City of Piedmont
COUNCIL AGENDA REPORT
DATE:
TO:
FROM:
SUBJECT:
May 1, 2023
Mayor and Council
Rosanna Bayon Moore, City Administrator
Consideration of a Second Amendment to the City’s Agreement with Griffin Structures for Geotechnical Testing and Observation and Special Inspection Services for the Piedmont Community Pool Project and Approval of an Amended Overall Budget for the Contract
RECOMMENDATION
By a single motion, take the following actions:
1. Approve the proposed amendment to the City’s agreement with Griffin Structures to have Subconsultant GEOCON Consultants, Inc. perform Geotechnical Testing and Observation and Special Inspection Services for the Piedmont Community Pool Project, based on a time and materials basis, at an amount not to exceed $251,315.
2. Approve an amended overall budget for this contract of $1,214,015, which includes the originally approved budget of $612,700 and a first amendment of $350,000 and authorize the City Administrator to spend up to this amount.
BACKGROUND
On June 7, 2021, Council awarded an agreement to Griffin Structures to provide oversight of the Piedmont Community Pool Project, from design development through construction, with a focus on keeping the Project on-schedule and on-budget. On August 15, 2022, Council awarded an amendment to Griffin Structures to assist in an expanded role during the time-intensive construction phase of the project and provide the City with continuous, full time project management assistance.
This second amendment is for Griffin Structures to engage the services of GEOCON Consultants, Inc. (GEOCON) as a subconsultant for the provision of Geotechnical Observation and Testing, and Materials Testing services. GEOCON is an engineering firm that assisted the city during design development and prepared the project geotechnical report with design recommendations. This scope of work would be for GEOCON to ensure that design recommendations are implemented by the contractor during construction. In addition, GEOCON will perform concrete and rebar sampling and testing to meet design and building code requirements and to ensure high quality construction practices are followed.
Griffin Structures will perform oversite of GEOCON, and they will coordinate inspection and testing activities. Administration of the GEOCON agreement by Griffin Structures is critical to the success of the inspection and testing program, and to ensure that all design and building code requirements are met.
FISCAL IMPACT
The fee for GEOCON services is $218,535. The administrative services fee and reimbursable expenses for Geotechnical Testing and Observation and Material Testing Services, shall not exceed $251,315 for an overall not to exceed contract price of $1,158,315. Including the original $55,700 contract contingency, the new overall budget for the Griffin Structures contract will be $1,214,015.
These testing and inspection costs were excluded from Griffin Structures fees and estimated in the Total Project Budget that was presented to Council on December 5, 2022. Similar to other direct project costs, the cost of the additional services in this amended agreement will be paid from voter approved Measure UU bonds.
CITY ATTORNEY REVIEW
The attached Amendment to Agreement for Professional Services was reviewed and approved as to form by the City Attorney
.
ATTACHMENTS
A. Agreement with Griffin Structures
By: Daniel Gonzales, Public Works Director
Agenda Report Page 2
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SECOND AMENDMENT TO CONTRACT
This Second Amendment to Contract (“Amendment”) is made and entered into on this ___ day of May, 2023 (the “Effective Date”) by and between the City of Piedmont, a California municipal corporation (“City”), and Griffin Structures Inc. (“Independent Contractor”).
R E C I T A L S
A. City and Independent Contractor entered into a Contract, dated June 7, 2021 (as amended by the Amendment to Contract dated August_15, 2022, “Original Contract” and, together with this Amendment, “Contract”), under which Independent Contractor provides certain project management, owner’s representative, and other services to the City in connection with the City’s Community Pool Project (“Project”).
B. The parties now wish to amend the Original Contract to add as Additional Services the additional scope (“GEOCON - Geotechnical Testing and Observation and Special Inspection Services”) described in Exhibit A attached hereto and incorporated herein, approve Independent Contractor engaging GEOCON Consultants, Inc. (“Subconsultant”) as a subconsultant perform the Geotechnical Testing and Observation and Special Inspection Services, and increase the NTE by $251,315 as provided in Exhibit A.
C. All capitalized terms not otherwise defined in this Amendment shall have the respective meanings provided in the Original Contract.
A G R E M E N T
NOW, THEREFORE, the parties hereto agree as follows:
1. The parties agree that the Recitals set forth above are true and correct and are incorporated herein.
2. The City hereby approves the Geotechnical Testing and Observation and Special Inspection Services Scope as Additional Services under the Contract.
3. The City hereby consents to Independent Contractor engaging Subconsultant to perform the Geotechnical Testing and Observation and Special Inspection Services. City has requested Independent Contractor to contract with a geotechnical engineer (the “Consultant Contract”), and Independent Contractor has agreed to do so based on the City’s acknowledgement and agreement to the following: (1) the services provided by the geotechnical engineer will be performed by “design professionals” (as defined by Civil Code §2782.8) so that the indemnity obligation related to such services will be governed by Section 9.c. of the Contract, and (2) if City makes any claim arising out of or related to professional negligence based on the services provided by the geotechnical engineer, then Independent Contractor may assign the Consultant Contract to City, in which case City will directly assert its claim(s) against the geotechnical engineer and will not assert any claims (including indemnity or defense) against Independent Consultant relating to the services of the geotechnical consultant. City has reviewed and approved the terms of the Consultant Contract and will accept the assignment of the Consultant Contract from Independent Contractor. Nothing herein will limit Independent Contractor’s liability for failing to perform oversite of Subconsultant, or to coordinate inspection and testing activities.
Attachment A Agenda Report Page 3
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4. As provided in Exhibit A, the Not to Exceed fees and reimbursable expenses for the Augmented Geotechnical Testing and Observation and Special Inspection Services Scope are $251,315, bringing the total NTE under the Contract to $1,214,015.
5. Unless explicitly amended by this Amendment, all terms and provisions of the Contract shall remain in full force and effect.
[Signature Page Follows]
Attachment A Agenda Report Page 4
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CONTRACTOR CITY
GRIFFIN STRUCTURES INC. CITY OF PIEDMONT, a California municipal corporation
By: ____________________________ By:
[Title] Jen Cavenaugh, Mayor
ATTEST:
John Tulloch, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
Deepa Sharma, Assistant City Attorney
Attachment A Agenda Report Page 5
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Exhibit A
GEOCON - Geotechnical Testing and Observation and Special Inspection Services
[attached]
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