Attachment 3 - PWS Attachments B-F.pdf

ATTACHMENT B:

SAMPLE PERFORMANCE WORK STATEMENT – TITLE SEARCH & CHAIN OF TITLE

Background and Proposed Action

The U. S. Department of Veterans Affairs (“VA”) intends to Enhanced-Use Lease (EUL) the parcel consisting of approximately two acres of land located at 6505 South Manthey Road, French Camp, California, for use as supportive housing. The site has been identified and its boundaries are approximated on Appendix A to this PWS (“Site”).

Deliverable Format All items shall be delivered to VA in the form of high-resolution electronic PDF. If the file is larger than 5MB, please include a CD or DVD containing such files. VA will not accept paper or hard-copy documents.

Linked title abstracts are preferred.

I. OBJECTIVE

The objective of this Performance Work Statement (PWS) is to obtain title services related to the lease acquisition of a real property interest by the United States of America (acquiring 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 C:

SAMPLE PERFORMANCE WORK STATEMENT – ALTA SURVEY SERVICES

Background and Proposed Action

The U. S. Department of Veterans Affairs (“VA”) intends to Enhanced-Use Lease (EUL) the parcel consisting of approximately two acres of land located at 6505 South Manthey Road, French Camp, California, for use as supportive housing. The site has been identified and its boundaries are approximated on Appendix A to this PWS (“Site”).

Unless expressly stated otherwise, Contractor shall meet with VA and EUL 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.

If any file is larger than 5 MB, it cannot be delivered to VA via email; the Contractor will be required to submit a CD containing the file or provide an FTP site that VA is able to access. 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

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 D:

SAMPLE PERFORMANCE WORK STATEMENT – PROPERTY APPRAISAL / VALUATION

1. Background The U. S. Department of Veterans Affairs (“VA”) intends to Enhanced-Use Lease (EUL) the parcel consisting of approximately two acres of land located at 6505 South Manthey Road, French Camp, California, for use as supportive housing. The site has been identified and its boundaries are approximated on Appendix A to this PWS (“Site”).

2. Property to Be Valued Parcel identified in Appendix A.

3. Required Standards and Minimum Appraiser Qualifications A state-licensed, MAI certified appraiser shall prepare and deliver a complete, self-contained narrative appraisal report in accordance with the Code of Ethics of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice (USPAP, latest ed.). The appraiser shall also conform to the Uniform Appraisal Standards for Federal Land Acquisitions (also referred to as the Yellow Book) and shall adhere to the application of standard approaches to real property value;

namely the cost, income, and market comparable approaches. The application of the approaches to value is dependent upon the appraisal problem involved and the appraiser’s professional judgment; however, deviation from normal practices, methods and techniques are to be noted and fully supported by comment and justification.

The appraiser shall have no direct or indirect interest, financial or otherwise, in the property or the transaction, and shall disclose in their proposal any prior experience or potential conflict of interest with the engagement or parties thereto.

4. Valuation:

The appraiser will estimate fair market fee-simple value and fair market annual ground rent for the subject property. The property shall be appraised as “clean” (for the purposes of this appraisal defined as ”no known environmental contamination”).

“Fair Market Value” (FMV) is defined as the most probable price that a property would bring in a competitive and open market, with the buyer and seller acting knowledgeably and prudently in their best interests, without undue stimulus. The price must also represent the normal consideration for the property, unaffected by creative financing or sale concessions.

“Highest and Best Use” is defined as the use of vacant land or an improved property, which is (i) reasonably probable, (ii) legally permissible, (iii) physically possible, (iv) appropriately supported, (v) financially feasible, and (vi) that results in the highest value consistent with criteria (i-v).

“Legally Permissible” As a Federal enclave, the VA campus is not subject to local zoning. Therefore, the appraiser should make an extraordinary assumption regarding the legally permissible criteria based on the existing legislation allowing for an EUL. The proposed use is legally permissible under the current EUL legislation. The proposed use for the subject property is: supportive housing.

5. Deliverables and Schedule: The appraiser shall prepare the appraisal in conformance with USPAP guidelines. Provide one (1) draft electronic copy of the appraisal for client and government’s review and approval within 30 business days of notice to proceed, and one final copy as a PDF file, no later than 10 business days after the client approves the draft reports.

6. Format and Content The appraisal will be performed in narrative form and shall include all essential data to disclose the purpose of the appraisal, the scope of the appraisal problem, the principal methods and reasoning process employed, and all available pertinent supporting data to sustain the appraiser’s final conclusion as to value. Items such as photographs, sketches, charts, and exhibits, etc. are considered integral parts of the appraisal report.

It should be understood that the appraisal report will be subject to careful review; therefore the report must be fully detailed with all items substantiated and justified by appropriate information and data, so that reviewers will find validity in the appraiser’s conclusions. Any deficiencies, that, in the reviewer’s opinion, require further substantiation, and or work, must be performed as a supplement to the reviewer’s satisfaction, at the appraiser’s expense. The appraisal report is an important document that will serve as a material aid in negotiations. It is therefore essential that the appraisal’s content reveal that the appraiser has made an adequate study and analyses of the appraisal problem and has considered all available, pertinent and reliable data and that sound, logical reasoning is used in developing value conclusions.

The complete, self-contained appraisal report shall contain, but is not limited to, the following information:

a. The total square footage and existing condition of buildings and or land to include any known environmental conditions.

b. Improvements (“as is” and “clean”) made to the land and not scheduled for demolition, if any.

c. Information regarding local market conditions

d. Information regarding land use and special zoning districts.

e. Historic significance of buildings and or land.

f. Market assessment to include Highest and Best Use.

g. Data analysis, including sales, cost and market rent approaches, as relevant.

h. Land residual value analysis and Ground Rent Capitalization analysis.

i. Current FMV of the fee simple title

j. Current FMV of the 99-year leased fee estate

k. Current FMR (Fair Market Rent) for 99-year Enhanced-Use Lease (ground lease)

l. The market ground rent shall be estimated by applying a market capitalization rate to the market value of the underlying land. Appraiser shall make the appropriate statements regarding yields and other conclusions based upon best practices for estimating values within the local real estate market. If such comparable leases do not exist in the local real estate market, the appraiser should make the appropriate statements and extrapolate values using factors applicable to the proposed project, calculating values projecting or extending known information for the lease term.

m. In addition to the sales approach and market rent comparison, the appraisal shall include the cost approach and land residual method, taking into consideration the Land component accounting for appreciation;

n. All information necessary and pertinent to substantiate the appraisal.

Appendix A

GENERAL SITE BOUNDARIES FOR EUL SITE

ATTACHMENT E:

SAMPLE PERFORMANCE WORK STATEMENT –

PHASE 1 ENVIRONMENTAL SITE ASSESSMENT

1. GENERAL INTENTION AND REQUIREMENTS:

A. Purpose: To prepare a Phase I Environmental Site Assessment (ESA) of the Department of

Veterans Affairs (VA) proposed EUL at the proposed EUL site situated on a 52-acre VA owned property located at 6505 South Manthey Road, French Camp, California (see Appendix A). The ESA for the proposed EUL site should be a separate, stand-alone document. The purpose of the assessment is to satisfy the following objectives:

• Identify potential environmental risk, liability and public health considerations associated with a property.

• Complete all appropriate inquiry into the previous ownership and uses of a property pursuant to American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, E1527-05.

• Identify whether a reasonable possibility exists that hazardous waste or hazardous materials were either disposed on or released to the environment or in the vicinity of the property.

• Review commonly known information about the property and investigate by obvious inspection.

B. Range: A Phase I Site Assessment is conducted to determine or discover the obvious presence or likely presence of a hazardous material which has been released or is likely to be released on the site. The range of contaminants considered should be consistent with the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and should include petroleum products.

C. Proposed Action: VA proposes to outlease this site to the private-sector who will finance, design, develop, construct, operate, and maintain supportive housing.

2. TASKS, DELIVERABLES, AND SCHEDULE:

A. General Format: The format of the Phase I Site Assessment will be developed according to requirements set forth in American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, E1527- 05, consistent with a level of care and skill ordinarily practiced by the environmental consulting profession currently providing similar services under similar circumstances. The ASTM Practice consists of the following four components: records review, site reconnaissance, interviews, and report. At a minimum, the ESA will include an evaluation of the following:

• Physical setting characteristics of the site through a review of referenced sources such as topographic maps and geologic, soils and hydrologic reports.

• Usage of the site, adjoining properties and surrounding area through a review of reasonably ascertainable historical sources such as land title records, fire insurance maps, city directories, aerial photographs, prior reports and interviews.

• Observations and interviews regarding current site usage and conditions including: the use, treatment, storage, disposal or generation of hazardous substances, petroleum products, hazardous wastes, nonhazardous solid wastes and wastewater.

• Observations and interviews regarding usage of adjoining and surrounding area properties and the likely impact of known or suspected releases of hazardous substances or petroleum products from those properties on the site.

• Information in ASTM-specified environmental agency databases and local environmental records, within the ASTM-specified approximate minimum search distance from the site.

• Preparation of a written report that includes findings, opinions, conclusions and supporting documentation.

B. Additionally, the format should include what the American Society for Testing and Materials Standard Method E-1527-2005 refers to as “Non-Scope” environmental issues. These may include a desktop review of matters such as asbestos, leaded paint, radon, mold and other conditions that may either present a hazard of injury or a financial liability. At a minimum, these Non-Scope issues will include an evaluation of the following:

• Mold Screening to report the findings of a baseline survey of readily observable mold and conditions conducive to mold on the property identified by limited interview, document review and physical observation and to provide an opinion on whether an identified condition warrants further action. The scope of work for the Mold Screening is intended to be consistent with ASTM Standard Practice E 2418-06: Standard Guide for Readily Observable Mold and Conditions Conducive to Mold in Commercial Buildings: Baseline Survey Process.

• Visual observation of suspect ACM consisting of providing an opinion on the condition of suspect ACM on the property based upon visual observation during the site reconnaissance without collection of any bulk samples. Review any previously prepared asbestos data (surveys and abatement reports) that are made available, conduct an observation of the building materials, and interview the building manager and/or engineer.

• Radon document review, consisting of the review of published radon data with regard to the potential for elevated levels of radon gas in the surrounding area of the property, without the collection of any samples.

• Lead in drinking water data review, consisting of contacting the water supplier for information regarding whether or not the potable water provided to the property meets or exceeds drinking water standards for lead, without the collection of any samples.

• Visual observation of suspect lead-based paint (LBP), consisting of providing an opinion on the potential for LBP based on the construction date of buildings on the property and visual observation of the condition of suspect LBP, without the collection of any samples.

• Wetlands document review, consisting of a review of a current National Wetlands Inventory map of the surrounding area to note if the property is identified as having a wetland.

• Flood plain document review, consisting of a review of a reasonably ascertainable flood plain map of the surrounding area to note if the property is identified as being located within a flood plain.

C. Report Description: The Consultant shall follow the recommended report format described in Appendix X2, Recommended Table of Contents and Report Format, of the ASTM Practice.

D. Deliverables: The Consultant shall prepare a draft and final Phase I Site Assessment for VA review. These reports shall present the information required above and include an Executive Summary written in layman’s language with limited technical terminology. Statistical or scientific terminology should not be used without providing explanatory information. A glossary of terms or explanations must be provided.

The Consultant shall incorporate any revisions identified by VA prior to the final report. The timeframe of each review submission and number of printed copies shall be as follows:

SUBMISSION DELIVERY

Draft Review 45 calendar days after issue of NTP Final Review 75 calendar days after issue of NTP Final Report 15 calendar days after receipt of VA comments

An electronic file of the report shall be provided at each review submission in Microsoft Word.

3. EXPERIENCE AND QUALIFICATIONS:

A. Personnel: All key personnel to be committed to this work must have educational background, work experience, and as directed in Credentials, ASTM Practice 1527-00, §11.12.

Appendix A – Approximate Site Boundaries

ATTACHMENT E: PERFORMANCE WORK STATEMENT –

SAMPLE CULTURAL AND ARCHAEOLOGICAL RESOURCE SURVEY /

SECTION 106 CONSULTATION SUPPORT

I. Background and Purpose

The U. S. Department of Veterans Affairs (“VA”) intends to Enhanced-Use Lease (EUL) the parcel consisting of approximately two acres of land located at 6505 South Manthey Road, French Camp, California, for use as supportive housing. The site has been identified and its boundaries are approximated in Section III of this PWS (“Site” or “project area”).

II. Work to be Performed:

I. Standards and Responsibilities The contractor is responsible for having a current knowledge of the requirements of the local jurisdiction connected with the services described herein. The contractor must hold the appropriate licenses in the state where the study area is located. The contractor must demonstrate their assigned staff meet the Secretary of the Interior’s Historic Preservation Professional Qualification Standards (36 CFR 61).

II. Scope The Contractor shall perform all work described in this PWS for the above noted EUL site:

• Background Research - The contractor will examine readily available data pertinent to the history, prehistory, ethnography, and environment of the study area, including but not necessarily limited to the SHPO, local public library, historical society, or local university to develop a general understanding of the site area and how it may have changed through time, to identify previously recorded archeological and historic properties, and to generate the information and perspectives needed to predict the likely presence or absence of resources and the likely character of impacts, if any.

• Identification of Experts and Consulting Parties - The contractor will identify experts and other Consulting Parties (CP) likely to be interested in and knowledgeable about the history, archaeology, and culture of the area, including but not limited to relevant local government officials and offices (determine whether the study area is within the boundaries of a Certified Local Government (CLG)), Indian tribal governments, academic interests, and state, local, and other historical, architectural, and archaeological organizations.

• Fieldwork - The contractor will inspect the study area to the extent feasible from areas normally open to the public, and without conducting excavations or other modifications of the land, landscaping, buildings, or structures, to document the general character of each area and its buildings, structures, and other cultural features.

III. Deliverables The contractor will prepare and provide to VA a report based on the results of the activities listed above, addressing the following questions with respect to the study area, and including all pertinent supporting documentation:

a. What is the recommended area of potential effect (APE) within the project area? Describe area and justify boundaries, and include a map showing the APE.

b. What is the likelihood that any district, site, building, structure, object, landscape, or landform wholly or partly within the study area may be included in or eligible for inclusion for the National Register of Historic Places? Include citations for, and copies of, any evaluations or studies that are reviewed and referenced.

c. What is the likelihood that other kinds of cultural resources (e.g., significant local sociocultural groups or activities, religious practices, cultural institutions, documents, artifacts, etc.) exist or occur in the APE?

d. If such eligible properties or other cultural resources are likely to exist in the APE, what likely effect would construction of the project have on them (adverse or not)?

e. Who are the CPs whom VA should consult with about cultural resource issues with respect to this project (includes as much contact information as possible)? Which federally recognized tribes (Tribes) are likely to have an interest in the study area? At a minimum, consult the U.S. Housing and Urban Development’s Tribal Directory Assessment Tool (TDAT) to determine which Tribes are identified in the appropriate counties for the project.

f. What recommendations do you have for further study or other actions, if any, including minimizing or mitigating any potentially negative impacts?

Include in the report a draft letter (VA letterhead and VA envelopes) to each CP identified in (e) above to initiate Section 106 consultation for the proposed undertaking. The letter(s) should include a finding per the following criteria:

• No historic properties affected (36 CFR 800.4(d)(1)), i.e., either no historic properties were identified in the APE or historic properties identified in the APE would not be affected; or

• No adverse effect (36 CFR 800.5(b)), i.e., historic properties identified in the APE would be affected but not adversely; or

• Adverse effect to historic properties (36 CFR 800.5(d)(2)), i.e., historic properties identified in the APE would be affected adversely.

Documentation shall be consistent with 36 CFR 800.11(d) for findings of no historic properties affected or 36 CFR 800.11(e) for findings of no adverse effect or adverse effect, as appropriate.

If it is determined that the project will have an adverse effect on identified historic properties, then the vendor will assist VA in the development of appropriate mitigation measures (i.e.

Memorandum of Agreement or Programmatic Agreement) pursuant to internal discussions with VA as well as all support services for its eventual execution. If the SHPO where the site is located has a Section 106 project submittal form that is a substitute for a typical consultation letter the form will be completed and the PM will be informed of the appropriate submittal procedures (hard copy, email, or electronic, etc.). The submittal of these draft letters/forms to external parties, will be the responsibility of VA staff only, unless otherwise directed to the contrary by the appropriate VA staff.

IV. Section 106 Consultation Letters to Consulting parties In addition, the Vendor will include in the report a draft letter to each party identified, to initiate NHPA consultation for the proposed undertaking. The letter(s) should include a finding and the documentation listed at 36 CFR § 800.11(d)(1-3) or (e)(1-6), as appropriate. The vendor will be responsible for determining what is the appropriate submittal format for Section 106 consultation letters for the corresponding SHPO. If the SHPO where the site is located has a form (i.e.

online or hard copy) it typically uses to conduct Section 106 consultation, the Vendor will complete that form. The Vendor is not to submit these draft letters/forms to external parties, unless directed by VA. The VA will review and sign these letters after providing the contractor with edits and approval. The vendor will then send on the Government’s behalf pursuant to that particular SHPO’s required submittal procedures (i.e. hard copies, email or electronic system).

The vendor will provide documentation of the submittal date and tracking dates of when the SHPO and CPs have received the consultation letters to adequately estimate the initiation of the regulatory 30-day review period.

V. Deliverable Format & Schedule Except as specified otherwise in this PWS, all items shall be delivered to VA electronically. All deliverable documents will be delivered to VA in Microsoft Word 2020 or later (or native format for graphics and spreadsheets) and Adobe PDF formats. Files must be delivered in electronic formats that can be revised or updated by the government. Documents destined for wider distribution shall also be 508-compliant. If the file is larger than 20 megabytes, the document(s) must be delivered by a file-sharing site accessible to VA.

Revised documents shall include Word files with both a clean version and a version showing tracked changes. The government review of draft deliverables will focus on ensuring that the document meets VA requirements. The contractor may be required to adequately address issues overlooked; supplement, improve, or modify analyses; address readability and editorial issues; and make factual corrections.

When a hard copy is required by coordinating/consulting agencies or parties: All hard copy documents, maps and illustrations must be of high quality and easily reproducible on standard or color copiers. Hard copy documents will be double-sided on 8-1/2" by 11" paper. Maps identifying the location of the project will be included within the document and may be used along with tables, figures, and illustrations throughout the document to display project-related information more efficiently. Fold-out pages should be avoided. If these are necessary, they will be no larger than 11" by 17" and have the same design as the 8 1/2" by 11" graphic pages and will be approved by the government before document preparation. All pages of the documents will be appropriately numbered and inserted into a three-ring binder. For submissions to regulatory agencies, the required format may supersede these details and would be specified in the task order details.

The contractor will provide the following deliverables and meet the milestones on the schedule provided below:

Deliverable/Milestone Completion Date* Preparation of Draft Report and S106 letters NTP + 30 days Government Review 14 days Preparation of Final Report and S106 letters 7 days after receipt of

Government comments Provide documentation of the submittal date and tracking dates

5 days after Government approval of final draft

III. Additional Conditions

Confidentiality & Conflict of Interest - The contractor shall sign a confidentiality agreement and will not engage a transaction in which the company, and principals, 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.

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

SITE BOUNDARIES: For project planning purposes, the location(s) that will be surveyed will be located within the area described below, which is bound by the following roads, or must front on any of the following boundary lines:

ATTACHMENT G:

SAMPLE PERFORMANCE WORK STATEMENT – NEPA ENVIRONMENTAL ASSESSMENT

1. Background The U. S. Department of Veterans Affairs (“VA”) intends to Enhanced-Use Lease (EUL) the parcel consisting of approximately two acres of land located at 6505 South Manthey Road, French Camp, California, for use as supportive housing. The site has been identified and its boundaries are approximated on Appendix A to this PWS (“Site”).

2. Purpose

a. VA is proposing to enter into an EUL with the private-sector to create supportive housing that benefit Veterans and their families (See proposed parcel map in Appendix A). The NEPA EA for the proposed EUL site should be a separate, stand-alone analysis.

b. Preferred alternative (Proposed Action) and “No Action” alternatives will be retained for detailed analysis in this EA.

c. Subcontractor will provide the following services:

i. Task 1 – Project management, site visit, and data collection;

ii. Task 2 – Environmental assessment (EA) for public comments;

iii. Task 3 – Public involvement, agency coordination and preparation of final EA and Finding of No Significant Impact (FONSI);

d. Objectives of the EA are four-fold:

i. Document the NEPA process in compliance with the NEPA regulations;

ii. Inform decision-makers and public, including regulatory agencies, of possible environmental consequences of the proposed action and other alternatives, as well as methods to reduce adverse impacts;

iii. Allow for public (and other agency) input into the decision-making process;

and

iv. Allow for informed decision-making by VA.

3. Proposed Action The proposed project entails VA entering into an enhanced use lease with the private-sector create safe, affordable, permanent supportive housing for homeless Veterans and their families.

See proposed parcel map in Appendix A.

4. Project Background

[INSERT]

5. Government Furnished Information (GFI)

a. Unauthorized use of GFI, hard copies and electronic files included, is prohibited.

b. Hard copies of documents provided to Subcontractor shall be returned to the Government upon project completion unless they were identified as copies not to be returned.

6. Location of Site.

The place of performance shall be at [INSERT].

7. Key Personnel

a. Subcontractor shall employ a project team that will consist of a project manager and other key personnel.

b. All key persons must be qualified environmental professionals (EPs) and licensed for the tasks they will perform under this Subcontract. The Project team must be familiar with the applicable VA policies and guidance documents and must demonstrate knowledge of the applicable Federal and State specific environmental laws and regulations.

i. At a minimum, project manager is considered to be a key person, essential and critical to the work being performed hereunder.

ii. Subcontractor shall not remove, divert or replace key personnel from the work without prior written approval from Craddock Group.

8. Safety Requirements

a. Subcontractor shall be responsible for protecting the lives and health of employees and other persons, preventing damage to property, materials, supplies and equipment, avoiding work interruptions and complying with Occupational Safety and Health Administration (OSHA) safety and health regulations and the VA requirements.

b. All on-site workers performing hazardous operations, including working with hazardous materials, must have completed the applicable training, plus refresher training courses.

Subcontractor shall maintain documentation supporting training records and have a written Health and Safety Plan on-site available for workers and/or regulatory review.

9. Task 1 – Project Management, Site Visit and Data Collection

a. Project Management

i. Subcontractor is responsible for project management of all services required under this Subcontract.

ii. Kick-Off Meeting. Subcontractor shall coordinate with site coordinator(s) a Kick Off meeting. The Kickoff meeting will be by a teleconference unless directed by Craddock Group. The intent of the meeting shall be to introduce key VA and contact personnel, initiate a project distribution list and clarify project related items or concerns.

iii. Onsite Support

1. Subcontractor shall provide onsite support by conducting a site visit.

2. One site visit by at least one professional for two days is anticipated.

b. Site Visit and Data Collection

i. Following a kickoff meeting, Subcontractor must conduct a site visit for the following purpose: meet with site coordinators, and other VA personnel; obtain various documents and information for the existing conditions; take photographs; conduct a visual assessment of site; note the existing environmental conditions and evaluate the potential concerns; and observe the adjoining properties and vegetative communities along the perimeter of the site in the proximity of the proposed project site. Information obtained during the Kickoff Meeting and Site Visit will be used in developing EA.

ii. Subcontractor shall gather additional information as required, including those not available through VA. Subcontractor must evaluate VA provided documents and information to determine suitability for use in EA. These documents include, but are not limited to:

1. Existing conditions;

2. Existing maps of the Proposed Action showing all areas proposed for disturbance.

3. All available design documentation related to the Proposed Action.

4. Permits and other data associated with the proposed action for regulatory compliance for environmental, historic preservation, and cultural resources.

5. Pertinent studies conducted that may be useful in the preparation of

EA/FONSI.

6. Subcontractor shall review the plans and logistics for determining the Area of Potential Impact.

iii. Subcontractor shall conduct a fact-finding mission and an in-depth discussion of the components of the Proposed Action and alternatives considered. Subcontractor shall conduct general site investigations and assessments for each viable alternative and issue of concern.

10. Task 2 – Environmental Assessment

a. Subcontractor shall prepare an EA for the proposed action to ensure VA complies with the following requirements:

i. Council on Environmental Quality (CEQ) Regulations for Implementing the NEPA (40

Code of Federal Regulations (CFR) Parts 1500-1508 (July 1, 1986);

ii. Native American Graves Protection and Repatriation Act (NAGPRA);

iii. 36 CFR Part 800, Protection of Historic Properties;

iv. VA implementing Regulations, Environmental Effects of VA Actions, Title 38 CFR, Part 26 (51 FR 37182, October 20, 1986, as amended at 54 FR 34987, August 23, 1989);

v. VA’s Interim NEPA Guidance for Projects (PG.18.17);

vi. VA Directive 7545 for Cultural Resource Management; and

vii. Applicable Federal, State and local requirements.

b. Subcontractor shall provide briefing(s) to regulators when required by the state agencies. No briefing is anticipated for this project.

c. Subcontractor is required to develop EA in accordance with this SOW and VA’s “Instruction to Contractor for Environmental Assessment”…