Attachment 3 - PWS Attachments B-F.pdf

ATTACHMENT B:

SAMPLE PERFORMANCE WORK STATEMENT –

PHASE 1 ENVIRONMENTAL SITE ASSESSMENT

Task 1: Phase I Environmental Site Assessment

The contractor will conduct a Phase I environmental site assessment (ESA) of the subject site with respect to the range of contaminants within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and petroleum products. The Phase I ESA will be conducted in accordance with ASTM E1527-21 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.

The Phase I ESA shall be conducted by an environmental professional who meets the requirements specified in Appendix X2 of the standard; the Offeror’s proposal must identify this individual as Key Personnel and their resume must demonstrate in detail that the ASTM standard is met and shall clearly demonstrate which criterion in paragraph X2.1.1.2 of the standard is met: Professional Engineer’s or Professional Geologist’s license plus three years of full-time relevant experience;

federal, state, or tribal license per 40 CFR 312.21 plus three years of full-time relevant experience;

bachelor’s degree in engineering or science plus five years of full-time relevant experience; or 10 years of full-time relevant experience. Relevant experience must be clearly demonstrated in accordance with the definition in paragraph X2.2.1 of the standard.

The Phase I ESA shall include all components identified in the standard and meet all specifications and methodologies described in the standard. Study components generally include records review;

site reconnaissance; interviews with past and present owners, operators, and occupants; interviews with state and/or local government officials; and evaluation and report preparation. The report will follow the recommended table of contents provided in the standard, and will identify recognized environmental conditions (RECs), controlled RECs, and historical RECs, using the criteria for each defined in the standard. If observed or otherwise identified, the report will also identify any de minimis conditions and business environmental risks. The report will identify data gaps and recommendations for additional site investigation to address RECs.

The report will include a table with the following format, with an entry for every regulatory database finding within the respective minimum search distance as listed in Table 2 of ASTM E1527-21. This includes all listings identified in the “Mapped Sites Summary Table” and “Orphan Summary” in an EDR “Radius Map Report” or comparable if another equally comprehensive regulatory database review approach is used:

EDR

Map ID(s)

Property Name(s) and Address

Database Listing(s)

Distance from Site

(feet) Direction from Site

Location Relative to Subject Site based on Groundwater Flow in Area

REC?

(Y/N)

Basis for REC conclusion

A1 A2

ABC Fuel Stop (current) XYZ Gas (previous) 123 Main Street

UST,

LUST

650 ENE Downgradient N Downgradient, NFA

Note that “distance from site” is not a basis for dismissing a potential REC if it is within the ASTM-specified search radius in Table 2 of ASTM E1527-21.

Additional scope item—PFAS: In addition to the in-scope considerations identified in the ASTM E1527-21 standard, the Phase I ESA report will specifically address whether any past or present activities, uses, releases, or documents indicate the subject parcel or properties in its vicinity may be associated with ongoing or prior environmental releases of any per- and polyfluoroalkyl substances, commonly known as PFAS. Certain PFAS are proposed for listing as hazardous substances under CERCLA but remain in the category of “emerging contaminants” at the time of this document.

Research for this topic will include a 0.5-mile search radius and will include but not be limited to a review of past uses of the subject property and adjacent properties, as well as data available at EPA’s PFAS Analytic Tools (https://awsedap.epa.gov/public/extensions/PFAS_Tools/PFAS_Tools.html) and other public sources.

The contractor will meet the following milestones to provide the deliverables listed below for the Phase I ESA. If more than one subject site is studied, separate stand-alone reports will be prepared for each site.

Deliverable/Milestone Completion Date Draft Phase I ESA NTP* + 45 calendar days Draft Final Phase I ESA 75 calendar days after issue of

NTP

Final Phase I ESA 15 calendar days after receipt of VA comments *NTP = notice to proceed.

Subject Site Phase II Parcel (Solar Expansion Site) Only*:

ATTACHMENT C:

PHASE 2 ENVIRONMENTAL SITE ASSESSMENT

Phase II Environmental Site Assessment

The contractor will conduct a Phase II ESA to investigate the findings of the corresponding Phase I ESA. For purposes of submitting a technical and price proposal, the investigation will consist of the following:

• Prepare a draft sampling and site management plan for review/discussion with VA, generally to include the following:

- site survey for active and abandoned utilities to inform sample locations

- eight soil borings to water table depth

- three temporary groundwater wells

- closure of the temporary groundwater wells when the field work is completed

- detailed planning for proper and compliant disposal of all investigation-derived waste including waste characterization, waste hauler vendor arrangement including specific pick-up date, waste staging and security, and, if proposed, details and timeframe for post-field work hauling for approval by current landowner if other than VA.

- return of site to pre-investigation site conditions.

• Conduct field investigation in accordance with final sampling and site management plan.

• Laboratory analysis of soil and groundwater samples for VOCs, SVOCs, petroleum hydrocarbons, PAHs, and RCRA 8 metals. Each of the eight soil borings and three groundwater wells will be sampled for all of the listed analytes.

• Draft a report that includes field sampling methods, a site diagram of sampling locations keyed to sample IDs, a summary table of lab results including relevant state and federal screening levels for each analyte for ease of evaluation, field notes, laboratory reports, and other relevant information.

• The contractor will address all VA comments on the draft report and provide a final report.

• The technical scope and associated price for this subtask will be reviewed for applicability to the Phase II ESA scope that is indicated by the Phase I ESA findings. Modifications may be required to refine:

- Number and depth of soil borings.

- Number of temporary groundwater wells.

- Specific contaminants and samples for laboratory analysis.

- Other investigation parameters.

The contractor will meet the following milestones to provide the deliverables listed below for the Phase II ESA. If more than one subject site is studied, separate stand-alone reports will be prepared for each site.

ATTACHMENT C:

PHASE 2 ENVIRONMENTAL SITE ASSESSMENT

Deliverable/Milestone Completion Date Draft Phase II ESA report NTP + 45 calendar days Draft Final Phase II ESA 75 calendar days after issue of NTP Final Phase II ESA report 15 calendar days after receipt of VA comments

Subject Site Phase II Parcel (Solar Expansion Site) Only:

ATTACHMENT D:

SAMPLE PERFORMANCE WORK STATEMENT – TITLE SEARCH & CHAIN OF TITLE

Background and Proposed Action

The U.S. Department of Veterans Affairs (“VA”) intends to enter into a single easement for approximately 4.6 acres of land (existing + proposed arrays) located at the Perry Point VA Medical Center, for use as a solar field. The site has been identified and its boundaries are approximated on Appendix A, below (“Site”).

I. OBJECTIVE

The objective of this Performance Work Statement (PWS) is to obtain title services related to the easement of a real property interest by the United States of America (agency is the U.S.

Department of Veterans Affairs (VA)).

II. WORK TO BE PERFORMED

A. Scope The Vendor shall coordinate and facilitate the following services in accordance with local requirements and standard practice for all activities in the scope: conducting a diligent search of land and property records, considering the character and value of the property to be acquired;

obtaining and updating chain of title including legible copies of all instruments which created rights, interests or encumbrances on the property, legal descriptions, easement boundary and ingress/egress descriptions.

B. Standards & Responsibilities

The Contractor is responsible for having a current knowledge of the requirements of the local jurisdiction connection with title searches and the preparation of title abstracts. Any title abstractor or title insurance company and their agents must comply with the laws of the jurisdiction.

C. Deliverables

All deliverables shall be provided by electronic transmission. The Government will not accept paper or hard-copy files. The following shall be obtained and provided to Government:

1. Legible copies of all instruments associated with the title abstract, which created rights, interests or encumbrances on the subject properties, and disclose the names of each person with the interest in the property.

2. A chain of title including legible copies of all deeds referenced in the chain of title.

3. Where there has been a severance of the surface and subsurface of the land, the report shall include the nature of the interest severed, the name of the owner, and an address. If a severance has occurred there may be multiple acquisitions pertaining to the same tract of land.

4. The title search shall examine no less than 80 years. The search shall determine all owners of record, outstanding mortgages, liens, judgments or pending suits, outstanding tax claims, easements or rights of ways of any type, whether oil, gas, and mineral interests have been severed, and any other exceptions that may cloud the title of the easement to be purchased.

D. Confidentiality & Conflict of Interest The Contractor shall sign a confidentiality agreement and will not engage a transaction in which the company, and principles, or persons working directly with the transaction, have a financial interest in the real estate contemplated herein. The Contractor shall immediately notify Government of any potential conflicts that may arise.

E. Adherence to Applicable Laws and Regulations The Contractor agrees to comply with all federal and state laws and regulations that are applicable.

APPENDIX A - SITE MAP

ATTACHMENT E:

SAMPLE PERFORMANCE WORK STATEMENT – ALTA SURVEY SERVICES

Background and Proposed Action

The U. S. Department of Veterans Affairs (“VA”) intends to enter into an easement for approximately 4.6 acres of land located at the Perry Point VA Medical Center, for use as a solar field. The site has been identified and its boundaries are approximated on Appendix A, below (“Site”).

Unless expressly stated otherwise, Contractor shall meet with VA and solar field developer representatives in order to confirm boundaries.

I. OBJECTIVE

The objective of this Performance Work Statement is to obtain American Land Title Association (ALTA) survey services related to real property interest in the land identified in Appendix A.

II. WORK TO BE PERFORMED

A. Scope. The Contractor shall perform all work as hereinafter specified. Incident to such services, the Contractor shall conduct all fieldwork necessary to determine accurately the physical conditions existing on the Site and shall obtain requisite information from the land records. The primary work is a boundary survey to current ALTA/NSPS standards including a metes and bounds description of the property, plus a plan depiction of all boundaries, and clearly identify location of all easements, rights-of-way, and other recorded encumbrances and utilities. Additionally, the Contractor shall demarcate on the survey for each site any areas where the site lies within a FEMA flood zone and note any encumbrances or visible utilities not of record. To the extent this Scope conflicts with ALTA/NSPS standards, the ALTA/NSPS standards shall prevail.

The survey drawings and written metes and bounds perimeter description shall conform, whenever possible, to the outside boundaries depicted on the map attached to this Performance Work Statement Work and through coordination with the owner or representative of the Site.

All field notes and office computations are to be kept in a neat and orderly manner, clearly indexed. Such records shall be open for inspection and checking during the course of the work, and the Contractor shall maintain the same for a period of three (3) years after completion of the contract.

Metes and Bounds/Legal Description: A written metes and bounds perimeter description of the following is to be shown and certified on the survey drawing, as well as on a separate Microsoft Word document that is delivered with the survey:

a. The parcel of land being surveyed.

b. Existing easements to which the parcel is subject (sewer lines, water mains, gas mains, power lines, etc.), described by bearings and distances.

Boundaries: Show point of beginning, bearings, distances, and interior angles. Closure computations shall be furnished with the survey drawing, and error of closure shall not exceed one foot for each 10,000 feet of lineal traverse. Boundaries of an unusual nature (curvilinear, off-set, or having other change of direction between corners), shall be referenced with curve data (including measurement) and such information shall be shown on the survey drawing.

Encroachments: Encroachments on boundary lines shall be determined by measurement and clearly shown on the survey drawing.

Local Regulations: If any local regulations exist, they should be complied with when referencing the boundaries of the area to an established system or coordinates.

Areas: Upon final establishment of the property lines, the area of the parcel shall be computed in acres and indicated on the survey drawing.

Markers and Monuments: Reference the marks on property lines that are extended on curbs or sidewalks and show locations of cuts and offset distances on the survey drawing, where possible and if applicable. If corner monumentation does not exist, include installation of iron pins on each outside corner of the Site. If corner is inaccessible, set iron pin in line and offset from corner. If buildings preclude setting such iron pins, set iron pins in property lines extended in curbs or sidewalks.

The preceding shall not be construed as requiring iron pins at block corners where public streets extend into or through the site, such as where property on both sides of any such street or road is within the parcel. If the corner of the parcel boundary is not accessible, the iron pin shall be offset and carefully referenced to the true corner. Offset iron pins shall be located within the parcel. The survey drawing shall show the precise position and description of each pin or monument.

Show all monumentation and markers on the survey.

Orientation: The Site shall be oriented with north on the top of the sheet. One major boundary shall be parallel to an edge of the sheet. When possible, the bearing given should refer to the true astronomical meridian so that the same may be re-established with accuracy. Magnetic bearings should be avoided. The north point must be shown on the drawing.

Platting: The drawing shall be accurately drawn and all data shown thereon shall be scaled and platted in correct relative position.

Titles: All titles shall be positioned in the appropriate location on the standard drawing sheets.

Legend: Suitable straight, weighted, broken, or dotted lines and symbols shall be used to designate property lines, buildings and utilities, and a legend or key to such lines and symbols shall be given on the drawing.

Certification: The survey drawing shall bear substantially the same certification as follows adjacent to the engineer’s official seal, as the same may be updated from time to time by

ALTA:

“This is to certify that this map or plat and the survey on which it is based were made in accordance with the Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items of Table A thereof. The fieldwork was completed on [date].

Date of Plat or Map: (Surveyor’s signature, printed name and seal with Registration/License Number)”

Table A: The services demarcated on Table A, attached to this Performance Work Statement, are also necessary.

Computer Aided Design and Drafting (CADD) shall be in accordance with CADD/GIS Technology Center standards. The standard includes presentation graphics, level/layer assignments, electronic file naming, and standard symbology. This CADD/GIS Standard has been developed for AutoCAD and Microstation CADD formats.

Scale: The survey shall fit on one sheet. It shall be drawn to scale, resulting in clearly legible figures and notations, including parcel area and identification. The scale shall be indicated both graphically and numerically, and located on the drawing near the title block.

The work described shall be completed and provided to VA in electronic format no later than forty-five (45) calendar days following the date a notice to proceed is issued. The Contractor shall deliver the survey in CADD and high-resolution PDF format, and the metes and bounds description shall be delivered in Microsoft Word format.

B. Standards & Responsibilities. The Contractor is responsible for having a current knowledge of the requirements of the local jurisdiction connection with the services described herein. The Contractor must be licensed in the state where the Site is located.

The Contractor will provide evidence of liability insurance coverage for errors and omissions in the amount of at least $1,000,000 or provide an indemnification agreement that is satisfactory to VA providing for reimbursement to VA for any loss caused by fraud or dishonesty, or failure by the Contractor to comply with this PWS.

C. Deliverables. The work described shall be completed and provided to VA in electronic format no later than forty-five (45) calendar days following the date a notice to proceed is issued. The Contractor shall deliver the survey in CADD and high-resolution PDF format, and the metes and bounds description shall be delivered in Microsoft Word format.

See PWS for additional delivery details, as VA will not accept paper or hard-copy documents.

III. Confidentiality & Conflict of Interest - The Contractor shall sign a confidentiality agreement and will not engage a transaction in which the company, and principles, or persons working directly with the transaction, have a financial interest in the real estate contemplated herein. The Contractor shall immediately notify VA of any potential conflicts that may arise.

IV. Adherence to Applicable Laws and Regulations - The Contractor agrees to comply with all federal and state laws and regulations that are applicable.

V. Points of Contact - The following Points of Contact are provided for completion of work respecting this PWS:

Contract Administration: [insert]

Appendix A- Approximate Site

Boundaries*

* VA does not have an ALTA survey available for Phase I of the solar array.

TABLE A

OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS

NOTE: The nineteen (19) items of Table A may be negotiated between the surveyor and client. Any additional items negotiated between the surveyor and client shall be identified as 21(a), 21(b), etc. and explained pursuant to Section 6.D.ii.(g). Notwithstanding Table A Items 5 and 11, if an engineering design survey is desired as part of an ALTA/NSPS Land Title Survey, such services should be negotiated under Table A, Item 01.

If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY, except as otherwise qualified (see note above):

1. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner.

2. X Address(es) of the surveyed property if disclosed in documents provided to or obtained by the surveyor or observed while conducting the fieldwork.

3. X Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only.

4. X Gross land area (and other areas if specified by the client).

5. X Vertical relief with the source of information (e.g., ground survey, aerial map), contour interval, datum, and originating benchmark identified.

6. (a) If set forth in a zoning report or letter provided to the surveyor by the client, list the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements. Identify the date and source of the report or letter.

(b) If the zoning setback requirements are set forth in a zoning report or letter provided to the surveyor by the client, and if those requirements do not require an interpretation by the surveyor, graphically depict the building setback requirements. Identify the date and source of the report or letter.

7. X (a) Exterior dimensions of all buildings at ground level.

(b) Square footage of:

X (1) exterior footprint of all buildings at ground level.

(2) other areas as specified by the client.

X (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified.

8. X Substantial features observed in the process of conducting the fieldwork (in addition to the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse).

9. X Number and type (e.g., disabled, motorcycle, regular and other marked specialized types) of clearly identifiable parking spaces on surface parking areas, lots and in parking structures. Striping of clearly identifiable parking spaces on surface parking areas and lots.

10. X (a) As designated by the client, a determination of the relationship and location of certain division or party walls with respect to adjoining properties (client to obtain necessary permissions).

11. X Evidence of underground utilities existing on or serving the surveyed property (in addition to the observed evidence of utilities required pursuant to Section 5.E.iv as de as determined by:

X (a) plans and/or reports provided by client (with reference as to the sources of information

(b) markings coordinated by the surveyor pursuant to a private utility locate request

Note to the client, insurer, and lender - With regard to Table A, item 11, source information from plans and markings will be combined with observed evidence of utilities pursuant to Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor’s assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary.

12. As specified by the client, Governmental Agency survey-related requirements (e.g., HUD surveys, surveys for leases on Bureau of Land Management managed lands). The relevant survey requirements are to be provided by the client or client’s designated representative.

13. X Names of adjoining owners according to current tax records. If more than one owner, identify the first owner’s name listed in the tax records followed by “et al.”

14. X As specified by the client, distance to the nearest intersecting street.

15. X Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g., the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and (b) place a note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such data.

16. Evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork.

17. Proposed changes in street right of way lines, if such information is made available to the surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork.

18. Pursuant to Sections 5 and 6 (and applicable selected Table A items, excluding Table A item 1), include as part of the survey any plottable offsite (i.e., appurtenant) easements disclosed in documents provided to or obtained by the surveyor.

19. . X Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $1,000,000 to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map.

Attachment F - Additional EUL & Solar Array Maps