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HomeMy Public PortalAbout182-2011 - Engineering - Federal Highway Administration - ImproMEMORANDUM OF AGREEMENT BETWEEN THE FEDERAL HIGHWAY ADMINISTRATION AND THE INDIANA STATE HISTORIC PRESERVATION OFFICER SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION PURSUANT TO 36 C.F.R. Section 800.6(b)(iv) REGARDING THE IMPROVEMENTS TO SOUTH E STREET (DES NO 0900114) IN RICHMOND, WAYNE COUNTY, INDIANA WHEREAS the Federal Highway Administration ("FHWA") proposes to provide funding for the improvement of South E Street in Richmond, Wayne County, Indiana; and WHEREAS the FHWA, in consultation with the Indiana State Historic Preservation Officer ("SHPO"), has defined this roadway improvement's area of potential effects, as the term defined in 36 C.F.R. Section 800.16(d), to be the area from the west side of the intersection of South 5t`' and South E Streets to the intersection of South E and South 16"' Streets, with a width generally one lot north and one lot south of South E Street; and WHEREAS the FHWA, in consultation with the Indiana SHPO, has found that the Old Richmond Historic District, the Richmond Southside Historic District, and the Richmond Bungalow/Cottage Historic District are within the area of potential effects; and WHEREAS the FHWA, in consultation with the Indiana SHPO, has determined, pursuant to 36 C.F.R. Section 800.4(c), that the Richmond Southside Historic District and the Richmond Bungalow/Cottage Historic District are eligible for inclusion in the National Register of Historic Places; and WHEREAS the FHWA and the Indiana SHPO both recognize that the Old Richmond Historic District is listed on the National Register of Historic Places; and WHEREAS the FHWA, in consultation with the Indiana SHPO, has determined pursuant to 36 C.F.R. Section 800.5(a) that the improvement of South E; Street will/may have an adverse effect on the Old Richmond Historic District and the Richmond Southside Historic District; and WHEREAS the FHWA has consulted with the Indiana SHPO in accordance with Section 106 of the National Historic Preservation Act (16 U.S.C. 470f) and it's implementing regulations (36 C.F.R. Section 800) to resolve the adverse effect on the Old Richmond Historic District and the Richmond Southside Historic District; and WHEREAS the public was given an opportunity to comment on the undertaking's adverse effect in a notice published on January 11, 2011 in the Richmond Palladium -Item; and WHEREAS the FHWA has notified the Advisory Council on Historic Preservation of the adverse effect and invited the Council's participation in the project, pursuant to 36 CFR Section 800.6(a)(1), in a letter dated July 7, 2011; and WHEREAS the Advisory Council on Historic Preservation declined to participate in consultation; and Contract No. 182-2011 South E Street (Des.No. 0900114) Final 10/31/11 WHEREAS the FHWA has consulted with the Indiana SHPO in accordance with Section 106 of the National Historic Preservation Act (16 U.S.C. 470f) and its implementing regulations (36 C.F.R. Part 800) concerning the scope of work as presented in the materials and plans dated April 19, 2010, and agreed to proceed with the project as proposed; and NOW, THEREFORE, the FHWA and the Indiana SHPO agree that, upon the submission of a copy of this executed memorandum of agreement, as well as the documentation specified in 36 C.F.R. Section 800.11(e) and (f) to the Advisory Council on Historic Preservation ("Council" pursuant to 36 C.F.R. Section 800.6[b][1][iv]) and upon the FHWA's approval of the improvement of South E Street, the FHWA shall ensure that the following stipulations are implemented in order to take into account the effect of the improvement of South E Street on historic properties. Stipulations CONSTRUCTION COORDINATION A. A pre -construction meeting will be held prior to commencement of work on this project. A representative of the City of Richmond (the City) or its consultant will be present at this meeting to describe historic elements of the project and expectations for re -use, repair, or replacement of materials. The Indiana SHPO will be invited to attend the pre -construction meeting. B. Relocation of metal street identification markers: the City shall create special provisions in the construction contract so that the City's contractor shall make a good faith effort to carefully remove the lettering and clean and reset it in the new sidewalks near the original location. The placement of metal street identification markers shall be performed in accordance with American Disability Act (ADA) requirements. These efforts shall be photographically documented by City staff or its consultants. C. Relocation of decorative brick sidewalk pavers in the Old Richmond Historic District: the City shall create special provisions in the construction contract so that the City's contractor shall make a good faith effort to carefully remove and reuse decorative brick pavers. The pavers shall be re-laid in a similar pattern and location to existing conditions, with no new features added to the re-laid brick. The placement of brick pavers shall be performed in accordance with ADA requirements. These efforts shall be photographically documented by City staff or its consultants. D. If attempts to relocate metal street identification markers and/or brick pavers prove unsuccessful, and the materials are unsalvageable, due to their fragile nature, the City shall provide documentation to INDOT and the SHPO to this effect. INDOT and SHPO shall then consult to discuss alternate mitigation measures to undertake for this project. It is understood that alternate mitigation measures will not be related to the sidewalk construction since changes to the contract at the late stage of the project would be difficult and may delay the completion of the overall project. OBJECTION RESOLUTION PROVISION Disagreement and misunderstanding about how this memorandum of agreement is or is not being implemented shall be resolved in the following manner: A. If the Indiana SHPO or any invited signatory to this memorandum of agreement should object in writing to the FHWA regarding any action carried out or proposed with respect to the improvement of South E Street or implementation of this memorandum of agreement, then the FHWA small consult with the objecting party to resolve this objection. If after such consultation the FHWA determines that the objection cannot be resolved through consultation, then the FHWA shall forward all documentation relevant South E Street (Des.No. 0900114) Final 10/31/11 to the objection to the Council, including the FHWA's proposed response to the objection. Within 45 days after receipt of all pertinent documentation, the Council shall exercise one of the following options: L Provide the FHWA with a staff -level recommendation, which the FHWA shall take into account in reaching a final decision regarding its response to the objection; or ii. Notify the FHWA that the objection will be referred for formal comment pursuant to 36 C.F.R. Section 800.7(c), and proceed to refer the objection and comment. The FHWA shall take into account the Council's comments in reaching a final decision regarding its response to the objection. B. If comments or recommendations from the Council are provided in accordance with this stipulation, then the FHWA shall take into account any Council comment or recommendations provided in accordance with this stipulation with reference only to the subject of the objection. The FHWA's responsibility to carry out all actions under the memorandum of agreement that are not the subjects of the objection shall remain unchanged. 111. POST REVIEW DISCOVERY In the event that one or more historic properties --other than the Old Richmond Historic District, the Richmond Southside Historic District, and the Richmond Bungalow/Cottage Historic District -- are discovered or that unanticipated effects on historic properties are found during the implementation of this memorandum of agreement, the FHWA shall follow the procedure specified in 36 C.F.R. Section 800.13 in effect at that time, as well as and IC 14-21- 1-27 and IC 14-21-1-29, by stopping work in the immediate area and informing the Indiana SHPO and the INDOT Cultural Resources Section of such unanticipated discoveries or effects within two (2) business days. Any necessary archaeological investigations will be conducted according to the provisions of IC 14-21-1, 312 IAC 21, and 312 IAC 22, and the most current Guidebook for Indiana Historic Sites and Structures Inventory — Archaeological Sites. If human remains are encountered, work will be stopped in the immediate area and the County Coroner will be immediately notified. IV. AMENDMENT Any signatory to this memorandum of agreement may request that it be amended, whereupon the parties shall consult to consider the proposed amendment. 36 C.F.R. 800.6(c)(7) shall govern the execution of any such amendment. V. TERMINATION a. If the terms of this memorandum of agreement have not been implemented within ten years of the latest signing date of this memorandum of agreement, then this memorandum of agreement shall be considered null and void. In such an event, the FHWA shall so notify the parties to this memorandum of agreement and, if it chooses to continue with the improvement of South E Street, then it shall reinitiate review of the improvement of South E Street in accordance with 36 C.F.R. Sections 800.3 through 800.7. b. Any signatory to the memorandum of agreement may terminate it by providing thirty (30) days notice to the other parties, provided that the parties shall consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination. In the event of termination, the FHWA shall comply with 36 C.F.R. Sections 800.3 through 800.7 with regard to the review of the improvement of South E Street. South E Street (Des.No. 0900114) Final 10/31/11 c. In the event that the FHWA does not carry out the terms of this memorandum of agreement, the FHWA shall comply with 36 C.F.R. Sections 800.3 through 800.7 with regard to the review of the improvement of South E Street. The execution of this memorandum of agreement by the FWHA and the Indiana SHPO, the submission of it to the Council with the appropriate documentation specified in 36 C.F.R. Section 800.11(e) and (f), and the implementation of its terms evidence that the FHWA has afforded the Council an opportunity to comment on the improvement of South E Street and its effect on historic properties and that the FHWA has taken into account the effects of the improvement of South E Street on historic properties. South E Street (Des.No. 0900114) Final 10/31/11 SIGiNATORiES aired}: FEDERAL�FIIGHW ADMINISTRATION I l`Z1 Signedo r ��by: ~ -. �v� Date: � r r Name and Tfi ii'-t.i� ��nvSY�tRfN�vir�a���FCtA�1Cfi (Typed or printed) South E Street (Des.No. 0900114) Final 10/31/11 SIGNATORIES (required): INDIANA ST ISTORIC PRESEVATIA OFFICER j Signed by: Date., !z l l Name and Title: J 6-w � A - c (Typed or printed) South E Street (Des. No. 0900114) Final 10/31/11 INVITEE} SIGNATORIES INDIANA DEPARTMENT OF TRANSPORTATION Signed by: �R� bate: 10 ov : { Name and Title: _ shy d P` a In- L. � jjl!CPU '�t� i t� 9� l� r ITS d rt c r� South. E Street (Des. No. 0900114) Final 10/31/1 f INVITED SIGNATORIES CITY OF RICHMOND BOARD F PUBLIC WORKS Vicki Robinson, President i �t�l� 1 u►L.�._ @Zter, Member CD!Mx Sarah L. Hutton, Mayor Date: South E Street (Des. No. 0900114) Final 10/31/11