CC - Item 4E - Adopt Resolution No. 2026-51 Amending FY 26-27 CIP Budget to Release Public Facilities Funding & Appropriate Available Measure M Funds & Award of Design Services Agreement to John M. Cruikshank Consultants, Inc. for CIP Project No. 41013ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: RICHARD BELMUDEZ, INTERIM CITY MANAGER
DATE: OCTOBER 13, 2026
SUBJECT: ADOPTION OF RESOLUTION No. 2026-51 AMENDING THE CITY'S
FISCAL YEAR (FY) 2026-2027 CAPITAL IMPROVEMENT PROGRAM
(CIP) BUDGET TO RELEASE PUBLIC FACILITIES FUNDING AND
APPROPRIATE AVAILABLE MEASURE M FUNDS AND AWARD OF
DESIGN SERVICES AGREEMENT TO JOHN M. CRUIKSHANK
CONSULTANTS, INC. FOR THE PROTECTIVE BARRIERS FOR
UNATTENDED SPACES PROJECT (CIP PROJECT NO. 41013)
STIMMARY
As part of the City's Fiscal Year 2026-2027 Capital Improvement Program, the City Council
approved the carryover Protective Barriers for Unattended Spaces Project. The Project is intended
to address recurring unauthorized access at unattended City facilities that require ongoing staff
resources to monitor, clean, and repair. Specifically, the project targets five (5) designated high -
priority hotspot locations throughout the City, including areas beneath bridge crossings and
pumphouse stations. The proposed scope includes services for design and development of
construction documents for the fabrication and installation of structural barrier fencing, secured
access measures for maintenance and other authorized personnel at the high -priority sites.
Following a comprehensive review of the proposal, staff recommends awarding the design services
agreement to JMC2 and adopting Resolution No. 2026-51 to appropriate available Measure M
funds to replace a portion of the previously authorized Public Facilities project funding, reducing
the project's impact on the City's unrestricted Public Facilities fund.
BACKGROUND
The City has faced persistent issues with unauthorized access, loitering, vandalism, and property
damage in unattended spaces, particularly beneath bridge crossings and adjacent to structures
housing pump stations. Addressing these issues requires substantial City resources, including staff
time for inspections, cleanups, inter -agency coordination efforts, and repairs.
Additionally, in some instances, unauthorized activity has resulted in structural fires beneath
bridge crossings, requiring emergency response and causing significant structural damage. The
potential for unauthorized access in these areas to compromise bridge safety and disrupt
transportation activities prompted the need for this project.
AGENDA ITEM 4.E
City Council Meeting
October 13, 2026
Page 2 of 4
Currently, of the 17 bridges and 2 pump stations within City limits, 14 bridge crossings and both
pump stations lack adequate protective access measures. To begin mitigating these risks, City staff
has identified five high -priority locations for the initial phase of the project:
No. Description Location
l Pump Station East of Del Mar Ave, South of I-10 Freeway
2 Pump Station East of Walnut Grove Ave, South of I-10 Freeway
3 Bridge Crossing Valley Blvd over Rubio Wash, west of Walnut Grove Ave
4 Bridge Crossing Garvey Ave over Alhambra Wash, west of San Gabriel Blvd
5 Bridge Crossing San Gabriel Blvd over Alhambra Wash, south of Garvey Ave
DISCUSSION
The City initially published a Request for Proposals (RFP) for professional design services for the
project in early 2025 and received one proposal. Given the limited response, staff elected not to
proceed with an award and instead reissue the RFP to encourage additional response participation
and provide a broader basis for evaluating the proposed scope and cost.
Staff republished the Request for Proposals (RFP) on June 25, 2026, through the City's PlanetBids
portal and various plan -room service outlets. The revised RFP expanded the proposed scope to
include comprehensive support during both the bidding and construction phases.
As part of the process, the City conducted a mandatory pre -proposal meeting and facilitated site
visits to ensure that prospective consultants had ample time to review existing conditions at each
priority location to gain a better understanding of the project scope. Despite the additional outreach
and site visits, the City received a single proposal from John M. Cruikshank Consultants, Inc., JMC2
of San Pedro, CA in the amount of $78,740.
Staff initially reviewed JMC2's proposal for compliance with the RFP requirements. Staff then
conducted an evaluation of the proposal based on JMC2's understanding and approach of the
project, methodology, pertinent experience, suggested staffing levels, schedule, and overall
capacity to successfully deliver the required services. Based on this evaluation, staff determined
that the proposal met the City's needs and recommends awarding a Professional Design Services
Agreement to JMC2.
Under the proposed agreement, JMC2 will evaluate existing site conditions, property and right-of-
way boundaries, access requirements, and other site -specific constraints at each priority location.
JMC2 will also perform the necessary topographic surveys and prepare plans, specifications, and
construction documents for the proposed structural barriers, fencing, and secured access measures.
The design will incorporate appropriate architectural and aesthetic elements to ensure the
improvements are visually compatible with the surrounding environment while maintaining the
intended security functions.
The final design and construction documents will serve as the basis for both the bidding and
construction phases. As part of the agreement, JMC2 will also provide support services during
these phases to assist the City through the implementation of the Project.
City Council Meeting
October 13, 2026
Page 3 of 4
The project was originally approved within the 2024-25 CIP for $270,000 funded by Public
Facilities funds. Of this amount, $263,513 was carried forward in the 2026-27 CIP. Since then,
staff contacted Metro to determine if the proposed project scope would qualify as an eligible use
of local return funds based on the project's nexus to preserving roadway capacity and maintaining
safe travel conditions. Metro confirmed the project scope as an eligible use of Measure M funding.
After discussions, it was determined that the cost of engineering services incurred to date and
design contract services would remain funded by the Public Facilities fund and the remaining
project costs ($175,268) could be funded by Measure M. Therefore, staff recommend releasing
$175,268 in unrestricted Public Facilities funding and appropriating an equal amount in Measure
M funds.
STAFF RECOMMENDATION
It is recommended that the City Council:
1. Authorize the Interim City Manager to execute a Professional Services Agreement with
JMC2 for design services for the Protective Barriers for Unattended Spaces Project in the
amount of $78,740, plus an additional 10% design contingency of $7,874.00, for a total
authorized amount of $86,614; and
2. Adopt Resolution No. 2026-51 amending the City's Fiscal Year 2026-2027 CIP Budget
to release $175,268 in Public Facilities funds and appropriate $175,268 in Measure M
funds.
FINANCIAL IMPACT
The project was included in the Fiscal Year 2026-2027 Capital Improvement Program Budget and
consists of $263,513 in Public Facilities. The adoption of Resolution No. 2026-51 will replace
previously authorized Public Facilities funds in the amount of $175,268 with $175,268 in Measure
M funding to reduce the CIP Budget's impact on the unrestricted Public Facilities fund balance.
ENVIRONMENTAL REVIEW
The proposed work involves upgrades of an existing public facility; therefore, the project is exempt
from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15301,
Existing Facilities), subsection (d) exemption.
STRATEGIC PLAN IMPACT
The project aligns with the City of Rosemead's Strategic Plan Goal C — Infrastructure and
Facilities, which is to enhance streets, sidewalks, and public infrastructure, coordinate with
relevant utility agencies regarding safety and enhancements.
City Council Meeting
October 13, 2026
Page 4 of 4
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
omany Basilyous, City Engineer
Submitted
uv *
4a4muzeVI Guti ez, u blic Works
Attachment A: Request for Proposals
Attachment B: JMC2 Proposal
Attachment C: Professional Services Agreement with JMC2
Attachment D: Resolution No. 2026-51
Attachment A
Request for Proposals
CITY OF ROSEMEAD
8838 E. Valley Boulevard
Rosemead, California 91770
Request for Proposal (RFP) No. 2026-07
DESIGN SERVICES: PROTECTIVE BARRIERS FOR UNATTENDED SPACES
PROJECT
Proposal Submission
Electronic: All interested proposers shall register and submit electronic proposals via
the PlanetBids Vendor Portal:
https://pbsystem.planetbids.com/portal/54150/portal-home
or
Hardcopy: Submit Three (3) bound copies and one (1) electronic PDF file on a flash
drive in a sealed envelope delivered to the City Clerk's Office at 8838 E. Valley
Boulevard, Rosemead, CA 91770
Proposals Due: Wednesday, July 22, 2026 at 02:00 pm
Proposals received after the time and date stated above will not be considered.
NOTE: A mandatory pre -proposal meeting will be held at 8526 Valley Blvd,
Rosemead, CA 91770 on July 14th, 2026, at 11:00 a.m. The City will only
consider proposals submitted by those bidders who attend the mandatory pre -
proposal meeting. All other proposals will be considered non -responsive and
subject to rejection.
Contact Person:
Romany Basilyous, City Engineer, (626) 569-2154, rbasilyous@rosemeadca.gov
Inquiries: Please direct any questions or concerns regarding this RFP on the City's
PlanetBids Vendor Portal no later than July 15, 2026, at 5:00 pm. Answers to submitted
questions will be posted on PlanetBids.
Modifications: Any modification of this RFP will be provided through the PlanetBids portal.
Issuance Date: June 25, 2026
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
Overview
The purpose of this Request for Proposals (RFP) is to select the most -qualified
Consultant to provide Professional Design Services for the design of the Protective
Barriers for Unattended Spaces Project (RFP No. 2026-07). The City wishes to obtain
these services under a Professional Services Agreement.
Background of the City
The City of Rosemead is a suburb located in the San Gabriel Valley, 10 miles east of
downtown Los Angeles. The City is 5.2 square miles (3,328-acres) in size. Rosemead is
a working-class suburb with a diverse population base. According to the 2021 Census,
the city's population was reported at 50,245.
Rosemead operates under the Council/Manager form of government. The City Council
is elected at large to four years, overlapping terms. The Mayor is elected by a majority
vote of the City Council and rotates each year. The City Manager is appointed by and
assists with carrying out the vision of the City Council.
Scope of Services
The City is seeking a qualified firm to provide Professional Design for the Protective
Barriers for Unattended Spaces Project (RFP NO. 2026-07). While it is intended that
the following scope of work include all elements essential to develop the plans,
specifications, estimates, and bid package, those submitting proposals are advised to
perform their own field reconnaissance and include any item which they feel is
overlooked.
The consultant shall conduct field reviews and investigations to deliver a design for
installation of 8-foot tall wrought iron fencing that will enhance security barriers around
City owned flood control channels and pump stations.
The city owns approx. 17 bridges that pass over flood control channels and two (2)
pump stations. Fourteen bridge crossings and two pump stations are in need of
enclosures. FY 2026-27 program will aim to enclose unattended space at two (2) pump
stations and at three (3) bridge crossing locations.
The designed plans prepared by the consultant will be utilized for bidding purposes for
the upcoming FY 26-27 Protective Barriers for Unattended Spaces Project. The
consultant shall also provide an estimate, a bid schedule, and product cut -sheets for
the recommended bid items that are determined to be necessary.
Proposal Submission Requirements
Electronic: Prospective bidders may submit an electronic proposal through the City's
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
Vendor Portal Hosted by PlanetBids at:
https://pbsystem.planetbids.com/portal/54150/portal-home
or
Hardcopy: Submit Three (3) bound copies and one (1) electronic PDF file on a flash
drive in a sealed envelope delivered to the City Clerk's Office at 8838 E. Valley
Boulevard, Rosemead, CA 91770
All proposals shall be submitted no later than
Wednesday, July 22, 2026 at 02:00 pm
Faxed, emailed, or late proposals will not be considered. The electronic copy must be in
a searchable PDF format.
The proposal must be submitted in the format specified below:
1. Cover Letter: Provide a summary of the proposal, signed by a representative with
the authority to negotiate and bind the proposer. Indicate any conflicts of interest.
2. Background, Experience, and Financial Stability:
o Outline the proposer's history and experience within the last five years for related
projects, including local experience; and
o Provide a brief description of the proposer's financial stability and capacity to
deliver services; and
o Certify no pending litigation, bankruptcy proceedings or financial events against
the organization within the last five years.
3. Table of Contents: Provide contents of proposal with page number references for
each section listed below.
4. Approach and Scope of Work: Provide an understanding of the project, scope of
work, schedule, and describe the approach in providing services.
5. References: Provide a minimum of four (4) references for similar projects. Include a
contact name, title, company/organization, address, e-mail, and phone number.
References will be contacted as a part of the selection process. Public Agency
references highly desired.
6. City Contract and Insurance Requirements: Review Attachment A: Agreement
Template and Insurance Requirements. Provide a statement acknowledging
compliance with all terms of the sample Agreement or provide any comments/
revisions for the City to consider.
7. Addenda Acknowledgement: If any Addenda is issued by the City, the proposer
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
shall acknowledge it in this section.
8. Cost Proposal: Specify the proposed hourly and not -to -exceed costs. Include any
other cost and price information that would be contained in an agreement with the
City, and extra after-hours services or any other services that are considered
optional additions. The proposed prices must remain valid for the entire period
indicated unless otherwise.
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
Evaluation Criteria
Evaluation Criteria Categories:
MAX POINTS
Background and Qualifications: Demonstrated
experience providing municipal -scale design services
15
conducting contracts of similar scope and complexity. Include
certifications, licenses, etc.
Project Understanding and Scope of Work: Provide an
understanding of the project, scope of work, schedule, and
30
describe the approach in providing services.
References and Past Experience: Quality of performance
on similar contracts (minimum 3 references), including client
20
satisfaction, timeliness, and responsiveness.
Responsiveness and Completeness: Proposal is well -
organized, with all requested information included and
15
thoroughness of proposal. A demonstrated understanding of the
objectives and a strategy to meet the contract requirements.
Cost Proposal: Competitiveness and reasonableness of
20
cost, including hourly rates. Provide fee schedule.
Total Possible Points
100
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
Selection Process
Proposals will be evaluated on the proposer's ability to provide services that meet the
requirements set forth in this RFP. The City reserves the right to make such
investigations as it deems necessary to determine the ability of the proposer to provide
services meeting a satisfactory level of performance in accordance with the City's
requirements. The proposer shall furnish such information and data for this purpose as
the City may request, at no cost to the City. Interviews and presentations may be
requested if deemed necessary to fully understand and evaluate the proposer's
capabilities and qualifications.
It is the City's intent to award a single contract to the proposer that can best meet the
requirements of the RFP. The City reserves the right to award a contract to multiple or a
single proposer, or to make no award, whichever is in the best interest of the City.
If there are unresolved issues and negotiations are unsuccessful with the top -ranked
proposer, negotiations with be formally terminated and the City may attempt to
negotiate an agreement with the next highest ranked proposer. The City's right shall be
continued until a satisfactory contract can be negotiated. Award of contract is subject to
City Council approval.
RFP Schedule
Description
Dates
RFP Available
June 25th, 2026
A mandatory pre -proposal meeting
July 14th, 2026 at 11:00 am
Deadline to Submit Questions
July 15th, 2026 at 5:00 pm
City Response to Questions Posted on PlanetBids
July 16th, 2026 at 6:00 pm
Vendor Portal
Proposals Due
July 22nd, 2026 at 2:00 pm
Award of Contract Presented to City Council
08/11/2026 (Tentative)
First Day of Contract Services
08/17/2026 (Tentative)
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
City's Reservation of Rights
1. By submitting a proposal in response to this RFP, the vendor accepts all terms of the
attached sample agreement with no modifications.
2. Proposers shall carefully read the information contained in this RFP and submit a
complete response to all requirements and questions as directed. Incomplete
proposals may be considered non -responsive and may be rejected at the City's
discretion.
3. All information, documentation, and other materials submitted in response to this
solicitation are considered non -confidential and/or non-proprietary and are subject to
public disclosure after the solicitation is completed.
4. The City is not liable for any pre -contractual expenses incurred by any proposer or
by any selected consultant. Each proposer shall protect, defend, indemnify, and hold
harmless the City from any and all liability, claims, or expenses whosever incurred
by, or on behalf of, the entity participating in the preparation of its response to this
RFP. Proposers shall prepare and develop proposals at their sole cost and expense.
5. The City makes no representations of any kind that an award of an agreement will
be made as a result of this RFP, or subsequent RFP. The City reserves the right to
accept or reject any or all proposals, waive any formalities or minor technical
inconsistencies, and/or delete any item/requirements from this RFP when deemed to
be in City's best interest.
6. Failure to comply with all requirements contained in this RFP may result in the
rejection of a proposal.
7. A proposal may be modified or withdrawn in person at any time before the scheduled
due date, provided a receipt for the withdrawn Proposal signed by the proposer's
authorized representative. The City reserves the right to request proof of
authorization to withdraw a Proposal.
8. The City may evaluate the proposals based on the anticipated completion of all or
any portion of the project. The City reserves the right to divide the project into
multiple parts, reject any and all proposals and re -solicit for new proposals, or reject
any and all proposals and temporarily or permanently abandon the project.
9. The City may, in the evaluation of proposals, request clarification from proposers
regarding their proposals, obtain additional material or literature, and pursue other
avenues of research as necessary to ensure that a thorough evaluation is
conducted.
10. By submitting a proposal in response to this RFP, the vendor accepts the evaluation
process, acknowledges and accepts that determination will require subjective
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
judgments by the City and waives all rights to protest or seek any legal remedies
whatsoever regarding any aspect of this RFP.
11. The City of Rosemead expects the highest level of ethical conduct from proposers,
including adherence to all applicable laws and local ordinances regarding ethical
behavior.
12. If an agreement cannot be reached with the highest -ranked proposer, City reserves
the right to terminate negotiations with that party and enter into negotiations with the
next highest -ranked proposer.
13. Finalists in the selection process may be asked to attend an interview once the RFP
process is complete.
14. Acceptance of any proposal is contingent upon the proposer's certification and
agreement by submitting its offer to comply and act in accordance with all provisions
of the City's Municipal Code.
15.All proposals submitted shall be binding for 90 days from the date of submittal.
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
Attachments
• Attachment A —Agreement Template and Insurance Requirements
• Attachment B — Scope of Work
• Attachment C — Project Locations Aerial View for Bridge Crossing and Pump
Station Locations
• Attachment D — Sample Ornamental Wrought Iron Flower to be Included in Final
Design.
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
Attachment A - Agreement Template and Insurance Requirements
AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
[INSERT PROJECT NAME]
This AGREEMENT FOR PROFESSIONAL DESIGN SERVICES ("AGREEMENT")
is made and entered into effective as of , 20_, by and between
the CITY OF ROSEMEAD, a general law city, located at 8838 East Valley Boulevard,
Rosemead CA 91770 ("CITY") and (insert
corporation, LLC, partnership etc., located at
("CONSULTANT").
WITNESSETH:
For and in consideration of the promises and of the mutual covenants and agreements
herein contained, said parties hereby agree as follows:
1. RECITALS. This AGREEMENT is made and entered into with respect to the
following facts:
A. CITY requires professional services ("SERVICES"); and
B. On , 202_, CITY issued Request for Proposals
No. ("RFP") to obtain professional
services for the CITY, and based on review and rating of RFPs received
CONSULTANT was selected; and
C. CONSULTANT is qualified to provide those certain services to the CITY
necessary for the SERVICES; and, therefore, the Rosemead City
Council has elected to engage the services of CONSULTANT upon the
terms and conditions hereinafter set forth.
2. SCOPE OF SERVICES.
A. CONSULTANT shall furnish to the City all labor, materials, tools,
equipment, services, and incidental customary work necessary to fully
and adequately perform those services described in CONSULTANT's
Proposal for Services dated , ("PROPOSAL") consistent
with the CITY's Request for Proposals dated
("RFP") attached hereto as Exhibits "A" and "B" respectively and hereby
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incorporated by reference. To the extent that Exhibits A and B are
proposals from CONSULTANT, such proposals are incorporated only for
the description of the scope of services and no other terms and
conditions from any such proposal shall apply to this AGREEMENT.
B. Performance of the SERVICES specified herein is made an obligation of
CONSULTANT under this AGREEMENT, subject to any changes made
subsequently upon the mutual written agreement of the parties.
C. The scope of services to be performed by CONSULTANT under this
AGREEMENT shall include, but not be limited to, those services
specified in Paragraph 2A hereof.
D. If there is a conflict between any of the provisions of the AGREEMENT
and Exhibit A, this AGREEMENT shall have priority in the interpretation
of the Parties rights and obligations under this AGREEMENT.
3. PERFORMANCE STANDARDS. While performing this AGREEMENT
CONSULTANT will use the appropriate generally accepted professional standards of
practice existing at the time of performance utilized by persons engaged in providing
similar services. CONSULTANT shall cooperate with CITY if CITY opts to monitor
CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and
CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will
be borne by CONSULTANT.
4. FAMILIARITY WITH WORK.
A. By executing this AGREEMENT, CONSULTANT agrees that, to the best
of CONSULTANT's knowledge and belief, CONSULTANT has
(i) Carefully investigated and considered the scope of services to be
performed;
(ii) Carefully considered how the services should be performed; and
(iii) Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully
acquainted with the conditions there existing, before commencing the
services hereunder. Should CONSULTANT discover any latent or
unknown conditions that may materially affect the performance of the
services, CONSULTANT will immediately inform CITY of such fact and
will not proceed except at CONSULTANT's own risk until written
instructions are received from CITY.
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5. CITY SUPERVISION. The Director of the Department of of
CITY, or the Director's designee, shall have the right of general supervision of all work
performed by CONSULTANT and shall be the CITY's agent with respect to obtaining
CONSULTANT's compliance hereunder. No payment for any services rendered under
this AGREEMENT shall be made without the prior approval of the Director of
or the Director's designee.
6. FEE. Compensation to CONSULTANT for the total services to be rendered
pursuant to this AGREEMENT shall be in an amount not to exceed $
7. EXTRA SERVICES. Notwithstanding any other provision herein, no extra
services shall be rendered by CONSULTANT under this AGREEMENT unless such
extra services first shall have been authorized in writing by the CITY. Any such services
so authorized shall be paid by the CITY at rates approved of by the CITY.
8. PAYMENT BY CITY.
A. Compensation. Subject to any limitations provided in the Contract
Documents, City agrees to pay CONSULTANT as full consideration for
the faithful performance of all of the Work the total amount of
Dollars ($ .00)
("Compensation").
B. Monthly Invoice. CONSULTANT must furnish City with an invoice for the
Work performed in accordance with the Contract Documents.
CONSULTANT may not submit invoices more often than once every 30
days.
C. City Review of Invoices. City will review each invoice and determine
whether the Work performed is in accordance with the Contract
Documents. The Director may require CONSULTANT to provide a
release of all undisputed Contract amounts contained in the invoice.
D. Disputes on Invoices. If City disputes any item on an invoice, City will
give CONSULTANT notice stating the reasons for the dispute. The
Parties will meet and confer in good faith to attempt to resolve the
dispute.
E. 30 Days to Pay Invoice. Except as to any charges for the Work performed
that the City disputes, City will cause CONSULTANT to be paid within 30
days of the date of the invoice or the date that CONSULTANT furnishes
City with a release of all undisputed Contract amounts, whichever occurs
later.
F. Partial Invoices. In the event there is any claim specifically excluded by
CONSULTANT from the operation of any release, City may retain an
amount not to exceed the amount of the excluded claim.
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G. No Additional Compensation. Said compensation shall cover all
expenses, losses, damages, and consequences arising out of the nature
of the work during its progress or prior to its acceptance including those
for well and faithfully completing the work and the whole thereof in the
manner and time specified in the contract documents, and also including
those arising from actions of the elements, unforeseen difficulties or
obstructions encountered in the prosecution of the work, suspension or
discontinuance of the work, and all other unknowns or risks of any
description connected with the work.
9. TERM. The term of this AGREEMENT shall expire on unless
sooner terminated as provided in Section 12 herein or unless extended in writing by
the parties hereto. The CITY may extend said time of completion for delays caused by
circumstances beyond the control of either party to this AGREEMENT. Should the
consulting contract extend beyond the estimated time for completion of said services,
CITY hereby reserves the right to continue CONSULTANT's services hereunder with
any and all fees for such additional services to be compensated by the CITY at rates
approved by the CITY.
10. DISPUTES AND REMEDIES.
A. Claims, disputes, and other matters in question between the Parties
arising out of or relating to this AGREEMENT or the breach thereof, must
be resolved by the following procedure:
(i) CITY and CONSULTANT will exercise their best efforts to resolve
disputes through the development of a consensus. A meeting may
be requested by CITY or CONSULTANT at any time for the
purpose of resolving a dispute. A determination by CITY'S
Director of the Department of will be
made within two (2) weeks after a meeting to resolve the dispute;
(ii) If unresolved within thirty (30) days, then City Manager, or his or
her or her designee, will make a final determination;
(iii) Following the City Manager's final determination, the Parties may
submit any unresolved matters to non -binding mediation. The
parties may, but are not required to be, represented by counsel in
mediation;
(iv) If the Parties do not agree to mediation, or if mediation does not
resolve the Parties' dispute, the matter may be pursued in Los
Angeles County Superior Court, or the United States District
Court, Central District of California, if federal jurisdiction exists.
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B. The Parties' rights and remedies under this Agreement are in addition to
any other rights and remedies provided by law.
11. PREVAILING WAGE. CONSULTANT is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require
the payment of prevailing wage rates and the performance of other requirements on
"public works" and "maintenance" projects. 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. The CITY shall provide
CONSULTANT with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. CONSULTANT shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to
execute the SERVICES available to interested parties upon request, and shall post
copies at the Consultant's principal place of business and at the project site.
CONSULTANT shall defend, indemnify and hold the CITY, its elected officials, officers,
employees and agents free and harmless from any claim or liability arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws.
12. TERMINATION OF AGREEMENT. The CITY may terminate this AGREEMENT
upon giving a ten (10) day advance written notice of such termination to
CONSULTANT. In that event, the City Manager, or his or her designee, based upon
work accomplished by CONSULTANT prior to notice of such termination, shall
determine the amount of fees to be paid to CONSULTANT for such services based
upon accepted accounting practices. This finding by the City Manager, or his or her
designee, shall be considered by the Rosemead City Council and the Council's
determination shall be final and conclusive as to the amount of such fee.
13. INDEPENDENT CONTRACTOR. CONSULTANT shall act as an independent
contractor in the performance of the services provided for in this AGREEMENT and
shall furnish such services in CONSULTANT's own manner and method and in no
respect shall CONSULTANT be considered an agent or employee of the CITY.
14. OWNERSHIP OF DOCUMENTS. All financial documents, data, studies, and
reports prepared by CONSULTANT under this AGREEMENT are CITY's property.
CONSULTANT may retain copies of said documents and materials as desired, but will
deliver all original materials to CITY upon CITY's written notice. CITY agrees that use
of CONSULTANT's completed work product, for purposes other than identified in this
AGREEMENT, or use of incomplete work product, is at CITY's own risk. CITY will
indemnify and hold CONSULTANT harmless for any use of the work product other than
as contemplated by this AGREEMENT.
15. PUBLICATION OF DOCUMENTS. Except as necessary for performance of
service under this AGREEMENT, no copies, sketches, or graphs of materials, including
graphic art work, prepared pursuant to this Agreement, will be released by
CONSULTANT to any other person or city without CITY's prior written approval. All
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press releases, including graphic display information to be published in newspapers or
magazines, will be approved and distributed solely by CITY, unless otherwise provided
by written agreement between the parties.
16. NONASSIGNMENT. This AGREEMENT is not assignable either in whole or in
part by CONSULTANT without the written consent of CITY.
17. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY
with a valid Taxpayer Identification Number.
18. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this AGREEMENT, all necessary permits, licenses, and
certificates that may be required in connection with the performance of services under
this Agreement.
19. INDEMNIFICATION.
CONSULTANT hereby agrees to the following:
A. Indemnification for Design Professional Services. To the fullest extent
allowed by law (including without limitation California Civil Code Sections
2782 and 2782.8), CONSULTANT will save harmless and indemnify
CITY and, at CITY's request, reimburse defense costs for CITY and all
its officers, volunteers, employees and representatives from and against
any and all suits, actions, or claims, of any character whatever, brought
for, or on account of, any injuries, including death or damages sustained
by any person or property resulting or arising from any negligent or
wrongful act, error or omission by CONSULTANT or any of
CONSULTANT's officers, agents, employees, volunteers or
representatives, in the performance of this Agreement. For purposes of
this section "CITY" includes CITY's officers, officials, employees, agents,
representatives, and volunteers.
B. It is expressly understood and agreed that the foregoing provisions will
survive termination of this Agreement.
C. CITY does not, and shall not, waive any rights against CONSULTANT
which it may have by reason of the aforesaid hold -harmless
AGREEMENT because of the acceptance by CITY or the deposit with
CITY by CONSULTANT, of any of the insurance policies hereinafter
described in this AGREEMENT.
D. The aforesaid hold -harmless AGREEMENT by CONSULTANT shall
apply to all damages and claims for damages of every kind suffered, or
alleged to have been suffered, by reason of any of the aforesaid
operations of CONSULTANT, or any subcontractor of CONSULTANT,
regardless of whether such insurance policies shall have been
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determined to be applicable to any of such damages or claims for
damages.
E. Notwithstanding any provision of this Agreement to the contrary, design
professionals shall be required to defend and indemnify the City only to
the extent allowed by Civil Code Section 2782.8, namely for claims that
arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the design professional. The term "design professional"
includes licensed architects, licensed landscape architects, registered
professional engineers, professional land surveyors and the business
entities which offer such services in accordance with the applicable
provisions of the Business and Professions Code.
F. The provisions of this section do not apply to Claims occurring as a result
of the CITY's sole negligence or willful acts or omissions. In the event of
any dispute between CONSULTANT and CITY, as to whether liability
arises from the sole or active negligence of the CITY or its officers,
employees, or agents, CONSULTANT will be obligated to pay for CITY's
defense until such time as a final judgment has been entered
adjudicating the CITY as solely or actively negligent. CONSULTANT will
not be entitled in the absence of such a determination to any
reimbursement of defense costs including but not limited to attorney's
fees, expert fees, and costs of litigation.
20. INSURANCE. CONSULTANT shall not commence work under this contract
until CONSULTANT shall have obtained and shall maintain for the entire term
of the AGREEMENT all insurance required by this AGREEMENT and such
insurance shall have been approved by CITY as to form, amount and carrier,
nor shall CONSULTANT allow any subcontractor of CONSULTANT to
commence work on any subcontract until all similar insurance required of the
subcontractor of CONSULTANT shall have been so obtained and approved.
Any delays caused by CONSULTANT's or its subcontractors' failure to procure
or maintain required insurance are inexcusable and shall not be a basis for
extending the time for completion, and the CITY shall not be liable for
reimbursing CONSULTANT for costs due to such delay.
A. WORKERS' COMPENSATION INSURANCE. CONSULTANT shall take
out and maintain, during the life of this contract, Workers' Compensation
Insurance and Employer's Liability Insurance for all of CONSULTANT'S
employees employed to perform the SERVICES as described section 2
of the AGREEMENT; and, if any work is sublet, CONSULTANT shall
require the subcontractor of CONSULTANT similarly to provide Workers'
Compensation Insurance and Employers' Liability Insurance in
accordance with the laws of the State of California, Section 3700 for all
of the latter's employees, unless such employees are covered by the
protection afforded by CONSULTANT. If any class of employees
engaged in work under this AGREEMENT is not protected under any
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Workers' Compensation law, CONSULTANT shall provide and shall
cause each subcontractor of CONSULTANT to provide adequate
insurance for the protection of employees not otherwise protected.
CONSULTANT shall indemnify CITY for any damage resulting to it from
failure of either CONSULTANT or any subcontractor of CONSULTANT
to take out or maintain such insurance.
(i) Workers Compensation Insurance in the amount of not less than
Statutory Limits set by the State of California.
(i i) Employer's Liability Insurance in the amount of not less than
ONE MILLION DOLLAR ($1,000,000).
B. COMMERCIAL GENERAL LIABILITY, PROFESSIONAL LIABILITY,
AND AUTOMOBILE LIABILITY INSURANCE.
(i) Commercial General Liability Insurance. CONSULTANT shall
maintain commercial general liability insurance with coverage at
least as broad as Insurance Services Office form CG 00 01, in an
amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property
damage. The policy must include contractual liability that has not
been amended. Any endorsement restricting standard ISO
"insured contract" language will not be accepted.
(ii) Professional Liability (Errors & Omissions) Insurance.
CONSULTANT shall maintain professional liability insurance that
covers the Services to be performed in connection with this
agreement, in the minimum of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or
retroactive date must be before the effective date of this
agreement and CONSULTANT agrees to maintain continuous
coverage through a period no less than three years after
completion of the services required by this agreement.
(iii) Automobile Liability Insurance. CONSULTANT shall maintain
automobile insurance at least as broad as Insurance Services
Office form CA 00 01 covering bodily injury and property damage
for all activities of the CONSULTANT arising out of or in
connection with work to be performed under this agreement,
including coverage for any owned, hired, non -owned, or rented
vehicles, in an amount not less than $1,000,000 combined single
limit for each accident.
C. PROOF OF INSURANCE. CONSULTANT shall provide certificates of
insurance and required endorsements to CITY as evidence of insurance
coverage required herein. Insurance certificates and endorsements must
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be approved by CITY prior to the commencement of work. Current
certification of insurance shall be kept on file with CITY for the contract
period and any additional length of time required thereafter. CITY
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
D. NOTICE TO COMMENCE WORK. The CITY will not issue any notice
authorizing CONSULTANT or any subcontractor to commence work
under this AGREEMENT until CONSULTANT has provided to the CITY
Clerk the proof of insurance as required.
E. DURATION OF COVERAGE. CONSULTANT shall procure and maintain
for the contract period, and any additional length of time required
thereafter, insurance against claims for injuries to persons or damages
to property, or financial loss which may arise from or in connection with
the performance of work hereunder by CONSULTANT, their agents,
representatives, employees, or subconsultants.
F. PRIMARY/NONCONTRIBUTING. Coverage provided by CONSULTANT
shall be primary and an insurance or self-insurance procured or
maintained by CITY shall not be required to contribute with it. The limits
of insurance required herein may be satisfied by a combination of primary
and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage
shall also apply on primary and non-contributory basis for the benefit of
CITY before the CITY's own insurance or self-insurance shall be called
upon to protect it as named insured.
G. CITY'S RIGHTS OF ENFORCEMENT. In the event 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'S
payments. In the alternative, CITY may cancel this agreement.
H. ACCEPTABLE INSURERS. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance or is on the List of Approved Surplus
Line Insurers in the State of California, with an assigned policyholder's
Rating of A- (or higher) and Financial Size Category Class VII (or larger)
in accordance with the latest edition of Best' Key Rating Guide, unless
otherwise approved by the Director of Human Resources & Risk
Management.
WAIVER OF SUBROGATION. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
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subrogation against CITY, its elected or appointed officers, agents,
officials, employees, representatives 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.
J. ENFORCEMENT OF CONTRACT PROVISIONS (NON ESTOPPEL).
CONSULTANT acknowledges and agrees that any actual or alleged
failure on part of the CITY to inform CONSULTANT of non-compliance
with any requirement imposes no additional obligations on the CITY nor
does it waive any rights hereunder.
K. REQUIREMENTS NOT LIMITING. Requirements of specific coverage
features or limits contained in this section are not intended as limitation
on coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
CONSULTANT maintains higher limits than the minimums shown above,
the CITY requires and shall be entitled to coverage for the higher limits
maintained by the CONSULTANT. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall
be available to the CITY.
L. NOTICE OF CANCELLATION. CONSULTANT agrees to oblige its
insurance agent or broker and insurers to provide the CITY with a thirty
(30) day notice of cancellation (except for nonpayment for which a ten
(10) day notice is required) or nonrenewal of coverage for each required
coverage. If any of the CONSULTANT'S insurers are unwilling to provide
such notice, then CONSULTANT shall have the responsibility of notifying
the CITY immediately in the event of CONSULTANT'S failure to renew
any of the required insurance coverages, or insurer's cancellation or
nonrenewal.
M. ADDITIONAL INSURED STATUS. General Liability, Automobile Liability,
and umbrella/excess liability insurance policies shall provide or be
endorsed to provide that CITY and its officers, officials, employees,
agents, representatives, and volunteers shall be additional insureds
under such policies.
N. PROHIBITION OF UNDISCLOSED COVERAGE LIMITATIONS. None
of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that
has not been first submitted to CITY and approved of in writing.
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O. SEPARATION OF INSUREDS. A severability of interests provision must
apply for all additional insureds ensuring that CONSULTANT'S insurance
shall apply separately to each insured again whom claim is made or suit
is brough, except with respect to the insurer's limits of liability. The
policy(ies) shall not contain any cross -liability exclusions.
P. PASS THOUGH CLAUSE. CONSULTANT agrees to ensure that its
subconsultants, subcontractors, and any other party who is brough onto
or involved in the project/service by CONSULTANT (hereinafter
collectively "subcontractor"), provide the same minimum insurance
coverage and endorsements required of CONSULTANT. CONSULTANT
agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity
with the requirements of this section. However, in the event
CONSULTANT'S subcontractor cannot comply with this requirement,
which proof must be submitted to the CITY, CONSULTANT shall be
required to ensure that its subcontractor provide and maintain insurance
coverage and endorsements sufficient to the specific risk of exposure
involved with subcontractor's scope of work and services, with limits less
than required of the CONSULTANT, but in all other terms consistent with
the CONSULTANT's requirements under this agreement. This provision
does not relieve the CONSULTANT' of its contractual obligations under
the agreement and/or limit its liability to the amount of insurance
coverage provided by its subcontractors. This provision is intended to
solely provide CONSULTANT with the ability to utilize a subcontractor
who may be otherwise qualified to perform the work or services but may
not carry the same insurance limits as required of the CONSULTANT
under this agreement given the limited scope of work or services
provided by the subcontractor. CONSULTANT agrees that upon request,
all agreements with subcontractors, and others engaged in this project,
will be submitted to CITY for review.
Q. CITY'S RIGHT TO REVISE SPECIFICATIONS. The CITY reserves the
right to at any time during the term of the contract to change the amounts
and types of insurance required by giving the CONSULTANT ninety (90)
days advance written notice of such change. If such change results in
substantial additional cost to the CONSULTANT, the CITY and
CONSULTANT may renegotiate the CONSULTANT'S compensation.
R. SELF -INSURED RETENTIONS. Any self -insured retentions must be
declared to and approved by CITY. CITY reserves the right to require
that self -insured retentions be eliminated, lowered, or replaced by a
deductible, or require proof of ability to pay losses and related
investigations, claim administrative, and defense expenses within the
retention through confirmation from the underwriter.
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S. TIMELY NOTICE OF CLAIMS. CONSULTANT shall give CITY prompt
and timely notice of claims made or suits instituted that arise out of or
result from CONSULTANT'S performance under this agreement, and
that involve or may involve coverage under any of the required liability
policies.
T. ADDITIONAL INSURANCE. CONSULTANT shall also procure and
maintain, at this own cost and expense, any additional kinds of
insurance, which in its own judgment may be necessary for its proper
protection and prosecution of the work.
21. NON-DISCRIMINATION. CONSULTANT shall not discriminate in its recruiting,
hiring, promotion, demotion or termination practices on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, or sexual orientation in the performance of this
AGREEMENT and shall comply with the provisions of the California Fair Employment
and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California
Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-
352, and all amendments thereto; Executive Order 11246; and all administrative rules
and regulations issued pursuant to such acts and order.
22. UNAUTHORIZED ALIENS. CONSULTANT hereby promises and agrees to
comply with all of the provisions of the Federal Immigration and Nationality Act (8
USCA 1101, et seq.), as amended; and, in connection therewith, shall not employ
unauthorized aliens as defined therein. Should CONSULTANT so employ such
unauthorized aliens for the performance of work and/or services covered by this
AGREEMENT, and should the Federal Government impose sanctions against the
CITY for such use of unauthorized aliens, CONSULTANT hereby agrees to, and shall,
reimburse CITY for the cost of all such sanctions imposed, together with any and all
costs, including attorney's fees, incurred by the CITY in connection therewith.
23. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of
interest laws and regulations including, without limitation, CITY's conflict of interest
regulations.
24. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this
AGREEMENT shall not constitute the waiver of any other term, condition or covenant
hereof.
25. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret
the provisions of this AGREEMENT, the prevailing party in such litigation shall be
entitled to an award of reasonable attorney's fees, in addition to any other relief to
which it may be entitled.
26. BINDING EFFECT. This AGREEMENT shall be binding upon the heirs,
executors, administrators, successors and assigns of the parties hereto.
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27. PROVISIONS, CUMULATIVE. The provisions of this AGREEMENT are
cumulative and in addition to and not in limitation of any rights or remedies available
to CITY.
28. NO PRESUMPTION REGARDING DRAFTER. The parties acknowledge and
agree that the terms and provisions of this AGREEMENT have been negotiated and
discussed between the parties and their attorneys, and this AGREEMENT reflects their
mutual AGREEMENT regarding the same. Because of the nature of such negotiations
and discussions it would be inappropriate to deem any party to be the drafter of this
AGREEMENT; therefore, no presumption for or against validity or as to any
interpretation hereof, based upon the identity of the drafter, shall be applicable in
interpreting or enforcing this AGREEMENT.
29. ASSISTANCE OF COUNSEL. Each party to this AGREEMENT warrants to
each other party as follows:
A. That each party either had the assistance of counsel or had counsel
available to it, in the negotiation for, and execution of, this AGREEMENT,
and all related documents; and,
B. That each party has lawfully authorized the execution of this
AGREEMENT.
30. MODIFICATION. This AGREEMENT shall not be modified except by written
agreement of the parties.
31. GOVERNING LAW. This AGREEMENT shall be interpreted and construed
according to the laws of the State of California.
32. NOTICE. Whenever it shall be necessary for either party to serve notice on the
other regarding this AGREEMENT, such notice may be furnished in writing by either
party to the other and shall be served by personal service as required in judicial
proceedings or by certified mail, postage prepaid, return receipt requested, addressed
to the parties as follows:
CITY:
CONSULTANT:
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Tel:
Email:
Tel:
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Notice will be deemed effective on the date personally delivered or transmitted by
facsimile. If the notice is mailed, notice will be deemed given three days after deposit
of the same in the custody of the United States Postal Service, postage prepaid, for
first class delivery, or upon delivery if using a major courier service with tracking
capabilities. Changes may be made in the names or addresses of persons to whom
notices are to be given by giving notice in the manner prescribed in this paragraph.
Changes may be made in the names or addresses of persons to whom notices are to
be given by giving notice in the manner prescribed in this paragraph.
33. FORCE MAJEURE. Neither party shall be responsible for delays or failures in
performance resulting from acts beyond the control of the offending party. Such acts
shall include, but not be limited to, acts of God, fire, flood, earthquake, or other natural
disaster, nuclear accident, explosion, war, terrorist attack, embargo, strike, lockout, riot,
freight embargo, public regulated utility, or government statutes or regulations
superimposed after the fact. Notwithstanding the foregoing, this provision shall only
have effect if written notice of the force majeure event is given by the party claiming
such excuse for delay within ten days of the commencement of such event.
34. ELECTRONIC TRANSMISSION OF AGREEMENT AND SIGNATURE. The
Parties agree that this AGREEMENT may be signed and transmitted by electronic mail
by either/any or both/all Parties, and that such signatures shall have the same force
and effect as original signatures, in accordance with California Government Code
section 16.5 and Civil Code section 1633.7.
35. RECORD AUDIT. In accordance with Government Code section 8546.7,
records of both the CITY and the CONSULTANT shall be subject to examination and
audit by the CITY for a period of three (3) years after final payment.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on its effective date by their respective officers duly authorized on their
behalf.
signatures on next page
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CITY OF ROSEMEAD CONSULTANT
[INSERT COMPANY NAME]
Tax PayerlD:
Ben Kim, City Manager Date
Print Name
ATTEST:
Title:
Ericka Hernandez, City Clerk Date
APPROVED AS TO FORM:
Signature
Print Name:
Rachel Richman Date
City Attorney
Title:
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City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
Attachment B — Scope of Work
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
Services requested include but are not limited to the following:
TASK 1
FIELD REVIEW AND DATA COLLECTION
The consultant shall conduct a field review at each of the five (5) project locations to
obtain the necessary field data to prepare and deliver a design for the installation of
8-foot tall wrought iron fencing that will enhance security barriers around City
owned flood control channels and pump stations. FY 2026-27 program will aim to
enclose unattended space around two (2) existing pump stations and three (3)
existing bridge crossings (See location list detailed below for bridge crossing and
pump station locations). The consultant shall provide the City with a summary of
field verified quantities to include on the project bid schedule. Locations that will be
included in the FY 26-27 project are as follows:
Pump Station Locations:
• East of Del Mar Ave, South of 1-10 Freeway
• East of Walnut Grove Ave, South of 1-10 Freeway
Bridge Crossing Locations:
• North and South side fencing for bridge crossing located over Valley Blvd, west of
Walnut Grove Avenue.
• North and South side fencing for bridge crossing located over Garvey Avenue, west
of San Gabriel Blvd.
• West and East side fencing for bridge crossing located over San Gabriel Blvd, south
of Garvey Ave.
This work shall include, but not be limited to:
• Consultant shall schedule a meeting with the City Engineer or designee to conduct
field reviews to confirm the needs at each of the five (5) locations.
• Consultant shall share recommendations to the City for properly enclosing bridge
crossings and pump station locations with an overall goal to limit illegal access to
these locations and enhance security.
• Once recommendations are reviewed by City staff, comments provided by City staff
shall be incorporated on to the final design.
For pump station enclosures:
• Consultant shall design and determine the necessary areas and quantities that will
require removal of trees, vegetation and removal of soil to allow for the installation of
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
an 8 foot tall wrought iron fencing to enclose the existing pump stations that the
consultant will be designing to enhance the security at each pump station location.
Each pump station enclosure shall be designed to include a minimum of two (2)
swing doors (total opening shall be 20 feet wide per pump station) that will be used
to provide access for maintenance purposes.
For bridge crossing enclosures:
• Consultant shall design and determine the necessary configuration and quantity for
wrought iron fencing required for the installation of an 8-foot tall wrought iron fencing
that will be designed to enhance the security at each bridge crossing location.
• Each bridge crossing enclosure shall be designed to include a minimum of one (1)
entry gate.
• Each bridge crossing shall also be designed to include an ornamental wrought iron
flower with green stem and red rose at the center of the new wrought iron fence. See
Attachment C for an example of ornamental wrought iron flower.
TASK 2
DESIGN PACKAGE
Contractor shall provide the City with a clear understanding and assessment of the
condition of each of the five (5) project locations. The Consultant shall also provide bid -
ready design package that includes a design for each of the five (5) project locations,
construction estimate, bid schedule, technical specifications, and project cut sheets for
recommended wrought iron fencing for the upcoming FY 26-27 Protective Barriers for
Unattended Spaces Project.
This work shall include, but not be limited to:
• Design for each bridge crossing location shall include a fencing plan for each of the
following:
o North and South side fencing for bridge crossing located over Valley Blvd,
west of Walnut Grove Avenue.
o North and South side fencing for bridge crossing located over Garvey
Avenue, west of San Gabriel Blvd.
• West and East side fencing for bridge crossing located over San Gabriel
Blvd, south of Garvey Ave.
• Design for each Pump Station Location shall include a fencing plan for each of the
following:
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
• East of Del Mar Ave, South of 1-10 Freeway
• East of Walnut Grove Ave, South of 1-10 Freeway
The Consultant shall prepare a bid schedule listing each asset to be installed and
include unit of measure for each asset along with submittal of recommended cut -
sheets necessary for the future installation of an 8-foot-tall wrought iron fence.
Construction estimates: From the data obtained during the field surveys and
recommendations for fence installation, an estimate of associated costs is to be
provided for the FY 26-27 Protective Barriers for Unattended Spaces Project which
will be utilized for construction budgeting purposes.
TASK 3
BIDDING PHASE SUPPORT
• Consultant shall respond to Requests for Information (RFIs) during the project
advertisement period and log questions and responses.
• Prepare project addendum.
• Attend pre -construction meeting, job walk, and job -site meetings when requested by
the City over the course of construction schedule (assume 5 meetings).
• Provide responses to the contractor's RFIs about the plans and specifications when
requested by the City.
• Provide responses and approvals to the contractor's submittals for materials and
shop drawings when requested by the City.
TASK 4
CONSTRUCTION PHASE SUPPORT
Consultant shall respond to Requests for Information (RFIs) during the construction
phase of this project.
Consultant shall review and respond to project submittals relating to construction
materials to confirm they align with project specifications.
DELIVERABLES
Field review and data collection
The consultant shall conduct a field review at each of the five (5) project locations to
obtain field data necessary to prepare and deliver a design for the installation of 8-foot
tall wrought iron fencing that will enhance security barriers around City owned flood
control channels and pump stations. Deliverables shall include a report that includes
data obtained from the field reviews and recommendations for the City to properly
enclose each bridge crossing and pump station location for the FY 25-26 Protective
Barrier for Unattended Spaces Project. Consultant shall provide options for type of
wrought iron fencing that can be installed and provide pros and cons for each type of
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
fencing for City staff to review and provide comments. These comments shall then be
incorporated during the design phase.
2. Design Package
Consultant shall provide engineer stamped design plan(s) which will show an aerial
view of all project locations and show a note of each asset and their respective
dimensions.
The design plan(s) shall also show the width of proposed entry gates and swinging
doors, for each bridge crossing and pump station location. Design shall also incorporate
details for custom shop fabricated wrought iron flower with green stem and red rose
similar to what's shown in Attachment D.
All data shown on the engineer stamped design plan(s) shall be prepared to an
appropriate scale for each project location. Multiple sheets can be prepared to provide
as much detail as possible for the design at each project location.
Deliverables shall also include a construction estimate, bid schedule, technical
specifications, and project cut sheets of the recommended wrought iron fencing for the
upcoming FY 26-27 Protective Barriers for Unattended Spaces Project.
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
Attachment C — Project Locations Aerial View for Bridge Crossing and Pump
Station Locations
Protective Barrier for Unattended Spaces - Desired Location for Installation of Wrought Iron Fencing for Bridge Crossings
Bridge Crossing Location 1:
• North and South side fencing for bridge crossing located over Valley Blvd, west of Walnut Grove Avenue.
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Protective Barrier for Unattended Spaces -Desired Location for Installation of Wrought Iron Fencing for Bridge Crossings
Bridge Crossing Location 2:
North and South side fencing for bridge crossing located over Garvey Avenue, west of San Gabriel Blvd.
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Protective Barrier for Unattended Spaces - Desired Location for Installation of Wrought Iron Fencing for Bridge Crossings
Bridge Crossing Location 3:
• West and East side fencing for bridge crossing located over San Gabriel Blvd, South of Garvey Ave.
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PROPOSED 30'x50' WROUGHT IRON FENCE AND GATE
ENCLOSURE TO SECURE PUMP STATION.
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Walnut Grove Ave PUMP HOUSE LOCATED AT WALNUT GROVE AVE. AND FREEWAY 1-10
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PROPOSED 30'x50' WROUGHT IRON FENCE AND GATE
ENCLOSURE TO SECURE PUMP STATION.
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
Attachment D — Sample Ornamental Wrought Iron Flower to be Included in Final
Design.
City of Rosemead — Design Services, Protective Barriers for Unattended Spaces - RFP NO. 2026-07
NOTE:
1. CUSTOM SHOP FABRICATION
2. PAINTTO MATCH CITY OF ROSEMEAD LOGO. OWNER TO VERIFY SHOP DRAWINGS PRIOR TO CONSTRUCTION.
Attachment B
JMC2 Proposal
Proposal for:
City of Rosemead
RFP:
Design Services: Protective Barriers for
Unattended Spaces Project —
RFP No. 2026-07
July 22, 2026
Presented by jMC2
411 N. Harbor Blvd., Suite 201,
San Pedro, CA 90731
Tel: 310.241.6550
www.jmc-2.com
Section 1. Cover Letter
City of Rosemead
Department of Public Works
Attn: Romany Basilyous, City Engineer
8838 E. Valley Blvd.
Rosemead, CA 91770
Re: RFP for Design Services: Protective Barriers for Unattended Spaces Project — RFP No.
2026-07
John M. Cruikshank Consultants, Inc. (JMC2) is pleased to submit our proposal for Design Services:
Protective Barriers for Unattended Spaces to the City of Rosemead Department of Public Works for
RFP for Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07. JMC2
is a Los Angeles County based design firm providing engineering solutions for a wide variety of projects
throughout Southern California.
All projects start after the JMC2 team fully understands the necessary scope of work which happens
after we visit the project site with the City and listen to their needs and project budgets. Then, we
assemble the appropriate professionals to handle the work then develop a written work plan for the
entire process. Civil and structural engineering requires a thorough knowledge of existing conditions
before improvements or changes can occur. For this, our engineers perform detailed site visits and
document research, and outreach to utility companies all while our surveyor starts their work.
Design occurs after there is an accurate engineering basemap (as -is conditions). Preliminary concepts
are drawn and shared with the City to confirm that is the correct path. Using adopted building codes
and standards, the JMC2 methodically develops plans, technical specifications, and engineering cost
estimates (PS&E) until the City and other permitting agencies have approved a final bid package.
We look forward to the opportunity to further discuss JMC2's approach, project understanding, and
team qualifications for this RFP for Design Services: Protective Barriers for Unattended Spaces Project
— RFP No. 2026-07. We are available to provide any additional information or proposal clarifications.
We hereby confirm that all information provided is true and correct and attest that we have read and
agree to the terms and conditions of the City of Rosemead's standard Agreement.
John M. Cruikshank, PE, F. ASCE, Principal -In -Charge
Individual Authorized to Bind the Firm
® 2 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
Section 2: Background, Experience, and Financial Stability
John M. Cruikshank Consultants, Inc. (JMC2) is committed to providing high -quality civil and
structural engineering services. Founded in 1996, the firm emphasizes client service and custom-
tailored work approaches that fit each client's individual needs. With a flexible organizational structure,
JMC2 can focus on ensuring quality and cost effectiveness, maintaining tight schedules, and remaining
responsive to client's revisions. Clients have come to rely on our accuracy, automation, and innovation
providing engineering and management which save them the most money possible on the back end of
their projects. The firm currently has two offices in San Pedro and Buena Park and is professionally
licensed in 29 US states.
JMC2 has a solid working relationship with several local public agencies providing civil engineering,
project management, and structural engineering services for a variety of public works projects. JMC2
has worked on the following local municipalities projects within the past five years: Torrance pedestrian
upgrades on Cravens Avenue, Hollywood Walk of Fame MAT program upgrades, and an Active
Transportation Project (ATP) in Santa Monica along Michigan Avenue at 20th Street.
Team Capacity. JMC2 maintains a healthy work mix of public and private sector projects. We have
licensed engineers leading our engineering and CAD staff in a wide variety of projects, keeping us up
to date with codes and trends. So, whether the City of Rosemead project needs utility research, parking
lot design, storm drainage upgrades, sewer line design, new building engineering support, or QSD/QSP
support — JMC2 can help. We have provided on -call services since our beginning for many public
agencies and school districts. Our nine -person staff have three licensed civil engineers and one
licensed structural engineer. We also have one engineer in training and a CAD manager.
Public Agency Knowledge. JMC2 work, doing on -call work for Public Sector clients, is extensive.
From our work as both project civil and structural engineers for many City public facilities projects, JMC2
has demonstrated its ability, capacity, and skill to properly perform on some of your city's more difficult
projects. For the past 28 years, JMC2 has worked on bike paths, libraries, police stations, parking
garages, sewerage systems, storm drainage, traffic signals, street plans, boundary surveys, value
engineering, plan check, and staff augmentation.
Focus on Project Success. Successful projects are navigated by first understanding the desired goal
and finish date then working backwards on steps to make that happen. We have experienced and
talented staff who really take the time to understand what your project needs and are then provided
with an upfront, detailed scope of work so we are on the same page. We know who will be reviewing
our plans, so we make sure all tasks needed are included from the start. Early, focused consultation
with the City of Rosemead's team is the Key to our On -Call Service Success.
Financial Stability. JMC2, a California corporation, has remained financially stable since 1996. We
learned in 2008 that it's best to maintain a balance of public and private sector work, so we can ride
out the 'valleys' in the economy. Even with a bit of a slowdown in private sector work in Q1 of 2026,
JMC2 has kept its accounts receivables at a reasonable amount and won more public sector work to
keep its team focused on revenue generation. There is no pending litigation and have been no
bankruptcy proceedings or financial events against the organization within the last 5 years.
® 3 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
Project Team, Key Personnel and Resumes
CITY OF ROSEMEAD
JMCZ
John Cruikshank, PE, MSEMT, F.ASCE
Project Manager & Principal -in -Charge
I
Survey Engineering Team
T&M SURVEYING Vipul Ahuja, SE
Ty Thomas, PLS Sr. Project Manager
President Ariel Cenizal, PE
- - - - —1 Project Engineer
Christopher Benjamin
CAD Manager
® 4 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
Resumes
JOHN M. CRUIKSHANK, PE
PRINCIPAL, PROJECT MANAGER
John Cruikshank is President & CEO of John M. Cruikshank
AREAS OF EXPERTISE
Consultants, Inc. (JMC2). He is a registered civil engineer with
. Project Management
thirty years of civil and structural design, constructability reviews,
. Transportation Engineering
and project management for all aspects of land development,
. Civil Engineering
transportation systems, port facilities, building systems, and
• Street Improvement Plans
industrial operations. Originally with Caltrans - District 7, he was
• Caltrans, Utility Company, and
involved with freeway interchange construction inspection, report
Local Agency Coordination
writing, and design in both Los Angeles and Ventura Counties.
EDUCATION
. Bachelor of Science,
John then worked for Tudor Engineering Company in Los Angeles
Civil Engineering
as both a designer and a report writer. He prepared plans,
University of Southern
specifications, and estimates (PS&E) work for critical California
California
• Master of Science -
transportation projects including the 1-110 Harbor Transitway in Los
Engineering Management
Angeles, the SR-198 Gap Closure project in Visalia, and the
University of Southern California
580/680 Direct Connector project in Pleasanton. He was
LICENSURE
responsible for seismic retrofit feasibility reports and retrofit
1993 / Registered Civil
strategies for several, Northern California bridges after the 1989
Engineer / California #C50792
Loma Prieta earthquake.
2011 / Qualified SWPPP
Developer & Practitioner /
Before starting JMC2, Mr. Cruikshank was the office manager for
California #797
Harding Lawson Associates Infrastructure, Inc. He was a
2019 / Professional Engineer
in 23 other states
engineer for Metro's SR-605 HOV project and project
project g p J p J
PROFESSIONAL AFFILIATIONS
manager for several infrastructure projects throughout Southern
. American Society of Civil
California. At JMC2, Mr. Cruikshank sets directions for the company
Engineers - Fellow
while overseeing numerous critical projects.
• City of Rancho Palos Verdes —
City Council Member
MSX Road Repairs 20-21, Long Beach, California State
. Construction Management
University of Long Beach
Association of America
us that have either
There are four street "Areas" on the Client's campus
Harbor Association of Industry
&Commerce
"Poor" or "Very Poor" road conditions including: Area 1 - CSULB
private road from the pyramid parking structure (west) to parking lot
G12 (as shown) - approx. 1,500
LF, Area 2 - State University Drive from E Campus Drive to Palo
Verde Ave (as shown) - approx.
1,000 LF, Area 3 - Brotman Drive west of James Brotman Hall - approx. 250 LF, and Area 4 - Merriam
Way from E Atherton Street south to the LACFCD channel - approx.
1,600 LF.
Michigan Avenue Greenway & 20t" Street Bikeway, City of Santa
Monica, CA. Project manager for
the Michigan Avenue Neighborhood (ManGo) bikeway from 19th Street to 21 st Street crossing the 1-10
freeway at 20th Street. This is an Active Transportation Project (ATP) with State grant funding. Work
has included bike and pedestrian path alternatives, layout plans, hydrology study, street improvement
plans, utility plans, project management/coordination, details, Caltrans permit processing, drainage
plans, stage construction, construction specifications, and cost estimates.
® 5 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
LAX ConRAC Civil Engineering Independent Design Check, PGAL, Los Angeles, CA. Los
Angeles World Airport's design team led by PGAL (architects) finalized their 60% construction
document set and by contract this submittal needed to be independently checked. JMC2 provided a
thorough, independent check of the civil engineering work prepared by Kimley Horn, Inc. Work included
review of all prime civil engineer's calculations and reports, and plans including on- and off -site
improvements; performed interface check between full plan set and civil engineering plans; reviewed
all prime civil engineer's construction specifications; attended coordination meetings; and performed
backcheck of revised plans, specifications, and calculations.
Civil Engineering Services in Support of Architectural and Engineering Services Section, Los
Angeles, CA LAUSD. For more than two decades, Principal civil engineer providing planning, design,
and construction document development for a wide range of LAUSD projects. Work has included
master planning, ADA upgrades, paving, grading and drainage, project management, slope
stabilization, accessibility upgrades, site utilities, SWPPP, street improvement plans, peer review,
permit processing, cost estimates, specifications, construction phase services, record drawings, and
DSA closeout.
Street/Pedestrian Upgrades of Cravens Avenue, Old Torrance, Torrance, CA. Project manager for
surveyors, civil engineers, and landscape architects for street rehabilitation, pedestrian upgrades, and
ADA improvements for Cravens Avenue is historic Old Torrance. Work has included project
management, topographic surveying, as -built and utility research, coordination meetings, community
meetings, street plans and profiles, drainage upgrades, signage/striping plans, landscape plans,
construction specifications, cost estimates, and construction oversight.
On -Call Civil Engineering Professional Services, Orange County, CA, OC Parks. Project manager
and principal civil engineer who is heading up the JMC2 team which will be available to meet workload
demands for upcoming park, beach, harbor, trail, and historic site projects. His firm, JMC2, is a full -
service surveying and engineering company, has strategically teamed with a few other professional
firms to handle the wide range of services needed for the OC Park's projects.
Port of Long Beach (POLB) Middle Harbor Redevelopment Project, Long Beach, CA, Moffatt &
Nichol. Project civil engineering subconsultant hired to provide small business enterprise, professional
support services for the Moffatt & Nichol project team through 2019. The POLB's goal is to replace two
of their obsolete and irregularly shaped container terminals with one efficient, green, and 345-acre
facility with a large, on -dock rail yard.
Chino Annexation, Chino, CA, Stanley R. Hoffman Associates, Inc. Project civil engineer in charge
leading the decision process for future infrastructure systems needed to accommodate future
annexation scenarios. For example, large developments can provide backbone infrastructure on a more
efficient basis than piecemeal annexations, and island annexation may be closer to existing
infrastructure, but here may be system sizing issues that need to be addressed. The infrastructure
analysis included infrastructure locations, materials, age, planned upgrades, constraints, and current
capital improvements plans. This analysis identified current financing approaches, including impact and
connection fees, developer requirements, and assessments and special taxes that will be part of future
financing recommendations.
® 6 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
VIPULAHUJA, SE
SR. PROJECT MANAGER
Vipul Ahuja is a Senior Project Manager with JMC2 and is a registered
AREAS OF EXPERTISE
structural engineer with over forty years of structural design experience.
• Structural Engineering
Vipul specialization is in High-rise buildings, Structural Design, Structural
Public Agencies
Analysis, ETABS, STAAD, Feasibility, Structural Steel Design, Reinforced
Steel Design
EDUCATION
Concrete Design, Ram Concept, Value Engineer, PBSD, Seismic Isolation.
0 MSEMT, Structural
Prior to joining JMC2, Vipul lead the structural design firm Ahuja
Engineering
University of
Consultants Pvt. Ltd. at New Delhi (established 1991) as CEO & Director,
Oklahoma
which was a leader in technology & provides optimum, safe & aesthetically
• BSCE, Civil
pleasing and many times challenging designs & retrofitting. Serviced clients
Engineering, Indian
from all walks of life. Designed one of the tallest buildings in the New Delhi
Institute of
Technology, New
National Capital Region (NCR) & also the first Seismically Isolated
Delhi, India
commercial building in the private sector in India, which have extremely
LICENSURE
high earthquake resilience. Apart from that, designed long span roofs,
• 1987 / Registered
Structural Engineer /
steel -concrete composite buildings, Precast prestressed, Post Tensioned
California #S2908
flat slabs, timber & reinforced masonry buildings. His worldwide experience
• 1983 / Registered
included India, Japan, Australia apart from US (Washington DC, California)
Civil Engineer / CE
where he had a joint venture with Tadjer, Cohen & Edelson Inc.
California #C36041
• Chartered Engineer:
Vipul also worked with and led organizations such as OSHPD and
Institution of
respected firms like Skidmore Owings & Merrill. Licensed SE in CA since
Engineers, India
PROFESSIONAL
1987.
AFFILIATIONS
4240 Redondo Beach Blvd. Was involved with reviewing another
• Member SEAOSC,
EERI
structural engineer's recommendations. Successfully overruled
Fellow (Past Vice
recommendations and saved client unnecessary expenses by convincing
President), IAStructE
the SE of record to take a pragmatic stand, as it was not a mandatory
' Fellow Institution of
Engineers, India (IEI)
retrofit. Also the improvements being suggested we were only making the
structure better and therefore avoided the city requirements of the retrofit.
3200 La Rotonda Dr. Unit 214, CA. Oceanside Terrace Condominium—HOA wanted to check if it was
safe for a persistent homeowner's request to add heavier loads than originally designed for in old
structure --built in the 60's. Recognized that the 3-story wooden structure was seated on an
underground parking concrete flat slab, which was in distress. Also, the existing wooden structure was
non -compliant. Saved HOA the hassle of walking into a mandatory retrofit potentially costing them a
fortune.
Laurel Grove, Whittier, CA. Project manager overseeing production of calculations for a cheek wall
retaining wall design.
7-Eleven Store, Moreno Valley, CA. Project manager overseeing production of calculations and
structural observations for wood framing of store.
4066 Reda, Los Angeles, CA. Project manager overseeing production of structural calculations for
Steel Stair, and Steel Mezzanine Framing, Anchorage.
® 7 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
Newport Residential Project, Newport Beach, CA. Project manager overseeing production of
structural construction documents and construction observations for 8 residential townhouses in the
city of Newport Beach.
NGAS M1, Redondo Beach, CA. Project manager overseeing production of structural calculations and
sketches for steel stairs.
13601 San Antonio Dr., Norwalk, CA. Project manager overseeing production of structural
calculations and sketches for steel stairs.
55 Story Residential Tower, Delhi, India. Served as Structural Engineer in charge of the tallest
building in NCR on piled raft foundation. Sequence of construction detailed studies, backstay effect not
then in code also incorporated. Soil -structure interaction studies done for foundation. Lecture given &
paper written as a case study in SEWC (Structural Engineering World Congress).
IT SEZ 1 million sq ft, base Isolated 7 story above and 2 subterranean level, precast concrete
building (NCR). Served as Structural Engineer managing several challenges including assuring correct
isolator quality (witnessed testing in China for 10 days). Provided all data to manufacturer per ASCE 7
& Euro Codes. Figuring out complicated load paths for lift & stairwells suspended from ground level
down. Figuring out connection details for horizontal ties on ground floor below interface level (column
tops) in precast concrete.
650 ft tall Commercial building in NCR, Dehli, India. Served as Structural Engineer for a peer review
of a shear wall steel/concrete composite tower. Found several parameters deficient from drift
calculation to high camber and deflection of large span steel beams.
® 8 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
TY THOMAS, PLS
SURVEYOR
Registered Land Surveyor in California and has served as mapping and survey manager and director
for over 20 years. Operating office mapping services and field survey operations.
Over the past 20 years I have managed surveying and mapping operations throughout the private and
public sectors. Overseen the mapping and construction activities of various master planned
communities, mixed use projects, commercial and industrial projects, public infrastructure projects, and
institutional projects throughout Southern California. Managed the preparation of legal descriptions and
plats, tract/parcel mapping, record of surveys, ALTA Land Surveys, boundary establishment, lot line
adjustments, certificates of compliance, certificate of corrections and condominium plans.
In May of 2017 1 started T&M Surveying, Inc, and continued to provide my services to the private sector
and the commercial companies, such as Jamboree Housing, Hal Hays Construction, Portrait
Construction, Cornerstone Development and The City of Laguna Beach and Los Angeles.
• Trickling Filter Valve Replacement, Orange County Sanitation Dist.
• 4th St & Public Area Enhancement b/w D&C, City of Perris
• Arovista Park Modernization Project, City of Brea.
• Mesa View Modernization, Ocean View School Dist.
• Polliwog Park Fitness Station Replacement, City of Manhattan Beach
• LVL AWTF Inland Injection Well Project, Water Replenishment District
• Dills Park Renovation — Parking Lot
• Downtown Parking Lot Improvement, City of Rialto
• North Harbor Anaheim Phase2. City of Anaheim — Anaheim Housing Authority
• Paseo Adelanto Apartments, Jamboree Housing Corporation
• Santa Ana- North Harbor Village, Jamboree Housing Corporation
• Tres Lagos Apartments, Wildomar Tres Lagos Partnership, LP
• Tres Lago Phase 11, Wildomar Tres Lagos Partnership 11, LP
• AK Warren Water Resources Facility Convey, Sanitation Districts of Los Angeles County
• Traffic Calming Improvements Phase 11, City of Santa Ana
• TSP Parking Lot & Monument, City of Murrieta
® 9 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
Section 3. Table of Contents
Section1. Cover Letter.....................................................................................................................................................2
Section 2: Background, Experience, and Financial Stability................................................................................. 3
Section3. Table of Contents.........................................................................................................................................10
Section 4: Approach and Scope of Work...................................................................................................................11
Section5: References.....................................................................................................................................................15
Section 6. City Contract & Insurance Requirements..............................................................................................19
Section7. Addenda Acknowledgement.....................................................................................................................19
Section8. Cost Proposal................................................................................................................................................ 20
® 10 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
Section 4: Approach and Scope of Work
The City of Rosemead (City) is seeking professional engineering services teams to assist their Public
Services Department over the next three years to implement their capital improvement projects. The
JMC2 team is responding to the City's 'Design Services: Protective Barriers for Unattended Spaces
Project' as this is what we are built to do. JMC21s engineers are experts in analyzing and designing
new, upgraded, and repaired streets, water systems, storm drainage, sewers, and street lighting. We
can choose from our pool of talented subcontractors based upon specialty needs.
The City is 5.2 square miles with the 10-freeway heading east -west bisecting it. To the north is San
Gabriel and Temple City, El Monte and South El Monte are to the east, South San Gabriel and the 60-
freeway to the south, and Monterey Park to the west. Route 164 traverses north south through much
of the City as well. These highways and freeways are controlled by Caltrans (State DOT). Within the
City boundaries are residents, businesses, schools, churches, and public spaces that rely on safe
roads, flood control systems, and reliable infrastructure lines. When something does not work, the
Public Services Department is the first to know about it, so their goal is to have the minimal number of
issues with their City systems. The JMC2 team has a wide variety of experiences to be there to help
the City respond quickly to a wide variety of public works' issues.
Here is JMC2's approach to deliver value to the City of Rosemead.
-Discuss
Project with
Client
•Form Best
Project Team
-VerifyScope .Analysis& -Client
-Project Calcs Confirmation
Basemap IAs. -Plans & Specs *Agency
is
Is) Coordination
Our office works on more than 200 projects every year. The proven success formula involves
understanding the Project Goals, the As -Is Condition, the Permit Process then preparing construction
documents to get us to the Should -Be Condition in the least amount of time and for the least amount
of money.
Value is defined by our clients. We believe your City values clear and concise reports and plans that
can be understand by the users of these documents — City Council members, public works staff,
contractors, and maintenance crews.
® 11 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
Scope of Work
Here is our project template that JMC2 will follow for this Protective
Barriers project pursuant to the RFP objectives.
Task 1 — FIELD REVIEW AND DATA COLLECTION
Topographic Survey tied into County/City Benchmark
T&M Survey (TMS) will provide miscellaneous supplemental field
survey related to the proposed improvements. They will plot existing
building corners, parking stalls, flatwork, etc. along with existing above
ground utilities based on Field Survey.
TMS will provide a survey of the subject property. TMS survey will
locate the necessary existing boundary monuments for the resolution
of the project boundary. If sufficient monumentation is not recovered
during the field survey and monuments are required to be set, a record
of survey may be required but is not currently included in this scope.
Work includes plotting existing easements of record per current title
reports (as provided by the City).
Site Visit
JMC2 will visit all five (5) of the project sites to gain a better understanding of the scope of work, the
local environmental conditions and other requirements which may be specific to the actual location.
Data & Utilities Research
JMC2 will conduct a thorough investigation of all available record information from the City and/or
County, Utility Agencies and/or Other Agencies having jurisdiction over this project to discover existing
flood control channel plans, pump stations, street improvements, and utilities.
Coordination Meetings & Recommendations
JMC2 will participate in the Kickoff and Project Recommendation meetings with the City Engineer but
also communicate with the project team including phone calls, virtual meetings, and emails with the
Client and/or other subcontractors for the purpose of maintaining project status and open dialog. These
coordination efforts are necessary and add value to help achieve on -time and in -budget performance.
Deliverables
• Limited Topographic Survey
• Project Recommendations
Task 2 — DESIGN PACKAGE
Pump Station Enclosure Plans
There are two City water pumping stations (s/o I-10 freeway)
;;i; , ,F,A I I� at Del Mar Ave and Walnut Grove Ave that need to be better
protected by installing 8-foot-tall wrought iron fences around
their perimeter. Each location will require two swing gates
totaling a 20-foot clear opening for maintenance vehicles to
�- have direct access. JMC2 will develop the exact locations of
the fencing and gate with critical input from the City. To minimize access, we are proposing that these
fences be built on top of concrete curbing buried 24-inches below the surface to prevent digging under
the wrought iron fencing. Plans will show clearing & grubbing work, wall layouts, bearings, distances,
® 12 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
cross sections, and detailing. Structural calculations will be performed per industry standards for
vehicular impacts.
Bridge Crossing Enclosure Plans
There are three bridge crossing over the LA County Flood Control Channel at Valley Blvd, Garvey Ave,
and San Gabriel Blvd that need to be better protect pedestrians from the flood control channel below.
This will be done by installing 8-foot-tall wrought iron fences along the back of pedestrian sidewalk
along the bridge railing. Each location should maintain 4-foot clearance (3-foot min.) and will require
one entry gate. JMC2 will develop the exact locations of the fencing and gate with critical input from
the City. Wrought iron fencing shall incorporate the City of Rosemead's logo into the elevation. Plans
will show wall layouts, elevations, and detailing. Structural calculations will be performed per industry
standards.
Construction Specifications
JMC2 will prepare technical specifications in CSI format to cover engineering work. This provides the
contractor with instructions on how to proceed with construction tasks related to civil and structural
engineering tasks. Full boilerplate specifications are not included in our scope of work.
Cost Estimate
JMC2 will prepare cost estimates to cover the engineering portions of the work being developed in this
contract. The information will be provided in spreadsheet format showing the item, unit price, quantity,
and total price for each line item.
Deliverables
• Pump Station Enclosure Plans
• Bridge Crossing Enclosure Plans
• Specifications
• Cost Estimate
Task 3 — BIDDING PHASE SUPPORT
JMC2 will assist the City to respond to bidders RFIs and prepare clarification and/or additional bid
documents for issuance of bid addendums.
During the bidding phase, it is anticipated that JMC2 will perform or take part in the following:
1. Attend a pre -bid meeting ("job walk").
2. Review and respond to RFI's and submittals.
3. Prepare project addendum.
Task 4 — CONSTRUCTION PHASE SUPPORT
During the construction phase, it is anticipated that JMC2 will perform or take part in the following:
1. Attend a pre -construction meeting.
2. Review and respond to RFI's and submittals.
3. Review of Client Structural Shop Drawings, for off -site prefabricated structural elements,
specifically excluding shop or placement drawings for concrete reinforcement steel. Please
note that shop drawings are reviewed only for general conformance with the intent of the
design and general compliance with the construction contract. Dimensions, quantities, and
other considerations are not reviewed.
4. Process plan requests including electronic submission to project team.
5. Provide site visits and field observations (5 on -site meetings budgeted).
6. Prepare record drawings upon project closeout.
® 13 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
HOW JMC2 DELIVERS VALUE
CLARIFY COMMENTS PROCESS
ARCHIVE COMMENTS 1-0. COMMENTS
NO
PROJECTSTART
REVIEW PROPOSAL
PROJECT MEETING
VERIFY SCOPE OF
PROJECT WORK PLAN
GATHER PROJECT
WORK
INFORMATION
PROTECT INFORMATION
SURVEY
I
SITE PLAN
BASEMAP
PREPARE DRAWINGS
ARCHITECTURAL PLANS
SHEETSETUP
SOILS REPORT
SITE VISIT
SUBCONTRACTOR PLANS
PRE -DESIGN ANALYSIS
PLANNING
BORDER INFORMATION
SUBMITTAL REQUIREMENTS
IDESIGN
&MODELING
AS-BUILTS
DESIGN
E �
PLAN PREPARATION
CALCULATIONS
SPECIFICATIONS
ICOST
ESTIMATES
INTERNAL PIANCHECK
CLIENT PLAN REVIEW
VERIFY SUBMITTAL
REQUIREMENTS
PROJECT
SUBMITTAL COORDINATE SUBMITTAL
MAKEUP SUBMITTAL
t CONTACT REVIEW AGENCIES
SUBMITTAL FOLLOW UP __1
CLIENT COORDINATION
PROCESS APPROVED
PLANS
CONTACT PROTECT TEAM
�IIL ARCHIVE DOCUMENTED
DOCUMENTS
® 14 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
Section 5: References
The following is a listing of JMC2's similar projects for other local municipalities:
Moulton Niguel Water District Operations Center, A-1 Fence Company, Laguna Hills, CA.
Client: A-1 Fence Company 12831 E. La Cresta Ave, Anaheim, CA 928061
Michael Lowthers I Sales Manager 1760.981.8552 1 michael@a1fence.com
JMC2 were project structural engineers for the new, 8-foot-tall wrought iron fences and gates at the
MNWD Operations Center. Work included site visits, research, construction plans, and specifications
for security fencing and 40-foot wide rolling security gate at this public agencies facilities.
IIIII
DGS Bakersfield - Bakersfield, CA., Goss Engineering.
Client: Goss Engineering 1 255 E. Rincon St. Ste.302, Corona, CA 928791
Michelle Pierce I Electrical Project Manager 1951.340.1977 1 mpierce@goss-eng.com
Services Provided: SOW: JMC2 civil team will prepare striping and signage plans for the new
charging stations in accordance with City standards. Client shall provide site background of the site
in CAD.
7 Ports:
• 3 dual port chargers and 1 single port charger
• New electrical panel
• ADA ramp
• ADA stall and van accessible stall
• Seven (7) EV parking spaces
• 7 wheel stops
Structural Plans: For this project, JMC2 structural team will prepare structural plans for electric vehicle
charging station support and electrical panel support. Structural Plans include structural title sheet,
notes, foundations, framing, details, and elevations necessary to construct the renovated facility.
® 15 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
DGS CDCR California Men's Colony — San Luis Obispo, CA., Goss Engineering. JMC2 will prepare
striping and signage plans for the new charging stations in accordance with City standards. Client
shall provide site/survey background of the site in CAD.
Staff West — 9 Ports (All Staff)
• (7) parking spaces need restriping and standard EV Charging signage
• (1) existing parking spaces will be reused as an ADA Standard Space
• (1) existing parking space will be reused as a Van Accessible Space
• (1) Signs for an ADA Standard space
• (1) Sign for a Van Accessible space
• (1) ADA ramp (concrete)
Fleet East — 10 Ports (All Fleet)
• (10) Fleet EV Charging signage
Structural calculations and construction documents for electric vehicle charging station support,
electrical panel support & transformer pad
DGS District 5 Office — San Luis Obispo, CA., Goss Engineering.
Client: Goss Engineering 1 255 E. Rincon St. Ste.302, Corona, CA 928791
Michelle Pierce I Electrical Project Manager 1951.340.1977 1 mpierce@goss-eng.com
Services Provided: Civil and Structural engineering consultants who lead the preparation SOW:
Striping and Signage Plans
JMC2 will prepare striping and signage plans for the new charging stations in accordance with
Caltrans standards. Client shall provide a background of the site in CAD. Client shall verify the
new ADA spaces are ADA compliant since the topo survey of the site is not available.
12 Ports (All Staff)
• 12 parking spaces need restriping and standard EV charging signage
• 1 Van Accessible space will be needed
• 1 Standard Accessible space will be needed
• Additional striping will be needed for ADA spaces
• 12 Wheel stops
Structural calculations and construction documents for 6 Pedestal -Mounted EV Charging Stations,
1 Unistrut mounted panelboard, 12 Posts for signage, 1 Transformer concrete pad.
® 16 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
DGS Leviathan Mine. — CA., BKF Engineers.
❖ Client: Goss Engineering 1 255 E. Rincon St. Ste.302, Corona, CA 928791
Michelle Pierce I Electrical Project Manager 1951.340.1977 1 mpierce@goss-eng.com
Services Provided: Structural engineering consultants who lead the preparation of SOW: Concrete
Foundation for Main treatment system units including R-1, R-2, T-1, T-5 and Lime feed system.
Foundation design to include potential future building. Foundation for T-4A and T-4B. Foundation
for Portable Generator and Air Compressor.
Hermosa Beach Pier Ph. III Update, Hermosa Beach, CA, City of Hermosa Beach
Client: City of Hermosa Beach 11315 Valley Drive, Hermosa Beach, CA 904011
Joseph SanClemente I Public Works Director for the City of Hermosa Beach 1 310.318.0238 1
jsanclemente@hermosabeach.gov
Services Provided: Civil and Structural Engineering to analyze and to repair concrete pier.
Project engineers to conduct pier underside inspection and refresh construction plans,
specifications, and estimates to structurally repair currently distressed concrete piles, decking, or
bent caps that may require a variety of structural repairs. Work can begin in mid -January assuming
the surf is reasonably calm to safely perform inspections.
Pacific Coast Highway Street Improvement, Hermosa Beach
❖ Client: City of Hermosa Beach 1 1315 Valley Drive, Hermosa Beach, CA 90254
Lucho Rodriguez, PE 1310,318.0210 1 Irodriguez@hermosabch.org
❖ Services Provided: Designed ADA ramps for state highway and sidewalks to access
commercial/residential buildings.
The City of Hermosa Beach retained the services of JMC2 for the design of four (4) ADA Curb
Ramps per the latest Caltrans Standards on PCH in the City of Hermosa Beach. Their request was
to design the ADamps per the latest Caltrans standard A rs
and requirements, prepare construction plans and
specifications, and rough construction cost estimate at the
beginning of the project and final construction cost
estimate by the completion of Plans and Specifications.
JMC2 recently completed 100% plan, specifications, and
estimates (PS&E) documents pursuant to Caltrans
Encroachment Permit standards for ADA curb ramp
upgrades at 2nd Street, 6th Street, and 21 st Street along
Pacific Coast Highway (Hwy 1) in the City of Hermosa
Beach. Work involved extensive coordination with City and
Caltrans officials and mandatory design exception
factsheets to obtain Caltrans Design Standard Exceptions
and Encroachment Permits.
® 17 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
Dominguez Bike Path Phase I & II, Carson, CA
Client: City of Carson 1 701 E. Carson Street, Carson, CA 90745
Gilbert Marquez 1 310.952.1700 1 gmarquez@carson.ca.us
•3 Services Provided: Civil and structural engineering for new bike path along the Dominquez Channel
Project manager preparing the plans, specifications, and
estimates (PS&E) for a Bike Path phase 2 along eastside
of Dominguez Channel from Avalon Blvd to 223rd Street.
The proposed 1.7-mile-long bike path is in the City of
Carson (City), along the Dominguez Channel which is
maintained by the Los Angeles County Flood Control
District (LACFCD). This task also involved preparation of
CEQA document and Right -of Way certification. The
project is included in both the City's and the County of
Los Angeles' Bicycle Master Plans, which identifies the
bike path as an important transportation and recreational
link along the entire length of the Dominguez Channel
from the City of Hawthorne to Pacific Coast Highway.
189th Street Ped. Bridge
❖ Client: City of Carson 1 701 E. Carson Street, Carson, CA 90745
Victor Lopez 1310.952.1700 1 vlopez@carsonca.gov
❖ Services Provided: Civil and structural engineering to repair a pedestrian bridge that had been
closed for years.
Civil and structural engineers for the retrofit design of an existing 72-foot-long x 6-foot-wide
pedestrian bridge spanning over the Los Angeles County Flood Control Channel. The walking
surface of the bridge, as well as the guard rail fencing, were both completely removed and replaced
due to significant rust and corrosion. New solar powered lighting was added to the bridge to properly
illuminate the bridge at night.
Street/Pedestrian Upgrades of Cravens
Avenue, Old Torrance, City of Torrance, CA
Client: City of Torrance 120500 Madrona Avenue,
Torrance, CA 90503
Jessamine Que 310.618.3066
JQue@TorranceCA.gov
Services Provided: Project management,
topographic surveying, as -built and utility research,
coordination meetings, community meetings, street
plans and profiles, drainage upgrades,
si na a/stri in lans water tans street lighting
g g p gp f p7 ,
landscape plans, construction specifications, cost estimates, and construction oversight.
Project managers, surveyors, and civil engineers for street rehabilitation, pedestrian upgrades, and
ADA improvements for Cravens Avenue in historic Old Torrance. Work included project
management, topographic surveying, as -built and utility research, coordination meetings,
community meetings, street plans and profiles, drainage upgrades, signage/striping plans,
landscape plans, construction specifications, cost estimates, and construction oversight.
® 18 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
Section 6. City Contract & Insurance Requirements
We hereby confirm that all information provided is true and correct and attest that we have read and
agree to the terms and conditions of the City of Rosemead's standard Agreement.
Section 7. Addenda Acknowledgement
We acknowledge as of July 21, 2026, there have been 0 Addendums issued for this Request for
Proposal.
® 19 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
Section 8. Cost Proposal
® 20 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
Rosemead Protective Barriers 2026
Date: July 21, 2026
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Expert Witness
$450
0.0
$0.00
Principal -In -Charge
$300
4.0
2.0
2.0
2.0
2.0
2.0
14.0
$4,200.00
Department Head
$250
6.0
4.0
4.0
8.0
2.0
4.0
6.0
36.0
74.0
$18,500.00
Senior Project Manager
$225
0.0
$0.00
Project Manager
$210
0.0
$0.00
Project Engineer
$195
32.0
12.0
26.0
12.0
20.0
8.0
24.0
134.01
$26,130.00
Engineer III
$1801
0.0
$0.00
Engineer II
$165
0.0
$0.00
Engineer)
$150
0.0
$0.00
CAD Manager
$165
12.0
36.0
78.0
12.0
153.5
$25,327.50
Drafter/CAD Operator
$135
0.0
$0.00
Administrative
$100
0.0
$0.00
Sub totals
22.0
36.0
54.0
114.0
14.0
26.0
0.0
0.0
16.0
74.0
375.5
$74,157.50
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Not included:
Civil engineering, shoring, architectural services
Comments:
Pump Station and Bridge Crossing Plans to include structural title sheet, layout, sections, and details by Structural TASK 1 FEES $ 19,478
TASK 2 FEES $ 38,760
TASK 3 FEES $ 3,660
TASK 4 FEES $ 16,260
Needs:
Project Border, CAD standards
DIRECT COSTS
$ 582
GRAND TOTAL
$ 78,740
C:\Users\JessicaRuiz\Nextcloud2\markets\Structural\_Public Agencies\Cities\Rosemead\Protective Barriers 2026\JMC2 Fee Breakdown 260721 7/22/2026 11:53 AM
HOURLY RATE SCHEDULE
Effective January 2026
EXPERT WITNESS $ 450.00
PRINCIPAL -IN -CHARGE $ 300.00
DEPARTMENT HEAD $ 250.00
SENIOR PROJECT MANAGER $ 225.00
PROJECT MANAGER
$ 210.00
PROJECT ENGINEER
$
195.00
ENGINEER III
$
180.00
ENGINEER II
$
165.00
ENGINEER 1
$
150.00
CAD MANAGER
$
165.00
DRAFTER/CAD OPERATOR
$
135.00
ADMINISTRATIVE/COORDINATOR
$
100.00
Reimbursable Expenses
Per Unit Charge
In-house large format copy service
$ 5/print
In-house black and white plots
$ 30/plot
In-house color plots
$ 60/plot
Color Copies
$ 0.65/page
Outside printing/media services
Cost + 15%
Postage/delivery service 11i
Cost + 15%
Travel: Air Fare, Car Rental, Meals, Lodging
Cost + 15%
Company Vehicle
Maximum allowed by IRS
Notes:
(1) Plans are sent out to clients via Overnight mail unless otherwise directed by Client.
(2) Hourly rates will be updated on an annual basis throughout the duration of the project, and services
will be billed at the hourly rates in place at the time the service is provided.
® 22 Design Services: Protective Barriers for Unattended Spaces Project — RFP No. 2026-07
Attachment C
Professional Services Agreement
with JMC2
AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
DESIGN SERVICES FOR THE PREPARATION OF PLANS, SPECIFICATIONS &
ESTIMATES FOR THE
PROTECTIVE BARRIERS FOR UNATTENDED SPACES PROJECT
JOHN M. CRUIKSHANK CONSULTANTS, INC. (JMC2)
This AGREEMENT FOR PROFESSIONAL DESIGN SERVICES ("AGREEMENT") is
made and entered into effective as of , 2026, by and between the
CITY OF ROSEMEAD, a general law city, located at 8838 East Valley Boulevard,
Rosemead CA 91770 ("CITY") and John M. Cruikshank Consultants, Inc., a
corporation located at 411 N. Harbor Blvd., Suite 201, San Pedro, CA 90731
("CONSULTANT").
WITNESSETH:
For and in consideration of the promises and of the mutual covenants and agreements
herein contained, said parties hereby agree as follows:
1. RECITALS. This AGREEMENT is made and entered into with respect to the
following facts:
A. CITY requires professional Design services ("SERVICES"); and
B. On June 25t", 2026, CITY issued Request for Proposals No. 2026-07
("RFP") to obtain professional design services for the CITY, and based
on review and rating of RFPs received CONSULTANT was selected; and
C. CONSULTANT is qualified to provide those certain services to the CITY
necessary for the SERVICES; and, therefore, the Rosemead City
Council has elected to engage the services of CONSULTANT upon the
terms and conditions hereinafter set forth.
2. SCOPE OF SERVICES.
A. CONSULTANT shall furnish to the City all labor, materials, tools,
equipment, services, and incidental customary work necessary to fully
and adequately perform those services described in CONSULTANT's
Proposal for Services dated July 2211, 2026, ("PROPOSAL") consistent
Design Professional Services contract _1 _
over 50K
12/2025 Form
4916-4581-9220 vl
with the CITY's Request for Proposals dated June 25th, 2026 ("RFP")
attached hereto as Exhibits "A" and "B" respectively and hereby
incorporated by reference. To the extent that Exhibits A and B are
proposals from CONSULTANT, such proposals are incorporated only for
the description of the scope of services and no other terms and
conditions from any such proposal shall apply to this AGREEMENT.
B. Performance of the SERVICES specified herein is made an obligation of
CONSULTANT under this AGREEMENT, subject to any changes made
subsequently upon the mutual written agreement of the parties.
C. The scope of services to be performed by CONSULTANT under this
AGREEMENT shall include, but not be limited to, those services
specified in Paragraph 2A hereof.
D. If there is a conflict between any of the provisions of the AGREEMENT
and Exhibit A, this AGREEMENT shall have priority in the interpretation
of the Parties rights and obligations under this AGREEMENT.
3. PERFORMANCE STANDARDS. While performing this AGREEMENT
CONSULTANT will use the appropriate generally accepted professional standards of
practice existing at the time of performance utilized by persons engaged in providing
similar services. CONSULTANT shall cooperate with CITY if CITY opts to monitor
CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and
CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will
be borne by CONSULTANT.
4. FAMILIARITY WITH WORK.
A. By executing this AGREEMENT, CONSULTANT agrees that, to the best
of CONSULTANT's knowledge and belief, CONSULTANT has
(i) Carefully investigated and considered the scope of services to be
performed;
(ii) Carefully considered how the services should be performed; and
(iii) Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully
acquainted with the conditions there existing, before commencing the
services hereunder. Should CONSULTANT discover any latent or
unknown conditions that may materially affect the performance of the
services, CONSULTANT will immediately inform CITY of such fact and
Design Professional Services contract _2_
over50K
12/2025 Form
4916-4581-9220 vl
will not proceed except at CONSULTANT's own risk until written
instructions are received from CITY.
5. CITY SUPERVISION. The Director of the Department of Public Works of CITY,
or the Director's designee, shall have the right of general supervision of all work
performed by CONSULTANT and shall be the CITY's agent with respect to obtaining
CONSULTANT's compliance hereunder. No payment for any services rendered under
this AGREEMENT shall be made without the prior approval of the Director of Public
Works or the Director's designee.
6. FEE. Compensation to CONSULTANT for the total services to be rendered
pursuant to this AGREEMENT shall be in an amount not to exceed $78,740.00.
7. EXTRA SERVICES. Notwithstanding any other provision herein, no extra
services shall be rendered by CONSULTANT under this AGREEMENT unless such
extra services first shall have been authorized in writing by the CITY. Any such services
so authorized shall be paid by the CITY at rates approved of by the CITY.
8. PAYMENT BY CITY.
A. Compensation. Subject to any limitations provided in the Contract
Documents, City agrees to pay CONSULTANT as full consideration for
the faithful performance of all of the Work the total amount of Seventy -
Eight thousand Seven Hundred Forty Dollars ($78,740.00)
("Compensation").
B. Monthly Invoice. CONSULTANT must furnish City with an invoice for the
Work performed in accordance with the Contract Documents.
CONSULTANT may not submit invoices more often than once every 30
days.
C. City Review of Invoices. City will review each invoice and determine
whether the Work performed is in accordance with the Contract
Documents. The Director may require CONSULTANT to provide a
release of all undisputed Contract amounts contained in the invoice.
D. Disputes on Invoices. If City disputes any item on an invoice, City will
give CONSULTANT notice stating the reasons for the dispute. The
Parties will meet and confer in good faith to attempt to resolve the
dispute.
E. 30 Days to Pay Invoice. Except as to any charges for the Work performed
that the City disputes, City will cause CONSULTANT to be paid within 30
days of the date of the invoice or the date that CONSULTANT furnishes
City with a release of all undisputed Contract amounts, whichever occurs
later.
Design Professional Services contract -3-
over 50K
12/2025 Form
4916-4581-9220 vl
F. Partial Invoices. In the event there is any claim specifically excluded by
CONSULTANT from the operation of any release, City may retain an
amount not to exceed the amount of the excluded claim.
G. No Additional Compensation. Said compensation shall cover all
expenses, losses, damages, and consequences arising out of the nature
of the work during its progress or prior to its acceptance including those
for well and faithfully completing the work and the whole thereof in the
manner and time specified in the contract documents, and also including
those arising from actions of the elements, unforeseen difficulties or
obstructions encountered in the prosecution of the work, suspension or
discontinuance of the work, and all other unknowns or risks of any
description connected with the work.
9. TERM. The term of this AGREEMENT shall expire EIGHTEEN (18) months
from the agreement date unless sooner terminated as provided in Section 12 herein
or unless extended in writing by the parties hereto. The CITY may extend said time of
completion for delays caused by circumstances beyond the control of either
party to this AGREEMENT. Should the consulting contract extend beyond the
estimated time for completion of said services, CITY hereby reserves the
right to continue CONSULTANT's services hereunder with any and all fees for such
additional services to be compensated by the CITY at rates approved by the CITY.
10. DISPUTES AND REMEDIES.
A. Claims, disputes, and other matters in question between the Parties
arising out of or relating to this AGREEMENT or the breach thereof, must
be resolved by the following procedure:
(i) CITY and CONSULTANT will exercise their best efforts to resolve
disputes through the development of a consensus. A meeting may
be requested by CITY or CONSULTANT at any time for the
purpose of resolving a dispute. A determination by CITY'S
Director of the Department of Public Works will be made within
two (2) weeks after a meeting to resolve the dispute;
(ii) If unresolved within thirty (30) days, then City Manager, or his or
her or her designee, will make a final determination;
(iii) Following the City Manager's final determination, the Parties may
submit any unresolved matters to non -binding mediation. The
parties may, but are not required to be, represented by counsel in
mediation;
(iv) If the Parties do not agree to mediation, or if mediation does not
resolve the Parties' dispute, the matter may be pursued in Los
Design Professional Services contract -4-
over 50K
12/2025 Form
4916-4581-9220 vl
Angeles County Superior Court, or the United States District
Court, Central District of California, if federal jurisdiction exists.
B. The Parties' rights and remedies under this Agreement are in addition to
any other rights and remedies provided by law.
11. PREVAILING WAGE. CONSULTANT is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require
the payment of prevailing wage rates and the performance of other requirements on
"public works" and "maintenance" projects. 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. The CITY shall provide
CONSULTANT with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. CONSULTANT shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to
execute the SERVICES available to interested parties upon request, and shall post
copies at the Consultant's principal place of business and at the project site.
CONSULTANT shall defend, indemnify and hold the CITY, its elected officials, officers,
employees and agents free and harmless from any claim or liability arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws.
12. TERMINATION OF AGREEMENT. The CITY may terminate this AGREEMENT
upon giving a ten (10) day advance written notice of such termination to
CONSULTANT. In that event, the City Manager, or his or her designee, based upon
work accomplished by CONSULTANT prior to notice of such termination, shall
determine the amount of fees to be paid to CONSULTANT for such services based
upon accepted accounting practices. This finding by the City Manager, or his or her
designee, shall be considered by the Rosemead City Council and the Council's
determination shall be final and conclusive as to the amount of such fee.
13. INDEPENDENT CONTRACTOR. CONSULTANT shall act as an independent
contractor in the performance of the services provided for in this AGREEMENT and
shall furnish such services in CONSULTANT's own manner and method and in no
respect shall CONSULTANT be considered an agent or employee of the CITY.
14. OWNERSHIP OF DOCUMENTS. All financial documents, data, studies, and
reports prepared by CONSULTANT under this AGREEMENT are CITY's property.
CONSULTANT may retain copies of said documents and materials as desired, but will
deliver all original materials to CITY upon CITY's written notice. CITY agrees that use
of CONSULTANT's completed work product, for purposes other than identified in this
AGREEMENT, or use of incomplete work product, is at CITY's own risk. CITY will
indemnify and hold CONSULTANT harmless for any use of the work product other than
as contemplated by this AGREEMENT.
Design Professional Services contract _5_
over 50K
12/2025 Form
4916-4581-9220 vl
15. PUBLICATION OF DOCUMENTS. Except as necessary for performance of
service under this AGREEMENT, no copies, sketches, or graphs of materials, including
graphic art work, prepared pursuant to this Agreement, will be released by
CONSULTANT to any other person or city without CITY's prior written approval. All
press releases, including graphic display information to be published in newspapers or
magazines, will be approved and distributed solely by CITY, unless otherwise provided
by written agreement between the parties.
16. NONASSIGNMENT. This AGREEMENT is not assignable either in whole or in
part by CONSULTANT without the written consent of CITY.
17. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY
with a valid Taxpayer Identification Number.
18. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this AGREEMENT, all necessary permits, licenses, and
certificates that may be required in connection with the performance of services under
this Agreement.
19. INDEMNIFICATION.
CONSULTANT hereby agrees to the following:
A. Indemnification for Design Professional Services. To the fullest extent
allowed by law (including without limitation California Civil Code Sections
2782 and 2782.8), CONSULTANT will save harmless and indemnify
CITY and, at CITY's request, reimburse defense costs for CITY and all
its officers, volunteers, employees and representatives from and against
any and all suits, actions, or claims, of any character whatever, brought
for, or on account of, any injuries, including death or damages sustained
by any person or property resulting or arising from any negligent or
wrongful act, error or omission by CONSULTANT or any of
CONSULTANT's officers, agents, employees, volunteers or
representatives, in the performance of this Agreement. For purposes of
this section "CITY" includes CITY's officers, officials, employees, agents,
representatives, and volunteers.
B. It is expressly understood and agreed that the foregoing provisions will
survive termination of this Agreement.
C. CITY does not, and shall not, waive any rights against CONSULTANT
which it may have by reason of the aforesaid hold -harmless
AGREEMENT because of the acceptance by CITY or the deposit with
CITY by CONSULTANT, of any of the insurance policies hereinafter
described in this AGREEMENT.
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D. The aforesaid hold -harmless AGREEMENT by CONSULTANT shall
apply to all damages and claims for damages of every kind suffered, or
alleged to have been suffered, by reason of any of the aforesaid
operations of CONSULTANT, or any subcontractor of CONSULTANT,
regardless of whether such insurance policies shall have been
determined to be applicable to any of such damages or claims for
damages.
E. Notwithstanding any provision of this Agreement to the contrary, design
professionals shall be required to defend and indemnify the City only to
the extent allowed by Civil Code Section 2782.8, namely for claims that
arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the design professional. The term "design professional"
includes licensed architects, licensed landscape architects, registered
professional engineers, professional land surveyors and the business
entities which offer such services in accordance with the applicable
provisions of the Business and Professions Code.
F. The provisions of this section do not apply to Claims occurring as a result
of the CITY's sole negligence or willful acts or omissions. In the event of
any dispute between CONSULTANT and CITY, as to whether liability
arises from the sole or active negligence of the CITY or its officers,
employees, or agents, CONSULTANT will be obligated to pay for CITY's
defense until such time as a final judgment has been entered
adjudicating the CITY as solely or actively negligent. CONSULTANT will
not be entitled in the absence of such a determination to any
reimbursement of defense costs including but not limited to attorney's
fees, expert fees, and costs of litigation.
20. INSURANCE. CONSULTANT shall not commence work under this contract
until CONSULTANT shall have obtained and shall maintain for the entire term
of the AGREEMENT all insurance required by this AGREEMENT and such
insurance shall have been approved by CITY as to form, amount and carrier,
nor shall CONSULTANT allow any subcontractor of CONSULTANT to
commence work on any subcontract until all similar insurance required of the
subcontractor of CONSULTANT shall have been so obtained and approved.
Any delays caused by CONSULTANT's or its subcontractors' failure to procure
or maintain required insurance are inexcusable and shall not be a basis for
extending the time for completion, and the CITY shall not be liable for
reimbursing CONSULTANT for costs due to such delay.
A. WORKERS' COMPENSATION INSURANCE. CONSULTANT shall take
out and maintain, during the life of this contract, Workers' Compensation
Insurance and Employer's Liability Insurance for all of CONSULTANT'S
employees employed to perform the SERVICES as described section 2
of the AGREEMENT; and, if any work is sublet, CONSULTANT shall
require the subcontractor of CONSULTANT similarly to provide Workers'
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Compensation Insurance and Employers' Liability Insurance in
accordance with the laws of the State of California, Section 3700 for all
of the latter's employees, unless such employees are covered by the
protection afforded by CONSULTANT. If any class of employees
engaged in work under this AGREEMENT is not protected under any
Workers' Compensation law, CONSULTANT shall provide and shall
cause each subcontractor of CONSULTANT to provide adequate
insurance for the protection of employees not otherwise protected.
CONSULTANT shall indemnify CITY for any damage resulting to it from
failure of either CONSULTANT or any subcontractor of CONSULTANT
to take out or maintain such insurance.
(i) Workers Compensation Insurance in the amount of not less than
Statutory Limits set by the State of California.
(ii) Employer's Liability Insurance in the amount of not less than
ONE MILLION DOLLAR ($1,000,000).
B. COMMERCIAL GENERAL LIABILITY, PROFESSIONAL LIABILITY,
AND AUTOMOBILE LIABILITY INSURANCE.
(i) Commercial General Liability Insurance. CONSULTANT shall
maintain commercial general liability insurance with coverage at
least as broad as Insurance Services Office form CG 00 01, in an
amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property
damage. The policy must include contractual liability that has not
been amended. Any endorsement restricting standard ISO
"insured contract" language will not be accepted.
(ii) Professional Liability (Errors & Omissions) Insurance.
CONSULTANT shall maintain professional liability insurance that
covers the Services to be performed in connection with this
agreement, in the minimum of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or
retroactive date must be before the effective date of this
agreement and CONSULTANT agrees to maintain continuous
coverage through a period no less than three years after
completion of the services required by this agreement.
(iii) Automobile Liability Insurance. CONSULTANT shall maintain
automobile insurance at least as broad as Insurance Services
Office form CA 00 01 covering bodily injury and property damage
for all activities of the CONSULTANT arising out of or in
connection with work to be performed under this agreement,
including coverage for any owned, hired, non -owned, or rented
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vehicles, in an amount not less than $1,000,000 combined single
limit for each accident.
C. PROOF OF INSURANCE. CONSULTANT shall provide certificates of
insurance and required endorsements to CITY as evidence of insurance
coverage required herein. Insurance certificates and endorsements must
be approved by CITY prior to the commencement of work. Current
certification of insurance shall be kept on file with CITY for the contract
period and any additional length of time required thereafter. CITY
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
D. NOTICE TO COMMENCE WORK. The CITY will not issue any notice
authorizing CONSULTANT or any subcontractor to commence work
under this AGREEMENT until CONSULTANT has provided to the CITY
Clerk the proof of insurance as required.
E. DURATION OF COVERAGE. CONSULTANT shall procure and maintain
for the contract period, and any additional length of time required
thereafter, insurance against claims for injuries to persons or damages
to property, or financial loss which may arise from or in connection with
the performance of work hereunder by CONSULTANT, their agents,
representatives, employees, or subconsultants.
F. PRIMARY/NONCONTRIBUTING. Coverage provided by CONSULTANT
shall be primary and an insurance or self-insurance procured or
maintained by CITY shall not be required to contribute with it. The limits
of insurance required herein may be satisfied by a combination of primary
and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage
shall also apply on primary and non-contributory basis for the benefit of
CITY before the CITY's own insurance or self-insurance shall be called
upon to protect it as named insured.
G. CITY'S RIGHTS OF ENFORCEMENT. In the event 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'S
payments. In the alternative, CITY may cancel this agreement.
H. ACCEPTABLE INSURERS. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance or is on the List of Approved Surplus
Line Insurers in the State of California, with an assigned policyholder's
Rating of A- (or higher) and Financial Size Category Class VII (or larger)
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in accordance with the latest edition of Best' Key Rating Guide, unless
otherwise approved by the Director of Human Resources & Risk
Management.
WAIVER OF SUBROGATION. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against CITY, its elected or appointed officers, agents,
officials, employees, representatives 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.
ENFORCEMENT OF CONTRACT PROVISIONS (NON ESTOPPEL).
CONSULTANT acknowledges and agrees that any actual or alleged
failure on part of the CITY to inform CONSULTANT of non-compliance
with any requirement imposes no additional obligations on the CITY nor
does it waive any rights hereunder.
K. REQUIREMENTS NOT LIMITING. Requirements of specific coverage
features or limits contained in this section are not intended as limitation
on coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
CONSULTANT maintains higher limits than the minimums shown above,
the CITY requires and shall be entitled to coverage for the higher limits
maintained by the CONSULTANT. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall
be available to the CITY.
NOTICE OF CANCELLATION. CONSULTANT agrees to oblige its
insurance agent or broker and insurers to provide the CITY with a thirty
(30) day notice of cancellation (except for nonpayment for which a ten
(10) day notice is required) or nonrenewal of coverage for each required
coverage. If any of the CONSULTANT'S insurers are unwilling to provide
such notice, then CONSULTANT shall have the responsibility of notifying
the CITY immediately in the event of CONSULTANT'S failure to renew
any of the required insurance coverages, or insurer's cancellation or
nonrenewal.
M. ADDITIONAL INSURED STATUS. General Liability, Automobile Liability,
and umbrella/excess liability insurance policies shall provide or be
endorsed to provide that CITY and its officers, officials, employees,
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agents, representatives, and volunteers shall be additional insureds
under such policies.
N. PROHIBITION OF UNDISCLOSED COVERAGE LIMITATIONS. None
of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that
has not been first submitted to CITY and approved of in writing.
O. SEPARATION OF INSUREDS. A severability of interests provision must
apply for all additional insureds ensuring that CONSULTANT'S insurance
shall apply separately to each insured again whom claim is made or suit
is brough, except with respect to the insurer's limits of liability. The
policy(ies) shall not contain any cross -liability exclusions.
P. PASS THOUGH CLAUSE. CONSULTANT agrees to ensure that its
subconsultants, subcontractors, and any other party who is brough onto
or involved in the project/service by CONSULTANT (hereinafter
collectively "subcontractor"), provide the same minimum insurance
coverage and endorsements required of CONSULTANT. CONSULTANT
agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity
with the requirements of this section. However, in the event
CONSULTANT'S subcontractor cannot comply with this requirement,
which proof must be submitted to the CITY, CONSULTANT shall be
required to ensure that its subcontractor provide and maintain insurance
coverage and endorsements sufficient to the specific risk of exposure
involved with subcontractor's scope of work and services, with limits less
than required of the CONSULTANT, but in all other terms consistent with
the CONSULTANT's requirements under this agreement. This provision
does not relieve the CONSULTANT' of its contractual obligations under
the agreement and/or limit its liability to the amount of insurance
coverage provided by its subcontractors. This provision is intended to
solely provide CONSULTANT with the ability to utilize a subcontractor
who may be otherwise qualified to perform the work or services but may
not carry the same insurance limits as required of the CONSULTANT
under this agreement given the limited scope of work or services
provided by the subcontractor. CONSULTANT agrees that upon request,
all agreements with subcontractors, and others engaged in this project,
will be submitted to CITY for review.
Q. CITY'S RIGHT TO REVISE SPECIFICATIONS. The CITY reserves the
right to at any time during the term of the contract to change the amounts
and types of insurance required by giving the CONSULTANT ninety (90)
days advance written notice of such change. If such change results in
substantial additional cost to the CONSULTANT, the CITY and
CONSULTANT may renegotiate the CONSULTANT'S compensation.
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R. SELF -INSURED RETENTIONS. Any self -insured retentions must be
declared to and approved by CITY. CITY reserves the right to require
that self -insured retentions be eliminated, lowered, or replaced by a
deductible, or require proof of ability to pay losses and related
investigations, claim administrative, and defense expenses within the
retention through confirmation from the underwriter.
S. TIMELY NOTICE OF CLAIMS. CONSULTANT shall give CITY prompt
and timely notice of claims made or suits instituted that arise out of or
result from CONSULTANT'S performance under this agreement, and
that involve or may involve coverage under any of the required liability
policies.
T. ADDITIONAL INSURANCE. CONSULTANT shall also procure and
maintain, at this own cost and expense, any additional kinds of
insurance, which in its own judgment may be necessary for its proper
protection and prosecution of the work.
21. NON-DISCRIMINATION. CONSULTANT shall not discriminate in its recruiting,
hiring, promotion, demotion or termination practices on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, or sexual orientation in the performance of this
AGREEMENT and shall comply with the provisions of the California Fair Employment
and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California
Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-
352, and all amendments thereto; Executive Order 11246; and all administrative rules
and regulations issued pursuant to such acts and order.
22. UNAUTHORIZED ALIENS. CONSULTANT hereby promises and agrees to
comply with all of the provisions of the Federal Immigration and Nationality Act (8
USCA 1101, et seq.), as amended; and, in connection therewith, shall not employ
unauthorized aliens as defined therein. Should CONSULTANT so employ such
unauthorized aliens for the performance of work and/or services covered by this
AGREEMENT, and should the Federal Government impose sanctions against the
CITY for such use of unauthorized aliens, CONSULTANT hereby agrees to, and shall,
reimburse CITY for the cost of all such sanctions imposed, together with any and all
costs, including attorney's fees, incurred by the CITY in connection therewith.
23. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of
interest laws and regulations including, without limitation, CITY's conflict of interest
regulations.
24. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this
AGREEMENT shall not constitute the waiver of any other term, condition or covenant
hereof.
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25. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret
the provisions of this AGREEMENT, the prevailing party in such litigation shall be
entitled to an award of reasonable attorney's fees, in addition to any other relief to
which it may be entitled.
26. BINDING EFFECT. This AGREEMENT shall be binding upon the heirs,
executors, administrators, successors and assigns of the parties hereto.
27. PROVISIONS, CUMULATIVE. The provisions of this AGREEMENT are
cumulative and in addition to and not in limitation of any rights or remedies available
to CITY.
28. NO PRESUMPTION REGARDING DRAFTER. The parties acknowledge and
agree that the terms and provisions of this AGREEMENT have been negotiated and
discussed between the parties and their attorneys, and this AGREEMENT reflects their
mutual AGREEMENT regarding the same. Because of the nature of such negotiations
and discussions it would be inappropriate to deem any party to be the drafter of this
AGREEMENT; therefore, no presumption for or against validity or as to any
interpretation hereof, based upon the identity of the drafter, shall be applicable in
interpreting or enforcing this AGREEMENT.
29. ASSISTANCE OF COUNSEL. Each party to this AGREEMENT warrants to
each other party as follows:
A. That each party either had the assistance of counsel or had counsel
available to it, in the negotiation for, and execution of, this AGREEMENT,
and all related documents; and,
B. That each party has lawfully authorized the execution of this
AGREEMENT.
30. MODIFICATION. This AGREEMENT shall not be modified except by written
agreement of the parties.
31. GOVERNING LAW. This AGREEMENT shall be interpreted and construed
according to the laws of the State of California.
32. NOTICE. Whenever it shall be necessary for either party to serve notice on the
other regarding this AGREEMENT, such notice may be furnished in writing by either
party to the other and shall be served by personal service as required in judicial
proceedings or by certified mail, postage prepaid, return receipt requested, addressed
to the parties as follows:
CITY: Samuel Gutierrez
Director of Public Works
City of Rosemead
8838 E. Valley Blvd.
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Rosemead, CA 91770
Tel: 626-569-2150
Email: squtierrez(a),rose mead ca. gov
CONSULTANT: John M. Cruikshank, Inc. (JMC2)
411 N. Harbor Blvd., Suite 201
San Pedro, CA 90731
Tel: 310-241-6550
Email: icruikshank(a-imc-2.com
Notice will be deemed effective on the date personally delivered or transmitted by
facsimile. If the notice is mailed, notice will be deemed given three days after deposit
of the same in the custody of the United States Postal Service, postage prepaid, for
first class delivery, or upon delivery if using a major courier service with tracking
capabilities. Changes may be made in the names or addresses of persons to whom
notices are to be given by giving notice in the manner prescribed in this paragraph.
Changes may be made in the names or addresses of persons to whom notices are to
be given by giving notice in the manner prescribed in this paragraph.
33. FORCE MAJEURE. Neither party shall be responsible for delays or failures in
performance resulting from acts beyond the control of the offending party. Such acts
shall include, but not be limited to, acts of God, fire, flood, earthquake, or other natural
disaster, nuclear accident, explosion, war, terrorist attack, embargo, strike, lockout, riot,
freight embargo, public regulated utility, or government statutes or regulations
superimposed after the fact. Notwithstanding the foregoing, this provision shall only
have effect if written notice of the force majeure event is given by the party claiming
such excuse for delay within ten days of the commencement of such event.
34. ELECTRONIC TRANSMISSION OF AGREEMENT AND SIGNATURE. The
Parties agree that this AGREEMENT may be signed and transmitted by electronic mail
by either/any or both/all Parties, and that such signatures shall have the same force
and effect as original signatures, in accordance with California Government Code
section 16.5 and Civil Code section 1633.7.
35. RECORD AUDIT. In accordance with Government Code section 8546.7,
records of both the CITY and the CONSULTANT shall be subject to examination and
audit by the CITY for a period of three (3) years after final payment.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on its effective date by their respective officers duly authorized on their
behalf.
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CITY OF ROSEMEAD
Richard Belmudez,
Interim City Manager
ATTEST:
Date
Ericka Hernandez, City Clerk Date
APPROVED AS TO FORM:
Rachel Richman
City Attorney
Date
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CONSULTANT
John M. Cruikshank, Inc. (JMC2)
Tax Payer ID:95-4863352
Print Name: John M. Cruikshank
Title: President & CEO
'gnature
Print Name: John M. Cruikshank
Title: President & CEO
Exhibit A
Proposal
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Exhibit B
Request for Proposals
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Attachment D
Resolution No. 2026-5
RESOLUTION NO.2026-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING THE FISCAL YEAR 2026-2027
CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO RELEASE
PUBLIC FACILITIES FUNDING AND APPROPRIATE AVAILABLE
MEASURE M FUNDS AND AWARD OF DESIGN SERVICES
AGREEMENT TO JOHN M. CRUIKSHANK CONSULTANTS, INC. FOR
THE PROTECTIVE BARRIERS FOR UNATTENDED SPACES PROJECT
(CIP PROJECT NO.41013)
WHEREAS, the City Council adopted the Fiscal Year 2026-2027 Operating and Capital
Improvement Program Budgets on June 9, 2026; and
WHEREAS, amendments must periodically be made to the budget to conform to changed
circumstances following adoption of the budget; and
WHEREAS, the City previously authorized Public Facilities funds (Fund 510) in the
amount of $270,000 for the project; and
WHEREAS, the Fiscal Year 2026-2027 Budget includes carryover funding for the
Protective Barriers for Unattended Spaces Project (CIP Project No. 41013) in the amount of
$263,513; and
WHEREAS, the City desires to amend the Fiscal Year 2026-27 Budget to replace a portion
of the previously authorized Public Facilities funds (Fund 510) with Measure M funds (Fund 226)
thus requiring a revision to release $175,268 in Public Facilities funds and appropriate $175,268
in Measure M funds (Fund 226) to the project; and
WHEREAS, the proposed budget amendments will align the City's budget with available
restricted funding sources and corresponding eligible expenditures; and
WHEREAS, the revised appropriation constitutes an update to the Fiscal Year 2026-2027
Budget approved pursuant to Resolution No. 2026-31.
NOW, THEREFORE, the City Council of the City of Rosemead does hereby resolve as
follows:
SECTION 1: The City Council hereby approves the release of unexpended Public
Facilities funds (Fund 510) and a new appropriation in the amount of One Hundred Seventy -Five
Thousand Two Hundred Sixty -Eight Dollars ($175,268) in Measure M (Fund 226) funds for the
Project.
SECTION 2: The City Clerk shall certify the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED this 13th day of October, 2026.
ATTEST:
Sandra Armenta, Mayor
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution No. 2026-51 was duly adopted
by the City Council of the City of Rosemead, California, at a regular meeting thereof held on
the 13th day of October, 2026, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
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