PWS_Final_06242024.pdf

PERFORMANCE WORK STATEMENT (PWS)

THREATENED AND ENDANGERED (T&E) SEA TURTLE NESTING SURVEYS AND SHOREBIRD

NESTING SURVEYS FOR CANAVERAL SAND BYPASS (CSBP) FILL AREA

IN SUPPORT OF

CANAVERAL HARBOR SAND BYPASS PROJECT VI 2025

BREVARD COUNTY, FLORIDA

1. 0 GENERAL INFORMATION

1.1 Description of Services/Introduction:

This is a non-personal services contract to conduct environmental services for Threatened and Endangered (T&E) sea turtle species and nesting shorebirds within the project footprint of the Canaveral Sand Bypass VI (CSBP VI) beach Fill Area (Exhibit C). The U.S. Army Corps of Engineers (USACE) shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

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. The Contractor shall perform to the standards in this contract.

1.2 Background: The 6th (VI) iteration of the Canaveral Harbor Sand Bypass project is anticipated to be performed starting in 2024. In 2022, Hurricanes Ian and Nicole passed by the project area causing erosion to the Federal beach project area. Funding from the Disaster Relief Supplemental Appropriations Acts of 2022 and 2023 was provided for bypassing and renourishment expected to be completed between November 2024 through April 2026. 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 (JCPs) require pre-construction sea turtle surveys and relocations, as well as three years of post-construction sea turtle nest monitoring.

The SPBO further requires during construction and post-construction shorebird surveys and monitoring. These actions will be required for at least one full dredging season, but no more than two full dredging seasons. Post construction surveys shall begin when work is completed, regardless of the number of dredging seasons.

1.3 Objectives: The Contractor shall perform pre-construction T&E sea turtle surveys, nest relocations, and monitoring in the CSBP VI Fill Area footprint (Exhibit C). The Contractor shall perform T&E sea turtle during construction surveys (while dredging and construction activities occur) and post-construction surveys (within 24 hours following completion of all work) and monitoring. The Contractor shall also perform during construction and post-construction shorebird surveying and monitoring, escarpment and compaction monitoring, nighttime beach front lighting surveys of all lighting visible from the beach, and nighttime sea turtle monitoring during construction.

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:

The Contractor shall perform pre-construction T&E sea turtle surveys, relocations, and monitoring, commencing approximately, but not earlier than, August 15, 2024. T&E sea turtle surveys, monitoring, and relocation actions will either occur through November 11, 2024, or 7 days without a nest and concurrence from USFWS or the Florida Fish and Wildlife Conservation Commission (FWC). Relocations are to be completed at least 65 days prior to the first dredging season construction beach activity. The time frame of post-construction surveys and monitoring for both

T&E turtles and shorebirds will be dependent upon the number of dredging seasons.

If work under the USACE’s dredging contract is unable to be completed within the first dredging season, by approximately April 30, 2025, environmental monitoring actions during the second dredging season shall be required. A second dredging season will require a second round of pre-construction T&E sea turtle surveys, relocations, and monitoring to be performed by the Contractor. The Contractor shall complete relocations at least 65 days prior to second dredging season beach construction activities.

The two possible Scenarios that could be carried forward, along with their respective environmental monitoring windows, are described below. Scenario 1 assumes one full dredging season is required for work to be completed.

Scenario 2 assumes two full dredging seasons are required for work to be completed.

Scenario 1:

• The Contractor shall perform pre-construction sea turtle nest surveys and relocations from approximately

R-01 to R-16. Pre-construction sea turtle nest surveys and relocations are required from approximately, but no earlier than, August 15, 2024, to November 11, 2024 - or 7 days after last documented nest in the project area.

• The Contractor shall perform during construction shorebird monitoring from approximately R-01 to R-

54.5. Shorebird monitoring is required from no earlier than November 1, 2024, to no later than April 30, 2025. While construction is ongoing, sea turtle nest monitoring is required between March 1, 2025, and

April 30, 2025.

• The Contractor shall perform 2-Year Post-Construction sea turtle nest and shorebird surveys and monitoring from approximately R-01 to R-54.5 Post-construction sea turtle nest and shorebird surveys and monitoring shall be required from approximately May 1, 2025, to December 31, 2027.

The Contractor will be notified by no later than May 1, 2025, if a second dredging season will be required. If it is determined that a second dredging season is required, the Contractor shall perform the following work under the timeline set forth in Scenario 2.

Scenario 2:

• The Contractor shall perform pre-construction (first dredging season) sea turtle nest surveys and relocations from approximately R-01 to R-16. Pre-construction sea turtle nest surveys and relocations for the first dredging season shall be required from approximately, but no earlier than, August 15, 2024, to November

11, 2024 - or 7 days after last documented nest in the project area.

• The Contractor shall perform during construction (first dredging season) shorebird monitoring from approximately R-01 to R-54.5. Shorebird monitoring is required from no earlier than November 1, 2024, to no later than April 30, 2025. While construction is ongoing, sea turtle monitoring is required between the

March 1, 2025, and April 30, 2025.

• The Contractor shall perform pre-construction (second dredging season) sea turtle nest surveys and relocations from an area to be determined within approximately R-01 to R-54.5. Pre-construction sea turtle nest surveys and relocations for the second dredging season shall be required from approximately, but no earlier than, August 15, 2025, to November 11, 2025 - or 7 days after last documented nest in the project area.

• The Contractor shall perform during construction (second dredging season) shorebird monitoring from approximately R-01 to R-54.5 Shorebird monitoring is required from no earlier than November 1, 2025, to no later than April 30, 2026. While construction is ongoing, sea turtle monitoring is required between

March 1, 2026, and April 30, 2026.

• The Contractor shall perform 2-Year Post-Construction sea turtle nest and shorebird surveys and monitoring from approximately R-01 to R-54.5. Post-construction sea turtle nest and shorebird surveys and monitoring shall be required from approximately May 1, 2026, to December 31, 2028.

The Contractor shall perform the following tasks that are described in more detail in Section 10 of this PWS:

1) Sea Turtle Nest Surveys and Relocations (Season 1)

2) Sea Turtle Nest Excavation and Evaluation (Season 1)

3) Escarpment Monitoring and Compaction Measurements (Season 1)

4) Artificial Lighting Survey and Reporting (Season 1)

5) Sea Turtle Summary Reporting (Season 1)

6) Shorebird Nesting Surveys and Survey Reporting (Season 1)

7) If required, Sea Turtle Nest Surveys and Relocations (Season 2)

8) If required, Sea Turtle Nest Excavation and Evaluation (Season 2)

9) If required, Escarpment Monitoring and Compaction Measurements (Season 2)

10) If required, Artificial Lighting Survey and Reporting (Season 2)

11) If required, Sea Turtle Summary Reporting (Season 2)

12) If required, Shorebird Nesting Surveys and Survey Reporting (Season 2)

1.6 Period of Performance:

June 14, 2024, through December 31, 2028

1.7 Place of Performance:

The work to be performed under this contract shall be performed within the project footprint of the CSBP VI Fill

Area, located in Brevard County, Florida, between approximately R-01 and R-54.5. All work shall be performed within the boundaries of R-01 to R-54.5 for the entire duration of environmental monitoring tasks

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 shall successfully integrate and coordinate all activity needed to execute the requirement. The

Contractor shall manage the timeliness, completeness, and quality of problem identification. The Contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The Contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all

Contractor personnel.

2.2 Contractor Personnel, Disciplines, and Specialties:

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 Florida

Administrative Code (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.

2.3 Key Personnel:

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 shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

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 shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall 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 Contracting Officer or

Contracting Officer Representative (COR).

2.6 Contractor Travel:

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

3. SECURITY

3.1 Security Requirements:

Reserved.

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 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, 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 shall complete daily early morning nesting surveys by 9 a.m., 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 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.

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

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: Contractor shall provide all equipment to meet the requirements of this PWS.

9.2 Submittals:

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

9.3 Contract Requirements: N/A.

10. PERFORMANCE REQUIREMENTS

10.1 Basic Services:

The Contractor shall provide environmental services for T&E sea turtle species and nesting shorebirds within the project footprint of the CSBP VI Fill Area.

10.2 Task Heading and Standards:

Task 1. SEA TURTLE NEST SURVEYS AND RELOCATIONS (first dredging season)

For the CSPB VI Fill Area, the Contractor shall perform and complete daily, early-morning sea turtle surveys, monitoring, and relocations between approximately R-01 to R-16 by 9 a.m. These environmental actions will occur for pre-construction marine sea turtle surveys, relocations, and monitoring. Pre-construction marine sea turtle surveys, relocations, and monitoring will last from approximately, but no earlier than, August 15, 2024, to

November 11, 2024, or 7 days after last documented nest in the project area regardless of which Scenario occurs.

The Contractor shall perform 3-year post construction marine sea turtle surveys and monitoring from approximately

May 1, 2025, to approximately September 1, 2028, if Scenario 1 is carried forward. The survey activities for during construction and post-construction sea turtle monitoring will occur between R-01 to R-54.5. The Contractor shall monitor the beach for escarpments, erosion, other beach conditions, hatchling disorientation, and other pertinent factors that threaten nesting success and reproductive success. Surveys shall be performed in compliance with the

2015 SPBO (Attachment 2), and the FWC Marine Turtle Permit Holder guidelines.

Task 2. SEA TURTLE NEST EXCAVATION AND EVALUATION (first dredging season)

If nests are established within the CSBP Fill Area, the Contractor shall relocate the eggs to minimize sea turtle nest burial, crushing of eggs, or nest excavation. The Contractor shall 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. The Contractor shall perform nest excavations 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 dredging activities will be relocated by the Contractor. Nests requiring relocation shall be moved by the Contractor no later than 9 a.m. the morning following dredging to a nearby self-release beach site in a secure setting where artificial lighting will not interfere with hatchling orientation. The

Contractor shall not place relocated nests in organized groupings. The Contractor shall stagger relocated nests randomly 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 shall cease when construction activities (per Scenario 1 construction schedule) no longer threaten nests.

Task 3. ESCARPMENT MONITORING AND COMPACTION MEASUREMENTS (first dredging season).

The Contractor shall conduct visual surveys for escarpments at the seaward edge of the dune and the berm weekly during sea turtle nesting season. The Contractor shall record the number of scarps during each weekly survey and reported annually. Notations on the height of these scarps will be included (0 to 2 feet, 2 to 4 feet, and 4 feet or higher) as well as the maximum height of all scarps and the general duration of the scarps existence. The Contractor shall alert the COR immediately if scarps are discovered that exceed 18 inches in height for a distance of 100 feet along the beach berm during nesting season. Visual surveys for escarpments along the CSBP Fill area will be made within 24 hours after completion of the sand placement per the Department of Environmental Protection Permit No. 0134869-

009-JC (Attachment 1) and per the 2015 Statewide Programmatic Biological Opinion (Attachment 2).

Compactions measurements will be completed after construction per each scenario. If Scenario 1 is carried forward, compactions measurements will be completed prior to December 15, 2025, December 15, 2026, and December 15, 2027, with results provided by December 31, 2025, 2026, and 2027, respectively. Compaction sampling stations will be located at 500-foot intervals along the project area. One station will be at the seaward edge of the dune/bulkhead line (when material is placed in this area), and one station will be midway between the dune line and the high-water line (normal wrack line).

At each station, the cone penetrometer will be pushed to a depth of 6, 12, and 18 inches three times (three replicates).

Material may be removed from the hole if necessary to ensure accurate readings of successive levels of sediment. The penetrometer may need to be reset between pushes, especially if sediment layering exists. Layers of highly compact material may lie over less compact layers. Replicates will be located as close to each other as possible, without interacting with the previous hole and/or disturbed sediments.

The three replicate compaction values for each depth will be averaged to produce final values for each depth at each station.

Reports will include all 18 values for each transect line, and the final 6 averaged compaction values.

If the average value for any depth exceeds 500 psi for any two or more adjacent stations, then the Contractor shall till that area prior to March 1.

Task 4. ARTIFICIAL LIGHTING SURVEY AND REPORTING (first dredging season)

The Contractor shall perform at least two (2), but no more than four (4), surveys of all lighting visible within the sand

Fill Area from the flat beach using standard surveying techniques (see Attachment 2, 2015 Statewide Programmatic

Biological Opinion (Appendix C) in the year following construction. The Contractor shall conduct the first survey between May 1 and May 15, 2025, or within 24 hours after placement if construction is not completed until after May

15, 2025. The Contractor shall conduct the second survey between July 1 and July 15, 2025.

The Contractor shall conduct the surveys from the top of the foreshore slope (i.e., the seaward edge of the filled berm before it slopes into the water), facing landward. The survey will follow standard techniques for such a survey and include number and type of visible lights, location of lights and photo documentation. During the surveys, each visible light source shall be photo-documented by the Contractor , and the address, fixture type, and exact location of each light source shall be entered by the Contractor into an Excel spreadsheet. The Contractor shall take care to avoid surveying close to the full moon.

The Contractor shall include a filled-out U.S. Fish and Wildlife Services Sea Turtle Lighting Survey From

(Attachment 3, 2015 Statewide Programmatic Biological Opinion (Appendix D)) and send electronically to the COR by August 20, 2025 if Scenario 1 is carried forward.

Task 5. SEA TURTLE SUMMARY REPORTING (first dredging season)

The Contractor shall submit a monthly report, including applicable data listed in Table 1, to USACE for review on the 10th of each month.

The monthly reports shall be summarized into a draft report. The draft report is to be submitted to USACE for review within 30 calendar days of the end of each survey/nest monitoring period (per Scenario 1 construction schedule). The data shall be reported and analyzed in Range monument reach lengths along the beach (i.e., 01-02, 02-03, 03-04, 04-05, etc. for each dredging season that is required). Within 14 days of receiving the draft report, USACE will submit comments to the Contractor. The report shall be finalized into a final report that will address

USACE review comments, if any, and be submitted to USACE 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 dredging activity (see Attachment 2, 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 shall provide to USACE one (1) electronic copy of both the draft and final reports. All documents provided 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.

Task 6. SHOREBIRD NESTING SURVEYS AND SURVEY REPORTING (first dredging season)

The outcome of each daily shorebird survey shall be reported by the Contractor to the COR via email weekly during construction and monthly post-construction (unless nesting shorebirds are documented in the construction area; then report immediately), including locations of any protected birds, breeding activity, or flightless chicks, if seen. A final report shall be submitted by September 15, 2025, in the case of Scenario 1, after shorebird nesting season has ended. Any additional submittals shall be consistent with the FDEP JC Permit.

Shorebird surveys shall be performed during construction for every dredging season required, which will be required from approximately April 1, 2025, through July 15, 2025 (Scenario 1) if no nesting activity is documented or through September 1, 2025 (Scenario 1) if nesting activity is documented. Nesting Shorebird Surveys shall be performed, and submittals made in compliance with the Florida Department of Environmental Protection (FDEP) JC permit. Daily morning shorebird surveys shall be conducted from the beginning of the Brevard County nesting season (April 1) until construction has been completed (approximately April 30, 2025, for 1st dredging season) to detect any breeding activity or flightless chicks in the construction area prior to each day’s construction activities.

In the case of Scenario 1, weekly shorebird surveys shall then be conducted through July 15, 2025, if no nesting activity is documented or until September 1, 2025, if nesting activity is documented. Shorebird surveys may be conducted via ATV at a low speed by an experienced shorebird surveyor who is familiar with bird identification, and the surveyor’s equipment will be utilized for the surveys. The outcome of each survey shall be reported via email, including locations of any protected birds, breeding activity, or flightless chicks, if seen. The Contractor shall work with the FWC to establish an appropriate buffer zone in the event of any shorebird nesting activity or flightless chicks.

Task 7. IF REQUIRED, SEA TURTLE NEST SURVEYS AND RELOCATIONS (second dredging season)

For the CSPB VI Fill Area, if a second dredging season is required, the Contractor shall also perform daily, early-morning sea turtle surveys, until 9 a.m. within an area to be determined between approximately R-01 to R-54.5.

These environmental actions will occur for 2nd season pre-construction marine sea turtle surveys, relocations, and monitoring. The 2nd season pre-construction marine sea turtle surveys, relocations, and monitoring will last from approximately, but no earlier than, August 15, 2025, to no later than November 11, 2025, or 7 days after last documented nest in the project area. The Contractor shall perform 3-year post-construction marine sea turtle surveys and monitoring from approximately May 1, 2026, to approximately September 1, 2029, if Scenario 2 is carried forward. The survey activities for during constriction and post-construction sea turtle and shorebird monitoring will occur between R-01 to R-54.5. The Contractor shall monitor the beach for escarpments, erosion, other beach conditions, hatchling disorientation, and other pertinent factors that threaten nesting success and reproductive success. Surveys shall be performed in compliance with the 2015 SPBO (Attachment 2), and the FWC Marine

Turtle Permit Holder guidelines.

Task 8. IF REQUIRED, SEA TURTLE NEST EXCAVATION AND EVALUATION (second dredging season)

If nests are established within the CSBP Fill Area during a second dredging season, the Contractor shall relocate the eggs to minimize sea turtle nest burial, crushing of eggs, or nest excavation. The Contractor shall 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 shall 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 dredging activities will be relocated. Nests requiring relocation shall be moved no later than 9 a.m. the morning following dredging to a nearby self-release beach site in a secure setting where artificial lighting will not interfere with hatchling orientation. Relocated nests shall not be placed in organized groupings. Relocated nests shall 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 Season 2 construction activities shall cease when construction activities no longer threaten nests.

Task 9. IF REQUIRED, ESCARPMENT MONITORING AND COMPACTION MEASUREMENTS (second dredging season)

The Contractor shall make visual surveys for escarpments at the seaward edge of the dune and the berm weekly during sea turtle nesting season. The Contractor shall record the number of scarps during each weekly survey and reported annually. Notations on the height of these scarps will be included (0 to 2 feet, 2 to 4 feet, and 4 feet or higher) as well as the maximum height of all scarps and the general duration of the scarps existence. The Contractor shall alert the

COR immediately if scarps are discovered that exceed 18 inches in height for a distance of 100 feet along the beach berm during nesting season. Visual surveys for escarpments along the beach fill area will be made within 24 hours after completion of the sand placement per the Department of Environmental Protection Permit No. 0134869-009-JC

(Attachment 1) and per the 2015 Statewide Programmatic Biological Opinion (Attachment 2).

Compactions measurements will be completed after construction per each scenario. If a second dredging season is required

(Scenario 2), compaction measurements will be completed prior to December 15, 2026, December 15, 2027, and December

15, 2028, with results provided by December 31, 2026, 2027, and 2028, respectively. Compaction sampling stations will be located at 500-foot intervals along the project area. One station will be at the seaward edge of the dune/bulkhead line

(when material is placed in this area), and one station will be midway between the dune line and the high-water line (normal wrack line).

At each station, the cone penetrometer will be pushed to a depth of 6, 12, and 18 inches three times (three replicates).

Material may be removed from the hole if necessary to ensure accurate readings of successive levels of sediment. The penetrometer may need to be reset between pushes, especially if sediment layering exists. Layers of highly compact material may lie over less compact layers. Replicates will be located as close to each other as possible, without interacting with the previous hole and/or disturbed sediments.

The three replicate compaction values for each depth will be averaged to produce final values for each depth at each station.

Reports will include all 18 values for each transect line, and the final 6 averaged compaction values.

If the average value for any depth exceeds 500 psi for any two or more adjacent stations, then that area will be tilled prior to March 1.

Task 10. IF REQUIRED, ARTIFICIAL LIGHTING SURVEY AND REPORTING (second dredging season)

The Contractor shall perform at least two (2), but no more than four (4), surveys of all lighting visible within the sand

Fill Area from the flat beach using standard surveying techniques (see Attachment 2, 2015 Statewide Programmatic

Biological Opinion (Appendix C) in the year following construction.

If in the case of Scenario 2, the Contractor shall conduct a third survey between May 1 and May 15, 2026, or within

24 hours after placement if construction is not completed until after May 15, 2025. The Contractor shall conduct a fourth survey between July 1 and July 15, 2026.

The surveys shall be conducted by the Contractor from the top of the foreshore slope (i.e., the seaward edge of the filled berm before it slopes into the water), facing landward. The survey will follow standard techniques for such a survey and include number and type of visible lights, location of lights and photo documentation. During the surveys, each visible light source shall be photo-documented, and the address, fixture type, and exact location of each light source will be entered into an Excel spreadsheet. Care should be taken to avoid surveying close to the full moon.

The Contractor shall include a filled-out U.S. Fish and Wildlife Services Sea Turtle Lighting Survey From

(Attachment 3, 2015 Statewide Programmatic Biological Opinion (Appendix D)) and send electronically to the COR by August 20, 2026, if Scenario 2 is carried forward.

Task 11. IF REQUIRED, SEA TURTLE SUMMARY REPORTING (second dredging season)

The Contractor shall submit a monthly report, including applicable data listed in Table 2, to USACE for review on the 10th of each month.

The monthly reports shall be summarized into a draft report. The draft report is to be submitted to USACE for review within 30 calendar days of the end of each survey/nest monitoring period (per Scenario 2 construction schedule). The data shall be reported and analyzed in Range monument reach lengths along the beach (i.e., 01-02, 02-03, 03-04, 04-05, etc. for each dredging season that is required). Within 14 days of receiving the draft report, USACE will submit comments to the Contractor. The report shall be finalized into a final report that will address

USACE review comments, if any, and be submitted to USACE 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 2, Sea turtle monitoring following dredging activity (see Attachment 2, 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 shall provide to USACE one (1) electronic copy of both the draft and final reports. All documents provided 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.

Task 12. IF REQUIRED, SHOREBIRD NESTING SURVEYS AND SURVEY REPORTING (second dredging season)

The Contractor shall report the outcome of each daily shorebird survey to the COR via email weekly during construction and monthly post-construction (unless nesting shorebirds are documented in the construction area; then report immediately), including locations of any protected birds, breeding activity, or flightless chicks, if seen. The

Contractor shall submit a final report by September 15, 2026, in the case of Scenario 2, after shorebird nesting season has ended. Any additional submittals shall be consistent with the FDEP JC Permit.

The Contractor shall perform shorebird surveys during construction for every dredging season required, from approximately April 1, 2026, through July 15, 2026 (Scenario 2) if no nesting activity is documented or through

September 1, 2026 (Scenario 2) if nesting activity is documented. Nesting Shorebird Surveys shall be performed, and submittals made in compliance with the Florida Department of Environmental Protection (FDEP) JC permit.

Daily morning shorebird surveys shall also be conducted from the beginning of the Brevard County nesting season

(April 1) until construction has been completed (approximately April 30th, 2026, for the 2nd dredging season) to detect any breeding activity or flightless chicks in the construction area prior to each day’s construction activities.

If a 2nd dredging season is required (Scenario 2), the Contractor shall conduct weekly shorebird surveys through July

15, 2026, if no nesting activity is documented or until September 1, 2026, if nesting activity is documented.

Shorebird surveys may be conducted via ATV at a low speed by an experienced shorebird surveyor who is familiar with bird identification, and the surveyor’s equipment will be utilized for the surveys. The outcome of each survey shall be reported via email, including locations of any protected birds, breeding activity, or flightless chicks, if seen.

The Contractor shall work with the FWC to establish an appropriate buffer zone in the event of any shorebird nesting activity or flightless chicks.

EXHIBIT A

PERFORMANCE REQUIREMENTS SUMMARY

Performance Objective Standard Performance

Threshold

Method of

Surveillance

PRS # 1 and #2 (1st Dredging Season) and

PRS # 7 and #8 if a 2nd Dredging Season is required.

The Contractor shall monitor for sea turtle nests and relocations.

2015 SPBO (Attachment 2), and FDEP Permit

(Attachment 1)

Zero deviation from standard.

Periodic

Surveillance.

PRS # 2 (1st Dredging Season) and PRS # 8 if a 2nd Dredging Season is required.

The Contractor shall monitor for nest excavation and evaluation.

PRS # 3 (1st Dredging Season) and PRS # 9 if a 2nd Dredging Season is required.

The Contractor shall monitor for escarpments and compaction measurements.

PRS #4 (1st Dredging Season) and PRS # 10 if a 2nd Dredging Season is required.

The Contractor shall conduct two artificial lighting surveys.

PRS #5 (1st Dredging Season) and PRS # 11

Sea Turtles: A monthly and a final report will be submitted.

Meet the delivery schedule on time

Shall meet the schedule

98%

PRS #6 (1st Dredging Season) and PRS # 12

Daily shorebird surveys shall be reported to the COR via email weekly during construction and monthly post-construction (unless nesting shorebirds are documented in the construction area; then report immediately) and a final report will be submitted by September 15, 2025 (1st dredging season) and September 15, 2026 (if 2nd dredging season is required) following the completion of construction, via email.

2015 SPBO (Attachment 2), and FDEP Permit

(Attachment 1)

Zero deviation from standard.

EXHIBIT B

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/

Format Submit To

MONTHLY REPORTING FOR

CSBP VI Fill Area (refer to Task

2 for 1st Dredging Season, and

Task 8 if 2nd Dredging Season is required):

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

A monthly report will be submitted to USACE for review on the 10th of each month during the survey periods.