RFP-26-6199LS - Exhibit A - Scope of Services.pdf

State of Florida

Department of Transportation

EXHIBIT “A”, SCOPE OF SERVICES

DISTRICT-WIDE CULTURAL RESOURCE

ASSESSMENT SURVEYS AND A BROAD RANGE OF

RELATED WORK AND NATIONAL ENVIRONMENTAL POLICY

ACT (NEPA) COMPLIANCE SERVICES FOR THE FLORIDA

DEPARTMENT OF TRANSPORTATION (FDOT).

PROECT/PROPOSAL NUMBER: DOT-RFP-26-6199LS

FINANCIAL PROJECT NUMBERS(S): 250635-6-22-01 & 250635-6-C2-01

CULTURAL RESOURCE ASSESSMENT (CRA) & NATIONAL ENVIRONMENTAL

POLICY ACT (NEPA) COMPLIANCE SERVICES

BACKGROUND

The Florida Department of Transportation (FDOT), hereinafter referred to as the DEPARTMENT, is committed to managing the cultural resources of Florida, both prehistoric and historic, that are potentially impacted by DEPARTMENT activities. Cultural resources include, but are not limited to, prehistoric and historic archeological sites of human occupation or burial and historic structures generally fifty years of age or older such as houses, buildings, or bridges.

The DEPARTMENT's cultural resources program is first concerned with identifying all cultural resources potentially affected by a transportation project. The DEPARTMENT currently contracts for archaeological and historical cultural resources surveys to identify such resources. The surveys range from simple reconnaissance surveys to intensive surveys requiring subsurface testing in the form of test pits or excavation units, and/or extensive historic research such as detailed review of both primary and secondary source materials as well as resident and informant interviews. Cultural resources identified during these surveys are then assessed in terms of their significance, that is, eligibility for listing in the National Register of Historic Places (NRHP). This assessment is made in consultation with the FDOT State Office of Environmental Management (OEM) and the Historic Compliance Review Section of the Division of Historical Resources (DHR), Department of State. Other agencies and organizations may also be involved in the assessment of a resource's significance.

The OEM and the DEPARMENT, in consultation with the State Historic Preservation Officer (SHPO), then determine the potential effects of the proposed transportation project on any cultural resources identified as Significant. The Advisory Council of Historic Preservation (ACHP), Washington D.C., may also participate in this process. If a potential adverse effect on a significant cultural resource is identified, an attempt is made to avoid this effect or to mitigate its impacts. Mitigation measures may, for example, involve changes in project parameters, the excavation and documentation of aboriginal sites, or the documentation of historic structures. Avoidance or mitigation measures also involve consultation between the DEPARTMENT, OEM, FHWA, representatives of the SHPO, the ACHP, the Tribal Historic Preservation Officer (THPO) and other Native American representatives, and other agencies and organizations. Finally, all stages of this process are supported by complete documentation.

PURPOSE AND OBJECTIVES

The DEPARTMENT commits to its Cultural Resource Management Program to comply with the provisions of the National Historic Preservation Act (NHPA) of 1966 (Public Law 89- 665, as amended) and the implementing regulations (36 CFR 800), the provisions contained in Chapter 267, Florida Statutes, and any other regulations, procedures, DOT-RFP-26-6199LS Exhibit A Scope of Services Page 2 of 24 policies or agreements addressing the treatment of historic properties which include, but are not limited, to the following:

National Environmental Policy Act (NEPA) of 1969 (Public Law 91-190)

Department of Transportation Act (DOTA) of 1966 (Public Law 89-670)

Executive Order 11593, Protection and Enhancement of the

Cultural Environment

Executive Order 13175, Consultation and Coordination With Indian Tribal

Governments

Archaeological and Historic Preservation Act of 1974 (public Law 93-291)

Chapter 253.027, Florida Statutes -Emergency Archaeological Property

Acquisition Act

Chapter 872, Florida Statutes -Offenses Concerning Dead Bodies and Graves

FDOT Project Development & Environment (PD&E) Manual

23 CFR 771 .135 Section 4(f) (Recodified as 49 U.S.C. 303).

FDOT Cultural Resources Management Handbook

FDOT Sociocultural Effects Evaluation Handbook

Section 106 Programmatic Agreement between the ACHP, FHWA, SHPO, FDHR, SHPO

USC 327)

State Historic Highway (SHH) laws in Miami Dade County (multiple), both on and off the State Highway System

FDOT Right-of-Way Administration Procedures Manual

The DEPARMENT's District Six (comprising of Miami-Dade and Monroe Counties) objective is to obtain a CONSULTANT to perform a broad range of Cultural Resource Assessment (CRA) and NEPA compliance services in accordance with the DEPARTMENT's Cultural Resource Management Program. Services will be provided on an as-needed basis for program development purposes and/or for response to situations requiring resources assessment and/or mitigation either prior to or during the planning, development, construction, or maintenance of transportation projects.

The purpose of the CRA services is to locate, identify and bound any cultural resources, prehistoric or historic, associated with DEPARTMENT projects, including Local Agency Program (LAP) Projects, and assess their significance in terms of eligibility for listing on the NRHP (according to the criteria set forth in 36 CFR Section 60.4). Additional services may include, but are not limited to, the following activities:

Impact assessment of FDOT and LAP projects as they relate to cultural resources, and the development of recommendations for avoidance or mitigation;

Phase I, II, and III archeological surveys and evaluations;

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 3 of 24

Photographic or other architectural documentation measures for evaluation of historic structures including bridges, districts, and linear resources;

Cultural Resources Management (CRM) mitigation actions, including excavation.

Completion of Master Site File forms, as required;

Archaeological monitoring or during road construction;

Evaluation, coordination and documentation of potential Individual, Programmatic and/or De Minimis Section 4(f) impacts to historical and archaeological resources;

Environmental impact reviews on minor transportation improvement projects, and in-house general support related to the DEPARTMENT'S Work Program;

Production tracking of the DEPARTMENT's Work Program as it relates to

Cultural Resource Assessments of FDOT projects;

Preparing, or assisting the DEPARTMENT with preparing for informational presentations to boards, committees, agencies, interested or consulting parties, and/or the public;

Coordinating, developing, leading, conducting, assisting with, and documenting

Affected Parties Consultation as required under Section 106 of the NHPA;

advising the DEPARTMENT of responsibility related to such;

Assisting the DEPARTMENT with media-related inquiries as needed;

Preparing or assisting the DEPARTMENT with preparation of agency transmittal and summary letters for CRAS, Effects, MOA, and other CRM-related documents, State Historic Highway (SHH) correspondence, and other correspondence with agencies or the public;

Any other Cultural Resource Assessment or Management service or SHH-related service that may be requested by the DEPARTMENT.

All work conducted under this contract will be coordinated with and supervised by the District Six Cultural Resources Coordinator. The DEPARMENT will provide contract administration, management services and technical reviews of all work associated with development and preparation of the cultural resource assessment surveys and reports.

The DEPARMENT will also provide coordination with the OEM, FHWA and the Florida Department of State, DHR. All services must conform to the DEPARTMENT’s latest version of standards, specifications, manuals, procedures and handbooks.

SERVICES TO BE PERFORMED

The CONSULTANT will provide any of the following services contained herein, if and when required by the DEPARTMENT:

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 4 of 24

1. Cultural Resource Assessment Surveys (CRAS):

The CONSULTANT will accomplish the following work elements in the completion of Cultural Resource Assessment Survey:

a. Conduct a Literature Review and Background Research

Archaeological and historical resource documentation pertinent to the project area will be identified and reviewed to determine the types of cultural resources present, their chronological associations, locational patterning, and other relevant findings.

Such documentation will include, but not be limited to, Cultural Resource Survey Reports, Comprehensive Plan Studies, published books and journal articles, the National Register of Historic Places, the Florida Master Site File, and any county or local site inventory. This review will also include, when possible, information gathered from other professionals in pertinent disciplines, vocational archaeologists and historians, and local residents of the project area in question.

b. Develop the Project Area of Potential Effect (APE)

Per implementing regulations under 36 CFR 800.16, the CONSULTANT shall propose the Area of Potential Effect (APE) for the project, to include the geographic area or areas within which an undertaking may directly or indirectly cause alterations in the character or use of historic properties. The CONSULTANT shall take into account the scale and nature of an undertaking when developing the APE.

c. Prepare Archaeological, Historical, and Environmental Overviews of the Project Area

1) Archaeological Overview: A summary of the area's prehistoric and historic archaeology, and underwater archaeology if applicable/needed, will be prepared based on the findings of the literature review and other background research. The overview will identify the chronological, functional, and locational dimensions of the project area's archaeological record, as well as provide a basis to partition the project area into ranked zones of archaeological site occurrence potential, to analyze recovered cultural data and to evaluate the significance of archaeological sites occurring in the project area.

2) Historical Overview: An overview of the history of the project area will be prepared based on the findings of the literature review and other background research. The overview will identify the significant events, locations, structures and individuals associated with the development of the project area. Particular attention should be paid to land use patterns and the historical environment. The potential for historical archaeological sites should also be addressed. The

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 5 of 24 overview should provide a basis for evaluating the significance of both historical and architectural/historical resources occurring in the project area.

3) Environmental Overview: An overview of the project area's salient features will be prepared to include a description of the area's topography, geology, hydrology, pedology, and vegetative associations. The description should include a discussion of past and present environmental configurations in terms of relationships to the occurrence of cultural resources.

d. Prepare and Submit a Research Design

The CONSULTANT may be required to prepare and submit a Research Design which provides an overall plan to guide the location, identification and evaluation of cultural resources. This design should address all phases of investigation from background research to report preparation. At a minimum, the Research Design contains the project name and location, the overall approach and specific methodologies to be employed, and listing of previously identified NRHP sites, structures, and districts, as well as previously recorded FMSF structures. The potential for unrecorded archaeological sites and historic structures, and a map identifying zones of archaeological probability, including underwater archaeology if applicable, should also be included. The research design will be submitted to the DEPARTMENT for review and approval prior to initiating the field survey.

e. Conduct a Field Survey of the Project Area

A cultural resources field assessment survey of the project area will be conducted. The survey will use both surface and subsurface testing techniques to locate, identify, and evaluate the significance of cultural resources occurring in the project area. The intensity of field-testing will be keyed to ranked probability zones (high, medium, low) of possible cultural resource occurrence based on paleo-environmental data, the occurrence of known sites, historic development, land use patterns and other pertinent information. Subsurface testing in these ranked zones will adhere to standards set forth in the guidelines promulgated by the Florida Division of Historic Resources [DHR] (see "the Historic Preservation Compliance Review Program Manual" as revised}. Testing in areas of high site probability should proceed at approximately 25 meter intervals and in areas of moderate potential at approximately 50 meter intervals.

Testing in low probability areas should generally proceed on a judgmental basis with at least ten percent of such areas subject to testing. Judgmental testing should also be completed in areas of high and moderate site potential as appropriate.

Subsurface tests will typically be 0.5 meters in diameter and dug to a minimum, subsurface conditions permitting, of one meter. All spoil from excavated tests should be sifted through 1/4 (one quarter) inch metal hardware cloth. Any cultural materials recovered from either surface or subsurface testing will be stored in plastic bags and properly labeled by its source. Any organic materials recovered

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 6 of 24 in testing such as faunal and floral materials will be stabilized, if necessary, and preserved for future analysis.

In order to identify historic or archaeological resources, a reconnaissance survey of the standing structures along the project corridor shall be undertaken. As part of this effort, the CONSULTANT will inspect all structures along the project corridor in order to properly evaluate the historical or architectural significance of each property. When appropriate, informant interviews should be conducted concerning any potential cultural resources identified. In addition, any necessary primary and secondary source research will be conducted in order to supplement the background research which includes local information, materials kept by the Department of State in Tallahassee and elsewhere, and any other regional, state or Federal repositories.

In the event that historic structures are encountered on a survey, each site will be properly mapped and photographed. This will include a topographic and a street map with the location of the structure(s) indicated. It should also include a sketch map showing the prominent resources on the property and black and white photographs of the sites integral features (i.e. main facade, formal entrances). Also, the estimated date of construction and architectural style should be determined. The structure's architectural-historical significance must be evaluated, when possible, and the principle personages involved in its construction identified (i.e. architect, builder, etc.). In addition, archaeological subsurface testing will be conducted using approved methods in an attempt to detect any subsurface artifacts or features associated with the historical structure.

Documentation: A Florida Master Site File (FMSF) form will be completed on every prehistoric or historic cultural resource identified in the assessment survey. A NRHP Determination of Eligibility (DOE) package will be completed on each prehistoric and historic cultural resource considered to be a significant-resource according to criteria established by law (see Federal Register, CFR No. 18, Vol. 39, Part 111,

pp. 3369-3370 and Chapter 5, Section 2 of the FDOT Cultural Resource Management Handbook). In the case of historic resources, specifically historic structures and related features, the DOE package will include a NRHP Registration Form with accompanying documentation. Maps, drawings, and photographs should be used, as appropriate, in the documentation of the cultural resources addressed in the assessment process. Field notes documenting the progress of the assessment survey should be maintained.

These notes should include the type, number of tests conducted, a brief description of artifacts or features encountered in testing, soils information, and other information pertinent to the assessment survey. All subsurface tests and areas of surface examination should be clearly marked on aerial photographs of the project area provided by FDOT. Finally, a Survey Log Sheet and survey location map should accompany the final report.

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 7 of 24

f. Process, Analyze, and Catalogue Recovered Cultural Materials

Laboratory processing will consist of artifact cleaning, stabilization (if required), packaging, and storage. Laboratory analysis will consist of the morphological and functional (if possible) classification of artifacts and if diagnostic, the establishment of their cultural/temporal affiliations. Proper and detailed documentation of artifact provenance, number, type, and description will be maintained. Artifacts will eventually be transferred to the FDOT by the CONSULTANT pending a decision on their final disposition.

g. Prepare Report Documenting the Results of the Cultural Resource Assessment

A draft report presenting the methods, findings, evaluation, and recommendations of the CRAS of the entire project will be prepared and submitted to the Cultural Resource Contract Manager for review and comments. The report is to be prepared as to conform to the standards set forth in FDOT's Project Development and Environment Manual (PD&E Part 2, Chapter 8, as revised) as well as to the standards embodied on the Florida Division of Historical Resources "Historic Preservation Compliance Review Program Manual" (as revised). The draft report will also contain copies of the Master Site File forms and any applicable DOE forms, along with a Survey Log Sheet. Following the review of the draft document and receipt of FDOT comments, a final report will be submitted to FDOT within a timeframe negotiated by FDOT and the CONSULTANT, not to exceed two (2) weeks. In addition to the final report on the project, the CONSULTANT will provide monthly status reports to FDOT documenting the progress of the Cultural Resource Assessment. These reports will include information on survey findings, scheduling, potential problems, and other information considered pertinent.

2. Prepare Case Study Report:

The CONSULTANT will prepare a report documenting the potential effects of a transportation project on the cultural resource(s) determined to be significant by FHWA in consultation with SHPO. The Case Study (Effects) Report should be written in accordance with pertinent specifications in the DEPARTMENT's PD&E Manual, Part 2, Chapter 8 (latest version), FDOT Cultural Resources Management Handbook (latest version), and in informational documents produced by the DEPARMENT'S State Office of Environmental Management Office (SOEM).

3. Conduct Section 106 Affected Parties Consultative Process

The CONSULTANT will identify, coordinate, develop, lead, conduct, document and/or assist with the consultative requirements under Section 106 of the NHPA including Affected Parties Consultation as required under Section 106 of the NHPA; and advise the DEPARTMENT on responsibilities related to this task.

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 8 of 24

4. Prepare Memorandum of Agreement or Memorandum of Understanding:

The CONSULTANT will prepare a Memorandum of Agreement (MOA) or Memorandum of Understanding (MOU) and associated documents specifying measures to be undertaken to mitigate the effects of a transportation project on a significant cultural resource. The MOA or MOU should be prepared in accordance with pertinent specifications in the DEPARTMENT'S PD&E Manual, Part 2, Chapter 8 (latest version), Cultural Resources Management Handbook (latest version), the Advisory Council on Historic Preservation (ACHP) publication "Preparing Agreement Documents" (PAD) (1988), and any guidelines produced by the Florida DHR/SHPO, as directed by the

DEPARTMENT.

5. Excavations of Prehistoric or Archaeological Resources:

The CONSULTANT will conduct excavations of prehistoric or historic archaeological resources to mitigate adverse effects to such resources resulting from transportation projects, in accordance with pertinent specifications in the latest version of the DEPARTMENT'S Cultural Resources Management Handbook. The CONSULTANT shall perform all operations necessary to accomplish salvage excavation of the resource:

excavate; process, analyze, and catalogue recovered materials; accession such materials for storage in a curation facility; and prepare draft and final reports documenting the results of the excavation and analysis.

a. The CONSULTANT will develop a research design or data recovery plan for the excavation prior to the initiation of field work. The research design will be submitted to the DEPARTMENT for review and approval prior to beginning work.

b. The excavation shall be complete and sufficient to meet the requirements of the MOA/MOU or any other regulatory document governing mitigation of the resource.

c. The draft report will be provided with all appropriate documentation concerning the excavation and analysis of materials. Following review and comment on this report by the DEPARTMENT and/or FHWA, the CONSULTANT will provide a final report within twenty (20) working days of receipt of the returned draft copy.

6. Mitigation Measures for Significant Historical/Cultural Resources:

The CONSULTANT shall document (and perform, if appropriate) mitigation measures with regard to Significant historical /cultural resources such as houses, buildings, or bridges occurring individually or as Historic Districts.

a. Mitigation Measures:

The mitigation measures and their documentation shall be complete and sufficient to meet the requirements of the MOA/MOU and any other regulatory document

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 9 of 24 governing mitigation of the resource. These will usually include, but are not limited to, the specifications of the Historic American Building Survey (HABS), the Historic American Engineering Record (HAER), Historic American Landscapes Survey (HALS) or the U.S. Secretary of the Interior's Standards for mitigation-related work.

b. HABS/HAER/HALS Large-format photography and archival documentation:

The U.S. Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation define the products acceptable for inclusion in the Heritage Documentation Programs (HABS/HAER/[HALS), and the Federal Register Volume 68, No. 139 of 2003 outlines the specific content required for each level of documentation, including Level I through Level III. The HABS/HAER/HALS includes drawings on archival quality paper such as ink or mylar. These drawings will range from very detailed measured drawings, to copies of existing plans, or simple sketch plans. Large-format photographs are required as part of each level of documentation and the photographs must be taken with a large-format camera and meet the established photographic standards. Large format photographs shall clearly depict the appearance of the property and areas of significance of the recorded building, site, structure, object, or landscape. Each view shall be perspective-corrected, and photographs will be processed and stored according to archival standards; negatives on safety film only; prints on fiber paper, such as AlO paper; no resin-coated paper.

Written history and description for Levels I and II shall be based on primary sources to the greatest extent possible. For Level III, secondary sources may provide adequate information; if not, primary research will be necessary. A frank assessment of the reliability and limitation of the sources shall be included. Statements shall be footnoted as to their sources, where appropriate, within the written history. Oftentimes, this documentation is stored at the SHPO/DHR archives and appropriate local repositories, but if necessary the information is also sent to the Library of Congress.

Draft documentation related to mitigation of historic resources will be submitted to the DEPARTMENT in a report format. Following review and comment on this report by the DEPARTMENT, SHPO and/or FHWA, the CONSULTANT will provide a final report within twenty (20) working days of receipt of the returned draft copy.

c. Artifacts:

Prepare and process cultural materials such as artifacts and documents obtained from cultural resource surveys and/or mitigation measures in accordance with Federal curation standards set forth in 36 CFR Part 79, and with standards and procedures promulgated by the FDHR.

d. Advertisement of NR-Eligible Bridges:

Consultant shall prepare and/or assist in preparing documents related to advertisement of National Register-eligible bridges (either individually or as contributing resources to a group) that are to be replaced in accordance with

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 10 of 24

Section 4(f) requirements, and are made available for an alternative use, provided a responsible party agrees to maintain and preserve the bridge and the FHWA/OEM is in agreement.

e. State Historic Markers:

Prepare and/or assist in preparing applications for State Historic Markers including appropriate wording and related materials, for submittal and approval through the Florida Department of Historic Resources (FDHR) website for State Marker Committee approval. Assist with research, text preparation, or other related tasks for historical markers, or other appropriate mitigation measures, as needed for DEPARTMENT and LAP projects.

f. Other Historic Markers and Plaques; Other Mitigation:

Conceptualize, develop and coordinate other historic markers and plaques, or other appropriate mitigation measures such as video concepts, models, display concepts and as needed, for DEPARTMENT and LAP projects; assist with research, text preparation, research of manufacturers and related cost information.

7. Cultural Resources Commitment Compliance Inspections:

The CONSULTANT may be required to provide inspection services for DEPARTMENT construction projects, maintenance activities, or mitigation sites. Results of the inspections will be provided in a previously approved memorandum format to the Project Manager on a weekly or daily basis or as needed. The memorandum may include but not be limited to, the status of the project, activities observed at the site, non-compliance activities, a photographic log, and a record of conversations held with DEPARTMENT staff members, CEI consultants and/or contractors. The CONSULTANT will report non-compliance activities immediately to the DEPARTMENT's Construction Project Manager or designee with corrective action recommendations. The CONSULTANT shall provide verbal updates to the Project Manager or designee during inspection activities.

The CONSULTANT will determine during these inspections if the contractor is complying with the FHWA, OEM, SHPO, DHR requirements and/or cultural resource-related permit conditions for the project, the construction plans and notes, and/or other cultural resource-related commitments made by the DEPARTMENT as part of F.S. 267, Section 106 (NHPA), Section 4f, NEPA or permitting processes or during design.

8. Historic and Archaeological Resource Monitoring:

The CONSULTANT will perform archaeological or historical monitoring as required by the DEPARTMENT, complete reports, perform associated coordination and obtain permits as needed.

The CONSULTANT will also inspect construction projects for proper compliance with historic or archaeological resource monitoring commitments or conduct historic or

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 11 of 24 archaeological monitoring activities. The CONSULTANT will report any apparent disregard of historical or archaeological resource monitoring requirements. Personnel conducting historical or archaeological monitoring must meet the minimum criteria for historians and archaeologists as set forth in the Secretary of the Interior’s (SOI) Standards and Guidelines for Archaeology and Historic Preservation and 36 CFR 61.

The CONSULTANT will prepare historical and archaeological monitoring reports or insure these reports are completed by the DEPARTMENT or LAP construction team and submitted as required to the Florida Division of Historical Resources (DHR) with a copy to the District Six Cultural Resources Coordinator, District Environmental Commitment Compliance Monitor and the DEPARTMENT Project Manager.

9. Prepare Unanticipated Finds Plans (UFP):

The CONSULTANT will be responsible for development, preparation and coordination of Unanticipated Finds Plans (UFP) and obtaining concurrence from the SHPO/DHR with such plans to be used during DEPARTMENT and LAP Construction projects.

10. Obtain Permits

The CONSULTANT will assist the DEPARTMENT with obtaining 1A-32 permits as needed and insuring compliance with FAC 1A-32 when it is necessary to conduct archaeological testing or subsurface disturbance on state lands for a DEPARTMENT or LAP project.

11. Section 106 Programmatic Agreement (PA) Compliance:

The CONSULTANT shall be knowledgeable of and will assist with the Section 106 Compliance Process (NHPA of 1966, as amended), as directed by the DEPARTMENT, including consultation with the SHPO and the Historic Compliance Review Section of the DHR, the ACHP, the FHWA, the THPO, and interested parties. The CONSULTANT will assist with program implementation and compliance with the FHWA-delegated Section 106 interagency PA and related requirements.

12. FTA Projects and APE Justification Reports:

The CONSULTANT will assist the DEPARTMENT with preparation of APE Justification Reports for projects where the FTA is the lead Federal agency. APE Justification Reports are a separate document to be circulated to the SHPO and Tribes prior to initiating the CRAS phase of a project. The report must follow the FTA guidance on evaluating historic and archaeological resources for transit projects. The CONSULTANT shall also assist the DEPARTMENT with providing QA/QC of APE Justification Reports and other Section 106 documentation prepared by other Section 106 professionals for transit projects.

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 12 of 24

13. NEPA Assignment Support:

The CONSULTANT will assist the DEPARTMENT with tasks related to NEPA Assignment. The FDOT assumed the responsibilities of the USDOT Secretary for federal environmental laws with respect to highway projects within the State of Florida which is documented in a Memorandum of Understanding dated May 26, 2022, and executed by FHWA and FDOT. Tasks include but are not limited to providing support to the DEPARTMENT during annual audits performed by the FHWA, reviewing Section 106 documents prepared by other Section 106 professionals on behalf of the DEPARTMENT, and providing assistance and support with uploading and coordination of documents for OEM review through ERC and the SWEPT tool.

14. Emergency Discovery:

The CONSULTANT should respond within 24 hours upon notification to the DEPARTMENT's needs for assessment, survey, and/or mitigation in an Emergency Discovery situation. The CONSULTANT may be required to complete a field review within seven (7) calendar days of the notification or as directed by the DEPARTMENT.

The CONSULTANT shall immediately notify the DEPARTMENT's District Cultural Resources Coordinator in the event an emergency discovery occurs during execution of their duties.

15. Section 4(f) Support:

The CONSULTANT will be required to provide recommendations, support, coordination and document development regarding properties/sites that may be regulated under Section 4(f) of the Department of Transportation Act including Individual, Programmatic and De Minimis Section 4(f) evaluations. Assist in De Minimis findings related to historic properties under 4(f); recommend ways of avoiding Section 4(f) impacts.

16. State Historic Highway (SHH) Support:

The CONSULTANT will be required to provide support and assistance with compliance with all State Historic Highway laws in District 6, both on and off the State Highway System (SHS), for both DEPARTMENT's LAP projects, and miscellaneous reviews such as, but not limited to, permits, Right-of-Way leases, and surplus property sales.

The CONSULTANT will be required to prepare or assist with preparation of transmittal letters to the FDHR summarizing pertinent engineering, landscaping, cultural resource, public involvement or other applicable information, for DEPARTMENT and LAP projects involving State Historic Highways (SHH’s) in District Six. These letters will summarize project design, engineering, landscape or other necessary analyses, agency coordination, and required public involvement activities which have occurred for the project, in anticipation of approval for project improvements on the SHH from the FDHR. The analysis of project design impacts, and/or justification for roadway, landscape or other corridor modifications under the SHH law, will be provided to the CONSULTANT by the DEPARTMENT.

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 13 of 24

17. National Historic Landmark Support

The CONSULTANT will be required to provide support, assistance and coordination related to National Historic Landmarks in District Six, both on and off the State Highway System (SHS), for DEPARTMENT and LAP projects, Right-of-Way leases and surplus property sales.

18. Section 6(f) Support

The CONSULTANT will be required to provide support, assistance and coordination related to Section 6(f) properties in District 6, both on and off the State Highway System (SHS), for DEPARTMENT and LAP projects, Right-of-Way leases and surplus property sales, for any 6(f) impacts or involvement which may affect historic or archaeological resources.

19. Florida Keys National Marine Sanctuary Cultural Resources Support

The CONSULTANT will be required to provide support, assistance and coordination related to historic and archaeological resources protected under the Florida Keys National Marine Sanctuary (FKNMS) on and off the State Highway System (SHS), for DEPARTMENT and LAP projects, Right-of-Way leases and surplus property sales which may affect FKNMS historical or archaeological resources.

20. Native American Coordination:

The CONSULTANT will assist with, and support the DEPARTMENT with issues related to Native American coordination as directed.

21. Plans Reviews using Electronic Review Comment (ERC) System

The CONSULTANT will be required to perform plans review of major and minor projects, enter comments using the DEPARTMENT’s Electronic Review and Comment (ERC) system, attend phase review meetings to discuss and resolve comments as needed, and ensure plans are properly implemented.

22. Modified Special Provisions (MSP) and Technical Special Provisions (TSP)

The CONSULTANT will be required to assist with preparation of Modified Special Provisions (MSP), Technical Special Provisions (TSP), pay items descriptions and plans notes associated with archaeological and/ or historic monitoring or resource protection during construction for DEPARTMENT projects, as needed.

23. Right-of-Way Leases and Surplus Property Reviews

The CONSULTANT will be required to assist with cultural resource assessments and reviews associated with proposed leases and disposal of surplus DEPARTMENT

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 14 of 24 property in compliance with FS 267 and DEPARTMENT’s Right-of-Way Administration Procedures Manual.

24. Meetings:

The CONSULTANT will be required to meet in person with the District Cultural Resources Coordinator, either at the District Headquarters or at the project site location, as often as the District Cultural Resources Coordinator deems necessary, to ensure the timely and successful completion of work on a project. The CONSULTANT will be required to meet in person with the DEPARTMENT, OEM, FHWA, DHR, local Historic Preservation Boards, Tribal governments, and any other Federal, State or local agency or municipality, Nongovernmental Organization (NGO) and/or the public, on an as needed basis.

25. Public Involvement and Presentations:

The CONSULTANT will be required to prepare for and/or present project- or program-related presentations on an “as needed” basis and assist in preparation of presentations by DEPARTMENT staff. Presentations may be made to the DEPARTMENT, OEM, FHWA, DHR, local Historic Preservation Boards, Tribal governments, and any other Federal, State or local agency or municipality, board, Nongovernmental Organization (NGO) and/or the public, or at conference or trainings on an "as-needed" basis. Presentations may be made through the use of audio-visual aids such as photographs, video, and Power Point presentations or other appropriate software applications for future agency or public involvement use. Presentations shall be in a format that can be updated by the DEPARTMENT in the future, if needed. The CONSULTANT will provide assistance with interactive presentations or demonstrations as needed.

26. Cultural Resource Assessment Program Support and Audits:

The CONSULTANT shall assist the DEPARTMENT with preparation for and completion of Quality Assurance/Quality Control Reviews (QAR) conducted by the FDOT State OEM, Quality Assurance Reviews and Formal Audits conducted by the FHWA or other entity, Section 106 Programmatic Agreement annual compliance reviews, and Section 106 Program compliance reviews by the FHWA, OEM or other entity under the NEPA Assignment MOU and the Section 106 PA. Services may include, but not be limited to, gathering, consolidating, reviewing, categorizing and summarizing project materials, responding to QAR review questions, providing best management practices and solutions, and post-QAR follow-up tasks.

27. Quality Assurance / Quality Control Reviews of Cultural Resource Assessment prepared by others:

The CONSULTANT shall assist the DEPARTMENT with providing QA/QC review of Cultural Resources Assessments including but not limited to a CRAS, Case Study, FMSF, MOA or Unanticipated Finds Plan, prepared by other Cultural Resource professionals

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 15 of 24 working on behalf of the DEPARTMENT, LAP agencies, or other local municipalities or entity which may affect or entail work on DEPARTMENT rights-of-way.

28. Professional Training:

The CONSULTANT will provide professional training or instructions in cultural resources management theory, methods, and techniques, as needed and requested by the DEPARTMENT. Training may include instruction on the FHWA-delegated Section 106 Program under the interagency PA, CRM-related training to Environmental, Design and Construction staff and LAP Agency personnel, and training of Construction staff using appropriate methods and materials, for FS 872 awareness of potential archaeological resources or remains in association with an Unanticipated Finds Plan or monitoring plans.

29. Efficient Transportation Decision Making Process:

The CONSULTANT will participate in the Efficient Transportation Decision Making (ETDM) process, project review, coordination and data management as needed by the ETDM Coordinator. The CONSULTANT will utilize Geographic Information System (GIS) for ETDM and other project evaluations, as directed by the DEPARTMENT and assist the DEPARTMENT'S GIS Coordinator with GIS-related updates.

30. Expert Witness in Legal Proceedings:

The CONSULTANT will serve as an expert witness in legal proceedings if required by the

DEPARMENT.

31. Work Program Support and Production Tracking:

The CONSULTANT over the life of the contract shall be required to provide part-time or full time in-house staffing at the District Six headquarters as needed by the DEPARTMENT to support the Planning and Environmental Management Office (PLEMO) work efforts.

Specific procedural guidance will be provided by the DEPARTMENT upon assignment of each task. All services must conform to any current federal, state, and local laws, procedures, standards, and guidelines. The CONSULTANT support will include, but not be limited to, the following:

1) Reviewing plans for cultural resource impacts or effects at each submittal phase for major and minor projects in the DEPARTMENT’S Work Program, including projects submitted by local municipalities as part of the LAP projects.

2) Electronic systems updates such as inputting comments into the DEPARTMENT's Electronic Review Comments (ERC) program, updating DEPARTMENT'S Project Suite system with schedules and timeframes for

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 16 of 24

a. Conducting Environmental Impact Reviews. This will include, but is not limited to:

cultural resource related tasks in the PSEE Environmental Module, monitoring production schedules in the PSEE Project Scheduling Module.

3) Completing CRAS updates as part of NEPA Reevaluations on previously completed PD&E studies that are advancing through the design phase.

b. Providing office support related to Work Program activities including, but not limited to, project document and correspondence filing in the project file or

Administrative Record, scanning, and document formatting/preparation, preparation of flow charts and process maps, and preparing and updating

Production and Construction Compliance tracking spreadsheets related to

Cultural Resources tasks. Examples of such schedules/trackers may include but are not limited to, the DEPARTMENT’S archaeological monitoring tracker for construction projects, project-specific summaries of field and written permit requirements, environmental compliance and mitigation site inspection schedule, status of permits routed for signature, project anticipated start and end dates, and the DEPARTMENT’s Project Commitment Record (PCR) tracker (FDOT Procedure #700-011-035-a).

c. Develop and/or update informational manuals to be utilized by DEPARTMENT'S staff, Design Consultants, Construction staff, or CONSULTANT to facilitate the DEPARMENT's projects and processes. The CONSULTANT will, as directed, present the information to the DEPARTMENT's staff members or other involved parties as required. All such manuals or presentations are to be done under the direction and approval of the District Cultural Resource Contract Manager and the District Environmental Administrator.

d. Providing project support to the DEPARTMENT in cultural resources production tracking. The CONSULTANT will be assigned to projects in the Electronic Review Comment system (ERC) and Project Suite Enterprise Edition (PSEE) as the Cultural Resource Impact Reviewer. In addition, the CONSULTANT will be responsible for developing, updating, and managing a Cultural Resources Tracker.

The Cultural Resources Tracker will be done under the direction of the District Cultural Resources Coordinator. The information provided in the tracker by the CONSULTANT will include, but not limited to, project status, financial information, Production List Dates, updates from phase review meetings, status of documentation prepared by the CONSULTANT, documentation needed as determined by the CONSULTANT and in coordination with the District Cultural Resources Coordinator, and status of coordination with the SHPO/FDHR and/or the Tribal Historic Preservation Officer (THPO). The CONSULTANT will coordinate with the project’s Environmental Impact Reviewer on project status and updates, as necessary.

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 17 of 24

e. Early field and desktop reviews of Transportation Alternatives Program (TAP) applications received annually by the DEPARTMENT for scoping and early assessment of cultural resource issues and tasks.

f. Provide support related to NEPA Assignment including uploading of documents into the ERC system and the Statewide Environmental Project Tracker (SWEPT) system tool; these include, but are not limited to, APE Reports, Research Plans, CRAS’, Case Studies, MOA’s and other related documents.

PERSONNEL STANDARDS AND QUALIFICATIONS

Personnel qualified to conduct cultural resource projects for the DEPARTMENT are those individuals who meet at least the minimum criteria for historians, archaeologists, architectural historians and other professionals as set forth in the U.S. Secretary of the Interior Standards and Guidelines for Archaeology and Historical Preservation and 36 CFR Part 61, Chapter 1A-46.004, Florida Administrative Code, Criteria for Qualifications for Archaeologists, and the FDOT Cultural Resources Management Handbook (revised 2004 or later) Chapter 1, Section 1.2.1. In addition, personnel qualified to conduct all the services under this contract shall have demonstrated knowledge of and experience in NEPA, Section 106 of the NHPA, and Section 4(f) analysis and documentation, as it pertains to transportation related projects in the State of Florida. Individuals responsible for conducting DEPARTMENT related cultural resource projects must have the requisite knowledge of regional prehistory and history to make informed decisions regarding NRHP eligibility, as well as be familiar with the types of resources likely to be encountered in South Florida during these projects, and the methods for identifying, evaluating, and documenting these resources. If SUB-CONSULTANTS or specialists are to be hired by the CONSULTANT, as needed during the course of the project, then documentation concerning these professionals must be provided at the appropriate time for review and approval by the District Cultural Resource Coordinator. No sub-contractual services that have not received pre-approval by the DEPARTMENT will be accepted.

The proposed participation of the above individuals in the DEPARTMENT's projects is subject to approval by the District Cultural Resources Coordinator based on their meeting the minimum qualifications for such work as stated in the above-mentioned guidelines and based on a review of their work history. The CONSULTANT should be prepared to provide qualified technical professionals at any level requested. It is also necessary that all qualified personnel assigned to a project perform project activities directly related to their specific area of expertise. In other words, archaeologists will not conduct historic building surveys, nor will historians or architectural historians describe and evaluate archaeological sites. This facilitates that the individuals conducting specific tasks meet the professional qualifications specified herein, and perform the necessary work in a credible and professional manner consistent with the intent of federal and state law.

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 18 of 24

The CONSULTANT shall submit signed, dated resumes of all personnel working on this contract, including proposed SUB-CONSULTANTS. The following job classifications have been identified and/or defined by the DEPARTMENT:

Project Manager - Bachelor's or Master's Degree with contract management experience.

Five years of experience with FDOT PD&E studies or similar NEPA studies. Tasks include:

conducting professional cultural resource and Section 4(f) studies and resource reviews for the DEPARTMENT; managing DEPARTMENT relationships; analyzing project budgets;

supervising staff; reviewing and editing technical reports; overseeing SUBCONSUL TANT management; planning and scheduling for projects as needed; handling Quality Assurance/Quality Control (QA/QC); and managing project accounting.

Principal Investigator - The person or persons responsible for supervising the identification, evaluation, and documentation of archaeological and/or historic resources on FDOT cultural resource projects. In addition to an advanced degree in a Cultural Resources related field and at least five years of related work experience, the resume shall document and provide references to demonstrate five years of experience with FDOT PD&E studies or similar NEPA studies and show timely project completion and successful FHWA/SHPO review.

Archaeologist - The minimum professional qualifications are a graduate degree in archaeology, anthropology with archaeology as a major area of emphasis, or closely related field plus:

At least one year of full-time professional experience or equivalent specialized training in archaeological research, administration or management. In addition, a professional in precontact archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the precontact period.

At least four months of supervised field and analytic experience in general North American archaeology.

At least six months of field experience in South Florida.

DOT-RFP-26-6199LS Exhibit A Scope of Services Page 19 of 24

Demonstrated ability to carry out research to completion in a timely fashion.

Architectural Historian - The minimum professional qualifications are a graduate degree in architectural history, art history, historic preservation, or closely related field with course work in American architectural history plus one of the following:

At least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution, at least six months of which must be in South Florida.

Substantial contribution through research and publication to the body of scholarly knowledge in the field of South Florida architectural history.

Historical Technician - The…