of action to enforce the terms of this
Agreement, the Parties hereby waive sovereign immunity and consent to be
sued to the extent necessary for such an action to proceed in the Thurston
County Superior Court.
- 11 —
Section 15. Other Agreements
The agreement reached between the State and Tribe, and agreement reached
° between the State, City and Port, are each incorporated by reference as if fully
set forth herein.
• .r
STATE OF WASHINGTON
By:
Ch ine 0. Gregoire
Its Governor
LOWER ELWHA KLALLAM 1RIBE
By:
rances G. Charles
Its Tribal Chairperson
CITY OF PORT ANGELES
By:
Karen A. Rogers
Its Mayor
PORT OF PORT ANGELES
By:
W.M. "Bill" Hannan
President, Port of Port Angeles Commission
- 12-
EXHIBIT C
CONTACT PERSONS
LOWER ELWHA KLALLAM TRIBE
Frances Charles
Chairperson
Lower Elwha Klan= Tribe
2851 I,ower Elwha Road
Port Angeles, WA 98363
Phone; (360) 452-8471
Cellular: (360) 460-2808
Fax: (360) 452-3428
Email: fgeharles(iielwhamsnats
Arlene Wheeler
Cultural Resources Liaison
Lower Elwha Kla Ilarn Tribe
2851 Lower Elwha Road
POrt Angeles, WA 98363
Phone (360) 452-8471 Ext. 102
Cellular: (360) 460-5842
Fax: (360) 452-3428
Email; arlenew@e1wha.nsnais
CariTien Charles-Watson
Assistant to Cultural Resources Liaisoi
',ewer Elwha Klal larn Tribe
2851 Lower Elwha Road
Port Angeles, WA 98363
Phone: (360) 452-8471
Fax: (360) 452-3428
carmen elwhamsn, us
crry OF PORT ANGELES.
City Manager
Mark Madsen
321 E. 5`"'
Port Angeles, WA 98362
Phone: (360) 417 -4500
Email: mmadscn cit c
City Archaeologist
(Position yet to be filled)
321 E. 5th
Port Angeles, WA 98362
Phone: (360) 417 -4500
us
PORT OF PORT ANGELES
W. M. "Bill" Hannan
Commission President
Port of Port Angeles
338 — West First Street.
P.O. I3ox 1350
Port Angeles, WA 98362
Phone: (360) 457 -8527
Fax: (360) 417 -3427
Email: billh4portofpa.corn
Robert E. McChesney
Executive Director
Port of Port Angeles.
338 — West First Street
P.O. Box 1350
Port Angeles, WA 98362
Phone: (360) 457 -8527
Fax: (360) 417 -3427
Email: bobm.rrportofpa.com
WASHINGTON STATE
Allyson Brooks, Ph.D.
State Historic Preservation Officer
Department of Archaeology and Historic Preservation
1063 S. Capitol Way, Suite 106
P.O. Box 48343
Olympia, WA 98502
Phone (360) 586-3065
Fax (360) 586-3067
Email: Allyson.Brooks@DAHP.WA.GOV
Rob Wbitlain
State Archaeologist
Department of Archaeology and Historic Preservation
1063 S. Capitol Way, Suite 106
P.O. Box 48343
Olympia, WA 98502
Phone (360) 586-3080
Fax (360) 586-3067
Email: Rob.Whitlam@DAHP.WA.GOV
Randy Hain
Regional Administrator
Washington State Department of Transpo tatioi
5720 Capitol Boulevard South
Tumwater, WA 98501
Phone: 360-357-2605
Fax: 360-357-2601
Email: HainR®wsdot.wagov
EXHIBIT 2
CULTURAL RESOUC ARC . .OLOGICAL SERVICES
General Information
This form must be signed by a person authorized to make proposals and enter into contract
negotiations on behalf of your agency. To be considered for this project, the submittals
must be completed in accordance with this RFP and this cover sheet must be attached.
Failure to submit this form will result in your proposal being deemed non-responsive.
Elizabeth Perry
Print Name of Authorized Official
SWCA Environmental Consultants
Company Name
5418 20th Ave NW, Suite 200
Address
206 781-1909
Phone Number
cmiss@swca com
E-Mail Address
12 November 2013
Date
Vice President
Title of Authorized Official
Christian J. Miss
Contact Person
Seattle WA 98103
City, State, Zip
206 781-0154
Fax Number
86-0483317
Federal Tax ID #
NOTE: It is the sole responsibility of the Consultant to learn of Addenda, if any. Such
information may be obtained from the Builder's Exchange of Washington
(BXWA) web site, http://hxwa.corn
Page 4
Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale
City of Port Angeles
Request for Proposal for
AS- NEEDED CULTURAL RESOURCES
AND ARCHAEOLOGICAL SERVICES
lP
ki O
,.
err��l/r /�„
lo
Sound Science. Creative Solutiorts.®
LETTER OF SUBMITTAL III
1. QUALIFICATIONS 1
Firm Introduction 1
Capabilities 1
Staff 1
Advisory and Review Services 1
Cultural Resources Management Plans 1
Archaeological Survey 1
Monitoring and Discovery Plans 1
Tribal Coordination 2
Historic Preservation Services 2
Archival Research 2
� �
Construction Monitoring 2
Agreements 2
Mitigation 2
Project
3
|e
Qualifications 3
Project Manager/Principal Investigator – Robert Kopperl, Ph[}, RPA 3
Project Archaeologist – Ross Smith, MA, RPA 3
Geoarchaeologist – Brandy Rinck, MA, RPA 3
Historian – Sharon Boswell, MA 4
Architectural Historian – Eileen Heideman, MS 4
GIS/Graphics Specialist – Johonna Shea, BA 4
II. EXPERIENCE .................. .................... ..... ......... .,^.^............. ,..,..^^~,.^5
Agency Experience � 5
On-Call Experience with Cities, Ports, Counties, Utilities, and 5toteAoenoen5
Department of Archaeology and Historic Preservation (DAHP) 5
Washington Tribes 5
Regulatory Experience 6
Executive Order 05-05 6
NHPA Section lOb 6
Relevant Projecf Experience 6
III. APPROACH AND UNDERSTANDUNG..,,...........—'. .................. ........... 1 0
Management Approach lO
Multiple Task Order Management 10
Quality Assurance/Quality Control (QA/QC) 11
Methods for Tracking and Monitoring Budget and Progress 11
Managing Potential Impacts to the Scope 11
IV. CAPACITY FOR PERFORMANCE 1 2
Depth of Resources 12
Workload and Staffing 12
CITY OF PORT ANGELES, VYA-cULTURAL RESOURCES AND ARCHAEOLOGICAL SERVICES
l3
FodlhiesondEqoiprnent — -- --------- ----- ----- --
Prioritizing Yo r ' l3
V. ABILITY TO RESPOND ............................................................................. 14
VI. l'4 ������~..^.~..^^........~..~~.^.^..,.^^^~...^...~......~,......~.....~..^...^...^..~..
VII. SERVICE CONTRACT MO0UF|CATIOyJS....--...-'^...'-^.'-.,,.,-~'-'~' 15
CITY OF PORT ANGELES, WA -- [ULTURAL RES{}UR.CES AND AR{:2MAE(]LD{.31 CAL 3ERV|CE5
ENVIRONMENTAL CONSULTANT
Sound Science. Creative Solutions.
November 19, 2013
Director of Public Works and Utilities
Attn: EhcWo|roth
P.O. Box 1150
Port Angeles, Washington 98362'02l7
Seattle Office
54l820m Avenue NW, Suite 200
Seattle, Washington 98107
Tel: 206.781.1909 Fax 206.781.0154
Email: cjmiss@swca.com
RE: Cultural Resources and Archaeological Services for the City of Port Angeles
SWCA Environmental Consultants submits the attached document in response to the City of
Port Angeles' (City's) Request for Proposals (RFP) to provide cultural resources consulting and
archaeological services. Our Seattle office, previously Northwest Archaeological Associates (NW/4A),
was incorporated in 1987 to offer professional cultural resource management services to private
clients and government agencies in the Pacific Northwest.
Port Angeles has a unique history of archaeological discoveries, which recently culminated in a
settlement agreement between the City, the Port, the Lower Elwha Klallam Tribe, and the State of
Washington. SWCA can assist the City in meeting the stipulations of the agreement by 1) providing
responsive, professional, and comprehensive cultural resource services, 2) providing specialists who
specialize in Northwestern Washington archaeology and history and who meet the Secretary of fhe
Interior's standards for their profession, and 3) collaborating with the City and other stakeholders to
meet project goals and outcomes. Our team, consisting of skilled archaeologists, geoarchaeologists/
geomorphologists, historians, architectural historians, and G|3 specialists, has decades of experience
on the Olympic Peninsula, including contracts completed for the City of Port Angeles, Olympic
National Park, the Lower Elwha Klallam Tribe, Nippon Paper Industries, and the US Coast Guard
3totion EdizHook. SWCA is able to provide the City with all services outlined in the RFP document.
Our proposed Prolect Manager and Principal Investigator is Robert Kopper], PhD, Registered
Professional Archaeologist. If you have questions regarding the content of the proposal, please feel
free to contact Dr. Kopperl or me (206) 781 -1909. Thank you for considering SWCA for this
important work.
Best regards,
LL�
Christian J. Miss
Seattle Office Director
CONSULTANTS
Sound Science. Creative Solutions.®
111 11111111111111111 „III
111111111 11111111111101011111111yffilliffiffililil 111111
11111111111111111111111111111111111111 1111111111111111111111
1111
111111111111
FIRM INTRODUCTION
SWCA Environmental Consultants is a 100 percent employee-owned company of cultural and
natural resource scientists and planners that was established in 1484. Our professionals specialize in
environmental and cultural resource surveys, planning, permitting, compliance, and management.
SWCA's Seattle office, formerly Northwest Archaeological Associates UNVVAA\, has provided cultural
resources management to municipal, state, federal, and private clients in the Pacific Northwest Tor more
than 25 years. SWCA regularly mobilizes teams consisting of professional archaeologists, architectural
historians, historians, and construction monitors to assist clients in complying with Section 106 of the
National Historic Preservation Act (NHPA), the State Environmental Policy Ac (SEPA), the National
Environmental Policy Ac (NEPA), Executive {]n]er05'05, and other state and local regulations.
We have completed more than 1400 cultural resources projects in the Pacific Northwest, most of them in
the State of Washington, with reports on file at the Department of Archaeology and Historic Preservation
(DAHP). SWCA's Seattle Office has a staff of 25, with employees averaging 11 years with the company.
This long-time commitment has forged an experienced, dedicated, and cooperative team ready to assist
the City of Port Angeles.
CAPABILITIES
Staff
SWCA's project managers meet or exceed the Secretary of Interior's Standards for their specific fields of
expertise and the senior archaeological staff meet the definition of Professional Archaeologist under RCW
27.53.030(11) and WAS 25-48-020(4). In addition, all of SWCA's Seattle Office staff members possess
a valid driver's license.
Advisory and Revi w Services
SWCA has provided peer review of DAHP
archaeological excavation permits and articles
for professional journals. Many of our projects
also call for staff provide with peer review for
state agencies and professional journals and
permit to review permits, project reports, and
construction plans.
Cultural Resources Manageme t P1
SWCA has designed several Cultural Resources
Management Plans, including an hisforic
properties managernent plan for fhe Baker River
Hydroelectric Project (client: Puget Sound
Energy) and predictive cultural resources models
for King County and Port Gamble.
Archaeological Survey
Our archaeologists routinely conduct subsurface
field investigations and geoarchaeological
testing to identify resources. We also identify sites
and sensitive areas within APEs; identify
resources for the National Register of Historic
Places (NRHP), assess effect , and provide ways
to avoid, reduce, or mitigate adverse effects.
Monit ring nd Discovery Plans
We have written at Ieast 1 00 lnadvertent
Discovery Plans (IDPs) and Monitoring and
Discovery Plans (MDPs). MOPx are developed to
address potential adverse effects to
archaeological resources should they be
encountered during construction and provides
protocols consistent with with state law.
CITY DF PORT ANGELES, W/ —CULTURAL RESOURCES AND ARCHAEOLOGICAL SERVICES
ENVIRONMENTAL CONSULTANTS
Tribal Coordination
SWCA'o Seattle staff have built solid, positive,
long-term, respectful working relationships with
numerous tribal communities throughout western
Washington. In the past 5 years, we have
contracted directly with the Lower Elvvho,
Muckleshoot, Tula lip, and Stillaguamish tribes,
and have worked with theSnoquolmie,
Suquamish, and Puyallup tribes.
Historic eservation Services
Our historic preservation specialists design and
conduct resource surveys o historic buildings
and structures, historical overviews, preservation
plans, interpretive plans, and evaluation and
excavation of historical archaeological sites.
SWCA architectural historians routinely
determine ehgibility Tor isting in the NRHP and
evaluate the significance of historic properties.
Archival Re3e rch
Our prolect archaeologists, architectural
historians, and historians are skilled in
conducting literature searches and original
archival research, and have produced
comprehensive historic contexts for projects as
diverse as the Elliott Bay Seawall Project and
Mokiltew Multimodal Transportation Projects.
Construction Monitoring
We can provide high'quolity, on-call
construction monitoring services Tor any project
wifh a dedicated monitoring supervisor and staff.
The primary goal of archaeological monitoring is
to ensure appropriate treatment of any cultural
materials or ancestral remains discovered during
construction and timely noti{ication o{ concerned
parties, following state law.
Agree ents
SWCA staff is able to assist in or develop
agreement documents such as memoranda o
agreement, including coordinafing with
agencies, tribes, and private parties, organizing
meeting or conference calls, and writing the
agreement.
Mitigation
SWCA provides clients with an array of
mitigation options should the need arise. These
include HABS/HAER and OAHP Levels |-U|
documentation for buildings and structures,
museum exhibits, brochures and books,
educational history trunks, web'oontent
interpretive signs, and archaeological data
recovery.
CI"FY Or PORT ANGELES, WA — CULTURAL RESOURCES Ar
ARCHAEOLOGICAL SERVICES 2
ENVIRONMENTAL CONSULTANTS
Sound Science. Creative Solutions.®
PROJECT TEAM
Qualifications
SWCA is Iicensed to do business in Washington and our project managers and
team members meet the Secretary of the Interior's Standards for Professional
Qualifications in one of the following areas: archaeology, history, or architectural
history, as well as providing additional specializations in geoarchaeology, historic
preservation, cultural landscapes, cultural geography, applied anthropology,
heritage tourism, public history, oral history, and preservation education. Our
project personnel regularly present findings in accordance with the Washington
State Standards for Cultural Resources Reporting.
Pro^ectManagerfPyincipal investigator Ro
ert wwppeylx hD, RPA
Dr. Kopperl has over 18 years of experience and has participated in an array of projects as project
manager, principal investigator, field supervisor, or faunal analyst in Washington, Idaho, Oregon, Alaska,
and Michigan in private sector, academic, government, and museum contexts. Most recently, he has
served as manager of numerous Section 106, SEPA, and NEPA compliance projects throughout
Washington, including a predictive model for King County and a cultural resources assessment of the 1^5
Mel\en4m^0lukemleeJuwd|nn Project in Lewis County. He also directed archaeological xamicexfor the SR 17
and SR 282 road widening project between Moses Lake and Ephrata. Dr. Kopperl is experienced with all
facets of cultural resource management, including survey, mey, � oti nQ, and data recovery excavation projects.
He has authored or co-authored three published peer-reviewed journal articles, four edited book
chapters, numerous professional conference presentations, and over 70 technical reports. In addition, Dr.
Kopperl reviews DAHP archaeological excavation permit in his capacity as a board member of the
Association for Washington Archaeology. He also provides peer review for professional journals including
North American Archaeo/ogist, American Antiquity, and the Alaska Journal of Anthropology (2003'2009),
as well and grant application review for the National Geographic Society.
Pro^ectApchoeologist — Ross Smith, MA, RPA
Ross Smith is an archaeologist in SWCA's Seattle office with over lO years of experience in cultural
resource management. Mr. Smith's work at SWCA inc!udes coordination with the National Park Service
(NPS), tribal, natural, and cultural resource protection offices, local cities and counties, and private firms.
` '
Hin duties include project management of cultural resources assessments, archaeological surveys,
archaeological testing, and data recovery project ,evoluo tinQ historic and prehistoric sites, faunal
analysis, and archival research. Mr. Smith supervised archaeological survey, testing, and evaluation of
archaeological resources for the Elwhm and Ql| Canyon Dam Removal and directed data recovery efforts for
the Elwha River Rockshelter. Mr. Smith is a skilled zooarchaeologist and regularly uses his expertise in faunal
remains to contribute to SWCA prolects.
Geoanchmeolmgist — Bmondy Rinck, MA, RPA
Brandy Rinck has more than 9 years of experience in geoonch000logicol services at SWCA's Seattle office.
Currently, Ms. Rinck applies her knowledge of glacial geomorphology, stratigraphic analysis, and soil
characterization to projects across the Puget Sound and in western Washington. She regularly performs
borehole monitoring and analysis and contributes to technical studies under NEPA, SEPA, and Section
106. Recently, Ms. Rinckcomple1ed a field reconnaissance survey, auger probes and bank face profiles, and a sensitivity map for 60-mi le-long sec ti on o f a proposed high-speed rail alignment beeen Merced
and Fresno, California, in order to identify potential for buried cultural resources. She completed
CITY OF P[)RJANGELES, WA CULTURAL RESOURCES AND ARCHAEOLOGICAL SERVICES 3
ENVIRONMENTAL CONSULTANTS
geoprobe and multiple test pit investigations at the Nippon Paper Mill in Port Angeles and currently manages
the archaeological monitoring program for that project. For the Sound Transit Edmonds Commuter Rail Station
Project, she conducted exploratory bockhoe test pits below an asphalt surface in which she identified an
intact buried historic surface. She assisted in the development of an MDP and worked with the monitor to
direct and document the monitoring and site testing. For Sound Transit's D-to-M Stree Track and Signal Project
she assessed the potential for discovery and identified high-potential areas to be monitored.
Historian— Sharon Boswell, MA
Sharon Boswell has extensive professional experience in history, ethnohistory, oral history and cultural
resource management. She is a senior historian who develops historical context and building
documentation for federal, state and local government clients. She also works with agencies and
municipalities to provide archival research and a range of historical services including oral history,
publications, exhibits, interpretive signs and other public education and outreach programs. Ms. Boswell
has also worked with a number of tribes and agencies on documentation of Native American history and
treaty relationships as well as on research pertaining to legal issues. One o{ her projects was the History of
the Point ElliottTreaty, prepared as part of the Mukilteo-Multimodel Transportation Project. Ms. Boswell taught
history at the college level for more than a decade and meets the Secretary of Interior Standards and
Guidelines for Professional Qualifications in History under 36CFR61. She has published books on Seattle
and Northwest history and conducted oral history interviews on cultural, environmental and political topics
with narrators throughout the Northwest
Eileen Heideman's work emphasizes the documentation and evaluation of historic buildings, bridges and
structures for architectural and historic surveys, including many Section 106 projects, and she meets and
exceeds the Secretary of the Interior's Professional Qualification Standards for Architectural History. Her
consulting work has ranged widely involving architectural conditions assessments, National Register
nominations, Historic Structures Reports, historic context development, Historic American Buildings
Survey/Historic American Engineering Record (HABS/HAER) documentation and architectural
photography. Ms. Heideman completed a conditions assessment of historic architectural features of the
historic Georgetown Steam Plcint, a National Historic Landmark, for Seattle City Light. Other projects involved
documentation of bridges located throughout Washington State, including King, VVhotcom, Thurston,
Douglas, Grant, Walla Walla and Clallam Counties. In Port Angeles, Ms. Heideman prepared DAHP
Level II Documentation for the 8th Street Bridges.
GIS/Graphics Specialist — Johanna Sh ma, BA
Johonna Shea has over 20 years experience in cultural resources management, including 10 years as the
GIS specialist for SWCA's Seattle office. Ms. Shea's background includes work on numerous cultural
resource overviews in Washington and Idaho, developing site sensitivity models for large and small scale
projects, and digitizing historic maps and photographs into a GIS framework. She supervises graphics
technicians and specialists, GIS project workload and workflow, spatial database development and
mainfenance, and cartographic production.
CITY OF PORT ANGELES, WA CULTURAL RESOURCES AN AR,JHAE[}L]G|CALSERVICES
4
Sound Science. Creative Solutions.®
I. EXPERIENCE
AGENCY EXPERIENCE
Expei.ienc6
.„,itdities, and Si.aia
SWCA holds a number of on-call and master service agreements, as indicated below, and regularly
conducts task orders to the owner's specifications.
itt it3ttilitt3,Liiiiittit3K. liti":33ti;:itiilKlialtit:3
11-
On-Call Environmental
On-Call Environmental
On-Call Cultural Resources
1
On-Call Historical Resources, Skagit
River Hydroelectric Project
On-Call Cultural Resources
On-Call Cultural Resources
On-Call Cultural Resources, Bo
River Hydroelectric Project
On-Call Cultural Resources
"i•
it lo tittit .a 1 • 1,1 • i• • .11,r.-3111,11
2013-present Seattle King Couniy Roads
' t :2-prt-itsent Seattle Pt •ti . t •••ntlile
2012-present Statewide Department of Transportation
(WSDOT)
201 I -present Stotowicit- 'Kt ii iiittrit of HO i & Wildlife
2011-present Skagit County Seattle City Light
2003-p 2005-present
2004-present
V.testera WA it/VA litAote Parlttis and KE,c. reation
Et co [110 Port of Tacoma
Slttiactlit & i"uget iSoutitcl Energy
2006-2012 Statewide
WSDOT
Department of Archaeology and Historic Preservation
SWCA regularly communicates with DAHP staff on project-specific concerns, inventory form and report
submission, excavation permits, and complex cultural resource issues. We:
1) Search DAHP's Washington Information System for Architectural and Archaeological Records Data
(WISAARD) database to assess the presence of previously recorded archaeological or historic
properties or cultural resource reports.
2) Apply for and receive DAHP-issued excavation permits for archaeological testing and data recovery
projects, according to WAC 25.48.060 - approximately 20 permits to date.
3) Complete State Inventory Forms for on-line submission to DAHP.
4) Produce reports that meet DAHP's stringent standards.
..I\II.x.;hington
SWCA's Seattle office staff have built solid, positive, long-term working relationships with the numerous
tribal communities in Western Washington, including the Lower Elwha Klallam, Suquamish, Swinomish,
Lummi, Tulalip, Muckleshoot, and Stillaguamish Tribes, among others. These relationships have been built
CITY GE PORT ANGELES, WA — CULTURAL RESOURCES AND ARCHAEOLOGICAL SERVICES
5
�
ENVIRONMENTAL CONSULTANTS
through a variety of avenues, including project -specific cultural resources coordination and direct
contracting to the tribes,
REGULATORY EXPERIENCE
Executive Order 05'05
SWCA can assist the City of Port Angeles in complying with Washington State laws as they apply to
archaeological sites and human remains, including Executive Order (E[)) 05'05, the Archaeological Sites
and Resources Ac (RCW 27.53), and the Indian Graves and Records Act (RCW 27.44). In particular,
SWCA has completed over 60 projects guided by E0 05 05 , which requires state agencies undertaking
capital improvement projects to consult with DAHP and tribes to assess potential effects to cultural
resources (CR).
Project Name
^oo,6\emovmFivh Hatchery Renova
Lake Leota Stormwater Retrofit
Lahmor's Landing Park Projoct
Smuggler's Gulch 3*,nnwoterLID
mmmcte63tonnwote,Wetland
[�ifA`wnw~"/
013 CR6sseommi
�/. [KAunuw-?nt
[xy'JYiu .wUe/Ecoioyy
••4 up!
•
01 1 CR Assessmen r:iiyo|k4vkikeo/Lnarny
, '008 CR Assessment City of Arlington
H VA !':;e«;timm 106
SWCA's Seattle office has completed hundreds of cultural resources projects in Washington to assist
federal, state, and municipal clients in their compliance with NHPA Section 106. A very small selection of
these projects follows.
Lozia, Ranch Development Proj
Early Learning Center Project
Dugualla Bay Habitat Restoratio
31st Street Drainage Outfall
Eastmont Extension Fir Avenue Byp
Reddington Levee Setback Project
/ o|J CK :_;sessmm`
013 Ck/u`comnn/ Tvlo|ip[ribey
S|? 'Atc,003
'O|| [RAssessmam Dnvo|o,[ov»ty
aoonom.0 D`mok.s[uv"�
O
CR Overview King County
RELEVANT PROJECT EXPERIENCE
SWCA has completed numerous archaeological survey and testing projects on the Olympic Peninsula
(prior �
/to 2�l2, as Northwest Archaeological Associates [4\�A/�) und ourSeot�e'bosmd cultural resource
' expe dn have an extensive knowledge of the history, prehistory, and cultural contexts within Olympic
National Park. Below is a selection of projects recently completed by our project staff that showcases the
variety of skills needed to meet City of Port Angeles requirements, including:
CITY OF PORT ANGELES, WA — CULTURAL RESOURCES AND ARCHAEOLOGICAL SERVICES 6
Sound Science. Creative Solutioris.®
Conducting intensive survey testing, and data recovery projects;
Recommending National Register of Historic Places (NRHP) eligibility;
Familiarity with Pacific Northwest and Olympic Peninsula history and prehistory;
Experience working directly for and engaging with the Lower Elwha Klallam Tribe on a variety of
projects;
Experience in conducting complex material analyses projects; and
Facilitating or participating in cultural resource consultations with multiple stakeholders.
Pysht River Estuary Restoration Project -Cla /amCounty, Washington (2070/2013)
SWCA conducted an archaeological resources assessment of the
proposed Pysht River Estuary Restoration Prolect for the Lower Elwha
Klal lam Tri be in 2010 and then expanded these studies in 2013 when
the project design reached 50 percent. The assessment included
background research, pedestrian survey and subsurface testing
around dredge spoil piles, and borehole monitoring at a proposed
bridge construction site. The dredge spoils piles were a component o{
the Merrill & Ring Pysht Camp /45CA469\, which includes buildings
and ���+..n=' associated with early century logging activities.
~'~ '~~'~---------- ' � --
The most recent field effort included additional shovel probes and pedestrian ion oomeyon d documentation of a check dam identified in 2010. While no pre-contact resources were recorded, SW[Aidenhfied
(20l0\ the buried ground surface and several remnant tidal channels beneath the dredge spoil piles,
� which could have contained Native fish traps and weirs.
Nippon Paper Industries Plant Expansion Project Port Angeles, Cla Horn County, Washington
(201O-2073)
SWCA was retained by Nippon Paper Industries to determine if
planned construction of Biomass Cogeneration Facility at th i / Port
Angeles plant would encounter archaeological remains similar to
those found at the nearby Tse-Whit-Zen site. SWCA completed a
series of geoprobes and short trenches to assess the effect o{ the
design on cultural resources in the project area. Fill containing
industrial debris and scattered shell fragments were identified in the
eastern half of the project along with dark, charcoal and ash-rich
sand, that was identified as disturbed archaeological midden.
Naturally deposited intertidal sediment gravelly beach sands
'`"'"'",°^p�~~~~'---- —' and '
were found below intertidal sediment and fill. Disturbed midden within the fill indicated some potential for
encountering displaced human remains during construction. SWCA worked with the Washington State
Department of Archaeology and Historic Pvexmwotion/SMP{}, the U.S. Deportment of Energy, and the
Lower Elwha Klallam Tribe to develop a memorandum of agreement (MOA) that included provisions for
t
monitoring and �ixcovery,foro��i�ono� subsurface construction un remove d buildings, and
Tor treatment of discoveries. Subsequent archaeological monitoring was successfully completed in early
2013 and all cultural materials collected from the fill were turned over to the Lower Elwha Klal lam Tribe
for curation.
CITY OF PORT ANGELES, WA - CULTURAL RESOURCES AND ARCHAEOLOGICAL SERVICES
ENVIRONMENTAL CONSULTANTS
Lower Elwha Wastewater Treatment Project Cultural Resources Assessment - Callan) County,
Washington (ZOO9,2O/2)
The Lower Elwha Klallam Tribe proposed construction of 7.5 miles of
wastewater pipeline within the Lower Elwha Indian Reservation that will
connect to the existing conveyance system in Port Angeles,
Washington. In 2009, SWCA was contracted to assess 4.5 linear miles
of the project area. The assessment included archival research, a
pedestrian survey o{ the entire project area, and excavation of 573
subsurface probes in areas of proposed ground disturbance. Three
isolafed archaeological Tinds, a segment of the historic Milwaukee
Railroad grade, and one associated eature were identi{ied during the
course of the survey. SWCA met with representatives from the Lower Elwha Klallam
concerns regarding culturally sensitive areas on or near the project. The National Park Service was
responsible for formal consultation. In 2012, SWCA was retained to conduct additional shovel probe
surveys in suppor o{ the same project.
Elwha River Rockshe/ter(45CA630—[la //om County, Washington CZQ77>
SWCA conducted limited archaeological excavations at the Elwha River Rockshelter site (45[A630) in
2009 for the Olympic National Pork. This investigation yielded evidence of human activities including
hearth features, lithic debitage, carbonized and uncarbonized botanical specimens, and numerous marine
and terrestrial faunal remains. Discovery of human burial halted fieldwork at this site; however, analysis
of colluded materials yielded significant information regarding late prehistoric and early historic human
use of the Elwha River valley. Radiocarbon assay on marine gastropod shell collected near the base of the
excavation yielded a radiocarbon age of 2710-2360 cal B.P. Although the rockshelter is located
approximately four miles inland from the modern coastline, the faunal assemblage is dominated by
marine invertebrates that were transported to this site. The Elwha River Rockshelter site is the only
rockshelter identified within the Elwha River drainage and it is one of the few analyzed assemblages from
a low elevation rockshelter/cave deposit west of the Cascade crest.
E/vvho and Glines Canyon Dam Removal Project, Archaeological Survey, Testing, and Evaluation —
C/o//o/n County, Washington (2009)
Tribe to discuss any
SWCA conducted an archaeological resources assessment for Olympic
National Park in preparation for the removal of the Elwha and Clines
Canyon dams. This assessment included background research,
pedestrian survey, subsurface testing and metal detector sweeps of the
access roads and potential staging areas adjacent to the Iwo dam
xiteu,cnvehngototolof20qoc/es.Thvoopnaviouolydocumented
archaeological properties were revisited and seven new archaeological
properties, including the remnants of dam construction camps, dam
worker housing, pre-contact lithicscatters, and a pne'contodnwck
shelter, were recorded in the course of the field survey. Eight
archaeological components were recommended eligible for listing in the National Register of
Places.
Historic
CITY OF PORT ANGELES, WA —CULTURAL RESOURCES AND A .,HAE ;|CAi SERVICES 8
Sound Science. Creative Solutions.®
Archaeological Survey and Test investigations for the EWTP Levee Project, Elwha River Restoration
Project -Uom County, Washington (2O 7'2000
SWCA conducted archaeological investigations Tor the proposed
EWTP Levee Project as part of the Elwha River Restoration Project. A
combination of lxl m test excavation uni ts, 50x50 cm sondages, 30
cm'diomeha/xhoval probes, and bockhoetnenchas and backhoe
shallow scrapes were utilized to carry out subsurface explorations
within the APE, which included a previously recorded Native American
farmstead (45- CA-450). Due to natural flooding on the Elwha River
and land use activities since the farmstead was sold to the City of Port
Angeles in 1940— most of the APE was covered by either a foot of
recent overbank llu m orbyuptm2 feet of broadcast spoilsfrom excavation of the nearby Tish-rearing
ponds. Over 830 historical artifacts were recovered from the various archaeological excavation units, and
the bulk of these were recovered in the general vicinity o{ the {arm buildings as mapped in 1935. No
intact historical archaeological features were identified, and the post-1940 history of land use in the APE
suggests it is unlikely that intact archaeological material associations, other features, or deposits have
been preserved.
EUiott Bay Seawafl Project Seattle, Washington (2010-2013)
The Elliott Bay Seawall Project highlights SWCA's management of a
multi-phase, multi-year prolecf and demonstrates our commitment
to a timely and cost-effective cultural resources practice. Our Seattle
staff completed many tasks associated with the cultural and
archaeological aspects of this linear, waterfront project, including
authoring of the cultural resources discipline report, contributing to
the Environmental Impact Statement (EIS) document, and design
and execution of a geoarchaeological drilling program and
underwater archaeological survey. SWCA also co-authored a tribal
,�nn]inn+innn|onfor the Seo�laD000�men1ofTronspo�otion
``------�'~L.S. Army S\�CA has completed all tasks for the Elliu�Bay
- - ��'� project under budget and within the allotted � / efnzmo. The City of Seattle maintains tight
---��- ' - l and met deadline. \Ne have con�olledour rates and
deadlines for project consultants, on has m every oo �
fees for this $500,000 project in order to comply with the City's ongoing fiscal responsibility to tax payers.
We submit regular financial progress reports to the City and are occuo t ome dto rigorously tracking and
reporting all expendifures associated with task-based services agreements.
2012) On-call Cultural Resources .Services for Washington State Department of Transportation (2006-
SWCA has directed and managed completion of more than 100 task
orders for cultural resources services related to state highway
modifications over three consecutive services contracts. The projects
have been located from the Washington coast to the ldaho border and
from the Canadian border in the north to the Columbia River in the
south. The work has included background research, field survey,
evaluation of identified sites, assessment of impacts to historic
structures, coordination with Native American groups, and preparation
of reports and documentation following Section 106 and FHWA 4(f)
,11111111.1,11111001 ilk
CITY OE PORT ANGELES, WA CULTURAL RESOURCES AND ARCHAEOLOGICAL SERVICES 9
ENVIRONMENTAL CONSULTANTS
procedures. A wide range of project types have been addressed including road-widening and
realignment, interchange improvements, wetland and habitat creation, gravel source development, and
bridge replacements.
.'111111
11111Y111 """1
SWCA understands that archaeological, cultural, and historical work Tor fhis on-call contract will be done
in support of the City's responsibilities under the "Settlement Agreement Among the State of Washington,
Lower Elwha Klallam Tribe, City of Port Angeles, and Port of Port Angeles" of 2006. We also understand
that there may be other laws that trigger the City's role in protecting its cultural resources including NHPA
Section 106, SEPA. E(} 05-05, Section 4(f) of the U.S. Department of Transportation Act, and Clean
Water Act Section 404 permits. Our staff understand the role they will be playing as cultural resource
consultants on this on-call and the many hats they will wear to support the City.
MANAGEMENT APPROACH
r Project Manage
Principal Investigator
Robert Kopperl
T
!�~
�
K
^
[ Archaeologist]
Ross Smith
11111.11. IIIIIMON111111111111111M111
Geoarchaeologist/ GIS/Graphics
Geomorphologist Specialist
Brandy Rinck Sharon Boswell
HMI MI111001011110 101111111.11,11111111
Historian
Sharon Boswell
Architectural
Historian
Eileen Heideman
Multiple Task Order Ma aBemment
Our project manager will use labor projections and other staff scheduling tools to proactively identify
staffing constraints that could affect our ability to meet the City's deadlines. By reviewing these projections
and schedules regularly, we manage workloads and ensure that the right staff members are assigned to
the City's projects based on service need and schedule. SWCA's experience with WSDOT and other on-
call contracts, where simultaneous task orders were juggled regularly, gives us the experience in
CITY OF PORT ANGELES, WA — CULTURAL RESOURCES AND AR 'HAEOLDG|[AL SERVICES 1 O
Sound Science. Creative Solutions.®
prioritizing projects and allocating resources. Our sizeable cultural uro� resources sta means we have depth
of personnel ' staff multiple projects, or if the City undertakes large or specialized projects.
QmalitwAsswramcm/Qsality ComNrol(QWQC)
SWCA considers QA/QC to be of the highest importance when collecting and analyzing dota,mopping
results, and preparing summary reports. For all stages of the project, from fieldwork to report production,
SWCA has standardized procedures in place to ensure quality in all our work products. SVVCAimp|om*nto
measures to prevent errors from occurring during data collection and mapping in the field and follows this
up with a thorough in-office QA/QC process for all work products to ensure that we deliver a high-quality
product . We use standardized data sheets and report templates to ensure compliance with agency
deliverables. T�i �f
reporting rules and consistency in xopppooc acilitates efficiency and accuracy in the
preparation of report deliverables. All reports are peer reviewed for technical accuracy and completeness
by the Principal Investigator. Final reports receive technical editing before delivery to the client.
Consistent data collection is maintained by using custom data forms and a standard data dictionary on
global positioning system (GPS) \ units. Use of geodatabase to record field data has proven extremely
effective in eliminating the `p ntiol for lost field data because all field data are recorded electronically,
which eliminates the need to record data in field notebooks or annotate field maps. Quality control for
mapping in the field is ensured by collecting sampling data and mapping resource boundaries using
Trimble GPS units with submeter accuracy.
Methods For Tracki g and Monitoring Budget and Progress
SWCA uses Deltek Vision (Vision) to hock and monitor project budgets and progress. Vision is a fully
integrated software system, widely used in technical industries, that encompasses oll of our company
processes and resources. Vision allows project costs and progress to be tracked by phase or task, and it can incorporate multiple billing arrangements in a single project. This provides
concise and easy-to
unde/stondinvoicesondgive000theootiontoprovide billing information in whatever level o{ detail l meets
each client's requirements. SWCApnnjed managers track project activities and costs
with real-time
in{ormation through Vision, allowing us to
eftectively monitor and manage costs. We work hard to ensure
fhat task orders are completed on time and within budget.
Man ging Potential Impacts to the Scope
SWCA's ability to manage and address changes to the scope that may have potential time and cost
impacts begins with a solid understanding of the scope of work and the client's schedule and budget
expectations. T�epro�edmonogerwill�nllobnrotevviththeclienttoidentifvsch*dulamilestonesond
� project i work. Monthly reports and {requent status updates
interim deliverable targets prior to initiating wo � on y pro8ress repo
will be provided to ensure that all project timelines are met.
We undersfand that schedules need to be responsive to client needs. Through weekly staff meetings and
monthly labor projections, we identifv and resolve any potential scheduling conflicts to maintain the
e
projctxchodola. Based on defined internal ' milestone check-in dates, the project manager will adjust how
staff time is allocated among task orders if needed. As additional reporting and permitting needs may
arise, our ability to draw on additional staff from our Pacific Northwest offices ensures that the client's
project remains a priority.
CITY [)F PORT ANGELES, WA CULTURAL RESOURCES AND ARCHAEOLOGICAL SERVICES 1
ENVIRONMENTAL CONSULTANTS
The primary point o{ contact for this contract is Dr. Robert Kopperl, RPA, and he is supported by five key
personnel who represent specialties that are likely to be applicable when considering the cultural
resources of the Port Angeles area (see following Table). In addition, SWCA offers the City a large doff of
25 cultural resources professionals based out of our Seattle office, with the abIlity to quickly mobilize
additional staff from our Portland office, other regional offices, and our temporary labor pool. In short, we
can staff any size project fhaf the City may undertake.
Role
Project Manager/
Principal
Investigator
Archaeologist
Name
Robert Kopperl
PhD, RPA
Ross Smith
MA, RPA
Geoorch«p»l`«ist/ Brandy Rinck
Historian
Architectural
Historian
GIS/Graphics
Specialist
Sharon Boswell
MA
Eileen Heideman
MS
Johonna Shea
BA
Expertise
Reviews permits and cultural resources assessment reports.
Directs archaeological projects, including research, field,
analysis, and reporting; supports Section 106, NEPA, SEPA
E{} 05-05 contracts; manages monitors; coordinates wifh
Native American tribes and project personnel.
Conducts and supervises survey, testing, monitoring, and
evaluation projects for private, city, county, state and federal
clients in Washington State.
Designs and conducts studies based on topography,
geomorphology, stratigraphic analysis, and soil
characterization to identify and evaluate archaeological sites;
polenenvironmentolneconstroction.
Develops historical contexts; documents Native American
history and treaty relationships; provides archival research and
other historical services including oral history, publications,
exhibits and other outreach programs.
Conducts surveys of the bullt environment, including
identification, documentation, research, evaluation, and
mitigation of historical properties; authors compliance
documents—technical reports, inventory forms, NRHP forms,
HABS/HAER, and Level || mitigation,
Creates site sensitivify models for large and small scale
projects; digitizes historic maps and photographs into a G|5
framework; supervises graphics technicians and specialists,
and GIS project workload and workflow.
DEPTH OF ESOURCES
Workload and Staffing
The majority ofSYVCA'sworkload during the contract period will be handled by our Seattle stafF. Team
members from Seattle will be available {or editorial or other review requirements and technical backup,
including fieldwork or meeting attendance, if needed. This depth of resources illustrates our ability to
respond and allows the City to rely on us to meet all o{ our obligations.
CLTY OF PO - A GELES, WA CULTURAL RESOURCES AHD ARCHAEOLOGICAL SERVICES 12
Sound Science. Creative Solutions.®
SWCA can staff cultural resource projects of any size and can customize a team to meet any technical
requirements. Please refer to Table 1 to review the staff that will be performing work under this contract
and their availability.
Facilities and Equipment
SWCA's Seattle office has an extensive library that covers the environments, prehistory, and history of the
Pacific Northwest and contains a great deal of hard-to-find "gray literature" for the region. We maintain
facilities for the temporary curation of artifacts as well as for analysis and processing prior to permanent
curation. We use computing equipment running Windows software, with full database, statistical, GIS,
and graphics capability. SWCA's GIS professionals use Environmental Systems Research Institute (ESRI)
ArcGIS 10 software and are capable of all levels of data processing and analysis, as well as full-color
output for reports.
Our field crews are equipped with Trimble Geo-XT GPS units capable of submeter accuracy with
resource-specific data dictionaries and ESRI Arc Pad lO software, and we possess a full range of
subsurface testing and data recovery equipment should it be required. We provide standard field
equipment, such as hand tools, screens, and digital cameras. Crews are fully trained in completing site
and isolate forms to DAHP and Secretary of the Interior's standards.
UORIT|ZVNG YOUR PROJECTS
Dr. Kopperl will lead SWCA's efforts to assist the City in prioritizing projects. There are numerous variables
to be considered when prioritizing projects including, but not limited to:
°
°
°
°
0
Type of proiect;
Potential to affec known archaeological, cultural, or historical resources;
Risk of affecting unknown archaeological deposits that may contain human remains;
Funding and regulatory context, including the Settlement Agreement;
City and project schedules and;
City planning efforts.
SWCA key staff will be available to discuss how these variables may affect the level of effort — which
translates into time and money— that be needed to address each project and where each project fits
�
within the City's planning efforts. This information is starting point to prioritize projects. Further refinement
and revisiting of priorities should be conducted on a schedule that is designed to be most useful to the
CITY OF PORT ANGELES, WA - [ULTUF, S{)UR[E3 AND ARCHAEOLOGICAL SERVICES 13
ENVIRONMENTAL CONSULTANTS
Robert Kopperl and the SWCA team are available to the City to support any project. They can quickly
mobilize a team appropriate to the size and scope of the particular project. In general, SWCA can provide
a monitor within 24to 48 hours of receiving a request for routine, non-emergency monitoring services.
Non-emergency Situations
24-48
hours
In emergency situations, our response times typically vary {rom just a few hours to less than 12 hours
depending on when we are contacted and the location and nature of the emergency. For example, we
have responded in less than 4 hours to myriad archaeological discoveries made during typical work
hours. When notified after hours or weekends, it may take from 12 to 24 hours to locate an available staff member with the appropriate expertise. In emergencies, SWCA works with our clients to expedite the
delivery of scope and cost proposals and find mechanisms for concurrent on-site response whenever
possible.
Emergency Situation
4-12
hours
SWCA's Seattle office has a large staff of experienced cultural resource professionals and project
managers, giving us the flexibility to manage numerous projects simultaneously. Staff with appropriate
experience for xpecific project needs can generally be available for on-site or in-person meet ngx withi
within
24 to 48 hours. Immediate
needs may also be met through SWCA's teleconference and
vidmoconforendngcopmbilitiex.
The following table provides the hourly rate for SWCA's key staif assigned to this project, as well as, the
round trip /RT) labor cost from Seattle to Port Angeles and the total cost labor plus direct costs, for each
individual. The total cost of travel for one person making one round trip would range from $421.75 to
$767.80. A discussion o{ direct costs follows the table.
CITY OF PORT ANGELES, WA - CULTURAL RESOURCES AND ARCHAEOLOGICAL SERVICES l4
Sound Science. Creative Solutions.®
Key Staff
Rote
Hourly Rate
Labor
Labor Travel
Cost (5hrs RT)
Total RT Cost*
(Labor+DC)
Robert Kopperl
Ross Smith
Brandy Rinck
Sharon Boswell
Eileen
Heideman
Johonna Shea
TBD
Project Manager/Principal
Investigatory
Project Archaeologist
Geoarchaeologist
Historian
Architectural Historian
GIS/Graphics Specialist
Archaeological Held Tech
*Based on one person making
$121.18 605.90
79.65
82.35
127.43
82.32
89.59
58.22
398.25
411.75
637.15
411.60
447.95
291.10
a single RT including labor, mileage, and ferry fees.
$736.55
528.90
542.40
767.80
542.25
578.60
421.75
A round trip between Seattle and Port Angeles is calculated at 5 hours per person — 2.5 hours each way --
including ferry ride via Edmonds/Kingston or Seattle/Bainbridge. Mileage is 170 round trip and is
charged at $0.565 per mile.
• Round trip mileage cost $96.05
• Ferry fee (vehicle & driver) $34.60 Calculated for summer schedule
• Ferry fee (passenger) $ 7.85
Direct costs for roundtrip travel between Seattle and Port Angeles are $130.65.
Other Direct Costs:
Copies (black and white) $ 0/page
Copies (color) $ 1.00/page
GPS unit $75.00/day
Lodging
Meal Rate
$95.00 - $122.00 (August and September)/day
$61.00/day
((IL 111,
H11,
SWCA has reviewed the Services Contract, and we accept and are willing to execute said contract.
CITY GE PORT ANGELES, WA CULTURAL RESOURCES AND ARCHAEOLOGICAL SERVICES 1 5
ENVIRONMENTAL CONSULTANTS
CITY OF POR.T ANGELES„ WA .. CULTURAL RESOURCES AND ARC lAEOLOGICA.L SER.VICES 16
Sound Science. Creative Solutions.®
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CITY GE PORT ANGELES, WA - CULTURAL RESOURCES AN[) ARCHAEOLOGCAL SERVICES 17
ENVIRONMENTAL CONSULTANTS
Years of Experience
18
Expertise
Archaeological Field
and Lab Methods
Prehistoric and Historic
Faunal Analysis
Coastal Adaptations
and Subsistence
Native American and
EoroomericonPocific
Northwest History
Education
Ph.D. Anthropology;
University of
Washington (UW);
2003
M.A. Anthropology;
UW; 1998
B.A. Anthropology and
Philosophy; Grand
Valley State University;
1995
Registration/
Certification
Register of Professional
Archaeologists; 2000
Museum Collection
Management and
Interpretation
Certification, UW;
2002
HAZWOPER Supervisor
Training, Argus Pacific;
2008
First Aid, American Red
Cross; 2011
Training
Section 106: An
Introduction, National
Preservation Institute
(NPI); 2004
NEPA Compliance and
Cultural Resources,
NPI; 2007
ROBERT KOPPERL, PH.D., ~PA
Principal Investigator
Experience Summary
R.obert Kopperl is a project manager, principal investigator, and senior
archaeologist for SWCA and has experience working throughout the Pacific
Northwest and Alaska in private sector, academic, government, and
museum contexts.
[)/. Kopperl has managed numerous cultural resources compliance p jacts
involving Section 106 of the National Historic Preservation Act (NHPA),
Washington State Environmental Policy Act (SPA), and the National
Environmental Policy Ac (NEPA). An affiliate curator of archaeology at the
Burke Museum, he is involved in cooperative educational outreach efforts
with the Museum and several Puget Sound—area Native American
communities to examine traditional diet and its role in prevention of adult-
onuet diabetes. Dr. Kopperl has served on the Board of Directors of the
Association for Washington Archaeology since 2007. He has authored or
co-authored three published peer-reviewed journal articles, four edited book
chapters, numerous conference presentations, and over 70 technical reports.
Selected Project Experience
Elwha and Glines Canyon Dam Removal Projects; C|o||orn County,
Washington; National Park Service. In compliance with NHPA Section 106,
the National Park Service contracted with SWCA for archaeological
assessment of two proposed dam removal projects, studies that included
archival research and field investigations. SWCA identified seven new
archaeological sites, relocafed three previously recorded sites, and evaluated
the resources' National Register of Historic Places (NRHP) eligibility. Role:
Principal Investigator. Managed the survey of p access corridors and
staging areas for the dam removal project, totaling an area of 209 acres.
Cle Elum Dam Fish Passage Project; Kittitas County, Washington; U.S.
Bureau of Reclamation. SWCA conducted a cultural resources assessment
of a proposed fish passage through the Cle Elum Dam along the Cle Elum
River on the east slopes of the Cascade Mountains. Project components
included survey of the proposed area Area of Potential Effects and
documentation of numerous historic-period archaeological resources. Role:
Principal Investigator. Directed all aspects of project, maintained client
communication, and coordinated production of technical report.
Columbia to Rocky Ford Creek Transmission Line Project; Grant County,
Washington; Grant County PUD. SWCA completed cultural resources
investigations for a proposed transmission line, including survey,
archaeological testing, and data recovery. The team evaluated four
concentrations of Native American lithic artifacts to assess their eligibility to
the NRHP and conducted data recovery at two of the sites. Role: Principal
Investigator. Directed orchaeo/ogica/ testing; made NRHP eligibility
recommendations; authored a mitigation plan; developed research design;
acquired state excavation permits; authored reports.
ENVIRONMENTAL CONSULTANTS
Years of Experience
11
Expertise
Archaeology
Pre- and post-contact
Native American
fisheries and coasfal
adaptations
Applied
zooarchaeology and
inp6onumy
Section 106
compliance
HABS/HAERon6
National Register
documentation
Education
M.A.,Anthropo|ogy;
Portland State
University; 2008
B./\,/\nthropn|ogy;
Western Washington
State University; 2001
Registration/
Certification
Secretary of the
Interior's Professional
Qualification
Standards for
Archaeology
Registered Professional
Archaeologist
CPR , First Aid,
American Red Cross
40-hour HAZWOPER
Training
Section 106: An
Introduction, Advisory
Council onHistoric
Preservation; 2007
Awards/Honors
Sigma-Xi Science
Research Symposium
Outstanding Poster
Award; 2006
ROSS E. SMITH, M.A., RPA
~
Archaeologist, Archaeological Field Director
Experience Summary
Ross Smith is an SWCA Archaeologist with extensive experience in cultural
resources regulatory compliance in the Pacific Northwest, the Great Basin,
and Alaska. Mr. Smith regularly directs cultural resources investigations for
� �esectnr tribal, federal, and local clients. These sector, , , � survey,
archaeological testing, data recovery, and site evaluation.
Mr. Smith has a thorough understanding of federal and state culfural
resources legislation, including Section 108 of the National Historic
Preservation Act (NHPA), the National Environmental Policy Ac (NEPA), the
State Environmental Policy Ac (SEPA), and Executive Order 05'05 (E[} 05'
05). He is also a recognized expert in faunal remains analysis.
Selected Project Experience
Survey, Testing, and Evaluation for the Elwha and Glines Canyon Dam
Removal Projects; Qo||orn County, Washington; National Park Service. In
compliance with NHPA Section lOb, the National Park Service contracted
with SWCA for archaeological assessment of two proposed dam removal
� cb studies archival research and field investigotionu
projects, investigations.
SWCA identified seven new archaeological sites, relocated three previously
recorded sites, and evaluated the NRHP eligibility of the resources. Role:
Archaeological Field Director. Directed archaeological survey and testing;
� ��e/�cnevvs/ co-authored resources ' report.
Pysht River Estuary Restoration Project; Clailam County, Washington;
Lower Elwha K|o||mnn Tribe. The Lower Elwha K|o||om Tribe, in compliance
with the NHPA, contracted with SWCA for cultural resources assessment of a
proposed estuary restoration project. Fieldwork included pedestrian survey,
subsurface testing, and borehole monitoring. SWCA identified components
of a large historical site and buried tidal channels with potential for pre-
contact fish weirs. Role: Archaeological Field Director. Directed field survey
and testing, co-authored the cu/funo/oesourceshechn/co/napnrt
Port Gamble Bay Cleanup and Restoration; Kitsap County, Washington;
Olympic Property Group. SWCA assisted the Olympic Property Group in
early project planning through preliminary cultural resources assessment of
the project area. These desktop studies drew on existing cultural and
environmental data and information from the Port Gamble S'Klallcim Tribe
to create a cultural resources overview and predictive model for
archaeological sensitivity. Role: Archaeologist. Conducted archival research;
researched the distribution of shellfish and seasonality of anadromous fish;
met with the Port Gamble 3'K/o//am Tribe; co-authored report.
Sedro Woolley Horse Ranch Transmission Line Upgrade, Skagit and
Snohomish Counties, Washington; Puget Sound Energy. SWCA conducted
survey to comply with NHPA for improvements to a 39-mile transmission
line. Eleven archaeological resources were identified. Ro/*:Arc6meo/og/co/
Field Director. Directed archaeological survey; co-authored report.
ENVIRONMENTAL CONSULTANTS
¥ears of Experience
9
Expertise
Geoarchaeology
Geomorphology
Core collection/
analysis
Site formation
3irotigrophy
Litho logic description
Soil classification
Excavation and survey
Natural setting
research
Education
M.A., Geoarchaeology;
Boston University;
2007
B.A., Anthropology;
SUNY College; 2005
Registration/
Certification
Register of Professional
Archaeologists; 2007
HAZWOPER 40 Hour,
Safety |nc.;2OO7
e'RA|LSAFE,BNSF
Railway; 2010
Training
Section 106: An
Introduction, National
Preservation Institute;
2008
CPR and First Aid,
American Red Cros ;
2012
Institutional Controls
Program, Contractor's
License, Panhandle
Health District, Keogg,
Idaho; 2012
BRANDY RINCK, �� �� ���
u°m^��.~=~ " "�"n�~�"`v M.A., RPA
Geoarchaeologist
Experience Summary
Brondy Rinck is a geoarchaeologist who applies her knowledge of glaciol
geomorphology, stratigraphic analysis, and soil characterization to projects
throughout the Pacific Northwest. She directs the planning, permitting, and
field operations for excavation projects and geoarchaeological
investigations, in support of government, agency, and private undertakings.
Ms. Rinck regularly performs borehole monitoring and analysis and has
produced graphics, results, and recommendations according to the National
Historic Preservation Act (NHPA) Section 106, the National Environmental
Policy Ac (NEPA), the State Environmental Policy Act (SEPA), and other state
and federal regulations. Her expertise allows her to combine existing
geotechnical data with geoarchaeological inforrnation to determine the
potential for cultural materials in a project area.
Selected Project Experience
Nippon Paper Biomass Cogeneration Facility Proiect; Port Angeles,
Washington; Nippon Paper. SWCA completed geoprobe and test pit
investigations at the Nippon Paper Mill for facility improvements. SWCA
facilitated consultation with Nippon, the City of Port Angeles, and the Lower
Elwha NoUom Tribe through development of a MOA, which included an
Archaeological Resources Monitoring Plan due to the potential for buried
archaeological resources. Role: Geoonc6000/og/xt Directed field work,
supervised monitoring, prepared .Section 7D6 and 3EPA compliance reports,
assisted in development of MOA; pmporodARMP.
SR532 Davis Slough Replacement Prolect; Island and Snohomish
Counties, Washington; Washington Department ofTransportation
(WSDOT). SWCA completed a cultural resource assessment of the area of
potential effects (APE) and revisited four previously recorded archaeological
sites within the APE, all historic resources. Role: Geoarchaeologist.
Completed auger probe and pedestrian surveys; updated archaeological site
forms; combined the lithologic and stratigraphic information from the probes
to complete a strotig/op6/c analysis that resulted in a detailed cross-section
of project � t� 6 /6enfi�odzones of increased pohen�o/for
o the o/eos ro /Orop y/
buried cultural resources; developed recommendations for construction
monitoring due fo the sensitive natural and cultural setting.
Elliott Bay Seawall Replacement; King County, Washington; Tetra Tech.
SWCA completed a complex assessment for the Seattle Department of
Transportation's Seawall Replacement project that included
geoarchaeological investigations, underwater archaeological survey, and
evaluation of the built environment, culminating in a discipline report for
NEPA and Section 106 compliance. The federal lead agency was the U.S.
Army Corps of Engineers (USACE) — Seattle District. Role: E)ouonc6000/nA/st
[)inectodQ000rc6000/og/co/plonn/nO, permitting, and field operations;
completed complex study plan to guide field assessment; coordinated traffic
control; developed subsurface stratigraphy models; identified high-potential
areas for buried historic properties; co-authored discipline report.
ENVIRONMENTAL CONSULTANTS
Yecirs of Experience
32
Expertise
History, ethnohistory
Archival research
Oral history
Public exhibits,
programs, and
pu6|icoiionu
Editing
Education
Doctoral Candidate,
History and
Bhnohidnry,Univomi+y,
of Washington
M.A., History,
University ofCalifornia,
Santa Barbara; 1974
B.A., cum laude,
Woodrow Wilson
School of Public Aff i,s,
Princeton University;
1972
Registration/
Certification
Secretary of the
Interior's Professional
Qualification
Standards for History
Training
Identification and
Evaluation ofMiJ'20H`
Century Buildings,
National Preservation
Institute; 2004
/4°on6s/Honoo
Achievement Award:
Association of King
County Historical
Organizations
Certificate of
Commendation:
American Association
of State and Local
History
SHARON BOSWELL, M.A. ,.n��.~��.� u°��w°°"~��v """�~
Senior Historian
Experience Summary
Sharon Boswell has extensive professional experience in history,
ethnohistory, oral history and cultural resource management. She is currently
a senior historian at SWCA with primary responsibility Tor historical context
development, building documentation and regulatory compliance for
federal, state and local government clients. She also works with agencies
and municipalities to provide archival research and a range of historical
services including oral history, publications, exhibits, signage and other
public education and outreach programs.
Ms. Boswell has broad expertise in the identification and evaluation of
buildings, structures and linear resources and has directed or contributed to
many National Register of Historic Places (NRHP) and Historic American
Buildings Survey/Historic American Engineering Record (HABS/HAER)
projects. ro�ec� She has been involved in the preparation of numerous
Environmental Impact Statements (EIS) and has provided assistance to clients
on Section 106 compliance. She has also worked with a number of tribes
and agencies on documentation of Native American history and freaty
relationships as well as on research pertaining to legal issues. Ms. Boswell
taught history at the college level for more than a decode and meets the
Secretary of lnterior Standards and Guidelines for Professional Qualifications
in History under 36CFR61. She has published books on Seattle and
Northwest history and conducted oral history interviews on cultural,
environmental and political topics with narrators throughout the Northwest.
Selected Project Experience
Port Gamble SEIS, Kitsap County, Washington; Olympic Property Group.
SWCA performed archaeological testing and developed coritext and
discipline for historic and prehistoric archaeological sites within boundaries
of NRHP district. Role: Historian. Prepared historic context for potential sites,
which include historic cabins, Chinese laundry and early agricultural sites.
Baker River Hydroelectric Prolect FERC Relicensing; Skagit County,
Washington; Puget Sound Energy. SWCA conducted cultural resource
investigations for the Baker River Hydroelectric Project as part of a re-
licensing application for the Federal Energy Regulatory Commission (FERC).
Role: Historian. Prepared cultural context report, researched local rail
transport and mineral deve/opment and historic homesteads in the Baker and
Skagit River valleys as part of archaeological site identification surveys.
Heritage Resources Investigations at the Mukilteo Multimodal Ferry
Terminal Project Site; Mukilteo, Washington; Washington State Ferries.
SWCA was retained to identify and evaluate archeological resources for the
proposed relocation of the Mukilteo Ferry Terminal. Role: Historian;
Interviewer. Conducted extensive research on the 1855 Point Elliott Treaty,
including oral history interviews with Tula lip, Suquamish, and Stillaguamish
elders to add tribal perspective to treaty history; developed contexts for
Mukilteo's commercial center and Japanese community near lumber mill.
ENVIRONMENTAL CONSULTANTS
Years of Experience
11
Expertise
Buildings and
Structures Surveys
HABS/HAER/HALS and
state-level
documentation
National Register of
Historic Places
eligibility evaluations
and nominations
Section 106 and SEPA
compliance
Cultural Landscape
Surveys
Education
M.S,Historic
Preservation; University
of Vermont; 2005
B.A., History and
Anthropology;
University ofIowa;
2001
Training
The Recent Past: A
Review of Mid-20th
Century Resources,
National Preservation
Institute (NP|);2Ol2
Landscape
Preservation: An
Introduction, NPI; 2011
Section 106: An
Introduction, NPI; 2007
Registration/
Certification
OSHA 40 Hour
H/QWDPER:Sofety,
Inc.; 2012'presen+
CPR and First Aid,
American Red Cros ,
2012
EILEEN HEIDEMAN, M.S. .n�".~.n~ ""°~n�~"~"""��"�v ","~~
Architectural Historian
Experience Summary
Eileen Heideman is an architectural historian and project manager whose
work includes recordation and documentation of residential, commercial
and public buildings, structures such as bridges, dams, irrigation features,
flood control structures, railroads and affiliated features, and public
monuments. Her expertise includes architectural conditions assessments and
Historic Structures Reports, photography and cultural landscape surveys.
Ms. Heideman has conducted work throughout the Pacific Northwest. She
specializes in Section 106 of the National Historic Preservation Act (NHPA)
and Washington's State Environmental Policy Ac (SEPA), with an emphasis
on the documentation and evaluation of the bulit environment, including
National Register of Historic Places (NRHP) nominations, Historic American
Buildings Survey / Historic American Engineering Record (HAER)/
Historic American Landscapes Survey (HALS) documentation.
Selected Project Experience
Valley Creek Bridge and Tumwater Creek Bridge Level || Mitigation
Documentation; Port Angeles, Washington. SWCA completed
photographic and written documentation of two 1936 timber trestle bridges
owned by the City of Port Angeles as mitigation for ihe replacement of these
bridges. Role: Architectural Historian. Conducted field work to record
bridges, conducted archival research, co-authored mitigation report.
Slip Point Light Station Property Transfer; [|o||unn County, Washington;
United States Coast Guard and the Engineering/Remediation Resources
Group. SWCA surveyed, documented, and evaluated archaeological and
historical resources of the Light Station in preparation for a proposed
transfer of the Station to CluUom County. Role: Architectural Historian.
Conducted field survey of Light Station buildings, contributed to final report.
Georgetown Steam Plant Flume and Pump House HAER Documentation
and Conditions Assessment; Seattle, Washington; Seattle City Lighf. As a
third party contractor, SWCA added the Georgetown Steam Plant water
infake pump house and wastewater discharge flume to existing HAER
documentation and prepared an architectural conditions assessment. Role:
Architectural Historian. Coordinated field work and preporation of HAER
documentation report; conducted architectural conditions ossessment;
coordinated with subconsu!tants for engineering conditions assessment.
U.S. Forest Service Administrative Buildings, Malheur National Forest;
Grant and Harney Counties, Oregon; Malheur National Forest. SWCA
recorded and evaluated 85 buildings in 25 historical administrative
complexes that included ranger/guard stations, fire Iookouts and recreation
sites. SWCA personnel completed Oregon Historic Site Forms for the
recorded properties and developed twa NRHP Multiple Property
Documentation Forms for Forest Service Administrative Sites and Fire
Lookouts. Role: Architectural Historian. Completed field survey, inventory
forms, and report materials as part of two-person SWCIA team.
ENVIRONMENTA CONSULTANTS
Years of Experience
22
Expertise
ESRI Applications,
including Spatial
Analyst
Ardnfn 10
Georeferencing historic
maps and aerial
photographs including
map regression.
Aerial photography
interpretation and
analysis
GIS as a tool for
Cultural Resources
Management
Spatial database
development
Graphic Design
GIS-based
archaeological
sensitiviiy model
development
Education
B.A. Anthropology;
Univemi+yof
Washington; 1997
Training
Arc View 8.x and 9.x,
ESRI; 2000-2012
Ar |nfo 10, including
Spatial Analys
Extension, ESRI;
ongoing.
Non-Destructive
Investigation
Techniques for Cultural
Resource Management,
Nationol Park Service;
1997, 2002
Geo Explorer Training;
Trimble; 2005
JOHONNASHEA, B.A. ��n.��x�.���=...".v�� ~~_"
GUS Specialist
Experience Summary
Johonna Shea is a geographic information system (GIS) Specialist serving
cultural resource projects. Ms. Shea's responsibilities include supervision of
graphics technicians and specialists, GIS project workload and workflow,
spafial database development and mainfenance, incorporating data from
multiple sources and types, [)|3 analysis and interpretation, and
cartographic production.
Ms. Shea has contributed to hundreds of cultural resource investigations and
overviews in Washington and Idaho, developing site sensitivity models for
large and small scale projects and digitizing historic maps and photographs
into GIS framework. She provides GIS and Global Positioning System
/{}P5\ support for the cultural resources staff using Trimble Pathfinder and
database-driven form software to build and maintain custom forms for
specific field efforts. Ms. Shea designs and manages projects with modeling
components using current tools and techniques within ArcGIS Geoprocessing
framework. She also has a strong background in cartography and graphic
design.
Selected Project Experience
King County Sensitivity Model for Pre-Contact Cultural Resources; King
County, Washington; King County. SWCA recently completed and
submitted a draft contex statement for Native American archaeological
resources in King County and a GIS—based archaeological sensitivity model
based on environmental and cultural variables. The context statement
provides comprehensive background information, historical reviews of King
County archaeological investigations and broader culture-historical
sequences, an explanatory model of pre-contact human setilement and
subsistence, and is a companion document to the GIS-based archaeological
site sensitivity model for King County. Role: GIS Specialist. Developed all GCS
data and final model.
Elliott Bay Seawall Project; Seattle, Washington; City of Seatfle
Department of Transportation. The Elliott Bay Seawall Project highlights
SWCA's management of a multi-phase, multi-year projec and demonstrates
our comrnitment to a timely and cost-effective cultural resources practice.
Our Seattle staff completed many tasks associated with the cultural and
archaeological aspects of this waterfront project, including design and
execution of a geoarchaeological drilling program and underwater
archaeological survey, authoring of a historic resources discipline report,
and contributing to the Environmental Impact Statement (EIS) document.
SWCA also co-authored a tribal coordination plan for the Seattle
Department of Transportation (SDOT) and the U.S. Army Corps of Engineers
/U3ACE). Role: Graphic Design, GIS Specialist. (�oorech�ed hundreds of
�/sforicmaps of the Seaffle Waterfront in order to help delineate potentially
onc6oeo/og/co//yxens/tiveoroosondoeseorc6oJondidentified historic
photographs and maps to help develop a pictorial block-by-block history of
the waterfront.