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HomeMy WebLinkAbout4638 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4638 US HOUSING & URBAN DEVELOPMENT - DEPT OF Westpark Redevelopment Master Plan Comm Devel LEG 12-1 07/03/2007 07/02/4014 05/01/2014 Null & void if terms not carried out w/in 7 years or by conclusion of construction of Master Plan MEMORANDUM OF AGREEMENT BETWEEN U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH ITS RESPONSIBLE ENTITIY, THE CITY OF BREMERTON, THE HOUSING AUTHORITY OF THE CITY OF BREMERTON, AND THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER REGARDING THE WESTP ARK REDEVELOPMENT MASTER PLAN, BREMERTON, WASHINGTON WHEREAS, the U.S. Department of Housing and Urban Development (HUD), through its Responsible Entity, the City of Bremerton (City), and the Housing Authority of the City of Bremerton (BHA) determined that the Westpark Master Plan (the undertaking) may have an adverse effect on the Westpark site, which is eligible for the National Register of Historic Places, and has consulted with the Washington State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (16 US.C. Section 470f); and WHEREAS, the City, as the Responsible Entity, has been designated to act on behalf of HUD for the purposes of compliance with Section 106, and thus all references herein to HUD shall be construed to mean the City and the City shall act as signatory for HUD; and WHEREAS, HUD has consulted with the BHA regarding the effects of the undertaking on the Westpark site and has invited the organization to sign this MOA as an invited signatory, and the BHA will have financial responsibility for implementing the stipulations set forth in this agreement; and WHEREAS, in accordance with 36 CFR Section 800.6(a)(1), HUD has notified the Advisory Council on Historic Preservation (Council) of its adverse effect determination with specified documentation and the Council has chosen not to participate in the consultation pursuant to 36 CFR Section 800.6(a)(1 )(iii); WHEREAS, the purpose of this agreement is to identify the responsibilities of the parties with regard to cultural resources, and to specify measures that will adequately address adverse effects; NOW, THEREFORE, HUD, BHA, and the Washington SHPO (the "parties") agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account its effect on historic properties. HUD shall ensure that the following measures are carried out: I. STIPULATIONS A RECORDS PRESERVATION The BHA possesses a significant number of original blueprints, photographs, drawings, paintings and other documents associated with the planning; design, construction, operation, and maintenance of Westpark. BHA, in consultation with the SHPO and other interested parties, shall conserve and archive such historical material related to Westpark. Acceptable facilities for shall conserve and archive such historical material related to Westpark. Acceptable facilities for donation, loan and/or curation will be selected in consultation with the SHPO. The BHA will be responsible for the costs associated with cataloguing, archiving and storage of historical materials. B. HISTORIC DISPLAY OR EXHIBIT 1. The BHA shall identify a suitable location accessible to the public for the display of historic photos, paintings, drawing and/or models related to Westpark. An on-site location, such as the existing community center or BHA administrative offices, is preferred, but an off-site location is acceptable if a suitable public facility on site is not included in the final master plan. 2. The site, contents, and design of the display shall be developed in consultation with the SHPO and other interested/appropriate parties. C. STREET NAMES The BHA shall name one or more streets within the Westpark redevelopment as a reminder of persons associated with the site's history. D. WEB SITE/ELECTRONIC MEDIA The BHA shall, in consultation with SHPO, develop a website or other electronic media about the history of West park. The objective is to provide a long-term, easily accessible reminder of Westpark's history, and a variety of media may accomplish the objective. This information may contain or be excerpted from the 2007 Historic and Cultural Resources Report (NW AA) and include photographs, maps and other illustrative material. E. ARCHAEOLOGICAL MONITORING AND INADVERTENT DISCOVERY PLAN An archaeological monitoring and inadvertent discovery plan shall be implemented in conjunction with development approval and made available onsite to construction and supervisory personnel. The plan, contained as Attachment A of this agreement, provides the procedures to be followed during planned monitoring, see F below, or incase archaeological materials or human remains are inadvertently discovered during construction, a list of persons and agencies to be contacted, and instructions for contacting the responsible parties. F. ARCHAEOLOGICAL MONITORING 1. Any subsurface excavation, including geotechnical borings, at the outfall along Oyster Bay shall be monitored by a professional archaeologist. 2. Pre-construction environmental testing and remediation studies are anticipated in the area of the Section 16 Refuse Disposal site, field number WPR 06-02. Any such testing involving minor disturbance of soils within or adjacent to the Refuse Disposal site shall be monitored by a professional archaeologist. 3. Concurrent with preparation of a Phase II Environmental Site Assessment, or any activity involving significant excavation (defined as removal of more than 100 cubic yards of soil, BHA shall submit to HOD a detailed plan of investigation to determine the presence and/or significance of any historic resources identified in the course of excavation. 2 donation, loan and/or curation will be selected in consultation with the SHPO. The BHA will be responsible for the costs associated with cataloguing, archiving and storage of historical materials. B. HISTORIC DISPLAY OR EXHIBIT 1. The BHA shall identify a suitable location accessible to the public for the display of historic photos, paintings, drawing and/or models related to Westpark. An on-site location, such as the existing community center or BHA administrative offices, is preferred, but an off-site location is acceptable if a suitable public facility on site is not included in the final master plan. 2. The site, contents, and design of the display shall be developed in consultation with the SHPO and other interested/appropriate parties. C. STREET NAMES The BHA shall name one or more streets within the Westpark redevelopment as a reminder of persons associated with the site's history. D. WEB SITE/ELECTRONIC MEDIA The BHA shall, in consultation with SHPO, develop a website or other electronic media about the history of West park. The objective is to provide a long-term, easily accessible reminder of Westpark's history, and a variety of media may accomplish the objective. This information may contain or be excerpted from the 2007 Historic and Cultural Resources Report (NW AA) and include photographs, maps and other illustrative material. E. ARCHAEOLOGICAL MONITORING AND INADVERTENT DISCOVERY PLAN An archaeological monitoring and inadvertent discovery plan shall be implemented in conjunction with development approval and made available onsite to construction and supervisory personnel. The plan, contained as Attachment A of this agreement, provides the procedures to be followed during planned monitoring, see D below, or in case archaeological materials or human remains are inadvertently discovered during construction, a list of persons and agencies to be contacted, and instructions for contacting the responsible parties. F. ARCHAEOLOGICAL MONITORING 1. Any subsurface excavation, including geotechnical borings, at the outfall along Oyster Bay shall be monitored by a professional archaeologist. 2. Pre-construction environmental testing and remediation studies are anticipated in the area of the Section 16 Refuse Disposal site, field number WPR 06-02. Any such testing involving minor disturbance of soils within or adjacent to the Refuse Disposal site shall be monitored by a professional archaeologist. 3. Concurrent with preparation of a Phase II Environmental Site Assessment, or any activity involving significant excavation (defined as removal of more than 100 cubic yards of soil), BHA shall submit to HUD a detailed plan of investigation to determine the presence and/or significance of any historic resources identified in the course of excavation. 4. If excavation and/or redevelopment of the Refuse Disposal Site is proposed, BHA shall prepare and submit to HUD a report identifying the presence of any historic resources and 2 assessing their eligibility for listing in the National Register. In addition to any permits required for excavation, remediation or redevelopment, the BHA shall obtain the approval of the SHPO prior to commencing activities. II. DURATION. This agreement will be null and void if its terms are not carried out within seven (7) years from the date of its execution or by the conclusion of construction of the Westpark Master Plan, whichever occurs sooner. Prior to such time, the parties may consult with the other signatories to reconsider the terms ofthe agreement and amend it in accordance with Stipulation VI below. III. POST -REVIEW DISCOVERIES If potential historic properties are discovered or unanticipated effects on historic properties found, HUD, the BHA or its contractors shall implement the discovery plan included as attachment A of this agreement. IV. MONITORING AND REPORTING Each year following the execution of this agreement until it expires or is terminated, HUD shall provide all parties to this agreement a summary report detailing work undertaken pursuant to its terms. Such report shall include any scheduling changes proposed, any problems encountered, and any disputes and objections received in the HUD's efforts to carry out the terms of this agreement. Failure to provide such summary report may be considered a breach of the terms of this MOA pursuant to Section VI, below. V. DISPUTE RESOLUTION Should any party to this agreement object at any time to any actions proposed or the manner in which the terms of this MOA are implemented, HUD shall consult with the objecting party(ies) to resolve the objection. If HUD determines, within 30 days, that such objection(s) cannot be resolved, HUD will: A. Forward all documentation relevant to the dispute to the council in accordance with 36 CFR Section 800.2(b )(2). Upon receipt of adequate documentation, the Council shall review and advise HUD on the resolution of the objection within 30 days. Any comment provided by the Council, and all comments from the parties to the MOA, will be taken into account by HUD in reaching a final decision regarding the dispute. B. If the Council does not provide comments regarding the dispute within 30 days after receipt of adequate documentation, HUD may render a decision regarding the dispute. In reaching its decision, HUD will take into account all comments regarding the dispute from the parties to the MOA. C. The parties' responsibility to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged. HUD will notify all parties of its 3 decision in writing before implementing that portion of the Undertaking subject to dispute under this stipulation. HUD's decision will be final. VI. AMENDMENTS AND NONCOMPLIANCE If any signatory to this MOA determines that its terms will not or cannot be carried out or that an amendment to its terms must be made, that party shall immediately consult with the other parties to develop an amendment to this MOA pursuant to 36 CFR ~ 800.6(c)(7) and 800.6(c)(8). The amendment will be effective on the date a copy signed by all of the original signatories is filed with the Council. If the signatories cannot agree to appropriate terms to amend the MOA, any signatory may terminate the agreement in accordance with Section VII, below. VII. TERMINATION If an MOA is not amended following the consultation set out in Stipulation VI., it may be terminated by any signatory or invited signatory. Within 30 days following termination, HUD shall notify the signatories if it will initiate consultation to execute an MOA with the signatories under 36 CFR S 800.6(c)(l) or request the comments of the council under 36 CFR S 800.7(a) and proceed accordingly. Execution ofthis Memorandum of Agreement by HUD, the Washington SHPO and BHA, the submission of documentation and filing of this Memorandum of Agreement with the Council pursuant to 36 CFR S 800.6(b)(l)(iv) prior to the HUD's approval of this undertaking, and implementation of its terms evidence that HUD has taken into account the effects of this undertaking on historic properties and afforded the Council an opportunity to comment. SIGNA TORIES: Date: ~ /2-8 /'2007 I I eservation Officer: Date: 1-/ siC) ?- Allyson Brooks, State Historic Preservation Officer 4 INVITED SIGNATORIES: Housing, ~hority of the City of Bremerton: . /k tJAMC ( Kurt Wiest, Executive Director Housing Authority of the City of Bremerton 5 Date: t:./(.~/o7 I ATTACHMENT A CONSTRUCTION MONITORING AND INADVERTENT DISCOVERY PLAN FOR THE WESTP ARK REDEVEL"OPMENT PROJECT BREMERTON, WASHINGTON INTRODUCTION The U.S. Department of Housing and Urban Development (RUD), through its Responsible Entity, the City of Bremerton (City) and the Housing Authority of the City of Bremerton (BRA), is proposing to redevelop Westpark from a low-income, public housing development, to a mixed-use and mixed-income community within the city of Bremerton, Washington. Westpark was built in 1940-41 to provide housing for defense workers and their families during the World War II era. The redevelopment project includes: razing the existing housing units, reconfiguring most of the roads, installation of new utilities, and construction of new housing and commercial/retail facilities. The City has determined that the proposed redevelopment of West park is an undertaking and therefore subject to provisions of the National Historic Preservation Act of 1966, as amended (NHP A). BRA, through its consultant Northwest Archaeological Associates, Inc. (NW AA), completed a cultural resource study for the proposed project, which included survey and limited subsurface testing. The cultural resource study recommended development and implementation of a Construction Monitoring and Inadvertent Discovery Plan prior to project construction. The purpose of this Plan is to execute this recommendation. Marathon Development, BHA's on-site development manager, is given responsibility to implement this plan. In the event that archaeological materials are encountered during construction activities, this document. serves as the plan for dealing with any inadvertent discoveries of human remains, artifacts, sites, or any other cultural resources during the project AFFECTED TRIBE The Indian Tribe affected by this Project is the Suquamish Tribe. Pre-contact human remains and cultural resources discovered during this project will be presumed to be of Suquamish ancestry and will, at all times, be treated with dignity and respect. SPECIFICATIONS Specifications shall be included in construction bid documents indicating that cultural resource considerations are included under the environmental monitoring program associated with the project. Specifications will note that the Contractor's personnel shall be familiar with indicators of potential cultural resource discoveries and with procedures required in the event that cultural resources are encountered during construction. Part of this responsibility will include attending or participating in a pre-construction meeting. PRE-CONSTRUCTION MEETING Westpark Redevelopment Project Monitoring and Discovery Plan Page 2 of6 The contractor's supervisory personnel shall attend a briefing on cultural resource issues prior to beginning construction activities. The contractor and construction crew shall meet with the archaeologist to go over cultural resource issues and the procedures set forth herein. Contractor personnel shall be familiar with indicators of potential cultural resource discoveries. Contractor's personnel shall also be familiar with investigative procedures required in the event that cultural resources are encountered during construction. MONITORING OF GROUND DISTURBING ACTIVITIES Monitoring of construction excavation by a professional archaeologist during the entire course of the Westpark Project is unnecessary. Two locations have been identified for archaeological monitoring: 1. Oyster Bay - any subsurface excavation, including geotechnical borings, at the outfall along Oyster Bay shall be monitored if excavation extends beyond fill into native sediments. The Suquamish Tribe should be notified of any excavation along Oyster Bay. 2. Section 16 Refuse Disposal site - pre-construction environmental testing and remediation studies involving minor disturbance of soils within or adjacent to this site shall be monitored by a professional archaeologist. Any additional excavation is likely to require a permit from DAHP, per Title 27.53 Revised Code of Washington. MONITORING PROCEDURES The purpose of archaeological monitoring is to identifY archaeological resources and to assess the significance of resources in a rapid, cost-effective manner. Generally, archaeologists · Will observe construction equipment work and soil removal from multiple perspectives around and in front of working equipment, requiring close communication with construction supervisors, equipment operators, and grade checkers. · Will be safely stationed on the edge of a trench, or near a trackhoe bucket to observe trench sidewalls as they are excavated. · Will coordinate closely with construction personnel to enter an excavation trench or similar type of shored, enclosed space. · May examine backdirt removed from excavations, if the material is placed on the ground surface prior to removal. Communication Protocol The Archaeological Monitor will communicate with the on-site City/BHA Representative, Marathon Development, to make general requests about equipment movement, placement of back dirt for examination, or to access trench or foundation excavations. The Monitor also may need to communicate with excavation equipment operators to determine appropriate timing and procedures to access Westpark Redevelopment Project Monitoring and Discovery Plan Page 3 of6 construction excavation areas such as trenches or open excavations. The Monitor may direct the equipment operator to stop excavation, but will notifY Marathon Development prior to communicating excavation procedures directly to the equipment operator. After notifYing Marathon Development the Monitor may request equipment operators to remove thin lifts of fill or sterile sediment to provide more extensive horizontal exposures. Work Stoppage If the Monitor determines that archaeological resources that are considered significant may be exposed by construction excavation in a particular area, the Monitor may ask Marathon Development to request equipment operators to modifY construction excavation procedures to provide exposures of subsurface stratigraphy, in order to confirm the presence of any such resources in that area. Some areas may be cordoned off to allow more time to expose, document, and evaluate possible archaeological deposits. Work may be stopped in an area sufficient to assess resources that may be significant and time will be provided for additional evaluation by field archaeologists. If Marathon Development cannot be reached immediately, then the on-site Construction Contractor Crew Supervisor would be alerted. If significant or potentially significant archaeological resources are identified during construction, the archaeological contractor will inform Marathon Development. Marathon Development will halt activity in the area of discovery large enough to ensure that integrity of the find is not compromised (construction activities may continue elsewhere in the project area). Marathon Development will contact the City, BHA, DAHP and the Suquamish Tribes within 24 hours (See Contact List) PROCEDURES FOR THE INADVERTENT DISCOVERY OF CULTURAL RESOURCES If any City, BHA, or Marathon Development employee, contractors or subcontractors believes that he or she has inadvertently uncovered any cultural resource at any point in the project, all work adjacent to the discovery shall cease. The area of work stoppage will be adequate to provide for the security, protection, and integrity of the archaeological discovery. At a minimum, the immediate area of the discovery will be secured to a distance of thirty (30) feet. Vehicles, equipment, and unauthorized personnel will not be permitted to traverse the discovery site. Work in the immediate area will not resume until treatment of the discovery has been completed following provisions for treating archaeological/cultural material as set forth in this document. A cultural resource discovery could be pre-contact or historic and may include, but not be limited to: . areas of charcoal or charcoal- stained soil and stones, . stone tools or waste flakes (i.e. an arrowhead, or stone chips), . bones, burned rocks, or other food remains in association with stone tools or chips, . or a cluster of tin cans or bottles, logging or agricultural equipment older than 50 years. The on site personnel will contact Marathon Development and they in turn will contact the City, BHA, the consulting archaeologist, and DAHP. The consulting archaeologist will evaluate whether the discovered cultural resources are potentially eligible for listing in the NRHP. Westpark Redevelopment Project Monitoring and Discovery Plan Page 4 of6 Upon discovery of potential pre-contact properties as defined in the National Historic Preservation Act of 1966, P.L. 89-665, 16 U.S.c. Section 470 et seq. (NHPA) or human remains and other cultural items as defined by the Native American Graves Protection and Repatriation Act of 1990, P.L. 101-601,25 U.S.C. Section 3001 et seq. (NAGPRA), Marathon Development shall immediately call the contacts listed to inform the parties of the discovery, but in any event, no later than within twenty-four (24) hours of the discovery. If the discovery is made after Tribal business hours, the City shall contact the Suquamish Tribal Police Department Duty Officer at 911. If requested, ajoint viewing of the discovery by City, the Tribe, and other participating parties (DAHP) will be scheduled within forty-eight (48) hours of the notification, or at the earliest possible time. If the site is determined eligible, the participating parties will consult to determine the appropriate treatment. Treatment measures may include protection in place or data recovery such as mapping, photography, limited probing and sample collection, or other activity deemed appropriate by the consulting parties PROCEDURES FOR THE DISCOVERY OF HUMAN SKELETAL MATERIAL Any human remains that are discovered during this project will at all times be treated with dignity and respect. If any project employee or one of its contractors or subcontractors believes that he or she has made an unanticipated discovery of human skeletal remains, all work adjacent to the discovery shall cease. The area of work stoppage will be adequate to provide for the security, protection, and integrity of the archaeological discovery. At a minimum, the immediate area of the discovery will be secured to a distance of thirty (30) feet. Vehicles, equipment, and unauthorized personnel will not be permitted to traverse the discovery site. Work in the immediate area will not resume until treatment of the discovery has been completed as set forth in this document. Marathon Development shall immediately notify the Bremerton police and Kitsap County Coroner to have them determine whether the remains are part of a crime scene. Contemporaneous with notifying the Coroner, Marathon Development shall also notify the City, BHA, DAHP, the Tribe, and the project consulting archaeologist. Human remains and associated funerary objects shall remain in place, unwashed, uncleaned and without analysis, with minimal disturbance by the Coroner in completing his or her work. After elimination of the site as a crime scene, Marathon Development shall continue to maintain the remains and any associated funerary objects in place, unwashed, unexamined and undisturbed. The ethnic origin, or ancestry, of the discovered human remains will be determined through consultation with the City, DAHP, the Kitsap County Coroner, and the Tribe. The City shall give due consideration to and honor, to the extent possible, any request by the Tribe to leave the remains and/or other cultural items undisturbed and in place. Should the Tribe request to conduct ceremonies or other traditional activities with respect to the human remains at the site where the remains were found the City will accommodate such requests to the maximum practical extent possible. Westpark Redevelopment Project Monitoring and Discovery Plan Page 5 of6 If the human skeletal remains are determined to be Native American, the participating parties will consult to determine what treatment is appropriate for the human remains. If disinterment of Native American human remains becomes necessary, the participating parties will jointly determine the final custodian of the human skeletal remains for re-interment. The City will make a good faith effort at accommodating requests from the Tribe to be present after they are notified of discoveries, and prior to the implementation of mitigation measures related to human skeletal remains. CONFIDENTIALITY OF INFORMATION Except for confidential internal communications and documentation required by law, the City, BHA, and Marathon Development shall not record, map, describe, or otherwise report on any discovery in any form until consulting with and obtaining the prior consent of the Tribe. The City and Marathon Development shall make its best efforts to ensure that its appropriate personnel, contractors, and permittees keep the discovery of any found or suspected human remains, other cultural items, and potential historic properties confidential, including but not limited to, refraining from contacting the media or any third party or otherwise sharing information regarding the discovery with any member of the public. Westpark Redevelopment Project Monitoring and Discovery Plan Page 6 of6 CONTACT INFORMATION / LEAD REPRESENTATIVE The City of Bremerton Andrea Spencer, Community Deve]opment Director 345 6th Street, 6th F]oor Bremerton, W A 98337 (360) 473-5283 Bremerton Housing Authority c/o Marathon Deve]opment Kathryn Jerkovich 409 Pacific Avenue Bremerton, WA 98337 (253) 740-4489 Washington Department of Archaeology and Historic Preservation (DAHP) 1063 South Capito] Way, Suite ]06 Olympia, WA 98501 Dr. Allyson Brooks, SHPO (360) 586-3066 Allyson.Brooks@dahp.wa.gov Stephenie Kramer (360) 586-3083 Stephenie.Kramer@dahp.wa.gov Suquamish Tribe Dennis Lewarch P.O. Box 498 Suquamish, W A 98392-0498 (360) 394-8529 d]ewarch@suquamish.nsn.us Kitsap County Coroner Greg Sandstrom 6] 4 Division Street, MS-] 7 Port Orchard, W A 98366 (360) 337-7077 Bremerton Police Department 9] ] Northwest Archaeological Associates, Inc. (NW AA) 5418 20th Ave NW, Suite 200 Seattle, W A 98107 Mike Shong (Monitoring Coordinator) (206) 781-1909 mshong@northwestarch.com Christian J. Miss (Principal) (206) 781-1909 cjmiss@northwestarch.com