HomeMy WebLinkAboutAgenda Packet - CC - 2025.09.15 Regular MeetingCity Council
City of Burlingame
Meeting Agenda
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
Council Chambers/Zoom/Milwaukee, Wisconsin7:00 PMMonday, September 15, 2025
Councilmember Colson will be appearing at this meeting remotely from:
The Pfister Hotel
Business Center
424 East Wisconsin Avenue
Milwaukee, WI 53202
To Attend the Meeting in Person:
Council Chambers, 501 Primrose Road, Burlingame, California 94010
To Attend the Meeting via Zoom:
Consistent with Government Code Section 54953, the meeting will also be held via Zoom.
To access the meeting by computer:
Go to www.zoom.us/join
Meeting ID: 885 6975 7566
Passcode: 597185
To access the meeting via phone:
Dial 1-669-900-6833
Meeting ID: 885 6975 7566
Passcode: 597185
To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a "Request to Speak" card located on the
table by the door and then hand it to staff. The provision of a name, address, or other identifying
information is optional. Speakers are limited to three minutes each, but the Mayor may adjust the time
limit in light of the number of anticipated speakers.
To Provide Public Comment via Email:
Members of the public may provide written comments by email to publiccomment@burlingame .org. Your
email should include the specific agenda item on which you are commenting. Please note if your
comment concerns an item that is not on the agenda. Emailed public comments that are received by
4:00 p.m. on Monday, September 15, 2025, will be included in a supplemental packet that will be sent to
the City Council prior to the meeting and published on the City’s website here:
https://www.burlingame.org/169/City-Council---Agendas-and-Minutes
Page 1 City of Burlingame Printed on 9/11/2025
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September 15, 2025City Council Meeting Agenda
Levine Act
The Levine Act (California Government Code Section 84308) prohibits, in certain cases, campaign
contributions to members of the City Council by those who have proceedings (e.g., applications for land
use and other entitlements, contracts, etc.) pending before the City Council and by those who may have
an interest in proceedings (including those acting as agents for applicants or potential contractors ).
Moreover, the Levine Act may require disclosure of contributions by such individuals. The law is
complex, and this brief description is not legal advice. If you or an agent have made any campaign
contributions to a City Councilmember in the 12 months before a proceeding in which you have an
interest or you are contemplating making a contribution within the 12 months after such a proceeding,
you are urged to review the Levine Act and consider consulting an attorney. A 2023 version of the Levine
Act and a Fair Political Practices Commission summary of it can be found here:
https://www.burlingame.org/1206/Levine-Act-Information
1. CALL TO ORDER - 7:00 p.m. - Council Chambers/Zoom/Wisconsin
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
4. REQUEST FOR AB 2449 REMOTE PARTICIPATION
Announcements/consideratoin and approval of requests by City Councilmembers to participate remotely
pursuant to AB 2449 (government Code Section 54953(f)).
5. REPORT OUT FROM CLOSED SESSION
6. UPCOMING EVENTS
7. PRESENTATIONS
Update from the Burlingame Neighborhood Network (BNN)a.
8. PUBLIC COMMENTS, NON-AGENDA
Members of the public may speak about any item not on the agenda. Members of the public wishing to
suggest an item for a future Council agenda may do so during this public comment period. The Ralph M .
Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter
that is not on the agenda.
9. APPROVAL OF CONSENT CALENDAR
Consent calendar items are usually approved in a single motion, unless pulled for separate discussion .
Any member of the public wishing to comment on an item listed here may do so by submitting a speaker
slip for that item in advance of the Council’s consideration of the consent calendar.
Approval of City Council Meeting Minutes for the September 2, 2025 Closed Sessiona.
Meeting MinutesAttachments:
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September 15, 2025City Council Meeting Agenda
Approval of City Council Meeting Minutes for the September 2, 2025 Study Sessionb.
Meeting MinutesAttachments:
Approval of City Council Meeting Minutes for the September 2, 2025 Regular Meetingc.
Meeting MinutesAttachments:
Adoption of Resolutions Authorizing the City Manager to Execute Professional
Services Agreements with ESA, David J. Powers, ICF, and M -Group for On-call
Planning Services, Each in the Amount of $1,000,000 and for a Five-Year Term
d.
Staff Report
Resolution for David J Powers
Professional Services Agreement - DJ Powers
Resolution for ESA
Professional Services Agreement - ESA
Resolution for ICF
Professional Services Agreement - ICF
Resolution for M-Group
Professional Services Agreement - M-Group
Attachments:
Adoption of a Resolution Accepting the Police Department Roof Replacement Project
by Alcal Specialty Contracting, Inc., City Project No. 86060, in the Amount of $574,066
e.
Staff Report
Resolution
Final Progress Payement
Project Location Map
Attachments:
Adoption of Resolutions Supporting the Submission of Grant Applications for the Old
Bayshore Highway Complete Streets Project and the Peninsula Corridor Multimodal
Complete Streets Improvement Project Under the San Mateo County Transportation
Authority (SMCTA) Measure A & W Highway Program
f.
Staff Report
Resolution - Old Bayshore Highway
Resolution - Peninsula Corridor
Current Conditions and Renderings - Old Bayshore HIghway Complete Streets Project
Project Location Maps - Old Bayshore Highway Complete Streets Project
Project Location Map - Peninsula Corridor Multimodal Complete Streets Improvement Project
Attachments:
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September 15, 2025City Council Meeting Agenda
Adoption of a Resolution Awarding a $443,645.80 Construction Contract to JJR
Construction, Inc. for the Occidental Avenue Bicycle and Pedestrian Improvements,
City Project No. 86650, and Authorizing the City Manager to Execute the Construction
Contract
g.
Staff Report
Resolution
Bid Summary
Construction Contract
Project Location Map
Attachments:
Adoption of a Resolution Authorizing an Amendment to the Director of Public Works
Job Classification
h.
Staff Report
Resolution
Attachment
Attachments:
10. PUBLIC HEARINGS (Public Comment)
Public Hearing and Adoption of a Resolution Approving and Levying the Downtown
Burlingame Avenue Business Improvement District Assessments for Fiscal Year
2025-26
a.
Staff Report
DBID Method of Assessment
Resolution
Attachments:
Adoption of a Resolution Adopting an Amended and Restated Conditional Use Permit
for Enterprise Rent-A-Car Company for a Car Rental, Storage, and Repair Facility
Located at 778 Burlway Road; CEQA Determination: Exempt Pursuant to State CEQA
Guidelines Section 15301 (Class 1 – Existing Facilities);
Adoption of a Resolution Approving an Agreement Between the City of Burlingame and
Enterprise Rent-A-Car Company for Development of the Property at 778 Burlway
Road, and Authorizing the City Manager to Execute the Agreement
b.
Staff Report
Resolution - CUP
Project Plans
Resolution - Agreement
Agreement
Attachments:
11. STAFF REPORTS AND COMMUNICATIONS (Public Comment)
12. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Councilmembers report on committees and activities and make announcements.
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September 15, 2025City Council Meeting Agenda
13. FUTURE AGENDA ITEMS
14. ACKNOWLEDGMENTS
The agendas, packets, and meeting minutes for the Planning Commission, Traffic Safety and Parking
Commission, Beautification Commission, Parks and Recreation Commission, and the Library Board of
Trustees are available online at www.burlingame.org.
15. ADJOURNMENT
Notice: Any attendees who require assistance, a disability related modification, or language
assistance in order to participate in the meeting should contact Meaghan Hassel-Shearer, City Clerk
by 10:00 a.m. on Monday, September 15, 2025 at (650) 558-7203 or at
mhasselshearer@burlingame.org. Any individual who wishes to request an alternate format for the
agenda, meeting notice, or other writings that are distributed at the meeting should contact Meaghan
Hassel-Shearer, City Clerk, by 10:00 a.m. on Monday, September 15, 2025 at (650) 558-7203 or at
mhasselshearer@burlingame.org.
Notification in advance of the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting, the materials related to it, and your ability to comment.
NEXT CITY COUNCIL MEETING
Regular City Council Meeting on Monday, October 6, 2025
VIEW REGULAR COUNCIL MEETING ONLINE
https://www.burlingame.org/169/City-Council---Agendas-and-Minutes
Any writings or documents provided to a majority of the City Council regarding any item on this
agenda will be made available for public inspection via www.burlingame.org or by emailing City Clerk
Meaghan Hassel-Shearer at mhasselshearer@burlingame.org. If you are unable to obtain information
via the City's website or through email contact the City Clerk at (650) 558-7203.
Page 5 City of Burlingame Printed on 9/11/2025
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Agenda Item: 9a
Meeting Date: September 15, 2025
1
BURLINGAME CITY COUNCIL
Unapproved Minutes
Closed Session on September 2, 2025
1. CALL TO ORDER
A duly noticed meeting of the Burlingame City Council was held on the above date in person at 5:16 p.m.
2. ROLL CALL
MEMBERS PRESENT: Brownrigg, Colson, Pappajohn, Stevenson, Thayer
MEMBERS ABSENT: None
3. REQUEST FOR AB 2249 REMOTE PARTICIPATION
There was no request.
4. PUBLIC COMMENTS
There were none.
5. CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(d)(1)
ETZEL WILLIAMS, III ET AL. V. PENINSULA CORRIDOR JOINT POWERS AUTHORITY AKA CALTRAIN,
CITY OF BURLINGAME, ET AL., SAN MATEO COUNTY SUPERIOR COURT CASE NO. 22-CIV-003763
City Attorney Guina reported that direction was given, but no reportable action was taken.
b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(d)(2): ONE CASE
City Attorney Guina reported that a motion to approve the settlement with California River Watched was
made by Vice Mayor Brownrigg; seconded by Councilmember Pappajohn. The motion passed unanimously
by roll call vote, 5-0.
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Agenda Item: 9a
Meeting Date: September 15, 2025
2
c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION
54956.8
PROPERTY: 778 BURLWAY ROAD
AGENCY NEGOTIATOR: CITY MANAGER LISA K. GOLDMAN AND CITY ATTORNEY MICHAEL GUINA
NEGOTIATING PARTIES: CITY OF BURLINGAME AND ENTERPRISE RENT-A-CAR
UNDER NEGOTIATION: PRICE AND TERMS
City Attorney Guina reported that direction was given, but no reportable action was taken.
6. ADJOURNMENT
Mayor Stevenson adjourned the meeting at 5:56 p.m.
Respectfully submitted,
Meaghan Hassel-Shearer
City Clerk
7
Agenda Item: 9b
Meeting Date: September 2, 2025
1
BURLINGAME CITY COUNCIL
Unapproved Minutes
City Council Study Session on September 2, 2025
1. CALL TO ORDER
A duly noticed meeting of the Burlingame City Council was held on the above date in person and via Zoom
at 6:02 p.m.
2. ROLL CALL
MEMBERS PRESENT: Brownrigg, Colson, Pappajohn, Stevenson, Thayer
MEMBERS ABSENT: None
3. REQUEST FOR AB 2449 REMOTE PARTICIPATION
There were no requests.
4. STUDY SESSION
a. STUDY SESSION – VISION ZERO PROJECT UPDATE
DPW Murtuza explained that the City hired Fehr and Peers to assist with the creation of a Vision Zero
Action Plan. He introduced Fehr & Peers’ Principal Dana Weissman.
Ms. Weissman began by explaining that Burlingame’s Vision Zero Action Plan establishes the City’s goal of :
Reaching zero serious injury and fatal collisions on local roadways
Reinforcing the City’s commitment to safer streets.
She noted that the purpose of the Vision Zero Action Plan is to prioritize projects and strategies the City can
advance to help achieve this critical goal.
Ms. Weissman reviewed the three steps in creating a Vision Zero Action Plan:
1. Gather and analyze safety data and community input (winter to summer 2025)
2. Define safety projects and identify safety countermeasures (summer to fall 2025)
3. Prepare safety plan (fall 2025 to winter 2026)
8
Agenda Item: 9b
Meeting Date: September 2, 2025
2
Ms. Weissman reviewed the steps that staff and the consultants had accomplished:
Conducted extensive outreach and engagement efforts throughout the spring and early summer
and reached a wide cross section of the Burlingame community, soliciting valuable input on people’s
safety concerns and desires.
Undertook a robust data collection and analysis process and looked at collision trends, collision hot
spots, and the factors that make a given location more prone to poor safety outcomes.
Ms. Weissman explained that during the summer, her firm conducted its first round of citywide outreach
and engagement for the project. She stated that they focused on soliciting input on safety needs and
desired outcomes. She reviewed the types of outreach conducted including:
Established a project website that has seen nearly 1,500 visits from 900 different people
Hosted an online map-based survey that saw 650 contributions by 250 different people
Hosted two pop-up events: one at the Fresh Market and one at Burlingame High School
Posted public displays and flyers at Burlingame Main Library, the Community Center, and Easton
Library
Promoted the online survey and events through various channels, including Burlingame eNews,
Burlingame Elementary School District Newsletters, Live Play Burlingame, and City social media
accounts
Facilitated two Community Advisory Committee meetings and two Task Force meetings
Ms. Weissman showed a map depicting the feedback the City received from the online map survey. She
noted that the pins on the map show individual comments associated with specific travel modes and that
most of the comments were in regard to the downtown areas of Broadway and Burlingame Avenue, El
Camino Real, California Drive, and Hillside Drive. She reviewed the common themes from the feedback:
Safety for people walking and biking, especially at crossings
Slowing vehicle speeds and improving driver visibility
Need for enforcement and education
Specific location priorities such as schools, downtown, and El Camino Real
Ms. Weissman reviewed a bar chart depicting the number of injury collisions per year in Burlingame:
2020 – 86
2021 – 94
2022 – 112
2023 – 120
2024 – 145
She stated that on average, 86% of the collisions were minor injuries. She explained that 9% of the
collisions resulted in fatalities or serious injuries, and these are the focus of Vision Zero.
Councilmember Colson asked about the number of injury collisions prior to the start of the pandemic. Ms.
Weissman replied that prior to the pandemic, the numbers were equal to today’s numbers.
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Agenda Item: 9b
Meeting Date: September 2, 2025
3
Councilmember Pappajohn asked if they had data for this year. Ms. Weissman replied that the 2025 data is
only provisional.
Ms. Weissman stated that they reviewed the who, when, why, and how of collisions to better understand
the collision trends in Burlingame. She explained that it was determined that while people walking and
biking are involved in 22% of all injury collisions, this group makes up over 50% of serious injur ies and fatal
collisions. She added that the data showed that collisions often ha ppen in late afternoon when travel
activity is high, but serious injury and fatal collisions peak late in the night. She noted that the top collision
factors in Burlingame are unsafe speeds, right -of-way violations, improper turning, and driving under the
influence.
Ms. Weissman stated that in collecting the data, they thought about where collisions occur in two ways:
Collision history – identify specific locations where high concentrations of collisions occurred in the
past
Collision potential – identify locations across the city whose characteristics may make collisions
more likely, regardless of whether or not that location has a history of collisions yet
Ms. Weissman stated that for collision history, they created a High Injury Network map that captured the
20% of City roadways on which 85% of serious injury and fatal collisions were recorded from 2020 to 2024.
She noted that a High Injury Network is a useful tool in safety analysis. She explained that it allows them to
identify the subset of City roadways that experience the highest concentration of collisions. She added that
the High Injury Network doesn’t include El Camino Real because it is owned and operated by Caltrans.
Ms. Weissman explained that for collision potential, they look at what loc ations may be more susceptible
to collisions based on their characteristics such as:
Arterials
Signalized intersections
Areas around schools
Downtown commercial areas
Ms. Weissman stated that after reviewing the data, they looked at how to prioritize safe ty projects. She
explained that they wanted to focus investment on the areas across Burlingame with the highest level of
interest from the community and the highest safety need. She reviewed the three potential focus areas:
1. Corridors that were flagged because of their collision history and their collision potential
2. School Zones due to collision potential and input from the community and project stakeholders
3. Downtown Commercial Zones due to collision potential and input from the community and project
stakeholders
Ms. Weissman discussed potential factors to consider when prioritizing safety projects:
Measured safety need
Community support
10
Agenda Item: 9b
Meeting Date: September 2, 2025
4
Geographic distribution
Quick wins versus long-term impact
Funding competitiveness
Upcoming project coordination
Programmatic strategies to complement infrastructure projects
Ms. Weissman reviewed next steps:
Continue to engage the public and stakeholders
Define and prioritize safety projects and programs
Develop conceptual layouts for a selection of priority projects
Develop the Vision Zero Action Plan
Vice Mayor Brownrigg asked about how Peninsula Avenue is incorporated into the Vision Zero Action Plan
as it is shared with the City of San Mateo. Ms. Weissman replied that Peninsula Avenue is included in the
analysis.
DPW Murtuza stated that the City is coordinating with the City of San Mateo on safety projects for
Peninsula Avenue including a potential $20 million grant.
Vice Mayor Brownrigg stated that while he understands that El Camino Real was not included in this
analysis due to it being a State highway and the upcoming work, he asked that the consultants continue to
ask the public for their opinions on El Camino Real. He noted that this information could be passed on to
Caltrans.
Vice Mayor Brownrigg asked staff to present data to the Council in the future regarding how completed
traffic calming initiatives have assisted with Vision Zero.
Councilmember Thayer asked if playgrounds and parks were considered as potential focus areas. Ms.
Weissman replied in the affirmative. She explained that the consultants didn’t hear as much about
playgrounds and parks in the conversations with the communities. However, she noted that they have data
about collisions around these areas and can include it if the Council would like it to be a focus area.
Councilmember Colson discussed the Broadway Grade Separation. She asked if there is a way to use this
data in the future for grants. DPW Murtuza replied in the affirmative.
Mayor Stevenson opened the item up for public comment
Grace, an avid walker, discussed her concerns including: sign pollution on California Drive, bikes on
sidewalks, sidewalk dining, and individuals complying with stop signs.
11
Agenda Item: 9b
Meeting Date: September 2, 2025
5
Manito Velasco voiced appreciation for the City painting daylight redzones and pedestrian flashing beacons
and asked the City to continue rolling out improvements and not be slowed down by waiting to first
complete the Vision Zero Plan.
Burlingame School District Superintendent Marla Silversmith thanked the City for their partnership. She
discussed the District’s partnership with the Police Department in regard to schools’ reopening and bike to
school days!
Mayor Stevenson closed public comment.
Vice Mayor Brownrigg discussed lowering speeds in the focus areas. He discussed AI-enabled stop signals,
which have assisted other communities in decreasing collisions.
Councilmember Thayer asked that the City continue with traffic calming projects while working on Vision
Zero. She explained that wherever the historical data is showing the City has issues, the City should
prioritize these areas.
Councilmember Pappajohn concurred with her colleagues about decreasing speed. She discussed her time
on the Vision Zero Committee and the en gagement from community members.
Councilmember Colson talked about her week at Burning Man and talking with the CEO of Burning Man
about their minimal amount of collisions on the playa. She noted that she believed this is because of the
low speeds and the courtesy that individuals gives to each other.
Mayor Stevenson asked for continued public engagement as the City completes the Vision Zero Action Plan.
He noted the need to focus on school areas for traffic calming. He thanked the school districts for their
assistance in this project. He voiced support for reducing speeds and further education to the public on
bike and pedestrian safety.
The Council thanked staff and Ms. Weissman for their presentation.
5. ADJOURNMENT
Mayor Stevenson adjourned the meeting at 7:04 p.m.
Respectfully submitted,
Meaghan Hassel-Shearer
City Clerk
12
Agenda Item: 9c
Meeting Date: September 15, 2025
1
BURLINGAME CITY COUNCIL
Unapproved Minutes
Regular City Council Meeting on September 2, 2025
1. CALL TO ORDER
A duly noticed meeting of the Burlingame City Council was held on the above date in person and via Zoom
at 7:10 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The Pledge of Allegiance was led by Mayor Stevenson.
3. ROLL CALL
MEMBERS PRESENT: Brownrigg, Colson, Pappajohn, Stevenson, Thayer
MEMBERS ABSENT: None
4. REQUEST FOR AB 2249 REMOTE PARTICIPATION
There were no requests.
5. REPORT OUT FROM CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(d)(1)
EXTZEL WILLIAMS, III ET AL. V. PENINSULA CORRIDOR JOINT POWERS AUTHORITY AKA CALTRAIN,
CITY OF BURLINGAME, ET AL., SAN MATEO COURT CASE NO. 22-CIV-03763
City Attorney Guina reported that direction was given, but no reportable action was taken.
b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(d)(2): ONE CASE
City Attorney Guina reported that Vice Mayor Brownrigg made a motion to approve the settlement with
California River Watch; seconded by Councilmember Pappajohn. The motion passed unan imously by roll
call vote, 5-0.
13
Agenda Item: 9c
Meeting Date: September 15, 2025
2
c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION
54956.8
PROPERTY: 778 BURLWAY ROAD
AGENCY NEGOTIATOR: CITY MANAGER LISA K. GOLDMAN AND CITY ATTORNEY MICHAEL GUINA
NEGOTIATING PARTIES: CITY OF BURLINGAME AND ENTERPRISE RENT-A-CAR
UNDER NEGOTIATION: PRICE AND TERMS
City Attorney Guina reported that direction was given, but no reportable action was taken.
6. UPCOMING EVENTS
Mayor Stevenson reviewed upcoming events in the city.
7. PRESENTATIONS
a. RECOGNIZING SETPEMBER 2025 AS SUICIDE PREVENTION MONTH
Kristen Nightingale, a member of the San Mateo County Behavioral Health Commission , introduced two
interns, Kristen Lee and Leila Ortiz, to discuss the importance of Suicide Prevention Month.
Ms. Lee and Ms. Ortiz discussed the importance of reaching out to friends, utilizing 988 the Suicide and
Crisis Lifeline, and having open discussions with friends and family about mental health.
Mayor Stevenson read the proclamation proclaiming September 2025 as Suicide Prevention Month.
Included in the proclamation was the fact that in 2024, 69 people died by suicide in San Mateo County , and
the San Mateo County Crisis Line received 13,239 calls.
b. PRESENTATION FROM SAMOAN SOLUTIONS
Representatives from Samoan Solutions discussed the non-profit’s history in the community and the work
that they do to assist Pacific Islanders in the county. To find out more about this organization , their website
is: www.samoansolutions.org.
8. PUBLIC COMMENTS
Two Burlingame High School students, Delaney and Alexander, discussed the formation of the advanced
photography class at BHS. They explained that they are excited to partner with the City to assist in
publicizing events that occur in Burlingame.
Grace discussed her concerns that Councilmembers can participate in meetings remotely while citizens
have to appear in person to comment. She also voiced concerned about the City giving $10,000 to the
14
Agenda Item: 9c
Meeting Date: September 15, 2025
3
Leadership Council San Mateo County as she believed it to be a Democratic Socialist organization not open
to Republicans or independents.
9. APPROVAL OF CONSENT CALENDAR
Mayor Stevenson asked the Councilmembers and the public if they wished to remove any item from the
Consent Calendar. Vice Mayor Brownrigg pulled item 9g.
Councilmember Colson made a motion to adopt items 9a, 9b, 9c, 9d, 9e, 9f, and 9h from the Consent
Calendar; seconded by Councilmember Thayer. The motion passed unanimously by roll call vote, 5 -0.
a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE AUGUST 18, 2025 CLOSED SESSION
City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the August 18,
2025 Closed Session.
b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE AUGUST 18, 2025 REGULAR CITY
COUNCIL MEETING
City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the August 18,
2025 Regular City Council Meeting.
c. ADOPTION OF A RESOLUTION ACCEPTING THE CENTRAL COUNTY FIRE DEPARTMENT (CCFD) FIRE
STATION 36 BATHROOM REMODEL AND ACCESSIBILITY UPGRADE, CITY PROJECT NO. 87090, BY
T&S INTERNMODAL MAINTENANCE, INC., DBA T&S WEST CONSTRUCTION, IN THE AMOUNT OF
$203,343.69
DPW Murtuza requested Council adopt Resolution Number 092-2025.
d. ADOPTION OF A RESOLUTION ACCEPTING THE FIRE STATION 34 MISCELLANEOUS IMPROVEMENTS
BY T&S INTERMODAL MAINTENANCE, INC. DBA T&S WEST CONSTRUCTION, CITY PROJECT NO.
86910 IN THE AMOUNT OF $269,946.77
DPW Murtuza requested Council adopt Resolution Number 093-2025.
e. ADOPTION OF A RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE ELECTRIC VEHICLE
CHARGERS INSTALLATION AT THE PUBLIC WORKS CORPORATION YARD, CITY PROJECT NO. 86900,
AND AUTHORIZING STAFF TO REVISE THE BID DOCUMENTS AND RE-ADVERTISE THE PROJECT
DPW Murtuza requested Council adopt Resolution Number 094-2025.
15
Agenda Item: 9c
Meeting Date: September 15, 2025
4
f. ADOPTION OF A RESOLUTION APPROVING THE PROCUREMENT OF WATER METERS AND
ADVANCED METERING INFRASTRUCTURE (AMI) RADIO DEVICES FROM AQUA-METRIC SALES
COMPANY IN AN AMOUNT NOT TO EXCEED $500,000 ANNUALLY FOR A PERIOD OF FIVE YEARS,
FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $2,500,000
DPW Murtuza requested Council adopt Resolution Number 095-2025.
g. ADOPTION OF A RESOLUTION DESIGNATING A VOTING DELEGATE FOR THE 2025 LEAGUE OF
CALIFORNIA CITIES’ ANNUAL CONFERENCE
Vice Mayor Brownrigg stated that while the proposed resolution includes the Mayor as the voting delegate,
the Council should include alternates in case the Mayor is unable to go.
Councilmember Colson and Vice Mayor Brownrigg agreed to be alternates.
Mayor Stevenson opened the item up for public comment.
Grace voiced concerns about the conference not being remote and the determination of who would be the
voting delegate.
Mayor Stevenson closed public comment.
Vice Mayor Brownrigg made a motion to adopt Resolution Number 096 -2025 with the amendment that
Vice Mayor Brownrigg is the first alternate, and Councilmember Colson is the second alternate; seconded
by Councilmember Pappajohn. The motion passed unanimously by roll call vote, 5-0.
h. APPROVAL OF OUT-OF-STATE TRAVEL FOR THE BURLINGAME POLICE DEPARTMENT’S CHIEF OF
POLICE TO ATTEND THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE ANNUAL
CONFERENCE
Police Chief Vaswani requested Council approve of his out-of-state travel to attend the International
Association of Chiefs of Police Annual Conference.
10. PUBLIC HEARINGS
a. INTRODUCTION AND FIRST READING OF AN ORDINANCE ADDING SECTION 11.06.055, “PRIVATE
TREES AND PRIVATELY-OWNED VEGETATION (PUBLIC NUISANCE)”, TO CHAPTER 11.06 OF TITLE 11
OF THE BURLINGAME MUNICIPAL CODE REGARDING THE MAINTENANCE OF PRIVATE TREES AND
VEGETATION ON PRIVATE PROPERTY; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE
CEQA GUIDELINES SECTION 15378 AND 15601(b)(3)
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Agenda Item: 9c
Meeting Date: September 15, 2025
5
ACA Burke reviewed the proposed ordinance, stating that it will allow the City to address challenges with
private nuisance vegetation. She discussed the following list of conditions that could trigger City
enforcement:
Dead, dying, diseased, or pest infested
Vegetation that significantly damages infrastructure
Vegetation that interferes with visibility
Vegetation that interferes with access
Climbing plants encroaching on the City right-of-way
Vegetation declared a public nuisance by legal authority or by the Parks and Recreation Director
ACA Burke stated that the City reviewed similar ordinances in Menlo Park, South San Francisco, Mountain
View, Palo Alto, and San Mateo.
ACA Burke reviewed the following limitations of the ordinance:
Private tree matters remain private
City involvement is primarily for challenges and risks posed to public areas
It is not the position of the City to police private vegetation
Councilmember Colson stated that she appreciated that this was being codified. She noted that one of the
things that has come up several times in her neighborhood is the intersection of private vegetation and
parks vegetation. She explained that the proposed ordinance assists the public and staff in better
understanding their roles.
Vice Mayor Brownrigg stated that it surprised him that staff had to propose this ordinance. He explained
that he thought it was clear that the City has the right to clear a sidewalk. ACA Burke replied that the City
has the right to clear a sidewalk on property it owns. However, she explained that to the extent that there
is vegetation on private property that affects public property or public safety, it is good to have an
ordinance to point to.
Mayor Stevenson opened the public hearing.
Jennifer Pfaff asked if this ordinance would apply to overgrown hedges. ACA Burke replied in the
affirmative.
Tony Paul stated that the City Arborist can help determine what trees need to be removed.
Mayor Stevenson closed the public hearing.
Mayor Stevenson asked about notification and whether it is coming from staff that observe it or from
residents that report it. City Arborist Holtz replied that Parks staff is not in the business of policing, but if
they do see a hazardous situation, they will work with the City’s Code Enforcement Officer. He added that
mostly this will be complaint based.
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Agenda Item: 9c
Meeting Date: September 15, 2025
6
Councilmember Pappajohn made a motion to bring back the proposed ordinance for a second reading;
seconded by Vice Mayor Brownrigg.
Vice Mayor Brownrigg commented on the motion by complementing the work of the City Arborist and his
staff, who assisted on a resident’s recent tree issue.
The motion passed unanimously by roll call vote, 5-0.
11. STAFF REPORTS AND COMMUNICATIONS
There were no staff reports.
12. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
There were none.
13. FUTURE AGENDA ITEMS
Vice Mayor Brownrigg asked that the Council agendize a discussion on creating a policy for view-point
media and what can be shown at City facilities. The Council agreed to agendize the discussion.
14. ACKNOWLEDGMENTS
The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking
Commission, Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees are
available online at www.burlingame.org.
15. ADJOURNMENT
Mayor Stevenson adjourned the meeting at 8:32 p.m. in memory of Joseph D. Putnam.
Respectfully submitted,
Meaghan Hassel-Shearer
City Clerk
18
1
STAFF REPORT
AGENDA NO: 9d
MEETING DATE: September 15, 2025
To: Honorable Mayor and City Council
Date: September 15, 2025
From: Neda Zayer, Community Development Director – (650) 558-7253
Catherine Keylon, Senior Planner – (650) 558-7250
Subject: Adoption of Resolutions Authorizing the City Manager to Execute Individual
Professional Services Agreements for On-call Planning Services, Each for a
Not-to-Exceed Amount of $1,000,000 and a Five-Year Term.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolutions authorizing the City
Manager to execute individual Professional Services Agreements for on-call planning services for
a not-to-exceed amount of $1,000,000 each and a five-year term with:
David J. Powers and Associates, Inc.;
Environmental Science Associates (E SA);
ICF Jones & Stokes, Inc.; and
M-Group
BACKGROUND
The Community Development Department - Planning Division issued a Request for Qualifications
(RFQ) to establish an On-Call Planning Services Consultant List. The consultants on the list would
provide various professional and technical services required for the review of development projects
including environmental review, historic review, design review consultation, and planning staffing
services.
The City utilizes c onsultants to prepare required environmental documents under the California
Environmental Quality Act (CEQA) and historic resources studies for development projects or the
City’s capital improvement projects. Staff has historically executed individual contracts with
consultants each time these types of services are required for a project. Depending on the cost
of the service, a Request for Proposal process would be needed , which is often the case, adding
additional time and processing to the project. The On-Call Planning Services Consultant List
would simplify and expedite this process by developing standing contracts to engage the
consultants in the specialized work needed . A task order would be completed for each project
that would define the scope of work , and the cost would be covered by the Applicant/Developer.
In addition, one firm was selected to also provide planning staffing services that c ould be used
when needed during staff shortages, workload backlogs, or specialized projects. This type of
19
On-Call Planning Services Contracts September 15, 2025
2
service would be far more l imited on an as-needed basis, and the cost would be budgeted for by
the Community Development Department through the budgeting process. Currently, there is no
plan for use of this service, but rather, the contract is in place should it be needed in the fut ure.
On May 12, 2025, the RFQ was released, and seven consultant firms submitted a Statement of
Qualifications. Internal staff reviewed t he submittal packets and conducted interviews. Four firms
were selected through the process to be placed on the on-call list:
David J. Powers & Associates
Environmental Science Associates (ESA)
ICF Jones & Stokes
M-Group
The consultants selected are highly qualified firms who have done work for the City of Burlingame
in the past, as well as many other jurisdictions in the Bay Area and State of California.
Staff is requesting approval to enter into a Professional Services Agreement with each of the
above-mentioned firms for a five-year contract term and a not-to-exceed amount of $1,000,000.
The $1,000,000 amount is intended to be able to cover multiple projects, if needed, without
additional amendments to the contracts.
FISCAL IMPACT
Funding for the environmental and historic review services will be reimbursed by the
Applicant/Developer through a pass-through account for each project over the five-year period.
The planning staffing services that could be u sed when needed during staff shortages, workload
backlogs, or specialized projects would be budgeted for by the Community Development
Department through the budgeting process. Currently, there is no plan for use of this service, but
rather, the contract is in place shoul d the need arise in the future.
Exhibits:
Resolution for David J. Powers
Professional Services Agreement for David J. Powers &Associates
Resolution for ESA
Professional Services Agreement for ESA
Resolution for ICF
Professional Services Agreement for ICFJones & Stokes
Resolution for M-Group
Professional Services Agreement for M-Group
20
Page 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DAVID J.
POWERS & ASSOCIATES, INC. IN THE AMOUNT OF $1,000,000, TO PROVIDE ON-CALL
PLANNING SERVICES FOR A FIVE-YEAR TERM
WHEREAS, the City requires professional and technical services to assist with a variety of on-
call planning services including environmental review, historical consultation, design review
consultation, and planning staffing for private development projects, as well as for the City’s capital
improvement projects; and
WHEREAS, on May 12, 2025, the Planning Division issued a Request for Qualifications (RFQ)
to establish a list of qualified consultants to provide various professional and technical services for a
variety of on-call planning services including environmental review, historical consultation, design
review consultation, and planning staffing; and
WHEREAS, City staff conducted panel interviews with each of the firms that submitted an RFQ
on July 23 and July 24, 2025; and
WHEREAS, the City has selected David J. Powers & Associates, Inc. (“Consultant”) and three
additional firms to perform the on-call planning services on an as-needed basis for a five-year term for
a not-to-exceed amount of $1,000,000; and
WHEREAS, on September 15, 2025, the City Council reviewed and considered the Agreement
for Professional Services to authorize work over a five-year term, for an amount not to exceed
$1,000,000.
NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve, find, determine,
and order as follows:
1. The City Manager is authorized and directed to enter into the Professional Services Agreement
with David J. Powers for on-call planning services for a term of five years, with a not-to-exceed
amount of $1,000,000, in the form attached hereto.
2. The City Clerk is directed to attest to the signature of the City Manager upon execution of the
Professional Services Agreement.
_______________________________
Mayor
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Page 2
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution
was introduced at a regular meeting of the City Council, held on the 15th day of September, 2025, and
was adopted thereafter by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_______________________________
City Clerk
Exhibit:
Exhibit A – Professional Services Agreement with David J. Powers
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83717.00002\34021721.2
1
CITY OF BURLINGAME
ON-CALL PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of October 1, 2025 by and between the City
of Burlingame, a public agency organized and operating under the laws of the State of California
with its principal place of business at 501 Primrose Road, Burlingame, CA 94010 (“City”), and
David J. Powers & Associates, Inc., a Corporation with its principal place of business at 1871 The
Alameda, Suite 200, San Jose, CA 95126 (hereinafter referred to as “Consultant”). City and
Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this
Agreement.
RECITALS
A.City is a public agency of the State of California and is in need of professional
services for the following project:
On-Call Planning Services – Environmental (CEQA) and Historic Review
___________________________________________________________________________
(hereinafter referred to as “the Project”).
B.Consultant is duly licensed and has the necessary qualifications to provide such
services on the Project. Consultant desires to perform and assume responsibility for the provision
of certain professional services required by City on the terms and conditions set forth in this
Agreement and in the task order(s) to be issued pursuant to this Agreement (“Task Order”).
C.The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A.” The services shall be more particularly described in the individual
Task Order issued by the City or its designee. No services shall be performed unless authorized
by a fully executed Task Order in the form attached hereto as Exhibit “C”.
2. Compensation.
a.Consultant shall receive compensation, including authorized
reimbursements, for all services rendered under this Agreement at the rates set forth in the
Schedule of Charges attached hereto as Exhibit “B” and incorporated herein by this
reference. The maximum compensation for services to be provided pursuant to each Task
Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to
Consultant under this Agreement shall not exceed the amount set forth in Section 2(b) below.
b.In no event shall the total amount paid for services rendered by Consultant
under this Agreement and all Task Orders issued hereunder exceed the sum of $1,000,000. This
amount is to cover all printing and related costs, and the City will not pay any additional fees for
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83717.00002\34021721.2
2
printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which
includes a detailed description of the work performed. Payments to Consultant for work
performed will be made on a monthly billing basis.
3.Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4.Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5.Time of Performance
The term of this Agreement shall be from October 1, 2025 to October 1, 2030, unless
earlier terminated as provided herein. Consultant shall complete the services within the term of
this Agreement, and shall meet any other established schedules and deadlines set forth in each
individual Task Order issued by the City. All applicable indemnification provisions of this
Agreement shall remain in effect following the termination of this Agreement.
6.Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b.Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7.Compliance with Law.
a.Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b.If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
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83717.00002\34021721.2
3
c.If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8.Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9.Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a.Commercial General Liability
(i)The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii)Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1)Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii)Commercial General Liability Insurance must include coverage
for the following:
(1)Bodily Injury and Property Damage
(2)Personal Injury/Advertising Injury
(3)Premises/Operations Liability
(4)Products/Completed Operations Liability
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83717.00002\34021721.2
4
(5)Aggregate Limits that Apply per Project
(6)Explosion, Collapse and Underground (UCX) exclusion
deleted
(7)Contractual Liability with respect to this Agreement
(8)Property Damage
(9) Independent Contractors Coverage
(iv)The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v)The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi)The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b.Automobile Liability
(i)At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii)Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii)The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv)Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c.Workers’ Compensation/Employer’s Liability
(i)Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii)To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
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83717.00002\34021721.2
5
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d.Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e.Minimum Policy Limits Required
(i)The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii)Defense costs shall be payable in addition to the limits.
(iii)Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f.Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
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83717.00002\34021721.2
6
g.Policy Provisions Required
(i)Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii)The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii)The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv)All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v)The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h.Qualifying Insurers
(i)All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1)Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
i.Additional Insurance Provisions
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7
(i)The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii)If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii)The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv)Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j.Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a.To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s services, the Project,
any Task Order or this Agreement, including without limitation the payment of all damages, expert
witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City,
its officials, officers, employees, agents, or volunteers.
b.If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance of “design professional” services (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the
Consultant’s proportionate percentage of fault.
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13.California Labor Code Requirements.
a.Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Section 1771.4.
b.If the services are being performed as part of an applicable “public works”
or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c.This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14.Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
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15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of San Mateo, State of California.
17 Termination or Abandonment
a.City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b.Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Akoni Danielson as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
20.Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21.Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
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83717.00002\34021721.2
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CITY:
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Attn: Catherine Keylon
CONSULTANT:
David J. Powers & Associates, Inc.
1871 The Alameda, Suite 200
San Jose, CA 95126
Attn: Akoni Danielson
and shall be effective upon receipt thereof.
22.Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23.Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24.Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the remaining provisions unenforceable, invalid or illegal.
26.Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
27.Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
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28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF BURLINGAME
AND DAVID J. POWERS & ASSOCIATES, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF BURLINGAME
Approved By:
Lisa Goldman
City Manager
Date
Attested By:
City Clerk
Approved As To Form:
City Attorney
DAVID J. POWERS & ASSOCIATES, INC.
Akoni Danielson
President/Principal Project Manager
Date
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EXHIBIT A
Scope of Services
Environmental / California Environmental Quality Act (CEQA)
Environmental review services will be needed for California Environmental Quality Act
(CEQA) review and evaluation for upcoming development projects in the City. The selected
firms will have the technical expertise and experience to be able to provide the full array of
services typically involved in preparation of CEQA documents, which may include Notice of
Preparation (NOP), Environmental Impact Reports (EIR), Initial Studies/Negative or
Mitigated Negative Declarations (MND), Addenda, Notices of Exemption (NOE), Class 32 In-
Fill Exemptions, General Plan Consistency under 15183, and other CEQA documents as
needed. The work will require familiarity with all aspects of CEQA, as well as recent Senate
and Assembly Bills that have modified, expedited or waived CEQA review. In addition, the
work will require familiarity with relevant regulatory frameworks of responsible federal, state,
and local agencies, and with the City of Burlingame’s General Plan, Municipal Code and
other relevant planning documents.
In addition to preparation of the CEQA documents, the consultant (or their subconsultants)
may be asked to conduct supporting studies or technical analyses, or to peer review
applicant-provided technical studies in a range of areas, including but not limited to
aesthetics, noise, air quality, biological, historic and/or cultural resource evaluation,
traffic/transportation, and geotechnical and hydrological analysis. Depending on the project,
the City may, from time-to-time, also request the inclusion of a specific subconsultant(s) for
inclusion on the project team.
Key tasks associated with environmental review may include, but are not necessarily limited
to, the following:
•review of project application materials, relevant City policy documents and
regulations, related environmental documents, and applicant-prepared technical
studies;
•providing input and technical advice on the approach and scope of the CEQA
document;
•providing input on processing of CEQA documents;
•preparing required legal notices at the necessary junctures in the CEQA process;
•coordinating with City staff on posting/distribution of required notices;
•coordination with City staff to develop project objectives, alternatives, and mitigation
measure;
•filing CEQA documents with the OPR State Clearinghouse on behalf of the City;
•completion of supporting technical analyses and/or studies in a manner suitable for
incorporation into the environmental document, and/or peer review of studies
prepared by project applicant;
•maintaining project schedules and budgets;
•noticing and consultation required under SB 18 and AB 52;
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•drafting materials associated with CEQA document certification or adoption, such as
preparation of any required Mitigation Monitoring and Reporting Program, Findings
of Fact, and Statements of Overriding Considerations;
•compiling, annotating, and preparing Responses to Comments;
•document printing and production, including preparation of electronic versions of
public review documents for posting on the City’s website;
•preparation of Notice of Determination (NOD); and
•attending in-person meetings, hearings and/or conference calls with City staff as
needed to coordinate preparation and approval of the CEQA document,
As part of the CEQA review some projects may require historic analysis and/or peer review
of a historic analysis. The City of Burlingame governs historic resources per Zoning Code
Chapter 25.35 (Historic Resources). This chapter states that any properties that are presently
included on the California Register of Historic Places and/or the National Register of Historic
Places are automatically to be included on the City's Register as a locally designated
resource. Currently, there is only one additional property on the City’s local registry: 220 Park
Road. However, as part of the Downtown Specific Plan, a historic inventory was completed
in 2008 and identifies resources in the City which may be considered historical for purposes
of this title. That inventory, which may be amended from time to time, is considered part of
the Historical Architectural and Places Resources Register, as defined in Zoning Code
Chapter 25.35.
Services may also be needed for preparation of historic resource studies for proposed
development projects to evaluate the eligibility of a property for listing on the state and/or the
national historic registers. This study would provide background information regarding the
building’s history and construction, as well as address its historic significance and integrity.
Such studies should include completion of the State of California Department of Parks and
Recreation (DPR) 523A (Primary Record) and 523B (Building, Structure, and Object Record)
forms for the property. These forms would provide the required information to the City of
Burlingame for California Environmental Quality Act (CEQA) review purposes. The City may
also require a comprehensive report along with the required forms.
This consultant may also be called upon to complete peer review of historic resource studies
that are prepared by a property owner, developer or applicant and submitted with
development applications
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15
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed
progress report that indicates the amount of budget spent on each task. Consultant will inform
City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials
contract.
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David J. Powers & Associates, Inc. 27 Quality Environmental Review Makes a Difference
David J. Powers & Associates, Inc.
Title Hourly Rate
Senior Principal $350
Principal Project Manager $322
Senior Environmental Specialist $274
Senior Project Manager $251
Environmental Specialist $235
Project Manager $224
Associate Project Manager $197
Assistant Project Manager $165
Researcher $142
Graphic Artist $132
Materials, outside services, and subconsultants include our standard 15 percent administration fee. Mileage will
be charged per the current IRS standard mileage rate at the time costs occur. Subject to revision January 1, 2026.
Charge rates subject to an annual 3% escalation and each year thereafter.
Subconsultants
Archaeological/Historical Consultants LLC Hourly Rate
Principal (exempt) $175
Senior Professional $127
Professional 3 (exempt) $115
Professional 2 $105
Professional 1 $95
Field Technician $87
Osteologist (subconsultant) $125
Architectural Historian (subconsultant) $165
Charge rates subject to an annual 3% escalation and each year thereafter.
All direct costs are subject to a 10 percent administration fee. These direct costs include but are not limited to
subconsultants, information center or archive fees, heavy equipment, traffic control services, materials,
reproduction, postage, traffic control costs, and travel costs.
Mileage is billed at the current IRS standard mileage rate. Lodging, meals, and incidentals are billed at the GSA
per diem rates for the applicable location and month, plus local taxes and fees.
If special accounting, bookkeeping, insurance, or invoicing procedures are requested, the required service will be
billed on a time and materials basis.
Fieldwork is charged at four-hour increments for non-exempt staff. Overtime will be charged at 1.5x/2.0x for all
nonexempt employees in accordance with California law. Archaeological/Historical Consultants has a minimum
charge of 8 hours of labor per job. If work is halted after notice to proceed, the 8-hour minimum will be charged,
or actual hours worked, whichever is greater.
Native American monitoring may be arranged through Archaeological/Historical Consultants by request. Native
American monitoring labor and all associated direct costs are subject to a 20 percent administration fee.
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David J. Powers & Associates, Inc.28 Quality Environmental Review Makes a Difference
Cornerstone Earth Group, Inc. Hourly Rate
Professional Staff:
Staff $198
Senior Staff $227
Project Manager $250
Senior Project Manager $273
Principal $315
Senior Principal $350
Construction and Support Staff:
Administrative Assistant $125
Engineering Technician I $145
Construction Services Administrative $160
Engineering Technician II $170
Technical Illustrator $180
Supervisory Technician $195
Senior Supervisory Technician $210
Professional Technical Staff includes Engineers, Geologists, Hydrogeologists, Chemists, and Scientists. Charges for
personnel will be made in accordance with the above rates. For field personnel, regular rates are normal workday
construction hours (Monday through Friday). For time spent over 8 hours in a day, time spent after 5 p.m., time
spent on swing shifts, and time spent on Saturdays by field personnel, overtime rates will be charged at 1.5 times
the hourly rate. Work on Sundays and holidays and work in excess of 12 hours in one day will be charged at 2.0
times the hourly rate. Field rates are based on a 48-hour notice. For less than a 48-hour notice, a 10 percent
surcharge will be added. All field personnel, vehicle and equipment charges are portal to portal. Reproduction of
project documents will be charged as a project expense. The hourly rate for professional staff to attend legal
proceedings will be 2.0 times the hourly rate specified above.
Reimbursement for the following direct expenses incurred in connection with the Work will be billed at cost plus
18 percent: Drillers, utility locators, laboratories, contractors, hygienists, and consultants; Rented vehicles, public
transportation, tolls, and air flights; Permits and special fees, insurances and licenses required to perform Work;
Computer programs and rented field equipment; Large volume copying of project documents; Maps,
photographs, and environmental databases; Overnight or same day delivery charges; Copying or production of
over-sized figures and plans. If personnel are assigned to a project 100 miles or more from an office, $175 per
diem per person allowance will be charged. Unless mutually agreed in writing, Cornerstone will hold samples
collected during the performance of the Work no longer than thirty (30) calendar days after their date of
collection; project samples requested to be held greater than thirty (30) calendar days will be billed at $100 per
every ninety (90) calendar days. If payment is not received within 30 days of invoice date, the samples will be
discarded. Client must notify Cornerstone in writing if the Work is subject to “prevailing wage” under local, state
or federal laws. If a
“prevailing wage”
obligation exists,
Cornerstone’s hourly
rates for technicians and
staff engineers and
geologists will be billed
in accordance with our
Prevailing Wage Hourly
Rate Sheet. Charge rates
subject to an annual 3%
escalation and each year
thereafter.
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David J. Powers & Associates, Inc. 29 Quality Environmental Review Makes a Difference
Fehr & Peers Hourly Rate
Principal $280-$460
Senior Associate $240-$335
Associate $215-$290
Senior Engineer/Planner $165-$240
Engineer/Planner $140-$200
Senior Engineering Technician $160-$255
Senior Project Accountant $125-$190
Senior Project Coordinator $135-$225
Project Coordinator $120-$190
Technician $155-$195
Intern $100-$160
Other Direct Costs / Reimbursable Expenses are invoiced at cost plus 10% for handling.
Personal auto mileage is reimbursed at the current IRS approved rate (70 cents per mile as of Jan 2025).
Technology & Security Fee (software licensing, hardware upgrades, secure data storage, etc.) are invoiced and
calculated as a percentage of monthly project labor.
Charge rates subject to an annual 3% escalation and each year thereafter.
Hexagon Transportation Consultants, Inc. Hourly Rate
President $355
Principal $310
Senior Associate II $285
Senior Associate I $260
Associate II $235
Associate I $210
Planner/Engineer II $180
Planner/Engineer I $155
Admin/Graphics $130
Assistant Planner/Engineer $130
Technician $95
Direct expenses are billed at actual costs, with the exception of mileage, which is reimbursed at the current rate
per mile set by the IRS.
Charge rates subject to an annual 3% escalation and each year thereafter.
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David J. Powers & Associates, Inc. 30 Quality Environmental Review Makes a Difference
H. T. Harvey & Associates, Inc. Hourly Rate
Principal $355-400
Senior Associates Ecologist $325
Associate Ecologist $296
Senior Ecologist 2 $265
Senior Ecologist 1 $233
Ecologist 2 $204
Ecologist 1 $178
Field Biologist 2 $152
Field Biologist 1 $127
Senior GIS Analyst $233
GIS Analyst $178
Technical Editor $155
Senior Technical Support $152
Technical Support $127
Clerical Support $127
Deposition and Testimony Two times standard Rate
Subcontractual Consultants Cost plus 10%
Direct Expenses Cost plus 10%
Transportation Current IRS Federal Standard Mileage Rate
Travel (Cost plus 10%) ~$284 per day (based on federal per diem rate)
Field Equipment Operation Variable
GIS Computer Graphics $10/hour surcharge
Charge rates subject to an annual 3% escalation and each year thereafter.
Illingworth & Rodkin, Inc.
Principal $250
Senior Consultant $225
Consultant $210
Staff Consultant $195
Technical/Admin Support $140
Charge rates subject to an annual 3% escalation and each year thereafter.
Document reproduction and shipping at cost. Mileage at IRS allowable rate; currently $0.70. Special invoicing
requirements may result in administrative costs, billed at a rate of $125/hour, in addition to the proposed
budget.
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David J. Powers & Associates, Inc. 31 Quality Environmental Review Makes a Difference
Page & Turnbull Hourly Rate
Founding Principal $315
Principal $265-$305
Director $170-$245
Senior Architect / Senior Project Manager $225
Architect 2 / Project Manager $185
Architect 1 $155
Senior Designer / Senior Project Manager $195
Designer 2 / Project Manager $160
Designer 1 $135
Junior Designer $125
Senior Cultural Resources Planner $170
Cultural Resources Planner 2 $150
Cultural Resources Planner 1 $135
Junior Cultural Resources Planner $120
Senior Preservation Specialist $195
Senior Preservation Specialist 2 $170
Senior Preservation Specialist 1 $140
Junior Senior Preservation Specialist $125
Interns $115
Marketing Director $230
Marketing Manager $195
Marketing Coordinator 2 $170
Marketing Coordinator 1 $150
Controller $230
Senior Project Accountant $190
Project Accountant 2 $170
Project Accountant 1 $140
Office Administrator $125
Charge rates subject to an annual 3% escalation and each year thereafter. Reimbursable expenses shall include
the following:
Cost of printing or duplication of drawings, specifications, reports, and cost estimates;
Tolls, parking fees, and local travel charged in accordance with IRS code;
Long distance telephone service and facsimile charges;
Cost of models, special renderings, photography, special printing of publications, maps, and other supplies
required for the project;
Postage and delivery charges;
Fees for local licenses and permits required to perform professional services;
Travel, lodging, subsistence, and out-of-pocket expenses for authorized travel in connection with contract services.
Fees for consultant services and subcontractors retained with approval of client shall be billed at cost plus 10%.
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David J. Powers & Associates, Inc. 32 Quality Environmental Review Makes a Difference
Schaaf & Wheeler Hourly Rate
Principal Project Manager $305
Senior Project Manager $280
Senior Engineer $255
Associate Engineer $225
Assistant Engineer $205
Junior Engineer $190
Designer $180
GIS Analyst $180
Technician $165
Engineering Trainee $140
Litigation Charges: Court or deposition time as an expert witness is charged at $500 per hour. Materials and
Services: Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will
be charged at 1.10 times cost. Charge rates subject to an annual 3% escalation and each year thereafter.
Treanor Hourly Rate
Senior Principal $370
Principal II $350
Principal I $290
Project Lead IV $260
Project Lead III $235
Project Lead II $215
Project Lead I $200
Designer IV $170
Designer III $155
Designer II $135
Designer I $125
Landscape Architect $205
Civil Engineer II $163
Civil Engineer I $125
Historian VI $280
Hisotrian V $235
Historian IV $190
Historian III $160
Hisotrian II $140
Historian I $125
Preservation Planner $195
Intern I $75
Admin III $195
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David J. Powers & Associates, Inc. 33 Quality Environmental Review Makes a Difference
Admin II $150
Admin I $115
Treanor’s standard hourly rates quoted above are effective from February 1, 2025. Charge rates subject to an
annual 4% escalation and each year thereafter. These rates apply only to projects and efforts billed on an hourly
basis.
WRA Hourly Rate
Director/Principal $313
Senior Associate $272
Associate $229
Senior Scientist $209
Scientist $192
Senior Technician $165
Technician $136
Senior Associate Landscape Architect $272
Associate Landscape Architect $229
Landscape Architect $209
Landscape Designer III $192
Landscape Designer II $165
Landscape Designer I $144
Environmental Planning Director $313
Senior Environmental Planner $289
Senior Associates Environmental Planner $272
Associate Environmental Planner $229
Environmental Planner II $209
Environmental Planner I $192
Assistant Environmental Planner II $165
Assistant Environmental Planner $144
Conservation Strategies Senior Project Manager $289
Conservation Strategies Senior Associate $272
Conservation Strategies Associate $246
Conservation Strategies Senior Scientist $197
Conservation Strategies Senior Technician $177
Conservation Strategies Technician $154
Senior Engineering $289
Senior Associate Engineer $281
Associate Engineer $246
Engineer II/Geomorphologist II $219
Engineer I/Geomorphologist I $197
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David J. Powers & Associates, Inc. 34 Quality Environmental Review Makes a Difference
Assistant Engineer II $177
Assistant Engineer $154
GIS Manager $272
GIS Professional III $219
GIS Professional II $209
GIS Professional $192
GIS Senior Technician $165
GIS Technician $144
Senior Field Technician $192
Field Technician $144
Senior Project Biologist $134
Project Biologist $122
Community Resilience Team $90-$202
Clerical Support $100
Expert Witness Rate x 1.5
Charge rates subject to an annual 3% escalation and each year thereafter.
Necessary project expenses and subconsultants are billed at cost plus 10 percent. Compliance Monitoring:
Overtime is rate x 1.5
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EXHIBIT C
Sample Task Order Form
TASK ORDER
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: DAVID J. POWERS & ASSOCIATES, INC.
The Consultant is hereby authorized to perform the following services subject to the
provisions of the Agreement identified above:
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00
Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials,
except as may be otherwise noted above, and perform all services for the work above specified in
accordance with the Agreement identified above and will accept as full payment therefore the
amount shown above.
CITY OF BURLINGAME DAVID J. POWERS & ASSOCIATES, INC.
Dated: Dated:
By: By:
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Page 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) IN THE AMOUNT OF $1,000,000, TO
PROVIDE ON-CALL PLANNING SERVICES FOR A FIVE-YEAR TERM
WHEREAS, the City requires professional and technical services to assist with a variety of on-
call planning services including environmental review, historical consultation, design review
consultation, and planning staffing for private development projects, as well as for the City’s capital
improvement projects; and
WHEREAS, on May 12, 2025 the Planning Division issued a Request for Qualifications (RFQ)
to establish a list of qualified consultants to provide various professional and technical services for a
variety of on-call planning services including environmental review, historical consultation, design
review consultation, and planning staffing; and
WHEREAS, City staff conducted panel interviews with each of the firms that submitted an RFQ
on July 23 and July 24, 2025; and
WHEREAS, the City has selected Environmental Science Associates (ESA) (“Consultant”) and
three additional firms to perform the on-call planning services on an as-needed basis for a five-year
term for a not-to-exceed amount of $1,000,000; and
WHEREAS, on September 15, 2025, the City Council reviewed and considered the Agreement
for Professional Services to authorize work over a five-year term, for an amount not to exceed
$1,000,000.
NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve, find, determine,
and order as follows:
1. The City Manager is authorized and directed to enter into the Professional Services Agreement
with ESA for on-call planning services for a term of five years, with a not-to-exceed amount of
$1,000,000 in the form attached hereto.
2. The City Clerk is directed to attest to the signature of the City Manager upon execution of the
Professional Services Agreement.
_______________________________
Mayor
47
Page 2
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution
was introduced at a regular meeting of the City Council, held on the 15th day of September, 2025, and
was adopted thereafter by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_______________________________
City Clerk
Exhibit:
Exhibit A – Professional Services Agreement with ESA
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83717.00002\34021721.2
1
CITY OF BURLINGAME
ON-CALL PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of October 1, 2025 by and between the City
of Burlingame, a public agency organized and operating under the laws of the State of California
with its principal place of business at 501 Primrose Road, Burlingame, CA 94010 (“City”), and
Environmental Science Associates with its principal place of business at 575 Market Street #3700,
San Francisco, CA 94105 (hereinafter referred to as “Consultant”). City and Consultant are
sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A.City is a public agency of the State of California and is in need of professional
services for the following project:
On-Call Planning Services – Environmental (CEQA) and Historic Review
___________________________________________________________________________
(hereinafter referred to as “the Project”).
B.Consultant is duly licensed and has the necessary qualifications to provide such
services on the Project. Consultant desires to perform and assume responsibility for the provision
of certain professional services required by City on the terms and conditions set forth in this
Agreement and in the task order(s) to be issued pursuant to this Agreement (“Task Order”).
C.The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A.” The services shall be more particularly described in the individual
Task Order issued by the City or its designee. No services shall be performed unless authorized
by a fully executed Task Order in the form attached hereto as Exhibit “C”.
2. Compensation.
a.Consultant shall receive compensation, including authorized
reimbursements, for all services rendered under this Agreement at the rates set forth in the
Schedule of Charges attached hereto as Exhibit “B” and incorporated herein by this reference.
The maximum compensation for services to be provided pursuant to each Task Order shall be set
forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this
Agreement shall not exceed the amount set forth in Section 2(b) below.
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement and all Task Orders issued hereunder exceed the sum of $1,000,000. This
amount is to cover all printing and related costs, and the City will not pay any additional fees for
printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which
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83717.00002\34021721.2
2
includes a detailed description of the work performed. Payments to Consultant for work
performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance
The term of this Agreement shall be from October 1, 2025 to October 1, 2030, unless
earlier terminated as provided herein. Consultant shall complete the services within the term of
this Agreement, and shall meet any other established schedules and deadlines set forth in each
individual Task Order issued by the City. All applicable indemnification provisions of this
Agreement shall remain in effect following the termination of this Agreement.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
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c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
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(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
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California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
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g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
i. Additional Insurance Provisions
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(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s services, the Project,
any Task Order or this Agreement, including without limitation the payment of all damages, expert
witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City,
its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance of “design professional” services (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the
Consultant’s proportionate percentage of fault.
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13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works”
or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
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15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of San Mateo, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Eryn Brennan as Project Manager. The Project Manager shall not
be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
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CITY:
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Attn: Catherine Keylon
CONSULTANT:
Environmental Science Associates.
575 Market Street #3700
San Francisco, CA 94105
Attn: Eryn Brennan
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
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28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF BURLINGAME
AND ENVIRONMENTAL SCIENCE ASSOCIATES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF BURLINGAME
Approved By:
Lisa Goldman
City Manager
Date
Attested By:
City Clerk
Approved As To Form:
City Attorney
ENVIRONMENTAL SCIENCE ASSOCIATES
Eryn Brennan
Vice President
Date
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EXHIBIT A
Scope of Services
Environmental / California Environmental Quality Act (CEQA)
Environmental review services will be needed for California Environmental Quality Act
(CEQA) review and evaluation for upcoming development projects in the City. The selected
firms will have the technical expertise and experience to be able to provide the full array of
services typically involved in preparation of CEQA documents, which may include Notice of
Preparation (NOP), Environmental Impact Reports (EIR), Initial Studies/Negative or
Mitigated Negative Declarations (MND), Addenda, Notices of Exemption (NOE), Class 32 In-
Fill Exemptions, General Plan Consistency under 15183, and other CEQA documents as
needed. The work will require familiarity with all aspects of CEQA, as well as recent Senate
and Assembly Bills that have modified, expedited or waived CEQA review. In addition, the
work will require familiarity with relevant regulatory frameworks of responsible federal, state,
and local agencies, and with the City of Burlingame’s General Plan, Municipal Code and
other relevant planning documents.
In addition to preparation of the CEQA documents, the consultant (or their subconsultants)
may be asked to conduct supporting studies or technical analyses, or to peer review
applicant-provided technical studies in a range of areas, including but not limited to
aesthetics, noise, air quality, biological, historic and/or cultural resource evaluation,
traffic/transportation, and geotechnical and hydrological analysis. Depending on the project,
the City may, from time-to-time, also request the inclusion of a specific subconsultant(s) for
inclusion on the project team.
Key tasks associated with environmental review may include, but are not necessarily limited
to, the following:
• review of project application materials, relevant City policy documents and
regulations, related environmental documents, and applicant-prepared technical
studies;
• providing input and technical advice on the approach and scope of the CEQA
document;
• providing input on processing of CEQA documents;
• preparing required legal notices at the necessary junctures in the CEQA process;
• coordinating with City staff on posting/distribution of required notices;
• coordination with City staff to develop project objectives, alternatives, and mitigation
measure;
• filing CEQA documents with the OPR State Clearinghouse on behalf of the City;
• completion of supporting technical analyses and/or studies in a manner suitable for
incorporation into the environmental document, and/or peer review of studies
prepared by project applicant;
• maintaining project schedules and budgets;
• noticing and consultation required under SB 18 and AB 52;
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•drafting materials associated with CEQA document certification or adoption, such as
preparation of any required Mitigation Monitoring and Reporting Program, Findings
of Fact, and Statements of Overriding Considerations;
•compiling, annotating, and preparing Responses to Comments;
•document printing and production, including preparation of electronic versions of
public review documents for posting on the City’s website;
•preparation of Notice of Determination (NOD); and
•attending in-person meetings, hearings and/or conference calls with City staff as
needed to coordinate preparation and approval of the CEQA document,
As part of the CEQA review some projects may require historic analysis and/or peer review
of a historic analysis. The City of Burlingame governs historic resources per Zoning Code
Chapter 25.35 (Historic Resources). This chapter states that any properties that are presently
included on the California Register of Historic Places and/or the National Register of Historic
Places are automatically to be included on the City's Register as a locally designated
resource. Currently, there is only one additional property on the City’s local registry: 220 Park
Road. However, as part of the Downtown Specific Plan, a historic inventory was completed
in 2008 and identifies resources in the City which may be considered historical for purposes
of this title. That inventory, which may be amended from time to time, is considered part of
the Historical Architectural and Places Resources Register, as defined in Zoning Code
Chapter 25.35.
Services may also be needed for preparation of historic resource studies for proposed
development projects to evaluate the eligibility of a property for listing on the state and/or the
national historic registers. This study would provide background information regarding the
building’s history and construction, as well as address its historic significance and integrity.
Such studies should include completion of the State of California Department of Parks and
Recreation (DPR) 523A (Primary Record) and 523B (Building, Structure, and Object Record)
forms for the property. These forms would provide the required information to the City of
Burlingame for California Environmental Quality Act (CEQA) review purposes. The City may
also require a comprehensive report along with the required forms.
This consultant may also be called upon to complete peer review of historic resource studies
that are prepared by a property owner, developer or applicant and submitted with
development applications.
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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed
progress report that indicates the amount of budget spent on each task. Consultant will inform
City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials
contract.
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Environmental Science Associates & Subsidiaries:
2025 Schedule of Fees
I. Personnel Category Rates
ChargeswillbemadeattheCategoryhourlyratessetforthbelowfortimespentonprojectmanagement,consultation
ormeetingsrelatedtotheproject,fieldwork,reportpreparationandreview,traveltime,etc.Timespentonprojectsin
litigation,indepositionsandprovidingexperttestimonywillbechargedattheCategoryratetimes1.5..
LABOR CATEGORY BILLING
STEP I
BILLING
STEP II
BILLING
STEP III
BILLING
STEP IV
BILLING
STEP V
BILLING
STEP VI
Senior Principal Consultant $258 $285 $314 $344 $375 $405
Principal Consultant $218 $248 $276 $305 $334 $363
Managing Consultant $197 $219 $243 $266 $289 $312
Senior Consultant $163 $180 $202 $223 $245 $266
Associate Consultant $147 $162 $175 $189 $203 $217
Consultant $110 $124 $137 $152 $165 $179
Project Technician $80 $103 $125 $146 $167 $190
(a)TherangeofratesshownforeachstaffcategoryreflectsESAstaffqualifications,expertiseandexperience
levels.Theseraterangesallowourprojectmanagerstoassemblethebestprojectteamstomeettheuniqueproject
requirementsandclientexpectationsforeachopportunity.
(b)Fromtimetotime,ESAretainsoutsideprofessionalandtechnicallaboronatemporarybasistomeetpeakworkload
demands.SuchcontractlabormaybechargedatregularEmployeeCategoryrates.
(c)ESAreservestherighttorevisethePersonnelCategoryRatesperiodicallytoreflectchangesinitsoperatingcosts.
II. ESA Expenses
A. TRAVEL EXPENSES
1.Transportation
a.Companyvehicle–fixedrate+feeformileageinexcessof100miles.
b.Commoncarrierorcarrental–actualexpensemultipliedby1.15.
c.Ifcompanyvehicleistobeusedinoff-roadconditions,adaily$15usefeewillbeaddedtothestandarddaily
vehicle rate��
2.Lodging,mealsandrelatedtravelexpenses–directexpensesmultipliedby1.15.
B. TECHNOLOGY AND DATA MANAGEMENT FEE
Non-travelexpensesincurredforthedurationoftheagreementforprojectsupportbutnotitemizedbelow.Project
laborchargesmultipliedby3%.Feeencompassesthefollowing:
SECTION 6
Consultant Rates
City of Burlingame / On-Call Consulting Services for Environmental California
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ITEM RATE/
HOUR RATE/DAY
RATE/
WEEK
RATE/
MONTH
Cloud-basedServices
NearmapHighResolutionImage $55/image
ArcGISOnlineHosting(WebMaps/Apps)$225
WebsiteHosting $200
CustomApplication&ServicesHosting*$300*
Modeling(GeoHECRAS,TUFLOW,Delft3D)+Drone)Processing $7 $160 $950 $3,900
AviationEnvironmentalDesignTool(AEDIT)Processing $13 $190 $1,120 $4,600
*includessupportfordatabase,SSL,ITsupport–costsvarybyproject.Contactsoftwaredevelopmentservicesforfirmpricing.
ITEM RATE/PAGE SAMPLE PRICING
Black&White–8.5X11 $0.15
Black&White–11X17 $0.30
Color–8.5X11 $0.50
Color–11X17 $0.80
BW–Plotter(Toner–ECOQuality)$0.50/sf 24x36B/WCADdrawingwouldcost$3persheet
BW–Plotter(Toner–PresentationQuality)$1.25/sf 24x36B/WCADdrawingwouldcost$7.50persheet
Color–Plotter(Inkjet–ECOQuality)$2.50/sf 24x36ColorDrawingwouldcost$15persheet
Color–Plotter(Inkjet–PresentationQuality)$5.00/sf 24x36ColorDrawingwouldcost$30persheet
CD $10.00
DigitalPhotography $20.00(upto50images)
AllOtherItems(includingbindingsandcovers)Atcostplus10%
StartingJanuary2023,ESAimplementeda3%TechnologyandDataManagementfeeonallapplicablecontracts,
excludingchargesrelatedtoequipmentrentals,reimbursableexpenses,andsubcontractorfees.Thisfeeplaysapivotal
roleinmitigatinganarrayoftechnologyanddatamanagementexpendituresincurredbyESAtoensurethedeliveryof
thecomprehensiveandhigh-qualityservicesourclientsexpect.Theseexpensesinclude,butarenotlimitedto:
Î Long-Term Data Retention and Security Administration:Coveringtheexpensesassociatedwithadministeringthe
protectionofclientdataandassetsthroughoutandbeyondthecontractualperiod.
Î Development and Maintenance of Internal ESA Software Tools:Accountingfortheongoinginvestmentsrequired
tocreateandmaintaintoolsintegraltoourclientengagements.
Î Data Privacy and Security Maintenance:Encompassingthecostsinvolvedinmaintainingdataprivacyandsecurity,
includingregularsecurityauditstoupholdthehigheststandards.
Î Advanced Technology-Related Costs:Addressingtheescalatingexpensesassociatedwithsubscriptionsfor
cutting-edgetechnicalsoftware,licenses,andclouddataservices.
ThisfeestructureenablesESAtoupholditscommitmenttoprovidingclientswithtop-tierserviceswhilemanagingthe
ever-evolvingdemandsoftechnologyanddatamanagementintheworkthatwedo.
C. CLOUD-BASED SERVICES
D. PRINTING/REPRODUCTION RATES
Ifaweeklyormonthlyrateisnotprovided,equipmentusageisbilledatadailyrate.
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ITEM RATE/DAY RATE/WEEK RATE/MONTH
Project Specific Equipment:
Vehicles–Standardsize(nooff-roadusage)$100a $500a
Vehicles–4x4/Truck(lightduty)150a
Vehicles–4x4/Truck(heavyduty)175a
Vehicles–ATV 150
NoiseMeter 115
HydroacousticNoiseMonitoringEquipment 175
SatellitePhone 15 70 250
Electrofisher 350 1,750
FieldTraps 50
DigitalHypsometer(Nikon)25
BackpackSprayer 30
360-Degree4kCamera 35 175
HighResolutionTime-LapseCamera 20 100 350
BeachSeine 60
Block Net 30
PITTaggingKit 25
UnderwaterLightMeter 500
OtterTrawl 115
WildlifeAcousticsBatDetector 125 400
WildlifeTrailCamera 30 100
FiberOpticEndoscope 150 750
SpottingScope 50 200
PersonalProtectiveEquipment(PPE)25
Photo and Video Production Equipment:
MirrorlessCamera+Lens+SDCard 220 550 2000
Tripod+CameraCase 50 175 500
LightingEquipment 20 75 250
ShotgunMicrophoneKit 15 50 180
2PersonMicrophoneKit 10 25 85
Topographic/Bathymetric Survey Equipment:
TotalStation $300 $$
UAV/Drone 300 1,500
RTK-GPS 300
RTK-GPSSmartnetSubscription 75
E. EQUIPMENT RATES
City of Burlingame / On-Call Consulting Services for Environmental California
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ITEM RATE/DAY RATE/WEEK RATE/MONTH
HypackSurveySoftware 150
Laser/AutoLevel 50
Single-BeamEchoshounder 150 600
SidescanSonar 200
1mGNSSDataCollectionSystem85 425 1,700
Sub-meterGNSSDataCollectionSystem 115
Sub-footDataCollectionSystem 230
GarminGPSorequivalent 30
Hydrologic Data Collection, Water Current, Level and Wave Measurement Equipment:
ISCO2150AreaVelocityFlowLogger $50 $300 $800
SonTekIQ-PlusAreaVelocityFlowLogger 100 500 1,500
LoggingRainGage 10 50 200
Hand-HeldCurrentMeter 50
SurfaceVelocityRadar 50
WavePressureSensor 115 460
WaveBuoy 175 700
SonicWaveSensor 35 175 500
LoggingWaterLevel-PressureTransducer 125
LoggingBarometricPressureLogger 60
WellProbe/WaterLevelMeter 25
Bottom-MountedTripod/Mooring 30 150 400
StormwaterCrestSampler 20
RadarWaveSensorwithLoggerBox 150 300 1000
Water Quality Equipment:
LoggingTurbidimeter/WaterLevelRecorder $$$400
LoggingConductivity/WaterLevelRecorder 250
RecordingConductivityMeterw/Datalogger 20 60 200
Hand-HeldTurbidimeter50 200
Hand-HeldSalinityMeterorpHmeter 35
LoggingSalinityGauge 150
LoggingDO/TempProbe 150
LoggingWaterQualitySonde1Sensor 50 200 700
LoggingWaterQualitySonde2Sensor 65 250 800
LoggingWaterQualitySonde3Sensor 75 300 900
LoggingWaterQualitySonde4Sensor 90 350 1,000
TelemetrySystemHardware 125
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III. Subcontracts
Subcontractserviceswillbeinvoicedatcostmultipliedby1.15.
IV. Other
Thefeesabovedonotincludesalestax.Anyapplicableorpotentialsalestaxwillbechargedwhenappropriate.
V. Payment Terms
Unlessotherwiseagreedinwriting,ESAwillsubmitinvoicesonamonthlybasis.Anyunpaidbalancesshalldrawinterest
atoneandonehalfpercent(1.5%)permonthorthehighestrateallowedbylaw,whicheverislower,commencing
thirty(30)daysafterdateofinvoice.Allinvoicesnotcontestedinwritingwithinfifteen(15)businessdaysofreceiptare
deemedacceptedbyClientastrueandaccurateandClientthereafterwaivesanyobjectiontoClientsinvoices,which
are payable in full �
ITEM RATE/DAY RATE/WEEK RATE/MONTH
WaterQualityMulti-ProbeDepthProfiler200
NiskinWaterSampler 50
ISCO6712PortableSamplerw/ISCO2105Module 60 350 900
Sedimentation/Geotechnical Equipment:
PeatCorer $85
60lbHelly-SmithBedloadSampler 200
Mini-PonarGrabSampler 50
DH-76SuspendedSedimentSampler 100
D-96SuspendedSedimentSampler 200
BridgeCrane 150
RSET 50
AMSSoilSamplingKit 50
Hand-HeldHelley-SmithBedloadSampler 30
GuelphPermeameter 60
SludgeSampler 60
ShearStrengthVane 60
HandheldDH-48SuspendedSedimentSampler 30
Boats:
SmallWatercraft $75 $300
15’-17’Boat 350 1,200
20’-21’Boat 400 1,800
22’-25’Boat 500 2,000
HouseboatFloatingLaboratory 4,500
aActualprojectchargeswillincludethedailyrateplus$0.75perbeyond100miles.
City of Burlingame / On-Call Consulting Services for Environmental California
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2024-2025
Hourly Billing Rates
DATES EFFECTIVE
July2024throughJune2025
NOTES
OtherDirectCosts/Reimbursable
expensesareinvoicedatcostplus
10%forhandling.
Personalautomileageis
reimbursedatthethencurrentIRS
approvedrate(70centspermileas
ofJan2025).
Technology&SecurityFee
(softwarelicensing,hardware
upgrades,securedatastorage,etc.)
areinvoicedandcalculatedasa
percentageofprojectlabor.
Classification Hourly Rate
Principal $280-$400
SeniorAssociate $210-$325
Associate $185-$285
SeniorEngineer/Planner $160-$235
Engineer/Planner $130-$190
SeniorEngineeringTechnician $150-$240
SeniorProjectAccountant $125-$190
SeniorProjectCoordinator $125-$185
ProjectCoordinator $125-$175
Technician $145-$190
Intern $100-$130
Fehr & Peersreservestherighttochangetheseratesatanytimewithorwithoutadvancenotice.
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Prevision Billing Rates &
Payment Policies
Effective January 1st, 2025
Hourly Billing Rates
AdamPhillips,Principal $300/hr
AdminStaff $130/hr
Reimbursable Charges
Thefollowingchargesareinadditiontopersonnelfees:
AutoMileage IRSStandardMileageRates
Printingandreproduction(persheet)
Black&WhitePrints/Copies(Letter) $0.25
Black&WhitePrints/Copies(Ledger/SuperB) $1.00
PresentationColor(lettersize) $4.00
LargeFormatprints/plots(outsourced) Cost+10%
Unlessotherwisespecifiedbycontract,chargesforalloutsideconsultantandotherreimbursableexpensesare
computedonthebasisofcostplus10%.
Payment Method
Invoicesshallbepreparedandsentviaemail(unlesshardcopyisrequested)onamonthlybasis.Billingshallreflect
hoursspentand/orprojectprogress,shallbedueuponreceipt.Failureoftheclienttomakepaymentswithin90days
maybetakenasadirectivetoceaseworkuntilpaymentisreceived.Pastduepaymentsshalladditionallybesubjectto
interestattheprevailingrate.
Changes In Billing Rates And Policies
Thehourlyratesshownonthescheduleofchargesarereviewedyearlyandreissuedifmodified.Unlessspecifiedby
contract,hourlychargestoallprojects(includingthosecontinuingfromthepreviousyear’sfeeschedule)willbebased
onthelatestscheduleofcharges.
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83717.00002\34021721.2
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EXHIBIT C
Sample Task Order Form
TASK ORDER
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: ENVIRONMENTAL SCIENCE ASSOCIATES
The Consultant is hereby authorized to perform the following services subject to the
provisions of the Agreement identified above:
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00
Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials,
except as may be otherwise noted above, and perform all services for the work above specified in
accordance with the Agreement identified above and will accept as full payment therefore the
amount shown above.
CITY OF BURLINGAME ENVIRONMENTAL SCIENCE ASSOCIATES
Dated: Dated:
By: By:
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Page 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ICF JONES
& STOKES, INC. IN THE AMOUNT OF $1,000,000, TO PROVIDE ON-CALL PLANNING
SERVICES FOR A FIVE-YEAR TERM
WHEREAS, the City requires professional and technical services to assist with a variety of on-
call planning services including environmental review, historical consultation, design review
consultation, and planning staffing for private development projects, as well as for the City’s capital
improvement projects; and
WHEREAS, on May 12, 2025, the Planning Division issued a Request for Qualifications
(RFQ) to establish a list of qualified consultants to provide various professional and technical services
for a variety of on-call planning services including environmental review, historical consultation, design
review consultation, and planning staffing; and
WHEREAS, City staff conducted panel interviews with each of the firms that submitted an RFQ
on July 23 and July 24, 2025; and
WHEREAS, the City has selected ICF Jones & Stokes, Inc. (“Consultant”) and three additional
firms to perform the on-call planning services on an as-needed basis for a five-year term for a not-to-
exceed amount of $1,000,000; and
WHEREAS, on September 15, 2025, the City Council reviewed and considered the Agreement
for Professional Services to authorize work over a five-year term, for an amount not to exceed
$1,000,000.
NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve, find, determine,
and order as follows:
1. The City Manager is authorized and directed to enter into the Professional Services Agreement
with ICF Jones & Stokes, Inc. for on-call planning services for a term of five years, with a not-
to-exceed amount of $1,000,000 in the form attached hereto.
2. The City Clerk is directed to attest to the signature of the City Manager upon execution of the
Professional Services Agreement.
_______________________________
Mayor
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Page 2
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution
was introduced at a regular meeting of the City Council, held on the 15th day of September, 2025, and
was adopted thereafter by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_______________________________
City Clerk
Exhibit:
Exhibit A – Professional Services Agreement with ICF Jones & Stokes, Inc.
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CITY OF BURLINGAME
ON-CALL PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of October 1, 2025 by and between the City
of Burlingame, a public agency organized and operating under the laws of the State of California
with its principal place of business at 501 Primrose Road, Burlingame, CA 94010 (“City”), and ICF
Jones & Stokes, Inc., a Corporation with its principal place of business at 595 Market Street, Suite
950, San Francisco, CA 94105 (hereinafter referred to as “Consultant”). City and Consultant are
sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A.City is a public agency of the State of California and is in need of professional
services for the following project:
On-Call Planning Services – Environmental (CEQA) and Historic Review
___________________________________________________________________________
(hereinafter referred to as “the Project”).
B.Consultant is duly licensed and has the necessary qualifications to provide such
services on the Project. Consultant desires to perform and assume responsibility for the provision
of certain professional services required by City on the terms and conditions set forth in this
Agreement and in the task order(s) to be issued pursuant to this Agreement (“Task Order”).
C.The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A.” The services shall be more particularly described in the individual
Task Order issued by the City or its designee. No services shall be performed unless authorized
by a fully executed Task Order in the form attached hereto as Exhibit “C”.
2. Compensation.
a.Consultant shall receive compensation, including authorized
reimbursements, for all services rendered under this Agreement at the rates set forth in the
Schedule of Charges attached hereto as Exhibit “B” and incorporated herein by this reference.
The maximum compensation for services to be provided pursuant to each Task Order shall be set
forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this
Agreement shall not exceed the amount set forth in Section 2(b) below.
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement and all Task Orders issued hereunder exceed the sum of $1,000,000. This
amount is to cover all printing and related costs, and the City will not pay any additional fees for
printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which
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includes a detailed description of the work performed. Payments to Consultant for work
performed will be made on a monthly billing basis.
3.Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4.Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5.Time of Performance
The term of this Agreement shall be from October 1, 2025 to October 1, 2030, unless
earlier terminated as provided herein. Consultant shall complete the services within the term of
this Agreement, and shall meet any other established schedules and deadlines set forth in each
individual Task Order issued by the City. All applicable indemnification provisions of this
Agreement shall remain in effect following the termination of this Agreement.
6.Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b.Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7.Compliance with Law.
a.Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b.If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
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c.If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8.Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9.Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a.Commercial General Liability
(i)The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii)Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1)Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii)Commercial General Liability Insurance must include coverage
for the following:
(1)Bodily Injury and Property Damage
(2)Personal Injury/Advertising Injury
(3)Premises/Operations Liability
(4)Products/Completed Operations Liability
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(5)Aggregate Limits that Apply per Project
(6)Explosion, Collapse and Underground (UCX) exclusion
deleted
(7)Contractual Liability with respect to this Agreement
(8)Property Damage
(9) Independent Contractors Coverage
(iv)The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v)The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi)The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b.Automobile Liability
(i)At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii)Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii)The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv)Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c.Workers’ Compensation/Employer’s Liability
(i)Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii)To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
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California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
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g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
i. Additional Insurance Provisions
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(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s services, the Project,
any Task Order or this Agreement, including without limitation the payment of all damages, expert
witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City,
its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance of “design professional” services (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the
Consultant’s proportionate percentage of fault.
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13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works”
or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
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15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of San Mateo, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Patricia Toben-Cropper as Project Manager. The Project
Manager shall not be removed from the Project or reassigned without the prior written consent of
the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
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CITY:
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Attn: Catherine Keylon
CONSULTANT:
ICF Jones & Stokes, Inc.
595 Market Street, Suite 950
San Francisco, CA 94105
Attn: Patricia Toben-Cropper
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
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28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF BURLINGAME
AND ICF JONES & STOKES, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF BURLINGAME
Approved By:
Lisa Goldman
City Manager
Date
Attested By:
City Clerk
Approved As To Form:
City Attorney
ICF JONES & STOKES, INC.
Patricia Toben-Cropper
Senior Manager, Contracts
Date
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EXHIBIT A
Scope of Services
Environmental / California Environmental Quality Act (CEQA)
Environmental review services will be needed for California Environmental Quality Act
(CEQA) review and evaluation for upcoming development projects in the City. The selected
firms will have the technical expertise and experience to be able to provide the full array of
services typically involved in preparation of CEQA documents, which may include Notice of
Preparation (NOP), Environmental Impact Reports (EIR), Initial Studies/Negative or
Mitigated Negative Declarations (MND), Addenda, Notices of Exemption (NOE), Class 32 In-
Fill Exemptions, General Plan Consistency under 15183, and other CEQA documents as
needed. The work will require familiarity with all aspects of CEQA, as well as recent Senate
and Assembly Bills that have modified, expedited or waived CEQA review. In addition, the
work will require familiarity with relevant regulatory frameworks of responsible federal, state,
and local agencies, and with the City of Burlingame’s General Plan, Municipal Code and
other relevant planning documents.
In addition to preparation of the CEQA documents, the consultant (or their subconsultants)
may be asked to conduct supporting studies or technical analyses, or to peer review
applicant-provided technical studies in a range of areas, including but not limited to
aesthetics, noise, air quality, biological, historic and/or cultural resource evaluation,
traffic/transportation, and geotechnical and hydrological analysis. Depending on the project,
the City may, from time-to-time, also request the inclusion of a specific subconsultant(s) for
inclusion on the project team.
Key tasks associated with environmental review may include, but are not necessarily limited
to, the following:
• review of project application materials, relevant City policy documents and
regulations, related environmental documents, and applicant-prepared technical
studies;
• providing input and technical advice on the approach and scope of the CEQA
document;
• providing input on processing of CEQA documents;
• preparing required legal notices at the necessary junctures in the CEQA process;
• coordinating with City staff on posting/distribution of required notices;
• coordination with City staff to develop project objectives, alternatives, and mitigation
measure;
• filing CEQA documents with the OPR State Clearinghouse on behalf of the City;
• completion of supporting technical analyses and/or studies in a manner suitable for
incorporation into the environmental document, and/or peer review of studies
prepared by project applicant;
• maintaining project schedules and budgets;
• noticing and consultation required under SB 18 and AB 52;
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•drafting materials associated with CEQA document certification or adoption, such as
preparation of any required Mitigation Monitoring and Reporting Program, Findings
of Fact, and Statements of Overriding Considerations;
•compiling, annotating, and preparing Responses to Comments;
•document printing and production, including preparation of electronic versions of
public review documents for posting on the City’s website;
•preparation of Notice of Determination (NOD); and
•attending in-person meetings, hearings and/or conference calls with City staff as
needed to coordinate preparation and approval of the CEQA document,
As part of the CEQA review some projects may require historic analysis and/or peer review
of a historic analysis. The City of Burlingame governs historic resources per Zoning Code
Chapter 25.35 (Historic Resources). This chapter states that any properties that are presently
included on the California Register of Historic Places and/or the National Register of Historic
Places are automatically to be included on the City's Register as a locally designated
resource. Currently, there is only one additional property on the City’s local registry: 220 Park
Road. However, as part of the Downtown Specific Plan, a historic inventory was completed
in 2008 and identifies resources in the City which may be considered historical for purposes
of this title. That inventory, which may be amended from time to time, is considered part of
the Historical Architectural and Places Resources Register, as defined in Zoning Code
Chapter 25.35.
Services may also be needed for preparation of historic resource studies for proposed
development projects to evaluate the eligibility of a property for listing on the state and/or the
national historic registers. This study would provide background information regarding the
building’s history and construction, as well as address its historic significance and integrity.
Such studies should include completion of the State of California Department of Parks and
Recreation (DPR) 523A (Primary Record) and 523B (Building, Structure, and Object Record)
forms for the property. These forms would provide the required information to the City of
Burlingame for California Environmental Quality Act (CEQA) review purposes. The City may
also require a comprehensive report along with the required forms.
This consultant may also be called upon to complete peer review of historic resource studies
that are prepared by a property owner, developer or applicant and submitted with
development applications
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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed
progress report that indicates the amount of budget spent on each task. Consultant will inform
City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials
contract.
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Statement of Qualifications for On-Call Planning Services for City of Burlingame
(Subarea 1: Environmental/California Environmental Quality Act)June 20, 2025
26 89
Statement of Qualifications for On-Call Planning Services for City of Burlingame
(Subarea 1: Environmental/California Environmental Quality Act)June 20, 2025
27 90
Statement of Qualifications for On-Call Planning Services for City of Burlingame
(Subarea 1: Environmental/California Environmental Quality Act)June 20, 2025
28 91
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EXHIBIT C
Sample Task Order Form
TASK ORDER
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: ICF JONES & STOKES, INC.
The Consultant is hereby authorized to perform the following services subject to the
provisions of the Agreement identified above:
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00
Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials,
except as may be otherwise noted above, and perform all services for the work above specified in
accordance with the Agreement identified above and will accept as full payment therefore the
amount shown above.
CITY OF BURLINGAME ICF JONES & STOKES, INC.
Dated: Dated:
By: By:
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH M-GROUP
IN THE AMOUNT OF $1,000,000, TO PROVIDE ON-CALL PLANNING SERVICES FOR A FIVE
YEAR TERM
WHEREAS, the City requires professional and technical services to assist with a variety of on-
call planning services including environmental review, historical consultation, design review
consultation, and planning staffing for private development projects, as well as for the City’s capital
improvement projects; and
WHEREAS, on May 12, 2025 the Planning Division issued a Request for Qualifications (RFQ)
to establish a list of qualified consultants to provide various professional and technical services for a
variety of on-call planning services including environmental review, historical consultation, design
review consultation, and planning staffing; and
WHEREAS, City staff conducted panel interviews with each of the firms that submitted an RFQ
on July 23 and July 24, 2025; and
WHEREAS, the City has selected M-Group (“Consultant”) and three additional firms to perform
the on-call planning services on an as-needed basis for a five-year term for a not-to-exceed amount
of $1,000,000; and
WHEREAS, on September 15, 2025, the City Council reviewed and considered the Agreement
for Professional Services to authorize work over a five-year term, for an amount not to exceed
$1,000,000.
NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve, find, determine,
and order as follows:
1. The City Manager is authorized and directed to enter into the Professional Services Agreement
with M-Group for on-call planning services for a term of five years, with a not-to-exceed amount
of $1,000,000 in the form attached hereto.
2. The City Clerk is directed to attest to the signature of the City Manager upon execution of the
Professional Services Agreement.
_______________________________
Mayor
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I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution
was introduced at a regular meeting of the City Council, held on the 15th day of September, 2025, and
was adopted thereafter by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_______________________________
City Clerk
Exhibit:
Exhibit A – Professional Services Agreement with M-Group
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CITY OF BURLINGAME
ON-CALL PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of October 1, 2025 by and between the City
of Burlingame, a public agency organized and operating under the laws of the State of California
with its principal place of business at 501 Primrose Road, Burlingame, CA 94010 (“City”), and
M-Group with its principal place of business at 51 E. Campbell Avenue #1247, Campbell, CA
95009 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually
referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A.City is a public agency of the State of California and is in need of professional
services for the following project:
On-Call Planning Services – Environmental (CEQA), Historic Review, and Planning Staffing
___________________________________________________________________________
(hereinafter referred to as “the Project”).
B.Consultant is duly licensed and has the necessary qualifications to provide such
services on the Project. Consultant desires to perform and assume responsibility for the provision
of certain professional services required by City on the terms and conditions set forth in this
Agreement and in the task order(s) to be issued pursuant to this Agreement (“Task Order”).
C.The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A.” The services shall be more particularly described in the individual
Task Order issued by the City or its designee. No services shall be performed unless authorized
by a fully executed Task Order in the form attached hereto as Exhibit “C”.
2. Compensation.
a.Consultant shall receive compensation, including authorized
reimbursements, for all services rendered under this Agreement at the rates set forth in the
Schedule of Charges attached hereto as Exhibit “B” and incorporated herein by this reference.
The maximum compensation for services to be provided pursuant to each Task Order shall be set
forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this
Agreement shall not exceed the amount set forth in Section 2(b) below.
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement and all Task Orders issued hereunder exceed the sum of $1,000,000. This
amount is to cover all printing and related costs, and the City will not pay any additional fees for
printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which
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includes a detailed description of the work performed. Payments to Consultant for work
performed will be made on a monthly billing basis.
3.Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4.Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5.Time of Performance
The term of this Agreement shall be from October 1, 2025 to October 1, 2030, unless
earlier terminated as provided herein. Consultant shall complete the services within the term of
this Agreement, and shall meet any other established schedules and deadlines set forth in each
individual Task Order issued by the City. All applicable indemnification provisions of this
Agreement shall remain in effect following the termination of this Agreement.
6.Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b.Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7.Compliance with Law.
a.Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b.If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
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c.If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8.Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9.Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a.Commercial General Liability
(i)The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii)Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1)Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii)Commercial General Liability Insurance must include coverage
for the following:
(1)Bodily Injury and Property Damage
(2)Personal Injury/Advertising Injury
(3)Premises/Operations Liability
(4)Products/Completed Operations Liability
(5)Aggregate Limits that Apply per Project
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(6)Explosion, Collapse and Underground (UCX) exclusion
deleted
(7)Contractual Liability with respect to this Agreement
(8)Property Damage
(9) Independent Contractors Coverage
(iv)The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v)The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi)The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b.Automobile Liability
(i)At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii)Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii)The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv)Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c.Workers’ Compensation/Employer’s Liability
(i)Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii)To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
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required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d.Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e.Minimum Policy Limits Required
(i)The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii)Defense costs shall be payable in addition to the limits.
(iii)Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f.Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g.Policy Provisions Required
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(i)Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii)The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii)The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv)All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v)The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h.Qualifying Insurers
(i)All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1)Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
i.Additional Insurance Provisions
(i)The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
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assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s services, the Project,
any Task Order or this Agreement, including without limitation the payment of all damages, expert
witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City,
its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance of “design professional” services (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the
Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
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a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works”
or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15. Reserved.
16. Laws and Venue.
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This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of San Mateo, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Geoff Bradley as Project Manager. The Project Manager shall not
be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
CITY:
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
CONSULTANT:
M-Group
51 E. Campbell Avenue #1247
Campbell, CA 95009
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Attn: Catherine Keylon Attn: Geoff Bradley, AICP
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
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City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF BURLINGAME
AND M-GROUP.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF BURLINGAME
Approved By:
Lisa Goldman
City Manager
Date
Attested By:
City Clerk
Approved As To Form:
City Attorney
M-GROUP
Geoff Bradley, AICP
Principal + President
Date
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EXHIBIT A
Scope of Services
Environmental / California Environmental Quality Act (CEQA)
Environmental review services will be needed for California Environmental Quality Act
(CEQA) review and evaluation for upcoming development projects in the City. The selected
firms will have the technical expertise and experience to be able to provide the full array of
services typically involved in preparation of CEQA documents, which may include Notice of
Preparation (NOP), Environmental Impact Reports (EIR), Initial Studies/Negative or
Mitigated Negative Declarations (MND), Addenda, Notices of Exemption (NOE), Class 32 In-
Fill Exemptions, General Plan Consistency under 15183, and other CEQA documents as
needed. The work will require familiarity with all aspects of CEQA, as well as recent Senate
and Assembly Bills that have modified, expedited or waived CEQA review. In addition, the
work will require familiarity with relevant regulatory frameworks of responsible federal, state,
and local agencies, and with the City of Burlingame’s General Plan, Municipal Code and
other relevant planning documents.
In addition to preparation of the CEQA documents, the consultant (or their subconsultants)
may be asked to conduct supporting studies or technical analyses, or to peer review
applicant-provided technical studies in a range of areas, including but not limited to
aesthetics, noise, air quality, biological, historic and/or cultural resource evaluation,
traffic/transportation, and geotechnical and hydrological analysis. Depending on the project,
the City may, from time-to-time, also request the inclusion of a specific subconsultant(s) for
inclusion on the project team.
Key tasks associated with environmental review may include, but are not necessarily limited
to, the following:
• review of project application materials, relevant City policy documents and
regulations, related environmental documents, and applicant-prepared technical
studies;
• providing input and technical advice on the approach and scope of the CEQA
document;
• providing input on processing of CEQA documents;
• preparing required legal notices at the necessary junctures in the CEQA process;
• coordinating with City staff on posting/distribution of required notices;
• coordination with City staff to develop project objectives, alternatives, and mitigation
measure;
• filing CEQA documents with the OPR State Clearinghouse on behalf of the City;
• completion of supporting technical analyses and/or studies in a manner suitable for
incorporation into the environmental document, and/or peer review of studies
prepared by project applicant;
• maintaining project schedules and budgets;
• noticing and consultation required under SB 18 and AB 52;
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•drafting materials associated with CEQA document certification or adoption, such as
preparation of any required Mitigation Monitoring and Reporting Program, Findings
of Fact, and Statements of Overriding Considerations;
•compiling, annotating, and preparing Responses to Comments;
•document printing and production, including preparation of electronic versions of
public review documents for posting on the City’s website;
•preparation of Notice of Determination (NOD); and
•attending in-person meetings, hearings and/or conference calls with City staff as
needed to coordinate preparation and approval of the CEQA document,
As part of the CEQA review some projects may require historic analysis and/or peer review
of a historic analysis. The City of Burlingame governs historic resources per Zoning Code
Chapter 25.35 (Historic Resources). This chapter states that any properties that are presently
included on the California Register of Historic Places and/or the National Register of Historic
Places are automatically to be included on the City's Register as a locally designated
resource. Currently, there is only one additional property on the City’s local registry: 220 Park
Road. However, as part of the Downtown Specific Plan, a historic inventory was completed
in 2008 and identifies resources in the City which may be considered historical for purposes
of this title. That inventory, which may be amended from time to time, is considered part of
the Historical Architectural and Places Resources Register, as defined in Zoning Code
Chapter 25.35.
Services may also be needed for preparation of historic resource studies for proposed
development projects to evaluate the eligibility of a property for listing on the state and/or the
national historic registers. This study would provide background information regarding the
building’s history and construction, as well as address its historic significance and integrity.
Such studies should include completion of the State of California Department of Parks and
Recreation (DPR) 523A (Primary Record) and 523B (Building, Structure, and Object Record)
forms for the property. These forms would provide the required information to the City of
Burlingame for California Environmental Quality Act (CEQA) review purposes. The City may
also require a comprehensive report along with the required forms.
This consultant may also be called upon to complete peer review of historic resource studies
that are prepared by a property owner, developer or applicant and submitted with
development applications.
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Planning Staffing
The City occasionally utilizes the services of on-call planning staff to cover long term staff
leaves, assist when workloads increase or serve as project managers on large scale major
development projects. Tasks may include, but may not be limited to the following: review of
development applications including plan checks for zoning compliance, preparation of staff
reports, management of environmental review, preparation of public notices, presentations
to the Planning Commission and City Council, assisting with counter staffing, answering
emails to the Planning Division, responding to phone calls for general planning information,
and review of plans for building permits and planning entitlements.
In addition, the on-call planning/staffing services may also require assistance with our Design
Review process. The City of Burlingame has both Residential and Commercial Design
Review. Chapter 25.68 of the Zoning Code governs the Design Review process. There are
specific triggers set forth in the code when Design Review is required - primarily new
construction and additions. Design Review is a discretionary approval that requires a public
hearing before the Planning Commission to determine consistency with the Design
Guidelines. The City is seeking consultants that have design expertise and can assist in the
review of projects for consistency with the City’s Design Guidelines. This task would require
that direction and comments be provided to applicants so that the design of the submitted
project can be modified to conform with the Design Guidelines, it is not intended that the
consultant should re-design a project.
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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed
progress report that indicates the amount of budget spent on each task. Consultant will inform
City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials
contract.
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CITY OF BURLINGAME | ON-CALL CONSULTING SERVICES •19a new design on urban planning • m-group.us
CONSULTANT RATESCONSULTANT RATES
M-Group 2025 Hourly Rates 06/16/2025
MM--GGRROOUUPP SSTTAAFFFF 22002255 HHOOUURRLLYY RRAATTEESS
Admin Analyst
Environmental Tech
Planning Tech
Contract Administrator
$95
Assistant Planner
Assistant Environmental Planner
Assistant Urban Designer
Social Media Coordinator
Document Specialist
$120
Associate Planner
Associate Environmental Planner
Associate Urban Designer
GIS Services
Graphic Specialist
$150
Historic Preservation Specialist
Public Art Specialist $165
Senior Planner
Senior Project Manager
Senior Environmental Planner
Senior Urban Designer
$180
Principal Planner
Principal Project Manager
Principal Environmental Planner
Principal Policy Planner
Director of Urban Design
$200
Principal
Interim CDD $245 - $400
1.M-Group will invoice the client by billable hours per month or percentage of task
completed.
2.Hourly rates are subject to annual adjustment on January 1st.
3.M-Group adds a 10% administration fee to Subconsultant invoices.
4.Mileage costs of $0.70/mile may be charged for staff travelling beyond their Bay Area region
(SF/South Bay, East Bay, North Bay).
5.Work over 8 hours per day, on holidays, or after business hours may be charged at 125% of
the above-listed rates, upon client approval.
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EXHIBIT C
Sample Task Order Form
TASK ORDER
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: M-GROUP
The Consultant is hereby authorized to perform the following services subject to the
provisions of the Agreement identified above:
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00
Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials,
except as may be otherwise noted above, and perform all services for the work above specified in
accordance with the Agreement identified above and will accept as full payment therefore the
amount shown above.
CITY OF BURLINGAME M-GROUP
Dated: Dated:
By: By:
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1
STAFF REPORT
AGENDA NO: 9e
MEETING DATE: September 15, 2025
To: Honorable Mayor and City Council
Date: September 15, 2025
From: Syed Murtuza, Director of Public Works – (650) 558-7230
Weizhi Cheng, Senior Civil Engineer – (650) 558-7258
Subject: Adoption of a Resolution Accepting the Police Department Roof Replacement
Project by Alcal Specialty Contracting, Inc., City Project No. 86060, in the
Amount of $574,066
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting the Police
Department Roof Replacement Project by Alcal Specialty Contracting, Inc., City Project No. 86060,
in the amount of $574,066.
BACKGROUND
The City Council allocated funding to replace aging roofs at various City facilities. The roof at the
Burlingame Police Station, located at 1111 Trousdale Drive, was approximately 30 years old and
had reached the end of its service life. A roof inspection conducted in 2022 identified soft spots in
the roof deck and areas of standing water along the perimeter. These deficiencies, along with a
history of roof leaks reported by Facilities staff, confirmed concerns regarding the roof’s structural
integrity.
On April 15, 2024, the City Council awarded the Police Department Roof Replacement Project (City
Project No. 86060) to Alcal Specialty Contracting, Inc., in the amount of $557,958 (Resolution No.
048-2024).
The scope of work included removal of the existing roof, inspection and repair of the underlying
wood deck as needed, and installation of a new Styrene-Butadiene-Styrene (SBS) modified
bitumen roofing system.
DISCUSSION
Construction was successfully completed to the City’s satisfaction. The police station remained fully
operational throughout the work, with no impact on emergency response time.
The final project construction cost is $574,066, an increase of $16,108 (approximately 2.8%) over
the original contract price. The increase was due to additional work required to mitigate unexpected
roof conditions discovered during construction, including installing additional DensDeck Prime
113
Resolution Accepting the Police Department Roof Replacement Project, September 15, 2025
City Project No. 86060, by Alcal Specialty Contracting, Inc.
2
boards along wood parapet walls and installation of additional insulation to adjust roof sloping to
improve drainage.
FISCAL IMPACT
The following are the estimated final project expenditures:
Construction $574,066
Engineering Design & Administration $10,934
Total $585,000
Sufficient funds are available in the City’s Capital Improvement Program budget to cover the final
project costs.
Exhibits:
Resolution
Final Progress Payment
Project Location Map
114
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
ACCEPTING IMPROVEMENTS – POLICE DEPARTMENT ROOF REPLACEMENT
PROJECT BY ALCAL SPECIALITY CONTRACTING, INC., IN THE AMOUNT OF
$574,066
CITY PROJECT NO. 86060
WHEREAS, the roof at the Burlingame Police Station, located at 1111 Trousdale Drive,
was approximately 30 years old and had reached the end of its service life; and
WHEREAS, on April 15, 2024, the City Council awarded the Police Department Roof
Replacement Project (City Project No. 86060) to Alcal Specialty Contracting, Inc., in the amount
of $557,958 (Resolution No. 048-2024); and
WHEREAS, construction was successfully completed to the City’s satisfaction; and
WHEREAS, the final project construction cost is $574,066, an increase of $16,108
(approximately 2.8%) over the original contract price; and
WHEREAS, the increase was due to additional work required to mitigate unexpected roof
conditions discovered during construction, including installing additional DensDeck Prime boards
along wood parapet walls and installation of additional insulation to adjust roof sloping to improve
drainage; and
WHEREAS, sufficient funds are available in the City’s Capital Improvement Program
budget to cover the final project costs.
NOW, THEREFORE BE IT RESOLVED by the CITY COUNCIL of the City of Burlingame,
California, and this Council does hereby find, order, and determine as follows:
1. The Director of Public Works of said City has certified the work done by Alcal Specialty
Contracting, Inc. under the terms of its contract with the City dated August 5, 2024, has been
completed in accordance with the plans and specifications approved by the City Council and to
the satisfaction of the Director of Public Works.
2. Said work is particularly described as City Project No. 86060
3. Said work be and the same hereby is accepted.
__________________________
Peter Stevenson, Mayor
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I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, do hereby certify that
the foregoing Resolution was introduced at a regular meeting of the City Council held on the
15th day of September, 2025, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
__________________________
Meaghan Hassel Shearer, City Clerk
116
DATE :
5 - FINAL PAYMENT FOR THE MONTH OF :
CONTRACT ORDER #323725
*************************************************************************************************************************************************************************************************************************************************************************************************ITEM ::UNIT :BID :UNIT :BID :QUANTITY ::AMOUNT :PREVIOUS :AMOUNT
#:ITEM DESCRIPTION :PRICE :QUANTITY :SIZE :AMOUNT :TO DATE ::TO DATE :PAID :THIS PMT.
*************************************************************************************************************************************************************************************************************************************************************************************************1 :General Conditions :5,000.00$ :1 :LS :5,000.00$ :1.00 ::5,000.00$ :5,000.00$ :-$
2 :Remove Existing Roof :40,000.00$ :1 :LS :40,000.00$ :1.00 ::40,000.00$ :40,000.00$ :-$
3 :Repair Existing Roof Deck :1,000.00$ :1 :LS :1,000.00$ :1.00 ::1,000.00$ :1,000.00$ :-$
4 :Replace Roof with SBS Modified Bitumen Roof :506,958.00$ :1 :LS :506,958.00$ :1.00 ::506,958.00$ :506,958.00$ :-$
5 :Remove Existing Skylight,Install SBS Modified Bitumen Roof :5,000.00$ :1 :LS :5,000.00$ :1.00 ::5,000.00$ :5,000.00$ :-$
SUBTOTAL 557,958.00$ 557,958.00$ :557,958.00$ :-$
PROJECT TOTAL 557,958.00$ 557,958.00$ 557,958.00$ -$
CHANGE ORDERS :CCO UNIT :CCO :UNIT :BID :QUANTITY ::AMOUNT :PREVIOUS :AMOUNT
#:DESCRIPTION :PRICE :QUANTITY :SIZE :AMOUNT :TO DATE ::TO DATE :PAID :THIS PMT.
*************************************************************************************************************************************************************************************************************************************************************************************************
1 Install Dens Deck on Walls $10,991.00 1 LS $10,991.00 1 10,991.00$ 10,991.00$
2 Install Additional Tapered Insulation $5,117.00 1 LS $5,117.00 1 5,117.00$ 5,117.00$
CHANGE ORDERS TOTAL $16,108.00 16,108.00$ 16,108.00$ :-$ :16,108.00$
DEDUCTIONS:
DATE
PREPARED BY: MARIE GALVIN 8/28/2025 SUBTOTAL ***********************************************574,066.00$ :557,958.00$ :16,108.00$
LESS FIVE (5%) PERCENT RETENTION (28,703.30)$ :(27,897.90)$ :(805.40)$
CHECKED BY: ****************************************************************-------------------------------:------------------------------:-----------------------------------
APPROVED BY SUBTOTAL WITHOUT DEDUCTIONS 545,362.70$ :530,060.10$ :15,302.60$
AMOUNT DUE FROM CONTRACTOR -$ :-$ :-$
***************************************************************-------------------------------:------------------------------:-----------------------------------
TOTAL THIS PERIOD *******************************545,362.70$ :530,060.10$ :15,302.60$
****************************************************************==================:=================:====================
CITY PROJECT NO. 86060
CITY OF BURLINGAMECONTRACTOR: Alcal Specialty Contracting
ADDRESS: 4950 Osgood Rd
Fremont, CA 94539-5627
July 9, 2025
PAYMENT NO.June
POLICE DEPARTMENT ROOF REPLACEMENT PROJECT
117
118
119
PROJECT LOCATION MAP
CITY OF BURLINGAME POLICE
DEPARTMENT
POLICE DEPARTMENT ROOF
REPLACEMENT PROJECT
CITY PROJECT NO. 86060
120
1
STAFF REPORT
AGENDA NO: 9f
MEETING DATE: September 15, 2025
To: Honorable Mayor and City Council
Date: September 15, 2025
From: Syed Murtuza, Director of Public Works – (650) 558-7230
Andrew Yang, Senior Civil Engineer – (650) 558-7230
Subject: Adoption of Resolutions Supporting the Submission of Grant Applications
for the Old Bayshore Highway Complete Streets Project and the Peninsula
Corridor Multimodal Complete Streets Improvement Project Under the San
Mateo County Transportation Authority (SMCTA) Measure A & W Highway
Program
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolutions supporting the submission
of grant applications for the Old Bayshore Highway Complete Streets Project and the Peninsula
Corridor Multimodal Complete Streets Improvement Project under the San Mateo County
Transportation Authority (SMCTA) Measure A & W Highway Program.
BACKGROUND
On July 11, 2025, the SMCTA issued a Call for Projects (CFP) under the Measure A & W Highway
Program, with an application submittal deadline of September 12, 2025. Under this program,
agencies may apply for funding to support congestion relief, safety, and multimodal improvements
along countywide significant corridors.
As part of the application process, the sponsoring agency must submit a governing board resolution
supporting the project application and certifying the required non-supplantation of funds. The
resolution must be on the agenda to be adopted prior to September 12, 2025.
DISCUSSION
Old Bayshore Highway Complete Streets Project
The Old Bayshore Highway Complete Streets Project is a transformative corridor improvement
effort spanning from Millbrae Avenue to Broadway. Serving as a key connector to San Francisco
International Airport (SFO), the Millbrae Multimodal Transit Center, and a dense hub of hotels, life
science campuses, and offices, the corridor is vital to the economic vitality of Burlingame and San
Mateo County.
121
SMCTA Measure A & W Grant Applications September 15, 2025
2
Despite its importance, the corridor faces recurring congestion, flooding, outdated infrastructure,
and safety challenges for all users. This project proposes a comprehensive redesign to enhance
mobility, safety, and climate resilience through multimodal improvements, modernized
infrastructure, and streetscape enhancements.
The project will strengthen regional connectivity, support sustainable growth, and improve quality
of life for residents, workers, and visitors. The project scope of work includes the following:
Class IV protected bikeways and widened ADA-compliant sidewalks
Enhanced intersections and high visibility pedestrian crossings to reduce collisions
along the corridor, which is identified as a High Injury Network in the San Mateo County
Local Roadway Safety Plan
Green infrastructure and stormwater upgrades to improve flood resilience and
coordinate with sea level rise resiliency planning efforts
Improved transit stops and pedestrian-scale lighting to strengthen multimodal access
Street and pedestrian lighting Improvements along the corridor
Landscaping and streetscape improvements
Installation of San Francisco Bay Trail wayfinding signage along the corridor
Complete roadway reconstruction to address pavement rehabilitation
The City is requesting $20 million in Measure A and Measure W funds, supplemented by $4 million
in local matching funds, for a total estimated project cost of $24 million. If awarded, these funds will
enable the City to complete environmental clearance, advance final design (Plans, Specifications
& Estimates), and proceed with construction of the Old Bayshore Highway corridor improvements.
The City has already completed feasibility studies and conducted extensive community outreach,
which led to the selection of a preferred alternative that reflects strong public support. For additional
project details, please visit the City’s project webpage at https://www.burlingame.org/896/Old-
Bayshore-Highway-Corridor-Feasibilit.
Peninsula Corridor Multimodal Complete Streets Improvement Project
The Cities of Burlingame and San Mateo have been working in close partnership to enhance the
Peninsula Avenue corridor. This collaboration has focused on both immediate and long-term
improvements. In the short term, each City has implemented quick-build projects to address
pressing safety and mobility needs. Looking ahead, both agencies are jointly advancing the
planning and design of long-term infrastructure improvements to ensure a cohesive and sustainable
corridor for the future.
The Peninsula Avenue Corridor Multimodal Complete Streets Improvement Project is a critical
planning initiative that will lay the foundation for future corridor improvements to enhance safety,
mobility, and connectivity. The corridor, centered along Peninsula Avenue between El Camino Real
and Coyote Point Drive, links residential neighborhoods with Caltrain, schools, parks, and regional
trail systems, serving thousands of daily travelers in Burlingame and San Mateo. The street is jointly
owned from El Camino Real to Humboldt Road, and the Cities of Burlingame and San Mateo will
co-sponsor the grant application.
122
SMCTA Measure A & W Grant Applications September 15, 2025
3
Despite its importance as an east–west connector, Peninsula Avenue faces longstanding
challenges, including significant traffic safety concerns, outdated traffic signals, constrained
pedestrian facilities, and lack of bicycle infrastructure. The corridor is identified in the San Mateo
County High Injury Network of roadways. The proposed planning effort will comprehensively
evaluate and build community consensus around solutions by advancing:
Multimodal street designs that improve safety and comfort for pedestrians and cyclists
Signal optimization and intersection enhancements to reduce collisions and congestion
Green stormwater infrastructure to support environmental sustainability
Pavement rehabilitation and corridor re-paving to address deteriorating conditions.
If awarded, Measure A & W funds will allow Burlingame and San Mateo to conduct community
outreach, complete environmental review, and develop preliminary design alternatives that set the
stage for future capital projects addressing multimodal safety and mobility needs along the
Peninsula Avenue corridor.
FISCAL IMPACT
Old Bayshore Highway Complete Streets Project
The estimated total project cost is approximately $24 million. Staff is requesting $20 million in
Measure A & W Highway Program grant funds, with the remaining $4 million to be provided through
local match sources, including Burlingame’s General Fund, Sales Tax, SB 1, and Development
Impact Fees. If awarded, additional funds will be requested at the next fiscal year Capital
Improvement Program cycle.
Peninsula Avenue Multimodal Complete Streets Project
The estimated total project cost for planning and preliminary engineering is $1.5 million. Burlingame
and San Mateo are jointly requesting $1.125 million in Measure A & W Highway Program funds,
with the remaining $375,000 to be provided through both agencies’ local matching funds.
Burlingame’s share of the local match is estimated at $130,000, while San Mateo’s local matching
share is estimated at $245,000.
All awarded funds will supplement, and not supplant, existing City funding sources.
Exhibits:
Resolution - Old Bayshore Highway Complete Streets Project
Resolution - Peninsula Corridor Multimodal Complete Streets Improvement Project
Current Conditions and Renderings - Old Bayshore Highway Complete Streets Project
Project Location Maps - Old Bayshore Highway Complete Streets Project
Project Location Map - Peninsula Corridor Multimodal Complete Streets Improvement Project
123
1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME SUPPORTING
THE OLD BAYSHORE HIGHWAY COMPLETE STREETS PROJECT AND AUTHORIZING
SUBMITTAL OF AN APPLICATION FOR THE SAN MATEO COUNTY TRANSPORTATION
AUTHORITY’S 2025 MEASURE A AND MEASURE W HIGHWAY PROGRAM CALL FOR
PROJECTS
WHEREAS, Old Bayshore Highway is a critical regional connector serving San Francisco
International Airport, the Millbrae Multimodal Transit Center, and a dense concentration of hotels,
offices, and life science developments; and
WHEREAS, the corridor currently suffers from severe congestion, frequent flooding, and
an outdated roadway design that lacks safe facilities for people walking, biking, or using transit ;
and
WHEREAS, the City of Burlingame (Sponsor) has proposed the Old Bayshore Highway
Complete Streets Project to comprehensively modernize the corridor with Class IV protected
bikeways, ADA-compliant sidewalks, enhanced crossings, stormwater and sea level rise
upgrades, and improved transit stops, thereby increasing person-throughput, improving safety,
and supporting equitable access for workers and visitors; and
WHEREAS, the estimated cost to implement the project scope (environmental clearance,
design, and construction) is approximately $24M, of which the City seeks $20M in Measure A and
W Highway Program funds, with the remaining costs to be covered by a combination of local and
other leveraged sources; and
WHEREAS, the San Mateo County Transportation Authority (TA) issued a Call for
Projects for the 2025 Measure A and Measure W Highway Program on July 11, 2025; and
WHEREAS, the TA requires the Sponsor's governing board to adopt a resolution:
1. Supporting the Project and application for $20M in TA Measures A and W Highway
Program funds for the Project;
2. Committing the Sponsor to begin work within one year of an award and to the
completion of the requested scope of work for the Project, including the commitment
of matching funds in the amount of $4M needed for implementation;
3. Certifying that any funds awarded by the TA will be used to supplement existing funds
for program activities, and will not replace existing funds or resources; and
4. If funds are awarded, authorize the City Manager, or designee, to sign a supplemental
agreement and any amendments of the TA’s Primary Grant Agreement with the TA
and to take any other actions necessary to implement this resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Burlingame:
124
2
1. Directs staff to submit an application to the San Mateo County Transportation Authority for
$20M in Measure A and W Highway Program funds for the Old Bayshore Highway Complete
Streets Project;
2. Authorizes the City Manager, or designee, to execute a supplemental agreement and any
amendments with the TA to encumber Measure A and W Highway Program funds;
3. Commits to completing the Project, including contributing $4M of matching funds needed for
the requested Project’s scope of work implementation, if the requested TA funds are awarded;
4. Certifies that any funds awarded by the TA will be used to supplement existing funds for
program activities, and will not replace existing funds or resources; and
5. Authorizes the City Manager, or designee, to take any other actions necessary to give effect
to this resolution and execute applicable amendments.
* * * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Burlingame, California, held on the ____ day of __________, 2025, by the following vote:
AYES: Councilmembers _______
NOES: Councilmembers ______
ABSENT: Councilmembers ______
ABSTAIN: Councilmembers _______
_____________________________
Peter Stevenson, Mayor
ATTEST:
______________________________
Meaghan Hassel-Shearer, City Clerk
125
1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME SUPPORTING
THE PENINSULA CORRIDOR MULTIMODAL COMPLETE STREETS IMPROVEMENT
PROJECT AND AUTHORIZING SUBMITTAL OF AN APPLICATION FOR THE SAN MATEO
COUNTY TRANSPORTATION AUTHORITY’S 2025 MEASURE A AND MEASURE W
HIGHWAY PROGRAM CALL FOR PROJECTS
WHEREAS, Peninsula Avenue is a vital east–west corridor connecting El Camino Real to
Coyote Point Drive, providing access to Caltrain, regional trails, schools, parks, and
neighborhoods in both Burlingame and San Mateo; and
WHEREAS, the corridor experiences recurring congestion, safety concerns at multiple
intersections, outdated signal operations, and inadequate pedestrian and bicycle facilities; and
WHEREAS, the Cities of Burlingame and San Mateo (Sponsors) have proposed the
Peninsula Corridor Multimodal Complete Streets Improvement Project to initiate planning,
community outreach, environmental review, and preliminary design for multimodal upg rades,
including enhanced pedestrian and bicycle facilities, signal optimization, green stormwater
infrastructure, and repaving; and
WHEREAS, the estimated cost to implement the project planning scope is approximately
$1.5M, of which the Sponsors seek $1.125M in Measure A and W Highway Program funds, with
the remaining costs to be covered by a combination of local and other leveraged sources; and
WHEREAS, the San Mateo County Transportation Authority (TA) issued a Call for
Projects for the 2025 Measure A and Measure W Highway Program on July 11, 2025; and
WHEREAS, the TA requires the Sponsor's governing board to adopt a resolution:
1. Supporting the Project and application for $1.125M in TA Measures A and W Highway
Program funds;
2. Committing the Sponsors to begin work within one year of an award and to the
completion of the requested scope of work for the Project, including the commitment
of matching funds in the amount of $375K needed for implementation. Burlingame’s
share of the local match is $130k;
3. Certifying that any funds awarded by the TA will be used to supplement existing funds
for program activities, and will not replace existing funds or resources; and
4. If funds are awarded, authorize the City Manager, or designee, to sign a supplemental
agreement and any amendments of the TA’s Primary Grant Agreement with the TA
and to take any other actions necessary to implement this resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Burlingame:
126
2
1. Directs staff to submit an application to the San Mateo County Transportation Authority
for $1.5M in Measure A and W Highway Program funds for the Peninsula Corridor
Multimodal Complete Streets Improvement Project;
2. Authorizes the City Manager, or designee, to execute a supplemental agreement and
any amendments with the TA to encumber Measure A and W Highway Program funds;
5. Commits to completing the Project, including contributing $375K of matching funds
needed for the requested Project’s scope of work implementation; Burlingame’s share
of the local match is $130k; if the requested TA funds are awarded;
3. Certifies that any funds awarded by the TA will be used to supplement existing funds
for program activities, and will not replace existing funds or resources; and
4. Authorizes the City Manager, or designee, to take any other action necessary to give
effect to this resolution and execute applicable amendments.
* * * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Burlingame, California, held on the ____ day of __________, 2025, by the following vote:
AYES: Councilmembers _______
NOES: Councilmembers _______
ABSENT: Councilmembers _______
ABSTAIN: Councilmembers _______
____________________________
Peter Stevenson, Mayor
ATTEST:
______________________________
Meaghan Hassel-Shearer, City Clerk
127
Old Bayshore Complete Streets
Current Conditions & Renderings
Note: This is only intended to show an example of potential improvements,
and does not depict the actual improvements.
128
Old Bayshore Highway Midblock Crossing
Current Condition and Rendering
Note: This is only intended to show an example of potential improvements,
and does not depict the actual improvements.
129
Old Bayshore Highway Intersection
Current Condition and Rendering
Note: This is only intended to show an example of potential improvements,
and does not depict the actual improvements.
130
MAHLER RDMABAY LANDING
0
BAYSHORE
EXEGUTIVEOFFICES
MILLS CREERJRLWAY RDSENRANA
BURLWAY RDENTERPRISERENT A-CAR
B
EASTON CREEKLIMIT OF WORK
SEE ENLARGEMENT PLAN, BAYSHORE BLVD, SHEET 3
SAN FRANCISCO
BAY
SEE ENLARGEMENT PLAN, BAYTRAIL ACCESS AND NEW DEVELOPMENT, SHEET 11
HOUDAYINN
EXPRESS
ENTRY PLAZA AT SOUTH END
RIGHT OF WAY DEDICATION
AS NEEEDED FOR ADDED
BIKE LANE AND WIDENED
SIDEWALK
OLD BAYSHORE
HIGHWAY AIRPORTBBLVDNORTH-BOUND SMARTCORRIDOR
CLASS II BUFFERED
BIKE LANE
TO DOWNTOWN/
CALTRAIN 15 MI.
TO BART/ CALTRAN 0.8 MI
OLD BAYSHORE HIGHWAY
LIMIT OF WORK
ENTRY PLAZA AT NORTH
END
GATEWAY SIGN
ECITY OFPORT MLBRAOCANYOTORVALHERTZ
WANSAN FRANCISCO
BAY
RIOT
BURLINGAME
OFFICE CENTE
E ENLARGEMENT PLAN
BAYTRAIL ACCESS AND
EXISTING DEVELOPMENT
SHEET 7
LEGEND
SIDEWALK
NEW ASPHALT
NEW FEATURE TRE
NEW STREET TREE
NEW TRAIL TREE
CROSSWALK
PLANTING STRIP
B
DRIVEWAY/ CURB CUT
BUS PULL-OUT WITH SHARED CYCLE
TRACK LOADING PLATFORM
BIKE LANE WITH HIGH VISIBILITY PAINT
BUS STOP WITH SHELTER AND SEATING
BUS LOADING ZONE
HI-LOW LIGHT
PEDESTRIAN LIGHT
MEDIAN PLANTING
OLD BAYSHORE
P
......BAY TRAIL DESIGNATED PARKING
12' WIDE ASPHALT BAYTRAIL AT EXISTING DEVELOPMENT
12' BAYTRAIL WITH 3' SHOULDERS AT NEW DEVELOPMENT
VERTICAL ACCESS TO BAY TRAIL
EXISTING PEDESTRIAN BRIDGE
POCKET PARK/ SEATING NODE ALONG BAY TRAIL
ENHANCED ACCESS POINT WITH BAY TRAIL STANDARD
DIRECTIONAL SIGNAGE. ENHANCED PAVEMENT,
PLANTING AND SITE FURNISHINGS ARE ENCOURAGED
EXISTING TREE CANOPY
NEW PEDESTRIAN BRIDGE
PREFERRED PLAN
HIGHWAY MULTI-MODAL CORRIDOR
Burlingame, California
VISION
50' 100 200
SHEET 1
Oct 4, 2021
19016_PreferredPlan.indd
PROJECT LOCATION MAPS
Old Bayshore Highway Complete Streets Project
131
LIMIT OF WORK
ENTRY PLAZA AT NORTH
END
GATEWAY SIGN
TO BART/ CALTRAN 0.8 MI.
OLD BAYSHORE HIGHWAY
HERTZ
OWAN RSAN FRANCISCo
BAY
SEE ENLARGEMENT PLAN
BAYTRAIL ACCESS AND
EXISTING DEVELOPMENT,
SHEET 7
AMPTON
MARRIOTT
BURLINGAME
VAGABONI
LEGEND
SIDEWALK
NEW ASPHALT
NEW FEATURE TREE
NEW STREET TREE
NEW TRAIL TREE
CROSSWALK
PLANTING STRIP
MEDIAN PLANTING
B
DRIVEWAY/ CURB CUT
BUS PULL-OUT WITH SHARED CYCLE
LOADING PLATFORM
BIKE LANE WITH HIGH VISIBILITY PAINT
BUS STOP WITH SHELTER AND SEATING
BUS LOADING ZONE
HI-LOW LIGHT
PEDESTRIAN LIGHT
BAY TRAIL DESIGNATED PARKINGP POCKET PARK/ SEATING NODE ALONG BAY TRAIL
12' WIDE ASPHALT BAYTRAIL AT EXISTING DEVELOPMENT
ENHANCED ACCESS POINT WITH BAY TRAIL STANDARD
12' BAYTRAIL WITH 3' SHOULDERS AT NEW DEVELOPMENT DIRECTIONAL SIGNAGE. ENHANCED PAVEMENT,
PLANTING AND SITE FURNISHINGS ARE ENCOURAGED
EXISTING TREE CANOPY
------VERTICAL ACCESS TO BAY TRAIL
EXISTING PEDESTRIAN BRIDGE
NEW PEDESTRIAN BRIDGE
PREFERRED PLAN
OLD BAYSHORE HIGHWAY MULTI-MODAL CORRIDOR VISION
Burlingame, California
50 100 200
SHEET 1
Oct 4, 2021
19016 PreferredPlan.indd
132
P BAY LANDING
В
P
MAHLER RDfri
B
BAYSHORE
EXEGUIIVEFFICES
MILLS CREEKBENIHANA
B
BURLWAY RBURLWAY RDB
ENTERPRISE
RENT A-CAR
YAT
REGENCY
B
B
SEE ENLARGEMENT PLAN, BAYSHORE BLVD, SHEET 3
EASASTON CREEKLIMIT OF WORK
SAN FRANCISCO
BAY
NLARGEMENT AIL ACCESS AND NEW DEVELOPMENT, SHEET 11
HOLIDAYINN
EXPRESS
ENTRY PLAZA AT SOUTH END
RIGHT OF WAY DEDICATION
AS NEEEDED FOR ADDED
BIKE LANE AND WIDENED
SIDEWALK
OLD BAYSHORE
HIGHWAY AIRPORT BLVCORRIDORUNDNORTH-BOUND SMART
CLASS II BUFFERED
BIKE LANE
TO DOWNTOWN/
CALTRAIN 1.5 MI.133
Peninsula Corridor Multimodal Complete Streets Improvement Project
134
1
STAFF REPORT
AGENDA NO: 9g
MEETING DATE: September 15, 2025
To: Honorable Mayor and City Council
Date: September 15, 2025
From: Syed Murtuza, Director of Public Works – (650) 558-7230
Andrew Yang, Senior Civil Engineer – (650) 558-7271
Subject: Adoption of a Resolution Awarding a $443,645.80 Construction Contract to
JJR Construction, Inc. for the Occidental Avenue Bicycle and Pedestrian
(Traffic Calming) Improvements, City Project No. 86650, and Authorizing the
City Manager to Execute the Construction Contract
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution awarding a $443,645.80
construction contract to JJR Construction, Inc. for the Occidental Avenue Bicycle and Pedestrian
(Traffic Calming) Improvements, City Project No. 86650, and authorizing the City Manager to
execute the Construction Contract.
BACKGROUND
On August 4, 2022, the San Mateo County Transportation Authority (SMCTA) issued a Call for
Projects (CFP) under the Measure A and Measure W Pedestrian and Bicycle Programs,
announcing the availability of up to $21.8 million in funds for local projects that support walking and
biking in San Mateo County. The City submitted a competitive grant application for the Occidental
Avenue Bicycle and Pedestrian Improvements Project and was awarded $435,000 of Measure A
and Measure W funds. The grant funds were primarily approved for the construction phase of the
project. City local matching funds in the amount of $180,000 are being utilized for the project
development, community outreach, project design, and for a portion of the construction phase.
Community Engagement and Design Review Process
Throughout the project development phase, staff has actively engaged with the affected community
to ensure their voices are heard and incorporated into the planning process. As part of this
outreach, the City held community workshops on November 15, 2023, and March 27, 2024,
providing residents with the opportunity to share their input and priorities regarding the proposed
Occidental Avenue bicycle, pedestrian, and traffic calming improvements.
In addition, staff presented design alternatives to the Traffic, Safety and Parking Commission
(TSPC) on August 8, 2024, and December 12, 2024, and received community feedback and input.
These presentations focused on exploring strategies to enhance intersection safety and pedestrian
135
Resolution Awarding a Construction Contract for the Occidental Avenue September 15, 2025
Bicycle and Pedestrian Improvements, City Project No. 86650
2
accessibility while gathering valuable feedback from the Commission to help refine the project’s
scope.
The project scope of work includes the installation of pedestrian safety enhancements and traffic
calming measures at the intersections of Chapin Avenue, Burlingame Avenue, and Ralston
Avenue. Key improvements consist of:
Construction of new pedestrian refuge islands for pedestrian safety
Installation of ADA (Americans with Disability Act) accessible curb ramps
Roadway striping modifications to improve visibility, traffic flow, and traffic calming
Installation of high visibility crosswalks to enhance pedestrian crossings
Installation of two new stop signs at Occidental Ave. and Chapin Ave. to make it all-way
stop intersection, and
Installation of speed feedback radar signs.
In addition, the project will deliver Class III-B bicycle facilities (green sharrows striping and
associated signage) along Occidental Avenue, spanning from Bellevue Avenue to Barroilhet
Avenue, to support safer and more accessible bicycle travel.
DISCUSSION
The City issued a Notice Inviting Bids on August 11, 2025, and received 10 sealed proposals from
prospective contractors by the bid opening date of August 28, 2025. Bid amounts ranged from
$443,645.80 to $836,810.00. JJR Construction, Inc. submitted the lowest responsive and
responsible bid in the amount of $443,645.80, which is approximately 29% below the engineer’s
estimate of $621,318.50. The difference is largely due to lower pricing in the construction support
items, including the mobilization and stormwater pollution control, which can vary depending on
contractor methods and resources. Other bid items were consistent with industry standards and
comparable proposals, confirming the bid reflects the full project scope.
JJR Construction, Inc. has satisfied all the project requirements and has a proven track record of
delivering successful projects for the City of Burlingame and neighboring jurisdictions. Based on
staff analysis, the bid is reasonable and provides favorable pricing for the City.
FISCAL IMPACT
Estimated Project Expenditures:
The following are the estimated project construction expenditures:
Construction $443,646
Construction Management and Inspection $67,000
Construction Contingencies (15%) $76,597
Engineering Administration and Staff Time $67,757
Total (Rounded) $655,000
136
Resolution Awarding a Construction Contract for the Occidental Avenue September 15, 2025
Bicycle and Pedestrian Improvements, City Project No. 86650
3
Funding Availability:
CIP 329-86650 – Occidental Ave Bike & Ped Improvements $400,000
CIP 329-86970 – 2025 Street Resurfacing Program $255,000
Total $655,000
Sufficient funding is available in the Streets Capital Improvement Project budget to fully cover the
cost of the project. The project is funded by a combination of funding sources, including Measure
A & W Grants, Measure I, Gas Tax revenues, and SB 1 funds.
Exhibits:
Resolution
Bid Summary
Construction Contract
Project Location Map
137
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AWARDING
A CONSTRUCTION CONTRACT FOR OCCIDENTAL AVENUE BICYCLE AND
PEDESTRIAN IMPROVEMENTS TO JJR CONSTRUCTION, INC.
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION
CONTRACT IN THE AMOUNT OF $443,645.80
CITY PROJECT NO. 86650
WHEREAS, on August 11, 2025, the City issued notice inviting bid proposals for the
Occidental Avenue Bicycle and Pedestrian Improvements, City Project No. 86650; and
WHEREAS, on August 28, 2025, all proposals were received and opened before the City
Clerk and representatives of the Public Works Department; and
WHEREAS, JJR Construction, Inc. submitted the lowest responsible bid for the job in the
amount of $443,645.80.
NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the Plans and
Specifications, including all addenda, are approved and adopted; and
BE IT FURTHER RESOLVED that the bid of JJR Construction, Inc. for said project in the
amount of $443,645.80, and the same hereby is accepted; and
BE IT FURTHER RESOLVED THERETO that a contract, in the form attached hereto, be
entered into between the successful bidder hereinabove referred to and the City of Burlingame for
the performance of said work, and that the City Manager is authorized on behalf of the City of
Burlingame to execute said contract and to approve the faithful performance bond and the labor
materials bond required to be furnished by the contractor.
____________________
Peter Stevenson, Mayor
I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 15th day of September,
2025, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________
Meaghan Hassel Shearer, City Clerk
138
City of BurlingameBid Results for Project Occidental Avenue Bicycle & Pedestrian Improvements, City Project No. 86650Issued on 08/11/2025Bid Due on August 28, 2025 2:00 PM (PDT)Exported on 08/28/2025Item NumDescriptionUnit of MeasureQuantityUnit PriceLine TotalUnit PriceLine TotalUnit PriceLine TotalUnit PriceLine TotalUnit PriceLine TotalUnit Price Line TotalUnit PriceLine TotalUnit PriceLine TotalUnit PriceLine TotalUnit PriceLine TotalUnit PriceLine Total1MobilizationLS1$56,483.50$56,483.50$5,000.00$5,000.00$25,000.00$25,000.00$25,000.00$25,000.00$22,800.00$22,800.00$64,000.00$64,000.00$20,000.00$20,000.00$15,000.00$15,000.00$30,000.00$30,000.00$94,017.00$94,017.00$60,000.00$60,000.002Traffic ControlLS1$50,000.00$50,000.00$15,000.00$15,000.00$22,000.00$22,000.00$35,000.00$35,000.00$48,800.00$48,800.00$43,000.00$43,000.00$57,350.00$57,350.00$50,000.00$50,000.00$65,000.00$65,000.00$57,300.00$57,300.00$157,000.00$157,000.003Water Pollution Control (SWPPP)LS1$30,000.00$30,000.00$500.00$500.00$2,500.00$2,500.00$4,000.00$4,000.00$3,000.00$3,000.00$8,000.00$8,000.00$4,000.00$4,000.00$3,000.00$3,000.00$10,000.00$10,000.00$17,522.00$17,522.00$5,000.00$5,000.004Clearing and GrubbingLS1$5,000.00$5,000.00$7,000.00$7,000.00$4,090.00$4,090.00$12,000.00$12,000.00$15,840.00$15,840.00$16,000.00$16,000.00$1,000.00$1,000.00$15,000.00$15,000.00$7,000.00$7,000.00$15,000.00$15,000.00$25,000.00$25,000.005Roadway Excavation (F)CY130$250.00$32,500.00$300.00$39,000.00$200.00$26,000.00$170.00$22,100.00$180.00$23,400.00$250.00$32,500.00$345.00$44,850.00$310.00$40,300.00$450.00$58,500.00$621.60$80,808.00$312.00$40,560.006Hot Mix Asphalt (Type A)TON130$300.00$39,000.00$185.00$24,050.00$310.00$40,300.00$350.00$45,500.00$388.00$50,440.00$390.00$50,700.00$609.00$79,170.00$176.00$22,880.00$350.00$45,500.00$295.00$38,350.00$500.00$65,000.007A.C. OverlayTON190$300.00$57,000.00$260.00$49,400.00$170.00$32,300.00$330.00$62,700.00$388.00$73,720.00$195.00$37,050.00$303.00$57,570.00$176.00$33,440.00$400.00$76,000.00$227.00$43,130.00$300.00$57,000.008Cold Plane A.C.C.Y.100$190.00$19,000.00$207.00$20,700.00$320.00$32,000.00$140.00$14,000.00$118.00$11,800.00$370.00$37,000.00$152.00$15,200.00$200.00$20,000.00$500.00$50,000.00$252.00$25,200.00$248.00$24,800.009Adjust ManholesEACH1$1,300.00$1,300.00$1,320.00$1,320.00$1,400.00$1,400.00$1,500.00$1,500.00$3,078.00$3,078.00$3,200.00$3,200.00$5,000.00$5,000.00$1,000.00$1,000.00$2,800.00$2,800.00$1,000.00$1,000.00$1,500.00$1,500.0010Adjust ValvesEACH4$1,000.00$4,000.00$935.00$3,740.00$1,500.00$6,000.00$1,300.00$5,200.00$3,088.00$12,352.00$455.00$1,820.00$3,000.00$12,000.00$850.00$3,400.00$1,200.00$4,800.00$600.00$2,400.00$400.00$1,600.0011Minor Concrete (Caltrans Type A1-6 Curb)LF540$80.00$43,200.00$37.92$20,476.80$45.00$24,300.00$80.00$43,200.00$68.00$36,720.00$52.00$28,080.00$82.00$44,280.00$40.00$21,600.00$71.00$38,340.00$69.75$37,665.00$115.00$62,100.0012Detectable Warning Surface (Cast-In-Place)SF265$45.00$11,925.00$36.50$9,672.50$40.00$10,600.00$90.00$23,850.00$78.00$20,670.00$65.00$17,225.00$30.00$7,950.00$42.50$11,262.50$52.00$13,780.00$58.00$15,370.00$100.00$26,500.0013Detectable Warning Surface (Surface Applied)SF65$80.00$5,200.00$50.00$3,250.00$50.00$3,250.00$90.00$5,850.00$78.00$5,070.00$65.00$4,225.00$58.00$3,770.00$60.00$3,900.00$58.00$3,770.00$64.00$4,160.00$100.00$6,500.0014Minor Concrete (6" Curb w/ 1.5' Gutter)LF185$120.00$22,200.00$66.50$12,302.50$80.00$14,800.00$85.00$15,725.00$88.00$16,280.00$95.00$17,575.00$45.00$8,325.00$70.50$13,042.50$90.00$16,650.00$64.00$11,840.00$130.00$24,050.0015Minor Concrete (Sidewalk and Passageway)SF1000$50.00$50,000.00$25.95$25,950.00$30.00$30,000.00$23.00$23,000.00$24.00$24,000.00$18.50$18,500.00$22.00$22,000.00$27.00$27,000.00$17.00$17,000.00$25.71$25,710.00$35.00$35,000.0016Minor Concrete (Curb Ramp)SF740$50.00$37,000.00$22.15$16,391.00$30.00$22,200.00$40.00$29,600.00$54.00$39,960.00$29.00$21,460.00$39.00$28,860.00$25.00$18,500.00$38.00$28,120.00$39.50$29,230.00$50.00$37,000.0017Remove Concrete (Sidewalk)SF420$15.00$6,300.00$10.00$4,200.00$47.00$19,740.00$14.00$5,880.00$34.00$14,280.00$6.50$2,730.00$60.00$25,200.00$423.00$177,660.00$6.00$2,520.00$18.50$7,770.00$15.00$6,300.0018Remove Concrete (Curb and Gutter)LF185$20.00$3,700.00$29.00$5,365.00$12.00$2,220.00$80.00$14,800.00$28.00$5,180.00$40.00$7,400.00$50.00$9,250.00$35.00$6,475.00$24.00$4,440.00$45.00$8,325.00$80.00$14,800.0019Engineered Rubber CurbLF210$50.00$10,500.00$110.00$23,100.00$110.00$23,100.00$108.00$22,680.00$108.00$22,680.00$132.00$27,720.00$115.00$24,150.00$105.00$22,050.00$135.00$28,350.00$121.00$25,410.00$10.00$2,100.0020Signing and StripingLS1$40,000.00$40,000.00$78,097.00$78,097.00$83,000.00$83,000.00$50,000.00$50,000.00$94,000.00$94,000.00$55,000.00$55,000.00$105,000.00$105,000.00$73,997.00$73,997.00$131,300.00$131,300.00$107,415.00$107,415.00$83,000.00$83,000.0021LandscapingLS1$32,500.00$32,500.00$22,031.00$22,031.00$54,000.00$54,000.00$25,000.00$25,000.00$15,384.00$15,384.00$76,000.00$76,000.00$32,000.00$32,000.00$29,700.00$29,700.00$23,700.00$23,700.00$45,950.00$45,950.00$58,000.00$58,000.0022Tree ProtectionLS1$20,000.00$20,000.00$1,500.00$1,500.00$2,500.00$2,500.00$5,000.00$5,000.00$8,000.00$8,000.00$2,000.00$2,000.00$4,000.00$4,000.00$3,000.00$3,000.00$6,000.00$6,000.00$6,313.00$6,313.00$4,000.00$4,000.0023IrrigationLS1$41,010.00$41,010.00$49,000.00$49,000.00$43,700.00$43,700.00$50,500.00$50,500.00$15,880.00$15,880.00$57,000.00$57,000.00$64,000.00$64,000.00$65,500.00$65,500.00$64,000.00$64,000.00$41,485.00$41,485.00$35,000.00$35,000.0024Plant Establishment Work (90-Days)LS1$3,500.00$3,500.00$6,600.00$6,600.00$1,700.00$1,700.00$7,000.00$7,000.00$3,000.00$3,000.00$5,000.00$5,000.00$7,000.00$7,000.00$5,000.00$5,000.00$7,100.00$7,100.00$1,650.00$1,650.00$5,000.00$5,000.00Subtotal$621,318.50$443,645.80$526,700.00$549,085.00$586,334.00$633,185.00$681,925.00$682,707.00$734,670.00$743,020.00$836,810.0010% contingency$62,131.85Total$683,450.35$443,645.80$526,700.00$549,085.00$586,334.00$633,185.00$681,925.00$682,707.00$734,670.00$743,020.00$836,810.00G. Bortolotto & Company, Inc. Sposeto Engineering, Inc. Galeb Paving, Inc. R&S Construction Management, Inc. Engineers Estimate JJR Construction, Inc. Interstate Grading & Paving, Inc. Zara Construction, Inc. Altor Construction, LLC CF Contracting, Inc. FBD Vanguard Construction, Inc.
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AGREEMENT - 1
AGREEMENT FOR PUBLIC IMPROVEMENT
OCCIDENTAL AVENUE BICYCLE AND PEDESTRIAN IMPROVEMENTS
CITY PROJECT NO. 86650
THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame,
County of San Mateo, State of California on , 2025 by and
between the CITY OF BURLINGAME, a Municipal Corporation, hereinafter called "City",
and ____________________________ a California Corporation, hereinafter called
"Contractor."
WITNESSETH:
WHEREAS, City has taken appropriate proceedings to authorize construction of
the public work and improvements herein provided for and to authorize execution of this
Contract; and
WHEREAS, pursuant to State law and City requirements, a notice was duly
published for bids for the contract for the improvement hereinafter described; and
WHEREAS, on September 15, 2025, after notice duly given, the City of Burlingame
awarded the contract for the construction of the improvements hereinafter described to
Contractor, which the City found to be the lowest responsive, responsible bidder for these
improvements; and
WHEREAS, City and Contractor desire to enter into this Agreement for the
construction of said improvements.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. Scope of work.
Contractor shall perform the work described in those Contract Documents entitled:
OCCIDENTAL AVENUE BICYCLE AND PEDESTRIAN IMPROVEMENTS
CITY PROJECT NO. 86650
2. The Contract Documents.
The complete contract between City and Contractor consists of the following
documents: this Agreement; Notice Inviting Sealed Bids, attached hereto as Exhibit A;
the accepted Bid Proposal, attached hereto as Exhibit B; the specifications, provisions,
addenda, complete plans, profiles, and detailed drawings contained in the bid documents
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AGREEMENT - 2
titled “Occidental Avenue Bicycle and Pedestrian Improvements, City Project No. 86650”
attached as Exhibit C; the State of California Standard Specifications 2010, as
promulgated by the California Department of Transportation; prevailing wage rates of the
State of California applicable to this project by State law; and all bonds; which are
collectively hereinafter referred to as the Contract Documents. All rights and obligations
of City and Contractor are fully set forth and described in the Contract Documents, which
are hereby incorporated as if fully set forth herein. All of the above described documents
are intended to cooperate so that any work called for in one, and not mentioned in the
other, or vice versa, is to be executed the same as if mentioned in all said documents.
3. Contract Price.
The City shall pay, and the Contractor shall accept, in full, payment of the work
above agreed to be done, the sum of four hundred forty three thousand, six hundred forty
five dollars and eighty cents ($443,645.80), called the “Contract Price”. This price is
determined by the lump sum and unit prices contained in Contractor's Bid. In the event
authorized work is performed or materials furnished in addition to those set forth in
Contractor's Bid and the Specifications, such work and materials will be paid for at the
unit prices therein contained. Said amount shall be paid in progress payments as
provided in the Contract Documents.
4. Termination
At any time and with or without cause, the City may suspend the work or any
portion of the work for a period of not more than 90 consecutive calendar days by notice
in writing to Contractor that will fix the date on which work will be resumed. Contractor
will be granted an adjustment to the Contract Price or an extension of the Time for
Completion, or both, directly attributable to any such suspension if Contractor makes a
claim therefor was provided in the Contract Documents.
The occurrence of any one or more of the following events will justify termination
of the contract by the City for cause: (1) Contractor’s persistent failure to perform the
work in accordance with the Contract Documents; (2) Contractor’s disregard of Laws or
Regulations of any public body having jurisdiction; (3) Contractor’s disregard of the
authority of the Engineer; or (4) Contractor’s violation in any substantial way of any
provision of the Contract Documents. In the case of any one or more of these events, the
City, after giving Contractor and Contractor’s sureties seven calendar days written notice
of the intent to terminate Contractor’s services, may initiate termination procedures under
the provisions of the Performance Bond. Such termination will not affect any rights or
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AGREEMENT - 3
remedies of City against Contractor then existing or that accrue thereafter. Any retention
or payment of moneys due Contractor will not release Contractor from liability. At the
City’s sole discretion, Contractor’s services may not be terminated if Contractor begins,
within seven calendar days of receipt of such notice of intent to terminate, to correct its
failure to perform and proceeds diligently to cure such failure within no more than 30
calendar days of such notice.
Upon seven calendar days written notice to Contractor, City may, without cause
and without prejudice to any other right or remedy of City, terminate the Contract for City’s
convenience. In such case, Contractor will be paid for (1) work satisfactorily completed
prior the effective date of such termination, (2) furnishing of labor, equipment, and
materials in accordance with the Contract Documents in connection with uncompleted
work, (3) reasonable expenses directly attributable to termination, and (4) fair and
reasonable compensation for associated overhead and profit. No payment will be made
on account of loss of anticipated profits or revenue or other economic loss arising out of
or resulting from such termination.
5. Provisions Cumulative.
The provisions of this Agreement are cumulative and in addition to and not in
limitation of any other rights or remedies available to the City.
6. Notices.
All notices shall be in writing and delivered in person or transmitted by certified
mail, postage prepaid.
Notices required to be given to the City shall be addressed as follows:
Andrew Yang, Senior Civil Engineer
City of Burlingame
501 Primrose Road
Burlingame, California 94010
(650) 558-7230
Notices required to be given to Contractor shall be addressed as follows:
Carlos Raposo
JJR Construction, Inc.
1120 North Avenue
San Mateo, CA 94402
(650) 343-6109
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AGREEMENT - 4
7. Interpretation
As used herein, any gender includes the other gender and the singular includes
the plural and vice versa.
8. Waiver or Amendment.
No modification, waiver, mutual termination, or amendment of this Agreement is
effective unless made in writing and signed by the City and the Contractor. One or more
waivers of any term, condition, or other provision of this Agreement by either party shall
not be construed as a waiver of a subsequent breach of the same or any other provision.
9. Controlling Law.
This Agreement is to be governed by and interpreted in accordance with the laws
of the State of California.
10. Successors and Assignees.
This Agreement is to be binding on the heirs, successors, and assigns of the
parties hereto but may not be assigned by either party without first obtaining the written
consent of the other party.
11. Severability.
If any term or provision of this Agreement is deemed invalid, void, or unenforceable
by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement
shall not be affected thereby and shall remain in full force and effect.
12. Insurance.
12.1 Time for Compliance. Contractor shall not commence Work under this
Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this Section. In addition, Contractor shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subcontractor has secured all insurance required under
this Section.
12.2 Minimum Requirements. Contractor shall, at its expense, procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the performance of
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AGREEMENT - 5
the Agreement by the Contractor, its agents, representatives, employees or
subcontractors. Contractor shall also require all of its subcontractors to procure and
maintain the same insurance for the duration of the Agreement. Such insurance shall
meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the
latest version of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance
Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance
as required by the State of California and Employer’s Liability Insurance. The policy shall
not contain any exclusion contrary to the Agreement, including but not limited to
endorsements or provisions limiting coverage for (1) contractual liability (including but not
limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured
against another.
(B) Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence and $2,000,000 aggregate for bodily
injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with general aggregate limit is used including, but not limited to, form CG 2503,
either the general aggregate limit shall apply separately to this Agreement/location or the
general aggregate limit shall be twice the required occurrence limit; (2) Automobile
Liability: $1,000,000 combined single limit for bodily injury and property damage; and (3)
Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as
required by the Labor Code of the State of California. Employer’s Liability limits of
$1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in
addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days
prior to the expiration of any such policy, evidence showing that such insurance coverage
has been renewed or extended shall be filed with the City. If such coverage is cancelled
or materially reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided through
another insurance company or companies. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not
replaced, the City has the right but not the duty to obtain the insurance it deems necessary
and any premium paid by the City will be promptly reimbursed by Contractor or the City
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AGREEMENT - 6
may withhold amounts sufficient to pay premium from Contractor payments. In the
alternative, the City may suspend or terminate this Agreement.
(D) Additional Insured. The City of Burlingame, its officials, officers, employees,
agents, and volunteers shall be named as additional insureds on Contractor’s and its
subcontractors’ policies of commercial general liability and automobile liability insurance
using the endorsements and forms specified herein or exact equivalents.
12.3 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed
(amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements
providing the exact same coverage, the City of Burlingame, its officials, officers,
employees, agents, and volunteers shall be covered as additional insured with respect to
the Services or ongoing and complete operations performed by or on behalf of the
Contractor, including materials, parts or equipment furnished in connection with such
work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage,
the insurance coverage shall be primary insurance as respects the City, its officials,
officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain
of coverage excess of the Contractor’s scheduled underlying coverage. Any excess
insurance shall contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of the City, before the City’s own primary insurance
or self-insurance shall be called upon to protect it as a named insured. Any insurance or
self-insurance maintained by the City, its officials, officers, employees, agents, and
volunteers shall be excess of the Contractor’s insurance and shall not be called upon to
contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the parties required to be named as additional insureds
pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be
endorsed (amended) to state that: (1) the City, its officials, officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Contractor or for which the Contractor is responsible; and (2) the
insurance coverage shall be primary insurance as respects the City, its officials, officers,
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AGREEMENT - 7
employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of
coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or
self-insurance maintained by the City, its officials, officers, employees, agents, and
volunteers shall be excess of the Contractor’s insurance and shall not be called upon to
contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the parties required to be named as additional insureds
pursuant to this Section 3.2.11.3(B).
(C) Workers’ Compensation and Employer’s Liability Coverage. The insurer
shall agree to waive all rights of subrogation against the City, its officials, officers,
employees, agents, and volunteers for losses paid under the terms of the insurance policy
which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this Agreement shall be
endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled
except after thirty (30) days (10 days for nonpayment of premium) prior written notice by
certified mail, return receipt requested, has been given to the City; and (B) any failure to
comply with reporting or other provisions of the policies, including breaches of warranties,
shall not affect coverage provided to the City, its officials, officers, employees, agents,
and volunteers. Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the City, its officials,
officers, employees, agents and volunteers, or any other additional insureds.
12.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation.
All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its officials, officers, employees, agents, and
volunteers. All policies shall waive any right of subrogation of the insurer against the City,
its officials, officers, employees, agents, and volunteers, or any other additional insureds,
or shall specifically allow Contractor or others providing insurance evidence in compliance
with these specifications to waive their right of recovery prior to a loss. Contractor hereby
waives its own right of recovery against City, its officials, officers, employees, agents, and
volunteers, or any other additional insureds, and shall require similar written express
waivers and insurance clauses from each of its subcontractors.
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AGREEMENT - 8
12.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. Contractor shall
guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officials, officers,
employees, agents, and volunteers; or (2) the Contractor shall procure a bond
guaranteeing payment of losses and related investigation costs, claims and administrative
and defense expenses.
12.6 Subcontractor Insurance Requirements. Contractor shall not allow
any subcontractors to commence work on any subcontract relating to the work under the
Agreement until they have provided evidence satisfactory to the City that they have
secured all insurance required under this Section. If requested by Contractor, the City
may approve different scopes or minimum limits of insurance for particular
subcontractors. The Contractor and the City shall be named as additional insureds on all
subcontractors’ policies of Commercial General Liability using ISO form 20 38, or
coverage at least as broad.
12.7 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating no less than A-:VIII, licensed to do business in California,
and satisfactory to the City.
12.8 Verification of Coverage. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage
on its behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The
City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
12.9 Reporting of Claims. Contractor shall report to the City, in addition to
Contractor’s insurer, any and all insurance claims submitted by Contractor in connection
with the Services under this Agreement.
13. Indemnification.
Contractor shall indemnify, defend, and hold the City, its directors, officers,
employees, agents, and volunteers harmless from and against any and all liability, claims,
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AGREEMENT - 9
suits, actions, damages, and causes of action arising out of, pertaining or relating to the
actual or alleged negligence, recklessness or willful misconduct of Contractor, its
employees, subcontractors, or agents, or on account of the performance or character of
the services, except for any such claim arising out of the sole negligence or willful
misconduct of the City, its officers, employees, agents, or volunteers. It is understood
that the duty of Contractor to indemnify and hold harmless includes the duty to defend as
set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for
any design professional services, the duty to defend and indemnify City shall be limited
to that allowed by state law. Acceptance of insurance certificates and endorsements
required under this Agreement does not relieve Contractor from liability under this
indemnification and hold harmless clause. This indemnification and hold harmless clause
shall apply whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
148
AGREEMENT - 10
IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting
of five pages, including this page, each of which counterparts shall for all purposes be
deemed an original of this Agreement, have been duly executed by the parties
hereinabove named on the day and year first hereinabove written.
CITY OF BURLINGAME,
a Municipal Corporation
By
Lisa K. Goldman, City Manager
Approved as to form:
Michael Guina, City Attorney
ATTEST:
Meaghan Hassel-Shearer, City Clerk
CONTRACTOR
By
Carlos Raposo
JJR Construction, Inc.
149
PROJECT LOCATION MAP
OCCIDENTAL AVENUE BICYCLE & PEDESTRIAN
IMPROVEMENTS, CITY PROJECT NO. 86650 -PROJECT LOCATIONSAN FRANCISCO BAY I FEET 1000 0 "' 1500 2000
EL CA
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OCCIDENTAL150
1
STAFF REPORT
AGENDA NO: 9h
MEETING DATE: September 15, 2025
To: Honorable Mayor and City Council
Date: September 15, 2025
From: Maria Saguisag-Sid, Human Resources Director – (650) 558-7209
Subject: Adoption of a Resolution Authorizing an Amendment to the Director of
Public Works Classification
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the amended Director of
Public Works classification.
BACKGROUND
The Director of Public Works oversees several divisions within the Public Works Department,
including engineering, facilities, streets, sewer, equipment and vehicle maintenance, water, and
wastewater. Recently, the current Director of Public Works announced his upcoming retirement at
the end of 2025. In preparation for the recruitment, staff reviewed the job classification, which was
last updated in July 2000. Upon review and comparison with similar positions in neighboring
agencies, staff noted that the current classification needs to be updated to reflect the current job
duties and qualifications.
DISCUSSION
Staff proposes updating the Director of Public Works job classification to clarify some of the duties,
revise some of the responsibilities, and update the minimum qualifications and license
requirements. These changes will better reflect the current needs of the department and allow staff
to recruit new employees with a better understanding of the job responsibilities.
Of specific note is the change in license requirements. Currently, one of the licenses the Director
of Public Works is required to have is a Professional Engineer (PE) License registered in California.
This is due to the requirement for the designated City Engineer to have a PE License. The City’s
contract recruiter, Teri Black & Company, advised staff of the challenging labor market for Public
Works Directors. They specifically noted that in their experience, several agencies have moved
away from requiring the PE License for the Director’s position. This change has expanded the pool
of qualified individuals the recruiter has been able to attract for open positions by a third.
Burlingame’s Director of Public Works currently holds a PE License, as does the Assistant Director
of Public Works, who oversees the engineering division and can be designated as the City Engineer
instead of the Director of Public Works. This is already noted in the Assistant Director of Public
Works job classification. Staff surveyed neighboring agencies and found that even though several
151
Director of Public Works Job Classification Update September 15, 2025
2
agencies do not require the PE License in their job classification minimum qualifications, their
current Director does have the PE license. As noted in the revised job classification, the PE license
will no longer be required but will be considered highly desirable from future candidates.
FISCAL IMPACT
There is no fiscal impact from this change as the position is currently reflected in the budget.
Exhibits:
Resolution
Director of Public Works Job Classification
152
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING
AN AMENDMENT TO THE DIRECTOR OF PUBLIC WORKS CLASSIFICATION
WHEREAS, under the City of Burlingame Civil Service Rules, adopted pursuant to
Municipal Code Section 3.52.030, the City Council is the final authority for approving the
classification and compensation plan; and
WHEREAS, staff recommends amending the Director of Public Works classification to
better reflect the current requirements and responsibilities of the position; and
WHEREAS, this change in position is deemed necessary to effectively carry out the City’s
priorities and support General Fund, Enterprise Fund, and Capital Improvement Project activities;
and
WHEREAS, the City Council is the final authority for approving the classification and
compensation plan, including any new or revised job specifications.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame
authorizes and adopts the revised Director of Public Works classification, attached hereto.
____________________________
Peter Stevenson, Mayor
I, Meaghan Hassel Shearer City Clerk of the City of Burlingame, certify that the foregoing
resolution was introduced at a regular meeting of the City Council held on the 15th day of
September 2025, and was adopted thereafter by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________
Meaghan Hassel-Shearer, City Clerk
153
Director of Public Works
Page 1 of 3
DIRECTOR OF PUBLIC WORKS
Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associate d with
specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition,
specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily c onvey the
qualifications of incumbents within the position.
DEFINITION
Under administrative direction of the City Manager, the Director of Public Works plans,
organizes, and directs the Public Works Department; supervises professional engineering
work, project inspections, infrastructure, and maintenance operations; formulates
departmental policies, goals, and directives; coordinates assigned activities and fosters
cooperative working relationships with other City departments, officials, outside agencies,
intergovernmental and regulatory agencies, and various public and private groups;
provides highly responsible and complex professional assistance to the City Manager in
areas of expertise; and performs related work as required.
DISTINGUISHING CHARACTERISTICS
The Director of Public Works is a department head level classification that oversees,
directs, and participates in all activities of the Public Works Department, including short -
and long-term infrastructure and maintenance planning, implementation of the
department’s projects and programs, as well as development and administration of
departmental policies, procedures, and services.
SUPERVISION RECEIVED/EXERCISED
Receives administrative direction from the City Manager. Exercises direct supervision
over supervisory, professional, technical, and administrative support staff through
subordinate levels of supervision.
ESSENTIAL FUNCTIONS: (including but not limited to the following)
Plans, organizes, and directs the public works activities of the City, including
engineering, facilities, sewer, streets, storm drainage, vehicle and equipment
maintenance, water, and wastewater treatment plant
Coordinates public works activities with other City departments and other public works
agencies
Acts as advisor to the City Manager, City Council, and other departments on
engineering and public works matters
Confers with officials of other agencies on such matters as joint public works projects
Recommend staff appointments and promotions
Evaluates employee performance and takes or recommends appropriate disciplinary
action
Prepares department budget and controls budget expenditures
154
Director of Public Works
Page 2 of 3
Represents the City on regional boards and associations with respect to public works
activities and directs the preparation of Public Works Department reports to City
Council
Provides interdepartmental coordination on policy issues
KNOWLEDGE/ABILITIES/SKILLS: (The following are representative samples of the KAS’s
necessary to perform the essential duties of the position)
Knowledge of:
Administrative principles and practices, including goal setting, program development,
implementation, evaluation, and supervision of staff through subordinate levels of
supervision
Principles and practices of public works program development, management in a
municipal setting, and long-term public works maintenance planning and budgeting
Technical, legal, financial, and public relations challenges involved in the conduct of
the municipal public works program, and principles of personnel management and
supervision
Public agency budget development, contract administration, City-wide administrative
practices, and general principles of risk management related to the functions of the
public works department
Ability to:
Plan, lay out, coordinate, and control through subordinates the work of Public Works,
including engineering, operating, construction (inspection), maintenance, and other
departmental personnel
Establish and maintain cooperative and effective working relationships with
subordinates, public groups, organizations, and City officials
Prepare comprehensive and complex technical reports
Effectively represent the department and the City in meetings with governmental
agencies, community groups, various businesses, professional and regulatory
organizations, and individuals
Skills in:
Effective use of computer systems, software applications , and modern business
equipment to perform work tasks
Understanding and analyzing complex technical and administrative reports
Preparing and presenting clear and concise reports, correspondence, policies,
procedures, and other written material
QUALIFICATIONS: (The following are a representative sample of the knowledge/abilities and
skills necessary to perform essential duties of the position.)
Education and Experience:
Equivalent to a Bachelors in Engineering, Public Administration, or related field (a Masters
Degree in Engineering, Public Administration or related field is desirable) and six years
155
Director of Public Works
Page 3 of 3
of increasingly responsible professional experience in, and/or oversight of public works
civil engineering or maintenance operations divisions, including five years of experience
in municipal public works or equivalent, and five years of supervisory experience.
License:
Possession of an appropriate California driver license. Registration as a Professional
Engineer in the State of California is highly desirable.
PHYSICAL, MENTAL, AND ENVIRONMENTAL WORKING CONDITIONS
Ability to establish and maintain cooperative working relationships with all those contacted
in the course of work; enforce regulations with tact and firmness; explain technical matters
simply and patiently; remain calm during emergencies and when talking to difficult citizens
and to deal with people from various backgrounds diplomatically; analyze situations
accurately and adopt an effective course of action; exercise good judgment at all times;
sit for long periods of time at a desk or in a car; stand for long periods of time at a counter;
walk short to medium distances occasionally; climb up and down hills and ladders; work
outdoors in adverse weather; occasionally lift boxes up to 25 -lbs.; speak and write clear
and concise English; prepare and present reports at public meetings; and respond to
questions. Must possess sufficient vision, hearing, and stamina to perform the above
functions
D600
DIRECTOR OF PUBLIC WORKS
DEPARTMENT HEAD
EXEMPT
REVISED SEPTEMBER 2025
156
1
STAFF REPORT
AGENDA NO: 10a
MEETING DATE: September 15, 2025
To: Honorable Mayor and City Council
Date: September 15, 2025
From: Helen Yu-Scott, Finance Director – (650) 558-7222
Subject: Public Hearing and Adoption of a Resolution Approving and Levying the
Downtown Burlingame Avenue Business Improvement District
Assessments for Fiscal Year 2025-26
RECOMMENDATION
Staff recommends that the City Council:
1. Hold a public hearing to consider any protests to the Downtown Burlingame Avenue Business
Improvement District (BID) assessments;
2. Close the public hearing and ask the City Clerk to report out any protests filed with the City;
and
3. If protests do not constitute a majority of the value of the assessments, adopt the resolution
approving and levying the 2025-26 assessments.
BACKGROUND
Pursuant to California Streets and Highways Code Section 36500 et seq., the Burlingame City
Council adopted Ordinance 1735 in 2004, establishing the Burlingame Avenue Area Business
Improvement District (DBID) for the purpose of promoting the downtown Burlingame Avenue
business area. In the summer of 2010, the DBID was re-instituted after a hiatus of several years.
At that time, the Council reviewed and approved a new annual assessment formula (revising
Chapter 6.54 of the Burlingame Municipal Code, attached as an exhibit to this staff report), which
has remained unchanged since that time. For the past 15 years, the DBID has provided business-
enhancing activities, events, and publicity for the downtown Burlingame businesses.
The City Council adopted a resolution of intention to set the 2025-26 Downtown Burlingame Avenue
BID assessments on August 18, 2025, and established September 15, 2025, at 7:00 p.m. as the
public hearing date and time (Resolution No. 091-2025). If there is a protest by businesses that
represent a majority of the value of the assessments, then the resolution cannot be approved.
Protests may be presented in writing before or at the hearing. Any and all protests must be
received by the City Clerk at or before the time fixed for the public hearing.
157
DBID Public Hearing – 2025-26 Assessments September 15, 2025
2
FISCAL IMPACT
Approximately $85,000 in assessments is collected annually from businesses within the district; all
of these funds are forwarded to the Downtown Burlingame Avenue Area Business Improvement
District for improvements as authorized by the BID Board of Directors. The City of Burlingame has
in the past covered the expenses associated with the renewal of the Downtown Burlingame Avenue
BID.
Exhibits:
Method and Formula of Assessment, Burlingame Avenue Business Improvement District
Resolution of the City Council of the City of Burlingame Establishing 2025-26 Assessments
for the Downtown Burlingame Avenue Business Improvement District
158
Burlingame Avenue Area Business Improvement District (DBID)
Formula/Rate Calculation for Assessments
Burlingame Municipal Code
Title 6 BUSINESS LICENSES AND REGULATIONS
Chapter 6.54 BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT
6.54.040 Establishment of benefit assessments.
All businesses located within the district boundaries shall pay an annual benefit
assessment to the district for each fiscal year as levied by the city council.
(a) Assessments Zones. For assessment purposes, the district shall be divided into
three (3) zones:
(1) Zone 1 shall consist of all businesses located on the ground floor of buildings on
Burlingame Avenue;
(2) Zone 2 shall consist of all businesses located on the ground floor of buildings on
all streets within the district boundaries other than Burlingame Avenue;
(3) Zone 3 shall consist of all businesses located either below or above the ground
floor of buildings on all streets within the district boundaries.
(b) Assessment Amounts.
(1) Zone 1. All businesses in zone 1 shall be assessed each fiscal year, a basic
assessment fee of one hundred twenty-five dollars ($125.00) and an additional assessment based
upon the square foot measurement of their ground floor space as follows:
(A) Under five hundred (500) square feet, zero dollars ($0.00);
(B) Five hundred (500) square feet, one hundred dollars ($100.00);
(C) For each additional five hundred (500) square feet or portion thereof above five
hundred (500) square feet, an additional fifty dollars ($50.00);
(D) The additional square foot assessment shall be capped at the rate for five thousand
five hundred (5,500) square feet.
(2) Zone 2. All businesses in zone 2 shall be assessed each fiscal year, a basic
assessment fee of one hundred dollars ($100.00) and an additional assessment based upon the
square foot measurement of their ground floor space as follows:
(A) Under five hundred (500) square feet, zero dollars ($0.00);
159
(B) Five hundred (500) square feet, eighty dollars ($80.00);
(C) For each additional five hundred (500) square feet or portion thereof, above five
hundred (500) square feet, an additional forty dollars ($40.00);
(D) The additional square foot assessment shall be capped at the rate for five thousand
five hundred (5,500) square feet.
(3) Zone 3. All businesses in zone 3 shall be assessed a basic assessment fee of one
hundred dollars ($100.00).
The annual amount of assessment for each of the businesses in each zone shall not exceed
these amounts without notice, a public hearing and adoption of an ordinance amendment
pursuant to state law. The total annual assessment shall be due and payable thirty (30) days from
receipt of invoice. (Ord. 1854 § 7, (2010))
160
RESOLUTION NO. ________
A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND
LEVYING THE 2025-26 DOWNTOWN BURLINGAME AVENUE AREA
BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS ON THE
BUSINESSES WITHIN THE DISTRICT
WHEREAS, pursuant to California Streets and Highways Code Section 36500 et
seq., the City Council of the City of Burlingame adopted ordinance 1735 in 2004,
establishing the Burlingame Avenue Area Business Improvement District (DBID) for the
purpose of promoting the Downtown Burlingame Avenue business area; and
WHEREAS, at the public hearing on the District Assessments for the year 2006-
2007, the Council determined that a majority protest had been made and no further
assessment was levied; and
WHEREAS, in July of 2010, the City Council adopted a Resolution of Intention
to re-establish the DBID and to impose a new assessment formula; and
WHEREAS, on September 7, 2010, after a public hearing at which it received
public comment and written protests, the City Council determined that a majority protest
had not been made and adopted the ordinance re-establishing the DBID; and
WHEREAS, the method and formula of assessment remains unchanged since that
time; and
WHEREAS, the DBID has operated successfully during the past 15 years as
evidenced by the DBID's annual reports; and
WHEREAS, On August 18, 2025, the City Council adopted a Resolution of Intent
(Resolution No. 091-2025) to levy the 2025-26 assessments on businesses within the
District and to establish September 15, 2025 at 7:00 p.m. as the public hearing date and
time. Copies of said resolution and notice of public hearing were mailed to all businesses
within the District; and
WHEREAS, on September 15, 2025, at a duly noticed meeting, the City Council
conducted a public hearing to receive testimony and evidence regarding the proposed
DBID, and to receive protests against the proposed assessments; and
WHEREAS, the DBID has provided important services in enhancing the
downtown Burlingame Avenue business area, its businesses and properties in the past
year; and
WHEREAS, the basis of assessment on the businesses within the District will
remain the same as in the prior years;
NOW, THEREFORE, the City Council of the City of Burlingame does hereby
resolve, determine and find as follows: 161
1. The City Council finds that all of the facts stated herein and in the staff report are
true and correct.
2. The City Council determines and finds that there is no majority protest within
the meaning of Streets & Highways Code sections 36523, 36524, 36525, and
36542.
3. The City Council approves the method and formula of assessment for the
Downtown Burlingame Avenue Area Business Improvement District.
4. The City Council approves and levies the 2025-26 assessments on the businesses
within the Downtown Burlingame Avenue Area Business Improvement District as
delineated in assessment list attached hereto as Exhibit "A" which is by this
reference incorporated herein.
5. New businesses shall not be exempt from the assessment.
_____________________________
Peter Steveson, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame do hereby certify that the foregoing
Resolution was introduced at a regular meeting of the City Council on the 15th day of September 2025, and was
adopted thereafter by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________________
Meaghan Hassel-Shearer, City Clerk
162
Name Location Zone Sq Ft Base Surcharge Total Weighted
Vote
LULULEMON ATHLETICA USA INC 1304 BURLINGAME AVE 1 4000 125 450 575 0.006779
LA CORNETA TAQUERIA 1123 BURLINGAME AVE 1 2310 125 250 375 0.004421
STARBUCKS COFFEE CO #523 1160 BURLINGAME AVE 1 1728 125 200 325 0.003831
SEPHORA 1205 BURLINGAME AVE 1 3080 125 350 475 0.005600
KUPFER JEWELRY CENTER 1211 BURLINGAME AVENUE 1 1240 125 150 275 0.003242
MINGALABA, INC.1213 BURLINGAME AVE 1 1240 125 150 275 0.003242
L'ESCAPE SPA SALON 348 LORTON AVE 2 800 100 80 180 0.002122
TRINA TURK [L2T DBA]1223 BURLINGAME AVE 1 2040 125 250 375 0.004421
PEETS COFFEE INC.1241 BURLINGAME AVE 1 1960 125 200 325 0.003831
THE WINE STOP 337 PRIMROSE ROAD 2 1000 100 120 220 0.002594
APPLE INC 1301 BURLINGAME AVE 1 5200 125 550 675 0.007958
THE CREPEVINE 1310 BURLINGAME AVE 1 2700 125 300 425 0.005010
ARBY OF MERCED / TOPPER JEWELERS 1294 BURLINGAME AVE 1 7435 125 600 725 0.008547
LOFT INC 1316 BURLINGAME AVE 1 1000 125 150 275 0.003242
MEDITERRANEAN KEBAB 1318 BURLINGAME AVE 1 1600 125 200 325 0.003831
ALANA'S CAFE 1408 BURLINGAME AVE 1 880 125 100 225 0.002653
BASKIN-ROBBINS 31 FLAVORS STORE 1409 BURLINGAME AVE 1 1360 125 150 275 0.003242
UK HAIR 1410 BURLINGAME AVE 1 1176 125 150 275 0.003242
JOANA'S EUROPEAN FASHIONS 1412 BURLINGAME AVE 1 450 125 0 125 0.001474
BEAUTY CENTURY 1419 BURLINGAME AVE # B 1 450 125 0 125 0.001474
MONA KARAM HAUTE COIFFURE 1419 Burlingame Ave 3 0 100 0 100 0.001179
TREJERD MEMORIES DBA PAPER & PETALS 1419 BURLINGAME AVE # I 1 1440 125 150 275 0.003242
THE TAILOR & THE COBBLER 1419 BURLINGAME AVE, # K 1 400 125 0 125 0.001474
HEALTHY HORIZONS [PENIN BREASTFEEDING]1432 BURLINGAME AVE 1 900 125 100 225 0.002653
WELLS FARGO BANK NA 1435 BURLINGAME AVE 1 5500 125 600 725 0.008547
MORNING GLORY 1436 BURLINGAME AVENUE 1 1350 125 150 275 0.003242
PAPER CAPER 1442 BURLINGAME AVE 1 1160 125 150 275 0.003242
SAPORE ITALIANO DBA MAMME INC 1447 BURLINGAME AVE 1 1200 125 150 275 0.003242
PANDA EXPRESS #907 1453 BURLINGAME AVE 1 2475 125 250 375 0.004421
BEVMO 1462 BURLINGAME AVE 1 6760 125 600 725 0.008547
GENEVE JEWELERS - GOLDSMITHS 291 PRIMROSE RD 2 675 100 80 180 0.002122
PRIMROSE TAILOR CLEANERS 1475 BURLINGAME AVENUE 1 800 125 100 225 0.002653
PACIFIC BELL TELEPHONE COMPANY 1476 BURLINGAME AVE 1 10000 125 600 725 0.008547
HERIZ MUSIC & ART 210 CALIFORNIA DR.2 2850 100 240 340 0.004008
HERIZ RUGS 218 CALIFORNIA DR 2 600 100 80 180 0.002122
CITY OF BURLINGAME, CA
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT - ASSESSMENTS FOR FY2025-2026
163
Name Location Zone Sq Ft Base Surcharge Total Weighted
Vote
SAKAE 243 CALIFORNIA DR.2 875 100 80 180 0.002122
CHRISTIE'S 245 CALIFORNIA DR 2 1325 100 120 220 0.002594
REBARTS INTERIORS - HUNTER DOUGLAS 1227 BURLINGAME AVE 1 1400 125 150 275 0.003242
VIVAAA FOR HAIR 345 CALIFORNIA DR 2 600 100 80 180 0.002122
STACKS RESTAURANT 361 CALIFORNIA DRIVE 2 3906 100 320 420 0.004951
TIP N TOE SALON 1401 CHAPIN AVE 2 315 100 0 100 0.001179
FIDELITY BROKERAGE - FIDELITY INVESTMENTS 1411 CHAPIN AVE 2 2688 100 240 340 0.004008
COLDWELL BANKER 1427 CHAPIN AVE 2 5175 100 440 540 0.006366
JP MORGAN CHASE BANK, N.A.1430 CHAPIN AVE 2 4840 100 400 500 0.005894
BAY CITY MEDICAL SUPPLIES 1465 CHAPIN AVE #A 2 2128 100 200 300 0.003537
ALBECO INC DBA MOLLIE STONE'S MARKET 1477 CHAPIN AVE 2 22500 100 480 580 0.006838
DIDI SALON 1221 DONNELLY AVE 2 1250 100 120 220 0.002594
WALGREEN'S 0086 260 EL CAMINO REAL 2 10000 100 480 580 0.006838
BANK OF AMERICA 400 EL CAMINO REAL 2 6944 100 480 580 0.006838
TOMOKAZU JAPANESE CUISINE 1101 HOWARD AVE 2 3219 100 280 380 0.004480
SOLO BAMBINI 1150 HOWARD AVE 2 800 100 80 180 0.002122
NUANCE DESIGN JEWELERS 1152 HOWARD AVE 2 560 100 80 180 0.002122
MARLINDA SKIN & BODY CARE - MOD 1199 HOWRD AVE #101 2 750 100 80 180 0.002122
AQUA NAIL SALON 1234 HOWARD AVE 2 1925 100 160 260 0.003065
THE UPS STORE #2354 1325 HOWARD AVE 2 1225 100 120 220 0.002594
UNITED STUDIOS OF DEFENSE 1345 HOWARD AVE 2 1330 100 120 220 0.002594
COMERICA BANK/CBRE 1351 HOWARD AVE 2 5035 100 440 540 0.006366
SAFEWAY STORES, INC. #1547 1450 HOWARD AVE 2 40000 100 480 580 0.006838
KERN JEWELERS 214 LORTON AVE 2 3000 100 280 380 0.004480
THE CUT BARBER SHOP 218 LORTON AVE 2 625 100 80 180 0.002122
PADDY FLYNN'S 246 LORTON AVE 2 825 100 80 180 0.002122
HOUSE OF BAGELS 260 LORTON AVE 2 1425 100 120 220 0.002594
THERAPY STORES, INC 1348 BURLINGAME AVE 1 1500 125 200 325 0.003831
PATRONIK DESIGNS 314 LORTON AVE 2 1105 100 120 220 0.002594
CLASSIC KIDS LLC 315 LORTON AVE 2 1560 100 160 260 0.003065
IL FORNAIO 327 LORTON AVE 2 8883 100 480 580 0.006838
BMO 149 PARK RD 2 5426 100 440 540 0.006366
CARR, MCCLELLAN, INGERSOLL, THOMPSON & HORN 216 PARK RD 2 4665 100 400 500 0.005894
VINYL ROOM 221 PARK RD 2 1600 100 160 260 0.003065
BURLINGAME ACE HARDWARE 235 PARK RD 2 3225 100 280 380 0.004480
YVES DELORME INC 238 PARK ROAD 2 2100 100 200 300 0.003537
CITIBANK, N.A.210 PRIMROSE RD 2 4400 100 360 460 0.005423
164
Name Location Zone Sq Ft Base Surcharge Total Weighted
Vote
THE STUDIO SHOP 244 PRIMROSE RD 2 1110 100 120 220 0.002594
MARGARET O'LEARY INC 263 PRIMROSE RD 2 950 100 80 180 0.002122
BLOOMING VASE 269 PRIMROSE RD 2 1610 100 160 260 0.003065
L'VIAN 317 PRIMROSE RD 2 625 100 80 180 0.002122
BARRACUDA SUSHI JAPANESE RESTAURANT 347 PRIMROSE RD #B 2 1875 100 160 260 0.003065
CITY NATIONAL BANK 1450 CHAPIN AVE #100 3 0 100 0 100 0.001179
GREEN BANKER 398 PRIMROSE RD 2 4515 100 400 500 0.005894
FIDELITY NATIONAL TITLE 405 PRIMROSE RD #100 2 1540 100 160 260 0.003065
A RUNNER'S MIND 1111 HOWARD AVE 2 1700 100 160 260 0.003065
THE SKIN CARE CLINIC / CLAUDIA PANITTO 1475 BURLINGAME AVE # D 2 2279 100 200 300 0.003537
TRITERRA REALTY GROUP, INC.1105 BURLINGAME AVE 3 0 100 0 100 0.001179
DIAMONDS FINE HAND AND FOOT SPA 1110 BURLINGAME AVE # 103 3 0 100 0 100 0.001179
RB'S THREADING STUDIO 1110 BURLINGAME AVE # 107 3 0 100 0 100 0.001179
DON SNIDER & ASSOCIATES 1110 BURLINGAME AVE # 213 3 0 100 0 100 0.001179
THE ZEKA GROUP INC.1110 BURLINGAME AVE # 400 3 0 100 0 100 0.001179
KARP COMPANIES/CALIF. REALTY 1209 BURLINGAME AVE 3 0 100 0 100 0.001179
WATCH GALLERY 1375 BURLINGAME AVE-LOWER LEVEL 3 0 100 0 100 0.001179
OSBORNE INSURANCE AGENCY 1419 BURLINGAME AVE # O 3 0 100 0 100 0.001179
RMC REAL ESTATE LOANS 1419 BURLINGAME AVE # R 3 0 100 0 100 0.001179
FOX MALL MANAGEMENT 1419 BURLINGAME AVE # X 3 0 100 0 100 0.001179
THE TRIMM-WAY 1419 BURLINGAME AVE # Y 3 0 100 0 100 0.001179
MICHAEL SULPIZIO, CPA 1419 BURLINGAME AVE-2ND FL 3 0 100 0 100 0.001179
BAY AREA NATURAL MEDICINE 1419 BURLINGAME AVE #S 3 0 100 0 100 0.001179
SAMMY C. YIM 1419 BURLINGAME AVE SUITE P 3 0 100 0 100 0.001179
BR COMMERCIAL 1408 CHAPIN AVE # 4 3 0 100 0 100 0.001179
B & N INDUSTRIES INC ET AL 1409 CHAPIN AVE 3 0 100 0 100 0.001179
FIRST AMERICAN TITLE COMPANY 1440 CHAPIN AVE # 350 3 0 100 0 100 0.001179
ST CLAIR'S 1215 DONNELLY AVE.3 0 100 0 100 0.001179
INTERNATIONAL BEVERAGE 1199 HOWARD AVENUE #350 3 100 0 100 0.001179
ICHINYOSHA INTERNATIONAL U.S.A., INC.1200 HOWARD AVE #203 3 0 100 0 100 0.001179
CAPITAL REALTY GROUP 1200 HOWARD AVE #204 & 207 3 0 100 0 100 0.001179
M H PODELL CO 1201 HOWARD AVE # 300 3 0 100 0 100 0.001179
TALK [TEACHING & ASSESSING LANGUAGE FOR KIDS]1209 HOWARD AVE # 203 3 0 100 0 100 0.001179
EFLEXERVICES INC 1220 HOWARD AVE #220 3 0 100 0 100 0.001179
CHASE BERENSTEIN & MURRAY - LAW ET AL 1220 HOWARD AVE # 250 3 0 100 0 100 0.001179
ROCKY COLOGNE'S COMEDY TRAFFIC SCHOOL 1243 HOWARD AVE # A 3 0 100 0 100 0.001179
SAM FERDOWS - ATTORNEY AT LAW 1290 HOWARD AVE # 327 3 0 100 0 100 0.001179
165
Name Location Zone Sq Ft Base Surcharge Total Weighted
Vote
LAW OFFICE OF MICHAEL D LIBERTY 1290 HOWARD AVE # 303 3 0 100 0 100 0.001179
SCHEINHOLTZ ASSOCIATES 1319 HOWARD AVE 3 0 100 0 100 0.001179
KATHY NAIL PEDICURE SPA 1345 HOWARD AVE #101 3 0 100 0 100 0.001179
LANDSCAPE REFLECTIONS 1345 HOWARD AVE # 203 3 0 100 0 100 0.001179
MORGAN STANLEY SMITH BARNEY, LLC.216 LORTON AVE 3 0 100 0 100 0.001179
DANLI CHIROPRACTIC & WELLNESS 340 LORTON AVE # 203 3 0 100 0 100 0.001179
EDU - THERAPY/ DARLENE ROSE DEMARIA 340 LORTON AVE # 204 3 0 100 0 100 0.001179
JC INTERNATIONAL 340 LORTON AVE # 207 3 0 100 0 100 0.001179
WARREN K WOO, ATTY AT LAW 340 LORTON AVE # 214 3 0 100 0 100 0.001179
PENINSULA PSYCHIATRIC PRACTICE 345 LORTON AVE #104 3 0 100 0 100 0.001179
MCGUIGAN & MCGUIGAN, CPA 345 LORTON AVE #205 3 0 100 0 100 0.001179
DANIEL C MORENO CPA 180 PARK RD 2 900 100 80 180 0.002122
HADIA MAKDISI 1199 HOWARD AVE #103 3 0 100 0 100 0.001179
THE LASH BAR 1229 BURLINGAME AVE #202 3 0 100 0 100 0.001179
PRIMROSE ALLOYS INC 330 PRIMROSE RD #205 3 0 100 0 100 0.001179
KEENAN CAPITAL 1229 BURLINGAME AVE 201 3 0 100 0 100 0.001179
K & E MANAGEMENT LTD 330 PRIMROSE RD #404 3 0 100 0 100 0.001179
GRIFFITHS - GOYETTE 330 PRIMROSE RD #614 3 0 100 0 100 0.001179
GILMARTIN GROUP 330 PRIMROSE RD #512 3 0 100 0 100 0.001179
NORTH AMERICAN TITLE INSURANCE CO 330 PRIMROSE RD #502 3 0 100 0 100 0.001179
BAYWOOD CAPITAL CORPORATION ET AL 330 PRIMROSE RD #508 3 0 100 0 100 0.001179
STUDIO 401 1199 HOWARD AVE #102 2 750 100 80 180 0.002122
STELLA 1448 BURLINGAME AVE 1 4400 125 450 575 0.006779
PAMELA A CRONIN 405 PRIMROSE ROAD # 212 3 0 100 0 100 0.001179
MARIANNA MARSHA MEDNIKN, PHD 405 PRIMROSE ROAD # 214 3 0 100 0 100 0.001179
HENRY HORN & SONS, INC.405 PRIMROSE ROAD # 300 3 0 100 0 100 0.001179
PAULA ZIMMERMAN, MFT 405 PRIMROSE ROAD # 306 3 0 100 0 100 0.001179
KATHERINE MAYER M.A., M.F.T 405 PRIMROSE ROAD # 308 3 0 100 0 100 0.001179
KAREN S ROBSON MA 405 PRIMROSE ROAD # 309 3 0 100 0 100 0.001179
DAVID LIN, PSY 405 PRIMROSE RD #310 3 0 100 0 100 0.001179
DEBORAH A SIMMONS MFT 405 PRIMROSE ROAD # 313 3 0 100 0 100 0.001179
SAM MALOUF 1460 BURLINGAME AVE 1 3064 125 350 475 0.005600
PET FOOD EXPRESS 261 PARK ROAD 2 6324 100 480 580 0.006838
1199 HOWARD LLC 330 PRIMROSE RD #606 3 0 100 0 100 0.001179
DEL OLIVA 1440 BURLINGAME AVE 1 1500 125 200 325 0.003831
SALON LE ROUGE & SPA 1375 BURLINGAME AVE #205 3 0 100 0 100 0.001179
MOBIUS HOLDINGS, LLC 1290 HOWARD AVE #323 3 0 100 0 100 0.001179
166
Name Location Zone Sq Ft Base Surcharge Total Weighted
Vote
FRANCESCA'S COLLECTIONS 1235 BURLINGAME AVE 1 1750 125 200 325 0.003831
JUMPSTART MD 350 LORTON AVE 3 0 100 0 100 0.001179
LYMELIGHT FOUNDATION INC 1229 BURLINGAME AVENUE #205 3 0 100 0 100 0.001179
TERRA TEAK AND GARDEN 1320 BURLINGAME AVENUE 1 3200 125 350 475 0.005600
HALO BLOW DRY BAR 311 PRIMROSE RD 2 1500 100 160 260 0.003065
TAMER MICKEL SALON & BEAUTY 264 LORTON AVE 2 2000 100 200 300 0.003537
BARRELHOUSE 305 CALIFORNIA DR 2 1585 100 160 260 0.003065
MILLIE MANGO 1419 BURLINGAME AVE STE L 1 2000 125 250 375 0.004421
LELAND TEA COMPANY 1223 DONNELLY 3 0 100 0 100 0.001179
DEJA VU 1109 BURLINGAME AVE 1 720 125 100 225 0.002653
FIVE GUYS BURGERS AND FRIES 203 PRIMROSE RD 2 2001 100 200 300 0.003537
PIZZA MY HEART 235 PRIMROSE RD 2 2200 100 200 300 0.003537
FRINGE SALON 371 PRIMROSE RD 2 480 100 0 100 0.001179
US BANK 1410 HOWARD AVE 2 1500 100 160 260 0.003065
COCONUT BAY COMPANY INC.1107 HOWARD AVE 2 5000 100 440 540 0.006366
ANDRA NORRIS GALLERY 311 LORTON AVE 2 1105 100 120 220 0.002594
BLUE LINE PIZZA 1108 BURLINGAME AVE 1 2519 125 300 425 0.005010
MIA BELLA BOUTIQUE SALON 1375 BURLINGAME AVE #288-B 3 100 0 100 0.001179
TORA TRADING SERVICES, LLC 1440 CHAPIN AVE #205 3 0 100 0 100 0.001179
OLD REPUBLIC TITLE COMPANY 330 PRIMROSE RD #301 3 100 0 100 0.001179
XL SALON 222 LORTON AVE 2 1000 100 120 220 0.002594
YEAMAC 277 PRIMROSE RD 2 825 100 80 180 0.002122
ONE MEDICAL GROUP 329 PRIMROSE RD 2 3191 100 280 380 0.004480
PIZZERIA DELFINA 1444 BURLINGAME AVE 1 2000 125 250 375 0.004421
FIVE LITTLE MONKEYS 1111 BURLINGAME AVE 1 1680 125 200 325 0.003831
IDEAL EYES OPTOMETRY 1403 BURLINGAME AVE 1 790 125 100 225 0.002653
NEW FRONTIER FOOD INC 1424 CHAPIN AVE 3 0 100 0 100 0.001179
PURE BARRE BURLINGAME 1440 CHAPIN AVE #100 3 0 100 0 100 0.001179
TPUMPS, LLC 1118 BURLINGAME AVE 1 1000 125 150 275 0.003242
ANDREW LEI, CPA 345 LORTON AVE #305 3 0 100 0 100 0.001179
RECONNECT HAIR DESIGN 256 LORTON AVE 2 1200 100 120 220 0.002594
WOWPRETTY PROFESSIONAL MAKEUP AND HAIR 1200 HOWARD AVE #103 2 675 100 80 180 0.002122
SAFFRON 209 PARK ROAD 2 1075 100 120 220 0.002594
HIGHLAND REALTY CAPITAL 301 CALIFORNIA DR #4 3 0 100 0 100 0.001179
OCCIDENTAL ASSET MANAGEMENT LLC 301 CALIFORNIA DR #9 3 0 100 0 100 0.001179
LAW OFFICE OF DAVID MAGNUSON 345 LORTON AVE #201 3 0 100 0 100 0.001179
LUXE 359 PRIMROSE RD 2 481 100 0 100 0.001179
167
Name Location Zone Sq Ft Base Surcharge Total Weighted
Vote
PACIFIC NEUROSURGERY 345 LORTON AVE #102 3 0 100 0 100 0.001179
PRIME COMMS RETAIL, LLC.221 PRIMROSE RD 2 1800 100 160 260 0.003065
VICTRA 1344 BURLINGAME AVE 1 1850 125 200 325 0.003831
A-1 CLEANERS 240 PRIMROSE RD 2 1056 100 120 220 0.002594
LES DEUX COPINES 1433 BURLINGAME AVE 1 1120 125 150 275 0.003242
ASLAM'S RASOI 2 INC 1425 BURLINGAME AVE 1 2970 125 300 425 0.005010
LYNNE RUPPEL, LEARNING SPECIALIST 340 LORTON AVE #206 3 0 100 0 100 0.001179
ROYAL LOAN LLC & ROYAL LOAN CO.1419 BURLINGAME AVE #F 3 0 100 0 100 0.001179
CREATIVE PLANNING 333 LORTON AVE 2 2950 100 240 340 0.004008
PAMPERED & POLISHED 363 PRIMROSE RD 2 500 100 80 180 0.002122
TAMIKA NAILS AND SPA 1129 HOWARD AVE 2 1598 100 160 260 0.003065
KELLER WILLIAMS REALTY 1430 HOWARD AVE 3 0 100 0 100 0.001179
CODY INVESTIGATIVE GROUP, INC 405 PRIMROSE RD #317 3 0 100 0 100 0.001179
IKE'S LOVE & SANDWICHES 1400 HOWARD AVE 2 1000 100 120 220 0.002594
SHAMA THAI MASSAGE 1100 HOWARD AVE #B 2 947 100 80 180 0.002122
AERIAL SPA LOUNGE 401 PRIMROSE RD #H 3 0 100 0 100 0.001179
JOSEPH V. ZACCONE, CPA 330 PRIMROSE RD #504 3 0 100 0 100 0.001179
PHILZ COFFEE, INC 305 PRIMROSE RD 2 1000 100 120 220 0.002594
ALL FIRED UP 344 LORTON AVE 2 925 100 80 180 0.002122
LIMON ROTISSERIE 1101 BURLINGAME AVE 1 2496 125 250 375 0.004421
AMASIA 301 CALIFORNIA DR #1 3 0 100 0 100 0.001179
FARM AND VINE 250 LORTON AVE 2 1550 100 160 260 0.003065
VINEYARD VINES RETAIL, LLC.1420 BURLINGAME AVE 1 2760 125 300 425 0.005010
RISE PIZZERIA 1451 BURLINGAME AVE 1 1800 125 200 325 0.003831
TECHLOOP IPHONE,IPAD,MAC,PC REPAIR AND SALES 1419 BURLINGAME AVE #AA 1 800 125 100 225 0.002653
PENINSULA PSYCHIC CENTER 1419 BURLINGAME AVE #C 3 0 100 0 100 0.001179
PARK & HOWARD BISTRO 1300 HOWARD AVE 2 1640 100 160 260 0.003065
OCEAN HONDA OF BURLINGAME 200 CALIFORNIA DR 2 10000 100 480 580 0.006838
MULBERRY'S 251 PRIMROSE RD 2 725 100 80 180 0.002122
NICOLE NICOLE LILLES SALON & COLOR LOUNGE 1419 BURLINGAME AVE #T 3 0 100 0 100 0.001179
CJ'S GOURMET DELI 290 PRIMROSE RD 2 525 100 80 180 0.002122
ATHLETA #4630 1300 BURLINGAME AVE 1 2800 125 300 425 0.005010
CALIFORNIA CLOSETS - CA177 247 CALIFORNIA DR 2 1875 100 160 260 0.003065
ASIAN BOX 1401 BURLINGAME AVE 1 1449 125 150 275 0.003242
PROJECT ZEN WELLNESS 318 LORTON AVE 2 1000 100 120 220 0.002594
JOE & THE JUICE SFO LLC 1395 BURLINGAME AVE 1 2973 125 300 425 0.005010
CAFFE CENTRAL 1380 BURLINGAME AVE 1 1965 125 200 325 0.003831
168
Name Location Zone Sq Ft Base Surcharge Total Weighted
Vote
SEESAW PSYCHOLOGY GROUP 309 PRIMROSE RD 2 2145 100 200 300 0.003537
JEWELS OF MONACO, INC.253 PARK RD 2 450 100 0 100 0.001179
BLUEMERCURY 1319 BURLINGAME AVE 1 2250 125 250 375 0.004421
SALON STILO 1200 HOWARD AVE #105 3 0 100 0 100 0.001179
SALTYARD RESTAURANT & WINE BAR 322 LORTON AVE 2 2400 100 200 300 0.003537
BY BONNIE 330 PRIMROSE RD #407 3 0 100 0 100 0.001179
GOODWATER CAPITAL 240 LORTON AVE, 3RD FL 3 0 100 0 100 0.001179
THE SHADE STORE, LLC 1405 BURLINGAME AVE 1 916 125 100 225 0.002653
AJ TUTORING 1199 HOWARD AVE #250 3 0 100 0 100 0.001179
BALLAST POINT FINANCIAL PLANNING 340 LORTON AVE #216 3 0 100 0 100 0.001179
GEKAKIS & COMPANY 345 LORTON AVE #204 3 0 100 0 100 0.001179
FLORAL ART + DECOR 1414 BURLINGAME AVE 1 960 125 100 225 0.002653
SALT & STRAW LLC 1309 BURLINGAME AVE 1 1096 125 150 275 0.003242
QUADRIC.IO, INC.330 PRIMROSE RD #306 3 0 100 0 100 0.001179
INTERO REAL ESTATE SERVICES 200 PARK RD 3 0 100 0 100 0.001179
DEWEY LAND COMPANY 240 LORTON AVE, 4TH FLR 3 0 100 0 100 0.001179
BARRY'S 1333 HOWARD AVE 2 2450 100 200 300 0.003537
NEWVIEW CAPITAL MANAGEMENT, LLC.1201 HOWARD AVE #101 3 0 100 0 100 0.001179
TUNA KAHUNA 1117 BURLINGAME AVE 1 780 125 100 225 0.002653
EDDY'S BARBER SHOP 1200 HOWARD AVE #106 2 500 100 80 180 0.002122
JARIS INC.1409 CHAPIN AVE, MEZZANINE 3 100 0 100 0.001179
BASECAMP FITNESS, LLC.261 CALIFORNIA DRIVE 2 6000 100 480 580 0.006838
FUTURE WORLD STUDIOS 340 LORTON AVE #210 3 100 0 100 0.001179
JB INVESTMENT CO.1220 HOWARD AVE #201 3 100 0 100 0.001179
CHERIMOYA 1407 BURLINGAME AVE 1 1200 125 150 275 0.003242
THE CLASSIC BARBER 229 PARK RD 2 330 100 0 100 0.001179
SKINSPIRIT ESSENTIAL, LLC.1375 BURLINGAME AVE #A 1 3880 125 400 525 0.006189
VELVET 48 310 LORTON AVE 2 1105 100 120 220 0.002594
TEMPUR RETAIL STORES 1422 BURLINGAME AVE 1 2500 125 300 425 0.005010
LA VIE NAIL BAR 1217 BURLINGAME AVE 1 1000 125 150 275 0.003242
JANIE AND JACK #0938 1202 BURLINGAME AVE 1 1240 125 150 275 0.003242
MEDITERRANEAN KITCHEN - CARGO INC.270 LORTON AVE 2 2000 100 200 300 0.003537
MONZOE NAIL SPA 308 LORTON AVE 2 950 100 80 180 0.002122
STRETCH LAB 217 PRIMROSE RD 2 900 100 80 180 0.002122
ARTISAN PARTNERS LIMITED 1204 BURLINGAME AVE #8, 9, 10 3 100 0 100 0.001179
DR. SARA SAATCHI 1408 CHAPIN AVE #5 3 100 0 100 0.001179
MADEWELL 1234 BURLINGAME AVE 1 2160 125 250 375 0.004421
169
Name Location Zone Sq Ft Base Surcharge Total Weighted
Vote
REVI, INC.330 PRIMROSE RD #217 3 100 0 100 0.001179
TWO RAVENS CAPITAL, LLC.330 PRIMROSE RD #406 3 100 0 100 0.001179
A.W. DEVELOPMENT 330 PRIMROSE RD #409-B 3 100 0 100 0.001179
NICK DELIS CO, INC.347 PRIMROSE RD 2 787 100 80 180 0.002122
COMPASS 1440 CHAPIN AVE 3 100 0 100 0.001179
IFS COLLECTIVE 330 PRIMROSE ROAD #505 3 100 0 100 0.001179
MYKONOS MEZE HOUSE 226 LORTON AVENUE 2 2000 100 200 300 0.003537
REBECA APTEKAR PSYD 1290 HOWARD AVE #204 3 100 0 100 0.001179
D & A HAIR ARTISTRY LLC 1419 BURLINGAME AVE 3 100 0 100 0.001179
BURLINGAME OPTOMETRY 411 PRIMROSE RD 2 900 100 80 180 0.002122
WARBY PARKER 1400 BURLINGAME AVE 1 1000 125 150 275 0.003242
BLEACHED 247 PARK RD 3 100 0 100 0.001179
MASALA DESI CAFE 321 PRIMROSE RD 2 845 100 80 180 0.002122
ANTHEM HOME 1208 DONNELLY AVE 2 4750 100 400 500 0.005894
GAVILAN INVESTMENT PARTNERS 330 PRIMROSE RD 3 100 0 100 0.001179
GRUPOLOGY 1419 CHAPIN AVE #101 3 100 0 100 0.001179
GUARANTEED RATE AFFINITY 401 PRIMROSE RD #J 3 100 0 100 0.001179
NATURAL BRONZING TANNING 1140 HOWARD AVE 2 2125 100 200 300 0.003537
BUSY LIZZY'S BAKED GOODS 1231 BURLINGAME AVE 1 600 125 100 225 0.002653
PIPER SANDLER & CO 1409 CHAPIN AVE #200 3 100 0 100 0.001179
LYDIAN ACADEMY, LLC 205 PARK RD 3 100 0 100 0.001179
SHARON'S BEAUTY 1100 HOWARD AVE #C 2 1430 100 120 220 0.002594
VILLAGE COACHES LLC 251 PARK RD #200 3 100 0 100 0.001179
SCOOP PILATES 401 PRIMROSE RD #A 3 100 0 100 0.001179
INKED BEAUTY BAR 1419 BURLINGAME AVE #P1 3 100 0 100 0.001179
JESSIE LIU COLLECTION 347 PRIMROSE RD #C 2 900 100 80 180 0.002122
BAY AREA MARRIAGE & FAMILY THERAPY INC 405 PRIMROSE RD #314 3 100 0 100 0.001179
CHRISTINE TAM PSYCHOTHERAPY 405 PRIMROSE RD #318 3 100 0 100 0.001179
MARIANNE SCHEMBRI, LMFT 405 PRIMROSE ROAD, #206 3 100 0 100 0.001179
REAL PROPERTY MANAGEMENT MID-PENINSULA 405 PRIMROSE RD STE 209 3 100 0 100 0.001179
INSPIRATION VENTURE PARTNERS 330 PRIMROSE RD STE 612 3 100 0 100 0.001179
BAY AREA REPRODUCTIVE HEALTHCARE 345 LORTON AVE STE 101 3 100 0 100 0.001179
DBM CLOUD SYSTEMS 345 LORTON AVE #401 3 100 0 100 0.001179
REGINA BOOKS + OPERATING 251 PARK RD #600 3 100 0 100 0.001179
CAFFE STELLATO 1112 BURLINGAME AVE 1 420 125 0 125 0.001474
SEV LASER AESTHETICS 1445 BURLINGAME AVE 1 2120 125 250 375 0.004421
RELIANCE CLOTHING 1350 BURLINGAME AVE 1 2000 125 250 375 0.004421
170
Name Location Zone Sq Ft Base Surcharge Total Weighted
Vote
ITOYA TOPDRAWER CORP 1311 BURLINGAME AVE 1 522 125 100 225 0.002653
BRIDGESPAN TECHNOLOGIES 1290 HOWARD AVE #302 3 100 0 100 0.001179
CROWN CASTLE USA 1110 BURLINGAME AVE #300 3 100 0 100 0.001179
MASSAGE ENVY 1209 HOWARD AVE 2 2000 100 200 300 0.003537
AKCOK LAW OFFICES 330 PRIMROSE RD #510 3 100 0 100 0.001179
COPENHAGEN BAKERY & CAFE 1216 BURLINGAME AVE 1 4500 125 500 625 0.007368
BOUDOIR BY LILY 1214 BURLINGAME AVE #2 2 250 100 0 100 0.001179
GOLDEN GATE SOTHEBY'S INT'L REALTY 360 PRIMROSE RD 2 4200 100 360 460 0.005423
SOUTHERN TANS 401 PRIMROSE RD #C 3 100 0 100 0.001179
SUPERFOODS GROUP BURLINGAME LLC 225 PRIMROSE RD 2 1000 100 120 220 0.002594
MINTS AND HONEY 1166 HOWARD AVE 2 1944 100 160 260 0.003065
3PRONG INC 1375 BURLINGAME AVE #L2 3 100 0 100 0.001179
MODA WELLNESS 3445 LORTON AVE #304 3 100 0 100 0.001179
BABYBAYVAL NAIL STUDIO & ACADEMY 1419 BURLINGAME AVE #V 3 100 0 100 0.001179
ARC70 CAPITAL LLC 250 CALIFORNIA DR 2 100 0 100 0.001179
SUNRIGHT TEA STUDIO 346 LORTON AVE 2 1000 100 120 220 0.002594
MAISON ALYZEE BURLINGAME LLC 1208 BURLINGAME AVE 1 1480 125 150 275 0.003242
MANCINI'S SLEEPWORLD INC 1426 BURLINGAME AVE 1 8000 125 600 725 0.008547
THE NOW BURLINGAME 1429 BURLINGAME AVE 1 2860 125 300 425 0.005010
URBAN KITCHEN 1152 BURLNGAME AVE 1 3000 125 350 475 0.005600
TWELVEMONTH 330 LORTON AVE 2 4212 100 360 460 0.005423
BLUE JUNIPER WELLNESS 251 PARK RD #251-2 3 100 0 100 0.001179
PAPER SOURCE LLC 1325 BURLINGAME AVE 1 3650 125 400 525 0.006189
RESTAURANTE GUATAMALTECO EL 216 CALIFORNIA DR 2 300 100 0 100 0.001179
CITY NEEDLEWORK LLC 1375 BURLINGAME AVE #202B 3 100 0 100 0.001179
CMX BEAUTY 1403 CHAPIN AVE.2 315 100 0 100 0.001179
CHOUCHOU FRENCH BISTRO 401 PRIMROSE RD #D/E 3 100 0 100 0.001179
SOLA SALON 218 PRIMROSE RD 2 7000 100 480 580 0.006838
URBAN PET INC 220 PRIMROSE RD 2 1000 100 120 220 0.002594
BURLINGAME TOBACCONISTS 1404 BURLINGAME AVE 1 488 125 0 125 0.001474
LUGGAGE CENTER SHERRPA LLC 1207 BURLINGAME AVE 1 1840 125 200 325 0.003831
PENFLORA DESIGNS 1243 HOWARD AVE 2 1000 100 120 220 0.002594
REALTY ONE GROUP EXTREME 407 PRIMROSE RD 2 474 100 0 100 0.001179
VLEEK BEAUTY LLC 1419 BURLINGAME AVE #D 3 100 0 100 0.001179
BACKHAUS LLC 261 CALIFORNIA DR 2 6000 100 480 580 0.006838
GIGGLEMUGS 1461 BURLINGAME AVE 1 1920 125 200 325 0.003831
BERZIN AESTHETICS 1419 BURLINGAME AVE #M 3 100 0 100 0.001179
171
Name Location Zone Sq Ft Base Surcharge Total Weighted
Vote
FREEMODEL 1110 BURLINGAME AVE #2 3 100 0 100 0.001179
SESAME LABS 1290 HOWARD AVE #320 3 100 0 100 0.001179
CLEARSPEED INC 405 PRIMROSE RD #320 3 100 0 100 0.001179
BABBLE SPEECH THERAPY 405 PRIMROSE RD #324 3 100 0 100 0.001179
ALICE LORRAINE SALON 1120 BURLINGAME AVE #100 3 100 0 100 0.001179
BARNES & NOBLE BOOKSELLERS INC 1232 BURLINGAME AVE 1 2160 125 250 375 0.004421
LEO EPP COMPANY INC 1220 HOWARD AVE #216 3 100 0 100 0.001179
ORANGE COAST TITLE COMPANY 398 PRIMROSE RD #220 3 100 0 100 0.001179
DABS INC 1375 BURLINGAME AVE #L1 2 500 100 80 180 0.002122
ARCHIVED SF 1419 BURLINGAME AVE #W 3 100 0 100 0.001179
ELEVEN & LUXE 251 PARK RD #710 3 100 0 100 0.001179
SKIN LAUNDRY 241 PRIMROSE RD 2 950 100 80 180 0.002122
COMMON METAL 1450 CHAPIN AVE #150 3 100 0 100 0.001179
GENESIS THERAPEUTICS 1440 CHAPIN AVE #385 3 100 0 100 0.001179
LOTUS FALAFEL & SHAWARMA 1107 BURLINGAME AVE 1 975 125 100 225 0.002653
MONDAY BEAUTY CO 211 PARK RD 2 400 100 0 100 0.001179
LUYI PILATES 1375 BURLINGAME AVE #202A 3 100 0 100 0.001179
BANK OF THE ORIENT 1423 BURLINGAME AVE 1 3000 125 350 475 0.005600
MISSION HOME REMODELING 405 PRIMROSE RD #312 3 100 0 100 0.001179
BAYSIDE COUNSELING 1204 BURLINGAME AVE #2 3 100 0 100 0.001179
LIU LAW FIRM, P.C.1204 BURLINGAME AVE #3 3 100 0 100 0.001179
EXPANDING CAPITAL 1204 BURLINGAME AVE #5 3 100 0 100 0.001179
STRIKE GOLD ARTISTRY 218 PRIMROSE RD # 13 3 100 0 100 0.001179
ONYX SALON INC 1113 BURLINGAME AVE 1 1500 125 200 325 0.003831
GOOD THING COFFEE 341 PRIMROSE RD 2 720 100 80 180 0.002122
LOVE YOUR STORY 405 PRIMROSE RD #208 3 100 0 100 0.001179
LEVIT8 LOUNGE LLC 1200 HOWARD AVE #102 2 1900 100 160 260 0.003065
GREAT CLIPS 211 PRIMROSE RD 2 900 100 80 180 0.002122
NIHON X US INC 345 LORTON AVE #306 3 100 0 100 0.001179
NURSE NEXT DOOR SAN MATEO 1290 HOWARD AVE #201-H 3 100 0 100 0.001179
GREENBRIDGE FAMILY FOUNDATION 1229 BURLINGAME AVE #203 3 100 0 100 0.001179
STREAMLINE AI 1290 HOWARD AVE #319 3 100 0 100 0.001179
NEXT GEN FINANCE 330 PRIMROSE RD #202 3 100 0 100 0.001179
CAPRI LASAGNERIA 231 PARK RD 2 525 100 80 180 0.002122
ABERCROMBIE & FITCH 1218 BURLINGAME AVE 1 6043 125 600 725 0.008547
UME TEA 283 LORTON AVE 2 650 100 80 180 0.002122
AMPERSAND CAPITAL GROUP LP 1290 HOWARD AVE #201-D 3 100 0 100 0.001179
172
Name Location Zone Sq Ft Base Surcharge Total Weighted
Vote
KIMIKANA BEAUTY 1205 HOWARD AVE 2 1650 100 160 260 0.003065
STOCKTON SODA ASH PORT LLC 340 LORTON AVE #215 3 100 0 100 0.001179
TRUFFLE POKE BAR 1212 DONNELLY AVE 2 825 100 80 180 0.002122
DRYBAR BURLINGAME 245 PRIMROSE RD 2 950 100 80 180 0.002122
ANNA NEW YORK 1204 BURLINGAME AVE #7 3 100 0 100 0.001179
DUMPLING KITCHEN & BAR 1125 BURLINGAME AVE 1 1600 125 200 325 0.003831
OLIVE REALTY 251 PARKD RD #900 3 100 0 100 0.001179
IVANA'S INTERIORS 1204 BURLINGAME AVE #5A 3 100 0 100 0.001179
EMILY'S NAIL SPA 1304 HOWARD AVE 2 100 0 100 0.001179
SOLID FOUNDATION 1229 BURLINGAME AVE #204 3 100 0 100 0.001179
FAMILY CARE AT HOME 330 PRIMROSE RD #214 3 100 0 100 0.001179
RAYAF VENTURE INC 251 PARK RD #125 3 100 0 100 0.001179
CLEAN BINS LLC 251 PARK RD #550 3 100 0 100 0.001179
LASERAWAY MEDICAL GROUP, INC.1411 BURLINGAME AVE 1 1073 125 150 275 0.003242
CLOUD 9 FOOT SPA BURLINGAME 1321 HOWARD AVE 2 800 100 80 180 0.002122
HAPPY LEMON BURLINGAME 1419 BURLINGAME AVE #A 1 800 125 100 225 0.002653
BUENA'S ORGANIC SOFT SERVE 1215 BURLINGAME AVE 1 1200 125 150 275 0.003242
THE CURIOSITY CENTER 1220 HOWARD AVE #230 3 100 0 100 0.001179
CANCER RESEARCH INSTITUTE 330 PRIMROSE RD #600 3 100 0 100 0.001179
WESTCORE STUDIO 190 PRIMROSE RD 2 1476 100 120 220 0.002594
ASH AND GOLD SALON 1375 BURLINGAME AVE #204B 3 100 0 100 0.001179
KOHLER SIGNATURE STORE HAJOCA CORPORATION 255 LORTON AVE 2 1000 100 120 220 0.002594
ENGELS AND VOELKERS 1408 Chapin Ave #1 3 100 0 100 0.001179
ROSE BOWLUS LAW 301 California Dr #7 3 100 0 100 0.001179
KMD ANTIQUES AND DESIGN ATELIER 275 Primrose Rd 2 550 100 80 180 0.002122
393 41,525.00 43,300.00 84,825.00 1.000000
173
1
STAFF REPORT
AGENDA NO: 10b
MEETING DATE: September 15, 2025
To: Honorable Mayor and City Council
Date: September 02, 2025
From: Lisa K. Goldman, City Manager – (650) 558-7204
Michael Guina, City Attorney – (650) 558-7204
Neda Zayer, Community Development Director – (650) 558-7253
Subject: Adoption of a Resolution Adopting an Amended and Restated Conditional
Use Permit for Enterprise Rent-A-Car Company for a Car Rental, Storage,
and Repair Facility Located at 778 Burlway Road; CEQA Determination:
Exempt Pursuant to State CEQA Guidelines Section 15301 (Class 1 –
Existing Facilities);
Adoption of a Resolution Approving an Agreement Between the City of
Burlingame and Enterprise Rent-A-Car Company for Development of the
Property at 778 Burlway Road, and Authorizing the City Manager to Execute
the Agreement
RECOMMENDATION
Staff recommends that the City Council adopt:
A resolution amending and reinstating a Conditional Use Permit for a car rental, storage,
and repair facility for Enterprise Rent-A-Car Company located at 778 Burlway Road and
determining the project is exempt from CEQA pursuant to State CEQA Guidelines secti on
15301 (Class 1 – Existing Facilities).
A resolution authorizing the City Manager to execute an Agreement with Enterprise Rent-
a-Car regarding terms of development of the site.
BACKGROUND
The 8.6-acre site located at 778 Burlway Road lies within the Bayfront Commercial (BFC) and Tidal
Plain/Bay (TP/B) zoning districts. Enterprise Rent-A-Car currently operates a car rental, storage,
and repair facility on the site under an existing Conditional Use Permit (CUP) that allows the
business to continue operating the non-conforming use. Under the current Bayfront Commercial
zoning and General Plan land use designation, car rental and storage facilities are not permitted.
This area is instead envisioned for higher-intensity uses such as entertainment venues,
restaurants, hotels and motels, retail establishments, and office developments.
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Enterprise Rent-A-Car Conditional Use Permit and Agreement September 15, 2025
2
History
In 1985, Alamo Rent-A-Car assumed control of an existing car rental operation at 778 Burlway
Road/1470 Bayshore Highway and the Conditional Use Permit (CUP) in place. The site supported
a variety of functions, including administrative offices for Alamo Rent-A-Car, storage for up to 400
vehicles, maintenance of rental cars from both San Francisco International Airport (SFO) and the
on-site fleet, and on-site rental services. In 2009, Enterprise Rent-A-Car acquired Alamo Rent-A-
Car and assumed operations at the site.
Over the years, the City Council approved multiple amendments to the CUP (Resolution Nos. 66-
2019, 008-2020, 122-2020), allowing for expansions and modifications to the operation to reflect
proposed redevelopment of the site to a conforming use based on certain timelines. The timelines
were delayed based on the need to evaluate alternative development plans, as well as delay
caused by the COVID-19 pandemic.
Enterprise Rent-A-Car has continued to pursue the long-term redevelopment of the property. In
partnership with Millennium Partners, the original developer of Burlingame Point, Enterprise Rent-
A-Car is working to craft a development proposal that aligns with the permitted uses and long-term
vision for the Bayfront Commercial zoning district and the broader Bayfront area.
To allow further time for a development proposal to materialize, and given the upcoming October
3, 2025 expiration of deadlines in the existing Conditional Use Permit, Enterprise Rent-A-Car is
requesting an amendment to the existing Conditional Use Permit to modify the Conditions of
Approval related to the timing triggers and financial obligations.
Staff is recommending that these timing and financial provisions be removed from the CUP and
instead incorporated into a separate, stand-alone agreement with Enterprise. Under this approach,
the CUP would only contain those Conditions of Approval pertaining to the ongoing operation and
use of the site. Additional details regarding the proposed CUP amendment and restatement and
the accompanying agreement are provided below.
DISCUSSION
Conditional Use Permit
As previously noted, Alamo Rent-A-Car has been operating a car rental, storage, and repair facility
at 778 Burlway Road under a Conditional Use Permit (CUP) since 1985, and since 2008, as
Enterprise Rent-A-Car. The facility primarily serves travelers from San Francisco International
Airport (SFO). While most rental transactions occur directly at SFO, the Burlway Road site also
houses a leasing office and administrative functions.
The majority of the fleet’s storage and maintenance t akes place at this location, which has the
physical capacity to accommodate up to 800 vehicles. However, the current CUP limits on-site
vehicle storage to 600 vehicles. This number includes vehicles undergoing maintenance, newly
added fleet vehicles, and vehicles temporarily held during peak demand periods or awaiting transfer
to SFO. Employee vehicles are not included in this total as they are parked separately in a
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Enterprise Rent-A-Car Conditional Use Permit and Agreement September 15, 2025
3
designated lot fronting Old Bayshore Highway. An employee parking lot provides 78 parking
spaces.
No exterior modifications or changes to the current operation or site design are proposed. The
facility will continue to operate under the same conditions and criteria previously approved in the
existing CUP. The project plans (attached) reflect t he same site configuration and layout that has
been in place since 2003. Given that the car rental operations are a legal nonconforming use, the
use cannot expand or be modified except under limited conditions, none of which are proposed.
Instead, the owner intends to redevelop the property to conform to existing zoning regulations and
has agreed to specific timeline(s) set forth by the City in a separate Agreement described below.
The attached draft resolution includes updated Conditions of Approval related to the operation and
use of the property. These conditions govern various aspects of the facility’s operations, including
designated vehicle delivery locations and times, hours of operation, employee parking areas,
maintenance of the property and adjacent Bay Trail, and a prohibition on any expansion or
intensification of the use.
Agreement
The current CUP contains terms for development of the site. In amending and restating the CUP,
the development terms are now reflected in the proposed Agreement between Enterprise Rent-A-
Car and the City. The major components of the Agreement are described below.
Annual Payment
Beginning on October 1, 2025 (“Year 1”), Enterprise Rent-A-Car shall pay the City $500,000 (the
“Annual Fee”). The Annual Fee will increase by 5% each year through the fifth year, October 1,
2029 (“Year 5”). During this five-year period, Enterprise Rent-A-Car intends to proceed with
development of a project on the site consistent with the current allowed uses on the Bayfront (an
“Entitled Project”). Enterprise Rent-A-Car may pursue development of the Entitled Project on its
own or with a development partner. The schedule of payments during the five-year period is
summarized in the table below:
Year 1 Annual Fee
(October 1, 2025)
Year 2 Annual
Fee
(October 1,
2026)
Year 3 Annual
Fee
(October 1,
2027)
Year 4 Annual
Fee
(October 1,
2028)
Year 5 Annual
Fee
(October 1,
2029)
Year 6 and Beyond
Annual Fees
(Beginning October
1, 2030, and every
October 1
thereafter)
$500,000 $525,000 $551,250 $578,813 $607,753 10% increase from
preceding Annual
Fee
Beginning in Year 6 (October 1, 2030), and annually on October 1 thereafter, the Annual Fee shall
increase by 10% each year from the preceding Annual Fee.
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Enterprise Rent-A-Car Conditional Use Permit and Agreement September 15, 2025
4
The payment of the Annual Fee shall cease once Enterprise Rent-A-Car obtains its first vertical
building permit for the Entitled Project, except that a prorated Annual Fee is due during any partial
year.
However, if Enterprise Rent-A-Car fails to obtain a Certificate of Occupancy for the Entitled Project
within five years of issuance of the first vertical building permit, the obligation for Enterprise Rent-
A-Car to pay the Annual Fee, as well as the Flat Rentals Fee or the Gross Rentals Fee (described
below), shall be reinstated until a Certificate of Occupancy for the Entitled Project is obtained.
Flat Rentals Fee, Gross Rentals Fee
In addition to the Annual Fee, Enterprise Rent-A-Car shall pay to the City $36,500 (the “Flat Rentals
Fee”) every July 1, as long as the site remains a rental car facility. However, if 1% of Enterprise
Rent-A-Car’s gross car rental revenue exceeds $36,500 (excluding San Francisco Airport
contracts), then instead of paying the Flat Rentals Fee, Enterprise Rent-A-Car shall pay 1% of the
gross rentals (the “Gross Rentals Fee”).
As with the Annual Fee, payment of the Flat Rentals Fee or the Gross Rentals Fee will cease upon
issuance of the first vertical building permit. However, if Enterprise Rent-A-Car does not obtain a
Certificate of Occupancy withing five years of issuance of that building permit, the obligation to pay
the Flat Rentals Fee or the Gross Rentals Fee shall be reinstated until a Certificate of Occupancy
for the Entitled Project is obtained.
Term of the Agreement
The Initial Term of the Agreement is five years to allow Enterprise Rent-A-Car time to develop the
Entitled Project. The term shall then automatically extend for one-year periods thereafter until
Enterprise Rent-A-Car receives a Certificate of Occupancy for an Entitled Project.
Transfers and Assignments
Enterprise Rent-A-Car shall have the right to assign or transfer its rights under the Agreement to a
third party, including but not limited to Millennium Partners, subject to the consent and approval of
the City.
Environmental Review
The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15301 (Class 1 – Existing Facilities) which consists of the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or private
structures, facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of existing or former use. There is no proposed expansion of the existing facilities or
structures onsite or intensification of the use. The proposed resolution would approve an agreement
for redevelopment timelines, and any future redevelopment would be required to undergo CEQA
review at the time of any discretionary approvals
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Enterprise Rent-A-Car Conditional Use Permit and Agreement September 15, 2025
5
FISCAL IMPACT
The City shall receive the Annual Payment, plus either the Flat Rentals Fee or the Gross Rentals
Fee, as the case may be, in the amounts and for the period described above.
Exhibits:
Resolution for Conditional Use Permit at 778 Burlway Road
o Exhibit A – Project Plans
Resolution for an Agreement with Enterprise Rent-A-Car
o Agreement
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Page 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING AND
RESTATING A CONDITIONAL USE PEMIT FOR A CAR RENTAL, STORAGE AND REPAIR
FACILITY FOR ENTERPRISE RENT-A-CAR COMPANY OF SAN FRANCISCO AT 778
BURLWAY ROAD, PROJECT NO. AMEND25-0003; CEQA DETERMINATION: EXEMPT
PURSUANT TO STATE CEQA GUIDELINES SECTION 15301 (CLASS 1 – EXISTING
FACILITIES)
WHEREAS, an application has been made by Enterprise Rent-A-Car Company of San
Francisco, on behalf of Property Owner, Vangaurd Real Estate Holdings, LLC for an Amendment to a
Conditional Use Permit for a car rental, storage and repair facility on a 8.6 acre site in the BFC and
TP/B (Bayfront Commercial and Tidal Plain/Bay) zoning district, APN: 026-113-510; and
WHEREAS, the property at 778 Burlway Road has been used for car rental, storage, and repair
with a Conditional Use Permit since 1985, as a legal nonconforming use under the current BFC and
TP/B zoning district; and
WHEREAS, the owner and City desire to bring the property into conformance with the Zoning
Code and thus propose updating the existing Conditional Use Permit (CUP) and adoption of a separate
agreement to govern the timelines and process by which such redevelopment will occur as well as the
Property Owner’s financial obligations; and
WHEREAS, on September 15, 2025. the City Council of the City of Burlingame held a duly
noticed public hearing at which time it reviewed and considered the staff report and all other written
materials and testimony presented at said hearing; and
WHEREAS, on September 15, 2025, the City Council of the City of Burlingame reviewed and
considered a Categorical Exemption under Section 15301 (Class 1, Existing Facilities) for the Project;
and
NOW, THEREFORE, the City Council of the City of Burlingame does here by resolve, find, determine
and order as follows:
SECTION 1: The project is Categorically Exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines which
consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical features,
involving negligible or no expansion of existing or former use. There is no proposed expansion of the
existing facilities or structures onsite or intensification of the use.
SECTION 2: City of Burlingame Municipal Code (BMC) authorizes the City Council, as Review
Authority to amend and restate the Conditional Use Permit upon making certain findings. The City
Council finds the following:
CONDITIONAL USE PERMIT FINDINGS (BMC SECTION 25.66.060)
1. The proposed use is consistent with the General Plan and any applicable specific plan.
The project site is located in the Bayfront Commercial and Baylands General Plan Land Use
Designations and not located within a Specific Plan. The car rental, storage, and repair facility
use was established prior to the current land use designations which became effective in 2019.
The car rental, storage, and repair facility is considered a legal non-conforming use that was
established through a Conditional Use Permit prior to 1985 and has continued to operate since
that time. The use was legally established and can continue to operate under the conditions
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established in this Conditional Use Permit, Article 5 – Nonconformities of Chapter 25 – Zoning
of the Burlingame Municipal Code, and all other applicable local, State, and Federal
requirements and agreements.
2. The proposed use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
The project site is located in the Bayfront Commercial and Tidal Plain/Bay zoning district. The
car rental, storage, and repair facility use was established prior to the current zoning districts
and uses which became effective in 2021. The car rental, storage, and repair facility is
considered a legal non-conforming use that was established through a Conditional Use Permit
prior to 1985 and has continued to operate since that time. The use was legally established
and can continue to operate under the conditions established in this Conditional Use Permit,
Article 5 – Nonconformities of Chapter 25 – Zoning of the Burlingame Municipal Code, and all
other applicable local, State, and Federal requirements and agreements.
3. The design, location, size, and operating characteristics of the proposed activity will be
compatible with the existing and future land uses in the vicinity.
The 8.6-acre site is located adjacent to Old Bayshore Highway and within 1,200 feet of a
northbound Highway 101 onramp, providing direct access to San Francisco International
Airport—the primary destination for most rental car customers. The size of the property
provides adequate space for vehicle inventory storage, repair operations, and employee
parking, all without encroaching on surrounding streets or neighboring properties. The site is
surrounded by airport-related uses, office buildings, hotels, and light industrial facilities, making
it well-suited for this type of operation. Subject to the Conditions of Approval, the proposed car
rental, storage, and repair facility is considered compatible with the surrounding land uses.
4. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the proposed use to
accommodate the use, and all fences, landscaping, loading, parking, spaces, walls,
yards, and other features required to adjust the use with the land and uses in the
neighborhood;
b. Streets and highways adequate in width and pavement type to accommodate public
and emergency vehicle (e.g., fire and medical) access;
c. Public protection services (e.g., fire protection, police protection, etc.); and
d. The provision of utilities (e.g., potable water, schools, solid waste collection and
disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).
The 8.6-acre site is located adjacent to Old Bayshore Highway and within 1,200 feet of a
northbound Highway 101 onramp, providing direct access to San Francisco International
Airport—the primary destination for most rental car customers. The site offers ample space to
accommodate vehicle inventory storage, repair activities, and employee parking, all without
impacting surrounding streets or neighboring properties. Adequate on-site fire lanes and
access routes ensure emergency vehicles can reach all existing buildings and uses as needed.
Additionally, the site is fully served by essential utilities and has been designed to comply with
all applicable stormwater runoff and water discharge requirements.
5. The measure of site suitability shall be required to ensure that the type, density, and intensity
of use being proposed will not adversely affect the public convenience, health, interest, safety,
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or general welfare, constitute a nuisance, or be materially injurious to the improvements,
persons, property, or uses in the vicinity and zoning district in which the property is located.
The subject property and proposed uses will not adversely impact surrounding properties or
public convenience due to several key factors: its proximity to major thoroughfares, including
Highway 101; the ample size of the site, which provides sufficient space for the intended
operations; the nature of the proposed use; and the mandatory compliance with the Conditions
of Approval outlined in the Conditional Use Permit Amendment.
SECTION 3: The City Council of the City of Burlingame after conducting the public hearing
HEREBY APPROVES AMEND25-0003 subject to the following conditions:
CONDITIONS OF APPROVAL
1. Project Description. The applicant shall comply with the project description, project plans
entitled ANC Rental Corporation consisting of 5 pages dated January 2, 2003, and Conditions
of Approval of this permit. Any changes from the project description, project plans, or
Conditions of Approval, shall require an amendment.
2. Permit Supersedes. This Conditional Use Permit (AMEND25-0003) shall supersede any prior
Conditional Use Permits, Conditional Use Permit Amendments, and Conditional Use Permit
Extensions.
3. Hours of Operation. The car rental, maintenance and storage facility may be open for business
from 6:00 a.m. to 10:30 p.m., seven days a week, and there shall be no more than 50
employees and 25 customers on-site at any one time.
4. Vehicle Storage. There shall be a maximum of 600 vehicles stored on-site at any one-time,
including vehicles that are on-site for maintenance. There shall be a maximum of two vehicle
carriers on-site to pick-up or deliver vehicles at any one time.
5. Vehicle Delivery. No vehicle inventory shall be loaded, unloaded or stored on any public street,
in any public right-of-way, or in any public access area.
6. Vehicle Delivery Times. No vehicle carries or haulers shall arrive to or depart from the site to
pick-up or deliver vehicles between the hours of 7:00 a.m. and 9:00 a.m. or 4:00 p.m. and 6:00
p.m. daily; and all such deliveries shall be made on-site without impact to the public street or
right-of-way.
7. Employee Parking. All employees shall be required to park in the employee parking lot in the
southwestern portion of the site consisting of 78 parking spaces which shall be made available
24 hours a day, seven days a week. The employee parking lot shall be designated with clear
signage and employee vehicles shall have employee identification, such as stickers or tags,
that are clearly visible.
8. Non-Conforming Use. There shall be no expansion, intensification or changes of use of the
subject property, except to a permitted use under applicable zoning, as the allowed use under
these provisions is non-conforming and subject to Article 5 – Nonconformities of Chapter 25 –
Zoning of the Burlingame Municipal Code.
9. Fire Lane. The fire lane from the east end of the site to Burlway Road shall be maintained and
unobstructed on a permanent basis as required by the Central County Fire Department and
Public Works Department of the City of Burlingame.
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10. Bay Trail. The property owner shall be responsible for the maintenance of the public access
trail and improvements adjacent to the subject property for the life of the project and shall be
liable for any damage caused to the public for failure to maintain these facilities to a safe
standard.
11. Water Discharge. The property owner shall install and maintain on a regular basis as
prescribed by the City’s NPDES inspector, petroleum filter pillows in all parking lot catch basins
throughout the site, that all water used for washing cars on site shall be recycled by a method
approved by the City Engineer, and that failure to maintain the effectiveness of these systems
on an on-going basis shall cause this Conditional Use Permit to be reviewed by the Review
Authority.
12. Property Maintenance. The property shall be maintained in a clean and orderly manner at all
times consistent with all applicable provisions of the Burlingame Municipal Code.
SECTION 4: This Conditional Use Permit approval shall be subject to revocation if the
applicant fails to comply with the conditions listed herein at any time. If, at any time, the Community
Development Director or City Council determine that there has been or may be a violation of the
findings or conditions of this approval, or of the Zoning Regulations, a public hearing may be held
before the City Council to review this approval pursuant to Zoning Regulation Section 25.88.050. At
said hearing, the City Council may add conditions, or recommend enforcement actions, or revoke the
approval entirely, as necessary to ensure compliance with the Zoning Regulations, and to provide for
the health, safety, and general welfare of the community.
_______________________________
Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution
was introduced at a regular meeting of the City Council, held on the 15th day of September, 2025, and
was adopted thereafter by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_______________________________
City Clerk
Exhibit:
Exhibit A – Project Plans
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185
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AN
AGREEMENT BETWEEN THE CITY OF BURLINGAME AND ENTERPRISE RENT-A-CAR
COMPANY FOR DEVELOPMENT OF THE PROPERTY AT 778 BURLWAY ROAD, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, ENTERPRISE RENT-A-CAR CO OF SAN FRANCISCO, LLC, (“Enterprise”)
has used the property located at 778 Burlway Road (“Property”) for car rental services uses since
1985; and
WHEREAS, sometime after 1985, the City updated its Zoning Code, and car rental
services were prohibited on the Property; and
WHEREAS, the Property is in the Bayfront Commercial Zoning District, which is intended
to provide opportunities for research and development and local and tourist commercial uses,
including but not limited to restaurants, office, and personal services, and car rental services are
currently a legal non-conforming use; and
WHEREAS, an existing Conditional Use Permit (last revised September 2020; “CUP”)
regulates the existing rental car use on the Property; and the CUP has been modified and
extended several times to allow for expansions and modifications to the operation to reflect
proposed redevelopment of the Property to a conforming use based on certain timelines, which
were delayed based on the need to evaluate alternative development plans, as well as delay
caused by the COVID-19 pandemic; and
WHEREAS, the City and Enterprise desire to concurrently amend and restate the CUP,
as well as enter into this Agreement establishing the rights and obligations of the Parties with
respect to redevelopment of the Property;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
RESOLVES AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and incorporated into this Resolution
by this reference.
Section 2. The City Council approves the Agreement, in the form attached hereto,
between the City of Burlingame and Enterprise for development of the Property at 778 Burlway
Road, and authorizes the City Manager to execute the Agreement
Section 3. The City Manager is authorized to make any minor revisions, amendments,
corrections, and modifications to the Agreement, subject to the approval of the City Attorney,
deemed necessary to carry out the intent of this Resolution and which do not materially alter the
Council’s approval of the Agreement
Section 4. The City Manager is authorized to take any other related actions consistent with
the intention of this Resolution.
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2
NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective
immediately upon its passage and adoption.
Mayor
I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was adopted at a regular meeting of the City Council held on the 15th day of
September 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Meaghan Hassel Shearer, City Clerk
189
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Attention: City Clerk
Space Above This Line Reserved for Recorder’s Use
Exempt from Recording Fee Per Government Code Section 27383
AGREEMENT
BY AND BETWEEN
CITY OF BURLINGAME
a municipal corporation
AND
ENTERPRISE RENT-A-CAR CO OF SAN FRANCISCO, LLC
Effective Date: _______________, 2025
190
1
AGREEMENT
This AGREEMENT (“Agreement”) dated as of __________, 2025 (“Effective Date”), is
entered into by and between ENTERPRISE RENT-A-CAR CO OF SAN FRANCISCO, LLC,
(“Enterprise”) and the CITY OF BURLINGAME, a California municipal corporation (“City”).
Enterprise and City are sometimes referred to individually herein as a “Party” and collectively as
“Parties.”
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and
intentions of the Parties, and the following recitals are a substantive part of this Agreement and
incorporated herein; terms are defined throughout this Agreement as indicated in bold language.
A. Enterprise has used the property located at 778 Burlway Road (“Property”; further
described and depicted on Exhibit A hereto) for car rental services uses since 1985. Sometime
after 1985, the City updated its Zoning Code, and car rental services were prohibited on the
Property. The Property is in the Bayfront Commercial Zoning District, which is intended to
provide opportunities for research and development and local and tourist commercial uses,
including but not limited to restaurants, office, and personal services. The car rental services use
is thus currently a legal non-conforming use.
B. Prior to the Effective Date of this Agreement, there existed a Conditional Use
Permit (last revised September 2020 “CUP”) regulating the existing rental car use on the Property.
The CUP has been modified and extended several times. In October 2016, Enterprise was
anticipating relocation of its car rental use to an alternative site, so one such modification to the
CUP included an agreement from Enterprise to adhere to certain redevelopment timelines and to
provide the City with payments designed to offset the impacts of the non-conforming use while it
remained in place.
C. At this time, the City and Enterprise desire to amend and restate the CUP and enter
into this Agreement establishing the rights and obligations of the Parties with respect to
redevelopment of the Property.
D. On September 15, 2025, the City Council considered and approved this Agreement.
NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth
herein, the receipt and adequacy of which consideration is acknowledged, Enterprise and the City
agree as follows:
AGREEMENT
ARTICLE 1. GENERAL PROVISIONS
Section 1.1 Property Subject to the Agreement. All of the Property shall be subject to
this Agreement. The Parties hereby acknowledge that, as of the Effective Date, Enterprise has a
legal and/or equitable interest in the Property. Enterprise further agrees that all persons holding
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2
legal or equitable title in the Property shall be bound by this Agreement , including any and all
successors and assigns.
ARTICLE 2. ENTERPRISE OBLIGATIONS
Section 2.1 Enterprise Obligations, Generally. In consideration of the rights and
benefits conferred by City to Enterprise under this Agreement, Enterprise shall perform and
provide the specific obligations described in this Article 2.
Section 2.2 Enterprise Redevelopment and Payment Obligations.
A. Redevelopment of Property; Fees for Failure to Redevelop.
Enterprise shall diligently pursue redevelopment of the Property to a conforming use, as follows:
1. Enterprise shall diligently pursue redevelopment of the
Property, shall cease the existing nonconforming uses on the Property, and
shall receive entitlements for conforming uses on the Property within five
(5) years of the Effective Date of this Agreement (collectively, achievement
of an “Entitled Project”), subject to the Annual Fee payments for Year 6
and beyond contained in section 2.2.B, below.
2. Enterprise’s obligation to pay the Annual Fee described in
section 2.2.B below shall cease upon issuance of the first vertical building
permit for the Entitled Project, except that a prorated Annual Fee is due in
any partial year of the Term.
3. Enterprise’s obligation to pay the Flat Rentals Fee or the
Gross Rentals Fee, as the case may be and as described in section 2.2.C,
below shall cease upon issuance of the first vertical building permit for the
Entitled Project, except that a prorated Flat Rentals Fee or a prorated Gross
Rentals Fee are due in any partial year of the Term.
4. Notwithstanding sections 2.2.A.2 and 2.2.A.3 above, in the
event that Enterprise fails to obtain a certificate of occupancy for the
Entitled Project within five (5) years of issuance of the first vertical building
permit, Enterprise’s obligation to pay the Annual Fee, Flat Rentals Fee or
Gross Rentals Fee shall be reinstated, and said fees shall be paid in
accordance with this section 2.2 and this Agreement until a certificate of
occupancy for the Entitled Project is obtained.
B. Annual Fee. Enterprise shall remit payments to the City on October
1 or the first business day thereafter of each year that the use of the Property remains the same use
that exists as of the Effective Date, with the first fee due in full on October 1, 2025 (the “Annual
Fee”). Such Annual Fee payments shall begin at $500,000 for the first year (“Year 1”) and shall
increase by 5% each year through the fifth year (“Year 5”). Thereafter, beginning in the sixth year
(“Year 6”), the Annual Fee will increase by 10% per year for the Term of this Agreement as
defined herein. In sum, Enterprise shall pay the Annual Fee as follows:
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3
Year 1 Annual Fee
(October 1, 2025)
Year 2 Annual
Fee
(October 1,
2026)
Year 3 Annual
Fee
(October 1,
2027)
Year 4 Annual
Fee
(October 1,
2028)
Year 5 Annual
Fee
(October 1,
2029)
Year 6 and Beyond
Annual Fees
(Beginning October
1, 2030, and every
October 1 thereafter)
$500,000 $525,000 $551,250 $578,813 $607,753 10% increase from
preceding Annual
Fee
C. Flat Rentals Fee and Gross Rentals Fee. Enterprise shall remit
$36,500 per year on July 1 or the first business day thereafter of each year that the use of the
Property remains the same as the condition on the Effective Date, with the first fee due on July 1,
2026 (the “Flat Rentals Fee”). If 1% of Enterprise’s gross car rental revenue exceeds $36,500
(excluding San Francisco Airport contracts), Enterprise shall not pay the Flat Rentals Fee and shall
instead pay a fee equal to 1% of the gross rentals to the City on an annual basis by July 1 or the
first business day thereafter (the “Gross Rentals Fee”), with the first fee due on July 1, 2026.
ARTICLE 3. EFFECTIVE DATE AND TERM
Section 3.1 Effective Date. As described above, this Agreement shall become effective
on the date of execution by the City.
Section 3.2 Term. The Term of this Agreement has been established by the Parties as a
reasonable estimate of the time required for Enterprise to obtain an Entitled Project (“Term”).
A. Initial Term. The “Initial Term” of this Agreement shall
commence on the Effective Date and shall end five (5) years thereafter.
B. Extended Term. The Term shall extend automatically beyond the
Initial Term for one-year periods (each one-year period an “Extended Term”).
C. Termination. Except as otherwise provided herein and subject to
section 2.2, the Parties’ obligations contained in this Agreement shall continue unless and until
Enterprise achieves an Entitled Project and receives a certificate of occupancy for the Entitled
Project.
D. Force Majeure Delay. The Term of this Agreement and the time
within which either Party shall be required to perform any act under this Agreement may also be
extended by a period of time equal to the number of days during which performance of such act is
delayed unavoidably and beyond the reasonable control of the Party seeking the delay by Force
Majeure, and as unforeseen at the time this Agreement was executed by the parties. For purposes
of this Agreement, “Force Majeure” is defined as strikes, lock outs, and other similar labor
difficulties not within the control of either Party; Acts of God; unusually severe weather, but only
to the extent that such weather or its effects (including, without limitation, dry out time) result in
delays that cumulatively exceed twenty (20) days for any winter season; changes in local, state, or
federal laws or regulations; any development moratorium or any action of other public agencies
that regulate land use, development, or the provision of services that prevents, prohibits, or delays
compliance with the Parties’ obligations herein; or enemy action; civil disturbances; wars; terrorist
acts; epidemic; pandemic; quarantine; fire; unavoidable casualties; or mediation, arbitration,
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litigation, or other administrative or judicial proceeding involving this Agreement (each a “Force
Majeure Delay”). Enterprise’s inability or failure to obtain financing shall not be deemed to be a
cause outside the reasonable control of the Enterprise and shall not be the basis for a Force Majeure
Delay or any other excused delay under the terms of this Agreement.
E. Extension of Times of Performance for Force Majeure Delay. An
extension of time for any Force Majeure Delay shall be for the period of the enforced delay and
shall commence to run from the time of the commencement of the cause, if Notice by the Party
claiming such extension is sent to the other Party within sixty (60) days of the commencement of
the cause and provided that the Party claiming a delay avails itself of any available remedies. If
Notice is sent after such sixty (60) day period, then the extension shall commence to run no sooner
than sixty (60) days prior to the giving of such Notice. Times of performance under this Agreement
may also be extended in writing by the mutual agreement of the City Manager and Enterprise,
provided that the same does not affect the Term of this Agreement.
F. Effect of Termination. Upon termination, this Agreement shall be
of no further force and effect, subject, however, to the provisions set forth in Section 6.6
(“Surviving Provisions”) below.
Section 3.3 City Representations and Warranties. City represents and warrants to
Enterprise that:
A. City is a municipal corporation and has all necessary powers under
the laws of the State of California to enter into and perform the undertakings and obligations of
City under this Agreement.
B. The execution and delivery of this Agreement and the performance
of the obligations of City hereunder have been duly authorized by all necessary City Council
action, and all necessary approvals have been obtained.
C. This Agreement is a valid obligation of City and is enforceable in
accordance with its terms.
D. The foregoing representations and warranties are made as of the
Effective Date. During the Term of this Agreement, City shall, upon learning of any fact or
condition that would cause any of the warranties and representations in this Section 3.3 not to be
true, immediately give written Notice of such fact or condition to Enterprise.
Section 3.4 Enterprise Representations and Warranties. Enterprise represents and
warrants to City that:
A. Enterprise is duly organized and validly existing under the laws of
the State of California and is authorized to do business in California and has all necessary powers
to own property interests and in all other respects enter into and perform the undertakings and
obligations of Enterprise under this Agreement.
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B. The execution and delivery of this Agreement and the performance
of the obligations of Enterprise hereunder have been duly authorized by all necessary company
action, and all necessary member approvals have been obtained.
C. This Agreement is a valid obligation of Enterprise and is enforceable
in accordance with its terms.
D. Enterprise has not: 1) made a general assignment for the benefit of
creditors; 2) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary
petition by Enterprise’s creditors; 3) suffered the appointment of a receiver to take possession of
all, or substantially all, of Enterprise’s assets; 4) suffered the attachment or other judicial seizure
of all, or substantially all, of Enterprise’s assets; 5) admitted in writing its inability to pay its debts
as they come due; or 6) made an offer of settlement, extension, or composition to its creditors
generally.
E. The foregoing representations and warranties are made as of the
Effective Date. During the Term of this Agreement, Enterprise shall, upon learning of any fact or
condition which would cause any of the warranties and representations in this Section 3.4 not to
be true, immediately give written Notice of such fact or condition to City.
ARTICLE 4. AMENDMENT OF AGREEMENT
Section 4.1 Amendment of Agreement by Mutual Consent. This Agreement may be
terminated, modified or amended from time to time in whole or in part only by mutual written
consent of the Parties hereto or their successors-in-interest or assigns.
ARTICLE 5. ASSIGNMENT, TRANSFER AND NOTICE
Section 5.1 Transfers and Assignments. Except as otherwise provided herein,
Enterprise shall have the right to sell, assign, or transfer (“Transfer”) in whole or in part its rights,
duties, and obligations under this Agreement to a third party, including MILLENNIUM
PARTNERS, LLC, with consent and approval of City, subject to this section 5.1.
A. Upon Enterprise’s request, City, at Enterprise’s expense, shall cooperate
with Enterprise and any proposed transferee to allocate rights, duties, and obligations under this
Agreement.
B. Enterprise shall notify City in writing of any requested Transfer. At least
45 days prior to the effective date of any Transfer, Enterprise shall deliver to City a draft of the
proposed written assignment and assumption agreement in which the transferee expressly agrees
to assume the rights and obligations of Enterprise under this Agreement being transferred. Such
assignment and assumption agreement must be in a form acceptable to the City Attorney.
ARTICLE 6. DEFAULT; REMEDIES; TERMINATION
Section 6.1 Breach and Default. The failure by a Party to perform any material action
or covenant required by this Agreement within 30 days following receipt of written Notice from
the other Party specifying the failure shall constitute a “Default” under this Agreement; provided,
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however, that if the failure to perform cannot be reasonably cured within such 30 day period, a
Party shall be allowed additional time as is reasonably necessary to cure the failure so long as such
Party commences to cure the failure within the 30 day period and thereafter diligently prosecutes
the cure to completion. The waiver by either Party of any Default under this Agreement shall not
operate as a waiver of any subsequent breach of the same or any other provision of this Agreement,
including the right to terminate this Agreement as set forth in Section 6.2 below.
Section 6.2 Termination. In the event of a Default by a Party, the non-defaulting Party
shall have the right, but not the obligation, to pursue any and all available remedies at law or in
equity and/or to terminate this Agreement upon giving the defaulting party Notice of the
termination pursuant to this section 6.2. In the event that this Agreement is terminated pursuant
this Section 6.2 and the validity of such termination is challenged in a legal proceeding that results
in a final decision that such termination was improper, then this Agreement shall immediately be
reinstated as though it had never been terminated.
Section 6.3. City Remedies. In the event of a breach of this Agreement, its invalidation
and/or termination, in addition to any remedies provided herein, the City may, in its sole discretion,
institute appropriate actions to withhold, condition, suspend or revoke any legislative action,
permit, license, or other entitlement for the Entitled Project, including without limitation final
inspections for occupancy and/or certificates of occupancy, in accordance with the requirements
of the City's Municipal and Zoning Code, it being understood that nothing herein is intended to
limit the City's rights to exercise its police powers.
Section 6.4 Legal Actions.
A. Institution of Legal Actions. In addition to any other rights or remedies, a
Party may institute legal action to cure, correct, or remedy any Default, to enforce any covenants
or agreements herein, to enjoin any threatened or attempted violation thereof, or to obtain any other
remedies consistent with the terms of this Agreement. This Agreement shall be construed and
enforced in accordance with the laws of the State of California, without reference to choice of law
provisions. The exclusive venue for any disputes or legal actions shall be the Superior Court of
California in and for the County of San Mateo, except for actions that include claims in which the
Federal District Court for the Northern District of the State of California has original jurisdiction,
in which case the Northern District of the State of California shall be the proper venue.
B. Acceptance of Service of Process. In the event that any legal action is
commenced by Enterprise against City, service of process on City shall be made by personal
service upon the City Clerk of City or in such other manner as may be provided by law. In the
event that any legal action is commenced by City against Enterprise, service of process on
Enterprise shall be made by personal service upon Enterprise’s registered agent for service of
process, or in such other manner as may be provided by law.
Section 6.5 Rights and Remedies Are Cumulative. The rights and remedies of the
Parties are cumulative, and the exercise by a Party of one or more of such rights or remedies shall
not preclude the exercise by it, at the same or different times, of any other rights or remedies for
the same Default or any other Default by the other Party, except as otherwise expressly provided
herein.
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Section 6.6 Surviving Provisions. In the event this Agreement expires or is terminated,
neither Party shall have any further rights or obligations hereunder, except for those obligations
set forth in section 7.1 (Indemnification) or otherwise expressly set forth herein as surviving the
termination of this Agreement. In the event litigation is timely instituted, and a final judgment is
obtained, which invalidates in its entirety this Agreement, neither Party shall have any obligations
whatsoever under this Agreement, except for those obligations which by their terms survive
termination hereof.
ARTICLE 7. MISCELLANEOUS PROVISIONS
Section 7.1 Indemnification. To the fullest extent permitted by law, Enterprise shall
defend (with counsel reasonably acceptable to City), indemnify, defend, release, assume all
responsibility for, and hold harmless City, its elected and appointed officials, employees, and
agents (“City Parties”), from and against, any and all claims, causes of action, damages, demands,
defense costs, injuries or deaths, liabilities, obligations, and costs or expenses, including attorneys’
fees and costs, arising directly or indirectly from or in connection with, or caused, or on account
of: (a) the process for development of the Entitled Project, including any approval with respect
thereto; and/or (b) any other transaction contemplated by this Agreement, whether such claims
shall accrue or be discovered before or after expiration or termination of this Agreement. The City
shall, after receipt of Notice of the existence of such a claim for which it is entitled to indemnity
hereunder, notify Enterprise in writing of the existence of such claim or commencement of such
action. Enterprise’s indemnity obligations under this Section 7.1 shall not extend to claims
occasioned by the sole negligence or willful misconduct of City. The provisions of this Section
7.1 shall survive termination or expiration of this Agreement.
Section 7.2 Incorporation of Recitals, Exhibits, and Introductory Paragraph. The
Recitals contained in this Agreement, the introductory paragraph preceding the Recitals, and the
Exhibits attached hereto are hereby incorporated into this Agreement as if fully set forth herein.
Section 7.3 Severability. If any term or provision of this Agreement, or the application
of any term or provision of this Agreement to a particular situation, is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this
Agreement, or the application of this Agreement to other situations, shall continue in full force and
effect unless amended or modified by mutual consent of the Parties.
Section 7.4 Construction. This Agreement has been reviewed and revised by legal
counsel for City and Enterprise, and no presumption or rule that ambiguities shall be construed
against the drafting party shall apply to the interpretation or enforcement of this Agreement.
Section 7.5 Notices. Any notice or communication required hereunder between City
and Enterprise (“Notice”) must be in writing, and may be given either personally, by registered or
certified mail (return receipt requested), or by Federal Express or other similar courier promising
overnight delivery. Courtesy notice may be given by email but shall not constitute Notice under
this Agreement. If personally delivered, a Notice shall be deemed to have been given when
delivered to the Party to whom it is addressed. If given by registered or certified mail, such Notice
shall be deemed to have been given and received on the first to occur of (A) actual receipt by any
of the addressees designated below as the Party to whom Notices are to be sent, or (B) five (5)
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days after a registered or certified letter containing such Notice, properly addressed, with postage
prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a
Notice shall be deemed to have been given and received on the date delivered as shown on a receipt
issued by the courier. Any Party hereto may at any time, by giving ten (10) days written Notice to
the other Party hereto, designate any other address in substitution of the address to which such
Notice shall be given. Such Notices shall be given to the Parties at their addresses set forth below:
To City: City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Attn: City Manager
With a copy to: City Attorney’s Office
501 Primrose Road
Burlingame, CA 94010
Attn: City Attorney
and:
To Enterprise:
Eric Street
Enterprise Rent-A-Car Co of San Francisco,
LLC
2633 Camino Ramon
Suite 400
San Ramon, CA 94583
With a copy to:
Vanguard Real Estate Holdings LLC
c/o Enterprise Holdings, Inc.
600 Corporate Park Drive
St. Louis, MO 63105
Attention: Real Estate Dept.
Section 7.6. Counterparts and Exhibits; Entire Agreement. This Agreement may be
executed in multiple counterparts, each of which shall be deemed to be an original. This
Agreement constitutes the final and exclusive understanding and agreement of the Parties and
supersedes all negotiations or previous agreements of the Parties with respect to all or any part of
the subject matter hereof.
Section 7.7 Recordation of Agreement. No later than 10 days after City and Enterprise
enter into this Agreement, Enterprise shall record this Agreement in the Official Records of the
County of San Mateo. Thereafter, if this Agreement is terminated, modified, or amended,
Enterprise shall record notice of such action in the Official Records of the County of San Mateo.
Section 7.8 No Joint Venture or Partnership. It is specifically understood and agreed to
by and between the Parties hereto that:
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A. Any development of the Property is a private development;
B. City has no interest or responsibilities for, or duty to, third parties
concerning any improvements on the Property, public or private, until such time, and only until
such time, that City accepts the same;
C. Enterprise shall have full power over and exclusive control of the
redevelopment process and achievement of an Entitled Project as described herein described,
subject only to the limitations and obligations of Enterprise under this Agreement and applicable
law; and
D. City and Enterprise hereby renounce the existence of any form of agency
relationship, joint venture, or partnership between City and Enterprise and agree that nothing
contained herein or in any document executed in connection herewith shall be construed as creating
any such relationship between City and Enterprise.
Section 7.9 Waivers. Notwithstanding any other provision in this Agreement, any
failures or delays by any Party in asserting any of its rights and remedies under this Agreement
shall not operate as a waiver of any such rights or remedies, or deprive any such Party of its right
to institute and maintain any actions or proceedings which it may deem necessary to protect, assert,
or enforce any such rights or remedies. A Party may specifically and expressly waive in writing
any condition or breach of this Agreement by the other Party, but no such waiver shall constitute
a further or continuing waiver of any preceding or succeeding breach of the same or any other
provision. Consent by one Party to any act by the other Party shall not be deemed to imply consent
or waiver of the necessity of obtaining such consent for the same or similar acts in the future.
Section 7.10 City Approvals and Actions. Whenever reference is made herein to an
action or approval to be undertaken by City, the City Manager or their designee is authorized to
act on behalf of City, unless specifically provided otherwise or the context requires otherwise.
Section 7.11 Estoppel Certificates. A Party may, at any time during the Term of this
Agreement, and from time to time, deliver written Notice to the other Party requesting such Party
to certify in writing that, to the knowledge of the certifying Party, the following: 1) this Agreement
is in full force and effect and a binding obligation of the Parties; 2) this Agreement has not been
amended or modified either orally or in writing, or if amended, identifying the amendments; 3) the
requesting Party is not in default in the performance of its obligations under this Agreement, or if
in default, to describe therein the nature and amount of any such defaults ; and, 4) any other
information reasonably requested. The requesting Party shall be responsible for all reasonable
costs incurred by the Party from whom such certification is requested and shall reimburse such
costs within 30 days of receiving the certifying Party’s request for reimbursement. The Party
receiving a request hereunder shall execute and return such certificate, or give a written, detailed
response explaining why it will not do so, within 30 days following the receipt thereof. The failure
of either Party to provide the requested certificate within such 30 day period shall constitute a
confirmation that this Agreement is in full force and effect and no modification or default exists.
The City Manager shall have the right to execute any certificate requested by Enterprise hereunder.
City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.
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Section 7.12 No Third Party Beneficiaries. City and Enterprise hereby renounce the
existence of any third party beneficiary to this Agreement and agree that nothing contained herein
shall be construed as giving any other person or entity third party beneficiary status.
Section 7.13 Further Actions and Instruments. Each Party to this Agreement shall
cooperate with and provide reasonable assistance to the other Party and take all actions necessary
to ensure that the Parties receive the benefits of this Agreement, subject to satisfaction of the
conditions of this Agreement. Upon the request of any Party, the other Party shall promptly
execute, with acknowledgment or affidavit if reasonably required, and file or record such required
instruments and writings and take any actions as may be reasonably necessary under the terms of
this Agreement to carry out the intent and to fulfill the provisions of this Agreement.
Section 7.14 Limitation on Liability. In no event shall any partner, officer, director,
member, shareholder, employee, manager, representative, or agent of Enterprise or any manager
or member of Enterprise be personally liable for any breach of this Agreement by Enterprise, or
for any amount which may become due to City under the terms of this Agreement ; or any elected
or appointed official, member, officer, agent, or employee of City be personally liable for any
breach of this Agreement by City or for any amount which may become due to Enterprise under
the terms of this Agreement.
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IN WITNESS WHEREOF, this Agreement has been entered into by and between
Enterprise and City as of the day and year first above written.
CITY:
CITY OF BURLINGAME, a California
municipal corporation
By:
Lisa K. Goldman, City Manager
APPROVED AS TO FORM: [signature must be notarized]
By:
Michael Guina, City Attorney
ATTEST:
By:
Meaghan Hassel-Shearer, City
Clerk
ENTERPRISE:
_____________________________
_____________________________
By:
[signature must be notarized]
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EXHIBIT A
PROPERTY DESCRIPTION
APN: 026-113-510
LEGAL DESCRIPTION: PARCEL 1 8.411 AC MOL PARCEL MAP VOL 69/17-18
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