Agmt12 Infrastructure Engineering Corporation

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feet of the work area (if feasible) will be surveyed for raptors, and all trees and shrubs within 50 feet of the work area (if feasible) will be surveyed for other birds, with attention to any trees or shrubs that will be removed or directly disturbed by project activities. If more than 5 -days elapse between the initial nest search and the start of construction related activities, it is possible for new birds to move into the nest survey area and begin building a nest and another nest survey will need to be completed. If an additional survey is needed, MIG will provide notice and request an amendment to the budget. A nesting bird survey form will be completed for each site visit and retained by MIG to document site visits. A summary report, including documentation of the site visits, will be provided for review by the City, as appropriate. An active nest is defined as a nest having eggs or chicks present. If active nests are not present, construction can take place as scheduled; otherwise, MIG will complete the steps in Subtask 2, below. Subtask 2. Nest Buffers and Monitoring (Contingency Task) If an active nest is discovered, MIG will establish a buffer around the nest in consultation with the California Department of Fish and Wildlife. The avoidance buffer is based on the nest location, topography, cover and species' tolerance to disturbance. Construction can occur outside of the nest buffer. Nest monitoring will continue once per week during project -related construction work until the young have fully fledged, are no longer being fed by the parents and have left the nest site. Then the buffer can be removed. An active nest survey form will be completed for each site visit and retained by MIG to document site visits. A summary report, including documentation of the site visits, will be provided for review by the City, as appropriate. The budget assumes fifteen site visits to account for the potential for multiple nest establishment in vegetation on the project site, the length of time it could take each bird to finish nesting, and one hour for CDFW consultation. If additional site visits or consultation are necessary, MIGwill provide notice and request a budget amendment prior to performing such services. Subtask 3. Bat Roost Survey MIG will conduct a preconstruction survey for bats within 14 days prior to the planned start of project ground -disturbing activities. The budget includes one site visit prior to the start of construction activities. All suitable habitat features within 250 feet of the work area will be assessed and surveyed (if feasible), which may include tree cavities, crevices, exfoliating bark, bark fissures, and abandoned structures. If bats or evidence of roosting behavior are found, MIG will consult with CDFW regarding appropriate buffers or passive bat removal methods. MIG's scope of work does not include the removal of bats. If bat removal is needed, MIG will prepare an additional scope of work and budget for passive bat removal. A memo documenting the results of the survey will be prepared for review by the City, as appropriate. Page 10 of 23 REV: 08.16-17 PR ATTY/AGR.Amendment No. 1/Infrastructure Engineering Corporation - CA Tank