A.02 Performance Work Statement (PWS)_Flagler County CSRM Sea Turtle Surveys.pdf

PERFORMANCE WORK STATEMENT (PWS)

PRE-CONSTRUCTION THREATENED & ENDANGERED SEA TURTLE NESTING SURVEYS AND

ENVIRONMENTAL MONITORING FOR FLAGLER COUNTY COASTAL STORM RISK

MANAGEMENT PROJECT

FLAGLER COUNTY, FLORIDA

1. GENERAL INFORMATION

1.1 Description of Services:

This is a non-personal services contract to conduct pre construction surveys and environmental monitoring for

Threatened and Endangered (T&E) sea turtle species within the project footprint of the Flagler County Coastal

Storm Risk Management (CSRM) Project (Exhibit C). The contractor will provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items to perform all services as defined in this Performance Work Statement (PWS) except for those items specified as government furnished.

1.2 Background:

Ongoing erosional lossess due to multiple storm events from 2014 to 2023 have contributed to shoreline storm barrier loss and destabilization in Flagler Beach, Florida. As a result of this extensive erosion, the main purpose of the Flagler County CSRM is to provde hurricane and storm damange reduction to the Flagler County shoreline development and critical infrastructure at risk of coastal erosion, which will primarily include sand placement on the shoreline for beach, berm, and dune construction. The authorized federal project consists of an approximately 2.6-miles of shoreline in Flagler Beach between Florida Department of Environmental Protection (FDEP) R-Monuments

R-80 and R-94. The non-federal permitted components (100% funded by the non-federal sponsor, but fully constructed by the USACE) extend between R-77 to R-80 to the north and R-94 to R-96 to the south of the federal project. Sand will be dredged ~10 miles off the coast of Flagler Beach from offshore Borrow Area 3A for placement on the beach for both the federal and non-federal templates. The 2015 Shore Protection Activities along the Coast of

Florida Federal Statewide Programmatic Biological Opinion (SPBO) from the U.S. Fish and Wildlife Service

(USFWS) and the FDEP Joint Coastal Permits (JCP) requires pre-construction sea turtle surveys and relocations.

1.3 Objective:

In support of the Flagler County CSRM project, the objective of this scope of work is to survey and relocate the nests of T&E sea turtle species within the project footprint (Exhibit C) and will be initiated 65 days prior to sand placement activities (expected to begin in early July) or by the beginning of the nesting season (April 15), whichever is later.

1.4 Restrictions:

1. Personal Services: The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances will the Government assign tasks to, or prepare work schedules for, individual contractor employees. It will be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it will be the contractor's responsibility to notify the Procuring Contracting Officer (PCO) immediately.

2. Inherently Governmental: Avoidance of Performance Closely Associated with Inherently Governmental

Functions. Task orders issued under this IDIQ Contract will receive special consideration to avoid inclusion of services which are considered closely associated with inherently governmental functions. Under no circumstances will this IDIQ Contract be utilized in a manner which would require the Contractor to manage another contractor, nor in manner such as where the Contractor might influence official evaluations of other contractors; neither directly nor indirectly.

3. Brooks-Act Prohibition: Under this contract, the Contractor is prohibited from performing architect-engineer type services which require a registration by state law. The Contractor is prohibited from performing architect-engineer type services, associated with the design or construction of real property (land and structures).

The Contractor is prohibited from performing ancillary architect-engineer type services, which require supervision by a registered professional. The Contractor is prohibited from performing survey or mapping services associated with architect-engineer type planning, development construction, design, or alteration of real property.

1.5 Scope:

This PWS details the Contractor’s assignment to survey nests of T&E sea turtle species within the project footprint of the Flagler County CSRM project and to subsequently perform pre-construction sea turtle surveys, relocations, and monitoring, commencing approximately April 15, 2024 to June 20, 2024. Services include 2 Tasks:

1) Sea Turtle Nest Surveys and Relocations

2) Summary Reports

These Tasks are described in more detail in Section 10 of this PWS.

1.6 Period of Performance:

April 15, 2024, through December 31, 2024

1.7 Place of Performance:

The work to be performed under this contract will be performed within the project footprint of the Flagler CSRM project, located in Flagler County, Florida.

1.8 Recognized Holidays:

The Contractor is required to perform daily surveys regardless of any Federal holidays.

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

2. CONTRACTOR ADMINISTRATION AND MANAGEMENT

2.1 Business Relations:

The contractor will successfully integrate and coordinate all activity needed to execute the requirement. The contractor will manage the timeliness, completeness, and quality of problem identification. The contractor will provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor will seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

2.2 Contractor Personnel, Disciplines, and Specialities:

Reserved.

2.3 Key Personnel:

Sea turtle nesting surveys will only be conducted by persons with prior experience and training in these activities and who are duly authorized to conduct such activities through a valid permit issued by FWC, pursuant to FAC 68E-

1. The contractor must be the designated Marine Turtle Permit Holder in the project area or subcontract the designated Marine Turtle Permit Holder in the project area.

The following personnel are considered key personnel by the government: contract manager and alternate contract manager. The contractor will provide a contract manager who will be responsible for the performance of the work.

The name of this person and an alternate who will act for the contractor when the manager is absent will be designated in writing to the contracting officer. The contract manager or alternate will have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate will be available daily.

2.4 Identification of Contractor Employees:

All contract personnel attending meetings, answering Government telephones, 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.

2.5 Subcontract Management:

The contractor will be responsible for any subcontract management necessary to integrate work performed on this requirement and will be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the KO or Contracting Officer

Representative (COR).

2.6 Contractor Travel:

The Contractor will be required to travel within the project area during the performance of this contract to conduct field work.

3. SECURITY

3.1 Security Requirements:

3.2 Antiterrorism/Operation Security (AT/OPSEC) Requirements:

3.3 Physical Security:

3.4 Key Control:

4. QUALITY

4.1 Quality Control:

The contractor will provide their standard quality control plan to ensure services are performed in accordance with this PWS. The contractor will implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control plan is the means by which he assures himself that his work complies with the requirement of the contract. Within 30 days after contract award, the contractor’s standard quality control plan will be submitted to the PM, KO and COR. After acceptance of the quality control plan the contractor will receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

4.2 Quality Assurance:

The government will evaluate the contractor’s performance under this contract in accordance with the Performance

Requirement Summary (PRS). Additionally, the Government will use a Quality Assurance Surveillance Plan

(QASP), in the inspection of the services. 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).

4.3 Quality Assurance Surveillance Plan (QASP):

The Government will monitor the Contractors performance under this Task/Delivery Order in accordance with the

Governments QASP.

4.4 Performance Requirements Summary:

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

5. GOVERNMENT CONTRACT ADMINISTRATION

5.1 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 will be taken to resolve outstanding issues.

These meetings will be at no additional cost to the government.

5.2 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.

5.3 Contractor Performance Assessment Reporting System (CPARS):

This contract requires reporting in the Contractor Performance Assessment Reporting System (CPARS). Any task order awarded under this contract that is valued at greater than $1,000,000.00 will also be subject to reporting in

CPARS. The contractor is responsible for providing and maintaining a representative in CPARS who has the authority to review and accept performance reports on behalf of the contractor.

6. OTHER REQUIREMENTS AND INFORMATION

6.1 Hours of Operation:

The Contractor is responsible for conducting business from sunrise until the daily early morning nesting surveys are completed Sunday through Saturday. Other monitoring activities will occur beyond the morning nest surveys, during late morning through evening, as well as some nighttime surveys (lighting surveys). The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the

Government facility is not closed for the above reasons. When hiring personnel, the Contractor will keep in mind that the stability and continuity of the workforce are essential.

6.2 Other Direct Costs:

6.3 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 will 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 will 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.

6.4 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 will notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and will 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 effect 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.

6.5 Phase In/Phase Out:

7. DEFINITIONS AND ACRONYMS

7.1 Definitions:

CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government.

The term used in this contract refers to the prime.

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.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment will be in writing and will 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.

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

Performance Work Statement.

DELIVERABLE. All goods, out-puts, end products, services, work, work product, items, materials and property to be created, developed, produced, delivered, performed or provided by or on behalf of, or made available through, Contractor (or any agent, contractor or subcontractor of the contractor) in connection with this contract. Most deliverables take the form of a tangible product (hardware, software, data, written report, completed installation, etc.), but some can also be less tangible (meeting facilitator or custodial services).

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.

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

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

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

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

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

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

WORK WEEK. Is defined as Sunday through Saturday, unless specified otherwise.

7.2 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

CSRM Coastal Storm Risk Management

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

FDEP Florida Department of Environmental Protection

HIPAA Health Insurance Portability and Accountability Act of 1996

JCP Joint Coastal Permit

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

SJC St. Johns County

SPBO Statewide Programmatic Biological Opinion

SPP Shore Protection Project

USFWS U.S. Fish and Wildlife Service

8. GOVERNMENT FURNISHED PROPERY, EQUIPMENT, SERVICES AND MATERIALS

8.1 Property:

8.2 Equipment:

8.3 Services:

8.4 Materials:

9. CONTRACTOR FURNISHED ITEMS AND SERVICES

9.1 Contractor Furnished Items: N/A.

9.2 Submittals:

The Contractor will provide to the Government the submittals detailed in Appendix B.

9.3 Contract Requirements: N/A.

10. PERFORMANCE REQUIREMENTS

10.1 Basic Services:

The Contractor will provide pre-construction services for surveying and relocation of active nests of T&E sea turtle species within the project footprint of the the Flagler CSRM project efforts.

10.2 Task Heading and Standards:

Task 1. SEA TURTLE NEST SURVEYS AND RELOCATIONS.

For the Flagler CSRM, the Contractor will perform, daily, early-morning sea turtle surveys, between sunrise and 9 a.m., for pre-construction marine sea turtle surveys, relocations, and monitoring commencing approximately April

15, 2024 to June 20, 2024 (the primary dredge Contractor will take responsibility for all sea turtle nesting surveys, relocations, and monitoring activities beginning on June 21, 2024). The survey activities for this work will occur between reference monuments R-77 to R-96, spanning the entirety of the federal template and non-federal templates that are directly to the north and to the south of the federal template. Contractor will monitor the beach for escarpments, erosion, other beach conditions, hatchling disorientation, and other pertinent factors that threaten nesting success and reproductive success. Surveys will be performed in compliance with the the City of Flagler

Beach’s permits (Permit No. 0379716-001-JC and associated Permit Modification No. 0379716-002-JN)

(Attachment 1), and the USACE’s permit (Permit No. 0378136-002-JM) (Attachment 2), the 2015 SPBO

(Attachment 3), and the FWC Marine Turtle Permit Holder guidelines.

SEA TURTLE NEST EXCAVATION AND EVALUATION.

If nests are constructed within the area of proposed sand placement, the eggs will be relocated to minimize sea turtle nest burial, crushing of eggs, or nest excavation. Contractor will mark and excavate (inventory) enough nests to provide statistically valid samples of loggerhead and green turtle nests, and all leatherback turtle nests and satisfy the project permit conditions and Marine Turtle Permit Holder guidelines. Nest excavations will be conducted for the purpose of recording egg fates to assess hatching success, emerging success and other key nest productivity data.

Only those nests that may be affected by sand placement activities will be relocated. Nest relocation will not occur upon completion of the project. Nests requiring relocation will be moved no later than 9 a.m. the morning following deposition to a nearby self-release beach site in a secure setting where artificial lighting will not interfere with hatchling orientation. Relocated nests will not be placed in organized groupings. Relocated nests will be randomly staggered along the length and width of the beach in settings that are not expected to experience daily inundation by high tides or known to routinely experience severe erosion and egg loss, predation, or be subject to artificial lighting.

Nest relocations in association with construction activities will cease when construction activities no longer threaten nests.

Task 2. SUMMARY REPORTING.

A monthly report including applicable data listed in Table 1 will be submitted to the Government for review on the

10th of each month.

The monthly reports will be summarized into a draft report. The draft report is to be submitted to the Government for review within 30 calendar days of the end of the survey/nest monitoring period. The data will be reported and analyzed in FDEP Range monument reach lengths along the beach (i.e., 77-78, 78-79, 79-80, 80-81, etc.). Within 14 days of receiving the draft report, the the Government will submit comments to the Contractor. The report will be finalized into a final report that will address the Government’s review comments, if any, and be submitted to the

Government within 14 days of comments being sent to the Contractor. Monthly reports, the draft report, and the final report are to be completed for the construction year.

Table 1, Sea turtle monitoring following sand placement activity (see Attachment 3, 2015 SPBO, Table 21).

Survey Criteria Survey Data

Nesting Success Number of nests and non-nesting events

Nesting Relocation Description and location of sites where nests were relocated

Hatching success Number of hatchlings by species to hatch from egg

Emergence Success Number of hatchlings by species to emerge from nest onto beach

Disorientations Number of nests and individuals that misorient or disorient

Nests affected by erosion or inundation

Number of nests lost and/or affected, by species

All data (photo and video files, scanned data sheets, and Excel spreadsheets with raw data, etc.) will be presented in text, tabular, and graphic forms, whichever is most appropriate, effective, and advantageous to concisely communicate relevant information. All figures and tables will have a number, title, appropriate explanatory notes, and a source note. In addition, all figures will include appropriate reference points to help identify the location.

The Contractor will provide to the Government one (1) electronic copy of both the draft and final reports. All documents provided from the Contractor will be in MS Word, MS Excel, and Adobe Acrobat format. All final

Adobe Acrobat documents will be Section 508 Compliant. All graphics will be saved as .jpeg or comparable files.

All GIS files will be in ArcView (shapefile) or comparable format.

11. REGULATIONS AND PUBLICATIONS

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

Technical Publications: All work performed under this contract will be in accordance with the following publications, and contractor's personnel will be familiar with and comply with same. Publications may found at http://140.194.76.129/publications/.

• Corps of Engineers Manual EM 385-1-1 - Safety and Health Requirements Manual.

12. CONTRACTOR MANPOWER AND REPORTING

13. EXHIBITS AND ATTACHMENTS

13.1 Exhibit A – Performance Requirements Summary

13.2 Exhibit B – Deliverables

13.3

Attachment 1 – City of Flagler Beach Permit No. 0379716-001-JC (and associated Permit Modification No.

0379716-002-JN)

13.4 Attachment 2 – FDEP Consolidated JCP Modification No. 0378136-002-JM

13.5 Attachment 3 – U.S. Fish and Wildlife Service (USFWS) 2015 Statewide Biological Programmatic Opinion

(SPBO)

13.6 Exhibit C - Diagrams, Pictures and Special Requirement Specifications

EXHIBIT A

Performance Requirements Summary

Performance Objective Standard Performance

Threshold

Method of

Surveillance

PRS #1 and #2

The Contractor will monitor for sea turtle nests.

Biological Opinion: (The

Contractor will notify the

COR when problems occur.)

FDEP Permit (The

Contractor will notify the

COR when problems occur.)

Zero deviation from standard.

Periodic

Surveillance.

PRS #2 The Contractor will monitor for nest excavation and evaluation.

Biological Opinion: (The

Contractor will notify the

COR when problems occur.)

FDEP Permit (The

Contractor will notify the

COR when problems occur.)

Zero deviation from standard.

Periodic

Surveillance.

PRS #3

Sea Turtles: Monthly, Draft, and Final reports will be submitted.

Meet the delivery schedule on time

Will meet the schedule

98%

Periodic

Surveillance.

EXHIBIT B

Deliverable Schedule

Deliverable Frequency # of Copies Medium/

Format Submit To

MONTHLY REPORTING FOR

FLAGLER COUNTY CSRM

(refer to Task 2):

The reports will summarize the monitoring results of the daily surveys, nesting, and reproductive success, escarpments.

A monthly report will be submitted to the Government for review on the

10th of each month during the survey periods. Within 7 days of receiving the monthly report, the

COR will submit comments to the

Contractor.

One (1) digital copy of the report will be sent to the

COR.

Reports will be submitted in Microsoft

WORD or

PDF.

William (Shane)

Smith, COR

William.S.Smith

@usace.army.mil

DRAFT REPORT FOR

FLAGER COUNTY CSRM

(refer to Task 2):

The monthly reports will be summarized into a draft report.

Comments from the Government will be incorporated into the final report.

A draft report will be submitted to the Government for review within

30 calendar days of the end of the survey/nest monitoring period.

Within 14 days of receiving the draft report, the Government will submit comments to the Contractor.

These comments are to be incorporated into the final report.

One (1) digital copy of the report will be sent to the

COR.

Reports will be submitted in Microsoft

WORD or

PDF.

FINAL REPORT FOR

FLAGLER COUNTY CSRM

(refer to Task 2):

The draft report will be finalized into a final report.

A final report will be submitted to the Government within 14 days of

Government review comments for the draft report being sent.

One (1) digital copy of the report will be sent to the

COR.

Reports will be submitted in Microsoft

WORD or

PDF.

mailto:William.S.Smith@usace.army.mil mailto:William.S.Smith@usace.army.mil mailto:William.S.Smith@usace.army.mil mailto:William.S.Smith@usace.army.mil mailto:William.S.Smith@usace.army.mil mailto:William.S.Smith@usace.army.mil

Deliverable Frequency # of Copies Medium/

Format Submit To

EXHIBIT C

Diagrams, Pictures and Special Requirement Specifications

EXHIBIT C. Flagler County Coastal Storm Risk Management Federal and Non-Federal footprint templates.