RESOLUTION NO._______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA APPROVING THE MURAL CONCEPT DESIGNS AND INSTALLATION FOR THE PATHWAYS FOR HOPE PROJECT (CLEAN CALIFORNIA CYCLE 1 GRANT), AUTHORIZING INSTALLATION OF THE MURAL DESIGNS AT 2 LOCATIONS (TRIGGS STREET AND THE LEONIS UNDERPASS), ALLOCATING ART IN PUBLIC PLACES FUNDS TO COVER THE TOTAL PROJECT COST SHORTFALL, AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH VIVACHE, LLC FOR THE INSTALLATION OF THE MURAL DESIGNS WHEREAS, 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 is going to local communities to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to clean and enhance public spaces; and WHEREAS, 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; and WHEREAS, on March 8, 2022, staff notified the City Council that the City had been awarded $4,955,257 to fund the Pathways for Hope Project (“Project”), which included a portion of the grant funds for murals; and WHEREAS, staff solicited proposals from various mural artists which resulted in the City receiving only one proposal from Vivache, LLC including Option 1 for $934,150 for three (3) locations (Telegraph, Triggs, Leonis) and Option 2 for $569,335 for two (2) locations (Triggs and Leonis) and Option 3 for $421,015 for Triggs; and WHEREAS, the Project’s grant funds allocate $411,800 to be used for murals; and WHEREAS, the City has already acquired the intellectual property rights for the designs from Vivache, LLC as required by the Caltrans Transportation Art Program; and WHEREAS, Caltrans, which will own the intellectual property rights to the murals, has reviewed and initially informally approved the murals, staff will resume working with Caltrans to obtain final formal approval for the installation of the designs on the underpass of the freeways after final City Council approval; and WHEREAS, it is important to note that the Clean California Grant awarded the grant funds based on the three (3) specified locations, reducing the number of locations will likely require Caltrans approval through an Amendment to the Grant Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMMERCE DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
Section 1. The City Council of the City of Commerce hereby finds and declares that the foregoing recitals are true and correct and incorporates them herein as its findings.
Section 2. The City Council hereby approves the Mural Concept Designs and Installation for the Pathways for Hope Project (Clean California Cycle 1 Grant), and authorize Option 2 for mural installations at two locations only, Triggs Street and the Leonis Tunnel.
Section 3. Award a Professional Services Agreement with Vivache, LLC for the installation of the two mural locations at Triggs Street and Leonis Tunnel in an amount not-to-exceed $569,335 with up to a 10% contingency for unforeseen conditions, in a form approved by the City Attorney, and authorize the City Manager to negotiate and enter into any ancillary agreements necessary to effectuate the installation of the murals.
Section 4. Authorize Transtech Engineers, Inc. to proceed with Construction Management and Inspection Services pursuant to their existing on-call agreement for consultant services.
Section 5. Allocate Art in Public Places Funds to cover the total project cost shortfall of $277,096 for Option 2.
Section 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. This Resolution shall be effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Commerce, California this 23rd day of July 2024.
Hugo A. Argumedo, Mayor
ATTEST:
Lena Shumway, City Clerk