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Attachment 1-Contract Amendment YBR Clean Green Beauty.pdf

Richmond City Council
April 18, 2023

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Attachment 1-Contract Amendment YBR Clean Green Beauty.pdf
Meeting
April 18, 2023
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Richmond City Council
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Text extracted from the city's file for reading and search. Open the original on pub-richmond.escribemeetings.com. That file is the official record.

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

P.R. No: Vendor No: P.O./Contract No:

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties . The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Emai l:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]

2. Purpose
. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions . The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

Public Works Jene Levine Snipes
[email protected] (510) 307-8132
8786 5845
Public Outreach and Construction for the Yellow Brick Road: Clean Green and Beautiful grant ✔
1 POGO Park
2604 Roosevelt Ave,
Point Richmond, CA 94801
Toody Maher
(510) 215-5500 [email protected]
40046304 July 16, 2022
✔
November 17, 2021
November 30, 2021 December 31, 2025
1,257,950.00
Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions . This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained . Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Signatures . These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and
the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

POGO Park
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 3 (Payment Limit) of the Original Contract is here by amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed $ including expenses." “The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

2. The Service Plan (Exhibit A) of the Original Contract is he reby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
POGO Park
1 5845
1,466,069.00
2,724,019.00

YELLOW BRICK ROAD
®
Clean, Green, and Beautiful

YELLOW BRICK ROAD
®

FEE PROPOSAL
Toody Maher
Executive Director
POGO PARK
[email protected]
510-215-5500
January 18, 2023

1 CALTRANS CLEAN CALIFORNIA GRANT
Yellow Brick Road®: Clean, Green, and Beautiful

FEE PROPOSAL
YELLOW BRICK ROAD®

REQUEST OF THIS PROPOSAL
To amend Pogo Park’s current sole source contract with the City of Richmond for the YELLOW BRICK ROAD PROJECT - Contract # 5845 to include specific deliverables of the Caltrans Clean California Yellow Brick Road: Clean, Green and Beautiful (CGB) project grant. The specific deliverables for the CGB grant for Yellow Brick Road® are listed below and in the Scope of Work on pages 9-11.

GRANT DELIVERABLES
● Lighting, landscaping, and public art for existing traffic calming circles (2) ● Entry markers (5)
● Pedestal Route Markers with sculpture (18)
● Decorative treatment on raised intersections and bricks stenciled on sidewalk along the YBR route (12)
● Signage (route, caution, historical) (103)
● Dog Waste Stations (5)
● Multi-Stream Waste Receptacles (14)
● Benches (4)

PROJECT BACKGROUND
In 2022, Pogo Park partnered with the City of Richmond to secure a highly competitive, $5 million “Clean California” Local Grant from Caltrans for the project: Yellow Brick Road®: Clean, Green, and Beautiful.

Caltrans’ Clean California grant has four primary goals:

1. Reduce the amount of waste and debris within public spaces;

2. Beautify and improve public spaces and mitigate the urban heat island effect;

3. Enhance public health, cultural connections, and community placemaking by improving public spaces for walking and recreation;

4. Advance equity for underserved communities.

Richmond’s $5 million Yellow Brick Road®: Clean, Green, and Beautiful (CGB) grant supports the cost of two specific activities:

ACTIVITY #1: To design, build, and install site amenities and public art in two public spaces in Richmond’s Iron Triangle neighborhood:

● Harbour-8 Park (Pogo Park #2): a city park, adopted by Pogo Park, and located on a two- block section of the Richmond Greenway between Harbour Way and 8th Street.

2 ● Yellow Brick Road®: a one-mile, 27-block, bike and walking path, adopted by Pogo Park, that runs through the heart of the Iron Triangle neighborhood. (The project site for the CGB grant represents only a portion of the YBR route as follows: on 8th Street from Pennsylvania to Ohio; and on Pennsylvania from 7th to 9th Streets).

ACTIVITY #2: To organize and lead community events that educate community residents about how to properly dispose of waste (landfill, recycling, and compost). All community education events will all be held at Elm Playlot (Pogo Park #1), a .5 acre city park, adopted by Pogo Park, in the Iron Triangle neighborhood located on the corner of Elm Avenue and 8th Street.

Please note: this document contains the fee proposal and deliverables (see pages 9-11) for the Yellow Brick Road (YBR) portion of the Caltrans Clean California grant.

ORGANIZATIONAL HISTORY
Who We Are: Founded in 2007, Pogo Park is an entrepreneurial 501(c)3 community development nonprofit working in one of Richmond’s most historic and critically underserved neighborhoods:

Iron Triangle.

Our Mission: To transform lives by transforming public spaces.

Our Work & Process: For the past 16 years, Pogo Park has organized and led a holistic, “Build from the Inside/Out”, community development project in the Iron Triangle.

Rather than putting a public works project out to bid and hiring professionals from outside the community to design and build parks and streetscapes “for” the people, Pogo Park hires, trains, and empowers community residents – those who know their neighborhood best – to play a leading role in the entire process to reimagine and rebuild these public spaces themselves.

After our parks (and now streets!) are rebuilt, members of Pogo Park’s Community Development Team (CDT) care for, watch over, manage, and bring public spaces in the Iron Triangle to life.

Members of Pogo Park’s CDT, all local residents, are diverse in age, race, and gender. Many CDT members have worked together for 15 years transforming city parks. While working together to reimagine and rebuild city parks and streets, members of Pogo Park’s CDT work at a local job in their own neighborhood, earn a living wage, and acquire transferable work skills.

Pogo Park’s overarching goal is to use the parks we transform into safe, green, beautiful public spaces that provide local children with high-quality, enriched programs that spark and foster their healthy development.

Today, Pogo Park has three neighborhood transformation projects in Richmond’s Iron Triangle:
1) Elm Playlot (Pogo Park #1), a .5-acre pocket park in the very heart of the neighborhood, the model for our work;
2) Harbour-8 Park (Pogo Park #2), a 2-acre park located on a 2-block section of the Richmond Greenway. Harbour-8 Park is under construction now.
3 3) Yellow Brick Road® (YBR), a safe biking and walking route that runs 27 blocks though the Iron Triangle and connects important community assets including churches, schools, medical services, transportation, shopping, cultural centers – as well as our two Pogo Parks.

HISTORY OF POGO PARK’S PARTNERSHIP WITH THE CITY OF RICHMOND A successful, 16-year, public / private partnership that has generated $50 million in investment into the Iron Triangle neighborhood, created over 100 living-wage jobs, and provided 60,000 hours of hands-on training for community residents.

SUCCESSFUL HISTORY OF DESIGN/BUILD PROJECTS: For the past 16 years, Pogo Park and the City of Richmond have successfully collaborated on multiple large park and streetscape redevelopment projects in the Iron Triangle that include: the renovation of Elm Playlot; Harbour-8 Park; and Yellow Brick Road®.

PARTNERING TO RAISE FUNDS FROM GOVERNMENT GRANTS AND PHILANTHROPY: To raise the funds required to plan, design, and build these projects, Pogo Park identifies, prepares, and submits grant proposals, mainly to government sources, on behalf of the City of Richmond. As a 501(c)3 nonprofit, Pogo Park also raises additional funds for Pogo Park / City of Richmond’s neighborhood transformation projects from philanthropic grants and donations.

To date, Pogo Park has raised $50 million in total investment for Richmond’s Iron Triangle neighborhood: $40 million from public funds and $10 million from philanthropy. (see chart below)

GRANT FUNDS FLOW INTO THE COMMUNITY: Pogo Park and the City of Richmond have developed a unique partnership for government grant-funded projects: Pogo Park prepares government grant applications on behalf of the City and, when applicable, the City then enters into “sole source” design-build contracts with Pogo Park to implement part of the work.

Sole source contracts enable Pogo Park to:1) direct grant funds down, into the community, to hire, train, and empower residents to design and build parks and streets in their own community; 2) award contracts and procure materials locally, from Richmond businesses, so that grant funds are reinvested and recycled back into the local community; and 3) leverage the City’s sole source contract to attract additional philanthropic support from foundations and donors.

DEEPER, AUTHENTIC COMMUNITY ENGAGEMENT: Pogo Park’s partnership with the City has resulted in a deeper connection between community residents and city of Richmond staff. For over a decade, Pogo Park created a space and process for local residents to have a voice, a “say so”, in decisions that affect how their community is designed and built. The City of Richmond and Pogo Park’s partnership has been so successful that the California Parks Department named it as a model for how cities can deeply and authentically engage the local community in the transformation of their own neighborhood.

ACTUALIZING HEALTH IN ALL POLICIES ORDINANCE: Pogo Park’s on-the-ground work actualizes the City of Richmond’s 2014 Health in All Policies (HiAP) ordinance. Richmond’s HiAP, the first of its kind among California cities, mandates that when city staff make decisions, they do so through the lens of community health and equity. Pogo Park’s projects actualize the vision 4 mandated in Richmond’s HiAP – and is a model that can be replicated in other neighborhoods across Richmond and beyond.

5 PROJECT APPROACH
Over the past decade, Pogo Park has learned how public works projects work, learned how they are administered, and built successful collaborative relationships with a myriad of professional consultants and with key people in every major City department. With this experience, Pogo Park is now fully prepared to assume responsibility to lead, drive, and manage the Caltrans-funded Yellow Brick Road® Clean, Green, and Beautiful (CGB) project for the YBR deliverables.

Pogo Park will be the prime vendor for the CGB Project and, as such, will organize, manage, and lead all aspects of the Project, including consultant work. Pogo Park, together with our partners and consultant team (see details below), will provide planning, engineering, community outreach, project management and construction to:
● Develop and refine the conceptual designs for grant deliverables: custom benches, dog waste stations, multi-stream waste receptacles, signage, sidewalk stencils, intersection murals, entry markers, route markers, and traffic calming sculptures ● Secure requisite approvals from Agencies having Jurisdictions over the project including City of Richmond Planning Commission, Design Review Board, Arts & Culture Commission, Recreation and Park Commission, and Building Department ● Prepare shop drawings for the Yellow Brick Road® deliverables ● Construct and install the deliverables listed in the grant application for the Yellow Brick Road® CBG project
● Plan, organize and implement waste reduction education at public events

PROJECT TEAM
Pogo Park has assembled an experienced team of professional consultants to work on CGB.

Each and every consultant understands and supports Pogo Park's unique “Build from the Inside/Out” process.

Moreover, Pogo Park has decade-long partnerships with two Iron Triangle businesses: Lawrence Construction Inc. (LCI) and Scientific Art Studio (SAS). Both LCI and SAS will provide Pogo Park’s CDT with a supportive, sheltered environment to enable and empower the CDT to plan, design, build, and install the deliverables for the Yellow Brick Road® Clean, Green, and Beautiful grant.

LAWRENCE CONSTRUCTION INC. – General Contractor
Lawrence Construction Inc. will be the CGB project’s general contractor. With 50 years’ building experience, LCI will provide installation and oversight for the CGB Yellow Brick Road® construction activities, as needed. All work will be performed according to applicable codes and the building permits. Whenever feasible, LCI will bring in the Pogo Park CDT to assist with construction.

SCIENTIFIC ART STUDIO – Custom Design, Fabrication, and Installation Scientific Art Studio (SAS) will join the construction effort to work closely with LCI and Pogo Park's CDT to fabricate the Project’s custom site elements and public art, such as: benches; entry 6 markers; and intersection murals. Under the supervision of SAS, Pogo Park’s CDT will fabricate as much of the custom CGB elements as possible. SAS will report to LCI to ensure that all safety and accessibility requirements are met and that the custom elements are fabricated and installed within the overall project budget and schedule.

CSW | ST2 – Civil Engineer
CSW | ST2 will be the consultant responsible for all civil engineering construction support on the project. CSW | ST2 is led by President and Owner, Robert Stevens, who has significant experience with projects in Richmond and years of experience working with Pogo Park, LCI, and SAS.

TIPPING ENGINEERING (TSE) – Structural Engineer
As needed, TSE will work closely with the other consultants and provide structural review for the custom amenities that are part of this Project.

LANDSCAPE ARCHITECT
Pogo Park has a landscape architect on staff who is experienced in the design and construction of city parks and urban streetscapes. The landscape architect will coordinate and/or prepare any necessary drawings and will function as the project manager for the consultant team.

SBCA TREE SERVICE and BIG CHIEF TREE SERVICE – Arborists SBCA will develop a tree protection plan during the construction phase, as needed. Big Chief Tree Service will assist with procuring and planting trees in two traffic circles.

7 SCOPE OF WORK

EXECUTIVE SUMMARY

TASK 1: GENERAL CONDITIONS
Pogo Park will organize, lead, and manage the contracted CGB deliverables that will be installed along the Yellow Brick Road (YBR) route, including all work performed by subconsultants and the construction contractor. Project management includes overseeing internal project administration, managing subconsultant contracts for timely invoicing and payment as well as management of subconsultant work for timely work performance. Pogo Park will also communicate with the City, City’s representative and key stakeholders about project schedule and attend all project-related meetings.

TASK 2: DESIGN DEVELOPMENT
In this task, Pogo Park’s Community Development Team (CDT), in partnership with design consultants CSW/ST2, LCI and SAS, will further develop the concepts for the CBG site amenities and public art deliverables that were submitted in Caltrans’ Clean California Local Grant Program application.

Using Pogo Park’s Design-Build approach, the CDT will create prototypes of the project site furnishings and public art elements, develop shop drawings, and field test them. The design and location of site elements will be prepared based on a site survey and AutoCAD Base Plans.

Design development shop drawings will be prepared as an interim coordination set for the design team and will be finalized in the Construction Drawings.

TASK 3: CONSTRUCTION DRAWINGS
Pogo Park will revise the shop drawings for fabrication and installation. These shop drawings will be sufficient for review by the project engineers, approval by the City, and by general contractor LCI for final construction.

TASK 4: CONSTRUCTION COST PRICING
Pogo Park will work with the project partners and consultant team to develop construction pricing for the Project. A construction opinion of probable cost will be submitted to the City for review and approval.

TASK 5: PERMITS
Pogo Park will work with the City staff to ensure that the YBR shop drawings meet all applicable laws, codes, rules, and regulations of all jurisdictions having authority over the Project. The YBR site furnishings and public art installations will be submitted to the City for a building permit.

TASK 6: GENERAL CONDITIONS
Task 6 includes all construction activities specific to the construction of the YBR deliverables for the CGB project. SAS will oversee the fabrication and LCI will oversee installation. A large portion of the work will be completed by Pogo Park’s CDT. All CDT work will be supervised by SAS staff experienced in construction. SAS and LCI will ensure that the construction and installation of the custom elements complements the recent infrastructure work completed for the YBR project. All construction work will meet prevailing wage requirements and local Richmond ordinances.

8 TASK 7: COMMUNITY OUTREACH AND PROGRAMMING
Pogo Park will work with the CDT to plan to implement a comprehensive community outreach campaign and community programming for block parties, evening events, clean-up events, and a long-term volunteer clean-up program for students and other individuals in Richmond who request community service hours.

9 SCOPE OF WORK
DETAIL

TASK 1: GENERAL CONDITIONS

1.1 Coordination/Meetings
● Schedule and lead project-related meetings; produce meeting minutes ● Pay the out-of-pocket costs for meeting facilitation for all project meetings (materials and supplies, food and beverages, etc.)

1.2 Project Administration
● Execute contracts with and manage subconsultants. Project administrative duties include:
○ Manage of subconsultant contracts for timely invoicing and payment ○ Manage of subconsultant work for timely performance
○ Manage of subconsultants during approval processes/commissions ○ Archive key documents to prepare for a possible Caltrans audit of the project

1.3 Finance Administration
● Report (grant and contract) to the City
● Budget
● Monitor grant compliance

1.4 Construction Management
● Mobilization
● Traffic Control
● Schedule
● Monitor safety compliance

1.5 Communications
● Communicate progress and milestone events with key stakeholders

TASK 2: DESIGN DEVELOPMENT (DD)

2.1 Coordination/Meetings
● Establish the project's philosophy/vision/guiding principles with CDT and partners ● Schedule and host meetings with Pogo Park's CDT and subconsultants ● Schedule and attend task-related meetings with City of Richmond

2.2 Design Development
● Create prototypes of the site elements:
○ Lighting, landscaping and public art for two existing traffic calming circles ○ Entry markers
○ Pedestal Route Markers with sculpture
○ Decorative treatment on raised intersections with sidewalk stenciling ○ Signage (route, caution, historical)
○ Dog Waste Stations
○ Multi-Stream Waste Receptacles
○ Benches
10 ● Create DD-level shop drawings for the site elements listed in Task 2.2 for internal and City review
● Field Test site elements listed in Task 2.2

2.3 Review Development Drawings
● Distribute DD-level drawings and solicit input/feedback from key stakeholders (i.e. City staff, Friends of the Richmond Greenway, neighborhood councils) ● Assess and compile input received from key stakeholders on DD-level shop drawings

TASK 3: CONSTRUCTION DRAWINGS
Pogo Park will work with our professional consultant team to produce a final set of shop drawings suitable for construction for the YBR CGB deliverables.

3.1 Coordination | Meetings
● Organize and lead meetings related to Task 3

3.2 Construction Drawings
● Revise the shop drawings to incorporate comments received from key stakeholders on DD level shop drawings
● Submit the shop drawings to the City's Building Department for review and comment

TASK 4: CONSTRUCTION COST PRICING

4.1 Coordination/Meetings
● Organize and lead meetings related to Task 4

4.2 Prepare Opinion of Probable Cost for Construction Phase ● Develop a realistic opinion of probable cost for the CGB YBR deliverables based on current materials pricing

TASK 5: PERMITS

5.1 Coordination/Meetings
● Organize and lead meetings related to Task 5

5.2 Permits
● Review City plan check comments and update the shop drawings to prepare the Permit Set
● Submit application to the City for the construction permit

TASK 6: CONSTRUCTION AND IMPLEMENTATION
In this task, Pogo Park and its partners will construct and install the CGB YBR deliverables listed below in Task 6.2. Pogo Park will hire, train, and empower CDT members to participate in every phase of the construction and installation of the CGB YBR deliverables.

6.1 Coordination/Meetings
● Organize and attend meetings related to Task 6

11 6.2 Construction
Clean, Green, and Beautiful – Yellow Brick Road deliverables:

1. Lighting, landscaping, and public art for two existing traffic calming circles (2)

2. Entry markers (5)

3. Pedestal Route Markers with sculpture (18)

4. Decorative treatment on raised intersections and bricks stenciled on sidewalk along the YBR route (12)

5. Signage (route, caution, historical) (103)

6. Dog Waste Stations (5)

7. Multi-Stream Waste Receptacles (14)

8. Benches (4)

TASK 7: COMMUNITY OUTREACH AND PROGRAMMING

7.1 Coordination/Meetings
● Organize and lead meetings related to Task 7
● Pay the out-of-pocket costs for meeting facilitation for all project meetings (materials and supplies, food and beverages, etc.)

7.2. Develop Community Outreach Plan
● Work with CDT to develop a comprehensive plan to regularly inform key stakeholders and the local community about the Project.

7.3. Develop and Distribute Outreach Materials
● Design and produce informational materials
● Publish the informational materials via multiple media channels including:
o distributing flyers and posters by hand to all properties along the Project site o emailing informational updates to 6,000 subscribers on Pogo Park's mailing list o emailing updates via City Manager’s weekly report
o posting Project updates on Pogo Park's social media accounts (website, facebook, Instagram, Twitter)
o sending press releases to local media outlets

7.4. Plan and Implement Outreach Events
Pogo Park’s CDT will plan, organize, and host the community educational events listed below. The programming of these events will be designed to actively support the grant goals of improving cultural connections, community placemaking, waste reduction programming.

Pogo Park will pay for the cost of labor, materials and supplies, food and drink, and entertainment for these events:

● Educational Block Parties (4)
● "Friday Night Lights" Zero Waste Events (8)
● Litter Cleanup Volunteer Events (6)
● Litter Cleanup Community Service Program (18 months)

12 BUDGET

PROJECT SCHEDULE | TIMELINE

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