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