Res 2022-056R/Authorizing a Change in Service to the agreementwith Scheibe consulting cont-218-72 providing additional costruction

Home Browse Search

EXHIBIT 1 CITY OF SAN MARCOS BLANCO GARDENS DRAINAGE IMPROVEMENT PROJECT CHANGE IN SERVICES FOR ADDITIONAL CONSTRUCTION PHASE SERVICES SCOPE OF SERVICES Basic Scope of Services I. Construction Phase Relocation of Aquatic Dependent Wildlife: It is our understanding that the proposed project is subject to Texas Parks and Wildlife Department's (TPWD) Kills and Spills Team Regulations which require relocation of aquatic dependent wildlife as part of the construction operation due to dewatering activities associated with the installation of cofferdams. Utilizing the Texas Freshwater Mussel Survey Protocol distributed by TPWD in October 2021, the project is anticipated to qualify as a Group 1 Stream. The following limits will be utilized throughout the scope including, the salvage area to include the area of direct impact/work within the water, the upstream buffer (USB) to include a 50m buffer upstream of the Area of Direct Impacts (ADI), the downstream buffer (DSB) to include a 100m buffer downstream of the ADI, and a lateral buffer (LB) to include a 10m buffer stream ward of the ADI. These limits will be included in the scope specified below. To satisfy TPWD and USFWS requirements, CMEC will prepare an Aquatic Resource Relocation Plan (ARRP) and apply for a Permit to reintroduce aquatic wildlife to state waters (PWD 1019-T3200 (8/11)) according to current TPWD guidelines and utilizing the most current Agency forms. CMEC anticipates that submittal of the ARRP and Introduction Permit Application for state review will occur at least 30 days prior to planned survey and relocation activities. The ARRP will include Fish and Shellfish Handling Protocols, Best Management Practices to Prevent or Minimize Aquatic Invasive Species Transfer, and specific information on the proposed relocation site. Several freshwater mussel species are proposed for listing on the Threatened and Endangered Species List and protection under the Endangered Species Act. CMEC assumes that the work will be completed before this anticipated listing. Therefore, this scope does not provide for mussel salvage activities that would be required should the species become listed prior to the completion of these activities. A. Phase I Mussel Survey Effort: This task will occur prior to in -water construction work and assumes that wadable stream protocols will be appropriate through the majority of the survey area; however, this scope of services includes a contingency for SCUBA use in non -wadable areas. CMEC will locate a single viable relocation site using aerial imagery and field verified by a pedestrian reconnaissance survey. CMEC will consult with the TPWD Kills and Spills Team during the preparation of the ARRP. During the ARRP process, Once the ARRP and Permits are approved the proposed work can be conducted based on the parameters set forth in the written agreement between TPWD and CMEC. Phase I will include a semi -qualitative freshwater mussel presence/absence survey within the limits of the survey area (as defined above). CMEC will perform the semi -qualitative survey and will relocate all mussels (excluding federally listed individuals) within the survey area utilizing the TPWD/USFWS Phase I methodology (TPWD 2021). CMEC will provide qualified and permitted biologists for this effort. If during the Phase I effort, federally listed mussel species are encountered, or the project meets at least one of the three Phase II triggers, the project will move to Phase II survey efforts as detailed below. Following completion of Phase I effort, CMEC will proceed directly to Phase II survey and relocations, if required. B. Phase II Mussel Survey Effort (if needed): Quantitative sampling will be conducted in cells that meet at least one of the three Phase II triggers. The Quantitative sampling (Phase II work) shall consist of excavating 0.25 m2 quadrats using a systematic, three random start methodology like that described in the Guide to Sampling Freshwater Mussel Populations (Strayer and Smith, 2003). Substrate shall be excavated to a depth of 15 cm (6in) or hardpan. The material shall be collected and taken to the surface and