Real_Estate_PWS_August_2023_1.pdf

Performance Work Statement

Land Rights Acquisition Support Services San Joaquin River Restoration Program

Dated: August 9, 2023

1.0 Background

The Government is acquiring real property along the San Joaquin River in the area more accurately described and shown as the San Joaquin River Restoration Program (Merced, Fresno, Madre, and Stanislaus Counties). The land will be used to construct physical features (fish ladders, flow bypass, fish screens) to reconnect dewatered segments of the river to the upstream and downstream sources. The area is identified in Attachment 1 and hereinafter shall be referred to as the "Program Area" and the action further referred to as the “Program”. Real property acquisition will occur throughout the Program Area and will be supported by this Performance Work Statement (PWS). The PWS will aide the Program by providing: support for residential and non-residential relocation benefits: preparing and collecting titles for federal acquisition: and performing land survey work associated with property acquisition.

2.0 Scope

Public Law 91-646, the Uniform Relocation Assistance and Real Property Acquisition Policies of 1970 as amended, hereinafter referred to as the "Act", requires that whenever the acquisition of real property by a federal or federally assisted program will result in displacement, relocation advisory assistance services shall be provided, and payments made to Eligible Parties who will be displaced by the Program. The contractor will provide relocation services. All relocation services shall be performed in accordance with Public Law 91-646, the Uniform Relocation Assistance and Real Property Acquisition Policies of 1970 as amended.

The relocation consultant firm shall provide all management, supervision, labor, materials, supplies, and equipment, (except as otherwise provided), and shall plan, schedule, coordinate, and ensure effective performance of all services described herein. The contractor shall be required to provide these services in accordance with the requirements of this contract.

Base Services —

1. Relocation Services (time and materials) - The Government authorizes the contractor to provide turnkey relocations services in accordance with the Act, the Uniform Relocation Assistance and Real Property Acquisition Regulations for Federally Assisted Programs (49 CFR Part 24), the Government wide implementing regulations issued pursuant to the Program, and any and all applicable regulations governing, to relocate the occupants and complete the federal action. Assume 18 relocations of moderate complexity.

2. Examining, Cleaning and Clearing of Title Encumbrances (time and materials) - To ensure that there are no adverse or unacceptable encumbrances or “clouds” of title on the title. The Department of Justice Title Standards serve as a guide for the preparation of evidence of title for all acquisitions by the United States of land or interests in land, including acquisitions by direct purchase, exchange, donation, and condemnation. Additionally, the unique purpose of title evidence in condemnation actions is not to confirm that the title is properly vested in the United States, but instead it is to identify all parties who have, or may have, or claim to have an interest in the land, so that they may be named and joined in the action. Assume 30 titles to be examined, cleaning, and cleared of moderate complexity.

3. Cadastral Survey to Support Land Acquisition (time and materials) - To ensure adequate description of acquired land interests and the protection of boundaries once acquired, a land survey resulting in a sufficient legal description and associated maps, and with appropriate documentation, must be completed for the land rights acquired. Additionally, standard boundary evidence and exceptions maps will be developed to adequately support acquisition of land rights. The resulting legal description must be prepared by a surveyor licensed in California where the acquisition is to take place, or by a Bureau of Land Management (BLM) cadastral surveyor. The resulting documents must meet all requirements for recording or notice including the following: “Department of the Interior Standards for Federal Lands Boundary Evidence” (600 DM 5), the instructions and guidance in the “Department of the Interior Standards for Indian Trust Lands Boundary Evidence” (303 DM

7) and the accompanying BLM Manual and Handbook, 9672 and H-9672-1.

Assume 3 month of field survey work for a crew with 6 months of processing of that data.

3.0 Type of Contract

The Government intend a hybrid agreement with Firm Fixed price and Time and Materials for services.

4.0 Period of Performance

The period of performance shall be for one (1) Base Year of 12 months and two (2) 12-month option years. The period of performance reads as follows:

Base Year: January 15, 2024 through January 14, 2025 Option Year 1: January 15, 2025 through January 14, 2026 Option Year 2 January 15, 2026 through January 14, 2027

5.0 Administrative Information:

5.1 Recognized Holidays:

The Contractor is not required to provide services on recognized Federal holidays as follows:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day

5.2 Hours of Operations

The contractor is responsible for conducting business, between the hours of 8:00 a.m. and 5:00 p.m Pacific Standard time, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

The contractor shall perform any required field work at Reclamation facilities between the hours of 8:00 a.m. and 5:00 p.m. Work on private land shall be scheduled via Reclamation staff and meet the requirements of the landowner.

5.3 Place of Performance

The work to be performed under this contract will be performed in the field and at the contractor’s facility.

5.4 Security

The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use.

5.5 Documentation and Records

All documentation, records, and schedules as described in this PWS that are the responsibility of the contractor, are the property of the Government. The contractor shall turn over such documentation to the Government upon completion or termination of the contract. All records are subject to the Freedom of Information and Privacy Acts. As such, the Government will handle any requests for release of any records accordingly.

5.6 Post Award Conference/Periodic Progress Meetings

Meeting Requirements include:

• Kick-Off Meeting: Provide key personnel as required to attend a kick-off meeting with Reclamation and the Program. Meetings will be held in Sacramento, CA or Fresno, CA.

• Coordination Meetings: Provide key personnel as required to attend bi-weekly meetings with Reclamation personnel to discuss task status. Meetings can be held via teleconference.

• Contract will provide written agendas prior to Coordination Meetings, document key Coordination Meetings discussions, provide status updates for activities under each task, and provide notes within a week after each meeting.

• Assistance/Coordination with Reclamation and Interior legal counsel regarding land right acquisition support for more complicated cases up to bi-monthly.

• The contractor should plan to provide part-time (4-8 hours per week) support starting with identification of eligible parties until 90-day letters (49 CFR

24.203 - Relocation Notices) are issued to eligible parties for both residential and non-residential relocations.

5.7 Contractor Travel

Travel will be within the Reclamation California-Great Basin Region which includes California, Nevada and Southern Oregon. All travel will be reimbursed in accordance with the federal travel regulation (41 CFR).

5.8 Delivery

Unless otherwise specified, all deliverables and required forms will be submitted to Reclamation for approval and final retention at contract closeout. Deliverables shall be provided in both Adobe Acrobat (.pdf) and MS Word, MS Project, MS Excel, or .jpeg format unless otherwise agreed upon by Reclamation. The number of required hardcopies for each deliverable is specified in each task. The contractor shall provide the supporting information used in the development electronically including raw data, model input, model output files, executables, analytical calculations, CAD drawings and GIS layers used to develop results and maps.

Keep all books and accounts available so that they may be inspected and/or audited by the Government during normal working hours.

6.0 Government-Furnished Property

Access to private property will be necessary. Reclamation and/or Landowner Coordinator will work with private landowners to facilitate access. Under no circumstances shall the contractor release the results of the field surveys except to the respective landowner without prior authorization by Reclamation.

6.1 Services

None.

7.0 Applicable Publications (Current Editions)

The contractor shall use the following:

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 As Amended, Including 49 Code of Federal Regulations (CFR) Part 24.

https://www.fhwa.dot.gov/legsregs/directives/fapg/cfr4924a.htm

LND 06-01- Federal Land Acquisitions https://www.usbr.gov/recman/lnd/lnd06-01.pdf

Uniform Appraisal Standards for Federal Land Acquisitions https://www.justice.gov/file/408306/download

8.0 Objectives

None.

9.0 Tasks

Task 1 – Time and Materials (T&M) – Relocation Services:

Relocation Services - The Contractor shall provide relocation services in accordance with the Act, the Uniform Relocation Assistance and Real Property Acquisition Regulations for Federally Assisted Programs (49 CFR Part 24), the Government wide implementing regulations issued pursuant to the Program, and any and all applicable regulations. The contract is to relocate the owner occupants and/or tenants and complete the federal actions needed to adequately facilitate the relocation process for both residential and non-residential relocations. Verbal communication shall be made and provided in the preferred language of an eligible party. The contractor shall prepare and distribute to each eligible party in their preferred language any informational materials regarding available relocation services and payments provided under the Act.

a. Interviews - Contractor shall interview and identify in writing the eligible parties to determine the relocation needed.

Deliverables: The contractor shall provide one digital and one paper copy to Reclamation of all relocation interview forms. To include but not limited to a residential displacement inspection/eligibility form.

b. Determine Eligibility - Identify sites, residences, properties and businesses for relocation and maintain and provide to eligible parties’ current and continuing listings of both rental and sale alternate locations on an as-needed basis. Perform inspections https://www.fhwa.dot.gov/legsregs/directives/fapg/cfr4924a.htm https://www.usbr.gov/recman/lnd/lnd06-01.pdf https://www.justice.gov/file/408306/download of replacement properties to verify they meet the decent, safe and sanitary requirement.

Deliverables: The contractor shall provide the editable version, a PDF version and one paper copy to Reclamation of all relocation eligibility forms. To include but not limited to a residential displacement inspection/eligibility form.

c. Provide Relocation Assistance – Provide an inventory of the characteristics and needs of the eligible individual (s) to be relocated. Assist eligible parties by matching comparable available locations to needs, providing referrals, giving counseling and supplying information concerning other Federal, State and Local programs offering assistance to displaced businesses and organizations and provide information regarding other services that may be available. Analyze the anticipated relocation problems; including any special relocation advisory services required; such as a translator for non-English speakers. Assist in determining entitlements for eligible individual (s) such as moving, rental assistance, down payment, replacement housing of last resort.

Deliverables: The contractor shall provide the editable version, a PDF version and one paper copy to Reclamation of all relocation analysis.

d. Claim Processing - Upon request from Reclamation, assist the eligible parties in filling claims for payments of entitlement under the provisions of the Act (relocation payments and moving cost payments). Such claims for payments shall be filed utilizing Standard Form 260-70 or other form approved by the Government.

Upon receipt of such claims described above by Reclamation, make all necessary determinations relative thereto, including the establishment of economic rent where applicable and forward to the Government such claims determined to be allowable under the Act. Upon return by the Government, make offers and issue 90 day notice letters to claimants. Payments will be issued by the Government for both relocation claims and moving cost reimbursements as applicable, after moves have taken place to claimant’s new address.

Deliverables: The contractor shall provide the editable version, a PDF version and one paper copy to Reclamation of all claims forms.

e. Assist in Appeal Documentation Preparation - Within two (2) weeks of receiving any appeal or objection to the determination made on application for benefits, submit the Government (after review by the contractor) all documents originally submitted plus any additional information or documentation furnished with the appeal. The appeal assembly will consist of the following:

• Report of written review by the contractor

• Written appeal and any amendments thereto

• Original application with all attachments

• All pertinent correspondence

• Other documents and material bearing on the case.

Notification of Relocation/Displacement - Upon completion of relocation of occupants, notify Reclamation in writing that such properties are vacant and coordinate with the COR for the Program to secure vacant properties.

Deliverables: The contractor shall provide the editable version, a PDF version and one paper copy to Reclamation of all relocation appeal forms.

Task 2 – Firm-Fixed Price (FFP) – Examination of Title, Cleaning and Clearing of Title Encumbrances:

1. Within eight (8) weeks of receiving a Preliminary Title Report (PTR) for federal acquisition, submit to the Government a draft PTR memo seeking the opinion of the Department of the Interior Solicitor. The preparation of this PTR memo will consist of the following:

• Reasonably diligent search of records, considering the character and value of the property involved and the interests to be acquired;

• Disclose the name of each person in whom title to any interest is vested of record and all additional persons or entities who might have, or who claim to have an interest in the property;

• Contain a sufficient summary of the material facts for the purpose of determining the validity of title when exceptions or objections to the title are noted;

• Collect supplemental and supporting title evidence to include but not limited to: vesting deeds, sales by trusts and corporations, determination of heirships, liens, deeds of trust, etc.; and

• Other documents and material bearing on the case.

Deliverables: The contractor shall provide the editable version, a PDF version and one paper copy to Reclamation of the PTR memo.

Task 3 – Firm-Fixed Price (FFP) - Cadastral Survey to Support Land Acquisition:

Provide 6 basic legal land survey descriptions, associated maps, and approximately 20 days of field surveying - To ensure adequate description of acquired land interests and the protection of boundaries once acquired, a land survey resulting in a sufficient legal description, and with appropriate documentation, must be completed for the land rights acquired. The resulting legal description must be prepared by a surveyor licensed in California where the acquisition is to take place, or by a Bureau of Land Management (BLM) cadastral surveyor. The resulting documents must meet all requirements for recording or notice including the following the “Department of the Interior Standards for Federal Lands Boundary Evidence” (600 DM 5), the instructions and guidance in the “Department of the Interior Standards for Indian Trust Lands Boundary Evidence” (303 DM 7) and the accompanying BLM Manual and Handbook, 9672 and H-9672-1.

Deliverables: The contractor shall provide the editable version, a PDF version and one paper copy to Reclamation of legal land survey descriptions, associated maps, and field survey summaries.

10.0 Performance Assessment and Disincentives

(a) The Quality Assurance Surveillance Plan is one evaluation method the Government uses to determine whether the contractor 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 contractor’s performance.

11.0 Attachment/Technical Exhibit List

Attachment A – Program Map Optimized Attachment B – First Steps Relocation Planning Process Attachment C – Your Rights and Benefits – Residential – Displacement Inspection Form Attachment D – Land Acquisition Process – handout Attachment E – Residential Displacement Inspection worksheet

PERFORMANCE REQUIREMENTS SUMMARY AND

QUALITY ASSURANCE SURVIELLANCE PLAN (QASP)

Performance Requirement Summary (PRS)

Acceptable Quality Level Method of Surveillance

Deduction

Tasks 1-3 Research and prepare documentation

(a) Timelines:

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

(b) Quality:

Collaboration during Reclamation meetings results in meaningful reviews and actions.

Comparison of the submittal date to the need date.

80% or periodic COR surveillance.

Contractor does not meet 98% timeliness threshold in “Acceptable Quality Level”

2% deduction to the months invoice.

If it can be remedied state here also.