Section_C_Statement_fo_Work_-_Surveying_Services_May_2013.docx

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I. GENERAL INFORMATION

The Natural Resources Conservation Service (NRCS) is responsible for administering the Wetlands Reserve Program (WRP) offering landowners the opportunity to protect, restore and enhance wetlands on their property; Grasslands Reserve Program (GRP) offering landowners the opportunity to protect, restore and enhance grassland on their property; as well as the Emergency Watershed Protection Floodplain Easement Program (EWP-FPE) offering landowners the opportunity to protect, restore and enhance land subject to repeated flooding and flood damage. As part of the implementation process of these programs, a survey of the proposed easement and access is required.

SCOPE

A. The work covered by this contract shall consist of the performance of all operations described below in Paragraphs IV & V as necessary to perform an easement boundary survey. Boundary survey shall include research, field surveys, field notes, computation, boundary monumentation, survey map showing easement area and access, surveyor’s report, boundary description, and surveyor’s certificate addressing non-locus title subjections. All work shall be completed in accordance with New York State Association of Professional Land Surveyors (NYSAPLS) Code of Practice for Land Surveys and this Performance Work Statement.

DEFINITIONS

A. Code of Practice for Land Surveys – New York State Association of Professional Land Surveyors Code of Practice for Land Surveys (NYSAPLS).

B. Correction – Performance by the Contractor to correct defects found by the Government as a result of quality assurance, and by the Contractor as a result of quality control, at its own expense and without additional reimbursement by the Government.

C. Contracting Officer (CO) – The Government Official responsible for the execution and administration of a contract on behalf of the Government.

D. Contracting Officer’s Representative (COR) – The Government Official designated by the Contracting Officer (CO) and responsible for performance monitoring and quality assurance on behalf of the Government.

E. Contractor’s Representative (a.k.a Project Manager) – An individual assigned by the Contractor who shall have full authority to act for the Contractor on all contract matters that relate to the daily operation of the contract. The Contract Representative shall be a single point of contact for all functional, technical, and contract-related services.

F. NRCS Representative – NRCS employee located at the local, county field office. This individual will serve as the contact, on site, for the Contractor.

G. Landowner – Person or persons having legal ownership of the agricultural land that an easement will be placed on by NRCS.

H. Preliminary Submission – Shall consist of a preliminary map, preliminary legal description, deeds, maps and other pertinent information that will be delivered to NRCS.

I. Performance Evaluation – The Government’s record of the Contractor’s performance under the contract, to be used for future source selection purposes by other federal departments and agencies.

J. Performance Requirement – The performance output; i.e., the project or service required by and supplied to the Government.

K. Performance Standard – The Contractor’s performance level required by the Government. This is also know as the acceptable quality level (AQL)

L. Quality Assurance (a.k.a. Quality Validation) – Surveillance undertaken by the Government to ensure that products or services provided by the Contractor are within the acceptable level for a given performance requirement, and for the assessment of the Contractor’s quality control.

M. Quality Control – Actions taken by the Contractor to control the production of supplies and services to ensure that they conform to the performance requirements and standards. Quality control procedures are outlined in a Quality Control Plan (QCP), developed by the Contractor.

FIELD WORK – BOUNDARY SURVEYS

A. Notification of Intent to Survey – Pre-survey Meeting

NRCS will provide the surveyor with a preliminary title search and location map or aerial photograph of the proposed easement area. The map will include the area to be surveyed, the ingress and egress routes or point of access, and any other descriptive information available.

Prior to the start of survey field work, the surveyor will contact the NRCS Representative to schedule a pre-survey site visit, which will be attended by the surveyor, NRCS Representative, and the landowner or the landowner’s representative.

During the pre-survey site visit review at a minimum:

1. The proposed easement boundaries.

2. The easement access route (if the easement is not adjacent to a public right-of-way) access must be from a public roadway to the proposed easement area.

3. Easement boundary monumentation. It should be noted whether placement of above ground posts or subsurface markers will interfere with any farming operations that will occur this spring, summer or fall. If NO, proceed with survey. If YES, contact the COR.

4. Easement boundary changes – the proposed easement boundary area cannot be modified. ONLY the CO may authorize a modification to the proposed easement boundary area.

5. Encroachments – indications that an adjacent landowner MAY have a claim on the property that is deeded to the proposed easement landowner. Indication of encroachments may be, but are not limited to (a) the existence of crops planted on or tillage onto the DEEDED property that is proposed for the easement; (b) fence lines, fence posts, sign posts or other indications of occupation on the DEEDED property that is proposed for the easement. If there are any encroachments onto the proposed easement landowner’s deeded property STOP and contact the CO or COR.

At the completion of the Pre-survey site visit, the Surveyor will complete the Documentation of Pre-Survey Meeting (Attachment A) and send by mail, fax or email to: Kimberley Glenn, USDA-NRCS, 441 S. Salina St., Suite 354, Syracuse, NY 13202; fax 315-477-6560 or email Kimberley.glenn@ny.usda.gov.

Before fieldwork for surveying begins, the surveyor must notify the NRCS representative and the landowner of the date and time for conducting the survey. Notification must be a minimum of 3 business days prior to beginning work. If the work is not started on the planned date, the surveyor must notify the NRCS representative and landowner of the revised date and time that work will begin.

B. Research

1. IT IS THE RESPONSIBILITY OF THE SURVEYOR to perform sufficient research to provide the basis for a complete and accurate survey according to the New York State Association of Professional Land Surveyors Code of Practice for Land Surveys. All recorded and/or physically identifiable rights-of-way, easements, boundary line agreements, exceptions or reservations that affect the property must be shown on the map with their locations, dimensions, and deed references. Copies of research material used to make these determinations shall be provided to NRCS as a part of the Survey Report. The Survey Report will also include a surveyor’s certificate determining subjections to title in Schedule B of the Preliminary Title Commitment that are locus and non-locus to the easement area, easement access and parent parcel.

2. Research shall satisfy local criteria and be compiled from records located in the County Clerk’s Office, utility companies, Town Offices and other available sources.

3. The Surveyor will notify the Contracting Officer’s Representative (COR) as soon as any title or encroachment issues are discovered. The COR will then immediately contact the Contracting Officer (CO) to determine what steps to take for resolving these issues. If the encroachment causes the project to be removed from the program no further expenditures shall be incurred.

4. The surveyor will NOT modify the easement area surveyed at the direction of the landowner. The boundary of the easement area will not be changed from what is indicated. Only the NRCS contracting officer may authorize a modification to the easement area boundary.

C. Field Survey

1. All surveys shall be completed on hardcopy map with closed traverses with a minimum accuracy of 1/10,000 after angular adjustments. It is at the discretion of the surveyor on how to meet the accuracy requirement.

2. Each parcel map shall include the Point of Beginning with an associated coordinate, the grid angle between True North and Grid North at the Point of Beginning and scale factor for converting grid distances to ground distances expressed as an equation.

3. Requirements for survey grade GPS: All surveys shall be referenced to UTM Zone 18 or 17, North American Datum (NAD) 83 or New York State Plane Coordinate System, North American Datum 1983, local zone, US Survey feet.

D. Field Notes

1. The field notes shall be labeled to reflect NRCS survey, project name and numbers. The first inside page should contain the project name, survey number, number of pages, date and seal and signature of the Land Surveyor. The next page(s) should contain a complete index of the notes contained therein.

2. The format of the field notes will be at the discretion of the surveyor and shall follow NYSAPLS Code of Practice for Land Survey. All entries should be clearly labeled and the use of sketches to graphically portray the contents of the notes will be used as appropriate. Erasures or obliterations are not allowed, any changes shall be made with single line made through the original entry so that it remains legible.

3. Field notes should show all the data required to assure that the entire survey was performed in accordance with NYSAPLS Code of Practice for Land Surveys and this Performance Work Statement.

4. Field notes should be in a standard bound field book. Hard copies of notes from data collectors, electronic field books and total station disks can be submitted in lieu of standard bound field book.

5. AT THE COMPLETION OF THE PROJECT, THE ORIGINAL FIELD NOTES WILL BECOME THE PROPERTY OF THE NRCS and will be part of the preliminary survey report.

E. Computations

1. The surveyor must furnish NRCS with a complete set of computations showing all work of reducing the field notes to the data shown on the final map.

2. The form of the computations and the methods of reduction and balancing are at the discretion of the surveyor and shall follow NYSAPLS Code of Practice for Land Survey.

F. Boundary Monumentation

1. The easement boundary shall be referenced to a property corner described in the deed. The corner shall be verified by the surveyor and noted in the description.

2. The corners, angle points and road crossings of the exterior easement boundary as well as each side of the beginning and end of the access easement must be plainly marked and permanently monumented with 3/4” steel rods, 50” long, driven just below the ground surface or to the point of refusal. Monument caps (plastic, aluminum, or brass, approved by NRCS) must be placed on each steel rod and include the Program, Agency and year of survey (Attachment C).

3. Some easement boundaries may be a river, creek, or lake. In those cases the easement boundary will be determined on a case-by-case basis. An onsite clarification of this boundary will be determined by the surveyor, NRCS representative and landowner. A description point must be included for the boundary intersection points. A witness corner may need to be established on each boundary line intersecting a river, creek or lake boundary. The witness corner position must have a permanent marker, whereas the river, creek or lake boundary intersection point may not. The witness corner located on the boundary line allows for a physical marker on the ground to maintain the boundary’s integrity. Visibility and potential stream bank changes and encroachment will be factors in locating the witness corner. Witness corners will be offset from the actual corner location in whole feet along both the incoming and outgoing boundary line segments, if possible. Witness corner locations and bearings and distances to the witness corners must be clearly documented on the survey plat of the easement area.

4. Any non-ferrous corner monuments (i.e. stumps, fence posts, trees) shall be memorialized by at least two set NRCS rebars with caps (bearing objects) set on firm ground and at roughly 90 degree angles from said true corner location. Said bearing objects can be substituted with other well defined, durable objects such as foundation corners, locally established survey corners, etc. All bearing objects shall be close enough to the corner point to afford field-taped measurements from the bearing objects to the true corner position.

5. The surveyor must provide witness posts that will be located at all corner, angle points and road crossings and at a minimum of every 250’ on all boundary lines. Requirements for said witness posts are as follows: steel, U-shaped channel posts at least 78 inches long and with a minimum weight of 1.25 pounds per foot. Posts must be of natural color, preferably green. The surveyor must attach an NRCS boundary sign, a supply of which will be provided in advance, to the top of each witness post, using a pair of stainless steel nuts and bolts with one bolt and nut each at the top and bottom of the sign. Any other form of attachment (wire, zip tie, etc) is unacceptable. The NRCS easement signs have two 3/8-inch drilled holes. The sign bolts must be bent after attachment to the signs and posts to prevent the nuts from separating from the bolts.

G. Post Survey Meeting Upon completion of field work, the Surveyor will contact the NRCS Representative to certify that work has been completed in accordance with this NRCS Statement of Work.

A post survey meeting is scheduled with the NRCS Representative and the landowner to review that the area delineated is the area that the landowner intended to place under an easement, and that permanent markers have been installed as needed and required.

If any discrepancy is identified, the Surveyor will work with the NRCS Representative and landowner to reconcile.

At completion of the Post Survey Meeting, the Documentation of Post-Survey Meeting (Attachment B) shall be completed and sent by mail, fax or email to: Kimberley Glenn, USDA-NRCS, 441 S. Salina St., Suite 354, Syracuse, NY 13202; fax 315-477-6560 or email Kimberley.glenn@ny.usda.gov.

OFFICE WORK – BOUNDARY SURVEYS

A. Mapping (Note: The surveyor is not to provide a copy of the plat to third parties without the contracting officer’s approval)

1. Survey Map Requirements:

The final map of the project shall meet the requirements for filing in the appropriate County land records All information shown on submitted maps will meet requirements in NYSAPLS Code of Practice for Land Surveys and should be indicated as follows:

a. A minimum text height of 0.08” will be allowed, with a preferred minimum of 0.10”. Text shall not be obscured by lines or symbols.

b. The legend shall show all symbols, and ONLY those symbols actually used on the plat.

c. Solid lines shown on the map will represent survey lines that were actually run on the ground with monumentation. NO BOUNDARY OR PARCEL LINES SHOULD BE IN SOLID FORM UNLESS THEY HAVE ACTUALLY BEEN RUN ON THE GROUND.

d. All locations and descriptions for corner monuments tied to or set, corner monuments and other physical and control features, affecting the determination or position of lines separating property interests, will be clear and precise. Any other corner monuments not utilized for control purposes will be, at minimum, identified with a perpendicular distance offset to the property line or easement boundary.

e. Corner monument descriptions shall include:

i. Whether the monument is solid (i.e., rebars, axles, etc.) or hollow (i.e. iron pipes). If the monument is hollow, specify inside and/or outside diameter.

ii. Height above ground and total length if known.

iii. A full description of any caps including material makeup (i.e., plastic or aluminum), diameter, color and cap markings.

iv. If monuments are deemed not durable, any actions taken to perpetuate them shall be documented. [See Section IV (E) (b)]

f. The offset for all improvements within ten (10) feet of an easement line, or a property line shall be portrayed on the map. This requirement pertains to easement and boundary lines located as a result of the easement survey or boundary re-survey.

g. On all parcels of a closed survey, the acreage is to be shown by:

i. Town and County

ii. Wetlands Reserve Program Easement

h. The bounds of ALL highways shall be shown with widths (if known), courses and distances. On highways by user, the bounds of the highway easement shall be located and shown with courses and distances.

i. The centerline and width of access locations shall be shown on the survey plat.

j. All distances shall be clearly shown as to what corresponding leg it represents, including the use of crow’s feet, if needed.

k. Relevant portions of the subject parcel’s fee boundary shall be clearly delineated on the main drawing, or upon enlarged details.

l. At a minimum, the grantor, grantee, deed signature date, deed recording date and volume & page shall be shown for the subject parcel. All abutting parcels shall show, at a minimum, the grantee, volume & page, and signature date of the deed.

m. No copyright symbol may be affixed or delineated on the map. NOTE: Since, as provided in NRCS standard contract, and this performance work statement, survey notes, computations, maps, tracings and other documents and data pertaining to the survey are at all times the property of NRCS. The title to, and right to determine the disposition of any copyrights or copyrightable material first produced or created in the performance of this work shall remain with NRCS.

2. Title Block:

a. The words United States of America should appear at the top of the title block with the name of the surveying firm directly below.

b. Map of lands to be acquired…(including citation of legal authority)

c. Contract number assigned to the survey.

d. The location of the project land shown on the map by: Sub-lot Number, Lot number; Great Lot, Tract, Township, Patent, etc., and by Tax Map(s) Number(s), City, Village, Town, County, and State.

e. State land use designation.

f. The scale of the map by numeric notation and by graphic representation. The numeric representation shall be in both the standard inches to feet scale and the appropriate scale ratio (i.e., 1” = 200’ and 1:2400). The graphic scale shall be a bar scale with feet represented along the top of the scale.

g. Date of the completion of the survey and signature of the surveyor.

h. Date of the completion of the drafting and the signature of the draftsperson.

3. Certification:

Every map submitted must be certified by a Licensed Land Surveyor currently registered in New York State in accordance with NYSAPLS Code of Practices for Land Surveys. Certification of the map will include the source and/or methodology used to obtain the information shown on the map; i.e., from an accurate survey, by compilation from survey maps, by tracing from another map or tracing, etc. The survey should also be certified to the United States of America, title firm and the title company. For example: 05/08/97 Survey Certified to: The United States of America, Chicago Title Insurance, and Nichols & Nichols, P.C.

B. Legal Description

The surveyor will prepare a legal description of the easement area and access to said easement. In addition to bearings and distances around the easement, the description will include the following elements: general locations, sources of title, basis of bearing, well defined point of beginning, full description of corner monuments found and set, ties to corners shown upon the plat, acreage of the easement area(s), signature and seal of the Land Surveyor.

1. Basis of bearing shall be either True-North or Grid North referenced with rotational figures oriented to the POB of the Conservation Easement. Bearings shall be expressed using quadrant letters, numerals and symbols only (i.e., N58o 14’16”W), rather than by written form (i.e., North Fifty Eight Degrees, Fourteen Minutes, Sixteen Seconds West).

2. Found and set corner descriptions shall include the same information as outlined above in Paragraph V.A.a, “Survey Map Requirements”.

IV. SURVEY SUBMISSION

A. Preliminary submission – shall be sent to the Realty Specialist (except as noted) and will consist of:

1. Five (5) prints of the preliminary survey map (stamped preliminary).

- three (3) to the Realty Specialist

- one (1) will be sent to the NRCS Representative covering the county of the easement

- one (1) to the landowner.

2. Two (2) copies of the legal description of easement area and access.

3. One (1) copy of the Surveyor’s Certificate to Title Attorney addressing exceptions to title listed in Schedule B of the Preliminary Title Commitment. All exceptions shall be identified as locus or NOT locus to the easement area, parent parcel and access.

4. One (1) copy of the field survey notes.

5. One (1) copy of the Preliminary Survey Report. The survey report will include the following:

Title:

a. Project, Survey #, Location, Town, County, lots, etc.

b. Description of need, reason for survey.

Field Work:

a. Members of the survey party, date(s) of survey, weather conditions (including such things as snow cover).

b. Instrument(s) used and survey procedure(s) used: i.e., closed traverse, triangulation, side shots, # of sets of angles, etc.

c. Data gathered (including return trips): Types of data, include any special observations, problems encountered, evidence of occupation, utility liens (whose?), etc.

d. Title research: Who, when, where. Explain problems, gaps in the title, etc. Maps found, etc.

Office Work:

a. Results of computations: error of closure, etc.

b. Plotting of deeds: If there are discrepancies, explain each.

c. Analysis and conclusions: Explain discrepancies and include sketches for clarification of controlling factors in positioning lines as well as discrepancies between deed and surveyed linear, angular and area measurements. Include such factors as elements of evidence, senior title, etc., and why some evidence may have been given more weight than others. All encroachments, disputed boundaries, overlaps, disputed ownership and occupation that violates record documents shall be clearly presented and brought to the attention of NRCS. The surveyor’s opinions, conclusions and recommendations should be given.

d. Plotting of field data: Include problems identified in Analysis and Conclusions.

e. Determination of location of encumbrances listed in Schedule B of the Preliminary Title Commitment. Also include encumbrances found that are not listed in Schedule B.

f. Copies of all relevant subject and abutting deeds, maps, etc., used in performing the survey.

g. A coordinate geometry generated printout of the final courses describing the Conservation Easement(s) and Access Rights of Way to be conveyed. Said printout shall be clearly tabbed.

All documents included in this submission will be reviewed by NRCS prior to the preparation of the Final Submission. Surveyor will have 14 days from receipt of comments, corrections, changes to submit a Final Submission.

B. Final submission – shall be provided to the Realty Specialist shall include:

1. Original field survey notes.

2. Copies of the plat required for recording in the applicable County Office as well as two (2) final mylar copies and ten (10) final paper prints for use by NRCS. All copies shall be certified on the plat to the United States of America, the title company and the title firm. All copies shall be signed and sealed by the licensed Land Surveyor.

3. Two (2) copies of the final legal description of the easement and access.

4. One (1) copy of the final Survey Report. The final Survey Report shall be dated, signed and sealed by the licensed Land Surveyor.

5. Return any original material loaned to the Surveyor such as original abstracts of title, aerial photographs, etc. by NRCS.

6. One electronic (digital) copy on CD or DVD of the easement boundary. The perimeter of the easement should be attributed as a separate and extractable polyline layer or polygon feature component of the drawing for conversion to a geographic information system (GIS). The preferred file format is ESRI shape-file (.shp, and applicable ancillary files) geo-referenced to North American Datum 1983, UTM Zone 18 or 17, meters. The other accepted format is a .dwg file geo-referenced to New York State Plane Coordinate System, North American Datum 1983, local zone, US Survey feet.

a. Documentation identifying which coordinate system and local zone is used.

V. CONTRACTOR QUALITY CONTROL

The Contractor shall establish and maintain a complete quality control program in accordance with FAR 52.246-4 “INSPECTION OF SERVICES – FIXED PRICE” and the provision of this paragraph, and prepare a Quality Control Plan (QCP). Two (2) copies of the QCP shall be provided to the CO with submittal of the request for proposal. A pre-performance conference shall be conducted within ten (10) calendar days of contract award and shall be held at the NRCS State Office, 441 South Salina Street, Room 520, Syracuse, New York. The CO shall notify the Contractor of concurrence or required modifications to the QCP. The Contractor shall make appropriate modifications within three (3) calendar days of the CO’s notification and provide to the CO for final concurrence. The Contractor’s Project Manager shall attend the pre-performance meeting and also attend meetings with the Contracting Officer and other Government personnel to resolve quality considerations and problems that may arise in the course of the work.

The QCP shall include a description of the inspection system and include specifics as to the services, including all reports and documentation to be inspected. The inspection system shall address all areas of quality control, including provisions to ensure adherence to delivery schedules, and overall program planning/management tools in place to ensure effective resource use and to address problems.

The contractor will provide a description of the method(s) to be used for identifying and preventing defects in the quality of field work and office work to cover preliminary and final work supplied to the government. The Contractor shall describe the process that will be undertaken to ensure that any changes or defects found in the preliminary field work and office work do not show up in subsequent submissions.

The contractor will contact the NRCS Representative within five working days after receipt of delivery order to set up a Pre-Survey Meeting. The contractor will be available to meet with the NRCS Representative and the landowner or their representative within ten (10) working days after issuance or work order.

VI. GOVERNMENT QUALITY ASSURANCE

According to the “Inspection of Services – Fixed Price” clause, and the provisions of this paragraph, the Government shall perform a quality assurance or validation of the Contractor’s performance under this contract. Government surveillance shall be done in accordance with standard inspection procedures, including timeliness and review of submitted deliverables, observation of services performance, and preliminary/final field and office work.

Field and office work: the Government shall perform surveillance of field and office work and shall review and validate all corrections and defects within ten (10) working days of receipt. Any corrections and/or defects found in the field or office work identified by the Government, whether during formal surveillance or not, shall be reworked and delivered to the Government by the Contractor with 14 days. Rework shall be performed by the contractor at its own expense without additional compensation by the Government.

VII. PERFORMANCE TIME

Performance time will begin upon receipt of delivery order. The contractor will have 45 days to complete and submit the Preliminary Submission as described above.

VII. PAYMENT

Payment will be made upon receipt of the Final Survey Submission, including the Pre and Post Survey Meeting forms, and a proper invoice.

ATTACHMENT A

DOCUMENTATION OF PRE-SURVEY MEETING

Date: _________________________________________________________

Easement Contract #: _________________________________________________________

County: _________________________________________________________

Easement Owners Name: ___________________________________________________

Surveying Firm: ___________________________________________________

· No one may modify the proposed easement area.

· Only the NRCS Contracting Officer or the COR may authorize a modification to the proposed easement area boundary.

This confirms that a meeting was held on _________________________ between the landowner (or their representative), surveyor, and NRCS representative to review the proposed easement boundaries prior to the survey. By signing below we agree that the boundaries to be surveyed are correct and are what was intended to be enrolled.

We further certify that there are no encroachments on the proposed easement area by adjacent landowners.

NRCS Representative Signature___________________________________________________

Landowner/Representative

Surveying Firm

At the completion of the pre-survey site meeting completed form shall be submitted by mail to: Kimberley Glenn, 441 S. Salina Street, Suite 354. Syracuse, NY 13202; by fax 315-477-6560; or email kimberley.glenn@ny.usda.gov.

ATTACHMENT B

DOCUMENTATION OF POST-SURVEY MEETING

Date: ______________________________________________________

Easement Contract #: ______________________________________________________

County: ______________________________________________________

Easement Owners Name: ________________________________________________

Surveying Firm: ________________________________________________

This confirms that a meeting was held on _________________________ between the landowner (or landowner’s representative), NRCS representative, and surveyor to review the easement boundaries as surveyed.

Also that:

_____Permanent markers with signs have been installed as required.

_____Landowner has agreed to the placement of the above ground posts and signs.

_____Road right-of-ways are not included within the easement boundaries.

Additional comments: ________________________________________________________________________________

NRCS Representative Signature___________________________________________________

Landowner/Representative Signature___________________________________________________

Surveying Firm

At the completion of the post-survey meeting completed form shall be submitted by mail to: Kimberley Glenn, 441 S. Salina Street, Suite 354. Syracuse, NY 13202; by fax 315-477-6560; or email kimberley.glenn@ny.usda.gov.

ATTACHMENT C

Sample Monument Cap inscription:

EWP-FPE

NRCS-NY