B08_-_Scope_of_Work_Lassiter_Mill_Dam_Crabtree_Creek.pdf

PERFORMANCE WORK STATEMENT (PWS)

Lassiter Mill Dam on Crabtree Creek Fish Passage Alternatives Analysis

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide an assessment of fish passage design options with cost estimates, coordination and stakeholder engagement associated with fish passage alternatives at Lassiter Mill Dam on Crabtree Creek located in Lassiter Mill Park in Wake County, North Carolina with street address 3362 Lassiter Falls Circle, Raleigh, NC 27609.

1.1 Description of Services/Introduction: Planning and design work with respect to the hydraulic / hydrologic / structural requirements for fish passage as well as an assessment of the full range of options for fish passage at Lassiter Mill Dam to improve the passage of American shad, American eel, small resident fish, and amphibians so they can move freely past the dam in an upstream direction without delay.

1.2 1.2 Background: Lassiter Mill Dam is owned and operated by the City of Raleigh. The dam currently blocks the migration of American shad, American eel and other important aquatic fish and amphibians to upstream habitat. Several of these fish are intermediate hosts to federally listed mussel species and critical to their life cycle requirements. Because of this relationship to federally listed species the interest and scrutiny of this work will be at a very high level. This is a job for the very experienced dealing with municipal, state, and federal agencies and the public on sensitive topics involving an historic structure with deed restrictions and federally listed species. This is not merely a desk top exercise. Considerable time will be at the field location to gather data and in discussion with stakeholders based on satisfying stakeholder interests and reaching agreement on a path forward.

1.3 Objectives: Overall objectives are data gathering to support fish passage alternatives analysis, development of fish passage alternatives (technical details and costs), and reporting (written and via presentation) to stakeholders.

This is a bid for planning and design work as well as an assessment of the full range of options for achieving fish passage at Lassiter Mill Dam in a way that is consistent with the City of Raleigh’s deed of ownership and agreeable to the City of Raleigh and its stakeholders.

1.4 Scope:

Engagement and Project Advancement

Task 1 – Research and Data Collection

An initial LiDAR and overlay mapping analysis should be completed in the area surrounding Lassiter Mill Dam.

The analysis should be used as basemap for collaborative discussions and to examine potential fish passage options.

This phase should also include research on dam history, dam features, past fish passage efforts, existing assessments, flow data, habitat, or other available environmental data. A field investigation should be conducted to gather surveying and depth measurements in the impoundment, on the dam, and the surrounding area. Field data should be collected to include an assessment of sediment deposition in the impoundment. Measurements required include representative samples for particle size analysis and depth to refusal. Research will be required to compile examples of fish ladders, naturalized fish passages, and other modern fish passage structures that could be utilized at this site. Fish passage should target American shad, and American eel with an attempt to pass the entire mobile aquatic community including small fish and amphibians. Mussel passage is achieved by passing their intermediate host fish.

Task 2 – Concept Planning

Task 2 will involve compilation and analysis of all collected data. Based on the results and feedback from the stakeholder group that should be developed in conversations with the dam owner (City of Raleigh), several fish passage concept plans should be developed. These concepts will include options for bypasses and fish ladder type approaches. These plans will include stream restoration measures, sediment management ideas, and suggestions consistent with public uses of the area. A series of sketches will be developed to provide visual representation of several concepts. Each concept plan will be accompanied by a cost estimate, safety considerations, and a list of potential obstacles to each approach. Dam removal, partial dam removal and approaches requiring gate openings more than 90 days a year will not be considered.

Note: It is critical that all concepts be consistent with current conditions of the deed of ownership for the dam parcel.

Coordination with the City of Raleigh is a necessary and required part of this task.

Deliverables

1. Report that includes all data, calculations, concept plans, and cost estimates. The report will include the stakeholders contact list that is developed in concert with the dam owner (City of Raleigh) and recommended next steps.

2. Presentation delivered to the stakeholder team and be available for further discussion.

All work should be of a degree of completeness that it supports anticipated next steps.

1.5. Period of Performance: The period of performance shall be from October 1, 2024, through September 30, 2025

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which (s)he assures (her)himself that work complies with the requirement of the contract.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: The contractor is not required to perform services on holidays if they can arrange to obtain time-sensitive observations before or after the holiday. Juneteenth

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

1.6.4 Hours of Operation: In general, for the work the contractor will be doing, there doesn’t appear to be any need to synchronize with the FWS office. It is more important to match contract work time with field data collection windows and the schedules of stakeholders.

1.6.5 Place of Performance: Field data collection (if necessary to verify background information) will be within the Crabtree Creek watershed upstream and downstream of Lassiter Mill Dam. Data interpretation and synthesis and preparation of reports may be carried out at the contractor’s place of business. Contractor must be available to meet at the Raleigh USFWS Office on 3916 Sunset Ridge Road Raleigh, NC 27607 or on site at Lassiter Mill Dam in Lassiter Mill Park in Wake County, North Carolina with street address 3362 Lassiter Falls Circle, Raleigh, NC 27609 if questions arise during contract work regarding meeting contract deliverables.

1.6.6 Type of Contract: The government will award a Firm-Fixed Price Contract.

1.6.7 Security Requirements: Contractor personnel performing work under this contract must have a valid driver’s license at time of the proposal submission, and must maintain the level of security required for the life of the contract.

1.6.7.1 Physical Security: Not applicable

1.6.7.2 Key Control: Not applicable

1.6.7.3 Lock Combinations: Not applicable

1.6.8 Special Qualifications: The contractor must be knowledgeable of environmental restoration hydrology, fish passage techniques, working with federally listed species habitat restoration and environmental permitting in North Carolina involving municipal, state and federal requirements and show experience in performing such work.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract:

perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The following personnel are considered key personnel by the government: contract manager, alternate contract manager and technical lead for the stakeholder engagement. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to

4:30 p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.13 Contractor Travel: Contractor will be required to travel for field work and should budget in their proposal accordingly.

1.6.14 Other Direct Costs: Not Applicable

1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract.

All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17 PHASE IN /PHASE OUT PERIOD: Not Applicable

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide a Contracting Officer's Technical Representative to monitor and advise on all technical aspects of the contract and assists in contract administration.

3.2 Facilities: Not Applicable

3.3 Utilities: Not Applicable

3.4 Equipment: Not Applicable

3.5 Materials: Not Applicable

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all human resources, supplies, equipment, facilities and services required to perform work under this contract.

4.2 Secret Facility Clearance: Not Applicable

4.3. Materials See section 4.1.

4.4. Equipment See section 4.1

PART 5

SPECIFIC TASKS

5. Tasks

Engagement and Project Advancement

Task 1 – Research and Data Collection

An initial LiDAR and overlay mapping analysis should be completed in the area surrounding Lassiter Mill Dam.

The analysis should be used as basemap for collaborative discussions and to examine potential fish passage options.

This phase should also include research on dam history, dam features, past fish passage efforts, existing assessments, flow data, habitat, or other available environmental data. A field investigation should be conducted to gather surveying and depth measurements in the impoundment, on the dam, and the surrounding area. Data collection will also need to include an assessment of sediment deposition in the impoundment. Measurements required include representative samples for particle size analysis and depth to refusal. Research will be required to compile examples of fish ladders, naturalized fish passages, and other modern fish passage structures that could be utilized at this site. Fish passage should target American shad, and American eel with an attempt to pass the entire mobile aquatic community including small fish and amphibians. Mussel passage is achieved by passing their intermediate host fish.

Task 2 – Concept Planning

Task 2 will involve compilation and analysis of all collected data. Based on the results and feedback from the stakeholder group that should be developed in conversations with the dam owner (City of Raleigh), several fish passage concept plans should be developed. These concepts will include options for bypasses and fish ladder type approaches. These plans will include stream restoration measures, sediment management ideas, and suggestions consistent with public uses of the area. A series of sketches will be developed to provide visual representation of several concepts. Each concept plan will be accompanied by a cost estimate, and a list of potential obstacles to each approach. Dam removal, partial dam removal and approaches requiring gate openings more than 90 days a year will not be considered.

Note: It is critical that all concepts be consistent with current conditions of the deed of ownership for the dam parcel.

Coordination with the City of Raleigh is a necessary and required part of this task.

Deliverables

1.Report that includes all data, calculations, concept plans, and cost estimates. The report will include the stakeholders contact list that is developed in concert with the dam owner (City of Raleigh) and recommended next steps.

2.Presentation delivered to the stakeholder team and be available for further discussion.

All work should be of a degree of completeness that it supports anticipated next steps. It is envisioned work under this contract will provide a foundation for subsequent work such as development of final project plans for a preferred alternative, bidding of the work, and permit application development and submittals.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

None

PERFORMANCE WORK STATEMENT (PWS)