REQUEST FOR PROPOSALS

PROFESSIONAL SERVICES

FOR STREETLIGHT MASTER PLAN

Date Released: Tuesday October 13, 2026

City of Burlingame

Public Works Engineering

501 Primrose Road

Burlingame, CA 94010 www.burlingame.org

Proposals must be received by 4:00 PM PT on Thursday November 19, 2026

City of Burlingame Request for Proposals – Professional Services for Streetlight Master Plan

Table of Contents

1. Introduction

2. Background

3. Scope of Work

4. Proposal Requirements

5. City’s Standard Consulting Agreement

6. Insurance Requirements

7. Tentative Schedule

8. Consultant Selection Process

9. Attachments

CITY OF BURLINGAME REQUEST FOR PROPOSALS –

PROFESSIONAL SERVICES FOR STREETLIGHT MASTER PLAN

1. Introduction

The City of Burlingame (hereinafter called City) is seeking proposals from qualified professional engineering consulting firms (hereinafter called Consultant) to develop a comprehensive

Streetlight Master Plan (“Master Plan”).

This RFP will be posted on PlanetBids (PB SYSTEM™) and City Website. Proposals will be accepted through PB SYSTEM™, a fully automated web-based vendor and bid management system. Qualified

Consultants should visit https://pbsystem.planetbids.com/portal/46106/portal-home to register, download the proposal, and submit a proposal. All proposals must be submitted to PB SYSTEM™ by

4:00 PM, PT, on Thursday November 19, 2026. Each Proposer shall submit their proposal in accordance with the “Proposal Requirements.”

All questions, interpretations, or clarifications, either administratively or technical must be requested in writing via PlanetBids. Oral statements regarding this RFP by any person should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received by 4:00 PM, PT, on Monday, November 9, 2026.

2. Background

The City of Burlingame (City) is located on the San Francisco Peninsula, approximately 10 miles south of San Francisco. The City encompasses approximately six square miles and has an estimated population of 30,576. The City operates under a Council/Manager form of government, with a five-member City Council and several commissions.

In recent years, the City has converted its streetlight system to LED. Streetlights within Burlingame are owned and/or operated by multiple agencies, including the City of Burlingame, the city of

Hillsborough, Pacific Gas and Electric Company (PG&E), Caltrans, and Caltrain. There are 2,162 streetlights in the City, of which 1,278 are owned by the City. The City maintains a GIS-based inventory of its streetlight system; however, the inventory has gaps and requires additional information and verification. The Master Plan shall consider streetlighting along City streets regardless of ownership, including City-, PG&E-, Caltrans-, and Caltrain-owned or operated facilities, as appropriate. The

Consultant shall identify ownership and responsibility for each asset and clearly distinguish City-controlled improvements from improvements that would require coordination with other agencies.

The City is seeking to develop an updated Streetlight Master Plan to establish a comprehensive framework for managing, maintaining, and improving the City's streetlight system. The Master Plan should build upon relevant work completed as part of the City's Vision Zero/Safety Action Plan and should evaluate existing lighting conditions, infrastructure, and practices to identify both current and anticipated deficiencies. The Master Plan should also establish streetlight standards. Burlingame is known as the "City of Trees," and tree canopy is an important consideration in evaluating the City's streetlight system. In some locations, trees may obstruct light and reduce effective lighting levels even where the underlying lighting design or equipment may otherwise meet established criteria. Other recurring maintenance issues include malfunctioning photocells and replacement of aging or failing equipment.

Historically, streetlight upgrades and repairs have generally been reactive, with improvements typically occurring in response to equipment failures or reported issues. The City intends for the

Master Plan to establish a more proactive approach to streetlight system management by identifying infrastructure and lighting improvements that can be planned and prioritized before failures occur, establishing citywide lighting design and equipment standards, and identifying opportunities to improve lighting conditions, support safer streets, and increase operational and maintenance efficiencies. The Master Plan will provide the City with a long-term framework for prioritizing improvements and guiding future City projects, private development, and ongoing maintenance of the streetlight system.

3. Scope of Work

At a minimum, the Master Plan shall do the following:

• Inventory the streetlight system

• Assess current infrastructure and street lighting levels citywide

• Identify deficiencies

• Establish lighting design criteria, photometric standards, and standard streetlight equipment/specifications for roadway and pedestrian lighting

• Recommend and prioritize improvements

• Develop cost estimates

• Identify potential funding sources

The scope of this Master Plan is for roadway lighting and pedestrian-scale lighting along City streets

(i.e., not parks), including intersection lighting and traffic signal pole-mounted lighting. The Master

Plan shall address the streetlight system within the City regardless of ownership, while clearly distinguishing City-controlled assets and improvements from assets requiring coordination with other agencies or utilities.

The scope of services below is intended as guidance to assist consultants in developing their proposals. Consultants are encouraged to propose additional, modified, or alternative subtasks as appropriate to achieve the project goals. Consultants may also propose optional tasks or services beyond the minimum requirements listed above. If a consultant determines that any identified task or subtask is unnecessary, it may be omitted from the proposed scope, provided the proposal clearly identifies the omitted item and explains the rationale. However, the main task names and numbering shall remain as below.

The Consultant shall provide the City with final reports and all editable/source files for materials developed as part of the project, including an updated GIS streetlight inventory in an editable format compatible with the City's GIS system (includes associated attributes, metadata, etc.), calculations, models, standards/details, cost estimates, and project lists, as applicable. Consultants shall identify any deliverables they propose as part of their approach.

The Consultant shall assume active collaboration with city staff throughout the project, especially at key decision-points, such as when developing design criteria, standards, and recommended improvements.

TASK 1. Project Management

• Provide overall project management including coordination and communication with the City.

• Assume one in-person kick-off meeting.

• Recurring meetings every two weeks over the course of the project are preferred.

• Develop project work plans, schedules, and budgets.

• Perform quality control reviews and quality assurance.

• Conduct and document meetings with City staff as needed.

TASK 2. Existing Infrastructure Inventory and Document Review

• The City maintains a GIS-based inventory of streetlights. Consultant shall review the

City's existing GIS inventory, identify data gaps, and propose an appropriate methodology for field verification and inventory completion. The proposal shall clearly identify assumptions regarding the level of field verification. At a minimum, this task should include reviewing as-built plans for approximately 20 recent private developments that included lighting changes in the public right-of-way (the city will provide the plans) and 10 capital improvement projects, to reflect any relevant changes to the streetlight system.

This task could include discussions with various City staff and departments. At a minimum, the inventory shall include:

Streetlight location

Owner

Fixture type

Wattage

Distribution type

Pole type and material

Pole and mounting height

Mast arm length

Streetlight controller

Service point (including identifying which are metered and which are not)

Pull box

Circuits (including meters)

• Review and summary of industry lighting standards and guidelines.

Summary should be provided for both a technical and a non-technical audience.

Include a brief primer on street lighting for non-technical audience (e.g., council members) that highlights why it matters, when and where it applies, and some basic terminology.

• Review and summary of lighting information in the City’s adopted plans; at a minimum the General Plan and Vision Zero/Safety Action Plan.

• Review the City’s existing streetlight needs assessment process.

TASK 3. Public Outreach and Community Engagement

• Develop a project website with basic project information and links to announce and share engagement events and activities.

• Develop and implement one round of community engagement to supplement the technical analysis. The community engagement should include developing and conducting a survey to solicit community input on various streetlight-related topics

(e.g., desired lighting levels).

• Develop outreach materials to promote the project and survey, including QR codes linking to the project website/survey for distribution throughout the City (e.g., on A-frames, street decals, and public message boards).

• Develop outreach content for the City’s e-newsletter and social media to disseminate project information and promote survey participation.

TASK 4. Solar-Powered Streetlight Feasibility Assessment

• Evaluate the feasibility of implementing solar-powered streetlights in Burlingame, considering citywide implementation as well as targeted applications in specific areas, locations, or use cases.

• Identify the advantages and disadvantages of solar-powered streetlights compared with conventional grid-connected streetlights, including installation costs, energy costs, maintenance requirements, reliability, service life, lighting performance, site conditions, tree canopy and shading, and other relevant technical and operational considerations.

• Conduct a financial analysis comparing solar-powered and conventional streetlights, using the City’s existing PG&E bills and available streetlight system information to estimate potential costs, savings, and long-term financial implications. Identify key assumptions, data limitations, and factors that could affect the results.

• Identify locations or circumstances where solar-powered streetlights may be feasible or advantageous, as well as conditions that may limit their applicability.

Recommend potential applications and identify whether additional analysis or pilot projects would be warranted.

• Coordinate with City staff to review the findings and trade-offs and develop a recommendation regarding whether solar-powered streetlights are appropriate for

Burlingame and, if so, the locations, applications, and conditions under which they should be considered. This decision will likely need to be finalized by the TSPC

(meeting included in Task 8).

TASK 5. Establish Lighting Standards

• Establish lighting design criteria for city streets for roadway and pedestrian lighting levels (e.g., uniformity, illuminance, obtrusive-light/glare, photometric standardization). Criteria should vary as appropriate based on roadway/street type, land use, context, density, and other relevant factors. The Consultant shall be able to communicate the design criteria to non-technical audiences to solicit input.

• Establish standard streetlight equipment and specifications for the City, including fixture types, light sources, mounting heights, pole types and materials, mast arms, controls, and other system components. Standards should promote consistency, maintainability, and compatibility across City projects and private development.

• Develop guidance for applying the lighting design criteria and equipment standards to roadway and streetscape projects, private development, and evaluation of existing lighting conditions.

• Consider the interaction between streetlight placement, mounting height, photometric performance, and existing tree canopy. Establish guidance for addressing tree canopy impacts on lighting levels, including considerations for streetlight design, placement, and maintenance in heavily landscaped corridors.

TASK 6. System Assessment and Deficiencies

• Assess roadway and pedestrian lighting levels throughout the City and compare them to the lighting design criteria established in Task 5 to identify deficiencies. The assessment shall consider the effects of existing tree canopy on lighting levels and photometric performance. The Consultant shall propose a defensible methodology for the assessment, which may include photometric modeling, field measurements, representative/sample analysis, or a combination of approaches, as appropriate.

• Assess the condition and remaining useful life of existing streetlight infrastructure, including poles, foundations where observable, mast arms, luminaires, wiring and service equipment, controllers, and other relevant components. The Consultant shall propose a condition-rating methodology and approach for assessing remaining useful life and identifying infrastructure that should be proactively upgraded or replaced.

TASK 7. Prioritized List of Projects & Implementation Plan

• Develop a project list and cost estimates based on the findings of the prior Tasks.

The project list shall identify opportunities to address lighting deficiencies and infrastructure needs, including recommendations related to tree canopy impacts where appropriate.

• Develop prioritization framework in coordination with the City and implement it to develop a prioritized list of projects. Separate smaller-scale, lower-cost improvements and capital improvement projects (CIPs). Categorize CIPs as high, medium, or low priority. The prioritization framework should, at a minimum, consider alignment with the City’s Vision Zero/Safety Action Plan.

• Develop an implementation plan, including potential funding sources.

TASK 8. Streetlight Master Plan

• Develop final Streetlight Master Plan. The final Plan should include an executive summary and be visually appealing with more technical details provided in appendices. Assume at least two rounds of revisions before considering it final.

TASK 9. Stakeholder Meetings

• Prepare for and attend the following meetings:

TSPC (two)

Planning Commission (one)

Council (one)

• Establish and regularly coordinate with a City Task Force comprised of staff from various departments, such as: Public Works, Parks & Rec, Police Department, Fire

Department, Community Development. Assume at least three virtual Task Force meetings.

TASK 10. OPTIONAL – System/Process Improvements

• Recommend system monitoring, maintenance, and operational improvements that could improve reliability and efficiency, particularly in downtown areas, including evaluation of lighting controls, remote monitoring, and other system-management technologies, as appropriate.

4. Proposal Requirements

MANDATORY RFP SUBMITTAL MATERIALS

All proposals shall include the following sections:

1. Cover Letter: Signed by an authorized individual representing the firm and shall include any exceptions taken to the City’s standard agreement (see Attachment A).

2. Table of Contents: Organized list of proposal sections.

3. Team Experience: Provide a general overview of the Consultant team and the team’s experience providing engineering services associated with comprehensive streetlight master planning. Provide brief descriptions of at least three relevant projects, including the client, project scope, and completion date.

4. Project Team: Describe your project team. Include the key individuals, including subconsultants, that will be responsible for the project’s technical activities and for management of the project. An organization chart should be provided showing the inter-relation of the project team members and include relation to the City. If multiple consulting firms are included, please describe the experience of the firms and key individuals working together.

5. Project Understanding, Approach, and Scope: The Consultant team shall describe its project understanding and approach in implementing and managing the project to successful completion. This section shall include a detailed scope of work and list of deliverables and shall describe proposed methodologies for analysis performed as part of the scope. The scope of work section shall be in single-column format.

6. References: Provide at least three (3) references for key individuals on the project team. This section should provide a short description of the project and your firm or staff members’ role, and a specific contact person with phone number.

7. Schedule: Project milestone schedule indicating major phases and deliverable dates.

8. Manpower Allocation: Include estimates of required personnel hours by task and job title.

Proposals shall not exceed fifteen (15) pages in length for sections 1-6 above; project schedule, manpower allocation, and appendix material are excluded from the page count. Proposals shall use a minimum 11-point font size type and 1.1-line spacing. The scope of work section shall be in single-column format. Resumes should be included as attachments and will not be counted within the 15-page proposal limit. Other appendices may be provided at the discretion of the consultant team;

appendices may not be read.

COST PROPOSAL AND PAYMENT

Accompanying cost proposals shall also be provided, but as a separate document.

The cost proposal shall include a spreadsheet showing the hours and dollar cost for each personnel classification by task, including optional tasks. The format shall indicate the total dollar cost for each task (row total) and the total hours for each staff project personnel (column total), and the total not-to-exceed fee for the core scope (non-optional tasks). This format shall apply to prime and sub-consultants, including a total not-to-exceed fee for the core scope shown for each consultant. Provide the PDF and Excel files.

Fees paid to consultant will be on a time and materials basis as justified by “percent of work completed” up to the negotiated maximum amount per signed contract. Any extra work deemed necessary by the Consultant must be pre-approved and authorized by the City in writing. No payment will be made for any unauthorized work performed by the Consultant or sub-consultants.

SUBMITTAL PROCESS

Proposals are due to City by no later than 4:00 PM PT on Thursday November 19, 2026. Late proposals will not be accepted.

The City of Burlingame will be receiving proposals for this project via PB System™, a fully automated web-based vendor and bid management system.

Qualified Consultants who have not already done so may register to use the system by proceeding as follows:

1. Go to https://pbsystem.planetbids.com/portal/46106/portal-home.

2. Click on “Vendor Registration.”

3. Complete the form by navigating through the different tabs and submit.

4. Once registered please go to Bid Opportunities to see our current bids and become a prospective bidder by downloading the bid documents.

5. City’s Standard Consulting Agreement

The selected firm will be required to enter into a Consultant Agreement with the City. The City’s

Agreement is included in Attachment A. The consultant team shall comment in the proposal cover letter on any issues that may be of concern with the City’s standard agreement. Additionally, consultant team may elect to provide a mark-up of the standard agreement as an appendix.

6. Insurance Requirements

The selected Consultant will be required to furnish evidence of insurance, as specified in the

City’s standard Professional Service Agreement.

7. Tentative Schedule

RFP Released Tuesday October 13, 2026

Pre-proposal Meeting (virtual) Tuesday October 27, 2026, 1:00 PM PT

Deadline to Submit Questions Monday November 9, 2026, 4:00 PM PT

Proposal Due Thursday November 19, 2026, 4:00 PM PT

Consultant Interviews (if necessary) Week of December 7, 2026

Consultant Selection / Contract Negotiation December 2026 - January 2027

City Council Approval / Contract Award January 2027

Beginning of Work February 2027

8. Consultant Selection Process

The selection of the most suitable Consultant will be determined by a City review committee.

The committee will make its selection by ranking the proposals based on the following:

• Project understanding

• Work Plan / Scope of Work details for the Project

• Local knowledge

• Qualifications and experience of key personnel and other team members (including sub-consultants) proposed for this Project.

• Past successful performance in meeting schedules such as critical paths, quality of work, and client/agency/community coordination

• Firm’s plan to manage cost control/procedures and plan to report project status to the

City.

It is important that all items listed are included in the proposal. Proposals which do not comply with all the requirements or meet the deadline may not be considered. The City reserves the right to reject any or all proposals without qualifications, and to negotiate specific requirements and costs using the selected proposal as a basis.

After reviewing all proposals, the City will select the most suitable Consultant for the Project. Final

Scope of Work and Fee shall be negotiated and executed with the selected Consultant prior to

Contract Award. If negotiation is unsuccessful, the next most qualified Consultant will be contacted, and so on. City staff will make recommendations to the City Council and reserves the right to reject any or all proposals. The selection process will be completed when a contract is executed.

The City reserves the right to reject any or all proposals and to waive any and all irregularities to choose the firm which, in the City’s opinion, best serves the City’s interests.

For questions and additional information about this Request for Proposal, contact Ingrid Ballus Armet, Senior Civil Engineer, at iballus@burlingame.org.

9. Attachments

• Attachment A – Sample Professional Services Agreement

ATTACHMENT A - Sample Professional Services Agreement

AGREEMENT FOR PROFESSIONAL SERVICES

WITH INSERT COMPANY NAME

FOR INSERT GENERAL SCOPE

CITY PROJECT NO. XXXXX

THIS AGREEMENT is entered into this ___________ day of ____________, 2026, by and between the City of Burlingame, State of California, herein called the "City", and INSERT

COMPANY NAME engaged in providing Professional Engineering services herein called the "Consultant".

RECITALS

A. The City is considering for consultant to provide INSERT SERVICES to assist the City with the INSERT PROJECT NAME (Project), City Project No. XXXXX.

B. The City desires to engage a professional engineering consultant to provide assistance with traffic engineering and planning services because of Consultant’s experience and qualifications to perform the desired work, described in Exhibit A.

C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement.

AGREEMENTS

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

i) Scope of Services. The Consultant shall provide professional engineering services such as INSERT SCOPE OF SERVICES, and as detailed in “Scope of Services” of the attached Exhibit A of this agreement.

ii) Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of all work by INSERT TERMINATION

DATE.

iii) Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this

Agreement any licenses, permits, and approvals which are legally required for

Consultant to practice its profession. Consultant shall maintain a City of Burlingame business license.

iv) Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

v) Information/Report Handling. All documents furnished to Consultant by the City and all reports and supportive data prepared by the Consultant under this Agreement are the City's property and shall be delivered to the City upon the completion of

Consultant's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before such release. The City acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and City's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at City's risk, unless Consultant expressly consents to such use in writing. City further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of

Consultant.

vi) Compensation. Compensation for Consultant's professional services shall not exceed

$XXXXX; and payment shall be based upon City approval of each task.

Billing shall include current period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form.

vii) Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement.

Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City.

viii) Project Manager. The Project Manager for the Consultant for the work under this

Agreement shall be INSERT PM NAME.

ix) Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the City.

x) Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:

To City: INSERT STAFF NAME AND TITLE

City of Burlingame

501 Primrose Road

Burlingame, CA 94010

To Consultant: INSERT COMPANY CONTACT AND TITLE

INSERT COMPANY NAME

INSERT COMPANY ADDRESS

INSERT COMPANY CITY, STATE, ZIP

or personally delivered to Consultant to such address or such other address as

Consultant designates in writing to City.

xi) Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement.

Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.

xii) Conflict of Interest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or agreements with any individual member of the Staff or management of the City or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the City in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the City’s sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify City of this employment relationship, and shall, at the

City’s sole discretion, sever any such employment relationship.

xiii) Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

xiv) Insurance.

A. Minimum Scope of Insurance:

i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: One million dollars ($1,000,000) combined single limit per occurrence and two million dollars ($2,000,000) aggregate for bodily injury, personal injury and property damage in a form at least as broad as ISO Occurrence Form CG 0001.

ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.

iii. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than two million dollars ($2,000,000) each claim/aggregate sufficient to insure

Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.

iv. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

B. General and Automobile Liability Policies:

i. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant.

The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 11 85 and must cover joint negligence, completed operations, and the acts of subcontractors.

This requirement does not apply to the professional liability insurance required for professional errors and omissions.

ii. The Consultant's insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the

Consultant's insurance and shall not contribute with it.

iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

C. Workers' Compensation and Employers Liability Coverage:

i. In addition to these policies, Consultant shall have and maintain

Workers' Compensation insurance as required by California law.

Further, Consultant shall ensure that all subcontractors employed by

Consultant provide the required Workers' Compensation insurance for their respective employees.

ii. The insurer shall agree to waive all rights of subrogation against the City of Burlingame, its officers, officials, employees, or volunteers for losses arising from work performed by the Company for the City of Burlingame.

D. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice by mail, has been given to the City (10 days for non-payment of premium). Current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk.

E. Acceptability of Insurers: Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of

California.

F. Verification of Coverage: Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

xv) Indemnification. To the fullest extent permitted by law, Consultant shall save, keep and hold harmless indemnify and defend the City, its officers, employees, authorized agents and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys’ fees, that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, or any of the Consultant’s officers, employees, or agents or any subconsultant. This provision shall not apply if the damage or injury is caused by the sole negligence, active negligence, or willful misconduct of the City, its officers, agents, employees, or volunteers.

xvi) Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

xvii) Governing Law. This Agreement, regardless of where executed, shall be governed by and construed under the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of San Mateo.

xviii) Termination of Agreement. The City and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the City all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, City shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the City bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

xix) Amendment. No modification, waiver, mutual termination, or amendment of this

Agreement is effective unless made in writing and signed by the City and the

Consultant.

xx) Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.

IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1).

City of Burlingame “Consultant”

By

Lisa K. Goldman or Syed Murtuza INSERT COMPANY NAME

City Manager or Public Works Director Print Name: INSERT SIGNEE

Title: INSERT SIGNEE TITLE

Approved as to form:

City Attorney – Michael Guina

ATTEST:

City Clerk - Meaghan Hassel-Shearer