Statement_of_Work_-_Surveys_(3).doc

STATEMENT OF WORK

SCOPE

A professional land surveyor (Surveyor) licensed and registered in the State of North Dakota shall complete all boundary surveys for the Natural Resources Conservation Service (NRCS) Easement Programs. The survey work shall consist of performing all surveys, measurements, computations, drawings, and descriptions required by this specification.

EASEMENT AREA BOUNDARY SURVEY

The surveyor shall locate the boundary angle points and record the description using bearings and distances as referenced to the National Spatial Reference System.

The boundary survey shall be a complete traverse of the area tied to a corner of a Public Land Survey or a corner of a recorded property.

Longitude and latitude will be collected for each property corner and for each survey point using North American Datum 1983 (NAD 83) with a + 1 meter accuracy.

The Survey Company shall supply sign posts, plastic sleeves, and the hardware to mount easement (i.e. WRE, WRP, and EWPP-FPE) boundary signs to the sign post. NRCS will provide the easement boundary signs.

EASEMENT AREA ACCESS SURVEY.

NOTE: Each easement parcel MUST HAVE an access from a public road to the easement area. The route of access shall be surveyed. No monumentation of the access route is required. The Surveyor will show both the easement and the ingress/egress route to a publicly dedicated right-of-way.

CERTIFICATE OF SURVEY

The Certificate of Survey shall include the following items:

SURVEY EQUIPMENT DOCUMENTATION:

Type, name, model of survey equipment used

Any computer software identification The surveyor’s seal shall be affixed to the Certificate of Survey

The Certificate of Survey shall be signed and dated by the surveyor in blue ink across the seal

· Longitude and latitude for the point of beginning

· Longitude and latitude will be provided for each property corner

· The Surveyor will show both the easement and the ingress/egress route

· Access route from a publicly dedicated right-of-way to the easement area shall be surveyed.

· The record description of the property or the reference to the source of the recorded description on the property of which the easement is located on;

· North arrow;

· Scale;

· Bearings, azimuth or angles, and the distances for all courses;

· The central angle, length of curve and radius and the length and bearing of chord from the beginning to the end of curve for each common boundary line or individual boundary line;

· Basis of bearings or azimuth;

· Monuments identified as set or found along with a description of the monument;

· Area of the surveyed easement in acres ROUNDED TO THE NEAREST HUNDRETH;

· Observed evidence of possession or use by others in the parcel or across any perimeter lines of the property;

· Sufficient data to indicate the theory of location applied in formulating the opinions as to the probable location of the boundaries and corners of the property;

· Name, registration number, address and phone number of the Surveyor;

· Client name;

· Date survey completed;

· NRCS Contract number (in the legend of the survey plat);

Certification- The following statement must be included on each survey:

“THIS IS TO CERTIFY THAT THIS SURVEY, DONE BY THE UNDERSIGNED, WAS DONE ON THE GROUND IN ACCORDANCE WITH THE MOST RECENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SUVEYS- AS SET FORTH BY THE STATE OF NORTH DAKOTA BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS. . THE ACCURACY AND POSITION TOLERANCE ARE ALSO IN ACCORDANCE WITH RURAL SURVEYS.”

DELIVERABLES to the NRCS The Surveyor shall prepare an appropriately scaled Certificate of Survey. Survey contractor will deliver to the NRCS within 45 days of issuance of a notice to proceed:

The surveyor shall provide two original 11 X 17 documents of the survey plat (and attachments, which include the legal description and access description), two original 8 1/2 X 14 documents of the survey plat (and attachments, which include the legal description and access description) and one 8 1/2 X 11 copy of the survey plat (and attachments which include the legal description and access description) to the COR. The surveyor shall also provide one 11 X 17 copy of the survey plat (and all attachments, which include legal description and access description) to the NRCS DC.

Paper originals of the Certificate of Survey:

TWO 11” x 17”

TWO 8” x 14”

ONE 8 1/2 “x 11” copy.

The contractor is not to provide a copy of the plat to the landowner without approval of the Contracting Officer (CO) or Contracting Officer Representative. (COR).

DELIVERABLE ELECTRONIC INFORMATION:

A CD or DVD containing the following:

.PDF files of the survey plat.

WORD files of the legal and access descriptions The electronic copy of the easement survey shall include:

Documentation regarding registration of the survey to a standard coordinate system based on measurements referenced to the National Spatial Reference System infrastructure with a minimum of two (2) tie points to the United States Public Land Survey System within the parcel’s section.

Documentation identifying which coordinate system is used (for example: MO Coordinate System of 1983, West Zone, NAD 83 horizontal datum, survey units – U.S. Survey Foot).

All polygons should be labeled as indicated below:

· Each polygon should contain four attributes

· NRCS assigned agreement number

· Easement Acres (value to the hundredth of an acre)

· The length of the contract in years

· The method of data capture

· Each polygon should have the following Metadata:

· Date generated

· GIS specialist contact information

· Software and version used to generate file

· Brief description of process used to generate files

· Format. Provide ESRI shapefile (.shp, .dbf, .shx, .prj) or ESRI geodatabase feature class.

· Projection must be clearly defined as UTM 13 or 14 (NAD83). If not geographic projection, the following is required:

· Projection (NAD 83)

· Units

· Datum

· Speroid

· Xshift

· Yshift

· Central meridian

· 1st standard parallel

· 2nd standard parallel

· Latitude of projection

· False easting

· False northing

· Geospatial/Data joining. Identify the data fields required to join the spatial data to the database.

MONUMENTS AND SIGNS

The Surveyor shall provide witness posts. Witness posts shall be a steel “U” channel post at least seventy-eight (78) inches in length and have a minimum weight of 1.25 lbs per foot. Posts shall be of a natural color, preferably green

NRCS will provide the signs. The Surveyor will be required to pick up the signs at the local NRCS office. The Contractor is required to attach a NRCS boundary sign, to the top of each witness post using a galvanized nut and bolt. A wire attachment is not acceptable. The NRCS easement signs have two 3/8 inch drilled holes.

Monuments and witness posts with signs shall be installed by the Surveyor at the time the survey is completed.

Monuments and witness posts with signs shall be installed at each corner, angle point, road crossing, intersection of property lines and approximately every 500 feet along a tangent.

All monuments must be thoroughly described and specifically identified as set or found, whenever shown on maps or referred to in documents prepared by the Surveyor.

Descriptions of monuments must be sufficient in detail to readily facilitate future recovery by other Surveyors and to enable positive identification.

An acceptable monument will be a 5/8” steel rebar rod. The minimum length for the monument will be 24 inches long. EXCEPT as noted in the pre-survey meeting instructions, the monument shall be driven just below the ground surface. Caps (approved by NRCS) shall be placed on each marker.

Some easement boundaries may be a river, creek, bayou, or lake. In those cases, the easement boundary will be determined on a case by case basis. An on-site clarification of this boundary shall be determined by the surveyor, DC, and landowner. A description point shall be included for the boundary intersection points. An offset point may need to be established on each boundary line intersecting river, creek, and bayou or lake boundary. The offset point shall have a permanent marker, whereas the river, creek, bayou, or lake boundary intersection point may not. The offset and the permanent markers allow for a visual marker on the ground for use in maintaining the boundary integrity. Visibility and potential stream encroachment shall be factors in locating the offset. The offset distance shall be in whole feet.

Excluded areas within the main boundary area shall be surveyed as described above.

All private/ public roads (and associated roadway easement) should be excluded from the main easement boundary area.

The net easement area shall be reported by the surveyor and computed by subtracting the excluded areas from the main boundary area.

The net easement area shall be computed to the NEAREST HUNDRETH of an acre.

The boundary description shall include a delineated route of ingress/egress. The ingress/egress route to the easement area will be described in the survey, shown on the survey plat, and recorded with the Warranty Easement Deed.

QUALITY OF WORK

The easement boundary description shall be clear, accurate, complete, and meet the NRCS’s intent.

All work shall follow recognized professional practice and meet the accuracy specifications and positional tolerances as set forth in North Dakota statutes and regulations. The work and data presented shall be in accordance to appropriate state minimum standards for the practice of rural land surveying. All notes, sketches, computations, and other data shall be complete, legible, and organized in a manner that will allow reproduction of copies.

NOTIFICATION OF INTENT TO SURVEY

Surveyor shall notify the NRCS District Conservationist (DC) and the landowner a minimum of 72 hours prior to beginning work.

If the work is not started on the planned date, the surveyor shall notify the DC and landowner of the revised date and time that work will begin.

PRE-SURVEY MEETING

The surveyor will contact the NRCS DC and arrange a Pre-Survey meeting with the landowner.

Discuss the following. If problems arise Contact the NRCS CO or the COR.

Does the landowner believe that the 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 the survey.

IF YES, contact the CO or COR.

At a minimum:

All corners located in cropland will have monuments driven 24 inches below ground level.

All other corners will be monumented AND posted with above ground posts and signs as per these specifications.

Review the landowner’s property deeds.

Review proposed easement site.

EASEMENT BOUNDARY CHANGES:

· The easement boundary cannot be modified. DO NOT modify the proposed easement area.

· ONLY the NRCS CO or COR may authorize a modification to the proposed easement area boundary.

Access: Review of proposed easement access from a public roadway to the proposed easement area.

Encroachments: Encroachments are indications that an adjacent landowner MAY have a claim on the property that is DEEDED to the proposed easement landowner.

Indications of Encroachment may be but are not limited to the following:

· Crops planted on or tillage onto the DEEDED property that is proposed for the easement.

· Fence lines, fence posts, sign posts or other indications of occupation on the DEEDED property that is proposed for the easement.

If an adjacent landowner has encroached onto the proposed easement landowner’s deeded property: STOP! Contact the CO or COR.

NOTE: If any legal costs are incurred by the proposed easement landowner or other landowners as the result of the boundary survey, those costs CANNOT BE PAID by the USDA-NRCS.

UNDER NO CIRCUMSTANCES WILL THE PROPOSED EASEMENT BOUNDARY BE LOCATED ON LAND NOT DEEDED TO THE PROPOSED EASEMENT LANDOWNER.

Any technical questions regarding the easement area should be directed to the CO or COR.

The NRCS will provide the Surveyor with:

Location map or aerial photograph of the proposed site. The map will include:

The area to be surveyed

The ingress/egress route(s) or point of access

Other descriptive information.

IF AVAILABLE, a copy of the title commitment and property deeds.

At the completion of the pre-survey site visit, the DC will complete the Documentation of Pre-Survey Meeting form (Attachment A) and send it to:

Jeffrey C. Roel, Resource Conservationist

USDA-NRCS State Office

220 East Rosser Avenue

P.O. Box 1458

Bismarck, ND 58502-1458

POST SURVEY MEETING

Upon completion, the Contractor will contact the local NRCS DC to certify the work has been completed in accordance with the NRCS Statement of Work. This certification will be made prior to any reimbursement to the Contractor.

A post-survey meeting is scheduled with the NRCS- DC and the landowner Discuss the following:

1. The area delineated is the area that the landowner intended to place under easement

2. Permanent markers have been installed as needed and required.

NOTE: If a discrepancy is identified, the surveyor will work with the DC and landowner to reconcile the difference. Complete the Documentation of the Post-Survey Meeting (Attachment B) and submit it to:

Jeffrey C. Roel, Resource Conservationist.

USDA-NRCS State Office 220 East Rosser Avenue

P.O. Box 1458

Bismarck, ND 58502-1458

PRESENTATION OF SURVEY

NO other party may receive a copy of the survey, legal descriptions and electronic data without the approval of the CO or COR.

Conflict Of Interest.

A Surveyor will not survey a NRCS easement property for an immediate family member (parent, spouse, child, etc.), partner, or business associate, nor have a financial interest in the property to be covered by the proposed easement.

Non-Disclosure

Work performance required by this SOW will involve access to potentially sensitive information about governmental and landowner issues. All Contractor personnel must comply with the terms of AGAR 452.224-70, Confidentiality of Information, as well as provisions of the Privacy Act of 1974, 5 U.S.C 552a. Additionally, the Contractor’s employees shall comply with privacy of personal information relating to Natural Resources Conservation Service programs in accordance with Section 1244 Title II of the Farm Security and Rural Investment Act of 2002 (P.L. 1078-171).

Civil Rights and Program Delivery

The Contractor will ensure that personnel prohibit discrimination in all aspects of programs and activities related to the Contract on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital, familial, or parental status.

DESIGNATED PAYMENT OFFICE CONTACT POINT

The contact point described below coordinates the issuance of payments under this contract. If payment is not received within seven (7) days after due date specified in the contract, contact the payment office designated below for information regarding when payment will be made.

Mr. Myron Steier, Budget Officer

USDA-Natural Resources Conservation Service

P.O. Box 1458

Bismarck, ND 58502-1458

(701) 530-2013 The Contractor will submit an invoice for payment to the NRCS CO or COR no later than thirty (30) days after delivery of the survey. Payment will be direct deposited into the Contractor’s account in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003).

ATTACHMENT A – Documentation of Pre-Survey Meeting ATTACHMENT B – Documentation of Post-Survey Meeting ATTACHMENT C – Sample Survey Legal Description

Attach to the survey in the format as shown in the attached. A clear statement of the relationship between the described property and the survey control or the basis of the unique location;

· The basis of bearings when bearings are used;

· Metes and bounds shall include bearings or angles and distances in order to allow for the computation of mathematical closure;

· Citations to the recording information or other identifying documentation for any maps, plats or other documents referenced;

· Detailed description of any natural or artificial monument referenced.

ATTACHMENT D – Sample Survey Ingress and Egress Description Route of ingress/egress to the subject property in the format as shown in the attached.

ATTACHMENT A

DOCUMENTATION OF PRE-SURVEY MEETING

Date:

WRP 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 (and 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

Signature___________________________________________________

Surveying Firm

Signature___________________________________________________

ATTACHMENT B

DOCUMENTATION OF POST-SURVEY MEETING

Date:

WRP Contract #:

County:

Easement Owners Name:

Surveying Firm:

This confirms that a meeting was held on _________________ between the landowner (and 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

Signature___________________________________________________

ATTACHMENT C

SAMPLE SURVEY LEGAL DESCRIPTION

JOE AND BARBARA LANDOWNER

WRP EASEMENT DESCRIPTION

WRP # (666633-____)

USE THIS WORDING

A Conservation easement in, over and upon a tract of land located in the _______________________________ of Section __, T.___N, R.__W, ____________ County North Dakota and described as follows:

LEGAL DESCRIPTION GOES HERE

Said conservation easement contains ______ acres.

ATTACHMENT D

SAMPLE SURVEY INGRESS AND EGRESS DESCRIPTION

JOE AND BARBARA LANDOWNER

WRP EASEMENT ACCESS DESCRIPTION

WRP # (666633-____)

Access to the conservation easement described in Exhibit A will be from the north 50 feet of the west 50 feet of the said W1/2 of the NE1/4.

NOTE: ACCESS MUST BE FROM A PUBLIC ROAD TO THE EASEMENT AREA.

NOTE: The access needs to be a defined area such as is written above, in this case an area 50 feet square. The area should take into account the road right-of-way width as well as encompass a small part of the easement area. If the right-of-way is 33 feet in width the 50 foot by 50 foot access easement will overlap the WRP area by 17 feet. Similarly if the road right-of-way is 50 feet wide on each side of the center line an area 75 feet by 75 feet would be sufficient.

NOTE: If there is no access from a public road, the NRCS state office will work with the landowner to acquire the necessary access easement.

LEGAL DESCRIPTION GOES HERE

Said conservation easement contains________acres.