04. Cultural Resources Services PWS_QASPS_1.docx

Attachment 0001

PR 40481019

140R2020Q0098

Performance Work Statement (PWS)

Cultural Resources Support San Joaquin River Restoration Program (SJRRP)

1.0 Background

In 1988, a coalition of environmental groups, led by the Natural Resources Defense Council (NRDC), filed a lawsuit, known as NRDC, et al., v. Kirk Rodgers, et al., challenging the renewal of long-term water service contracts between the United States and Central Valley Project (CVP) Friant Division contractors. On September 13, 2006, after more than 18 years of litigation, the Settling Parties, including NRDC, Friant Water Authority (FWA), and the U.S. Departments of the Interior and Commerce, agreed on the terms and conditions defined in the Stipulation of Settlement (Settlement) and subsequently approved by the U.S. Eastern District Court of California on October 23, 2006.

The Act, included in Public Law 111-11 and signed into law on March 30, 2009, authorizes and directs the Secretary of the Interior (Secretary) to implement the Settlement. The Settlement establishes two primary goals:

· Restoration Goal – To restore and maintain fish populations in “good condition” in the main stem San Joaquin River below Friant Dam to the confluence of the Merced River, including naturally reproducing and self-sustaining populations of salmon and other fish.

· Water Management Goal – To reduce or avoid adverse water supply impacts on all of the Friant Division long-term contractors that may result from the Interim and Restoration flows provided for in the Settlement.

To achieve the Restoration Goal, the Settlement calls for releases of water from Friant Dam to the confluence of the Merced River (referred to as Restoration Flows), a combination of channel and structural modifications along the San Joaquin River below Friant Dam and the reintroduction of Chinook salmon into the waterway. Restoration Flows are specific volumes of water to be released from Friant Dam during different year types, according to Exhibit B of the Settlement. To achieve the Water Management Goal, the Settlement calls for the recirculation, recapture, reuse, exchange, or transfer of the Interim and Restoration flows to reduce or avoid impacts to water deliveries to all of the Friant Division long-term contractors (herein referred to as “exchange contractors”) caused by the Interim and Restoration flows. In addition, the Settlement establishes a Recovered Water Account (RWA) and recovered water program to make water available to all of the exchange contractors which will provide water to meet Interim or Restoration flows in order to reduce or avoid the impact of these flows on such contractors.

Specific parts of the Settlement that may require cultural resources work under this contract include but are not limited to:

· Release of Restoration Flows from Friant Dam in accordance with Settlement Paragraph 13 and associated monitoring;

· Implementation of channel and structure modifications, such as setback levees, floodplain grading and excavation, fish ladders, and fish screens, in accordance with Settlement Paragraph 11;

· Implementation of additional modifications to meet the Restoration Goal if recommended by the Restoration Administrator under his Settlement Paragraph 12 authority;

· Reintroduction of spring-run and fall-run Chinook salmon to the San Joaquin River below Friant Dam and associated monitoring, in accordance with Settlement Paragraph 14,; collection and transport efforts,; and a conservation hatchery;.

· Settlement Paragraph 11 projects include (see Figure 1):

· Reach 2B and Mendota Pool Bypass Project: Increase conveyance capacity of Reach 2B of the San Joaquin River to 4,500 cubic-feet-per-second (cfs) by incorporating new floodplain and riparian habitat; constructing a bypass channel around Mendota Pool; providing fish passage around Mendota Dam; and maintain the ability to divert water to the Exchange Contractors in Mendota Pool.

· Reach 4B and Eastside Bypass Project: Increase conveyance capacity of Reach 4B to 475 cfs and employ modifications to structures, such as the Sand Slough Control Structure and Mariposa Bypass Control Structure, to accommodate new routes for fish passage and water conveyance throughout Reach 4B.

· Sack Dam and Arroyo Canal Project: Installing a screen at the Arroyo Canal water diversion to prevent fish entrainment and constructing a fish ladder at Sack Dam.

· Salt and Mud Slough Barrier Project: Install seasonal barriers to prevent fish straying into false migration pathways in the area of Salt and Mud sloughs.

· Gravel Pit Project: Filling and/or isolating the highest priority gravel pits in Reach 1 of the San Joaquin River channel.

The San Joaquin River has shaped the social and cultural structure of human settlements in its valley. Water, fish and game, soils on floodplains and terraces, and vegetation were utilized by Native Americans (Northern Valley Yokut Tribe) and early Euro-American settlers. Beginning in the late 1800s, floodplains and uplands in the valley were converted to agriculture production requiring the need for the development of the current canal infrastructure. This drastically transformed the San Joaquin Valley allowing it to become a primarily agricultural-based economy. Chapter 10 of the Background Report summarizes the history of land use in the valley, including contexts on prehistoric and historic human activity and modifications (http://restoresjr.net/program_library/05-Pre-Settlement/index.html).

Figure 1 San Joaquin River Restoration Program Area

A number of studies and documents provide information leading up to, during, and following the Settlement. The SJRRP website provides information on prior work including:

· Background Report

· Program Environmental Impact Statement/Report (PEIS/R)

· Site-specific studies

· Annual technical reports

· Reach 2B EIS/EIR

· Reach 2B Programmatic Agreement

· Friant Kern Canal Programmatic Agreement

The body of existing literature provides the technical basis and the history for the development of the SJRRP.

2.0 Scope

Cultural resources investigation services will be performed under this contract. Services include environmental compliance and permitting for archaeological and architectural history investigations; cultural resources archival research and records reviews; field surveys; resource recordation; reporting; evaluations of cultural resources to determine eligibility for inclusion in the National Register of Historic Places (National Register); and the development of Historic Property Treatment Plans, Discovery Plans, Monitoring Plans, Data Recovery Plans, Section 106 agreement documents, and other cultural resources-related documents used to meet Section 106 of the National Historic Preservation Act of 1966 (Section 106) compliance requirements.

3.0 Type of Contract

The government will award a General Services Administration (GSA) Task Order.

4.0 Period of Performance

The period of performance for this contract is from the award date through September 30, 2025.

5.0 Administrative Information

5.1 Recognized Holidays

In rare instances, the Consultant may be required to perform work on recognized holidays, including the following:

5.2 Hours of Operations

Business must be conducted between the hours of 8 a.m. and 6 p.m. Monday through Friday when on private property. The Consultant must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS at all times. When hiring personnel, the Consultant shall keep in mind that the stability and continuity of the workforce are essential.

5.3 Place of Performance

The work to be performed under this contract will be performed at the Consultant’s facilities and field locations.

5.4 Security

No security clearances are required.

The Consultant shall be responsible for safeguarding all government equipment, information, and property provided for the Consultant’s use.

5.5 Delivery

Table 1 below summarizes the anticipated deliverables and schedules outlined in the tasks.

Table 1 Schedule of Major Milestones

6.0 Government-Furnished Property

6.1 Services

The government will provide direction from the Contract Officer’s Representative (COR).

6.2 Facilities

The government will provide no facilities.

6.3 Utilities

The government will not provide any utilities.

6.4 Equipment

The government will not provide any equipment.

6.5 Materials

The government will not provide any materials beyond what is required for the completion of tasks.

7.0 Applicable Publications (Current Editions)

The Consultant will obtain appropriate reference materials and regulations, as referenced in this, at their own cost.

8.0 Objectives

The objective of this task order is to provide services to the SJRRP for compliance with Section 106.

9.0 Tasks

The Consultant will assist Reclamation and the SJRRP in implementation of cultural resources investigations which may include historic property identification (prehistoric and historic archaeological and built environment resources). This may include surface inventory, geoarchaeological studies, subsurface investigations, archaeological testing, National Register evaluations, and resolution of adverse effects. This work statement is intended to support the historic property identification efforts for compliance with Section 106 (54 United States Code [U.S.C.] § 300101, et seq.) and its implementing regulations at 36 Code of Federal Regulations (CFR) Part 800 (see Appendix A). Although the cultural resources and historic property identification and treatment may be similar for the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) to Section 106, the laws are considered mutually exclusive requiring different standards of documentation and review. In general, the level of effort to identify cultural resources, to reach determinations of eligibility for listing in the National Register, and finding of effects for undertakings under Section 106 will meet CEQA and NEPA compliance standards; however, cultural resources identification and evaluation efforts under CEQA and NEPA often do not satisfy compliance thresholds established within Section 106’s implementing regulations.

The Consultant shall fully develop, as appropriate, a surface and subsurface investigative methodology and cultural resources report for each SJRRP project requested. Reclamation will review and provide comment on the methodology/work plan for the requested project prior to the Consultant conducting a cultural resources inventory. The Consultant will also provide recommendations on resource determinations of eligibility and an undertaking’s finding of effect on historic properties to satisfy compliance with Section 106. Reclamation will submit the Consultant -prepared report to the California State Historic Preservation Officer (SHPO) as part of the cultural resource’s identification and National Register evaluation efforts. The Consultant shall take into consideration both archaeological and built environment resources utilizing appropriate professional and documentation standards. The Consultant will work closely with Reclamation’s cultural resources staff to ensure that the area of potential effect (APE) is appropriately defined and includes a description of both the horizontal and vertical APE. The Consultant will be provided a project tracking number by Reclamation cultural resources staff. This number is to be put on all reports in the subtitle and in the subject line on formal correspondence.

As part of the Section 106 process, as outlined in 36 CFR Part 800, Federal agencies are required to make a “good faith effort” to identify cultural resources within the undertaking’s APE (36 CFR § 800.4[b][1]). For projects in which the scope of work defines the APE as extending below ground surface, this effort needs to address the potential for buried archaeological deposits through geoarchaeological investigation and analysis (this includes both prehistoric and historical archaeological resources). The investigation may range from a very simple investigation based on published data and field observations to a more complex subsurface investigation by a geo-archaeologist or related specialist as necessary. There may be instances where monitoring during construction is recommended as part of a strategy for limiting impacts to cultural resources. While this approach may be used to reduce harm to known resources, archaeological monitoring cannot be substituted in lieu of a subsurface investigation, nor does it satisfy Section 106 standards as a completion of the identification effort. Additionally, there may be instances when data recovery of archaeological resources is needed to mitigate adverse effects on historic properties and/or to handle a post-review discovery during construction.

The Consultant shall make a good faith effort to understand the geoarchaeological contexts of a project area and develop a subsurface identification strategy commensurate to the context and the scope of the project. Reclamation requires a meaningful discussion on relevant geoarchaeological contexts in an effort to identify both historic properties and potential risks which could affect the cost and/or schedule of project implementation.

In addition to a completed cultural resources inventory and National Register evaluation report, the Consultant should be prepared to draft Historic Property Treatment Plans, Data Recovery Plans, Post-Review Discovery Plans, Section 106 agreement documents, the Affected Environment Cultural Resource section for NEPA documents, and other cultural resources documents as requested by Reclamation for their review and consideration. Reclamation will exercise these options on a project-by-project basis depending on the results of cultural resources identification and National Register evaluation efforts as described in the cultural resource report.

Task 1 Project Management and Compliance

The Consultant shall provide general project management/administration activities in support of this task order including but not limited to the following:

· Developing a master schedule of all research, documents, analysis, permitting tasks for the current list of projects with a project-specific schedule for each.

· Coordination with Reclamation’s Project Manager or Cultural Resources Technical Specialist(s) to communicate when delays or cultural resources requirements may prove a critical path item to the completion of the overall project.

· Coordination of daily task order activities by the Consultant’s staff and consulting team, document review, and quality assurance/quality control of work prepared for this task order.

· Management and maintenance of an electronic document library providing bound hard copies upon request.

· Preparation of monthly Progress Reports outlining activities of the previous month by sub-task, activities anticipated for the current month by sub-task, an updated master schedule including separate schedules for each SJRRP project, issues or topics of concern, estimated expenses projected out by month for two (2) months out, a monthly invoice, and quarterly accruals. The master schedule shall be delivered to Reclamation in a Microsoft (MS) Project format.

The Consultant’s Project Manager and Project Coordinator shall be available to participate in contract status and coordination calls every two (2) weeks to review progress and plan for upcoming activities with the Reclamation Project Manager and other Implementing Agency staff as appropriate. The Consultant’s Project Manager and/or Project Coordinator shall attend periodic in-person meetings on an as needed basis in lieu of the contract status and coordination call to review progress and plan for upcoming activities with the Reclamation Project Manager, Regional Cultural Resource Officer, cultural resources specialist(s), and other Reclamation staff.

The Consultant is expected to carry personal identification and property entrance authorization documents when on private property and explain the visit with utmost politeness to landowners. Field staff will read and carry Temporary Entry Permits supplied by Reclamation in the field and abide by all terms and conditions within these documents. Consultant staff will conduct all work between the hours of 8 a.m. and 6 p.m., Monday through Friday; drive less than 20 miles-per-hour on dirt roads to avoid dust; and park in turnout areas not blocking roads. Equipment fuel, oil, breakdown, and maintenance is the responsibility of equipment owner and should be included in the submitted hourly rate.

The Consultant must comply with all applicable regulations including those regarding human remains, Reclamation’s visual identity standards, and permit requirements necessary to complete the tasks below. Permits for subsurface investigations with excavation may also include NEPA and Section 404 of the Clean Water Act as well as potentially coordinating with Reclamation to comply with Native American Graves Protection and Repatriation Act (NAGPRA; 25 U.S.C. § 3001, et seq.).

Permits: It may be necessary for the Consultant to obtain permits from local, State, and non-Reclamation Federal agencies for cultural resources investigations. It will be up to the Consultant to ensure all appropriate permits and approvals are obtained prior to conducting any archaeological/cultural resources investigation.

Human Remains: There are different laws regarding the disposition of human remains on private and State-owned lands versus those lands under Federal ownership. It is important to understand who owns the property prior to conducting fieldwork. Reclamation often retains the fee title or land ownership jurisdiction over a parcel of land while another entity (e.g., County, State, or Water District) manages the land or facilities on Reclamation’s behalf. The following is a summary of the applicable laws that govern how human remains are managed on private/State lands versus Reclamation lands.

1. Private/State lands: Human remains identified on private- or State-owned lands fall under the purview of the California Public Resources Code (PRC) 5097.98.

2. Federal lands: Human remain discoveries identified on Reclamation-owned lands fall under the purview of NAGPRA.

Source data, including datasets, Geographic Information System (GIS) mapping files, spreadsheets, field notes, and artifact analysis shall be made available to agencies for review, approval, and delivery at each step in a digital format.

Deliverable: Schedule and Budget Updates with Progress Report.

Due Date: Updates due monthly.

Format: Via email, FTP website, in Adobe Acrobat (PDF) or MS Word format to Reclamation.

Deliverable: Consultant required to attain any require permits or authorization.

Due Date: Prior to any fieldwork.

Task 2 Archival Research, Records Review, and Background Research

The Consultant will analyze available geological and archaeological publications, maps, and digital databases relevant for developing a temporal and spatial understanding of the major depositional landforms within the project APE. Available archaeological and ethnographic data within the study area shall also be analyzed. In addition, the Consultant shall conduct a records search of the APE at the appropriate Information Center of the California Historical Resources Information System (CHRIS). See the CHRIS webpage for more information (http://ohp.parks.ca.gov/?page_id=1068). A records search shall include no less than a ½-mile buffer around the APE dependent on the size and scope of the undertaking. Other appropriate pre-field and archival research facilities, such as university and public libraries, city halls, county courthouses, historical societies, museums, and historic maps, shall be utilized as needed. Other research resources, such as Reclamation’s cultural resources files, should also be employed.

The Consultant will develop comprehensive background contexts for the following relevant topics:

· Archeological;

· Geoarchaeological;

· Historic;

· Built environment/architectural history; and

· Ethnographic.

Note that the historic context should be applicable to the cultural resources identified during the inventory efforts to provide relevant background material to inform National Register eligibility of those identified resources. Built environment features, such as buildings, water conveyance systems, manipulated natural landscapes, roads, bridges, and other culturally-modified objects and structures, will be identified, evaluated, and considered. A list of buildings, structures, and/or objects is to be included in the cultural resources report that could be considered for National Register eligibility consistent with the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation (48 Federal Register [FR] 44716).

Reclamation has a list of interested Indian groups. The Consultant may contact the Native American Heritage Commission (NAHC) if required to obtain locations of sacred sites. The Consultant may use this list to contact listed individuals and groups for fulfilling identification and/or other CEQA obligations (e.g., AB-52 consultation). This list and the results of contact between the Consultant and the Native American community will be provided to Reclamation in coordination with all draft materials. The Consultant will coordinate with the Reclamation Cultural Resources Technical Specialist(s) prior to coordinating with any Native Americans.

Following a records review of geoarchaeological information and in coordination with the Consultant and Reclamation Cultural Resources Technical Specialist(s), a geoarchaeological field reconnaissance survey may be performed in selected areas, such as natural cutbanks and other accessible exposures of subsurface deposits. Samples of organic material for radiocarbon dating may also be collected, if necessary. The reconnaissance survey will serve to assess the reliability of the published data through a chrono-stratigraphic analysis of related soils, sediments, and landforms.

If a lack of buried site potential can be supported through a geoarchaeological model, the buried site investigation section of the cultural resources report will be complete with a discussion of this model analysis. Criteria may include:

· No potential for buried deposits (such as all Pleistocene-aged or older sediments);

· The proposed disturbance is so shallow (generally less than 12 inches) that a surface survey will show an adequate surface manifestation of any shallowly buried deposit;

· The proposed disturbance is entirely within historically-deposited fill that can be documented as such (e.g., a canal berm, earthen dam, documented area of fill, historic-era sedimentation not in-situ, etc.);

· If the assessment determines that there is the potential for buried deposits or subsurface manifestations of a surficial archaeological site and the project scope suggests there is a potential to disturb these resources, surface or subsurface ground truthing may be required to investigate those landforms that are likely to contain buried archaeological resources within the vertical APE/area of direct impact.

The historic context guides the research design and the historical context/archival research and records review deliverable should:

1) discuss themes that can be studied within the APE;

2) present research questions specific to the region;

3) summarize the results of the records review and historic context for all four (4) aspects discussed above;

4) describe methods to identify and record cultural resources in additional field studies (if recommended), which may include both surface and subsurface resources;

5) discuss the criteria by which all cultural resources will be evaluated for possible inclusion in the National Register; and

6) describe criteria by which buried resource sensitivity will be determined.

Deliverable: Summary Brief of the records search findings Due Date: Thirty (30) days after request.

Format: Via email, FTP website, in Adobe Acrobat (PDF) or MS Word format to Reclamation.

Deliverable: Draft and final background research, record search results, and geoarchaeological modeling report narrative will be included in draft reporting for Tasks 3, 4, and 6.

Task 3 Cultural Resource Surveys and Buried Site Identification

The Consultant will conduct pedestrian surveys for all requested projects. Field notes will be taken during all pedestrian surveys and provided to Reclamation with the draft cultural resources report.

For projects with extensive ground disturbing activities, supporting documentation for subsurface impacts to cultural resources will be required. Please see Appendix C for more information on buried site identification. Investigations should be scaled appropriately for the individual project. When subsurface investigations are required, a work plan will be submitted to Reclamation for approval no less than three (3) weeks after the project request is made to the Consultant from Reclamation.

Subsurface buried site testing methods may include but are not limited to using a backhoe for digging trenches, boreholes with a hand auger, a large power core bore/auger, documenting a preexisting cut bank, traditional systematic excavation units, or any combination of techniques or original methodology that would represent a good faith effort to identify potential buried archaeological resources. In addition, it may be necessary to collect scientific samples such as radio carbon and/or bulk soil samples. The selection of methods should be implemented on an appropriate scale to the project and proposed disturbance as outlined in the Reclamation-approved work plan. Land access will require coordination with the SJRRP office and Reclamation Cultural Resources Technical Specialist(s). Proposals should include the types of data collection anticipated to identify possible buried resources. Proposals should include quality assurance and quality control processes.

Geospatial Data:

Geospatial data will be generated for Reclamation, including representations of the project APE, survey coverage area, and all identified cultural resources within and adjacent to the project APE. For cultural resources previously recorded but not updated and/or relocated as part of the current project effort, the Consultant should generate the most recently documented site boundary. Except for isolated finds – which may be represented in a single GIS layer by point feature(s) – each cultural resource should be a single feature and must be represented by a polygon. Spatial data representing specific resource components (e.g., artifacts, features, etc.) may also be submitted as point, line, and/or polygon features. Reclamation will accept geospatial data delivered on CD, DVD, or external hard drive, as well as direct electronic submission via email or FTP site. Other delivery methods may be allowed if these requirements present a significant burden or as technology changes.

The preferred format for vector data submitted to Reclamation is as an ESRI shapefile (composed of .shp, .shx,.dbf,. prj,. sbx, and. sbn sub-file types) or as a feature class stored within a data geodatabase. Other vector data formats may also be acceptable but must be approved by Reclamation in advance. All deliverable spatial data shall be in the Universal Transverse Mercator (UTM) coordinate system (either UTM Zone 10N or 11N, as appropriate) and referenced to North American Datum 1983 (NAD83). Horizontal units should use the metric system (i.e., meters), while vertical units (if referencing elevation) should be in imperial measurements (i.e., feet). Geospatial data may be delivered as an ESRI geodatabase (.gdb) or as individual shapefiles and packaged as a .zip file.

Attribute tables for the following feature types must include the following data fields, appropriately populated:

Area of Potential Effects

Survey Coverage

1 – Pedestrian/surface survey 2 – Shovel testing 3 – Excavation units 4 – Geomorphological survey 5 – Geophysical survey 6 – Other survey method 7 – Not surveyed 8 – Not surveyable (e.g., wetland, steep slope, etc.)

9 – No access 10 – Literature/map search but no field survey

Cultural Resources

1 – Prehistoric 2 – Historic 3 – Protohistoric 4 – Multi-Component 5 – Other

Deliverable: Records Search Narrative, Background Research and Buried Site Identification Work Plan (may contain results from Task 2).

Due Date: The Consultant shall have twenty-one (21) days to mobilize for all fieldwork activities following a notice to proceed for the cultural resources investigations.

Deliverable: Consultant required to attain any require permits or authorization.

Due Date: Prior to any fieldwork.

Deliverable: Summary Brief of fieldwork findings.

Due Date: Fifteen (15) days after the survey.

Deliverable: California Department of Parks and Recreation (DPR) 523 forms.

Due Date: Thirty (30) days after fieldwork is complete.

Deliverable: Draft cultural resources inventory report.

Due Date: Sixty (60) days upon survey completion.

Deliverable: Final cultural resources inventory report.

Due Date: Within fifteen (15) days upon Reclamation’s approval of the report for finalization.

Format: For each final report, three (3) to five (5) bound hard copies (exact number to be determined [TBD] through coordination with the Cultural Resources Technical Specialist[s]) and digital files in MS Word and PDF, GIS files, photographs, maps, and monitoring data in native formats via email, FTP, and/or CD.

Deliverable: Geospatial Data Due Date: Ninety (90) days upon survey completion.

Task 4 National Register Evaluation Testing

The Consultant will prepare a Research Design for evaluating cultural resources eligibility for listing on the National Register, making recommendations on effects to historic properties, and identifying protective or treatment measures for historic properties.

A Work Plan will be developed to identify methodologies for evaluating eligibility, including subsurface testing approaches and artifact/sample identification and collection methods, and a cost estimate for implementation. In-field analyses will be conducted to the extent possible to evaluate site eligibility and collections requiring curation will be minimized. Evaluation of the site may be conducted in two phases, if necessary:

1) Phase One: Evaluate the eligibility of identified cultural resources for inclusion in the National Register (36 CFR Part 60; 36 CFR Part 63) based solely, if possible, on surface manifestations.

2) Phase Two: If evaluation on surface evidence alone is not possible for cultural resources, National Register evaluations may require subsurface investigations to obtain enough data to determine potential eligibility (36 CFR § 60.4). An effort will be made to complete in-field analysis for as much of the recovered artifacts as possible (historic and prehistoric). The methodology for collection and curation will be determined in consultation with Reclamation and will follow Reclamation’s Directives and Standards for Museum Property Management (LND 02-02).

Following the Work Plan, the Consultant will provide recommendations for National Register eligibility that will be completed for any cultural resource that may be adversely affected as identified in the sensitivity/potential for effect model. Any permits required must be obtained by the Consultant prior to conducting the testing.

All cultural resources evaluated for eligibility for or listing in the National Register will follow the National Register criteria found at 36 CFR § 60.4 and National Register Bulletin 15. Additional National Register eligibility guidance is available in the National Register Bulletins available on the National Park Service website: (http://www.nps.gov/history/nr/publications/bulletins/). Research themes and questions and the evaluation methodology presented in the Research Design developed by the Consultant must be considered in evaluating the eligibility of cultural resources. Site records will be updated with this information as applicable. The Consultant will recommend eligibility of cultural resources and Reclamation will make formal eligibility determinations through consultations under Reclamation's Section 106 responsibilies pursuant to 36 CFR Part 800.

If it is determined that there is the potential for an adverse effect to any historic property within the APE, the Consultant will recommend protective and treatment measures to minimize the nature of the effect to no adverse effect. If the potential for an adverse effect is found to any historic property within the APE and protective and treatment measures cannot resolve those issues, the Consultant will provide recommendations for resolution of adverse effects, including proposed mitigation measures as appropriate.

The Consultant will document any discovered cultural resources on DPR 523 form(s), submit the final forms to the appropriate Information Center of the CHRIS, and recommendations for National Register of Historic Places (National Register) eligibility determinations upon approval by Reclamation Cultural Resources Technical Specialist(s).

The Consultant will provide the Affected Environment, Cultural Resource section for the NEPA document upon request.

Deliverable: Draft field methodology; draft Summary Brief outlining plans to conduct National Register evaluation efforts and recommendations.

Due Date: Fifteen (15) days following notice to proceed with work plan development. Reclamation shall review and comment on draft within ten (10) days of receipt of methodology.

Deliverable: Final field methodology; Final Summary Brief outlining plans to conduct National Register evaluation efforts and recommendations.

Due Date: Seven (7) days following Reclamation comments on draft.

Deliverable: Updated as applicable, DPR 523 forms.

Due Date: Within thirty (30) days survey completion.

Format: Digital copy of submitted documents via email or FTP.

Deliverable: Draft subsurface testing and National Register evaluation report.

Due Date: TBD per project schedule, scope of work, and coordination with the Consultant and Reclamation Cultural Resources Technical Specialist(s).

Format: For each draft, two (2) bound hard copies and digital files in MS Word and PDF, GIS files, photographs, maps, and monitoring data in native formats via email, FTP, and/or CD.

Deliverable: Final cultural resources report.

Due Date: TBD per project schedule, scope of work, and negotiation.

Format: For each final report, three (3) to five (5) bound hard copies (TBD through coordination with the Cultural Resources Technical Specialist[s]) and digital files in MS Word and PDF, GIS files, photographs, maps, and monitoring data in native formats via email, FTP, and/or CD.

Deliverable: Affected Environment, Cultural Resource Section of NEPA Document Due Date: 15 days of request after completion of fieldwork Format: Digital copy of submitted documents via email or FTP

Task 5 Reporting Format

The Consultant will write a standard, professional report detailing the results of the inventory and National Register evaluation efforts, including the archival research and records search, National Register criteria, surveys, investigations, findings, and recommendations for finding of effect on historic properties pursuant to 36 CFR § 800.4. This report should meet the Secretary of the Interior’s Standards and Guidelines and the California Office of Historic Preservation’s Archeological Resource Management Reports (ARMR): A Draft Recommended Contents and Format (http://ohp.parks.ca.gov/pages/1054/files/armr.pdf) and Reclamation’s Directives and Standards for Cultural Resource Management (LND 01-02 [http://www.usbr.gov/cultural/recpolicies.html]).

National Register eligibility determinations should be based on information available in the historic context of the report and utilize the National Register criteria as outlined at 36 CFR § 60.4 (see Appendix A). Note that additional National Register eligibility guidance is available in the National Register Bulletins available on the National Park Service website: http://www.nps.gov/history/nr/publications/bulletins/. Application of the 50 year or younger criterion for National Register evaluation, including the criteria outlined in 36 CFR § 60.4(g), shall take into consideration whether or not the cultural resources have achieved exceptional significance in the last 50 years (see National Register Bulletin 15: pages 44 through 48 [http://www.nps.gov/history/nr/publications/bulletins/pdfs/nrb15.pdf]).

Table 2 Example Cultural Resources Inventory Report Outline I. Introduction: description of the site, relevant features, the project and the Area of Potential Effect II. Methods: proposed approach for National Register evaluation, including research questions, themes, buried resources potential criteria and National Registry eligibility criteria III. Records Results: records review inventory IV. Field Results: field inventory, subsurface investigation results (if applicable) V. Conclusions and Recommendations: findings of effects, findings of eligibility and buried resources based on criteria VI. Field Visit Documentation Appendix: attendees, data collected, field notes, photos, and discussion items for each trip to the site.

VII. Numerical Analysis Appendix: computations, GIS layers, and results

Task 6 Optional Tasks

The Consultant may be asked by Reclamation to prepare other documents related to cultural resources compliance. These may include but are not limited to Historic Property Treatment Plans, Discovery Plans, Monitoring Plans, Data Recovery Plans, Section 106 agreement documents, and other cultural resources-related documents related to compliance with Section 106. Within thirty (30) days of request by Reclamation, the Consultant shall prepare a methodology or outline as appropriate which describes how the Consultant will complete an optional task. Reclamation will review the methodology and upon Reclamation acceptance, the Consultant will draft the requested optional task. The task is considered final upon written notification by Reclamation. Upon delivery, Reclamation shall not exceed fifteen (15) days to review and comment on the optional task methodology and outline and thirty (30) days to review and comment on an optional task draft document. The Consultant shall have up to fifteen (15) days to address any of Reclamation’s comments. Reclamation assumes that it will ask the Consultant to exercise two optional tasks per year.

The Consultant will provide the Affected Environment, Cultural Resource section for the for the NEPA document upon request.

Deliverable: Draft Optional Task Outline - Summary Brief.

Due Date: Fifteen (15) days following Reclamation’s request to exercise an Optional Task.

Format: Digital format submitted via email or FTP site.

Deliverable: Draft Optional Task Draft and Final.

Due Date: TBD per project requirements and schedule constraints, consensus of schedule between Reclamation and Consultant when final Optional Task Outline - Summary Brief is accepted by Reclamation.

Format: For each draft, three (3) bound hard copies and digital files in MS Word and PDF, GIS files, photographs, maps, and monitoring data in native formats via email, FTP.

Deliverable: Affected Environment, Cultural Resource Section of NEPA Document Due Date: Fifteen (15) days of request after completion of fieldwork.

Format: Digital copy of submitted documents via email or FTP.

Task 8 Performance Assessment and Disincentives

1. Monitoring Performance: During the course of the evaluation period, the COR will track the Consultant’s performance. Interim (mid-term) evaluations may be provided to identify strengths and weaknesses in the Consultant's performance during the period being evaluated. At the end of the period, the COR will assess the Consultant's performance in accordance with the Quality Assurance Surveillance Plan (QASP) and report to the Contracting Officer.

1. Consultant Self-Assessment: Following each evaluation period, the Consultant may provide a written self-assessment of their performance to the COR to be considered in its report to the Contracting Officer. The self-assessment shall be submitted not later than five (5) working days after the end of each evaluation period. The self-evaluation shall not exceed one page per Performance Requirement Summary (PRS) element. The self-assessment shall address both the strengths and weaknesses of the Consultant's performance during the evaluation period. Where deficiencies in performance are noted, the Consultant shall describe the actions planned or taken to correct such deficiencies and avoid their recurrence. The self-assessment itself will NOT be the basis for the Disincentives determination.

1. COR Recommendation: The COR will consider all evaluations and any other pertinent information, including the Consultant self-assessment, and will prepare a report to the Contracting Officer with findings and recommendations. The Consultant will be provided a copy of the draft findings and recommendations of the COR and will be afforded the opportunity to identify factual errors. The COR's draft recommendation is not subject to negotiation and the COR will not engage in discussions with the Consultant. Any errors identified by the Consultant will be addressed by the COR in its final report. The Consultant will be provided a copy of the final COR report at the same time the report is submitted to the Contracting Officer.

1. Payment Determination: The Contracting Officer may meet with the COR to discuss the COR's report. The Contracting Officer will make a final determination in writing as to the percentage of work successfully completed and the resulting payment to be made. A copy of the determination will be provided to the Consultant no later than forty-five (45) calendar days after the end of the period being evaluated. All Contracting Officer decisions regarding Disincentives are unilateral decisions made solely at the discretion of the government.

1. Deduction: Notwithstanding any other clause of this contract, deduction of the Disincentive will be made within the latter of sixty (60) days after the end of the evaluation period or thirty (30) days after receipt of an approved invoice.

1. Quality Assurance Surveillance Plan: The QASP is one evaluation method the government uses to surveillance performance to determine whether the Consultant meets the standards of performance as defined in the PWS. The absence of a QASP for any contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the government under any other provision of the contract in determining the quality of the Consultant’s performance.

PERFORMANCE REQUIREMENTS SUMMARY AND

QUALITY ASSURANCE SURVIELLANCE PLAN

Timeliness

Deliverables are provided in a timely manner and are submitted by the date required 98% of the time.

Comparison of the submittal date to the need date.

Periodic COR surveillance.

Consultant does not meet 98% timeliness threshold in “Acceptable Quality Level,” or a deliverable has to be substantially revised to meet Section 106 requirements.

2% deduction to the month’s invoice.

Periodic COR surveillance.

A deliverable has to be substantially revised to meet Section 106 requirements.

Rejection of the month’s invoice for failing to meet the terms of the contract.

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