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HomeMy WebLinkAbout000494 Original Contract City of Port Angeles Record #000494 r oer City of Port Angeles Professional Services PSA 2012 -07 A„1 Engineering Contracts Division Agreement: 321 E Fifth Street Port Angeles WA 98362 111111111111 Tel: 360-417-4541 I"" __---'r Fax: 360-417-4709 CSO Phase 1 Cultural Monitoring Services THIS AGREEMENT (Agreement) is made and entered into this 17 day of August, 2012, by and between the CITY OF PORT ANGELES (CITY), a non charter code city of the State of Washington, (hereinafter called the "CITY and the Lower Elwha Klallam Tribe, a federally recognized Indian tribe (hereinafter called the "CONSULTANT CITY and CONSULTANT may hereinafter be referred to as "Parties." WHEREAS, the CITY requires cultural monitoring services for Combined Sewer Overflow (CSO) Phase 1 construction project per the City's Memorandum of Agreement with US Environment Protection Agency, the Washington Department of Ecology, the Lower Elwha Klallam Tribe, the Washington State Department of Archaeology and Historic Preservations and WHEREAS, the Memorandum of Agreement requires the City to coordinate with the Consultant for cultural monitoring; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF WORK General Scope. The Consultant shall provide cultural monitoring services for the CSO Phase 1 project. Services to be provided are detailed in the December 2011 Memorandum of Agreement (MOA) and Archaeological Work Plan (AWP), attached herein as Exhibit A and are made part of this Agreement. The Consultant's Cultural Monitors shall report to the City Archaeologist for assignment to active ground disturbance areas at the times they have been requested. The Consultant's qualified professional archaeologist may also be employed under this contract to perform archaeological monitoring as defined in the Archaeological Work Plan under the supervision of the City Archaeologist/Principal Investigator. The Consultant is required to keep records of personnel and hours worked, and document daily activities; however Cultural Monitors will not be required to produce any regular documentation of archaeological resources for the City. The Consultant's Archaeologist may be requested to produce field notes, photographs, and records of daily activities per archaeological monitoring requirements; however report production, designs or plans are not a part of this scope of work. Either party may request changes in the scope of work. 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. PSA 2012 -07 1 8/16/2012 The Consultant should be prepared to provide up to five Cultural Monitors with appropriate notice. Two Cultural Monitors should be available with 24 hours advance notice. Up to five Cultural Monitors should be available with five business days advanced notice by the City. Consultant personnel /Cultural Monitors should be available to work up to 10 hours per day between the hours of 7 am and 6 pm Monday through Saturday for the project duration, although not necessarily continuously. With advance notification, there may also be infrequent occurrences when the Consultant should be available to provide Cultural Monitors for work outside of the stated hours to accommodate certain activities. The services shall be available to commence on the effective date of the Agreement. The Consultant's Cultural Monitors will not be paid for hours they are not present at the work -site. If the City gives appropriate advance notice of a ground disturbance and requests cultural monitors from the Consultant then project ground disturbing work under supervision of a City archaeological monitor will occur, even if the Consultant's Cultural Monitors have not responded. II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, photographic negatives, digital photos, drawings, survey data, field notations, electronic data and modeling, or other presentations of the work shall 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. Consultant shall have access to all materials identified in this section as needed to document or otherwise interpret, promote, or protect its cultural patrimony. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. IV TIME OF PERFORMANCE The Consultant shall not begin any work under the terms of this Agreement until authorized in writing by the City. The City intends to complete all work described under this Agreement by December 31, 2013. V MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the Consultant's total compensation and reimbursement under this Agreement for cultural monitoring services shall not exceed the maximum sum of $100,000.00. VI PAYMENT The Consultant shall be paid monthly by the City for the services rendered under this Agreement. Such payment shall be full compensation for all work performed or services rendered, and for all labor, necessary to complete the work specified in Section 1, Scope of Work. Payment shall be on the basis of the Consultant's cost for actual labor at the agreed hourly rates set forth in Exhibit B. Hourly rates shall be inclusive of all costs including transportation, overhead, profit, and incidental costs. Notwithstanding anything to the contrary, the hourly rates set forth in Exhibit B are valid for the term of this Agreement unless changed by written amendment. PSA 2012 -07 2 8/16/2012 Every month the Consultant shall invoice the City for work performed during the immediately previous month. Invoices shall detail the work, hours, employee name, and hourly rate. The invoice shall also show the total to be paid for the invoice period, the aggregate amounts of payments received to date and the balance of maximum compensation for remaining work in the Agreement. To provide a means of verifying the invoiced salary costs for the Consultant's employees, the City may conduct employee interviews. These interviews may consist of recording the names, titles, salary rate, and present duties of those employees performing work on the Project at the time of the interview. The Consultant and his /her sub consultants shall keep available for inspection by representatives of the City, the State and the United States for a period of three years after final payment the cost records and accounts pertaining to this Agreement and all items relating to or bearing upon these records with the following exception: if any litigation, claim, or audit arising out of, in connection with, or relating to this contract is initiated before the expiration of the three -year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Agreement 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 within the Scope of Work. 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. VIII EMPLOYMENT Employees of the Consultant, while engaged in the performance of any work or services under this Agreement, 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 Agreement, the Consultant shall not employ or contract with any City employee without the City's written consent. IX SUBCONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the written consent of the City. X CHANGES IN WORK The Consultant shall make such changes and revisions in the completed work of this Agreement as necessary to correct or revise any errors, omissions, or other deficiencies for products which the Consultant is responsible for preparing or furnishing under this Agreement, when required to do so by the City, without additional compensation thereof. PSA 2012 -07 3 8/16/2012 XI FORCE MAJEURE A. Definition. For the purposes of this Agreement, "Force Majeure" means an event which is beyond the reasonable control of a Party including, but not limited to (1) strikes, lockouts, work slowdowns or stoppages, or accidents, (2) acts of God, 3) and delay caused by an act or omission of the other Party, and which makes a Party's performance of its obligations under the Agreement impossible or so impractical as to be considered impossible under the circumstances. B. No Breach of the Agreement. The failure of a Party to fulfill any of its obligations under the Agreement not be considered to be a breach of, or default under, this Agreement insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Agreement, and has informed the other Party as soon as possible about the occurrence of such an event. C. Extension of Time. Any period within which a Party shall, pursuant to this Agreement, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. D. Payments. During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultant shall be entitled to continue to be paid under the terms of this Agreement, notwithstanding that any costs caused by an act or omission of the other Party will be borne by the Party incurring the same. XII INDEMNIFICATION /HOLD HARMLESS AND INSURANCE Indemnification Hold Harmless Consultant shall defend, indemnify and hold the City, its officers, officials, employees and authorized volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or resulting from the negligent or wrongful acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the negligence of the City. 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 and the City, its officers, officials, employees, and volunteers, 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 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 expiration or termination of this Agreement. 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. Insurance requirements are set forth in Exhibit C. 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. PSA 2012 -07 4 8/16/2012 XIII WARRANTY The professional services will be furnished in accordance with the care and skill ordinarily used by members of the same profession practicing under similar conditions at the same time and in the same locality. XIV DISPUTE RESOLUTION The City and the Consultant agree to negotiate in good faith for a period of thirty (30) days from the date of notice of all disputes between them prior to exercising their rights under this Agreement, or under law. All disputes between the City and the Consultant not resolved by negotiation between the parties may be arbitrated only by mutual agreement of the City and the Consultant. If not mutually agreed to resolve the claim by arbitration; the claim will resolved by legal action. Arbitration of all claims will be in accordance with the Arbitration Rules of the American Arbitration Association. XV VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION In the event that either party files a lawsuit regarding interpretation or compliance with any provision of this Agreement, Consultant (Lower Elwha Klallam Tribe) waives its sovereign immunity and consents to the jurisdiction of the Courts of the State of Washington and further agrees that venue shall be in Clallam County Superior Court; provided that such waiver is limited to actions brought by the City for equitable relief, for damages arising due to the conduct of Consultant, or for fees due and owing the City. XVI ATTORNEY'S FEES Attorney's fees which are reasonable and costs, including those on appeal, if appeal is taken, shall be allowed to the prevailing party by any court hearing a dispute under this Agreement. XVII STATE INTEREST EXCLUSION It is anticipated that the CSO project will be funded in part by the Washington State Department of Ecology. Neither the State Of Washington nor any of its departments or employees are, or shall be, a party to this contract or any subcontract. XVIII 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 A December 2011 Memorandum of Agreement (MOA) and Archaeological Work Plan (AWP) Exhibit B Hourly Wage Rates Exhibit C Insurance PSA 2012 -07 5 8/16/2012 This Agreement represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. IN WITNESS WHEREOF: The Parties hereto have executed this Agreement by having their authorized representatives affix their signatures below. CONSULTANT CITY LOWER ELWHA KLALLAM TRIBE CITY OF PORT ANGELES BY: Gs .cm u.o J A_/ BY: CITY MANAGER TITLE: NThq.A Q DC \t') SIGNATURE DATE: xm SIGNATURE DATE: 81 a.O l 3 O I APPROVED AS TO FORM: APPROVED .S TO FORM: BY: t I i I BY: /.L 1 E' L CO SE CITY ATTORNEY ATTEST: BY: ,s A .1 II C f ERK PSA 2012 -07 6 8/16/2012 MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10, THE WASHINGTON DEPARTMENT OF ECOLOGY, THE CITY OF PORT ANGELES, THE LOWER ELWHA KLALLAM TRIBE, THE WASHINGTON STATE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION, REGARDING THE COMBINED SEWER OVERFLOW PROJECT PHASE 1, PORT ANGELES, WASHINGTON WHEREAS, the United States Environmental Protection Agency Region 10 (EPA) awards capitalization grants to the Washington State Department of Ecology (Ecology) for the Clean Water State Revolving Fund (CWSRF) Program under Title VI of the Clean Water Act, as amended; and WHEREAS, EPA has determined that projects offered Federal assistance through the Washington CWSRF are undertakings subject to review under Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.0 470f, (Section 106) and its implementing regulations at 36 Code of Federal Regulations (C.F.R.) Part 800; and WHEREAS, in order to meet more efficiently and effectively EPA's responsibilities under Section 106, a nation -wide Programmatic Agreement (PA) was executed on March 28, 1990, among the Advisory Council on Historic Preservation (ACHP), the EPA, and the National Conference of State Historic Preservation Officers concerning compliance with the National Historic Preservation Act under EPA's State Water Pollution Control Revolving Fund Program pursuant to 36 C.F.R. 800.13; and WHEREAS, the PA stipulates that the EPA shall require that the State SRF Agency, which in this case is Ecology, to carry out the requirements of 36 CFR 800.4 through 800.6, with reference to 36 CFR 800.1, 800.2, 800.3, 800.8, 800.9, 800.10, 800.11, 800.12 and 800.14 for all actions that receive EPA Federal assistance; and WHEREAS, the Washington Department of Ecology (Ecology) administers the Washington State CWSRF Program and expects to offer the City of Port Angeles financial assistance under this program; and WHEREAS, the City of Port Angeles "the City") proposes to construct Phase 1 of a combined sewer overflow (CSO) project (the Undertaking) with CWSRF funding in Port Angeles, Clallam County, Washington; and WHEREAS, Ecology has invited the City to participate in this consultation and the City has elected to participate; and 1 WHEREAS, the Lower Elwha Klallam Tribe, the Jamestown S'Klallam Tribe, the Port Gamble S'Klallam Tribe and the Skokomish Indian Tribe are federally recognized Indian tribes and signatories to the 1855 Treaty of Point No Point with the United States; and WHEREAS, in the Treaty the above mentioned Tribes ceded aboriginal territory that includes Port Angeles Harbor and waterfront, and reserved fishing rights in their usual and accustomed areas, which the Lower Elwha Klallam Tribe has regularly exercised in the Harbor and along the waterfront; and WHEREAS, the Lower Elwha Klallam Tribe's Reservation is located just west of Port Angeles at the mouth of the Elwha River, the Tribe has regularly exercised its treaty fishing rights in Port Angeles Harbor, and the Tribe's membership includes Klallam Indians born on Ediz Hook and/or descended from the tribal villages located on Port Angeles Harbor, including the village of Y'innis along Ennis Creek that overlaps the Area of Potential Effects "APE for this undertaking, illustrated in Attachment A hereto; and WHEREAS, consistent with the PA, Ecology has contacted potentially interested tribes consisting of the Lower Elwha Klallam Tribe, Jamestown S'Klallam Tribe, Port Gamble S'Klallam Tribe, Skokomish Indian Tribe, Makah Tribe, Puyallup Tribe of Indians, Confederated Tribes and Bands of the Yakama Nation and has consulted with the City, the Department of Archaeology and Historic Preservation (DAHP), and interested tribes regarding NHPA Section 106 requirements; and WHEREAS, Ecology requested EPA participation as part of the NHPA Section 106 process to address any discoveries of cultural resources during the Undertaking; and WHEREAS, the EPA initiated consultation under NHPA Section 106 with Jamestown S'Klallam Tribe, Lowcr Elwha Klallam Tribe, Port Gamble S'Klallam Tribe, Skokomish Indian Tribe, Makah Tribe, Puyallup Tribe of Indians, and Confederated Tribes and Bands of the Yakama Nation; and WHEREAS, the EPA received responses from three Tribes, in which the Lower Elwha Klallam Tribe stated its intention to participate, the Port Gamble S'Klallam Tribe deferred to the Lower Elwha Klallam Tribe for comments and participation for now and reserved their right to engage at a later date if significant cultural resources are inadvertently discovered, stating that the project is within its usual and accustomed fishing area; and the Skokomish Indian Tribe declined to participate; and WHEREAS, Ecology, in consultation with the City, DAHP, and interested tribes, has determined that the Undertaking has the potential to cause adverse effects on historic properties and EPA concurs; and 2 WHEREAS, Ecology, in consultation with the City, DAHP, and interested tribes, has determined that the APE for this Undertaking is briefly defined as: a 30 foot wide corridor centered on the CSO Project centerline extending east from Front and Oak Streets along Railroad Avenue and following the Olympic Discovery Trail to Ennis Creek., after the creek crossing the APE turns to the south and expands to a 60 foot wide corridor to and out of the existing wastewater treatment plant (WWTP), to and out of an existing 4.9 million gallon tank, and ultimately connecting to the existing Rayonier industrial outfall (see Attachment A); and WHEREAS, Ecology, in consultation with the City, DAHP, and interested tribes concurs that "historic properties," as defined by 36 C.F.R. 800.16 (1)(1) and properties potentially eligible for inclusion in the National Register of Historic Places (NRHP), may be discovered within the APE; and WHEREAS, Ecology has considered the applicable requirements of Washington's Indian Graves and Records Act, Revised Code of Washington (RCW) Ch. 27.44, and Archaeological Resource and Sites Act, RCW Ch. 27.53, and acknowledges, with the concurrence of the other parties, that there is potential for the Undertaking to encounter human remains, associated or unassociated funerary objects or sacred objects, or objects of cultural patrimony within the purview of Washington's Indian Graves and Records Act; and WHEREAS, the City and the Lower Elwha Klallam Tribe previously entered into a cultural resources MOA for the Undertaking (hereinafter referred to as "Port Angeles/Lower Elwha Klallam Tribe MOA of January 7, 2010 and WHEREAS, the City of Port Angeles completed pre construction archaeological sampling in the area of the Undertaking where the city believes there is the highest probability for finding cultural resources, and no eligible historic properties were observed during sampling; and WHEREAS, the tribal village and archaeological sites (Site Numbers 45CA468 and 45CA523) on Port Angeles Harbor, including portions of the APE for this Undertaking, are of profound religious and cultural significance to the Lower Elwha Klallam Tribe and possibly other Tribes; and WHEREAS, the Parties to this Agreement include the following: the Washington State Department of Ecology, the City of Port Angeles, the Lower Elwha Klallam Tribe, the Washington Department of Archaeology and Historic Preservation, and the EPA. NOW THEREFORE, in order to satisfy the EPA's NHPA Section 106 responsibilities to take into account the effects of the Undertaking on historic properties, the Signatories identified above agree that the Undertaking shall be implemented in accordance with the following stipulations: 3 STIPULATIONS: The EPA, in cooperation with Ecology and the City, shall ensure that the following stipulations are met in the event that the EPA authorizes Ecology's intended use of the CWSRF Federal funding for the Undertaking: I. TERMINATION OF PORT ANGELES/LOWER ELWHA KLALLAM TRIBE MOA. The City of Port Angeles and Lower Elwha Klallam Tribe agree that the Port Angeles/Lower Elwha Klallam MOA of January 7, 2010, shall be superseded and replaced when the present MOA becomes effective, and this MOA shall control compliance with the NHPA for the Undertaking. II. AUTHORIZATION TO PROCEED WITH UNDERTAKING. Execution of this MOA constitutes authorization to the City to proceed with the Undertaking and implement the Archaeological Work Plan (AWP). This authorization is solely for purposes of compliance with the NHPA and does not constitute any authorization for approvals that may be required under other state and federal statutes. III. ARCHAEOLOGICAL WORK PLAN. A. The Parties approve, adopt and ratify the attached AWP (Attachment B). Its terms and provisions shall govern and control the process, procedures, and methods for conducting ground disturbances associated with the Undertaking and for handling cultural resources and any human remains discovered in the APE. B. If the City determines that material changes have been made to the construction plans and that, because of these changes, the AWP may need to be modified, the City shall develop the necessary modifications to the AWP, and submit these proposed modifications to Ecology, who will notify the Parties and the interested parties. The Parties shall have ten working days to review the revised AWP and respond to Ecology and the City with questions and concerns. Ecology shall have ten working days to review and approve the revised AWP, unless a longer period (not more than 30 days) is agreed to by all the signatories. Ecology shall notify the Parties of its approval and shall enclose the approved revised AWP. The revised AWP will replace the AWP currently included as Attachment B to this MOA, and shall be subject to all of the stipulations contained herein. C. If the City determines that the changes to the construction plans do not necessitate modifications to the AWP, the City shall notify Ecology. Ecology in turn shall notify the Parties in writing that review under this Stipulation has been completed. IV. MONITORING AND REPORTING A. The City shall notify Ecology ten days prior to the date when the project construction starts. Ecology in turn shall notify the Parties. In addition, Ecology may notify other persons and entities who have requested such notification, and shall inform the Parties of 4 any such persons or entities who have requested and received such notification from Ecology. Notifications under this paragraph may occur by email. B. The City shall provide monthly interim reports to Ecology. Ecology will in turn provide the interim reports to the Parties. If other persons or entities request copies of any interim report, Ecology shall notify the Parties of such request and afford a reasonable opportunity for any Party to object to the release of such report based on the application of specific exemptions from release found in the Public Records Act (RCW 42.56) or other state or federal law. If a Party objects to the release of such report where no exemption applies, the Party may seek an injunction preventing release as provided by RCW 42.56.540. Reports and notifications under this paragraph may be provided by email. C. By January 31 of each year until the Signatories determine in writing that the project is complete or the MOA is terminated, the City shall prepare and provide an annual report to Ecology addressing the following topics: 1. Progress in constructing the CSO Project; 2. Progress on archaeological measures; 3. Any problems or unexpected issues encountered during the year; and 4. Any changes that the City believes should be made in implementation of this agreement. Ecology will provide the annual report to the Parties. The Parties shall review the annual report and provide comments to Ecology, who shall provide them to the City. D. Following completion of the Undertaking as defined in Stipulation V below, or Termination as defined in Stipulation VIII below, the City shall provide to Ecology, who will distribute to all Parties, a final summary report detailing work undertaken pursuant to its terms, including pursuant to the AWP. V. DURATION OF AGREEMENT This Agreement will continue in full force and effect until the Signatories accept a final summary report for the project or the MOA is terminated in accordance with Stipulation VIII. At any time in the three -month period prior to such occurrence, any Party to this MOA may request the Signatories to consider an extension or modification of this MOA. No extension or modification will be effective unless all Signatories have agreed with it in writing. VI. DISPUTE RESOLUTION Any Signatory may request that the EPA assist the Parties in resolving any dispute related to this MOA. In the event that a Signatory makes such a request, the EPA will assist the Parties in resolving the dispute through a process of informal negotiations. If informal negotiations do not successfully result in resolution of the dispute within thirty (30) days of the date the request was made to the EPA, the EPA shall take the following steps. 5 A. The EPA shall forward all documentation relevant to the dispute, including the EPA's proposed resolution, to the ACHP. The ACHP will have the opportunity to provide the EPA with its comments on the resolution of the dispute within 30 days of receiving adequate documentation. The EPA shall make a decision on the dispute within ten working days after receiving comments from ACHP. B. The EPA's final decision on the dispute will be in writing and will include a written response that takes into account any timely comments regarding the dispute from the ACHP and the signatories, and the EPA shall provide a copy of this written response to all signatories and the ACHP. C. The EPA will then proceed according to its final decision. D. Should the ACHP not provide its comments regarding the dispute within the 30 -day period, the EPA may make a final decision on the dispute and proceed accordingly. The EPA's final decision on the dispute will be in writing and include a written response that takes into account any timely comments regarding the dispute from the Signatories, and the EPA shall provide a copy of such written response to all Signatories and the ACHP. E. At any time during implementation of the stipulations contained in this Agreement, should an objection pertaining to this MOA be raised by a member of the public, the EPA shall notify the Parties and take the objection into account, consulting with any of the Parties to resolve the objection, if the EPA decides that such consultation is appropriate. F. During the pendency of any dispute, the responsibilities of each signatory to carry out all other actions pursuant to the terms of this MOA that are not the subject of the dispute shall remain unchanged. VII. AMENDMENTS A. Any Signatory may request that the MOA be amended, whereupon the Signatories will consult in accordance with 36 C.F.R. 800.6(c)(7) to consider such amendment. B. This MOA may be amended when such an amendment is agreed to in writing by all Signatories. The amendment will be effective on the date a copy signed by all Signatories. EPA will file the amended MOA with the ACHP, with copies to all Signatories. VIII. TERMINATION A. If any Signatory believes or concludes that the terms of this MOA will not or cannot be carried out, the Parties shall pursue the Dispute Resolution process set out in the Section VI above with respect to the claim that the terms of the MOA will not or cannot be carried out, or that Signatory shall promptly consult with the other Signatories to attempt to develop an amendment per Stipulation VII above. If within 30 days the Signatories cannot reach agreement on an amendment, any Signatory may terminate the MOA upon 30 days' written notification to the other Signatories. If at the conclusion of 6 the Dispute Resolution process a Signatory determines that the terms of the MOA will not or cannot be carried out, the MOA shall be terminated. B. Termination shall include the submission of a technical report and/or other documentation by the City to the Parties on work done up to and including the date of termination, as set forth in Stipulation IV Section D and the AWP. C. Once the MOA is terminated, the EPA must either (a) execute an MOA pursuant to 36 C.F.R. 800.6; or (b) request, take into account, and respond to the comments of the ACHP under 36 C.F.R. 800.7(c)( 4). The EPA shall notify the Parties as to the course of action it will pursue. Prior to EPA's decision or after, the City may request and EPA may authorize the City to proceed with the Undertaking if the City can demonstrate compliance with 36 CFR §800.4. IX. EXPIRATION. If the City has not commenced the Undertaking by January 31, 2017, this Agreement shall be considered null and void. In such event the City shall so notify the Parties and if it chooses to continue with the Undertaking, shall re- initiate review of the Undertaking. X. ANTI DEFICIENCY ACT This MOA is neither a fiscal nor a funds obligation document of the EPA. Any funding to be provided by the EPA will be done pursuant to a separate funding agreement. XI. SCOPE OF AGREEMENT A. This MOA is limited to the instant Undertaking and is entered into solely for that purpose. B. This MOA is neither intended nor shall be construed to diminish or affect in any way the right of the Lower Elwha Klallam Tribe to take any [awful action to protect Native American graves from disturbance or desecration, to protect archaeological sites from damage, or to protect the Lower Elwha Klallam Tribe's rights under cemetery and Native American graves protection laws or other applicable laws. C. This MOA in no way restricts any Party from participating in any activity with other public or private agencies, organizations, or individuals, except as provided for in the AWP. This MOA will be subject to, and will be carried out in compliance with, all applicable laws, regulations, and other legal requirements. D. This MOA does not create any right or benefit, substantive or procedural, enforceable by law or equity, by or against persons or entities who are not a party to this MOA, against the DAHP, Ecology, the City, Lower Elwha Klallam Tribe, or the EPA, or their officers, agents, or employees. This MOA does not waive the sovereign immunity of any Party. 7 E. If, following execution of this MOA, Ecology decides not to offer financial assistance from the CWSRF to Port Angeles for the Undertaking that is the subject of this MOA, this MOA will automatically become null and void. F. This Agreement shall not be interpreted as limiting, superseding, or otherwise affecting the EPA's normal operations or decisions in carrying out its statutory or regulatory duties. XII. PRINCIPAL CONTACTS The principal contacts for this MOA are as follows: Port Angeles (City of): Signatory: C.heite,. v...al Mayor City of Port Angeles, WA 321 E. 5th Street Port Angeles, WA 98362 CASt4A. @cityofpa.e@rnOS with a copy to: Kent Myers, City Manager City of Port Angeles, WA 321 E. 5th Street Port Angeles, WA 98362 kmyers @cityofpa.us Party Representative: Derek S. Beery, City Archaeologist City of Port Angeles, WA 321 E. 5th Street Port Angeles, WA 98362 dbeery @cityofpa.us Lower Elwha Klallam Tribe: Signatory: The Honorable Frances Charles, Chairwoman Tribal Council Lower Elwha Klallam Tribe 2851 Lower Elwha Road Port Angeles, Washington 98363 franc es. charles@elwha.nsn.us Party Representative: 8 Bill White, Tribal Archaeologist Tribal Council Lower Elwha Klallam Tribe 2851 Lower Elwha Road Port Angeles, Washington 98363 bill.white @elwha.nsn.us Ecology: Signatory: Mr. Kelly Susewind, Program Manager Water Quality Program Washington Department of Ecology P.O. Box 47600 Olympia, Washington 98504 -7600 kelly. susewindAecy. wa. gov Party Representative: Alice Rubin, Environmental Review Coordinator Water Quality Program Washington Department of Ecology P.O. Box 47600 Olympia, Washington 98504 -7600 alicesubin@ecy.wa.gov DAHP: Signatory: Dr. Allyson Brooks, State Historic Preservation Officer Washington Department of Archaeology Historic Preservation 1063 S. Capitol Way, Suite 106 PO Box 48343 Olympia. W A 98504 -8343 aliyson.brooks @dahp.wa.gov Party Representative: Rob Whitlam, State Archaeologist Washington Department of Archaeology Historic Preservation 1063 S. Capitol Way, Suite 106 PO Box 48343 Olympia, WA 98504 -8343 rob.whitlam@dahp.wa.gov EPA: Signatory: Michael A. Bussell, Director 9 Office of Water and Watersheds Environmental Protection Agency Region 10 1200 Sixth Avenue, Suite 900, OWW -137 Seattle, WA 98101 -3123 bussell.mike @epa.gov Party Representative: David Carcia, WA CWSRF Project Officer Office of Water and Watersheds Environmental Protection Agency 1200 Sixth Avenue, Suite 900, OWW -137 Seattle, WA 98101 -3123 carcia.david@epa.gov All notifications required pursuant to this MOA shall be made to the principal contacts in this Stipulation. XII. EXECUTION OF AGREEMENT A. This Agreement may be executed in counterparts, with a separate page for each signatory. The EPA will ensure that each Party is provided with a copy of the fully executed MOA. The EPA will file the MOA with the ACHP. B. Execution of this MOA by the EPA and the SHPO and its submission to the ACHP in accordance with 36 C.F.R. 800.6(b)(1)(iv), will, pursuant to 36 C.F.R. 800.6(c), be considered to be an agreement pursuant to the regulations issued by the ACHP for the purposes of Section 110(1) of the NHPA, 16 U.S.C. 470h -2(1). Execution, submission, and implementation of the terms of this MOA demonstrate that the EPA has afforded the ACHP an opportunity to comment on the proposed Undertaking and its effect on historic properties and that the EPA has taken into account the effect of the Undertaking on historic properties in accordance with Section 106 of the NHPA, 16 U.S.C. 470(F). C. This Agreement shall be effective on the date of the latest signature below. 10 SIGNATORIES: Each undersigned official certifies that he or she is fully authorized to enter into the terms and conditions of this MOA and to execute and legally bind the Party he or she represents to this document. THE LOWER ELWHA KLALLAM TRIBE BzAtk aQ4a Date: 2 -vii? The Honorable Frances Charles, Chai woman THE CITY OF PORT ANGELES rt 1‹.-Ca Date: al )24/201 Z- "NV Mayor THE WASHINGTON DEPARTMENT OF ECOLOGY By: .g,11,.., rate: -271? y usw`ind, Program Manager Wa er Quality Program UNITED STATES ENVIRONMENTAL PROTECTION AGENCY By: C Date: t t 1 Z Michae A. B ssell, Director Office of Water and Watersheds THE WASHINGTON STATE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATI N IZ By: or. i Date: I D(r,..,A so Brooks, State Historic Preservation Officer 11 Attac A Maps of the Area of Potential Effects I CSO Pro�eetea Path Pant ARFetesfl CSO Phu, 1RPc s Chaa 2 lnot pan of undattaknQ t e3inatpartolundodak,r E 3( a y am ,,olu^ A 960 �i t r u1 outranI s trttorttn ile 4-... t ia, a "nom' x: t f l '',4f.1; Franets ti r Stro Par `s aa+ c4;.:',3;':•• 9 l 1 1 s i F A CS ff r r t1 a 0 .",Z.* ma y. t k,F ..J d t r J_. ,',,,,,,,,N fl a ,r '"r d.9 mlliton fi r a r- Sy r is e VOA, gallon tank,: 1A k t y r ..(.G ti f t s ,tip '7` a e ti a il y �g t •+e cr�4. T, 1 ��y 3 f a[ ,xYa CF O sue, a 'd r i i `�wt r Poll AtigoI 1Narbar r 4 F rya ab 1 end o projoM 1- 8 rrfJ7 s'''.,-,,, r .��,Q t40, ,mo d r ..4.;^'I'''-'; r •3; a t t ,�t` a r b y t z' i 7r- >s .y 'y C.,:: .n tir t F 9 :v ^:":.'19'..) "4„.1 w t"1.,. Y i r It�1� 12 Attachment B Archaeological Work Plan 13 i 7 1 I 7 Ar haecRozki_ W ©irk Pin Combined Sewer Overflow (CSO) Project, Phase 1 Clallam County, Washington City of Port Angeles, Washington 321 E. Fifth Street Port Angeles, WA 98362 Derek S. Beery, City of Port Angeles Archaeologist 12/13/2011 City of Port Angeles, WA CSO Archaeological Work Plan Table of Contents Introduction 1 CSO Project 8 Previous Investigations and Potential for Discovery 10 Archaeological Procedures 7 Briefing 14 Qualifications 15 Review of Final Construction Plans ..15 Archaeological Monitoring 16 Work Stoppage 18 Human Remains 19 Inadvertent Collection 20 Confidentiahty 20 Reporting 21 Schedule 22 References Cited 23 APPENDIX A: Contact List 24 Page 1 i City of Port Angeles, WA CSO Archaeological Work Plan List of Figures Figure 1. CSO Phase 1 Project Location on USGS 7.5 min Port Angeles, WA Quadrangle ..2 Figure 2. CSO Phase 1 Project Design Plan and Profile (Rayonier and WWTP structures) 3 Figure 3. Generalized CSO Phase 1 Project APE Overview on 2006 Orthophoto 4 Figure 4. CSO Phase 1 Project APE detail for Rayonier and WWTP structures 5 Figure 5. CSO Phase 1 Project APE and recorded historical properties 7 Figure 6. High probability area of the CSO and archaeological sampling locations 11 Page I ii City of Port Angeles, WA CSO Archaeological Work Plan Introduction The City of Port Angeles (City) is proceeding with a Combined Sewer Overflow project (CSO) in Clallam County, WA. Phase 1 of the CSO project, the current Undertaking, is proposed to begin at the intersection of Oak and Front streets in downtown Port Angeles and proceed north one block and then continue east within the existing 48" diameter Industrial Water Line (IWL) beneath the Olympic Discovery Trail (ODT) (Figure 1). At Francis Street Park a secondary line will stretch from the top of the bluff to the ODT in a trench and parallel the IWL within the ODT to the east. Once the IWL reaches the former Rayonier Mill the lines exit the existing pipeline and will be buried or covered by a berm into and out of the existing wastewater treatment plant (WWTP), into and out of an existing 4.9 million gallon tank, and ultimately connect to the existing Rayonier industrial outfall (Figure 2). A new light vehicle bridge over Ennis Creek will be necessary to convey the pipelines (see Figure 2). The Area of Potential Effect (APE) for the Undertaking is briefly defined as a 30 foot wide corridor centered on the CSO Project centerline extending north then east from Oak and Front streets and along Railroad Avenue and the ODT to Ennis Creek after which it turns south to the WWTP (Figures 3 and 4). At the turn to the south the APE expands to a 60 foot wide corridor continuing to the WWTP to accommodate an increase in the number of pipes in the common trench and two diversion structures (See Figure 4). The CSO Project will be partially funded by a Clean Water State Revolving Fund (CWSRF) loan from the Washington Department of Ecology (Ecology). The Environmental Protection Agency (EPA) has determined that projects offered Federal assistance through the Washington CWSRF are undertakings subject to review under Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.0 470f, (Section 106) and its implementing regulations at 36 Code of Federal Regulations (C.F.R.) Part 800. As such, the CSO Project is subject to Section 106 of the NHPA. NHPA requires that federal agencies identify and assess the effects of an undertaking on historic properties. Historic properties are those that are listed, or are eligible for listing on the National Register of Historic Places (NRHP) and may include buildings or other structures, archaeological sites, and traditional cultural properties. Eligible properties generally must be at least 50 years old, possess integrity of physical characteristics, and meet at least one of four criteria of significance (36 CFR 60.4). This Archaeological Work Plan (AWP) is necessary for NHPA compliance for the CSO Project because of the proximity of the Undertaking to recorded archaeological sites and the potential for new archaeological discoveries in areas of high probability for archaeological resources where archaeological sampling has not cleared the full extent of the APE. Page 1 1 Ctty of Port Angeles, WA CSO Archaeological Work Plan USGS 7.5 -min Quadrangle Port Angeles, WA T3ONR6W Section 2 and 3 Clallam County z oao 1 Wee This map is oamt d to be mad as a legal ard.,o On t fl.....\ mu wawa nw mweauc. dwu» car orpodAmg en fo,......arrao�mo... N r; Mroamruaa aturamap/drawing stun not be em ompammntr of the car 36 Ari Pull Pit A _rX r'� 7� 7� 1,':10 :it' 'a""s r a� I .t r" hOPen Tren chBot%een P uii Pita C and 0 i ",(J T "r i 4y t 4 i" Pull Pit E� r/ y i G M r 1 ^gym 1 _A I �'r" "r ¢L'}. M I y Y&_ r r I 'r r f v. �y.• Y —7r.-„,,9 r r 9 6 n r t r .'ti "i i +.,n,,.... a, t r.taa r I w ar x t, mac, Ezlsung Rayonier Outtall) t� 3 n y ,r. F,p y�Y p t 5e.. 1 a 4 y F i "h r 4 c f i i a "r�'Mt. j-s .t fA i ar 7-1,7..5. t .n i r .4 'S x r F 4 i t•`''''.. ,,:v i ....r '..M\-211= K` y` b r "+a H A A .+µa �4�S xat'4 'prm .-r.. 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CSO Phase 1 Project Location on USGS 7 5 min Port Angeles, WA Quadrangle Page 12 City of Port Angeles, WA CSO Archaeological Work Plan MATCN LINE SEE NSERT ABBREVIATION LEGEND EMT,. TA q ARE AREA OF 1{0{04.4. EFFECT NNRCREE ORMAN. MOH WATER INRIMADGING 41, 2 UNLANG Ny x YAWE➢ R0 E ,NG N CsoDNERT;wx ryu14PED TO PAW.. CSO (0.1.101.114.0 mOM RAYONER T,wp REUUN� !{S D WETLAND lmv E EA6 egECE! 1 f lr RS RAWSE .E i t. T 42,1114 42,1114 C S 1 40,4111 M A„ V VVVV T 00 ORM.OURNt LiiA in:',.- y /.M T+'liD i�~a FM FORCE MANN NNMA PS NO AI E AD CONCRETE CAS I`-'E S9NIOOXEN. '1‘ n L ti I U-- I "4 EMT. L C MFNNm UNIT '11' p A WATER UNE EDIMING J� PxSINDSNDGE. A Y TORMgNW C N£nANGeCdfHMIE IrtY /Y N CSO COMRNED...OVEanav IRRSIFD t y ,DRE14+NF y 6cuvERT AT= I�',r Ere ta a rB�7 DE EUU EASTERN URBAN OROWMAREA EXISTING CONCRETE En.TNCeI±ncE, yt o� P. /VELAR SCAM A,,,,„ ,A ,r T /'f� EXISTING 27,14 E�1 HATCH LEGEND ERISTNR I l'„-, 1 Y e ms t �i y t I S. I J l f \y 3 y S f' \1\ Mowc T EY S YG N' M EST EM R GIN NSERT WV/ LINE zrrx POTENTIAL E:iEC.IA /j p i EAIarao•FRR JIT S S,.Aa WE/UNOx b E,w,NGCONCREIE FEI 7i "re ua S r -.011 `ewwE a r� r...x. UNICATEGWERANpNrtA `2037. e0oF.ETR cw Pl(4 I s GRADE S IXSITRAR2r00 rtM eEw WE SLOPE A S PROPOSED EFFLUENT r'✓ wus0E ,,,,_..7k, ,J oNERSlausmw+u✓E I A N %15NC 2'„M y Otaill -MOVRB UNITS NSW y_ 1 EA TW NWRrOURALL WATER w S 1 rnt' U oNe *RUCrwE NE arAN 'F RMS. Gm PIPELINES --1-' 1 ERSTND IMr w H0"ER r pLg0 FaEW I r t ,E r sUnniE m cw,vm w2F �WEnArmurmv i ll bv.,h. r: PROPOSED SBTUEM I. ONENSION STRICTURE RE'1011 R:NE 1V:rl I TNO FENCE u_ I DEPRRSgN W i� FENCE A H' EAISTING GRADE FENCE .1467` I=1, EARnNG GRADE I r( 2 �2 r- EA6rRT0f•PAtE In 1S,w.... 2 ,R A r' S )4'� -.)1 19TINGGM[E 7rir�uN.,r���� U N H, t 2 t A_A.. 30,13 /,Lt1 Uo O�,U e l r Re SF RS NRS AT ON t R,N- 24 RS ow �oPPU 36'RS Je ]r R9 24 q 1S'R1N n o*, DD M 2A PS Sr RS- ]rca r RS MO it M CRM DPNN I I 1 WG,NGCP IE I MC STANOPRE 1 I 1 CUR.VEAi PN46 GRACE i I A0 1 I I rem TORURNGE 1(,r66�_'__ PRDPOSED E N ..(�:_j Y T _At I I I I I E ,s SF FT uei 1; I 1 ENS Tem F ELEVATION. 1 I I�l ,xS RO.04 NE wERM wile s ROSSW 1 I__ i Ar A'A 1 ,E W m'�,� i PROOOSED AADE MiENrtu I 1 IXNRNDGPADE I I I AT CONNECTION OF b I I 1 _C �.eT 1011M l L T' j I I t I PNIUIE frcrRA MF n' i 1 i I I I urum -I 1 t I yy s* _�\Y= I ,11 F� T I i C x I 1 sW 71i I 1r� 1J 411111111111111111/ VAULT i I C C''';'"""/ �l CSO MNE9 C lift lift 1 1 j I 1 I CR 1DYFR 1 CROSSOVER 1 1 1 ExiSTND2 1 I i s�DE'S. dfAA ,RP 4AM 2TG0 I 1 1 L- m �y 1 s.m I I L mu+uuE a^wNFRari _.i- ��..�e w o 87 1 1 AWE{ PHASE 1 CSO PROJECT a ,A2woroauo-ss P ROFILE (W CONCEPTUAL DESIGN PLAN PROFILE mPnwEB N,,,, 0l SHEET 2 OF 2 CSO GSS2r,14 P A -zam,D Figure 2. Phase 1 Design Plan and Profile (Rayonier and WWTP structures) Page I 3 City of Port Angeles, WA CSO Archaeological Work Plan CSO Projected Path PortAngeles Harbor CSO anise t APE Phase 2 {not part of undenakng j Phase 3 (not part of undanaking) E,dstrng Rayonier Outfall 954 (Feet N r Y ,r 4i r4 1 z S r i ^ti x` Outtatt Francis d wN y +.`Jn �r;� 4.9 mitiion r tea` -yt�1� 6 4l' gation tank^ ^Aa r t J� .y'/+ n. ��x m t F .,�y c` y.i�' !7 ,w:. r y.T`• E, w Y` SSS Oa�o� Port Angeles Harbor end ot proJect 1 n.� ?R 1!°.t 4 Y ,+s S`r n'' 1,��' .•s 4 4 �^r^f'r .P.. m r0 r v� b s t om u.�f yr Figure 3. General CSO Phase 1 APE Overview on 2006 Orthophoto Page 4 City of Port Angeles, WA CSO Archaeological Work Plan 0,71 N -4k IL L 4:: I **111,) 10.. t P 1 .;tVi ti i t i "4 t° -.....1°.,. A t i E 1 1 t 1 L DeeR sli ,ilth ;,,,,,,‘ix; „60.ft, L 'k:.;,'..4'..,',1!...4:',':;.:i ‘.iih, 4 I ,,*,,,,..4.,,N, --:-..,t V Ir..:% A, V14 ..1§ -,k N„ A 41, 0 1. 4,„, t.li.$ •nLlen 4 r D neei es I 't k i '.W?%.+4.. kt.. -,:tt..,,, -o• 4,44,11ir-"o.;g4Artkoe--r?.„,ti,-•ftr4c Diversion wl 0 ge-tru6tur,e; -1 10150,ft Wide APE.' I r %,,,,,of.,,,,;.,4•2407,...i: i441-' t Structure' -kir,- s s, iv I ,-...V.00E 't 11 v 66k k %14' 464 4. .1 .40 641 I 6 :,%S4oV44414041,4 Lie 44 44 L L t Z ■'1; 2 '4W* ....V.1,' 'V Aw 1 SA:?,;11417, ..4 IS .4r,,,',.1/41.,,..-" "4 pi:H.9p, Sp!! DI ...-4-L.;;,4 41 f- f‘ io 15 ft Deep-it.., 10 ft deep 4. ,,-"Ti 1 5 ftto C A6:1 41%161,6-1.44%446.1,1,01, 30 ft Wide APEA '''..4:-.' i oil i 5,ft deep T anlovt. T0.4.....,-. "...a, 4 Val '1....a.", te e 31' A 4" tt.. 4','""„,41 IVITC ,Atoic,441.6r, '4 .:4 q 4 4...-', 411411 i"%n 5 'I D ft peel?. t 111 0,1;( 0 ..eit;. ...z' 1 NA' .11, A-,-1,071,..r.:A.--s,„-- i bildge-VV walPm-p-00, 1 5 ft Deep t 4.1°1 Z1 1. :1 11. 1 1: I t 61. 1, w i 60.ft Wi de APE up ,a4tue--tx,m 4 ft deep C t e e —P n t t o t 1P b i r l i irl d g ge S 4/.041 dir ietittirt4ohitsituitAimtiiii i, •ii,,t i Ill f 'i fs, 4 i 4...-,,, 4,6 t nt i I I V e 1 Forrp ayo er, ..r. v- boundary 1 mill site .1.„- zi/ 30 APE //i ,,I.•-„,;.,...,,',..°' '4. :Alt N r*','41,... ...r AL .'-,TY' ,;4 4%;,t,M,TP.4,11%1 4 8,:*:,? 4°, tr„ 7 V :t'*"*"';lt"'"':;*'*':.°.,'Jj".*:;:t.'"''iii;.;!P'I''''':;:T':'i"'V',..3Vtt';'k:'. 7.• *5::::4111''' lb 1 5 f Dee -4.. -I 0, 't:i‘ .ri iti'tit" -4 4 .C t:47:4,4 .i`olt i'i2U410.,e iito,4.„ t ty.i •t w ApE i ,'W.., 1.13,;•-;...7-;.,,e.:'4,14'211%3'74 *A o. xt t 'V't "'$,Irt A i 1 iroitr.ty.i4o,,--14-,v 1 I i t Jai 1 Fee t Figure 4. CSO Phase 1 Project APE detail for Rayonier and WWTP structures Page 1 5 City of Port Angeles, WA CSO Archaeological Work Plan The CSO Project will follow the former Milwaukee, St Paul, and Pacific/ Seattle and North Coast Railroad grade (45CA458) and cross near the Hollywood Beach ethnographic site (45CA235). The project corridor follows the former railroad, now the ODT, either within a new open trench or slip -lined within the IWL from the corner of Oak and Railroad east to the edge of the Rayonier property (Figure 5). Through this area, the railroad does not retain structural integrity and is not considered contributing to the potential NRHP eligibility of the site in other areas of Clallam County. The IWL is not eligible for the NRHP and the placement of the CSO force mains within the IWL will not affect the potentially eligible Hollywood Beach ethnographic site. Once the project exits the IWL at the western edge of the Rayonier property, the CSO runs about 150 feet east of previously recorded site 45CA468 and through (although above the original elevations) the Puget Sound Cooperative Colony site (45CA236h) (see Figure 5). The CSO APE does not appear to adversely affect sites that currently meet the criteria for National Register of Historic Places (NRHP) inclusion. To date, ground surface inventory, archaeological sampling of higher probability areas, and archaeological monitoring of the geotechnical and utility locate projects for the CSO Project have not resulted in the observance of significant or intact pre- contact or historical archaeological features, artifacts, or deposits associated either with 45CA236h or 45CA468 within the APE. Regardless, there remains some possibility that construction of the CSO may encounter archaeological evidence during ground disturbing actions where archaeological sampling has not taken place- necessitating the preparation this AWP. The City, Washington State Department of Archaeology and Historic Preservation (DAHP), Lower Elwha Klallam Tribe (LEKT), EPA, and Ecology (the MOA Parties) agreed that archaeological monitoring would be part of the City's effort to arrive at a conclusion of "no adverse effect to NRHP eligible historic resources" for the Undertaking. Ecology staff in the Water Quality Program serves as the primary contact for the cultural resources compliance process for the CSO Project since they are acting as the project permitting and funding lead delegated on behalf of the EPA Region 10 for NHPA Section 106 compliance. EPA must, however, direct the tribal consultation process for the CSO Project. The LEKT is the primary tribal contact for the project as designated in the MOA. Other tribes consulted by EPA for the Undertaking included the Jamestown S'Klallam Tribe, Port Gamble S'Klallam Tribe, Skokomish Tribal Nation, Makah Tribe, Puyallup Tribe of Indians, and Confederated Tribes and Bands of the Yakama Nation. Pagel6 City of Port Angeles, WA C'SO Archaeological Work Plan i s �rxc "'erg*, i�*�, z i s'` a 4 `�fi to rc a i mf �Y' 'i. S i x"" s z+a s x 3 3 4 i aS r s 3 .r' w` 'v p zaw '•s>e ,r `&2 f '-:,?:/,./4.,/ 'x x '^e?� xh �a 1t r �r t 4 i n t Jr"' r *x 3 t cc. a a' t x Q Y$ f X c ,!!:'.2-1,',.:' ts y s p' p f ma e��w�� ci z �y t l •x'`1~ ��r Gtl1 f cV ,V -4..,4;- 4 4: 1 a. t T -c s. s Y 'at, Vi p -,...,,,,--,,,,t, i rte +k 1 }y t d i 1 X �4� y �4Yt 'ice r E t -'�s""£1 £�T" r .'-.1; f f It k i t :�8y( f l� '+S� f 14' r a �''i't'� y r Y I t S� D� rt f \4 sf I 'gill f'� a p ',Ii,, Jr y k w t t 1 1 y 4� s t C x re t .R f k 43 G P f S'. -Y f �,r" e f CSO APE C y r. vR''�" m Y Y i p f /t Fr• D 3 k {k a ^'1r Z.µ p 4 1 !'4 Y ,,f:-:- I IMdes ../i �11 i ti. i t t `.v. \z mbmap is not Henaeela be 0.d. nak�I tleuiiµbn N k i� y:^r+•,<, 1 l t x144.I `i i ._..F ThIsmfR'D rcit nPaa Y(IM1 Ceyol Van A,q.n forWavn£na co. p.m. ^-W, l 1 K Y 1 4 Myon•t uw of Fn myJmlwmy nw not 6emenspansY rNe 1 r y. Figure 5. CSO Phase 1 Project APE and recorded historical properties Page 7 City of Port Angeles, WA CSO Archaeological Work Plan CSO Project The CSO Project is located in northwest Washington in Sections 2, 3, and 11 of Township 30 North, Range 6 West, in Port Angeles, Clallam County (see Figure 1). The CSO project includes installation of large sewer mains, added storage, capacity improvements to the City's existing wastewater treatment plant system, and a new light vehicle bridge over Ennis Creek. The project also involves placing an abandoned industrial outfall into service as the primary outfall from the WWTP. The APE, for the purpose of this NHPA Section 106 compliance process, is a 30 foot wide corridor centered on the CSO Project centerline extending north one block from Oak and Front streets then turning east along Railroad Avenue and the ODT to Ennis Creek after which it turns south to the WWTP (sees Figures 3 and 4). There it expands to a 60 foot wide APE past the existing 4.9 million gallon tank and into the WWTP (see Figures 3 and 4). One additional area of APE, the Outfall Intertie, is present near the Ennis Creek estuary to connect two existing large pipes for use of the Rayonier industrial outfall (see Figure 4). In general, pipelines will be placed within the existing IVVL corridor until it terminates at the Rayonier Property. Then it will be constructed within new trenches. Engineers working with the City Archaeologist have minimized trench depths in an attempt to remain in previously disturbed or fill soils when possible. An earlier effort to engineer the project without ground disturbances in all areas of archaeological sensitivity was unsuccessful but did serve to reduce disturbance in higher probability areas. CSO Project construction will require a variable degree of ground disturbance at the former Rayonier Mill including areas where pipes will be buried up to 20 feet deep and others where the piping will be laid above existing ground surfaces in order to meet required grade elevations (see Figure 2). Near Ennis Creek force main trenches average three to six feet deep. The gravity pipes on the upper (lower probability) elevations are deeper; up to 15 feet deep near the WWTP. The approximately 85 foot long connection of the industrial outfall intertie will also be deep, again 14 to 15 feet, to connect the two existing lines already buried at that depth to bypass the existing foam tank. City consultations with the LEKT have identified the intertie component not only as a high probability area for archaeology but also as a high priority component of the project for the environmental health of the harbor. The LEKT have agreed that the potential for archaeology is outweighed by the ecological benefits provided by the incorporation of the Industrial Outfall component. Page I 8 City of Port Angeles, WA CSO Archaeological Work Plan The CSO Project includes the following Phase 1 improvements: 1) Three new force mains connecting to the existing force mains at Front and Oak streets to be laid over the existing IWL from the intersection of Front and Oak to the intersection of Oak and Railroad one block north. 2) Three new force mains, slip -lined within the IWL (two 14 inch diameter and one 30 inch diameter) from Oak Street to the Rayonier property. Between downtown and the Rayonier site, six pits will be needed in order to pull new pipelines through an abandoned 48" diameter concrete cylinder pipe (the IWL). 3) Two new force mains, 24- inches and 36- inches in diameter extending from the edge of the Rayonier property to the Wastewater Treatment Plant (WWTP). 4) Gravity wastewater pipeline (36 inches in diameter) from Francis Street Park to the WWTP trenched within the ODT parallel to the IWL. 5) A new 100 foot long bridge to carry the three wastewater mains over Ennis Creek. The bridge will also be used for the ODT, and in the future it may carry traffic loads, depending on future uses of the Rayonier site. 6) No work is planned within Ennis Creek itself except the removal of an abandoned creosoted timber railroad bridge (non- contributing component of 45CA458). The new bridge span is wide enough to enable future stream restoration projects by others. 7) A new influent diversion structure, located west of the headworks of the WWTP just inside the boundary of the Rayonier site, to pump flows in excess of treatment plant capacity to the storage tank. 8) Pipelines to and from the storage tank, a return pump station, and associated components. 9) Modifications to the 4.9 million gallon storage tank that includes a stair tower requiring its own foundation excavation. Other improvements include demolition of pipes inside the tank, new coatings inside and outside, and a system for cleaning the tank. 10) New 36 inch diameter emergency overflow pipe from the storage tank. 11) Internal WWTP improvements (chlorine contact tank, headworks, trickling filter) within the footprint of the existing plant. 12) Effluent diversion structure with weir system to route most flows to the industrial outfall and utilize the City outfall under high flow, high tide conditions and a separate, 36 inch diameter gravity outfall pipeline from the effluent diversion structure to a connection with existing industrial piping. 13) Retrofit of abandoned 42 inch diameter Rayonier piping to a location in the vicinity of an existing vault and tank, where a connection will be made to the 48 inch diameter industrial outfall Page 1 9 City of Port Angeles, WA CSO Archaeological Work Plan 14) Outfall Intertie connection to 48 inch industrial outfall requires an 85 foot long trench about 15 feet deep. 15) Minor repairs and maintenance of the 48 inch industrial outfall (from within the Strait). The IWL with three internally slip -lined force mains; the western 1,700 linear feet of the gravity pipeline from Francis Street, and the improvements inside the WWTP are located either on City owned or leased property. This includes Oak Street, Railroad Avenue, the ODT along the shoreline from Lincoln Street to the western edge of the Rayonier property and the WWTP property. The City has also recently purchased 12 acres of the Rayonier property adjoining the WWTP including the 4.9 million gallon tank and obtained pipeline easements and temporary construction easements in order to secure appropriate property rights for the Project. The remainders of CSO Project components are located on Rayonier property where the City has negotiated right of way with ITT Rayonier. Previous Investigations and Potential for Discovery It is well- documented that the CSO Project crosses Klallam village and historical, Euro- American industrial/domestic sites (Klallam village ofI'e'nis, Puget Sound Cooperative Colony; 45CA468/236h) (see Figure 5). However, no obvious pre- contact or NRHP eligible historical archaeological resources were observed by the archaeological monitors during earlier CSO Project related, exploratory ground disturbances (Beery 2010) or during archaeological sampling for this CSO Project (Beery 2011a). A few of the previous subsurface exposures have exhibited some shell and animal bone fragments, a few historic artifacts, and dark organic soil layers and isolated fire altered rock; but generally lack any definitive midden -like or other culturally relevant identifiers. Based on occurrences of isolated archaeological information and available background information from previous studies, higher probability areas were defined in the CSO Cultural Resources Assessment Report (Beery 2010:118). Several professional compliance projects have generally failed to identify widespread and intact archaeology and there may be relatively few areas of the Klallam village (45CA468), or the PSCC site (24CA236h) that remain undisturbed except potentially below the fill along Ennis Creek and in the vicinity of the historic shoreline. Therefore the highest probability areas are those with observed Holocene beach and alluvial soils along Ennis Creek and near the primary clarifier on the Rayonier Property (Beery 2010 and Shannon and Wilson 2009). As part of the compliance effort the City Archaeologist placed 14 large archaeological sample units along the CSO centerline within these higher probability areas during a July 2011 exploratory effort (Figure 6 and see Beery 2011a and b). Page 1 10 City of Port Angeles, WA CSO Arc h aeo log i ca l Wo rk Plan 5 `tl "vim£ i fit q,......M. 1:,::‘,.. „„„...,e. Q7 ,-.1. `fir $y n E Trench B J Pit 'L, 1t M„-. 7 Trench f Pit Trench' TrenchF r Trench.G rj i Trench'H r }Y it 4 y Y J v 4 i g it �t,-'�.+_ w. 1 y� �°a' y gT tf 24 M L b I. 4 t k 4 .,f� t "1 ,I. 't 1 4 yam k. r kr rt ,r x i ,t-s i 4"' es:, 4 r 44 A J"; J .[a" 3 *N w t f w, ft of yli s py. ,.s y x q n g gip tk ri Archaeological Sampling Units :„....-1...-.k., i r 6 7 Y x Existing Utilities and Ou tfalls_ Proposed CSO Trench Exte Creek t d25 x'tv h. v 'Feet N W' -''''-.1, Figure 6. High pro area of the CSO and archaeological sa mpling locatio Page 11 City of Port Angeles, WA CSO Archaeological Work Plan The placement of the archaeological trenches intended to: 1) identify any substantial archaeological sites within the higher probability areas that might be disturbed by CSO Project construction, 2) gain better understanding of soil types within the CSO ground disturbance zone every 80 to 100 feet within the higher probability areas of the APE, and 3) provide buffer areas where the full extent of the CSO ground disturbance zone was cleared to vertical limits and the horizontal width of the proposed CSO Project construction trench every 80 to 100 feet through the higher probability areas ahead of the main construction phase. Based upon the results of the archaeological sampling, the City Archaeologist hypothesized that the project may move forward with confidence that any inadvertent archaeological finds, if encountered during construction, can be handled efficiently and confidently with the understanding that any finds will not extend more than 80 to 100 feet within the linear CSO APE (Beery 2011a). The archaeological sampling project found that it appears both natural and anthropogenic disturbances associated with an energetic shoreline and the construction of the Foam Tank and associated utilities have impacted the integrity of the historic shoreline at the Outfall Intertie location and there is little likelihood of an intact archaeological discovery there (Beery 2011a: 63 -64). The few historic and potentially pre contact finds associated with main CSO centerline on either side of Ennis Creek do not constitute significant cultural resources in the opinion of the City Archaeologist. Regardless, there remains some likelihood that out -of- context or isolated pre- contact artifacts or historical features and artifacts may be encountered during the CSO construction. The City has planned to monitor all ground disturbances as part of the CSO Project construction along the main centerline and at the Outfall Intertie connection. This decision correlates to several agreements that are withstanding on the former Rayonier Mill property and as a result of the WSDOT Graving Dock lawsuit settlement (see Beery 2010: 14 -15). Previous archaeological investigations, including the archaeological sampling project, did not intend to reduce or remove the stipulation for monitoring but were instead designed to give planners, engineers, permitting agencies and consulting tribes additional information on what to expect during the CSO Project construction and identify any large issues with time for adequate planning. Based upon the results of previous archaeological work for the Undertaking, it is not very likely that the City will encounter intact and significant archaeological or historic sites during the ground disturbing work. The likelihood that a large intact site remains beneath the fill at Rayonier is low in areas where the Page 112 City of Port Angeles, WA CSO Archaeological Work Plan CSO Project will have ground disturbing impacts. It remains very likely, however, that there will be isolated occurrences of cultural resources, perhaps even human remains, which will need to be handled appropriately during the project. For this reason this AWP is being enacted for the Undertaking. The MOA and this attached AWP devise and implement protocols and guidelines should such occurrences be encountered. Archaeological Procedures Archaeological monitoring and inadvertent discovery protocols were developed through consultation between the MOA Parties (City, EPA, Ecology, DAHP, and LEKT). The policies are consistent with the NHPA, the Archaeological Resources Protection Act (ARPA), Chapter 25.48 Washington Administrative Code, and Chapters 27.44 and 27.53 of the Revised Code of Washington. The AWP also follows protocols established in the LEKT Monitoring and Discovery Plan where consistent with state and federal laws. This AWP also follows the August 14`'', 2006 Settlement Agreement among the State of Washington, Lower Elwha Klallam Tribe, City of Port Angeles, and Port of Port Angeles for construction areas within the City of Port Angeles but excluding the former Rayonier Mill site. The Rayonier property is also subject to an Intergovernmental Agreement, dated March 1999, between the Ecology and the LEKT pertaining to cultural and environmental issues associated with the Rayonier Mill cleanup; and a Cooperative Agreement between Rayonier, Inc. and the LEKT, dated June 1999, also pertaining to cultural and environmental issues associated with the Rayonier Mill cleanup. The City will employ qualified archaeologists to monitor construction- related ground disturbances. The City Archaeologist will serve as the project Principal Archaeologist. The Lower Elwha Klallam Tribal Archaeologist or one or more cultural monitors may also monitor these locations. Typical markers of archaeology usually include such things as discarded shell, fire altered rock, animal bone, lithic debitage, stone tools, heat altered sediment, charcoal, ash, or other organic materials like cordage and fiber, or exotic materials not normally found in the region. Historic materials may also be encountered and typical historic period artifacts, in addition to many of the items discussed in the previous sentence, include items pre- dating 1950 A.D. such as milled lumber, masonry features, concrete, glass, ceramic, brick, wire, nails or other evidence of historic occupation and industry. Newly discovered archaeological sites or components that appear to be significant (eligible for listing on the NRHP) would include resources with intact, stratified deposits or diagnostic artifacts or features that could provide chronological data as well as information about pre- contact Native America or important historic activities associated with the Puget Sound Cooperative Colony or early establishment of the mill. Page I 13 City of Port Angeles, WA CSO Archaeological Work Plan Discovery of human remains, either in primary context or disturbed fill, would require additional archaeological and legal measures. Criteria and integrity requirements for listing on the NRHP (36 CFR 60.4) will provide the standards for identification and evaluation of significance for any identified cultural material. If a discovery is made during construction, the EPA/Ecology, in consultation with the State Historic Preservation Officer (SHPO) at DAHP, may assume eligibility for purposes of Section 106 and begin consultation for resolution of adverse effects [36 CFR 800.13 (c)]. If project effects to a significant historic property cannot be avoided, a treatment plan addendum to the MOA will be developed by the City and implemented through consultation with the MOA Parties. The Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation will apply to the treatment plan, including provisions for a research design, documentation, reporting and curation. It is noted as General Policy that NRHP eligible historical resources will be actively protected in place when feasible and that the collection of artifacts by employees, construction personnel, or others with access to the construction zone is strictly prohibited and subject to criminal prosecution. The contractor's construction operators will report any items of archaeological interest encountered during the project to archaeological monitors immediately upon discovery of the items and shall not continue with ground disturbing activity until directed by the Principal Archaeologist. Briefing The City will provide training on archaeological monitoring issues to construction personnel at a pre work meeting to ensure that contract personnel understand the duties of the archaeological monitors and will comply with any and all necessary conditions imposed by them. Operators who have not received this training to the satisfaction of the Principal Archaeologist will not be allowed to perform ground disturbing work. The briefings will be conducted by the Principal Archaeologist and the City Project Manager. The briefing will include information about the roles of personnel, the legality of cultural resources compliance, and issues of respect and sensitivity of archaeological issues for modern Native American cultures. The briefing will also focus on the procedures to be followed if an archaeological discovery is made during construction either in the presence of an archaeological monitor or in the event one is not present. Tailgate discussions led by the Principal Archaeologist will also occur throughout the project construction phase to keep monitors and construction personnel up to date on cultural resources issues. Page 114 City of Port Angeles, WA CSO Archaeological Work Plan Qualifications All project related ground disturbances will be supervised by the City Archaeologist, acting as the Project Principal Archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards for Archeology (48 FR 44738). At least one City employed or contracted archaeologist is required to be on location during any ground disturbance along the CSO Mainline or the Outfall Intertie. Appointees not meeting the criteria of a professional archaeologist under WAC 27.53.030(8) cannot monitor unsupervised. The LEKT Tribal archaeologist and one or more Cultural Monitors, selected by LEKT for their expertise in tribal cultural practices as related to archaeological and construction activities, may also be present at any time the Archaeological Monitors are present. Cultural Monitors shall have the same access as the Archaeological Monitors and shall advise as to cultural protocols and practices that must be adhered to in the event of discovery of archaeological deposits or human remains. The City has previously agreed to reimburse the LEKT the hourly rate for Cultural Monitors at a ratio of one Cultural Monitor per City employed archaeologist for the duration of the archaeologically monitored ground disturbing components on the Undertaking. Review of Final Construction Plans The current CSO Phase 1 construction plans are 90% design. 100% design is anticipated by March 2012. Final plans cannot be produced without approval from Ecology as part of a Stormwater Management Permit that is currently undergoing public comment and agency review at the time of production of this AWP. It is anticipated that small "tweaks" may be required to manage the stormwater runoff in the construction plans but that these will have marginal, if any, effect upon the APE as described previously in the CSO Assessment Report (Beery 2010). The APE has not changed from the 60% design plans and APE changes are not anticipated as the City finalizes the 90% design plan and begins construction of the Undertaking. Prior to construction excavation for any project element, The City Archaeologist will review the final construction plans for that element to determine if construction techniques or maximum depths of construction excavation have changed requiring changes to this AWP. In this case the Principal Archaeologist will revise this AWP and notify Ecology of the revision. Ecology will provide the revised AWP to the MOA parties who will then have fourteen (14) working days to review and accept the changes or advise Ecology that further consultation is necessary. Once all MOA Parties have accepted a revised AWP it will replace the existing version. Page 1 15 City of Port Angeles, WA CSO Archaeological Work Plan Archaeological Monitoring The primary goal of archaeological monitoring will be discovery and documentation of previously unknown items of archaeological interest from the exposed construction trenches within the CSO Project APE. Monitoring procedures are general guidelines that usually include examination of cleared and graded surfaces. These surfaces are sometimes exposed by grading and trenching so that they have greater potential to display previously unexposed pre- contact or historic archaeological materials. The following steps outline what steps will occur to meet the archaeological monitoring requirements for the Undertaking and defines the procedures to follow if pre- contact or significant historic archaeological resources are discovered during project construction: 1. Archaeological Monitors will be responsible for notifying the Principal Archaeologist of any archaeological discoveries. The Principal Archaeologist is then responsible for notifying the City Project Manager, Construction Supervisor and Ecology of any significant historical archaeological find or any Pre contact or Native American archaeological discovery. The attached Chain of Communication (Appendix A) defines one contact for each signatory party to the CSO MOA who shall be contacted by Ecology in the event of a notable discovery. Ecology may also notify other interested tribes and parties of archaeological efforts or discoveries as part of their NRHP responsibilities. If the find includes human remains, the Principal Archaeologist will also immediately notify the Clallam County Coroner and the Port Angeles Police as stipulated by State Law (see subsection on Human Remains). 2. Archeological monitoring will focus on ground clearing, grading, and trenching activities. Monitoring will include visual inspection of trench walls, physical inspection of excavated sediments, description and documentation of stratigraphic exposures, and compilation of detailed monitoring notes and reports. The archaeological monitors shall observe ground disturbances from several perspectives during the activities including observation of the sidewalls of the trench excavations and examination of the spoil piles as necessary. Archeological monitors will keep detailed field notes on all monitoring related activities. Screening of sediments will be to the discretion of the Principal Archaeologist. 3. Archaeological monitoring will require close communication with the construction contractor. The monitor may enter the excavation area and examine the sidewalls and surfaces more closely if any signs of cultural resources are observed. In limited cases the Page 16 City of Port Angeles, WA CSO Archaeological Work Plan archaeologist may request that equipment operators modify their procedures to expose subsurface stratigraphy in thin lifts in an effort to identify additional archaeological evidence. Archaeological monitors will always place safety first during monitoring activities. 4. Archaeological monitors will have the authority to temporarily halt construction while examining possible discoveries and will immediately notify the Principal Archaeologist in the case of a work stoppage of longer than 30 minutes. If the Principal Archaeologist determines the find, or portions thereof, require supplemental investigations and the discovery may result in a longer delay, he will inform the Construction Superintendent and City Project Manager immediately. The Construction Superintendent will halt Contractor activity in an area defined by the Principal Archaeologist to ensure the integrity of the find is not compromised (though construction activities may continue elsewhere in the project area). It will be the duty of the Principal Archaeologist to notify Ecology and confirm the work stoppage area. 5. If cultural materials that are not isolated finds are confirmed by the Principal Archaeologist or Archaeological Monitor additional identification and evaluation may be required. For the purposes of this project a site is defined as two or more archaeological objects (artifacts or features) found on the same landform and within reasonable proximity to each other. An isolate is defined as any single artifact or single object broken into multiple pieces (such as a glass jar broken into multiple fragments). Any features such as fire hearths or other domestic features, refuse dumps /midden, concentrations of more than five prehistoric artifacts, or ten or more historic artifacts will require further investigation. If such finds are encountered supplemental investigations may be conducted to determine the significance of the archaeological resource. 6. Archaeological monitors will ensure the proper documentation and assessment of any items of archaeological interest that are encountered during the undertaking. (i) All archaeological materials discovered during the project will be recorded by an archaeological monitor in field notebooks for later transfer to the DAHP site form format. (ii) Site overviews, features, and artifacts will be digitally photographed as applicable. Page 1 17 City of Port Angeles, WA CSO Archaeological Work Plan (iii) Artifacts and archaeological samples will not be collected unless specified as a condition in a treatment plan or other addendum to this AWP (and the MOA) or after Ecology provides notice to the MOA parties that additional documentation and analyses are required to make a determination of NRHP eligibility for the discovery. (iv) Stratigraphic profiles and soil descriptions will be prepared for soil exposures when appropriate. (v) Discovery locations will be documented on scale plans and site maps. (vi) Features and objects identified by the monitors as requiring recordation will be plotted using professional grade GPS. 7. In the event of newly discovered cultural material the Archaeological Monitor will notify the Principal Archaeologist of the find. The Principal Archaeologist will ensure that the Construction Supervisor, City Project Manager, and Ecology are notified of the discovery within one (1) day. The Principal Archaeologist will assemble all documentation produced by the archaeological monitors and compose a preliminary assessment of significance. If a discovery is made during construction, the EPA, Ecology, the City, DAHP and LEKT may assume eligibility for purposes of Section 106 and begin consultation for resolution of adverse effects. (i) Any samples or artifacts collected during such documentation and analysis will be held in secure storage until such a time as they can be conveyed to a repository that meets federal standards or returned to their original location. The LEKT may provide this service. (ii) The City /and or ITT Rayonier have previously agreed (ITT Rayonier through other existing legal agreements) to donate to the LEKT any artifact discovered that the LEKT Tribal Archaeologist determines is of significance to the Tribe. Work Stoppage In the event of a longer -term greater than one day) work stoppage the Principal Archaeologist will work with the City Project Manager and Construction Superintendent to secure and buffer the area of the find with fencing, barricades, or by other means to ensure protection of the find during the process of notification or for additional archaeological recording and/or recovery. There is not a set time limit for work stoppage in the buffer zone. Resumption of work in the area of the discovery will be consistent with Page 1 18 City of Port Angeles, WA CSO Archaeological Work Plan the results of consultation between the MOA signatory parties. A treatment plan may be necessary to direct a course of action in the event that a significant historical resource cannot be avoided during construction. In the event of a work stoppage the following steps will be taken: 1) Ecology shall ensure that the MOA Parties are contacted within one (1) working day. 2) Ecology, working with the City Project Manager and Principal Archaeologist, shall arrange for all MOA Parties who so chose to conduct a joint viewing of the discovery within forty-eight (48) hours of the notification; or at the earliest feasible time thereafter. 3) EPA will consult with the MOA Parties regarding adverse effect resolution. Resumption of the work in the area of the discovery will be consistent with the results of the consultation. 4) If consultation results in the conclusion that the project effects to an historic property cannot be avoided, the MOA Parties (EPA, Ecology, DAHP, LEKT, and the City) will work together to develop a treatment plan that applies the guidelines found in the Secretary of the Interior's Guidelines for Archeology and Historic Preservation. This will include provisions for research design, documentation, reporting and curation. Particular measures will depend upon the development of research questions and design of excavation strategies that are required to address such questions. The City will prepare such plan and submit it to Ecology within five (5) working days of identification. The MOA parties will have a maximum of seven days (7) to review and comment. If comments are not received then concurrence will be presumed and the treatment plan will be immediately implemented. Human Remains If construction activity unearths human remains, including intact burials or isolated human teeth or bones, or other mortuary items; then all activity must cease that may cause further disturbance to those remains and the area of the find must be secured and protected from further disturbance (see subsection on Work Stoppage). The finding of human skeletal remains must be reported to the Clallam County Coroner and the Port Angeles Police Department in the most expeditious manner possible. The remains should not be touched, moved, or further disturbed. The Coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non forensic/archaeological. If the Coroner determines the remains are non forensic, then they will report that finding to DAHP who will then take jurisdiction over the remains. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non Indian and report that finding to any appropriate cemeteries and the affected tribes. DAHP will then handle all Page 119 City of Port Angeles, WA CSO Archaeological Work Plan consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. The Principal Archaeologist shall make the notification of human remains to the Clallam County Coroner and the Port Angeles Police Department. Concurrent with this notification the Principal Archaeologist will also notify the City Project Manager, the Construction Supervisor, and Ecology consistent with all other work stoppage requirements. In following this protocol, EPA and Ecology, should not at any point have possession or control over Native American human remains, associated or unassociated funerary objects, sacred objects, or objects of cultural patrimony as contemplated in the Native American Graves Protection and Repatriation Act (25 U.S.C. Section 3001 et seg.) (NAGPRA). Inadvertent Collection Collection of artifacts or other items of archaeological interest by contractor's employees, construction personnel, or others with access to the APE as guests or employees of the City are strictly prohibited except as discussed under the protocols above when professional archaeological analysis is required to make a determine of the significance of an inadvertent discovery or to better define research questions as part of preparation of a Treatment Plan. If Native American human remains or associated or unassociated funerary objects are inadvertently collected during archaeological investigations then the reporting protocols discussed above under Human Remains shall take precedence. If sacred objects or objects of cultural patrimony are inadvertently collected during any archaeological investigation, the EPA in consultation with the other MOA parties will notify the concerned tribes so that the City may return the objects or artifacts to the LEKT at a time acceptable to the LEKT. Human remains and funerary or sacred artifacts shall remain unwashed and without further analysis under 24 -hour security until DAHP, law enforcement or LEKT takes possession. Confidentiality The parties of the MOA recognize that archaeological properties are sensitive and that archaeological sites are susceptible to vandalism and illegal removal activities. For this reason any information regarding discovered archaeological resources, their location, and other information should be held secure in order to protect the resources. To the extent allowed by law, all information concerning the discovery and/or location of archaeological resources, especially human remains, will be treated as CONFIDENTIAL and exempt from public disclosure under RCW 42.56. Page 120 City of Port Angeles, WA CSO Archaeological Work Plan 1. The Construction Contractor personnel shall not photocopy documents containing information on culturally sensitive findings. The Contractors may be required to keep a log identifying all persons who access the sensitive information and the date the access was permitted. Contractors and their representatives may be required to sign non disclosure statements. 2. The Contractors may not release any information regarding archaeological discoveries to any media or third party or share information with the general public. All requests for information regarding archaeological or cultural matters shall be submitted to the City Director of Community and Economic Development. 3. Any disregard for these protocols on behalf of the Contractors or their subcontractors may constitute a Class C felony offense under RCW 27.44.040 or result in civil penalties and/or require compensation of the City and/or DAHP for all restoration costs under RCW 27.53.095. 4. All records resulting from archaeological investigations conducted under this AWP will be securely stored at an authorized curation facility with copies presented to consulting parties if requested in writing. Reporting The City Archaeologist will prepare monthly monitoring summaries and annual reports. The monthly reports will contain summaries of work conducted and review the archaeological information collected during the work period. The information will be accompanied with appropriate maps and photo figures as requested by DAHP. The annual report will summarize the year's monthly reports by reviewing progress on archaeological measures and also discuss any problems or unexpected issues encountered during the year while identifying any changes that the City believes should be made during the following year. These reports will be delivered to Ecology who will then distribute them to the MOA parties. The schedule for monthly reports will be delivery to Ecology within seven (7) working days after the final day of the month. The City will provide Ecology with the yearly reports by January 315 of the following year (31 days after the end of the calendar year). A final report on the Archaeological Construction Monitoring will be filed with DAHP in a form acceptable to DAHP and include, if information warrants, updated site forms for sites 45CA468 and/or 45CA236 (or any newly discovered historic or prehistoric archaeological site) in a format acceptable to Page 121 City of Port Angeles, WA CSO Archaeological Work Plan DAHP. The City will prepare this report and deliver it to Ecology within four (4) months after the completion of the ground disturbing construction components of the CSO Phase 1 Project. Ecology is responsible for forwarding all necessary communications and reports from the City to the MOA Parties. Schedule The City will provide notice of intent to proceed ground disturbing actions to the MOA parties ten (10) working days prior to initiating project construction. Monthly reports from the City, as discussed above, will be delivered to Ecology within seven (7) working days after the end of each month during construction and will contain summary review of archaeological work and address work schedules for the coming months as best as possible. The City Archaeologist will produce an annual monitoring report and provide it to Ecology on or before the end of January for each previous calendar year during the CSO construction phase. When the ground disturbing construction components for the CSO Phase 1 Project are complete the City Archaeologist will notify Ecology of the completion of construction monitoring on the project. Within four (4) months of this final notice the City Archaeologist will provide Ecology with a final monitoring report for the project. The City Archaeologist will not provide monthly updates after the final monitoring notice and before the submission of the final report. Any changes in this schedule shall be agreed upon, in writing, by the MOA parties. Upon acceptance of the final summary report by the MOA signatories the MOA and the conditions of this AWP will be terminated. Paget 22 City of Port Angeles, WA CSO Archaeological Work Plan References Cited Beery, Derek S. 2011a Pre Construction Archaeological Sampling Report: Combined Sewer Overflow (CSO) Project, Phase 1. Report on file at the City of Port Angeles, WA. 2011b Pre Construction Archaeological Sampling Plan: Combined Sewer Overflow (CSO) Project, Phase 1. Report on file at the City of Port Angeles, WA. 2010 Cultural Resources Assessment for CSO Phase 1 Project, City of Port Angeles, WA. Report on file at the City of Port Angeles, WA. Shannon and Wilson 2009 Draft Interim Geotechnical Report, City of Port Angeles Francis Street CSO Project, Port Angeles Washington. Report prepared for Brown and Caldwell by Shannon and Wilson, Seattle. Page 1 23 City of Port Angeles, WA CSO Archaeological Work Plan Appendix A: Contact List Washington State Department of Ecology Mailing Address: Water Quality Program PO Box 47600 Olympia, WA 98504 -760o Phone: 36o -407 -6429 CSO Project Contact: Alice Rubin email: alice.rubin @ecology.wa.gov U.S. EPA. Region 10 Mailing Address: Clean Water State Revolving Fund, Office of Water and Watersheds 1200 Sixth Avenue, Suite 900 Mail Code: OWW -137 Seattle, WA 98101 Phone: 206- 553 -08 CSO Project Contact: David Carcia email: Carcia.David @epamail.epa.gov Page l 24 City of Port Angeles, WA CSO Archaeological Work Plan Washington State DepArchaeology and Historic Preservation (DAHP) Mailing Address: DAHP /SHPO PO Box 4 Olympia, WA 9 Phone: (360) 586 -3065 Fax: (36o) 586 -3067 Director /SHPO, Dr. Allyson Brooks, Allyson.Brooks@dahp.wa.gov (360) 586 -3066 Physical Anthropologist, Dr. Guy Tasa Guy.tasa(dahp.wa.gov (360) 5 3534 (360) 790 1633 after hours cell phone CSO Project Contact: State Archaeologist, Dr. Rob Whitlam Rob.Whitlam@dahp.wa.gov (36o) 586 -3080 Page I 25 City of Port Angeles, WA CSO Archaeological Work Plan City of Port Angeles Address: 321 E 5 St., Port Angeles, WA 98362 CSO Project Contact: Derek S. Beery, City Archaeologist Phone: 36o- 417 -4704 (office) 36o -461 -9131 (cell) Email: dbeery @cityofpa.us City Project Manager, James Burke Email: jburke @cityofpa.us Phone: 36o- 417 -4809 Director of Community and Economic Development, Nathan West Email: nwest@cityofpa.us Phone: 36o- 4 Construction Supervisor: TBD Phone: Page 1 26 City of Port Angeles, WA CSO Archaeological Work Plan Lower Elwha Klallam Tribe Address: 2851 Lower Elwha Road, Port Angeles, WA 98363 CSO Project Contact Name: William White, Lower Elwha Klallam Archaeologist Phone: 36o- 452-8471 ext. 163 (office) 36o- 46o -1617 (cell) Email: Bill.white @elwha.nsn.us Council Chair, Frances Charles Email: francescharles @elwha.nsn.us Phone: 36o- 452-8471, ext. 1o6 CEO, Sonya Tetnowski Email: Sonya.tetnowski @elwha.nsn.us Phone: 36o- 452-8471, ext. 115 Page I 27 City of Port Angeles, WA CSO Archaeological Work Plan Local Law Enforcement (Human Remains Assistance) City of Port Angeles Police Chief, Terry Gallagher (360) 417 -4901 City of Port Angeles Deputy Police Chief, Brian Smith Bsmith@cityofpa.us (360) 417 -4902 (360) 912 -0184 Clallam County Sheriff, Bill Benedict (360) 417 -2262 Admin: (360) 417 -2262 Clallam County Coroner/ Prosecuting Attorney, Deborah S. Kelly dkelly@co.clallam.wa.us (360) 417 -2368 Page 128 Exhibit B Hourly Wage Rates City of Port Angeles CSO Phase 1 FY 2012/2013 Lower Elwha Klallam Tribe Sanitary Sewer Rehab Project Cultural Resource Monitoring Rates Salaries Wages Rate Hours L &I Subtotal Indirect Hourly Total Quantity Expenditures Tribal Archaeologist Level 20 Step B $35.90 TBD 1.57 37.47 11.78 49.25 TBD *TBD Cultural Specialist Level 10 Step A $13.90 TBD 0.61 14.51 4.56 19.07 TBD *TBD Subtotal Labor Industry Insurance 4.37% per 100 Total Cost Salaries Wages Indirect 31.45% of Salaries Wages Equipment and Operating Supplies Subtotal NONE Indirect 3L45 Not To Exceed Total Projected Costs (On Call As Needed) TBD $100,000.00 Make Checks Payable To: Lower Elwha Klallam Tribe 2851 Lower Elwha Road Port Angeles, WA 98363 PSA 2012 -07 Exhibit B Page 1 7/18/2012 Steve Suagee From: Bill White Sent: Wednesday, August 08, 2012 2 42 PM To: Derek Beery Cc: Steve Suagee; Frances Charles Subject: WageSalaryScale Attachments: 05WageSalaryScale pdf Derek, I have attached the most recent Wage and Salary Scale for the Lower Elwha Tribe. Our monitors are paid at the Grade of 9 Step A or $12.39 per hour. Frances gave me her account of the meeting last night and reiterated her questions that were answered to her satisfaction by council. She wants Steve Suagee to work with Mr. Bloor and you on language that allows the Tribe to have the data from the City's CSO project for their use. She also would like the waiver of sovereign immunity by the Tribe revisited. For the record my rate of pay is Level 20 Step B or $35.90 Bill White Tribal Archaeologist MA Cultural Resources Department Lower Elwha K /a /am Tribe 2851 Lower Elwha Road Port Angeles, WA 98363 Phone: 360 452 -8471 x163 Fax: 360 452 -3428 bill. white0elwha.nsn.us EXHIBIT C INSURANCE INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICE AGREEMENTS 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. 2. Commercial General Liability insurance shall be written on ISO occurrence form 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington._ MINIMUM AMOUNTS OF INSURANCE CONSULTANT shall maintain the following insurance limits: 1. 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 be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. OTHER INSURANCE PROVISION The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any 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. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. PSA 2012 -07 1 7/18/2012 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. NOTICE OF CANCELLATION The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. FAILURE TO MAINTAIN INSURANCE Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the CONSULTANT to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. END OF EXHIBIT PSA 2012 07 2 7/18/2012