Rouses Point - SOW - Wetland Mitigation June 16-2023.pdf

U.S. General Services Administration Public Buildings Service

Northeast and Caribbean Region www.gsa.gov

Statement of Work for

Wetland Mitigation Services

June 16, 2023

PROJECT IDENTIFICATION

Project Title: Wetland Mitigation Services

Location: Richelieu Watershed (within New York State)

Kahua Number: 000000325

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TABLE OF CONTENTS

1. PROJECT INFORMATION 4

1.1. PROJECT SUMMARY 4

1.2. PROJECT BACKGROUND 4

1.3. CONTRACT TYPE 4

1.4. DELIVERY TYPE 4

1.5. PROJECT GOALS 5

1.6. PROJECT OBJECTIVES 5

1.7. PROJECT SCHEDULE 5

2. SCOPE OF WORK 6

2.1. PROJECT REQUIREMENTS 6

2.2. PROJECT SITE REQUIREMENTS 7

2.3. STANDARDS AND CRITERIA DOCUMENTS 7

2.4. SITEWORK AND STORMWATER REQUIREMENTS 8

3. CONSTRUCTION STAGE 9

3.1. GENERAL 9

3.2. PERMITTING 9

3.3. CONSTRUCTION SCHEDULE 9

3.4. CONSTRUCTION PROGRESS REPORTS 10

3.5. SCHEDULE OF INSPECTIONS AND TESTS 10

3.6. CONSTRUCTION INSPECTIONS 11

3.7. QUALITY CONTROL PLAN 11

3.8. SAFETY PLAN 12

3.9. COORDINATION OF WORK 12

3.10. REQUESTS FOR INFORMATION 12

3.11. MODIFICATIONS / CHANGE ORDERS 12

4. CONTRACT ADMINISTRATION 13

4.1. CONTRACTOR’S STAFF 13

4.2. MEETINGS 13

4.3. COMMUNICATION 14

4.4. CONTROLLED UNCLASSIFIED INFORMATION 14

4.5. PROJECT CLOSEOUT 14

4.6. SCHEDULE OF VALUES 15

4.7. FEE & PAYMENT 15

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1. PROJECT INFORMATION

This section provides an overview of the project.

1.1. PROJECT SUMMARY

The Contractor shall acquire the site (or is in possession of the site); provide full wetland mitigation design services; obtain all necessary permits; and construct and maintain 8 acres of new wetlands in the Richelieu Watershed (within New York State). The new wetlands will fully conform to all regulatory requirements of the U.S. Army Corps of Engineers (USACE) contained in 33 CFR Chapter II Part 332 – Compensatory Mitigation for Losses of Aquatic Resources.

1.2. PROJECT BACKGROUND

A new Land Port of Entry (LPOE) is planned to be constructed at the United States/Canada border along New York State Route 11 in Rouses Point, New York approximately ½ mile North of the existing LPOE.

The new facility will replace the existing LPOE which was constructed in 1932. The new LPOE will increase operational efficiency, enhance commercial and non-commercial vehicle and Amtrak passenger experience, and improve CBP officer safety. Approximately 4.8 acres of regulated wetland will be disturbed (by the construction of the new LPOE) with an estimated mitigation acreage requirement of 8 acres.

1.3. CONTRACT TYPE

This contract is a firm-fixed price contract. The services required may include, but but may not be limited to, the following:

● Creating a wetland mitigation plan approved by New York State Department of Environmental Conservation and United States Army Corps of Engineers.

● Purchase or provide already owned land for the purpose of constructing and managing a permittee responsible mitigation project.

● Wetland construction oversight for Wetland Mitigation including Materials, Supervision, Land Acquisition.

● Wetland Professional Inspection, Testing andMaintenance of compensatory mitigation measures in full compliance with all regulatory authorities having jurisdiction.

1.4. DELIVERY TYPE

The project is Wetland Mitigation Services with a Design-Build project delivery type.

1.5. PROJECT OBJECTIVES

The project objective is to fulfill the Permittee - Responsible Wetland Mitigation requirements, including ownership and management of any property required for the establishment of a new compensatory mitigation wetland, to the standards and duration required by all regulatory authorities having jurisdiction.

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Any method proposed by the contractor to meet the compensatory mitigation requirements must be approved by the regulatory authorities and GSA.

1.6. PROJECT SCHEDULE

The overall Project Schedule is as follows:

Milestone Name Estimated Date

Contract Award July 28, 2023 (subject to actual contract award date)

Contract Notice to Proceed (NTP) 8/1/2023 (14 calendar days after contract award)

Design Phase (Compensatory Wetland Mitigation Plan)

1/24/2024 (174 calendar days after NTP)

Joint NYSDEC and USACE CWA Section 404 and Section 401 permit application.

4/1/2024 (240 calendar days after NTP)

Site Acquisition 02/01/2024 (180 calendar days after NTP)

Substantial Completion (wetland construction) 8/1/2024 (365 calendar days after NTP)

Project Closeout Final contract completion is subject to the monitoring requirements ( 5 years) of the U.S. Army Corps of Engineers approved permit. The project close out will be 30 days after the monitoring requirements have been fulfilled.

2. SCOPE OFWORK

This section details the technical requirements and constraints for which the Contractor is responsible. The Contractor shall perform all services described in this Statement of Work. The Contracting Officer and the COR/PM must approve all proposed changes to the Scope of Work.

2.1. PROJECT REQUIREMENTS

2.1.1. Base Contract

The Contractor shall provide design and construction wetland mitigation services in conformance with the regulatory requirements of the U.S. Army Corps of Engineers (USACE) contained in 33 CFR Chapter II Part 332 – Compensatory Mitigation for Losses of Aquatic Resources. When considering options for successfully providing the required compensatory mitigation plan the contractor shall consider the type and location options in the order presented below.

In general, the required compensatory mitigation should be located within the same watershed as the impacted site and should be located where it is most likely to successfully replace lost functions and services, considering such watershed scale features as aquatic habitat diversity, habitat connectivity, April 6, 2023 4 of 13 relationships to hydrologic sources (including the availability of water rights), trends in land use, ecological benefits, and compatibility with adjacent land uses.

The Contractor shall:

● Procure, own and maintain land within the Richelieu Watershed (within New York State).

● Develop a wetland mitigation work plan in compliance with regulatory requirements.

● Prepare and submit - A operations and maintenance plan, long term management plan, adaptive management, financial assurances and application for CWA Section 404 and 401 application.

● Construct new wetlands in accordance with the approved wetland mitigation plan and/or provide other compensatory wetland mitigation measures intended to fulfill GSA's permittee responsible wetland mitigation requirements.

● Provide ongoing monitoring of wetlands per USACE regulations (332.6 Monitoring), which includes but is not limited to: construction annual inspections, maintenance and reporting per regulatory requirements to identify any conditions that threaten the proper function and development of the newly constructed wetland. Corrective measures shall be implemented to any deficiencies in vegetative cover, berm integrity or sit hydrology.

2.2. PROJECT SITE REQUIREMENTS

2.2.1. Work Restrictions

The Contractor should define the identified watershed boundary and address how the mitigation proposal will benefit wetland and/or stream habitats, water quality, hydrologic conditions, and aquatic and/or terrestrial species needs within the identified watershed boundary. The permit application must include a mitigation justification for proposing permittee - responsible mitigation over purchasing credits at mitigation bank or through ILF.

2.2.2. Planning

● The permittee must identify and briefly discuss the historic losses and the current trends of losses of aquatic resources (ie. wetland and streams) and other wildlife habitats within the watershed based on current and historic land use.

● Identify and briefly discuss water quality issues present within the watershed.

● Describe the immediate and the long-term needs of the watershed to improve both the wildlife habitats and the water quality and describe the suitability (technical feasibility) of the site to meet the needs of the watershed.

● Describe the historic and the current state of the mitigation site and the adjacent lands. In addition, describe the ecological suitability (physical, chemical and biological characteristics) of the site to achieve the objectives of the mitigation plan and to improve the conditions within the identified watershed.

● Identify and discuss the short-term and the long-term off-site threats (including water rights) within the watershed that may affect the wetland and the water quality services constructed at the mitigation site. Discuss how these threats are addressed in order to assure longevity of services at the site.

April 6, 2023 5 of 13 https://www.ecfr.gov/current/title-33/chapter-II/part-332

2.3. STANDARDS AND CRITERIA DOCUMENTS

The Contractor shall ensure that all work performed, and materials used, under this scope of work are in accordance with the guidelines, codes and specifications of the following associations and agencies. Any conflicts or ambiguities within, or among, the referenced Standards and Criteria Documents, or any deviations from requirements contained in the Standards and Criteria Documents, shall be reported to the COR/PM in writing, for determination as to applicability.

2.3.1. GSA Requirements

● Occupational Safety and Health regulations for construction and general industry; 29 CFR Parts 1926 and 1910 https://www.osha.gov/laws-regs/federalregister/1998-06-18

● 2180.2 CIO GSA Rules of Behavior for Handling Personally Identifiable Information (PII), October 8, 2019 https://www.gsa.gov/directive/gsa-rules-of-behavior-for-handling-personally-identifiable-informa tion-%28pii%29-

● 2181.1 ADM Homeland Security Presidential Directive-12, Personal Identity Verification and Credentialing, and Background Investigations for Contractors, March 18, 2020

● GSA Stormwater Management Submission

● https://www.nan.usace.army.mil/Missions/Regulatory/Conservation-Easements/

● New York Distract Website for the US Army Corps of Engineers , which references the following link: Part 332 - Compensatory Mitigation for Losses of Aquatic Resources

2.4. SITEWORK AND STORMWATER REQUIREMENTS

2.4.1. Regulatory Inspections

All jurisdictional inspections required by any of the applicable plans above must be scheduled prior to, during, and after construction as stipulated in the approved permit plans.

2.4.2. As-Built Drawings

All stormwater BMPs shall have as-built drawings, and any other documentation (i.e., stamped record drawings) generated as required by jurisdictional regulators. These drawings shall meet all applicable jurisdiction requirements and shall be submitted to the applicable jurisdiction’s regulatory agency following all that agency’s intake process protocols. Final inspections shall be scheduled with the regulators, and all regulatory aspects of the project must be closed out before final invoices will be approved.

2.4.3. Documentation Transfer

All the documentation listed below shall be organized and provided to the COR/PM. This information is necessary to meet stormwater regulatory requirements associated with properly inspecting, maintaining, and repairing the practice over the long-term. All content must be provided in electronic format in one package. Content may be additionally shared in other formats. All electronic files shall be named to make it clear what content resides within each file.

1) Construction Inspection Reports

2) Monitoring Reports

April 6, 2023 6 of 13 Back to Top https://www.osha.gov/laws-regs/federalregister/1998-06-18 https://www.gsa.gov/directive/gsa-rules-of-behavior-for-handling-personally-identifiable-information-%28pii%29-https://www.gsa.gov/directive/gsa-rules-of-behavior-for-handling-personally-identifiable-information-%28pii%29-https://www.gsa.gov/cdnstatic/STORM%20PROOF%20OF%20CONCEPT.pdf https://www.nan.usace.army.mil/Missions/Regulatory/Compensatory-Mitigation/ https://www.ecfr.gov/current/title-33/chapter-II/part-332

3. CONSTRUCTION STAGE

This section details the services and submittals required to support the construction stage of the project.

3.1. GENERAL

The Contractor shall provide all necessary labor, materials, supervision, management, quality control plan, and testing to produce work conforming to the contract documents.

3.2. PERMITTING

The Contractor shall obtain and provide to the COR/PM all applicable permits such as, but not limited to, sheeting, shoring, and public space permits as required by federal, state, or local jurisdictions; this includes application fees and any fines or penalties that result from noncompliance.

3.2.1. Utility Locating Services

Where sitework shall occur, utility locating services must be provided [7] calendar days in advance of any sitework work beginning.

3.3. CONSTRUCTION SCHEDULE

Within 7 calendar days of Notice to Proceed, the Contractor shall submit a comprehensive schedule that shows the entire lifecycle through creating the plan through approval by DEC/USACE and purchasing property.

All owner furnished equipment and materials shall be identified with dates needed to be received by the Contractor.

Provide a detailed, time-scaled computer-generated Project Schedule with activities representing each portion of the Work for the entire Contract Performance Period. Submit both as MS Project and PDF.

All durations shall be shown in calendar days.

The Project Schedule shall use the Critical Path Method (CPM) for the planning, scheduling, and reporting of the work to be performed under the contract.

No unspecified constraints, float suppression techniques, or use of activity durations, logic ties and/or sequences deemed unreasonable by GSA shall be used in the Project Schedule.

As defined by the Contract, the entire project performance period shall establish the Project Substantial Completion Date which shall be used in the planning and presentation of the Contractor’s Project Schedule. GSA reserves the right not to approve any schedule deemed to have an unrealistic forecasted Substantial Completion Date. Government approval of an early completion Project Schedule shall not modify the Contractual Substantial Completion Date or Project Completion Date.

The time difference between the Contractor’s planned Substantial Completion Date and the Contract directed Substantial Completion Date shall be considered Project Float, jointly owned and for the mutual use of both the Contractor and GSA.

The Project Schedule shall be updated monthly throughout the entire Project performance period until Project completion is achieved. A revised project schedule must be submitted with each invoice.

3.4. CONSTRUCTION PROGRESS REPORTS

Prepare an electronic daily construction report recording the following information concerning but not limited to events at the site. All daily reports are to be uploaded to the COR/PM weekly. Include:

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● List of subcontractors at the site

● List of separate contractors at the site

● Count of personnel at the site

● High and low temperatures, general weather conditions

● Accidents

● Meetings and significant decisions

● Unusual events

● Stoppages, delays, shortages, and losses

● Emergency procedures

● Orders and requests of governing authorities

● Change Orders received or implemented.

● Services connected or disconnected.

● Summary of all work performed.

3.4.1. Government Review

Government rejection of submittals does not relieve the Contractor from responsibility of meeting the period of performance.

3.5. SCHEDULE OF INSPECTIONS AND TESTS

Prepare and submit a schedule of inspections, tests and similar services required by the regulatory agencies within 14 calendar days after issuance of the Notice to Proceed.

The Contractor shall coordinate the schedule of inspections and tests with the Construction Schedule and other related documents. Prepare the schedule in tabular form, including but not limited to the following information:

● Description

● Identification of applicable standards

● Identification of methods to be used.

● Number of inspections, tests, or similar services

● Time schedule or time span

● Responsible entity

● Requirements for taking samples.

● Unique characteristics

3.6. CONSTRUCTION INSPECTIONS

Construction inspections shall be scheduled, coordinated, and performed to ensure that all specified materials, means, and methods are installed per code compliance and contract. At a minimum, inspections must be performed at the following intervals:

● Site inspection (before first ground disturbance - erosion control requirement)

● Final inspection (after all construction is complete)

Inspections include, but are not limited to, adherence to construction documents, contract requirements, and the following:

● Equipment, materials, and workmanship

● Labor and safety conditions

● Defects and omissions

● Problems encountered.

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● Qualitative and quantitative differences between construction contract documents and actual work in place

3.7. QUALITY CONTROL PLAN

The Contractor shall develop, provide, and maintain a Quality Control Plan during the construction initiation of the project, based upon the USACE Three-Phases of Control, to accomplish the contract requirements. The Quality Control Plan shall identify personnel, procedures, instructions, records, and forms to be used in carrying out the requirements of the Project. It will provide the means to maintain effective Quality Controls for construction, sampling, and testing activities.

The Quality Control Plan shall also describe the quality assurance, quality control, and other technical activities that will be implemented to ensure that sampling and analyses are performed to meet applicable data quality objectives for the project.

3.7.1. Submissions

The Quality Control Plan shall be prepared and submitted within 14 calendar days of NTP.

Construction shall not begin until the Quality Control Plan is approved.

3.7.2. Content

The Quality Control Plan shall identify and address the special factors impacting the construction and specify the considerations and provisions to be made by the Contractor during construction of the project. Consideration and provisions proposed to accommodate special factors impacting the construction shall be outlined, and described in sufficient detail to clearly indicate all facets of how they relate to the coordinated construction of the project. The Contractor is not relieved from any requirements specified in this document should they not be included in the plan.

Special factors impacting construction include, but are not limited to:

● Work hour restrictions

● Construction phasing

● Utility outages

● Security and access requirements

● Safety Plan per OSHA requirements

● Staging and storage area space limitations

3.7.3. Workmanship Standards

The Contractor shall initiate and maintain procedures to ensure personnel performing the work are skilled and knowledgeable in the methods and craftsmanship needed to produce the required levels of workmanship. The Contractor shall remove and replace work that does not comply with workmanship specified and standards recognized in the construction industry for the applications indicated. The Contractor shall remove work damaged during construction and replaced with work per the requirements of the drawings and specifications.

3.7.4. Manufacturer's Instructions

Where installations include manufactured products, comply with manufacturer's applicable installation instructions and recommendations to the extent that those instructions and recommendations are more explicit or stringent than requirements contained in the Contract Documents.

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3.8. SAFETY PLAN

The Contractor shall develop, provide, and maintain a Safety Plan based upon OSHA Safety Plan Requirements. The Safety Plan shall be prepared and submitted within 14 calendar days of NTP.

Construction shall not begin until the Safety Plan is approved.

3.9. COORDINATION OFWORK

The Contractor shall coordinate the work of this contract with that of other contractors in the building at the same time.

3.10. REQUESTS FOR INFORMATION

Each RFI shall include a specific description of the issue requiring clarification and citing the specific related contract documents requiring clarification. RFI’s should only be submitted after performing due diligence to confirm that the contract requirements in question are in fact unclear or otherwise inadequate.

Upon receipt of the response to each RFI submitted, coordinate the response with all involved subcontractors to ensure understanding and appropriate action.

3.11. MODIFICATIONS / CHANGE ORDERS

A Change Order will only be approved if the COR/PM agrees that additional work to be performed by the Contractor, because of resolution of an RFI, is beyond the original scope of work.

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4. CONTRACT ADMINISTRATION

4.1. CONTRACTOR’S STAFF

4.1.1. Personnel Qualifications

The Contractor shall exclusively utilize the Key Personnel named and/or otherwise identified in the Contractor's bid submission materials to perform services required under this contract. If any personnel named in the Contractor's Technical Qualifications Statement are unable to perform their duties due to death, illness, resignation from the Contractor's employment, the Contracting Officer's request for removal, or similar reasons, the Contractor shall, within five working days, submit to the CO in writing, the name and qualifications of proposed replacement with equal or superior qualifications. No substitution shall be made without prior approval of the CO. Any approved substitutions shall be made at no increase in the lump sum contract price.

4.1.2. Contracting Officer Acceptance

The CO shall accept or reject personnel proposed by the Contractor. The Contractor shall make a timely and prompt re-submittal to provide other personnel required to replace any that are rejected by the CO, both at initial submittal or any subsequent rejection or substitution of personnel.

4.1.3. Personnel Security Requirements

The Contractor shall comply with the Security Clearances section of the contract documents and GSAR 552.204-9 Personal Identity Verification Requirements.

For any individual whose Initial Fitness Determination requires that the applicant wait for Final Fitness Determination, the Contractor shall promptly provide a qualified replacement.

All personnel in this contract shall comply with all building security provisions and facility access requirements beyond HSPD-12.

No extensions for schedule will be given for failure to get personnel credentialed in a timely manner.

If applicable, tenant agency issued building badges must be always worn above the waist and below the neck in a visible fashion by the Contractor while in the subject facility.

4.1.4. Permits and Responsibilities

Per FAR 52.236-7 Permits and Responsibilities, the Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur because of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered, and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

4.2. MEETINGS

The Contractor shall prepare and distribute an agenda for each Contractor hosted project meeting in advance of the meeting date. Agenda for all meetings shall include review of all open items (e.g., RFIs, Design Comments, Issue Tracking), a look-ahead to the next scheduled meeting, and a round robin opportunity for all participants to introduce items to the meeting.

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Contractor representation at all meetings shall include those individuals having knowledge of the agenda topics and authority to make decisions and commit resources.

The Contractor shall provide minutes of all Contractor hosted project meetings and presentations to all attendees identifying new and unresolved action items and associated responsible parties. Minutes shall be provided within 1 calendar day after each meeting.

4.2.1. Construction Kickoff Meeting

Before Construction NTP, the Contractor shall conduct a Construction Kickoff Meeting in-person with the CO/COR/PM, to provide an overview of the project requirements including phasing, staging, working hours, and any other special building requirements.

4.2.2. Construction Progress Meetings

After Construction begins, the Contractor shall conduct, and a GSA representative and/or consultant, will attend weekly progress meetings. Field inspections by the COR/PM will generally coincide with these progress meetings.

4.3. COMMUNICATION

The Contractor shall reply to correspondence from the GSA, tenant agencies, and GSA contractors within 3 calendar days. The COR/PM shall be included on all correspondence.

4.4. CONTROLLED UNCLASSIFIED INFORMATION

CUI (formerly called Sensitive but Unclassified (SBU)) is information related to GSA-controlled space that is sufficiently sensitive to warrant some level of protection from full and open public disclosure but does not warrant classification. This information requires safeguarding and dissemination controls to diminish the potential that it will be accessible to a person or persons with an interest in causing harm.

The Contractor shall properly mark all documentation as Unclassified or Controlled Unclassified Information (CUI) appropriately, and handled CUI in accordance with PBS Order 3490.3 CHGE 1, “Security for Sensitive Building Information Related to Federal Buildings, Grounds, or Property”, March 22, 2021.

4.5. PROJECT CLOSEOUT

The Contractor shall complete all punch list items prior to the completion of project closeout.

4.5.1. Final Inspection and Test

Unless otherwise identified, manufacturer recommendations shall be followed for all inspection and test procedures.

4.5.2. Release of Claims

The Contractor shall furnish the Government with a release of all claims against the Government under the applicable portions of this contract.

April 6, 2023 12 of 13 Back to Top https://www.gsa.gov/cdnstatic/insite/PBS_34903_CHGE_1_Secur_for_Sensitive_Build_Inform_Related_to_Fed_Build%2C_Grounds%2C_or_Property_%28Post_Ver_3-22-21%29_CC044070.pdf https://www.gsa.gov/cdnstatic/insite/PBS_34903_CHGE_1_Secur_for_Sensitive_Build_Inform_Related_to_Fed_Build%2C_Grounds%2C_or_Property_%28Post_Ver_3-22-21%29_CC044070.pdf https://www.gsa.gov/cdnstatic/insite/PBS_34903_CHGE_1_Secur_for_Sensitive_Build_Inform_Related_to_Fed_Build%2C_Grounds%2C_or_Property_%28Post_Ver_3-22-21%29_CC044070.pdf

4.6. SCHEDULE OF VALUES

The Contractor shall submit a completed Schedule of Values no later than 14 calendar days prior to the scheduled date of initial Requests for Payment. Schedule of Values must include the following:

● Work activity – (by division or specific work activity)

● Dollar value of each specific work activity – both with an amount in dollars and cents, and as a percentage of the Contract Sum to the nearest one-hundredth percent. Adjust the amounts to total to the Contract Sum and the percentages to total 100 percent.

● Line items for mobilization and demobilization

● Line item for close out (10% to be negotiated with COR/PM

● Total cost and proportionate share of general overhead and profit for each item. (i.e., no standalone item for Overhead, and Profit)

● Temporary facilities and other major cost items that are not direct cost of actual work-in-place may be shown either as separate line items in the schedule of values or distributed as general overhead expense, at the government's option.

Each item in the Schedule of Values and Requests for Payment shall be complete.

4.6.1. Modifications

Update affected work branches and subordinate line items and resubmit the Schedule of Values before the next Request for Payment when Modifications result in a change in the Contract Sum.

4.7. FEE & PAYMENT

The Contractor shall be paid per the progress of construction according to the Schedule of Values, submitted on a monthly interval.

Prior to final payment for the project, the Contractor shall complete all items.

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