CITY OF COMMERCE
AGENDA REPORT
TO: Honorable City Council
FROM: City Manager
SUBJECT: Amendment to Professional Services Agreement with RJM Design Group, Inc. for the Design Services for the Pathways for Hope Commerce Connectivity Improvement Project MEETING DATE: July 25, 2023
RECOMMENDATION:
The City Council will consider adopting a Resolution approving Amendment No. 1 to Professional Services Agreement with RJM Design Group, Inc. for design services for the Pathways for Hope Commerce Connectivity Improvement Project and allocation of $80,000 (which are reimbursable) in approved Measure AA funds allocated for the project design phase to cover Amendment No. 1.
BACKGROUND:
The California Department of Transportation (Caltrans) developed the Clean California Local Grant Program (CCLGP) as part of a two-year program through which approximately $296 million in funds will be provided to local communities with the intent of beautifying and improving local streets and roads, tribal lands, parks, pathways, and transit centers and to overall enhance public spaces. Through the combination of adding beautification measures and art in public spaces along with the removal of litter and debris, this effort will enhance communities and improve spaces for walking and recreation.
On March 8, 2022, staff notified City Council that the City had been awarded a CCLGP Grant in the amount of $4,955,257 to fund the Pathways for Hope Commerce Connectivity Improvements Project. The project will cover different locations within the City that will include soft landscape replacement (plants, etc.), upgrade Right-of-Way fencing from chain link fence to black wrought iron fencing, murals on State assets (i.e., columns, abutment walls, etc.), upgrading the Bandini tunnel to include improved lighting, improved walkway with artwork, and concrete slope paving.
The following are the CCLGP funded project locations with the proposed improvements:
Bandini Park
Install up lighting at Park entrance
Improvements to Walking Path to include bollard lighting Continuation of the Walking Path
Bandini Pedestrian Tunnel
Replace chain link fence with architectural fencing
Replace guard rail with decorative bollards; ensure ADA access “Bandini" header on tunnel
Use decorative paving on cul-de-sac bulb and sidewalk
Add signage
Bandini Neighborhood Improvements
Rehabilitate landscaping
Remove litter
Add epoxy paint/sealant to curbs to freshen up
Add Bandini neighborhood signage to fence
Bandini Elementary Parkway
Improve parkway with drought tolerant and low maintenance landscaping Bristow Park
Install up lighting at Park entrance
Improvements to Walking Path to include bollard lighting Creation of exterior walking path
Rosewood Park
Improvements to Walking Path to include bollard lighting Replace existing concrete with porous concrete or Decomposed Granite (DG) and install a meandering path Murals/Artwork and Clean Up
Sidewalk Rehabilitation
Provide concepts for mural paintings at the Bandini Pedestrian Tunnel located on Leonis St at I-710, Telegraph Rd at I-710 underpass, and Triggs St at I-710 underpass On January 11, 2023, staff requested proposals for professional services for the Pathways for Hope Commerce Connectivity Improvement Project with a due date of February 2, 2023 and on March 28, 2023 the City Council awarded the Project to RJM Design Group, Inc. for $399,980.
ANALYSIS:
The project design among other elements includes murals at above listed locations on Caltrans properties. Included in RJM Design Group, Inc.’s proposal (and incorporated into the Agreement with City) is an option for the City to acquire intellectual property rights over the mural designs for $80,000, which does not include the actual costs of painting and installation. As a requirement of the CCLGP funded project, the City will be required to procure and assign certain intellectual property licenses to Caltrans for the use of the mural in various promotional activities, depending on the location of the mural. Murals that are located on Caltrans assets must meet the requirements of the Caltrans Transportation Art program which requires a higher level of intellectual property rights assigned to Caltrans. By purchasing the intellectual property rights of the design, the City can avoid any issues in the future that might arise if the mural is ever demolished or relocated as mural artists retain certain rights under the Visual Arts Rights Act under federal law and the California Art Preservation Act and acquire the rights necessary to provide Caltrans with the licenses required by the CCLGP.
As such, staff recommends adoption of the attached Resolution which in summary approves Amendment No. 1 to the Agreement with RJM Design Group, Inc, authorizes City Manager to execute Amendment No. 1 and allocates reimbursable funds in the amount of $80,000 from the approved and budgeted Measure AA funds allocated for the design phase to acquire the necessary intellectual property rights over the murals. Staff will need to return to Council for execution of a Maintenance Agreement with Caltrans once the projects are completed. The City would also retain its intellectual property rights for maintenance of the artwork and the ability to promote it.
ALTERNATIVES:
Approve staff recommendation
Disapprove staff recommendation
Provide further direction to staff
FISCAL IMPACT:
The total cost of the RJM contract including Amendment No 1 will be $479,980 which will be covered from CCLGP State Grant of $4,955,257.00 based on reimbursement. Approved and budgeted Measure AA funds in the amount of $1,372,866 are available in account number 41-5180-57010.50009 to cover the design phase of the project costs including RJM contract, Amendment No 1 and project management by Transtech. This project is 100% reimbursable by the Clean California Local Grant Program awarded by Caltrans.
RELATIONSHIP TO STRATEGIC GOALS:
This agenda item relates to the 2016 Strategic Plan, Community Quality of Life Guiding Principle 4:
Support and evaluate community services, programs and events that promote healthy and quality lifestyles for our residents. Enhance public safety and social services through innovative programs that meet the needs of the residential and business communities.
Recommended by: Gina Nila, Department of Public Works
Reviewed by: Vilko Domic, Assistant City Manager
Approved as to form by: Noel Tapia, City Attorney
Respectfully submitted: Edgar P. Cisneros, City Manager ATTACHMENTS:
Resolution
Amendment No.1