Scope of Work
The scope of work will include the following tasks:
1. Plan/Site Review and Client Team Communications. Review of preliminary Project plans for the project relative to current and previous site conditions and a site inspection. This task also includes ongoing coordination and communications with McGuire and Hester and City staff.
2. Preparation and Completion of Environmental Permit Applications a. U.S. Army Corps of Engineers (USACE). The project qualifies for authorization under a CWA Section 404 Nationwide Permit #33 – Temporary Construction, Access, and Dewatering. The Terraphase Team will coordinate with USACE and prepare a completed permit application for the tree and bridge removal.
b. Regional Water Quality Control Board (RWQCB). The Terraphase Team will prepare an application for Section 401 Water Quality Certification authorization from the RWQCB. This task will include addressing the current requirements (as of September 2020) to submit a “pre-filing meeting” request a minimum of 30 days prior to the submittal of the formal applications. The Water Quality Certification application will require a permit fee that is calculated based on the total amount of area impacted by the project. Terraphase will calculate the fee amount for payment by the City. This proposal assumes that no Alternatives Analysis for the tree and bridge removal would be required. c. California Department of Fish and Wildlife (CDFW). The Terraphase Team will complete and submit the application for a Section 1602 Streambed Alteration Agreement.
Terraphase will require an estimate of the project implementation costs from the City or project engineer in order to determine the application fee for payment by the City. d. Agency Coordination. Terraphase will provide up to 20 hours of the project manager’s time for coordination with and responding to comments by the regulatory agencies and to support coordination with EBMUD regarding potential Chabot Dam releases to San Leandro Creek.
3. Biological Assessment. The Terraphase Team will prepare both a Section 7 Biological Assessment for federally listed species protected by the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service and a biological resources supplemental report for other specialstatus species that are protected by CDFW. The Biological Assessment and supplement will provide a general description of riparian habitat at the project site, identify the wildlife that is likely to be present, and present information on special-status species found in the area. This description will include information on vegetation present and the extent of USACE/RWQCB jurisdiction at and within 50 feet both upstream and downstream of the tree/bridge removal area.
4. Jurisdictional Delineation. The Terraphase Team will measure the extent of USACE/RWQCB jurisdiction at and 50 feet upstream and downstream of the fallen tree and bridge. The Terraphase Team will prepare a figure showing the top of bank and ordinary high-water mark (OHWM) of the creek.
5. Monitoring and Maintenance Plan. The Terraphase Team will prepare a Monitoring and Maintenance Plan (MMP) as required by the RWQCB that will include mitigation plants and a native seed mix that will be planted/seeded at the site once the work is complete. The MMP will include a monitoring plan and performance criteria for plant survivorship and vegetation cover.
6. CEQA Categorical Exemption Support (optional task). Prepare a CEQA NOE for the project, including:
o A brief description of the Project;
o A finding that the project is exempt, including a citation that references the CEQA Guidelines or Statutory section under which it is found to be exempt; and o A brief statement of reasons to support the finding.
o File the NOE with the County Clerk’s office. While this action is not required, we recommend that this be done in order to limit the allowable time to protest the exemption to 35 days from the 180-day statute of limitations. A copy of the 180-day County’s receipt stamp will be provided.
o Notice of Exemption (NOE) filing is not required, however, filing of a NOE begins a 35-day statute of limitations on legal challenges to the Lead Agency’s decision that the project is exempt from CEQA. If a NOE is not filed, a 180-day statute of limitations applies. o This scope of work assumes that a NOE will be the appropriate CEQA document for the Project, however, in the event that the project plans indicate that an Initial Study is required, a separate proposal will be required.
7. Biological Monitoring During Construction
a. Submittals to California Dept of Fish and Wildlife
b. Pre Construction surveys for bats and special status species c. On site training for construction personnel
d. On site monitoring for up to 10 days
e. Documentation of pre and post construction conditions
8. Biological Monitoring Revised Construction Schedule
a. Redo Pre Construction surveys for bats and special status species b. On site monitoring for up to 5 days in addition to the days in Task 7 Fee
Task Fee
1 $6,756
2 $26,226
3 $10,728
4 $8,538
5 $8,393
6 $4,651
allowance $4,651
subtotal orig contract $69,943
7 $23,570 Amendment 1
8 $15,140 Amendment 2
Total $108,653