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MEMO TO: Members of the City Council FROM: Mayor John Marchione DATE: May 17, 2016 SUBJECT: Approval of Consultant Agreement with DOWL for Cultural Resources Management Plan Development in the Amount of $192,311. I. RECOMMENDED ACTION Contract Approval II. DEPARTMENT CONTACTS Rob Odle, Director, Planning and Community Development Linda DeBoldt, Director, Public Works Lori Peckol, AICP, Policy Planning Manager, [PHONE REDACTED] Kimberly Dietz, Senior Planner, [PHONE REDACTED] Jeanne Justice, Engineering Supervisor, [PHONE REDACTED] Roger Dane, Senior Planner, [PHONE REDACTED] III. DESCRIPTION/BACKGROUND In 2013, phase 1 of the Bear Creek Rehabilitation project was constructed. The purpose of this City capital project was to rehabilitate the lower, channelized part of Bear Creek starting at the Sammamish River and going upstream on Bear Creek to the Bear Creek enhancement work previously completed. The project construction scope included recovery of archaeological artifacts in accordance with permit conditions. During construction, there was some inadvertent damage to the resource area by the construction contractor and archaeological contractor, which was determined to be a permit violation. The resolution of mitigation due to this is described in an amendment to the Memorandum of Agreement for the Bear Creek Rehabilitation Project, which City Council approved in August 2014. This Agreement requires the City to use the services of a qualified archaeological consultant to prepare Redmond’s first Cultural Resource Management Plan (CRMP) within 3 years of the agreement. Generally, the purpose of a Cultural Resource Management Plan is to help organizations ensure compliance with federal, state, and local laws and regulations that govern and provide guidance for good stewardship in protecting and managing cultural resources. Cultural resources include artifacts, features, and sites related to human activities over approximately 12,000 years. These resources contribute to a sense of history and place, define a collective shared heritage, and include two time periods: Pre-contact period that predates Euro-American settlement; and ---PAGE BREAK--- Historic period that ranges from the pre-contact period to 50 years in the past. Consultant Selection Staff worked with a team that included representatives from the Tribes, King County Historic Preservation (KCHP) and the Washington Department of Archaeology and Historic Preservation (DAHP) to develop the request for proposals for consultant services for development of the CRMP. Five consultant teams submitted proposals. City staff and other team members scored the submittals and two teams were invited to interview. DOWL was selected as the most qualified firm to provide these services. Study Elements Led by Staff City staff will be leading some components of the CRMP development in order to invest limited professional services funds for tasks that City staff do not have the time or expertise to complete, and because some elements could not be included within the available consultant budget. To make the most of limited funds, staff will coordinate and implement an agreement with DAHP for sharing of archaeological and historic data and for formalizing annual reporting protocols. The consultant will provide a significant amount of support for the development of a cultural resources predictive model using GIS and to make efficient use of funds, staff will coordinating GIS services and data creation while the consultant develops the model, associated mapping tools, and operational protocols such as how staff integrates the data and model into work programs. To ensure compliance with agreed stipulations and for long-term educational opportunities, the consultant will provide directed training to key staff in the form of a train-the-trainer program. Staff will then facilitate the training program for other staff during 2018, 2019, 2020, and as needed thereafter. Consistent with regular updates to the Comprehensive Plan and functional plans, staff will also evaluate the CRMP for subsequent refinements as follow up to the plan’s implementation. Purpose Of A Cultural Resource Management Plan The primary purpose of the Cultural Resource Management Plan is to guide the City in the following areas: Identifying sites with a high probability of cultural resources being present. The City will use existing materials, DAHP data, KCHP data, and any additional information provided by the Muckleshoot Indian Tribe, Snoqualmie Tribe, Stillaguamish Tribe of Indians, and Tulalip Tribes to identify these sites. Additional data may also be provided by the Confederated Tribes and Bands of the Yakama Nation, Duwamish Tribe, and Suquamish Tribes; Documenting known resource locations and inventorying for additional high probability or high risk locations; Developing protocols for further identifying, investigating, and treating cultural resources, including how to address high probability or high risk areas; Designing implementation and assessment procedures that help ensure data security; Establishing protocols for coordinating cultural resource review between City departments; Designing and implementing a cultural resource training plan and schedule for Redmond employees; ---PAGE BREAK--- Administering procedures to improve existing tribal consultation protocols; Developing and implementing inadvertent discovery procedures, including provisions for the discovery of human remains; Providing emergency response protocols; and Monitoring protocols. The Plan will relate to a variety of City functions and therefore, the project team includes staff from all appropriate functional areas within Planning, Parks, and Public Works. This team will work collaboratively with key project partners from the Tribes, KCHP, DAHP, US Army Corps of Engineers, Washington State Department of Transportation, and Federal Highway Administration. Staff from Communications will also participate regarding promotion of three opportunities for the community to learn about, inform, and review the draft CRMP. Also, staff from GIS Services will provide support during the development of a citywide predictive model and mapping tool that will inform future development project applicants regarding site-specific risks of the presence of cultural resources. Cultural Resource Management Plan stakeholders will include people likely to have significant interaction with the development and/or implementation of the Plan. These include and are not limited to the following: Southeast Redmond property owners along Bear & Evans Creek Property owners of undisturbed or parcels of significance Developers Other Tribal representatives Redmond Historical Society Redmond Town Center Marymoor Park Water Tenders Green Redmond and other organizations involved with parks, open space, and critical areas Burke Museum Sound Transit Washington State Department of Ecology Among the anticipated opportunities and considerations as a result of developing the Cultural Resource Management Plan are: Increased awareness of cultural resource presence and associated requirements; Opportunity for enhanced level of predictability regarding high probability or high risk areas and inadvertent discovery planning; Streamlined project planning and development in low risk areas; Coordinated, proactive administration; Clear and concise protocols for staff, property owners, and developers; and Increased education for staff engaging in activities related to the physical modification of public or private land. ---PAGE BREAK--- City Council Discussion Staff briefed and sought input from City Council regarding this topic at two Committee meetings: Date Action/Committee Presentation November 10, 2015 Planning and Public Works Committee May 10, 2016 Planning and Public Works Committee In summary, Council’s direction as of the date of this memo has been: Provide opportunity for participation by and input from a variety of stakeholders including Washington State Department of Ecology, representatives of Tribes that the City has worked with regarding Bear Creek enhancements and mitigation, and the Water Tenders; Ensure that Federal, State, countywide, and local regulatory requirements are met; Include a name and additional information about the CRMP that clearly identifies the Plan’s goals and purpose; and Develop tools for assisting property owners in learning about the possible presence of cultural resources and responding to inadvertent discovery of resources. Proposed Schedule Staff anticipates beginning work with the consultant on June 1, 2016 and completing the requirements specific to the development of the Cultural Resource Management Plan by August 2017. Additional key dates regarding the CRMP include: June 1, 2016 Project Kickoff July 2016 - February 2017 Community Engagements May 2017 Staff Training Activities June 2017 CRMP Draft Delivered July 2017 CRMP Draft Protocols Delivered August 2017 Final CRMP Delivered October 2017 Planning Commission Review of Proposed Amendments to Comprehensive Plan & Redmond Zoning Code IV. IMPACT A. Service/Delivery: Approving the proposed agreement for consultant services will allow the City to fulfill stipulations for resolution of mitigation described in the amendment to the Memorandum of Agreement for the Bear Creek Rehabilitation Project, approved by the City Council in August 2014. The contract for the proposed consultant services will specifically fulfill the stipulation requiring the City to use the services of a qualified archaeological consultant to prepare Redmond’s first CRMP within 3 years of the agreement. B. Fiscal: The CRMP contract will be supported using the Stormwater CIP fund, under ---PAGE BREAK--- the Bear Creek Rehabilitation Project #20029622 for approximately $192,311, including a 10% contingency. V. ALTERNATIVES TO STAFF RECOMMENDATION The City Council could choose to delay or not approve the consultant contract. Staff does not recommend this since this work is necessary to comply with the City Council’s approved August 2014 agreement with signatories. In addition, not developing a Cultural Resource Management Plan could put the City out of compliance with the State Environmental Policy Act (SEPA), the Shoreline Management Act (SMA), the Forest Practices Act (FPA), and Governor’s Executive Order 05-05 that require government agencies to consider cultural resources during the environmental review process. VI. TIME CONSTRAINTS The Memorandum of Agreement for the Bear Creek Rehabilitation Project, approved by the City Council in August 2014, requires the City to use the services of a qualified archaeological consultant to prepare Redmond’s first Cultural Resource Management Plan by August 2017. VII. LIST OF ATTACHMENTS Attachment 1 Exhibit A: Scope of Work Exhibit B: Work Schedule Exhibit C: Payment Schedule Exhibit D: Consultant Fee Determination Exhibit E: Insurance Addendum