Common use of POST-REVIEW DISCOVERIES Clause in Contracts

POST-REVIEW DISCOVERIES. A. ARHA and/or its assignees shall ensure that the following provision is included in all construction contracts: “If previously unidentified historic properties or unanticipated effects to historic properties are discovered during construction, the construction contractor shall immediately halt all activity within a one hundred (100) foot radius of the discovery, notify ARHA and/or its assignees of the discovery and implement interim measures to protect the discovery from looting and vandalism.” B. Immediately upon receipt of the notification required in the above Stipulation, ARHA and/or its assignees shall: 1. inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and 2. clearly mark the area of the discovery; and 3. implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and 4. have a City archeologist inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and 5. notify the City, the SHPO and other Concurring Parties of the discovery describing the measures that have been implemented to comply with this Stipulation C. Upon receipt of the information required in the above Stipulation, the City shall provide ARHA, the SHPO and other Concurring Parties with its assessment of the NRHP eligibility of the discovery and the measures proposed to resolve adverse effects. In making its evaluation, the City, in consultation with the SHPO, may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 C.F.R. § 800.13(c). ARHA, the SHPO and other Concurring Parties shall respond to the City’s assessment within forty-eight (48) hours of receipt. D. The City will take into account the SHPO, ACHP and other Concurring Parties’ recommendations on eligibility and treatment of the discovery and will notify the ARHA of any appropriate required actions. ARHA must comply with the required actions and provide the City and Concurring Parties with a report on the actions when implemented. Any actions that the City deems appropriate for ARHA to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If ARHA fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15). E. Construction activities may proceed in the area of the discovery, when the City has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation are complete. The City will not reasonably withhold its determination and approval so as the development’s required Placed In Service date is met in accordance with Section 42 of the Internal Revenue Code. F. The City shall ensure that all other activities outlined in this MOA that are not the subject of the discovery shall be implemented while the discovery is addressed.

POST-REVIEW DISCOVERIES. A. a. ARHA and/or its assignees shall ensure that the following provision is included in all construction contracts: “If previously unidentified historic properties or unanticipated effects to historic properties are discovered during construction, the construction contractor shall immediately halt all activity within a one hundred (100) foot radius of the discovery, notify ARHA and/or its assignees of the discovery and implement interim measures to protect the discovery from looting and vandalism” (the Stipulation).” B. b. Immediately upon receipt of the notification required in the above Stipulation, ARHA and/or its assignees shall: 1. inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and 2. clearly mark ▇▇▇▇ the area of the discovery; and 3. implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and 4. have a City archeologist inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and 5. notify the City, the SHPO and other Concurring Consulting Parties of the discovery describing the measures that have been implemented to comply with this Stipulation. C. c. Upon receipt of the information required in the above Stipulation, the City shall provide ARHA, the SHPO and other Concurring Consulting Parties with its assessment of the NRHP eligibility of the discovery and the measures proposed to resolve adverse effects. In making its evaluation, the City, in consultation with the SHPO, may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 C.F.R. CFR § 800.13(c). ARHA, the SHPO and other Concurring Parties consulting parties shall respond to the City’s assessment within forty-eight (48) hours of receipt. D. d. The City will take into account the SHPO, ACHP and other Concurring Consulting Parties’ recommendations on eligibility and treatment of the discovery and will notify the ARHA of any appropriate required actions. ARHA must comply with the required actions and provide the City and Concurring Consulting Parties with a report on the actions when implemented. Any actions that the City deems appropriate for ARHA to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If ARHA fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15). E. e. Construction activities may proceed in the area of the discovery, when the City has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation are complete. The City will not reasonably withhold its determination and approval so as the development’s required Placed In Service date is met in accordance with Section 42 of the Internal Revenue Code. F. The City shall ensure that all other activities outlined in this MOA that are not the subject of the discovery shall be implemented while the discovery is addressed.

POST-REVIEW DISCOVERIES. A. ARHA and/or its assignees shall ensure that Section 107.16(d) of the following provision is included in VDOT's Road and Bridge Specifications govern all VDOT construction contracts: “If previously unidentified historic properties or unanticipated effects to historic properties are discovered during construction, contracts and require the construction contractor shall to act immediately halt all activity within a one hundred (100) foot radius of to suspend work at the discovery, notify ARHA and/or its assignees site of the discovery of any previously unidentified archaeological resource encountered during construction and implement interim measures to protect notify the discovery from looting and vandalismVDOT Project Engineer.” B. Immediately upon receipt of notification of the notification required in post-review discovery by the above Stipulationcontractor, ARHA and/or its assignees the VDOT shall: 1. inspect Inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and; 2. clearly mark Clearly ▇▇▇▇ the area of the discovery; and; 3. implement Implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and 4. have Have a City qualified archeologist meeting the requirements of Stipulation IX of this Agreement inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and. 5. C. Within 48 hours of the discovery, the VDOT shall notify the Norfolk District, the SHPO, the ACHP, the City, the SHPO and other Concurring Parties consulting parties of the discovery discovery, describing the measures that have been implemented to comply with this Stipulation. In the case of prehistoric or historic Native American sites, the VDOT shall also notify appropriate tribal leaders and the Virginia Council on Indians (VCI). C. D. Upon receipt of the information required in the above StipulationStipulation VII.B, the City Norfolk District shall provide ARHAthe VDOT, the SHPO SHPO, the ACHP, the City, and other Concurring Parties consulting parties with its assessment of the NRHP eligibility of the discovery and the measures proposed to resolve any adverse effects. In making its evaluation, the CityNorfolk District, in consultation with the SHPO, may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 C.F.R. CFR § 800.13(c). ARHAThe VDOT, the SHPO SHPO, the ACHP, the City, and other Concurring Parties consulting parties shall respond to the CityNorfolk District’s assessment within forty-eight (48) hours of receipt. D. E. The City will Norfolk District shall take into account the recommendations of the SHPO, ACHP the ACHP, the City, and other Concurring Parties’ recommendations consulting parties on eligibility and treatment of the discovery and will notify the ARHA VDOT of any appropriate required actions. ARHA VDOT must comply with the required actions and provide the City Norfolk District and Concurring Parties consulting parties with a report on the actions when implemented. Any actions that the City Norfolk District deems appropriate for ARHA VDOT to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit Permit and become conditions to the permitPermit. If ARHA VDOT fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15)Permit. E. F. Construction activities may proceed in the area of the discovery, discovery when the City Norfolk District has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation are is complete. The City will not reasonably withhold its determination and approval so as the development’s required Placed In Service date is met in accordance with Section 42 of the Internal Revenue Code. F. The City shall ensure that all other activities outlined in this MOA that are not the subject of the discovery shall be implemented while the discovery is addressed.

POST-REVIEW DISCOVERIES. A. ARHA and/or its assignees The Permittee shall ensure that the following provision is included in all construction contracts: “If previously unidentified historic properties or unanticipated effects to historic properties are discovered during construction, the construction contractor shall immediately halt all activity within a one hundred (100) foot radius of the discovery, notify ARHA and/or its assignees the ▇▇▇▇▇ River Water Authority of the discovery and implement interim measures to protect the discovery from looting and vandalism.” B. Immediately upon receipt of the a notification required by the contract provision described in Stipulation IX.A., the above Stipulation, ARHA and/or its assignees Permittee shall: 1. inspect Inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and; 2. clearly Clearly mark the area of the discovery; and; 3. implement Implement additional measures, as appropriate, to protect minimize risk to the discovery from looting and vandalism; and; 4. have Have a City professional archeologist inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and 5. notify Notify the CityCorps, the SHPO SHPO, and other Concurring Parties consulting parties of the discovery describing and describe the measures that have been implemented to comply with this Stipulation. C. Upon receipt of the information required in the above StipulationStipulation IX.B.5., the City Corps shall provide ARHAthe Permittee, the SHPO SHPO, and other Concurring Parties consulting parties with its assessment of the NRHP eligibility of the discovery and the measures proposed to avoid or resolve any adverse effectseffects within five (5) business days. In making its evaluation, the CityCorps, in consultation with the SHPO, may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 C.F.R. § 800.13(c). ARHAIf the Permittee, the SHPO SHPO, and other Concurring Parties shall consulting parties wish to respond to the City’s assessment Corps’ assessment, they must do so within forty-eight (48) hours of receipt. D. The City will Corps shall take into account the SHPO, ACHP ’s and other Concurring Partiesconsulting parties’ recommendations on eligibility and treatment of the discovery and will determine which actions, if any, are appropriate for the Permittee to take with regard to the discovery. The Corps shall notify and provide documentation to the ARHA Permittee regarding any such appropriate actions that are required within forty-eight (48) hours of any appropriate required actionsreceipt. ARHA The Permittee must comply with the required actions and provide the City Corps, the SHPO, and Concurring Parties consulting parties with a report on the actions when implemented. Any actions that the City deems appropriate for ARHA to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If ARHA fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15). E. Construction activities may proceed in the area of the discovery, discovery when the City Corps has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation IX.D are complete. The City will not reasonably withhold its determination and approval so as the development’s required Placed In Service date is met in accordance with Section 42 of the Internal Revenue Code. F. The City shall ensure that all other activities outlined in this MOA that are not the subject of the discovery shall be implemented while the discovery is addressed.