Professional Consultant Services Page 1 of 21
Rev 5/25
1 2
5 8
6 AGREEMENT WITH MONTROSE ENVIRONMENTAL SOLUTIONS, INC.
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
PERMITTING SUPPORT FOR CITYWIDE CREEKS MAINTENANCE PROGRAM This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and MONTROSE ENVIRONMENTAL SOLUTIONS, INC., a C Corporation (“CONSULTANT”), whose address is 1 Kaiser Plaza, Suite 340, Oakland, CA 94612.
RECITALS:
A. CITY desires certain professional services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these professional services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
Professional Consultant Services Page 2 of 21
Rev 5/25
1 2
5 8
6 CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of this agreement and be completed on June 30, 2027.
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount of $331,987 pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.
SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.
Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.
SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
Professional Consultant Services Page 3 of 21
Rev 5/25
1 2
5 8
6 SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.
SECTION 12 - INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.
SECTION 13 - NON-ASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
Professional Consultant Services Page 4 of 21
Rev 5/25
1 2
5 8
6 SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
Professional Consultant Services Page 5 of 21
Rev 5/25
1 2
5 8
6 SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Sven Edlund
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Montrose Environmental Solutions, Inc.
Attn: Ken Schwarz
1 Kaiser Plaza, Suite 340
Oakland, CA 94612
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
Professional Consultant Services Page 6 of 21
Rev 5/25
1 2
5 8
6 SECTION 23 - CONFLICTS
In the event of any conflict between the provisions of this Agreement and any other referenced exhibit or document attached to this Agreement, the language and terms of this Agreement shall control.
SECTION 24 - AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
Professional Consultant Services Page 6 of 21
Rev 5/25
1 2
5 8
6 Professional Consultant Services Page 7 of 21
Rev 5/25
1 2
5 8
6 IN WITNESS WHEREOF, CITY OF SAN MATEO and MONTROSE ENVIRONMENTAL SOLUTIONS, INC. have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry, PE
Public Works Director
Date Ken Schwarz, PhD
Its Authorized Agent
Principal
If a Corporation, can be either 1)
President or 2) Vice President
plus an additional corporate
officer (i.e., Secretary, Treasurer)
who shall sign below.
Date
APPROVED AS TO FORM ADDITIONAL CORPORATE
OFFICER
(if necessary per the above)
Linh P. Nguyen
Assistant City Attorney
Date Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
Professional Consultant Services Page 7 of 21
Rev 5/25
1 2
5 8
6 Professional Consultant Services Page 8 of 21
Rev 5/25
1 2
5 8
6 EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide the City of San Mateo with services related to obtaining all applicable Routine Maintenance Agreements and permits with regulatory agencies, including, but not limited to the U.S.
Army Corps of Engineers (USACE), the Regional Water Quality Control Board (RWQCB), and California Fish and Wildlife (CDFW). Permits shall provide coverage allowing for maintenance activities performed by the City at public waterways and by property owners of private creeks.
At a minimum, all Proposers shall submit a proposal responding to the entire Scope of Services.
However, Proposers may recommend changes and include alternatives to the Scope of Services if (1) additional tasks are required by laws or regulations, (2) tasks below are not specifically required by laws or regulations, or (3) tasks below can be modified to meet the City’s above-stated objectives.
A.Project Management.
This task includes but is not limited to:
Developing and maintaining a master project schedule, including timelines for review of major deliverables
Leading a kick-off meeting as well as regularly scheduled meetings, including preparation of agendas and meeting minutes, to introduce the project strategy and schedule, and update the City on progress for key milestones
Preparing monthly progress reports and invoices
Coordinating the project team, including staff and subconsultant firms, and managing all work Monitoring all project activities and implementing quality assurance and quality control protocols and standards
Assembling and maintaining project files within a file sharing service that includes all documentation and data resulting from, or related to, the Consultant’s services for the project, including, but not limited to, survey files, documented assumptions, working drawings, meeting minutes, all correspondence, video libraries, etc.
Attending meetings with regulatory agencies, as necessary, to introduce or resolve items related to permitting
Anticipated Deliverables:
Project Schedule
Progress Reports
Meeting Minutes
B.Prepare Supporting Documents (Environmental Assessments, Biological Resources, Citywide Creeks Maintenance Plan, etc.).
This task includes, but is not limited to:
Professional Consultant Services Page 9 of 21
Rev 5/25
1 2
5 8
6 Preparing Environmental Assessments and Studies as required for the California Environmental Quality Act (CEQA) determination including but not limited to:
i. Biological Resources Study
ii. Mitigation Plan
iii. Cultural Resources Assessment
Preparing a Citywide Creeks Maintenance Plan (CMP) that provides details for how maintenance activities will be conducted at locations with similar issues (dense vegetation growth, erosion scouring the creek bank, sediment removal). The CMP will describe the methods/BMPs used in performing the work consistent with permit requirements. The CMP will also provide criteria for determining when mitigation is required as part of the maintenance action. The CMP should additionally establish criteria for what would constitute an “emergency situation” (as defined in USACE Regional General Permit No. 5 [RGP-5]) that would involve conducting maintenance actions prior to obtaining the permit or actions outside the permit requirements.
Preparing a draft Project Description, consistent with the requirements of CEQA Guideline Section 15124, which will form the basis from which to engage resource agencies, initiate impact evaluations, and to prepare permit applications. Preparing a draft Initial Study/Mitigated Negative Declaration (IS/MND) or Environmental Impact Report (EIR), depending upon what may be appropriate based on consultant’s review of the intended maintenance work discussed in Exhibit A, Table 1 and other typical routine maintenance work for creeks and channels.
Preparing a draft Response to Comments. Addressing comments from City staff on draft deliverables prepared as part of this Task.
Preparing all draft and final notices as required (Notice of Intent, Notice of Completion, Notice of Determination, etc).
Anticipated Deliverables:
Draft and Final Project Description
Draft and Final IS/MND or EIR
Draft and Final Response to Comments
Draft and Final Biological Resources Study and any other Technical Studies as may be required as supporting documents to support the regulatory permitting. Draft and Final Creeks Maintenance Plan
C.General Citywide Creek Maintenance Permit Application.
This task includes preparing and submitting the permit application materials for a programmatic general permit that allows City staff to perform maintenance activities at multiple locations at creeks and channels citywide in accordance with the CMP for a period of five years. The permit will allow the City to maintain priority locations described in Exhibit A, Table 1 as well as other Professional Consultant Services Page 10 of 21
Rev 5/25
1 2
5 8
6 maintenance needs as they arise. This task includes preparing cover letters, filling out required forms, and preparing permit application packages including any required documentation for the following permits:
Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification permit US Army Corps of Engineers (USACE) Section 404 permit
California Department of Fish and Wildlife (CDFW) 1602 Lake and Streambed Alteration (LSA) Agreement
Others as may be identified by the consultant which are necessary to permit routine maintenance work.
Additional agencies may need to be contacted to confirm they do not have interests or jurisdiction for these projects (e.g. Bay Conservation & Development Commission, State Tidelands Commission, and the United States Fish and Wildlife Service). Consultant will prepare a draft permit package for City review for each of the above listed permits and agreements.
Anticipated Deliverables:
Draft and Final RWQCB Section 401 permit package
Draft and Final USACE Section 404 permit package
Draft and Final CDFW 1602 LSA permit package
Others as may be identified by the consultant which are necessary to permit routine maintenance work.
D.Project-Specific Permit Application: 16 th Ave Channel.
The 16th Avenue Channel is identified as a priority maintenance location and the City desires to expedite maintenance work along a segment of this channel. With that goal in mind, the City would like to consider submission of a separate, stand-alone maintenance permit application specific for this project. This task includes preparation of the regulatory applications to allow maintenance to occur sooner at the 16th Avenue Channel. This segment has an abundance of Giant Reed (Arundo donax) growth that obstructs water flow. Flowing eastward, this channel eventually becomes Leslie Creek, which feeds into the Marina Lagoon and ultimately drains into the San Francisco Bay.
Anticipated Deliverables:
Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification permit
US Army Corps of Engineers (USACE) Section 404 permit
California Department of Fish and Wildlife (CDFW) 1602 Lake and Streambed Alteration (LSA) Agreement
Professional Consultant Services Page 11 of 21
Rev 5/25
1 2
5 8
6 E.Prepare Electronic Guidance for Property Owners of Private Creeks.
An electronic guide document for Creekside homeowners with practical information regarding proper care, preventative maintenance, and if necessary, restoration of their creek bank. This would be targeted for creeks which are privately owned and maintained. The guide should provide the following:
Provide clear direction/guidance for what maintenance activities are permissible and what are not in accordance with the permit.
Define the physical areas of the creek that define the limits of the maintenance actions (creek channel, riparian corridor, upland area).
Inform owner the need for permits from multiple regulatory agencies for most creek maintenance activities and how to apply for a permit prior to any vegetation/sediment removal or bank stabilization work.
Pruning of vegetation and limits on removal of trees.
Inform homeowners about causes and effects of erosion. Guidance for both preventing erosion and acceptable methods for stabilizing a bank experiencing erosion.
The guidelines should be consistent with City permit conditions. Provide homeowners with agency contacts and available resources.
F.Emergency Event Permitting Guidance.
Prior to obtaining the Citywide Creeks Maintenance Permit, a storm event may be forecasted likely having the potential to cause significant flood damage at one or more of the priority maintenance locations. Using the decision criteria from the Creek Maintenance Plan (Task B) the City would determine whether an event qualifies as an emergency situation and would decide to act proactively and take action. For this task, the City seeks guidance from the consultant in identifying what documentation, photographic evidence, and reporting requirements are needed during and following the maintenance action in order to meet permit conditions as an emergency situation under the USACE Regional General Permit 5 (RGP-5).
The guidance should be comprehensive to all the tasks that may be necessary to support a retroactive permit, which may include but not limited to:
Notification of Regulatory Agencies:
oUSACE District Engineer
oCalifornia Department of Fish and Wildlife (CDFW)
oRegional Water Quality Control Board (RWQCB)
San Mateo County Environmental Health Department Required Documentation oMaintenance Action Report
Professional Consultant Services Page 12 of 21
Rev 5/25
1 2
5 8
6 oEnvironmental Impact Assessment
oPost-Action Monitoring Plan
Permit Application:
oRGP-5 Application:
oNotice of Intent
oIncluding other regulatory agencies permit applications.
Anticipated Deliverables:
Memorandum summarizing criteria which could warrant emergency action, and what notifications, documentation, and permits are necessary following an emergency action in a creek or channel.
Professional Consultant Services Page 12 of 21
Rev 5/25
1 2
5 8
6 Professional Consultant Services Page 13 of 21
Rev 5/25
1 2
5 8
6 EXHIBIT A, TABLE 1
PRIORITY MAINTENANCE LOCATIONS AND ACTIVITIES
Priority Maintenance
Location
Latitude Longitude Channel
Type
Maintenance
Need
Work Description Maintenance
Frequency
High 40th & 41st
(The Ducks)
37.533908 -122.289191 Natural Vegetation
management
Vegetation removal on both
banks. Remove vegetation to
reduce hydraulic roughness and
increase conveyance capacity.
1-2x/yr
High 40th & 41st
(The Ducks)
37.533908 -122.289191 Concrete Sediment
removal
Remove 6-12 inches of sediment
from right culvert and 2 feet from
left culvert. Remove sediment
accumulated along interior
channel bend as needed.
Maintain after initial sediment
removal.
1x/2-3 yr
depending on
storm activity
High Laurel Creek
@ 39th/40th
Ave
37.534922 -122.289212 Concrete Sediment and
vegetation
removal
Sediment/gravel accumulation
100-200 ft long, 5-15 ft. wide,
approximately 2-3 ft deep in
concrete channel. Approx 75 CY
of material to remove.
Equipment to include mini
excavator, large excavator,
tracked bobcat, and multiple
dump trucks Access road also
requires mowing and scraping.
1x – then
annual
inspection
High 19th Ave
Channel/
Pacific Blvd
37.550556 -122.308067 Concrete
bank and
bottom
Sediment and
vegetation
removal
Accumulated sediment and
debris have reduced conveyance
capacity in the concrete channel
and caused localized flooding and
property damage (January 2023).
Channel work location is within
CalTrain ROW and access is
limited to 3 gates in the fencing.
1x/year
depending on
storm activity
Professional Consultant Services Page 14 of 21
Rev 5/25
1 2
5 8
6 Priority Maintenance
Location
Latitude Longitude Channel
Type
Maintenance
Need
Work Description Maintenance
Frequency
An excavator with an extended
boom cannot be used due to the
electrical wires overhead for the
train. The only feasible method
requires operating a Bobcat in
the channel to move material to
the 3 access gates. If necessary,
water would be diverted from
the channel prior to Bobcat use,
material would be collected by
short-boom excavator positioned
at the access gate, transferring
material to dump trucks and
transported off-site. Work will
remove rock/gravel accumulation
from approx. 14,000 sq ft of
concrete channel (1,400 ft long
by 10 ft wide).
High Otay (Laurel
Creek)
37.538733 -122.291324 Open
Channel
Rock and
gravel, and
random
vegetation
Sediment removal and
vegetation as needed. Additional
things to consider: Fix bank (get
credit), log crib wall (resistant),
toe rock, boulder/soil lifts,
compacted earth.
2–6-year clear
channel; 4-6
years clear
out culvert.
High Dalehurst
Dam
(East Laurel
Creek Dam)
37.5251 -122.312253 Earthen
channel
within
basin
Sediment/gra
vel AND
Vegetation
removal
Sediment/gravel and vegetation
removal. Especially in front of
trash rack. Need to re-create
channel in center of channel.
Everything can be done from
TOB.
1x/year
Professional Consultant Services Page 15 of 21
Rev 5/25
1 2
5 8
6 Priority Maintenance
Location
Latitude Longitude Channel
Type
Maintenance
Need
Work Description Maintenance
Frequency
High Laurelwood
Dam Trash
Rack
37.52679 -122.319555 Earthen
channel
within
storm
basin
Sediment
removal
Laurelwood Dam is a stormwater
basin that regulates downstream
runoff during storms to prevent
flooding. Accumulated sediment
and debris in trash rack restricts
outflows causing higher water
levels in basin and increasing risk
of spillway activation which
would cause downstream
flooding. A long-boom excavator
will operate from above the
channel to sediment and debris
from trash rack. Material inside
trash rack will be removed by
hand with shovels. The work
area is approx. 20 ft by 40 ft. (800
sq ft). Work will only be
conducted during low flow and
dry periods. A silt fence will be
placed across the channel
immediately downstream of the
work area to prevent sediment
transport during the work.
Support wall by trash rack is
eroding away and requires
repair.
1x/2-3yr
depending on
storm activity
High San Mateo
Creek under
3rd Ave
overpass
37.569447 -122.317143 Earthen
modified
channel
Sediment and
vegetation
removal
Sediment and vegetation
removal at culvert crossing due
to reduced capacity. Potential
opportunity to partner with One
Shoreline.
1x/2-3 yrs
depending on
storm activity
Professional Consultant Services Page 16 of 21
Rev 5/25
1 2
5 8
6 Priority Maintenance
Location
Latitude Longitude Channel
Type
Maintenance
Need
Work Description Maintenance
Frequency
High Poplar Golf
Course
37.58074 -122.32399 Concrete
channel
Overgrown
vegetation at
concrete
portion
Vegetation removal to end of
concrete channel portion
1x/yr
Medium Coyote Trash
Rack
37.587363 -122.332169 Engineer
ed basin
Sediment and
vegetation
removal
Vegetation (arundo) and
sediment removal. Vegetation
management from TCD to pump
station. Need to create access
road to reach work site.
1x/year
Medium Serra HS
Trash Rack
and Culvert
37.544782 -122.319307 Modified
earthen
channel
with
riprap
banks
Sediment and
vegetation
removal
Sinkhole upstream of Alameda de
las Pulgas Rd. generated
abundant sediment which
deposited in road culvert and
area downstream that is
upstream of the Serra HS trash
rack. Conveyance capacity in
culvert is greatly reduced, only 1
ft of available conveyance depth.
Work would excavate
accumulated sediment and
create an “instream basin”
downstream of culvert to collect
additional eroded material
expected to deposit. Sediment
and vegetation at trash rack and
upstream would be removed. A
long reach excavator from the
top of bank will be used. A
vactor truck from top of bank will
also be used to remove material
inaccessible by the excavator.
1x/2-3yr
depending on
storm activity
Professional Consultant Services Page 17 of 21
Rev 5/25
1 2
5 8
6 Priority Maintenance
Location
Latitude Longitude Channel
Type
Maintenance
Need
Work Description Maintenance
Frequency
Work will remove approx. 10-20
cubic yds of sediment and
vegetative debris from approx.
800 sq ft of channel area.
Low Arroyo Ct 37.563174 -122.327154 Earthen
modified
channel
Sediment and
vegetation
removal
Vegetation pruning and removal
at targeted choke points.
Additional sediment removal at
targeted locations to increase
conveyance capacity. Approach
is constrained due to opposite
constructed streambank at
apartment complex.
1x then
monitoring
Low La Casa 37.523351 -122.302917 Natural
creek
Vegetation
management
Vegetation removal to remove
channel blockage and increase
conveyance capacity.
1x then
monitoring
Low Norton St.
(Soundwall)
37.566102 -122.308229 Earthen
modified
channel
Vegetation
management
Vegetation clearing and flap gate
replacement/repair
1x/year
Professional Consultant Services Page 18 of 21
Rev 5/25
1 2
5 8
6 Priority Maintenance
Location
Latitude Longitude Channel
Type
Maintenance
Need
Work Description Maintenance
Frequency
Low Airport Blvd
Trash Rack
37.586219 -122.330424 Construct
ed trash
rack
Vegetation
management
Overgrown cattails to be
removed from uplands adjacent
to channel, and not in Caltrans
jurisdiction
1x then
monitoring
Table 2. Project-Specific Permit Application: 16th Ave Channel Priority Maintenance
Location
Latitude Longitude Channel
Type
Maintenance
Need
Work Description Maintenance
Frequency
High 16th Avenue
Channel at S.
Delaware St.
37.556667 -122.309635 Concrete
bank/Natural
Vegetation
management
Work would remove 3,800 sq ft
of vegetative growth from the
channel below the concrete
channel. Vegetation would be
pulled by the roots due to
overgrowth in susceptible flood
zone. A long-boom excavator
from the top of southern bank
would remove ALL vegetation
and debris from the waterway,
not disturbing the
embankments, the material
would be transferred to dump
trucks for proper disposal. NO
sediment/gravel excavation
from the channel is planned,
material removed will be
disposed of as green waste.
1x/yr
repeating
Professional Consultant Services Page 18 of 21
Rev 5/25
1 2
5 8
6 Professional Consultant Services Page 19 of 21
Rev 5/25
1 2
5 8
6 EXHIBIT B
FEE RATES
Professional Consultant Services Page 19 of 21
Rev 5/25
1 2
5 8
6 Professional Consultant Services Page 20 of 21
Rev 5/25
1 2
5 8
6 EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Professional Consultant Services Page 21 of 21
Rev 5/25
1 2
5 8
6 Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.