Commerce City Council
March 28, 2023

1 PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of March 28, 2023 by and between the City of Commerce, a municipal corporation ("City") and RJM Design Group, Inc. (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”

R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide Professional Design Services for the Pathways for Hope Commerce Connectivity Improvements Project as set forth in the Scope of Services attached hereto as Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:

1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.

2. Term of Agreement. This Agreement shall commence on March 28, 2023 (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than December 31, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

3. Compensation.

A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.

B. Total payment to Consultant pursuant to this Agreement shall not exceed $399,980.

C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; 2 (II) are accompanied by a copy of the City’s written authorization for Consultant to incur such expenses; and (III) receipts documenting such expenses.

4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control.

5. Addresses.

City of Commerce
City of Commerce
2535 Commerce Way
Commerce, CA 90040
Attn: Edgar P. Cisneros, City Manager
RJM Design Group, Inc.

RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
Attn: Larry Ryan, LLA, Principal

6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.

Exhibit A – Scope of Services and Compensation Schedule Exhibit B – General Terms and Conditions

SIGNATURES ON FOLLOWING PAGE

1 EXHIBIT A

SCOPE OF WORK
Professional Design Services for the
Pathways for Hope Commerce
Connectivity Improvements
City of Commerce
Revised
February 28, 2023
Norman P. Murray Community Center | Mission Viejo, CA (RJM Project) Cover Letter | 1
Firm Profile & Qualifications | 2
Firm Experience | 4
References | 12
Project Team | 13
Scope of Services | 19
Contract Exceptions | 24
Cost Proposal | 25
Table of Contents
City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project | 1 Cover Letter
31591 Camino Capistrano
San Juan Capistrano, CA 92675
www.RJMdesigngroup.com
(949) 493-2600 phone
(949) 493-2690 fax
February 2, 2023
Ted Villaganas
Purchasing Manager
City of Commerce
Purchasing Department
2535 Commerce Way
Commerce, CA 90040
RE: RFP to Provide Professional Design Services for the Pathways for Hope Commerce Connectivity Improvement Project
Dear Mr. Villaganas:

RJM Design Group, Inc. is pleased to submit our proposal for Professional Design Services for the Pathways for Hope Commerce Connectivity Improvements Project. The fact that the City of Commerce has procured a grant to beautify its city spaces by creating connectivity and enabling a sense of belonging amongst its residents is something we are excited to be a part of. We see enormous potential in transforming the Bandini Pedestrian Tunnel and (2) underpass areas into activated epicenters for art in Commerce — a destination for all to enjoy.

This project requires a team with extensive experience in working with diverse community members and stakeholder groups to identify a community vision for the development of the mural concepts as well as the connectivity improvements proposed for the existing park and streetscape areas. With RJM’s ongoing experience in working with the City of Commerce community on the Parks and Recreation Master plan, as well as our extensive experience with existing park upgrades, we possess the demonstrated experience, skills, and knowledge necessary to guide this project successfully.

Our Scope of Services is based upon our understanding of the project and its significance to the City of Commerce. The ability to work with a community to create public park enhancements is a gift. The opportunity to create (3) large scale murals that reflect the vision and heart of a community is a treasured opportunity that we recognize and are inspired by. In order to take full advantage of this unique opportunity and to identify the vision and theme for the development of these murals, we partnered with Vivache Designs, a cutting edge art and design firm based in Los Angeles. Vivache Designs has designed and fabricated over 100 murals/pieces of art worldwide working with real estate developers, companies, various Southern California cities (including Los Angeles, Carson, and Orange), and the community to uplift and transform spaces. Vivache believes that art and murals will create a stronger sense of continuity and community in the cleanup and improvement process.

RJM Design Group is proud to celebrate our 36th year in business. The key to our stability and success is our many clients with whom we have developed long-term relationships. We are committed to continuing our close working relationship with the City of Commerce to ensure the project development processes run smoothly and efficiently.

Thank you providing us the exciting opportunity to present our team and methodology for your consideration. We would be honored to help the City of Commerce bring this project to life. If you have any questions or comments after reviewing this proposal, please do not hesitate to contact us. This proposal is valid for 90 days. RJM Design Group acknowledges receipt of Addendum 1 dated January 26, 2023.

Sincerely,
RJM Design Group, Inc.

Larry Ryan, LLA
Principal
[email protected]
2 | City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project RJM Design Group, Inc.

California Corporation, SBE
36 Years (Since 1987)
(949) 493-2600
Larry P. Ryan — President, [email protected]
Zachary Mueting — Secretary, [email protected]
Larry P. Ryan / [email protected]
31591 Camino Capistrano, San Juan Capistrano, CA 92675
17 Personnel
(10) Licensed Landscape Architects, Project Managers
(4) Technical Support
(3) Administrative Support
(3) LEED Accredited Professionals
(2) Certified Arborists
(2) FAA Part 107 Licensed Pilots
Firm Legal Name
Type of Business
Number of Years in Business
Contact Information
List of Owners
Principal Contact
Office Location
Firm Size
Personnel
Established in 1987, RJM Design Group has evolved into a multi-disciplinary landscape architectural, planning, and design firm committed to serving the needs of cities, public agencies, and organizations throughout California. RJM is comprised of talented individuals with varied backgrounds and interests. Among these dynamic professionals are licensed landscape architects, designers, and planners, most of whom are LEED Accredited Professionals. Each person brings a unique, yet complementary experience and passion to the firm, who will be dedicated to the duration of the project as needed.

Firm Profile
RJM Office | San Juan Capistrano, CA
City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project | 3 Firm Qualifications
As a well-established design firm, RJM Design Group has maintained a financial status of strength and stability, with positive cash flow, ample financing capabilities, and long-term banking relationships. RJM Design Group, Inc. has never been involved in any bankruptcy or re-organization proceedings, and the firm is not subject to any pending litigation. RJM Design Group, Inc. is not presently debarred, suspended, or otherwise prohibited from professional practice or working with any federal, state, local or public agency, and the firm is not subject to any pending actions.

RJM Design Group has over 35 years of award-winning experience in park design and renovation. Our process, from site analysis and evaluation through to construction administration, is always executed thoroughly and thoughtfully. We strive to develop facilities that meet the needs of the community and support local organizations. RJM Design Group is well-prepared to evaluate existing site conditions, anticipate conflicts, and develop designs that successfully fuse with existing infrastructure. Our goal is to enhance recreational spaces so they can be enjoyed by your community for many years to come.

Noteworthy to our proposal, and unique when compared to other firms, is that RJM holds long term relationships with our internal staff and our subconsultants. Many of our senior staff members who pioneered the start of RJM are still with our company today. Our senior staff members come with decades of industry experience and are considered to be experts in their field of work. Similarly, we’ve established longevity with our subconsultants and have worked with many of them for over 20 years. Additionally, our team has worked closely with many municipalities, school districts, and other public organizations over the course of the last 35 years.

At RJM Design Group, we pride ourselves on projects that are delivered on-time and within budget. We produce coordinated and detail-oriented plans and specifications in order to succeed in this public bid arena.

The vast majority of our project experience is designing and building projects for the public sector. In turn, the majority of our clients are long term relationships that are the bi-product of our commitment to service and our proven record of performance. As such, we are extremely aware of the public bid process and proven methods for how to best deal with “low bid” public works contractors.

RJM Design Group is dedicated to creating spaces that are community inspired, which is why we have developed an effective and flexible public engagement strategy for our clients. We will assist the City with the development of a communications plan with easy-to-deploy tools that enable a two-way dialogue with the community. Our goal is to bring the community together by providing a comprehensive community outreach process that establishes the vision and fulfills the community’s expectations, while adhering to the project’s established budget.

At RJM, we understand the importance of creating designs that are both innovative and flexible. With trends in outdoor activities changing year over year, it is essential to incorporate flexible and multi-functional amenities into our designs. Not only does this keep a community engaged in an environment, but it also allows for easier conversion/ transformation with minimal effort by the City and/or stakeholders. Our goal is to fuse innovative design with what the public wants, ultimately creating a space that can be enjoyed for years to come.

FIRM STABILITY
PARK

EXPERIENCE

SEASONED
STAFF

BUDGET &

SCHEDULE

COMMUNITY

ENGAGEMENT

INNOVATIVE
DESIGN
4 | City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project Mission Viejo Village Center—Core Area Vision Plan
Mission Viejo, CA
Project Summary
Thanks to community input, the Mission Viejo Downtown core area will be redeveloped to include a walkable village that directly connects Mission Viejo’s Library and City Hall to Oso Creek and the Oso Creek Trail network. The property’s close proximity to Oso Creek provides a great opportunity to “Connect to the Creek”, which is one of the Core Area Vision Plan’s core guiding principles.

This vibrant paseo will introduce new outdoor lifestyle experiences in dining, retail, entertainment, as well as a space for public art and live entertainment. The Mission Viejo community believes this new paseo will become a lifestyle destination for locals and visitors with ample leisure activities.

Construction for the revitalized Mission Viejo Downtown area is set to begin in 2024.

Project Team
Principal: Larry Ryan
Project Manager: Eric Chastain
Project Experience
Completion Date: 2025
Project Size: 4.5 Acres
Design Cost: $215,000
Construction Cost: $46M
Client Reference
Keith Rattay
Assistant City Manager/
Director of Public Services
City of Mission Viejo
(949) 470-3014
[email protected]
City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project | 5 Project Summary
Artesia Boulevard is a busy four-lane east to west arterial that parallels the 91 Freeway as it traverses through a diverse mix of residential, commercial, and industrial areas in North Long Beach. The Artesia Great Boulevard Vision & Integration Plan provides design guidance for the implementation of this “Complete Street” project that includes street rehabilitation, traffic signal improvements, improved sidewalks and pedestrian crossings, designated bicycle lanes, landscape improvements and public art that will transform this vehicular corridor into a vibrant environment reflective of the local community.

Existing medians will be completely re-landscaped with water efficient plant material, rock cobble, and decorative pedestrian barriers to discourage pedestrian crossings along this busy thoroughfare. Other proposed improvements include unique art components such as neighborhood monument signs, custom bus shelters, and custom site furnishings unique to the revitalized UPTOWN district of Long Beach.

Artesia Great Blvd. Vision and Integration Plan
Long Beach, CA
Completion Date: Ongoing (TBD-2022)
Project Size: 3 Miles
Design Cost: $ 2.3M
Construction Cost: $ 17M
Client Reference
City of Long Beach
Department of Public Works
Mouhsen Habib
Sr. Project Manager
[email protected]
Project Team
Principal: Larry Ryan
Project Manager: Larry Mouri
Project Experience
6 | City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project Project Summary
The Oso Creek Trail represents the pro-active efforts of the community and the City to develop a backbone city trail system. Located in a natural riparian open space corridor bordered by urban development, the Oso Creek trail enables the community to enjoy a treasured natural resource that courses through a highly urbanized setting. The Oso Creek Trail and the development of the trail system has allowed many users to become exposed to the wonderful plant and animal life that exists along the trail and to experience the local ecosystem at work. The trail was created using both riparian and drought tolerant plant material that is sustained with minimal irrigation.

The trail has been developed with numerous amenities and features that serve to educate and honor the community. These features include the Peace Obelisk to honor victims of 9/11, the mosaic history walls in the Character Garden, the vibrantly painted butterflies, the Celebration Garden, the Wave Wall and the community murals. The Oso Creek Trail is a walking garden where the spirit of the community is alive and where people gather for a common cause — to make a difference.

Oso Creek Trail and Trailhead
Mission Viejo, CA
Project Timeline: 2004-2010
Project Size: 6 Miles
Client Reference
Keith Rattay
Assistant City Manager/
Director of Public Services
City of Mission Viejo
[email protected]
(949) 470-3014
Project Team
Principal: Larry P. Ryan
Project Manager: 000
Project Experience
City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project | 7 Project Team
Principal: Larry Ryan
Project Manager: Eric Chastain
Project Summary
The Oso Creek Trailhead Garden is an excellent example of the City of Mission Viejo’s successful community participation program called Tierra Nativa, “Celebration of the Native Land.” The Oso Creek Trailhead serves as a gateway to the six-mile bike/walk Oso Creek Trail along a natural riparian open space corridor, bordered by urban development. Constructed during Tierra Nativa 2004 by hundreds of community volunteers, the Oso Creek Trailhead Garden’s mosaic tile walls and character stones tell stories of Mission Viejo’s past and present. The colorful pictorial panels of the tile walls depict important events in the history of Mission Viejo. The Character Garden features twelve stepping stones, with one of twelve character traits etched into each stone.

The interpretive water garden, built of mosaic tiles by community volunteers is a tool to educate the public in the role all citizens play in environmental stewardship. The gravel pave parking area and use of drought tolerant plant materials represent the early use of “green” design practices of permeable paving and water conservation.

Oso Creek Trailhead Garden
Mission Viejo, CA
Project Completion: 2004
Project Size: 6 Acres
Design Cost: $ 220,000
Construction Cost: $ 1 Million
Client Reference
Keith Rattay
City of Mission Viejo
(949) 470-3014
[email protected]
Project Experience
8 | City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project

LA RIVER
GOLDEN AVE.

MAINE AVE.

DEFOREST AVE.

LOMA VISTA DR.

W. 7th ST.

W. 12th ST.ANAHEIM ST.

W. 5th ST.W. 6th ST.

OCEAN BLVD.BROADWAY
W. 3rd ST.

SHOEMAKER BRI
Long Beach Integration Plan
Long Beach, CA
Completion Date: June 2014 Client Reference
Kekoa Anderson
Koa Consulting
(949) 887-0731
[email protected] Project Summary
The concept of the master plan is the contrast between historic Long Beach and the new progressive movement of the City, i.e. Willmore Neighborhood and Downtown; Shoemaker Bridge Re-Use and the new iconic Shoemaker City Gateway Bridge. The master plan creates a network of bike and pedestrian trails that provide connectivity between the open space, L.A. River Trail, and links to the downtown and adjacent neighborhoods. The character images illustrate possible ideas that are compatible with the surrounding neighborhood character; create a unique and attractive destination; provide recreation opportunities; create a sense of pride and image for the International City and the most “Bike Friendly City”. Elements in the plan area:

A. Boardwalk/Promenade
B. Stormwater Runoff/Recycling Facility
C. Cesar E. Chavez Park
D. Bio Retention Basin
E. Community Gardens
F. Drake/Chavez Soccer Fields
G. Nature Center
H. Drake Park
Project Team
Principal: Larry Ryan
Project Manager: Larry Mouri
Project Experience
City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project | 9 Project Summary
The Norman P. Murray Community and Senior Center enjoys a reputation as an active intergenerational center. With its new 13,500 square foot addition, including a cultural and performing arts building, the center is buzzing with activities for all.

Surrounded by beautiful Oso Viejo Park, the facility offers grand terraces, pedestrian bridges and walkways, shade structures, creek overlooks, picnic areas, garden seating areas, tot lot area, Veterans Plaza, and pedestrian trail linkages to Oso Creek Trail.

The Village Green is a dual-purpose area with two soccer fields that can also be used as an area for large community events. A dry creek bed acts as a bioswale to cleanse run-off water from the parking lot and Village Green.

Norman P. Murray Community & Senior Center
Mission Viejo, CA
Completion Date: 2008
Project Size: 20 acres
Design Cost: $253,400
Construction Cost: $7.5 million
Client Reference
Keith Rattay
Assistant City Manager/Director of Public
Services
City of Mission Viejo
(949) 470-3014
Project Team
Principal: Larry Ryan
Project Manager: Eric Chastain
Project Experience
10 | City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project Project Summary
RJM Design Group assisted the City of Ontario with the community outreach required for the Grant Application in which the City of Ontario was awarded $3M in Statewide Park Development and Community Revitalization Program to create a new Civic Center Conservation Park. The Conservation Park is located in the Civic Center adjacent to the newly renovated City Hall which received LEED Platinum Certification. The park will provide a public space where the multi-cultural and multi-generational community can gather to engage in the opportunities for social, cultural, and environmental educational activities and programs.

The facilities and potential programming that will be experienced at the Civic Center Community Conservation Garden are as follows:
• Outdoor Classroom Amphitheater will be used for both educational programming and small cultural performance. Seating includes tile art that was created by children from a local school. • Storm Water Collection and Water Wise Garden will focus on water conservation programs information and help the community understand the importance of water and the various ways that water conservation techniques can be implemented in the typical home garden landscape.
• Vegetative Swale provides a demonstration on how to capture and treat storm water run-off to improve water quality. • California Native Garden will provide a wide selection of native plant material suggested for residential application, which can be beautiful and require very little water.
• Interactive Kids Play Elements will provide creative examples of alternative energy methods to help reduce our dependence on our natural resources.
• Moon and Constellation Benches, Interactive Sun Dial, Kinetic Wind Sculpture, and Aqueduct Agriculture Trough are public art elements that will provide interpretation of the sun and wind, as well as water conservation information. Historical background about the regions early settlers, such as the “Colony Lands and the Chaffey Brothers” are included on signage panels.

Conservation Park
Ontario, CA
Year Delivered: 2015
Project Size: 1.15 Acres
Design cost: $376,000
Construction cost: $2M
Client Reference
Roberto Perez - Retired
Philip Marino
Planning Department
phone (909) 395-2036
email: [email protected]
Project Team
Principal: Larry Ryan
Project Manager: Larry Mouri
Project Experience
City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project | 11 Project Summary
The proposed landscape improvements at Santa Ana Canyon Road are intended to enhance the site specific and regional character of the project area. Extensive on-site inventory of existing conditions and close coordination with the City’s Public Works Dept. has been provided to achieve a design which recognizes and responds to:
• Existing drainage patterns and topography
• Existing trees and landscape context within and adjacent to the project area • Existing ‘off-site’ improvements (HOA walls, project signage, monumentation, trees, etc) The landscape palette for the project area has provided for:
• Trees which provide infill plantings to the existing regional Eucalyptus trees. • Understory trees have been proposed to complement these existing Eucalyptus plantings and improve the scale and character of the project area. These understory trees (Agonis and Geijera) provide for evergreen, medium sized canopy trees which are consistent with the existing and proposed rural character of the project and the surrounding area.
• Accent plantings of Quercus agrifolia have been provided at select locations to provide for native feature specimen tree plantings.

The overall effect of the proposed plantings is to provide appropriately scaled plantings to enhance and contribute to the quality of life within the area.

Santa Ana Canyon Road Landscape & Irrigation
Improvements
Anaheim, CA
Project Team
Project Manager: Eric Chastain
Principal: Larry R. Ryan
Project Completion: 2010
Project Size: 1 mile
Client Reference
Karl Francis
City of Anaheim
(714) 765-5175
Project Experience
12 | City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project RJM Design Group, Inc. offers its clients personalized service that is delivered on time and within budget. The principals of RJM maintain personal involvement in all aspects of the project.

Our success is based on our ability to perform, meeting the needs of the client and the project.

Please feel free to contact all our references as we are sure they will share their success stories of projects we have helped them accomplish.

Eric Lopez
Public Works Director

CITY OF LONG BEACH
333 W. Ocean Blvd
Long Beach, CA 90802
(562) 570-6256 | [email protected]
Years RJM has worked with contact: 25
Services Provided:

Plan Check, On-Call
Landscape Architecture
Services, Conceptual Design,
Design Development,
Construction Documents,
Construction Administration
References
Keith Rattay
Assistant City Manager, Director of Public
Services

CITY OF MISSION VIEJO
200 Civic Center
Mission Viejo, CA 92691
(949) 470-3018 | [email protected]
Years RJM has worked with contact: 30
Services Provided:

Plan Check, On-Call
Landscape Architecture
Services, Conceptual Design,
Design Development,
Construction Documents,
Construction Administration
Chris Slama
Director of Community & Library Services

CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
(949) 536-5495 | [email protected]
Years RJM has worked with contact: 12
Services Provided:

Plan Check, On-Call
Landscape Architecture
Services, Conceptual Design,
Design Development,
Construction Documents,
Construction Administration
Grissel Chavez
Director of Public Works

CITY OF BELL GARDENS
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7770 | [email protected]
Years RJM has worked with contact: 10
Services Provided:

Landscape Architecture
Services, Conceptual Design,
Design Development,
Construction Documents,
Construction Administration
Jennifer Taylor
Senior Project Manager

RANCHO MISSION VIEJO
28811 Ortega Highway
San Juan Capistrano, CA 92693
(949) 240-3363 | [email protected]
Years RJM has worked with contact: 8
Services Provided:

Landscape Architecture
Services, Conceptual Design,
Design Development,
Construction Documents,
Construction Administration
Project Team
City of
Commerce
Larry Ryan
Principal
RJM Design Group
Craig Sensenbach
Project Landscape
Architect
RJM Design Group
Tom Carcelli
Civil Engineer
civTEC
Michael Romero
Muralist / Artist
Vivache Designs
Chris Curry
Irrigation Design
Glasir Design
Bill Zavrsnick
Electrical Engineer
FBA Engineering
Kekoa Anderson
Engineering
KOA Consulting
Tyler Page
Landscape Architect
RJM Design Group
14 | City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project Larry P. Ryan PLA, ASLA
Principal-in-Charge
RJM Design Group, Inc.

Larry Ryan’s passion for creating meaningful public spaces for people to enjoy led him to co-found RJM Design Group over 34 years ago. The long-term relationships that he develops and maintains with clients, spans decades. He has worked with numerous communities throughout California and Nevada, where his project involvement encompasses all phases of development for our municipal clients.

Licenses
• Landscape Architect / CA 2502 / AZ 25241 / NV 366 / OR 1072 / ID 16919 Education
• Bachelor of Science, Landscape Architecture, California Polytechnic State University, Pomona Parks
• Alicia Park, Mission Viejo, CA
• Aurora Park, Mission Viejo, CA
• Bonita Creek Park Renovation, Newport Beach, CA
• Cedar Grove Park, Tustin, CA
• Cesar E. Chavez Park, Long Beach, CA
• Citrus Ranch Park, Tustin, CA
• College Park, Oxnard, CA
• Florence Joyner Olympiad Park, Mission Viejo, CA
• Grant Howald Park, Newport Beach, CA
• Heritage Park, Tustin, CA
• Long Beach Integration Plan, Long Beach, CA
• Mariners Park Renovation, Newport Beach, CA
• Ontario Town Square, Ontario, CA
• Portola Park, Lake Forest, CA
• Veterans Memorial Park, Carlsbad, CA
Streetscapes
• Alicia Parkway Widening, Mission Viejo, CA
• Archibald Avenue Streetscape Master Plan,
Rancho Cucamonga, CA
• Artesia Grand Blvd. Vision and Integration Plan, Long Beach, CA
• Chapman Avenue, Stanton, CA
• Cloverfield Boulevard, Santa Monica, CA
• Convention Way, Anaheim, CA
• Day Creek Boulevard Master Plan,
Rancho Cucamonga, CA
• Del Prado Streetscape, Dana Point, CA
• Disney Way Streetscape, Anaheim, CA
• Harbor Boulevard (Orangewood & Katella Avenue,
Anaheim, CA
• Harbor Boulevard Streetscape, Anaheim, CA
• I-15 Corridor Master Plan, Rancho Cucamonga, CA
• I-15 Corridor Master Plan, Temecula, CA
• Intersection Enhancement, Garden Grove, CA
• Lake Elsinore Freeway Corridor Study, Lake Elsinore, CA • Lakeside Promenade, Mission Viejo, CA
• La Paz Roadway, Mission Viejo, CA
• Lincoln Ave Corridor Improvement Project,
Anaheim, CA
• Long Beach Boulevard, Metro Blue Line,
Long Beach, CA
• Long Beach First Street Pedestrian Gallery, Long Beach, CA
• Long Beach Round-a-Bout, Long Beach, CA
• Marguerite Parkway, Mission Viejo, CA
• Metro Blue Line, Long Beach, CA
• Rockfield Streetscape Improvements, Lake Forest, CA
• Santa Ana Canyon Road Landscape and Irrigation
Improvements, Anaheim, CA
• State College Boulevard Master Plan, Anaheim, CA
• Stonehill Median Improvements, Dana Point, CA
Trails
• Bommer Canyon Trailhead, Irvine, CA
• Esencia Multi-Modal Trail, Rancho Mission Viejo, CA
• Gypsum Canyon Trailhead Studies, Anaheim, CA
• Lake Forest Nature Trail, Lake Forest, CA
• Long Beach Integration Plan, Long Beach, CA
• Oso Creek Trail and Trailhead, Mission Viejo, CA
• The Colonies at San Antonio Open Space and Trails,
Upland, CA
• Venta Spur Trail, Irvine, CA
• Victoria Planned Community Trail Network, Rancho
Cucamonga, CA
• West Coyote Hills Trails, Yorba Linda, CA
Project Team (continued)
City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project | 15 Project Team (continued)
Craig Sensenbach PLA, LEED AP (BD+C), ISA
Principal Project Manager
RJM Design Group, Inc.

Craig Sensenbach joined RJM Design Group, Inc. as a Project Manager in the Fall of 1993. As Project Landscape Architect, his responsibilities include both planning and landscape architecture ranging from conceptual planning studies through schematic design, preliminary graphics, design development, production scheduling, preparation of construction documents, client/consultant coordination and on-site observation.

Licenses
• Landscape Architect / CA 2547
• LEED Accredited Professional
• International Society of Arboriculture (ISA) Certified Arborist / WE-11716A Education
• Bachelor of Science, Landscape Architecture, California Polytechnic State University, San Luis Obispo, CA • Graphic Design, Laguna College of Art & Design, Laguna Beach, CA • Light Construction & Development Management, University of California, Irvine Extension Program, Irvine, CA Professional Affiliations
• California Parks and Recreation Society
Parks
• Bonita Creek Park Renovation, Newport Beach, CA
• Chino Hills Community Park, Chino Hills, CA
• College Park, Oxnard, CA
• Colonel Bill Barber Marine Corps Memorial Park, Irvine, CA • Grant Howald Park, Newport Beach, CA
• Mariners Park Renovation, Newport Beach, CA
• Orange Coast College Baseball Field Renovation,
Costa Mesa, CA
Sports Facilities
• Arroyo Park Synthetic Turf Replacement Project, Newport Beach, CA
• Chino Hills Community Park, Chino Hills, CA
• Col. Bill Barber Marine Corps Memorial Park, Irvine, CA • College Park, Oxnard, CA
• De Anza Soccer Field Synthetic Turf Replacement,
Ontario, CA
• Esencia Sports Park, Rancho Mission Viejo, CA
• LA Chargers Practice Facility, Costa Mesa, CA
• Lake Forest Sports Park, Lake Forest, CA
• Ontario Soccer complex, Ontario, CA
• Orange Coast College Baseball Field Renovation,
Costa Mesa, CA
• Pamplico Park, Santa Clarita, CA
• Patricia H. Birdsall Sports Park, Temecula, CA
• Santa Clarita Sports Park, Santa Clarita, CA
• Santa Monica Civic Multi-Purpose Sports Field,
Santa Monica, CA
Trails
• Crystal Cove State Beach Trail, Newport Beach, CA
• One Arroyo Trails Demonstartion Project, Pasadena, CA • West Coyote Hills Trail, Fullerton, CA
Streetscapes
• Anaheim Resort Area, Anaheim, CA
• Brookhurst Street Improvements, Anaheim, CA
• Chapman Avenue, Stanton, CA
• Cloverfield Blvd., Santa Monica, CA
• Community Identity Plan, Chino Hills, CA
• Lemon Street Landscape Enhancement, Fullerton, CA
• Lincoln Avenue Beautification, Anaheim, CA
• Orangethorpe Avenue Landscape Renovation,
Fullerton, CA
• Santa Ana Canyon Road, Anaheim, CA
• State College Blvd. Master Plan, Anaheim, CA
16 | City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project Tyler Page, LLA
Landscape Architect
RJM Design Group, Inc.

Tyler Page has been with
RJM Design Group since
2018. He is a licensed
landscape architect with a
background in landscape
design, construction
document production,
and 2D/3D graphics
preparation. Tyler leads the GIS department for
RJM Design Group and specializes in ArcGIS Pro
mapping, Survey 123 survey development, and
Business Analyst. Our goal is to provide agencies
(public or private) a robust way to understand
the needs/desires of the community and enable
convenient ways for those community members to
participate.

Licenses
• Landscape Architect / CA 6648
Education
• Bachelor of Science, Landscape Architecture, California Polytechnic State University, Pomona - Magna Cum Laude
• Ornamental Horticulture, Saddleback College, Mission
Viejo - Dean’s List
Parks
• Crawford Canyon Park, North Tustin, CA
• Drake Chavez Park Access Stairs, Long Beach, CA
• Ford Park Playground, Bell Gardens, CA
• Grant Howald Park, Newport Beach, CA
• Jesse Owens Community Park Playground Replacement,
Los Angeles County, CA
• La Novia Park Improvements, San Juan Capistrano, CA
• North Park, Inglewood, CA
• Peace Park, Long Beach, CA
• TeWinkle Park Improvements, Costa Mesa, CA
Streetscapes
• Gateway Park Improvements, Newport Beach, CA
• Metro Blue Line Improvements, Long Beach, CA
• Long Beach Round-a-Bout, Long Beach, CA
• Artesia Great Boulevard Vision & Integration Plan, Long Beach, CA
• Shoreline Drive Replacement Project, Long Beach, CA
• I-15/SR-79 Temecula Parkway Interchange, Temecula, CA • Alicia Barcelona Walls, Mission Viejo, CA
Urban Design
• Downtown First Street Pedestrian Gallery, Long Beach, CA
• Village Center North Paseo, Mission Viejo, CA
Project Team (continued)
Tom Carcelli,
civTEC
Civil Engineer
Tom Carcelli has over 25 years of experience in the civil engineering field with particular emphasis on parks and recreation, commercial/industrial, education and public works projects. His extensive design and management experience in all phases of civil engineering for land development projects throughout Southern California includes grading, water quality, hydrology, hydraulics, storm drain, water/sewer, survey/ mapping and street design. Tom has been in charge as a
project manager on over 100 projects from master planning to construction with RJM Design Group over the past 20 years.

Education
• BS, Civil Engineering, University of California, Irvine, 1988
• Masters in Architecture, California State Polytechnic University, Pomona, 1994
Licenses
• Registered Civil Engineer/CA #81640
• Qualified SWPPP Developer (QSD) — C-81640
Relevant Project Experience
• Anthony Munoz Community Center, Ontario, CA
• Bommer Canyon Community Park, Irvine, CA
• Cherry Park, Lake Forest, CA
• Cordova Park, Mission Viejo, CA
• Dali Dog Park, Rowland Heights, CA
• Esencia Sports Park, Rancho Mission Viejo, CA
• Ford Park Aquatics Facility, Bell Gardens, CA
• Gardena Community Aquatics & Senior Center,
Gardena, CA
• Grant Howald Park, Newport Beach, CA
• JAPRD Community Recreation Center, Riverside, CA
• Joe Balderrama Park, Oceanside, CA
• Lake Mission Viejo Improvements, Mission Viejo, CA
• Los Serranos Park, Chino Hills, CA
• Marguerite Aquatics Complex, Mission Viejo, CA
• Murdy Park, Huntington Beach, CA
• Orange Coast College Baseball Field Renovation, Costa Mesa, CA
• Peace Park Playground, Long Beach, CA
• Portola Park, Lake Forest, CA
• Rancho Cucamonga Central Park Master Plan Update,
Rancho Cucamonga, CA
• Santa Ana Civic Center Plaza Improvements, Santa
Ana, CA
• Santa Monica Civic Multi-Purpose Sports Field, Santa
Monica, CA
• Yorba Linda Adventure Play, Yorba Linda, CA
City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project | 17 William Zavrsnick
FBA Engineering
Electrical Engineer
William Zavrsnick has 30 years of experience and has
been active in the electrical engineering field since joining FBA in 1985. His experience includes the electrical design of Public Works, Parks and Recreation Facilities. He is particularly experienced in the design and development of electrical power distribution, general, specialized and event power systems, outdoor, security and sports field lighting systems, lighting photometric studies, phased construction projects and familiar with public bid type projects and construction.

Education
• BS Civil Engineering/Mount Hood College, Oregon
Certifications
• LEED Accredited Professional — LEED AP
• Illuminating Engineering Society — IES
• Institute of Electrical and Electronic Engineers –
IEEE American Institute of Architects — AIA
• Electrical Engineering — Los Angeles County
Relevant Project Experience
• Bommer Canyon Community Park, Irvine, CA
• City Park Improvements, Lake Elsinore, CA
• Civic Lot Multi-Purpose Sports Field,
Santa Monica, CA
• El Dorado Park & Nature Center, Long Beach, CA
• Esencia Sports Park, Rancho Mission Viejo, CA
• Ford Park Aquatics Facility, Bell Gardens, CA
• Gardena Community Aquatics & Senior Center, Gardena,
CA
• Hero’s Park, Lake Forest, CA
• Joe Balderrama Park, Oceanside, CA
• Kraemer Memorial Park, Placentia, CA
• Laguna Hills City Parks, Laguna Hills, CA
• Lake Forest Neighborhood Parks, Lake Forest, CA
• La Placita Parkette, Placentia, CA
• Los Amigos Park, Santa Monica, CA
• Los Serranos Park, Chino Hills, CA
• Marchant Park, San Dimas, CA
• McFadden Park, Placentia, CA
• Murdy Park, Huntington Beach, CA
• Portola Park, Lake Forest, CA
• Portola Springs Park, Irvine, CA
Chris Curry
Glasir Design
Irrigation Design
Chris Curry is an irrigation sub-consultant who
understands the Model Water Efficiency Landscape
Ordinance to determine the water use for a project
and in-turn design the irrigation system to meet the
requirements of the Ordinance. He is familiar with new
water savings technology to meet the allowable water
use requirements. Glasir Design will ensure the project shows the planting hydro zones to be compatible with
the irrigation design. For the past 10 years Chris has
prepared irrigation plans for RJM park projects. Chris has over 19 years’ experience in irrigation design, landscape architecture, and landscape construction. His focus is
on the efficient use of water in the landscape. He has
been rewarded for his efforts by being chosen by the
United States Environmental Protection Agency as the
WaterSense Irrigation Partner of the year for 2011.

Education
• B.S. Landscape Irrigation Science / California
Polytechnic University, Pomona, CA
Relevant Project Experience
• Admiral Kidd and Seaside Park Field Renovations, Long Beach, CA
• Bonita Creek Field Renovation, Newport Beach, CA
• Central Park Master Plan Revision, Rancho Cucamonga,
CA
• Central Park Tennis Complex, Santa Clarita, CA
• Drake Soccer Field, Long Beach, CA
• Fillmore Aquatics & Tennis Complex, Fillmore, CA
• Ford Park Aquatic Center, Bell Gardens, CA
• Gardena Community Aquatics & Senior Center,
Gardena, CA
• Grand Avenue Park, Chino Hills, CA
• Grant Howald Park, Newport Beach, CA
• Lake Forest Sports Park, Lake Forest, CA
• Los Amigos Park, Rancho Cucamonga, CA
• North Beach Improvements, Lake Mission Viejo
Association, CA
• Portola Park & Dog Park, Lake Forest, CA
• Redhawk (Dog) Park Improvements, Temecula, CA
• Santa Clarita Sports Complex & Aquatic Center, Santa
Clarita, CA
• Santa Monica Civic Center Sports Fields, Santa Monica, CA
• Worthy Park Renovation, Huntington Beach, CA
• Yorba Linda Adventure Play, Yorba Linda, CA

GLASIR DESIGN
Project Team (continued)
18 | City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project Project Team (continued)
Michael Che Romero
Vivache Designs
Chief Creative Officer / Muralist
Michael has a diverse background in
Professional Football, Art, Business and
Leadership. He is an industrious Artist,
Leader and Creative and is passionate about helping
businesses, people and communities find solutions
through the creative process. He continues to strive
for perfection in his art and designs, while providing
everyone of his clients with the best customer
experience, meeting and or exceeding all of his clients' goals and expectations.

Michael attended Eastern Washington University &
Central Washington University while being a full scholar athlete football player, earning a BA in General Art with a minor in business.

Education
• B.A. General Art, Eastern Washington University &
Central Washington University
Project Experience
• Kids Town Mural, Corona, CA
• Haven City Market Mural, Rancho Cucamonga
• Highway Mural Gallery, Orange, CA
• Noble Ale Works Brewery Mural, Anaheim, CA
• Knott's Berry Farm Vintage Mural, Buena Park, CA
• Hermosa Beach Murals Project Mural #8, Hermosa
Beach, CA
• Thrive Market Office Murals, Los Angeles, CA
• LADF Station #34 Community Service Mural Project, Los Angeles, CA
• The Mei Mei Lou Building - Public Art Landmark, Los Angeles, CA
https://vivachedesigns.com
Kekoa Anderson, PE
KOA Consulting
Professional Engineer
Education
• B.S., Civil Engineering, UCI, 1989
• B.A., Art Studio, UCI, 1989
• Project Management (PMI), UCI, 2002
• Geometric Design Program, UC Berkeley, 1991
• Bicycle & Pedestrian Design Program, UC Berkeley,
2000
Professional Registrations
• Registered Civil Engineer: CA License No. 53893, AZ
License No. 49677
• Qualified Storm Water Pollution Prevention Plan
Developer (QSD), CA License No. 53893
• State Water Board’s Storm Water Monitoring &
Reporting System (SMARTS)
Project Experience
• Artesia Boulevard Complete Street Master Plan,
Various Cities in Los Angeles County, CA. Manager
of a study for the evaluation of complete street
elements that would assist in creating a more
attractive, liveable, and pedestrian and bicycle
friendly corridor that operates effectively and
efficiently for all modes of transportation along
Artesia Blvd, extending through Cities of Compton,
Long Beach, Cerritos, Artesia, and Bellflower.
• Shoemaker Bridge Replacement and Shoreline Drive
Realignment Projects, Long Beach, CA. Program
Manager for the preliminary engineering, design for
alternatives analysis, technical studies required to
develop a Project Report, Environmental Document,
and final design for the realignment of Shoreline Drive and replacement of the Shoemaker Bridge and create
the vision for an improved park and open space for
West Long Beach.
• Lakewood/Rosemead Boulevard Complete Street
Master Plan, Various Cities in Los Angeles, County,
CA. Manager for the development of a master
plan for Lakewood/Rosemead Boulevard to create
a unified, subregional multi modal transportation
corridor strategy that could be used for funding
by the Cities of Pico Rivera, Downey, Bellflower,
Paramount, Lakewood, Long Beach.
• Gateway Cities Council of Governments Project
Management, Various Cities in Los Angeles County,
CA. Program Manager responsible for preliminary
engineering, environmental documents, technical
studies and Final Design for the Gateway Cities
Measure R program, while maintaining the goal of
improving the surrounding Corridors by promoting a
balanced, comprehensive multimodal transportation
system in an effort to enhance sustainability of the
communities it serves and address local and regional
transportation needs and issues. • Anaheim Complete Streets, City of Long Beach, CA. Project Manager for the conceptual planning of making Anaheim Street a complete street with integrating the proposed I 710 corridor and active
transportation connections to the LA River Trail. Tasks include coordination with the City Engineer, I 710
corridor design team, Gehry Partners for the LA River
Revitalization, and preparation of conceptual plan
exhibits.

City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project | 19 Scope of Services
TASK 1: PRELIMINARY INVESTIGATION/DESIGN
A. Review documentation provided by the City of Commerce pertaining to this project, including available Grant submittal applications, park area title reports, and as-built plans of existing wet and dry infrastructure. In general, we anticipate the following resources will be furnished by the TCA:

1. As-built information of existing facilities/utilities/infrastructure

2. Recent Title Report (identifies property lines, easements, etc.)

3. Any other studies previously completed.

4. Previous design/art/mural work approved by the City
B. One (1) meeting with staff to review the project scope/schedule, available documents, and any previously prepared studies.

C. Prepare aerial mapping and topographic base map preparation (park sites and parkway improvement area) with 1’ contours and above ground appurtenances including fencing, walls, edge of pavement, light/utility poles, and tree trunk locations. (Necessary in order to locate proposed walkway connections and minimize disruption/damage to existing tree trunks.) D. Conduct visual analysis of existing conditions for the proposed improvements, existing site drainage, physical limitations, external influences, access, adjacent property relationships and advise the City regarding what additional data might be necessary.

E. Discuss with staff potential themes or inspirations for consideration by the mural artist.

Discuss what Community outreach techniques (Live workshops, Website, virtual with Community stakeholders, etc.) might be most beneficial to obtain Community input on mural themes/inspiration. Discuss the City’s desire/preferences on the mural installation process.

Thus, conducting at least (2) two focus groups with both city/park officials as well as the community to better understand the design direction will be important.

MEETINGS: Kick-off meeting with key players to obtain documentation and establish project schedule. Site investigation of existing conditions. Mural discussion on theme and Community outreach strategy.

PRODUCTS: Preliminary schedule, digital base sheets City input regarding Community outreach preferences, potential themes for murals, and mural installation process.

TASK 2: EVALUATION OF EXISTING CONDITIONS
Our next task will be to physically review, analyze, and document all existing site assets and deficiencies. The analysis of the site and surrounding relationships shall also be reviewed with regards to the potential importance of phasing for initial and future construction.

A. Prepare digital base map utilizing newly acquired digital topographic base information and approved 24” x 36” sheet format from the City.

B. Review existing site utilities and include their known locations onto the project base sheet. This proposal anticipates that existing utilities and their locations are available on the various sites.

If this information is not available we have included the service to perform the “Due Diligence” research for utility compilation under supplemental conditions.

C. Evaluate existing site conditions noting areas to receive improved walkway/linkage connections, existing surface drainage patterns that may be interrupted by additional walkway, existing walkway lighting techniques.
20 | City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project D. Meet with City staff to present analysis findings and discuss and confirm specifics with desired improvements and diagram improvements on the newly developed base sheets.

1. Extended/new walkway connections

2. New ADA access at Bandini Tunnel area, decorative paving areas

3. Confirm limits/scope to the desire to rehabilitate landscape in the Bandini neighborhood.

4. Improved landscape treatments along Bandini Elementary School

5. Exterior walking path at Bristow Park

6. Replacement of existing concrete with porous concrete or DG, and new meandering path location.

7. Any Community input received on mural concepts.

MEETINGS: (1) One staff meeting to present and discuss findings PRODUCTS: Base map at appropriate scale for site studies; site analysis map and diagram of desired improvements to confirm scope.

TASK 3: CONCEPTUAL DESIGN
A. Based on previous meeting with staff prepare preliminary conceptual plan on project area base maps that illustrates the desired improvements outlined in the RFP.

B. Prepare photo board that contains pictures of representative design ideas, materials, treatments.

C. Prepare photo board indicating potential mural concepts and images.

D. Meet with City staff for review of conceptual plan and mural concepts.

E. Based on City input and consultation, conduct public outreach meeting with Community to share and discuss mural inspiration and development.

F. Refine conceptual plans per City comments and direction.

G. Prepare preliminary cost estimates for proposed improvements.

H. Meet with City to review refined conceptual plans and mural concepts, and preliminary cost estimates.

I. Based on City comments on the refined conceptual plans prepare digital presentation materials for use during Commission/Council hearings.

J. Submit presentation materials to City for use at the public hearings K. Prepare for and attend (1) public meeting
MEETINGS: Two (2) Staff meetings to present and discuss conceptual plan One (1) Public meetings with commission/Council
PRODUCTS: Conceptual mural plans, Conceptual connectivity plans, refined Conceptual mural plans, and refined Conceptual connectivity plans Scope of Services (continued)
City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project | 21 TASK 4: DESIGN DEVELOPMENT (35% CD’s)
The design development phase of our services shall include the preparation of refined plans and cost estimates based upon the approved Concept Plan reviewed and approved by the City. The plans are to be prepared in further detail in order to fix and describe the scope and character of the entire Project, including artist, landscape architectural, civil, structural, electrical systems, and materials. Consideration shall be given to availability of creating a vibrant environment for community and park users, selection of durable materials, sustainable design principles, and maintenance requirements. Final selection of materials, textures, and colors shall occur at this stage.

A. Prepare final designs and plans relative to: mural components, enhanced connectivity/walkway improvements, signage, structural, electrical, civil, and diagrammatic plan indicating existing irrigation system modifications for the proposed project improvements.

B. Prepare preliminary utility exhibits including storm drainage, water, electrical, utilities, site access studies and utility coordination.

C. Prepare preliminary demolition plans that identifies limits of demolition to existing concrete areas, walkways, and parkway landscaping.

D. Prepare preliminary estimates of probable construction costs.

E. Provide sample image boards for materials color and finish.

F. Attend two (2) review meetings with staff to review final design features, materials, colors, etc. prior to initiating final construction drawings.

G. Prepare for and attend Committee/Council meetings to present and discuss Design Development package.

MEETINGS: Committee/Council meetings (Anticipate 1 meeting) City staff meetings (Anticipate 2 meetings)
PRODUCTS: Refined mural plans that depict the desired theme, concept, colors, etc., refined connectivity enhancement plans, refined cost analysis, and electrical systems, color palettes and materials board, outline specifications of dominant materials and cost estimate.

TASK 5: CONSTRUCTION DOCUMENT DEVELOPMENT (65%-100%/Final Plans) The final Construction Document Phase of the project consists of the preparation of the construction documents to include final drawings, specifications, calculations, and final opinion of probable cost. Plans are prepared for one phase of construction.

Our proposal includes complete landscape, architectural and engineering services required to execute the project. Specifically, we have included the following disciplines.

A. Landscape Architectural/Site Development

1. Landscape Construction

2. Landscape Planting Plan

3. Landscape Irrigation Plan

4. Landscape Details/Specifications

5. Statement of Probable Construction Costs
Scope of Services (continued)
22 | City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project B. Civil Engineering

1. Demolition Plan

2. Title Sheet/Details/Quantities

3. Precise Grading Plan
C. Electrical Engineering

1. Electrical Power Plans

2. Lighting Plans

3. Panel Schedules, Notes and Details

4. Title 24 energy calculations
D. Irrigation Design (Trim/modify existing systems to accommodate new walkway connections)

1. Concept plan with hatch areas defining irrigation area types

2. Irrigation POC, equipment list

3. Irrigation plan, notes, legend, installation details

4. Controller run charts, specifications and cost estimate During this phase, the Contract Documents are prepared setting forth in detail the requirements for the construction of the project. General conditions, instructions to bidders, and all special requirements will be provided by the City, and when combined with the various trade specifications, a complete project manual will be produced. Construction drawings will be submitted at 65%, and 90%, complete for review, revised and submitted again at 100% complete construction drawings for City review and approval.

At each step of construction drawing submittal, a revised cost estimate will also be submitted.

Upon approval of construction drawings, the consultant will provide the City with digital files of the approved construction drawings.

Note: Specifications shall be book format Special Provisions as part of the drawings for the materials connected with this project. Instructions to bidders, general conditions etc. will be part of the specifications provided by the City. Incorporation of City specification requirements shall be included within this format.

MEETINGS: 3 Construction Document Review Meetings
PRODUCTS: Construction Plans, Specifications
TASK 6: BIDDING AND CONSTRUCTION OBSERVATION
A. Bidding Procedures
RJM shall assist the City with the Bidding Phase of the project. Questions, clarifications, or conflicts arising out of the bidding process will be resolved by addenda prepared by the Consultant. Addenda to the contract for construction shall be prepared in writing to document any clarification or modification made to the contract documents.

Scope of Services (continued)
City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project | 23 Scope of Services (continued)
B. Construction Observation

1. Submittal and Shop Drawing Review
The Consultant shall review all required shop drawings and related submittals as required by the contract documents.

2. Record Drawings
Consultant will review contractor submitted Record Drawings for contract conformance and completeness based upon field observations made during the construction observation/administration task and the original contract documents. Consultant shall not be held responsible for inaccuracies of the contractor provided record drawings. Any site visits required to verify information contained on the contractor’s as-built drawings will be provided on an hourly basis.
24 | City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project Contract Exceptions
RJM DESIGN GROUP, INC. has established a reputation of integrity and professionalism within our industry. Our due diligence in performing client services begins with our proposal preparation, contract review and negotiation, and carries through to project completion.

We have reviewed the Professional Services Agreement for the Pathways for Hope - Commerce Connectivity Improvements Project with the City of Commerce. As part of this review, we identify items which may not conform to the terms of our insurance coverage and/or to California Civil Code section 2782.8 which regulates contracts between public agencies and design professionals. Upon selection for this project, we would like to discuss the following requested changes pertaining to the Professional Services Agreement. All suggested additions and/or deletions to the contract language are in blue.

CONSULTANT shall perform all work to the highest professional standards…

…have no liability to Consultant or any other person for, and pursuant to California Civil Code Section 2782.8, Consultant….

…other loss occurring as a result of or allegedly cause by Consultant’s negligent performance of or failure to perform any services under this Agreement or by the negligent or willful wrongful acts…

…giving City thirty (30) days’ prior written notice thereof, or ten (10) days’ notice if due to non-payment of premium. Any such thirty (30) day notice…

…cancel or reduce or otherwise modify said insurance coverage.

…this Agreement. Endorsements shall be executed on City’s appropriate…

(line 6):
…of the Consultant. However, any use, re-use, or modification of said documents for any purpose other than that intended by this Agreement, shall be at City’s sole risk.

With respect…

…result of the recommendations made by Consultant. Consultant’s covenants….

City of Commerce
Pathways for Hope - Commerce Connectivity Improvement Project CivTec FBA Glasir KOA
Consulting
Vivache
Designs
Aerial Base
Map
Electrical
Engineer
Irrigation
Design Civil Engineer Muralist
Hourly Rate
Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Fees Fees Fees Fees Fees A. Documentation review 2 $420 2 $380 4 $620 $0 $0 $2,300 $600 $1,000 $2,720 B. Meeting with City staff 3 $630 3 $570 2 $310 $0 2 $190 $800 C. Aerial mapping & topographic base map 1 $210 2 $380 $0 $0 $0 $58,950 D. Visual analysis of existing conditions 4 $840 4 $760 $0 $0 2 $190 $1,800 $3,000 $2,500 E. Discuss/review mural themes, outreach 4 $840 4 $760 4 $620 $0 2 $190 $2,500 TASK 1 - SUBTOTALS 14 $2,940 15 $2,850 10 $1,550 0 $0 6 $570 $61,250 $600 $2,800 $6,520 $5,000 TASK 1 - TOTAL FEES $84,080
A. Digital base map $0 $0 $0 $0 $0 $2,650
B. Review existing site utilities 2 $420 2 $380 $0 $0 $0 $1,000 $1,700 C. Evaluate existing site conditions 2 $420 3 $570 3 $465 $0 $0 $1,870 $8,200 $1,000 D. Meeting with City staff 3 $630 3 $570 $0 $0 $0 $800 $1,000 TASK 2 - SUBTOTALS 7 $1,470 8 $1,520 3 $465 0 $0 0 $0 $0 $1,000 $1,870 $13,350 $2,000 TASK 2 - TOTAL FEES $21,675
A. Preliminary conceptual plan 4 $840 24 $4,560 40 $6,200 20 $2,800 $0 $3,500 $1,000 $10,000 B. Photo board - design ideas 6 $1,260 8 $1,520 20 $3,100 40 $5,600 $0 $500 $200 C. Photo board - mural concepts 2 $420 4 $760 4 $620 12 $1,680 $0 $8,500 D. Meeting with City staff 4 $840 4 $760 4 $620 $0 4 $380 $800 $2,000 E. Mural inspiration workshop 8 $1,680 10 $1,900 10 $1,550 $9,000 F. Refine conceptual plans 4 $840 12 $2,280 18 $2,790 30 $4,200 $0 $0 $1,000 $5,500 G. Preliminary cost estimates 4 $840 16 $3,040 24 $3,720 40 $5,600 $0 $600 $1,000 H. Meeting with City staff 4 $840 4 $760 4 $620 $0 $0 $1,000 I. Digital presentation materials 8 $1,680 4 $760 12 $1,860 40 $5,600 $0 J. Submit presentation materials to City 1 $210 1 $190 $0 $0 $0 K. Prepare for and attend 1 public meetings 7 $1,470 7 $1,330 $0 $0 4 $380 $2,000 TASK 3 - SUBTOTALS 52 $10,920 94 $17,860 136 $21,080 182 $25,480 8 $760 $0 $1,100 $3,500 $3,000 $39,000 TASK 3 - TOTAL FEES $122,700
A. Final designs & plans 4 $840 16 $3,040 32 $4,960 45 $6,300 $0 $2,000 $9,500 $3,500 B. Preliminary utility exhibits 2 $420 4 $760 4 $620 $0 $0 $1,000 $4,000 C. Preliminary demolition plans $0 2 $380 4 $620 $0 $0 $2,000 D. Prelim. estimates of probable construction costs 4 $840 8 $1,520 12 $1,860 24 $3,360 $0 $800 $1,500 $1,500 E. Sample image boards 2 $420 4 $760 8 $1,240 12 $1,680 $0 F. Attend 2 review meetings 8 $1,680 8 $1,520 $0 $0 $0 $800 G. Prepare for and attend Committee/Council meeting 6 $1,260 6 $1,140 $0 $0 $0 TASK 4 - SUBTOTALS 26 $5,460 48 $9,120 60 $9,300 81 $11,340 0 $0 $0 $3,800 $11,000 $11,800 $0 TASK 4 - TOTAL FEES $61,820
A. Landscape architecture / site development 4 $840 36 $6,840 55 $8,525 75 $10,500 6 $570 B. Civil engineering $0 $0 $0 $0 $0 $18,240
C. Electrical engineering $0 $0 $0 $0 $0 $10,000
D. Irrigaiton design $0 4 $760 6 $930 $0 $0 $20,400
TASK 5 - SUBTOTALS 4 $840 40 $7,600 61 $9,455 75 $10,500 6 $570 $0 $10,000 $20,400 $18,240 $0 TASK 5 - TOTAL FEES $77,605
A. Bidding procedures 4 $840 6 $1,140 $0 $0 $0 $1,700
B. Construction observation:

B.1. Submittal & shop drawing review 4 $840 20 $3,800 30 $4,650 $0 $0 $1,700 $2,000 $2,530 B2 Project close out B.2. Record drawings 1 $210 2 $380 2 $310 $0 $0 $2,000 TASK 6 - SUBTOTALS 9 $1,890 28 $5,320 32 $4,960 0 $0 0 $0 $0 $1,700 $5,700 $2,530 $0 TASK 6 - TOTAL FEES $22,100
COMBINED PHASE FEE TOTAL $61,250 $18,200 $45,270 $55,440 $46,000 $389,980 $28,965
TASK 5 - CONSTRUCTION DOCUMENT DEVELOPMENT
TASK 6 - BIDDING and CONSTRUCTION OBSERVATION
$12,170 $9,930
Job Captain Admin.
$10,000
$399,980
$389,980
The above hourly fee breakdown consists of ESTIMATES ONLY. Billings will be based on actual time and materials of each phase.

Reimbursable Allowance

FEE GRAND TOTAL

BASE FEE TOTAL
$163,820
TASK 1 - PROJECT FAMILIARIZATION
$76,170
$26,600
TASK 3 - CONCEPTUAL DESIGN
$76,100 $46,600
$48,640
Task Description
TASK 2 - EVALUATION OF EXISTING CONDITIONS
$3,455 $18,220
TASK 4 - DESIGN DEVELOPMENT
$35,220
$190 $155

PHASE FEE
TOTALS

SUB-CONSULTANTS
Principal-In-Charge Principal Landscape
Architect Landscape Architect

LEAD CONSULTANT
RJM Design Group
$210 $140 $95
$7,910
City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project | 25 It is the objective of our Design Team to provide the most comprehensive, yet efficient, approach to the Pathways for Hope Commerce Connectivity Improvements Project. This fee includes all costs to be incurred by RJM Design Group, Inc. and an allowance for reimbursable expenses. *Note: This fee summary represents our current understanding of the project scope and complexity associated with an estimated overall budget of $4.5 million.

REIMBURSABLE EXPENSES (Estimated Allowance $10,000)
When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above professional services fee:
• Printing, plotting, copying, scanning, photography, graphic expenses • Delivery, shipping, and handling of documents
• Permits, plan check, and inspection fees
• City business license
• Agronomic soils testing

PAYMENTS
Payments are due and payable on a monthly basis following the completion of any substantial phase of work. Carrying charges for overdue accounts beyond 30 days of billing date are charged at 1½% of the amount due, compounded monthly.

INTELLECTUAL PROPERTY
The unique nature of this project, involving an artist and their creation of Intellectual Property, warrants a discussion regarding the ownership of the Intellectual Property. Per the City's contract, ownership of Intellectual Property will be granted to the City. If awarded this contract and the City wants to obtain ownership of the Vivache Design concepts and artwork, it will require an $80K fee in addition to the fees listed above . As submitted with this proposal, Vivache Designs shall maintain sole ownership of all created artwork for the murals.

ADDITIONAL SERVICES
Professional services not specifically identified in the scope of work will be considered additional services and may be performed at Client’s request, reimbursable at Consultant’s standard hourly rates. Additional services may include, but are not limited to:
• Additional meetings, presentations, or site visits beyond those identified in the scope of work. • Exhibit preparation beyond that identified in the scope of work. • Preparation for and attendance at additional public meetings/presentations $1,000 per mtg. • Design of improvements beyond the designated project site areas, off site improvements, Off site Hydrology Study, or City desired phasing of improvements.

PHASE / TASK FEE
Task I — Project Familiarization $84,080
Task II — Evaluation of Existing Conditions $21,675
Task III — Conceptual Design $122,700
Task IV — Design Development $61,820
Task V — Construction Document Development $77,605
Task VI — Bidding & Construction Observation $22,100
TOTAL FOR ALL PHASES $389,980
Reimbursable Expenses (Estimated Allowance) $10,000
Total*: $399,980
Cost Proposal
26 | City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project • Creation of a marketing video that captures the development, evolution, and installation of the mural elements ($23,000)
• Expansion of lighting improvements to include mural areas (underpass areas and Bandini Tunnel) TBD

COMMUNITY ENGAGEMENT
Based on the unique aspects of this project and the beneficial influence on the community, a thoughtful community outreach process is recommended. Below are some techniques that our firm has used to provide information and solicit input in a very effective manner. We would welcome the opportunity to discuss a full range of outreach techniques and select the most beneficial strategy for the City of Commerce.
• Custom Project Website (Bilingual) $10,000
• Online Feedback Survey (Bilingual) $6,000
• Online Mural Inspiration Survey (Bilingual) $6,000
• Social Media Branding Kit (Bilingual) $4,000
(for Commerce sphere of influence)
CONSULTANTS’ HOURLY RATES
Compensation for additional services will be billed hourly at our standard rates* below:

RJM DESIGN GROUP, INC.

Principal Landscape Architect $190-$210 per hour
Associate Landscape Architect $170-$180 per hour
Landscape Architect $155-$165 per hour
Job Captain / Landscape Designer $140-$150 per hour
CADD Technician / Graphics $120-$130 per hour
Clerical $95 per hour

VIVACHE DESIGNS (ARTIST / MURALIST)
Consulting Services $250 per hour

KOA CONSULTING (ENGINEERING)
Project Manager $220-$250 per hour
Project Engineer $190-$215 per hour
Environmental Planner $180-$200 per hour
Design Engineer $180-$200 per hour
Support Staff / Administrative Staf $80-$85 per hour

CIVTEC (CIVIL ENGINEERING/SURVEY)
Principal $185 per hour
Project Manager $150 per hour
Project Engineer $125 per hour
Project Surveyor $120 per hour
Design Engineer $100 per hour
Draftperson $75 per hour
Project Assistant $60 per hour
2-Man Survey Crew $265 per hour
3-Man Survey Crew $345 per hour
Cost Proposal (continued)
City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project | 27

GLASIR (IRRIGATION)
On-Site Consulting $135 per hour
Irrigation Designer $110 per hour
Plan Check $110 per hour

FBA ENGINEERING (ELECTRICAL ENGINEERING)
Principal / Project Director $210 per hour
V.P. / Senior Associate $160 per hour
Associate / Project Manager $160 per hour
Construction Support $135 per hour
Electrical Designer $110 per hour
CAD / BIM Designer $90 per hour
Technical Typist $50 per hour
Cost Proposal (continued)
Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed above.

Hourly rates will be escalated each August 1st in accordance with any increase in the Consumer Price Index or other mutually agreed upon cost index, beginning with August 1, 2024. Provisions for fee escalation pertain to all contract extensions and additional work.

Thank you for the opportunity to submit this proposal.
*Charges for subconsultant services are billed at cost plus a 15% coordination fee. 28 | City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project Cost Proposal (continued)
City of Commerce • Pathways for Hope Commerce Connectivity Improvements Project | 29 RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
[email protected]
www.RJMdesigngroup.com
[949] 493-2690 fax
[949] 493-2600 phone
1 EXHIBIT B

GENERAL TERMS AND CONDITIONS

1. Status as Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Commerce or otherwise act on behalf of Commerce as an agent.

Neither the City of Commerce nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement.

Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Commerce.

B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of a wholly independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.

C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.

D. Consultant represents to the City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Affordable Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, including Consultant’s failure to comply with Consultant’s duties, obligations, and responsibilities under the Affordable Care Act.

Consultant further agrees to defend, indemnify, and hold the City harmless for any and 2 all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.

2. Standard of Performance
Consultant shall perform all work to professional standards customary to the industry and in a manner reasonably satisfactory to the City Manager or his/her designee.

No additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.

3. Indemnification.

A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.

B. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and any and all of its elected and appointed boards, officials, officers, agents, employees and volunteers (“Indemnities”) from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), to the extent they arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant , its agents, officers, directors, subcontractor, sub consultant or employees, committed in performing any of the services under this Agreement. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator.

C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.

4. Insurance.

A. Without limiting Consultant’s indemnification of Indemnities pursuant to 3 Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability 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. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage 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, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses; (IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount 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 (3) years after completion of the services required by this Agreement.

B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.

C. 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 policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

D. All insurance policies shall provide that the insurance coverage shall not be 4 non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof or ten (10) days’ notice if due to non-payment of premium. Any such notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Management,” City of Commerce, 2535 Commerce Way, Commerce, California, 90040. Consultant agrees that it will not cancel or reduce or otherwise modify said insurance coverage in a manner inconsistent with the requirements contained herein.

E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on appropriate standard forms entitled "Additional Insured Endorsement".

F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.

G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.

5. Release of Information/Confidentiality.

A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. Consultant’s covenant under this section shall survive the termination of this Agreement.

B. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, 5 subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response

6. Ownership of Work Product.

A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. However, any use, re-use, or modification of said documents for any purpose other than that intended by this Agreement, shall be at City’s sole risk. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

7. Conflict of Interest.

A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.

Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. 6 B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant. Consultant’s covenants under this section shall survive the termination of this Agreement.

8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serving upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).

Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination.

Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.

In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.

9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.

Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.

10. Non-Discrimination and Equal Employment Opportunity.

A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
7 B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.

12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.

13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

14. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.

15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

16. Attorney's Fees. In the event that either party to this Agreement shall commence 8 any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.

17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.

18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non-binding arbitration.

19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

20. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.

21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.

22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” 9 herein means an event which is beyond the reasonable control of a Party, including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.

Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.