Common use of POST-REVIEW DISCOVERIES Clause in Contracts

POST-REVIEW DISCOVERIES. If FTA and CTA determine after construction has commenced that Project activities will affect a previously unidentified archaeological or historical resource that may be eligible for the NRHP, or affect a known resource in an unanticipated manner, FTA will address the discovery or unanticipated effect in accordance with 36 CFR § 800.13(a)(2). FTA, at its discretion, may assume any unanticipated discovered property to be eligible for inclusion in the NRHP, pursuant to 36 CFR § 800.13(c). If human remains or archaeological sites are inadvertently discovered, or unanticipated effects on historic properties are found, then CTA will implement the following procedures: A. Regarding the unanticipated discovery of human remains or burials during demolition or construction activities, CTA will comply with the Illinois Human Skeletal Remains Protection Act (20 ILCS 3440) as administered by the SHPO and will follow the following procedures: i. Upon encountering human remains or an unmarked human burial during ground disturbing construction activities, CTA will ensure that the construction contractor immediately stops work within a 150-foot radius from the point of discovery. CTA will ensure that the construction contractor implements interim measures to protect the discovery from vandalism and looting but must not remove or otherwise disturb and human remains or other items in the immediate vicinity of the discovery. ii. CTA will notify the County Coroner, FTA, SHPO, the Tribes, and their interested parties within 48 hours of the discovery. CTA/FTA will contact, by phone, the point of contact for each interested Tribe of the discovery. iii. The County Coroner will determine jurisdiction. If the remains are older than 100 years, the County Coroner will transfer jurisdiction to SHPO. iv. In coordination with SHPO, CTA will determine if the skeletal remains are human, the degree to which they were disturbed, and if possible, assess their potential age and cultural affiliation without any further disturbance. v. CTA/FTA is responsible for notifying the Tribes within 24 hours of SHPO’s findings. vi. If it is determined by SHPO that intact or fragmented human remains are present and they are Native American, CTA will consult with SHPO, FTA, the Tribes, and other interested parties regarding additional measures to avoid, and protect or mitigate, the adverse effect of the project on the human remains and burial site. These measures may include: a. Formal archaeological evaluation of the site; b. If the remains are determined to be Native American, consultation with the Tribes will be required; c. Visits to the site by the SHPO, the Tribes, and other interested parties; exploration of potential alternatives to avoid the human remains or burial; d. Implementation of a mitigation plan by CTA including procedures for disinterment and re-interment; and

POST-REVIEW DISCOVERIES. If FTA and CTA determine A. If, after construction has commenced commenced, FTA and Metra determine that the Project activities will affect a previously unidentified archaeological or historical and/or architectural resource that may be eligible for the NRHP, or affect a known resource historic property in an unanticipated manner, FTA will address the discovery or unanticipated effect in accordance with 36 CFR C.F.R. § 800.13(a)(2)800.13, as outlined in the process below. FTA, at its discretion, may assume any unanticipated discovered property to be eligible for inclusion in the NRHP, pursuant to 36 CFR § C.F.R.§ 800.13(c). If human remains or archaeological sites are inadvertently discovered, or unanticipated effects on historic properties are found, then CTA Metra will implement the following procedures:. A. B. Regarding the unanticipated discovery of human remains or burials during demolition or construction activities, CTA Metra will follow the process outlined below and comply with the Illinois Human Skeletal Remains Protection Act (20 ILCS 3440) ), as administered by the SHPO necessary and will follow the following procedures:appropriate. i. 1. Upon encountering possible human remains or an unmarked human burial during ground disturbing construction activities, CTA Metra will ensure that the construction contractor immediately stops work within a 150-foot radius from the point of discovery. CTA Metra will ensure that the construction contractor implements interim measures to protect the discovery from vandalism and looting looting, but the construction contractor must not remove or otherwise disturb and any human remains or other items in the immediate vicinity of the discovery. ii2. CTA Metra will notify the County Coroner, FTA, SHPO, the Tribes, and their other interested parties not already participating as a Consulting Party within 48 hours of the discovery. CTA/Metra or FTA will contact, by phone, and inform the point of contact for each interested Tribe of the discovery. Metra and the Tribes may each identify other interested parties for FTA and SHPO approval. iii3. The County Coroner will determine jurisdiction. If the remains are less than 100 years old, no further action is required pursuant to this MOA or under the Illinois Human Remains Protection Act. If the remains are older than 100 years, the County Coroner will transfer jurisdiction to SHPO. iv4. In coordination with If jurisdiction is transferred to the SHPO, CTA Metra and their Preservation Lead will determine if the skeletal remains are human, the degree to which they were disturbed, and if possible, assess their potential age and cultural affiliation without any further disturbance. Metra will present these findings to FTA and SHPO. v. CTA/5. FTA is responsible for notifying the Tribes within 24 hours one (1) business day of SHPO’s agreement with Metra’s findings. vi6. If it is determined by SHPO that intact or fragmented human remains are present and that they are likely Native American, CTA Metra will consult with SHPO, FTA, the Tribes, and other interested parties regarding additional measures to avoid, and protect avoid or mitigate, the adverse effect of the project on determine a treatment plan for the human remains and burial site. These measures The treatment plan may include: a. Formal archaeological evaluation of the site; b. If the remains are determined to be Native American, consultation with the Tribes will be required; c. Visits to the site by the SHPO, the Tribes, and other interested parties; exploration of potential alternatives to avoid the human remains or burial;; and d. Implementation of a mitigation plan by CTA including procedures c. Procedures for disinterment and re-interment; and; 7. SHPO and FTA will issue approval to resume construction following completion of the fieldwork component of the treatment plan. C. Regarding the unanticipated discovery of archaeological resources that do not include human remains, Metra will comply with the following procedures: 1. Metra will immediately cease all ground-disturbing activities within 150 feet of the discovery. 2. Metra will notify FTA, SHPO, and the Tribes within two (2) business days from the time of the discovery. 3. Metra, in consultation with FTA and SHPO, will conduct an on-site evaluation of the discovery. An SOI-Qualified archaeologist from Metra’s Preservation Lead will investigate the discovery and make recommendations to FTA regarding eligibility, effects, and a course of action to protect the site, as necessary. 4. FTA will provide a determination of eligibility and effects on the site to Signatories and Consulting Parties with an interest in the potential archaeological resources associated with the discovery, as determined by FTA. FTA will also provide recommended measures to avoid or reduce harm, as necessary. 5. Signatories and Consulting Parties with an interest in the potential archaeological resources associated with the discovery will review and provide comments on FTA’s determination of eligibility, effects, and measures to avoid or reduce harm within fifteen

POST-REVIEW DISCOVERIES. If FTA and CTA determine A. If, after construction has commenced commenced, FTA and Metra determine that the Project activities will affect a previously unidentified archaeological or historical and/or architectural resource that may be eligible for the NRHP, or affect a known resource historic property in an unanticipated manner, FTA will address the discovery or unanticipated effect in accordance with 36 CFR C.F.R. § 800.13(a)(2)800.13, as outlined in the process below. FTA, at its discretion, may assume any unanticipated discovered property to be eligible for inclusion in the NRHP, pursuant to 36 CFR § C.F.R.§ 800.13(c). If human remains or archaeological sites are inadvertently discovered, or unanticipated effects on historic properties are found, then CTA Metra will implement the following procedures: A. B. Regarding the unanticipated discovery of human remains or burials during demolition or construction activities, CTA Metra will follow the process outlined below and comply with the Illinois Human Skeletal Remains Protection Act (20 ILCS 3440) ), as administered by the SHPO necessary and will follow the following procedures:appropriate. i. 1. Upon encountering possible human remains or an unmarked human burial during ground disturbing construction activities, CTA Metra will ensure that the construction contractor immediately stops work within a 150-foot radius from the point of discovery. CTA Metra will ensure that the construction contractor implements interim measures to protect the discovery from vandalism and looting but the construction contractor must not remove or otherwise disturb and any human remains or other items in the immediate vicinity of the discovery. ii2. CTA Metra will notify the County Coroner, FTA, SHPO, the Tribes, and their other interested parties not already participating as a Consulting Party within 48 hours of the discovery. CTA/Metra or FTA will contact, by phone, and inform the point of contact for each interested Tribe of the discovery. Metra and the Tribes may each identify other interested parties for FTA and SHPO approval. iii3. The County Coroner will determine jurisdiction. If the remains are less than 100 years old, no further action is required pursuant to this MOA or under the Illinois Human Remains Protection Act. If the remains are older than 100 years, the County Coroner will transfer jurisdiction to SHPO. iv4. In coordination with If jurisdiction is transferred to the SHPO, CTA Metra and their Preservation Lead will determine if the skeletal remains are human, the degree to which they were disturbed, and if possible, assess their potential age and cultural affiliation without any further disturbance. Metra will present these findings to FTA and SHPO. v. CTA/5. FTA is responsible for notifying the Tribes within 24 hours one business day of SHPO’s agreement with Metra’s findings. vi6. If it is determined by SHPO that intact or fragmented human remains are present and that they are likely Native American, CTA Metra will consult with SHPO, FTA, the Tribes, and other interested parties regarding additional measures to avoid, and protect avoid or mitigate, the adverse effect of the project on determine a treatment plan for the human remains and burial site. These measures The treatment plan may include: a. Formal archaeological evaluation of the site; b. If the remains are determined to be Native American, consultation with the Tribes will be required; c. Visits to the site by the SHPO, the Tribes, and other interested parties; exploration of potential alternatives to avoid the human remains or burial;; and d. Implementation of a mitigation plan by CTA including procedures c. Procedures for disinterment and re-interment. 7. SHPO and FTA will issue approval to resume construction following completion of the fieldwork component of the treatment plan. C. Regarding the unanticipated discovery of archaeological resources that do not include human remains, Metra will comply with the following procedures: a. Metra will immediately cease all ground-disturbing activities within 150 feet of the discovery. b. Metra will notify FTA, SHPO, and the Tribes within two (2) business days from the time of the discovery. c. Metra, in consultation with FTA and SHPO, will conduct an on-site evaluation of the discovery. An SOI-Qualified archaeologist from Metra’s Preservation Lead will investigate the discovery and make recommendations to FTA regarding eligibility, effects, and a course of action to protect the site, as necessary. d. FTA will provide a determination of eligibility and effects on the site to Signatories and Consulting Parties with an interest in the potential archaeological resources associated with the discovery, as determined by FTA. FTA will also provide recommended measures to avoid or reduce harm, as necessary. e. Signatories and Consulting Parties with an interest in the potential archaeological resources associated with the discovery will concurrently review and provide comments on FTA’s determination of eligibility, effects, and measures to avoid or reduce harm within fifteen (15) calendar days. FTA will make a final determination of eligibility and effects and measures to reduce harm based on the comments received. Metra will then implement these measures accordingly and resume work. Any necessary archaeological investigations will be conducted in accordance with appropriate federal and state guidelines, statutes, rules, and regulations. f. If requested by FTA or SHPO, Metra’s Preservation Lead will develop a work plan for the treatment of the discovery and to resolve adverse effects to historic properties. g. FTA, in consultation with SHPO, may authorize the continuation of ground-disturbing activities, with or without conditions; andor, within fifteen (15) calendar days from the date that FTA and SHPO receive notice of the discovery, FTA, in consultation with SHPO, may require that continued ground disturbance activities be conducted only in accordance with an approved work plan. D. If during construction a previously identified historic property is affected in an unanticipated manner (i.e., when a new effect occurs or when the effect is different from FTA’s determination of effect), Metra will immediately cease construction activities affecting the historic property. Metra will notify FTA and SHPO within two (2) business days of the time of the discovery. Metra’s Preservation Lead will assess the extent of the effect and propose measures to avoid, reduce, or mitigate adverse effects, if applicable, in a brief report to FTA. If any repairs to historic properties are necessary, they will be consistent with the SOI’s Standards for Rehabilitation (36 C.F.R. § 67.7). FTA will review the report within fifteen (15) calendar days and provide the report to SHPO, who will have fifteen (15) calendar days to review the report and concur with the proposed measures. If no response is received from SHPO within fifteen (15) calendar days after submission of report, FTA may authorize Metra to proceed with construction. Metra will implement these measures prior to resuming construction activities in the location of the historic property. E. If during construction Metra encounters an above-ground resource that could reasonably be a historic property, Metra will immediately cease construction activities at the encountered resource. Metra will notify FTA and SHPO within two (2) business days. Metra’s Preservation Lead will provide a recommendation to FTA for the eligibility of the resource, along with measures to avoid, reduce, or mitigate adverse effects, if the resource is recommended eligible for NRHP listing. FTA will review the report within fifteen (15) calendar days and provide the report to SHPO, who will have fifteen (15) calendar days to review the report and concur with FTA’s eligibility and effects findings and with the proposed measures, as appliable. If no response is received from SHPO within fifteen (15) calendar days after submission of report, FTA may authorize Metra to proceed with construction. Metra will implement these measures prior to resuming construction activities in the location of the historic property.

POST-REVIEW DISCOVERIES. If FTA and CTA CDOT determine after construction has commenced that Project activities will affect a previously unidentified archaeological or historical resource that may be eligible for the NRHP, or affect a known resource in an unanticipated manner, FTA will address the discovery or unanticipated effect in accordance with 36 CFR § 800.13(a)(2800.13(b)(3). FTA, at its discretion, may assume any unanticipated discovered property to be eligible for inclusion in the NRHP, pursuant to 36 CFR § 800.13(c). If human remains or archaeological sites are inadvertently discovered, or unanticipated effects on historic properties are found, then CTA CDOT will implement the following procedures: A. Regarding the unanticipated discovery of human remains or burials during demolition or construction activities, CTA CDOT will comply with the Illinois Human Skeletal Remains Protection Act (20 ILCS 3440) as administered by the SHPO and will follow the following procedures: i. 1. Upon encountering human remains or an unmarked human burial during ground disturbing construction activities, CTA CDOT will ensure that the construction contractor immediately stops work within a 150-foot radius from the point of discovery. CTA CDOT will ensure that the construction contractor implements interim measures to protect the discovery from vandalism and looting looting, but must not remove or otherwise disturb and human remains or other items in the immediate vicinity of the discovery. ii2. CTA CDOT will notify the County Coroner, FTA, SHPO, the Tribes, and their interested parties within 48 hours of the discovery. CTACDOT/FTA will contact, by phone, the point of contact for each interested Tribe of the discovery. iii3. The Within 72 hours of notification, the County Coroner will determine jurisdiction. If the remains are older than 100 years, the County Coroner will transfer jurisdiction to SHPO. iv4. In coordination with SHPO, CTA CDOT will determine if the skeletal remains are human, the degree to which they were disturbed, and if possible, assess their potential age and cultural affiliation without any further disturbance. v. CTA5. CDOT/FTA is responsible for notifying the Tribes within 24 hours of SHPO’s findings. vi6. If it is determined by SHPO that intact or fragmented human remains are present and they are Native American, CTA CDOT will consult with SHPO, FTA, the Tribes, and other interested parties regarding additional measures to avoid, and protect or mitigate, the adverse effect of the project on the human remains and burial site. These measures may include: a. Formal archaeological evaluation of the site; b. If the remains are determined to be Native American, consultation with the Tribes will be required; c. Visits to the site by the SHPO, the Tribes, and other interested parties; exploration of potential alternatives to avoid the human remains or burial; d. Implementation For Native American remains, implementation of a mitigation plan by CTA CDOT in consultation with SHPO and the Tribes, including procedures for disinterment and re-interment; e. Implementation of the mitigation plan; and f. SHPO and FTA approval to resume construction following completion of the fieldwork component of the mitigation plan. B. Regarding the discovery of archaeological resources, in accordance with 36 CFR § 800.13(b)(3) and the Illinois Archaeological and Paleontological Resources Protection Act (20 ILCS 3435), if an archaeological resource is inadvertently discovered, CDOT will immediately cease all ground-disturbing activities within 150 feet of the discovery. CDOT will notify FTA and SHPO within 48 hours from the time of the discovery. CDOT, in consultation with FTA and SHPO, will conduct an on-site evaluation of the discovery. An SOI qualified archaeologist will investigate the discovery and recommend a course of action to protect the site. FTA will consider eligibility and effects, consult with SHPO, and determine actions to be taken to resolve adverse effects. FTA, in consultation with SHPO, may authorize the continuation of ground-disturbing activities, with or without conditions; or, within 15 days from the date that FTA and SHPO receive notice of the discovery, FTA, in consultation with SHPO, may require that continued ground disturbance activities be conducted only in accordance with an approved work plan. If requested by FTA or SHPO, CDOT will develop a work plan for the treatment of the discovery and to resolve adverse effects to historic properties. SHPO will review and provide concurrence on FTA’s determination of eligibility, effects, and measures to avoid or reduce harm within 15 days of receipt of the work plan. CDOT will then implement these measures accordingly and resume work. Any necessary archaeological investigations will be conducted in accordance with the provisions of the Illinois Archaeological and Paleontological Resources Protection Act (20 ILCS 3435) and all other appropriate federal and state guidelines, statutes, rules, and regulations. C. Regarding unanticipated effects on aboveground historic properties, if any adverse effects to a historic property occur during construction, CDOT will immediately cease construction activities affecting the historic property. CDOT will notify FTA and SHPO within 48 hours of the time of the discovery. CDOT, in consultation with FTA and SHPO, will assess the extent of the adverse effect and propose repairs in a brief report. If any repairs to historic properties are necessary, they shall be consistent with the Secretary of the Interior’s Standards for Rehabilitation (36 CFR § 67.7). FTA will consider eligibility and effects and will determine the actions to take to resolve adverse effects, which will be documented in a report. SHPO will have 15 days to review the report and concur with the proposed measures to resolve adverse effects. If no response is received from SHPO, FTA may authorize CDOT to proceed with construction. CDOT shall implement these measures prior to resuming construction activities in the location of the historic property.