City of Piedmont
COUNCIL AGENDA REPORT
DATE: March 18, 2024
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Consideration of a Third Amendment to the City’s Agreement with Griffin Structures at an Amount Not to Exceed $248,433, with an Amended Overall Budget of $1,462,448, and consideration of a Second Amendment to the City’s Agreement with ELS Architecture for the Piedmont Community Pool Project in an Amount Not to Exceed $34,324.25 and an Amended Overall Budget of $2,585,118.25.
RECOMMENDATION
By a single motion, take the following actions:
1. Approve the proposed amendment to the City’s agreement with Griffin Structures for additional services for the Piedmont Community Pool Project, based on a time and materials basis, at an amount not to exceed $248,433, and approve an amended overall budget for this agreement of $1,462,448.
2. Approve the proposed second amendment to the City’s agreement with ELS Architecture for additional design services for the Piedmont Community Pool Project, based on a time and materials basis, at an amount not to exceed $34,324.25, and approve an amended overall budget for this agreement of $2,585,118.25.
3. Authorize the City Administrator to execute project related documents.
BACKGROUND
On June 7, 2021, the City Council awarded an agreement to Griffin Structures in the amount of $612,700 to provide oversight of the Piedmont Community Pool Project, from design development through construction, with a focus on keeping the Project on-schedule and onbudget. On August 15, 2022, Council awarded a first amendment to Griffin Structures in the amount of $350,000 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. On May 1, 2023, Council awarded a second amendment to Griffin Structures in the amount of $251,315 to engage the services of GEOCON Consultants, Inc. (GEOCON) as a subconsultant for the provision of Geotechnical Observation and Testing, and Materials Testing services.
The third amendment to the Griffin Structures agreement consists of Added Service Requests 3 and 4 and includes additional hours for Griffin and GEOCON staff that are directly related to the delayed project completion date. The original completion date has been extended by six months and additional project management and construction support services are required to achieve project completion. As a way of offsetting the impact of this delay, ASR 3 assumes a reduction of hours for the duration of the services provided under this amendment.
On October 18, 2021, Council awarded an agreement to ELS Architecture to provide design services for the Piedmont Community Pool Project in the amount of $2,475,554, which included a 5% contingency for unforeseen and out-of-scope items. Additionally, the original agreement was amended on July 18, 2022, in the amount of $75,140 for a total authorization of $2,550,694.
This total authorization has now been expended.
The second ELS amendment is in the amount of $34,324.25 and is required for the re-design of the approved permanent electric plans to relocate the PG&E transformer and service route to Magnolia Avenue. The design initially envisioned that PG&E transformer and point of connection to be installed on Bonita Avenue. Due to a variety of reasons, the location of the transformer has been moved to Magnolia Avenue. The additional services cover the effort required to complete the revised document revisions.
FISCAL IMPACT
The additional design and project management costs included in the proposed amendments have been budgeted for in the modified “Soft Cost” contingency that was approved by Council on December 18, 2023. Similarly to other direct project costs, the cost of the additional services in this amended agreement are eligible to be paid from voter approved Measure UU bonds.
CITY ATTORNEY REVIEW
The attached Amendments to Agreements for Professional Services have been reviewed and approved by the City Attorney.
By: Daniel Gonzales, Public Works Director
ATTACHMENTS
A. Second Amendment to ELS Architecture Agreement
B. Third Amendment to Griffin Structures Agreement
By: Daniel Gonzales, Public Works Director
Agenda Report Page 2
SECOND AMENDMENT TO CONTRACT
This Second Amendment to Contract (“Amendment”) is made and entered into on this 18th day of March, 2024 (the “Effective Date”) by and between the City of Piedmont, a California municipal corporation (“City”), and ELS Architecture & Urban Design (“Independent Contractor”).
R E C I T A L S
A. City and Independent Contractor entered into a Contract, dated October 18, 2021 (as amended by the Amendment to Contract dated July 18, 2022, “Original Contract” and, together with this Amendment, “Contract”), under which Independent Contractor provides certain architectural, engineering, and other services to the City in connection with the City’s New Community Pool Project (“Project”).
B. The parties now wish to amend the Original Contract to add as Additional Services Request (“ASR”) – No. 8 the additional scope described in Exhibit A attached hereto and incorporated herein, and increase the NTE by $34,324.25, 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 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 ASR No. 8 as Additional Services under the Contract.
3. As provided in Exhibit A, the Not to Exceed compensation for the ASR No. 8 is $34,324.25, bringing the total NTE under the Contract to $2,585,118.25.
4. 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 3
2 CONTRACTOR CITY
ELS ARCHITECTURAL & URBAN DESIGN CITY OF PIEDMONT, a California municipal corporation
By: ____________________________ By:
[Title] Rosanna Bayon Moore, City
Administrator
ATTEST:
Anna Brown, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
Deepa Sharma, Assistant City Attorney
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THIRD AMENDMENT TO CONTRACT
This Third Amendment to Contract (“Amendment”) is made and entered into on this 18th day of March, 2024 (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 and May 1, 2023, “Original Contract” and, together with these Amendments, “Contract”), under which Independent Contractor and its Subconsultant GEOCON provides certain project management, owner’s representative, augmented project management, construction support, geotechnical testing and observation and special inspection. 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 described in Exhibit A attached hereto and incorporated herein, to approve additional workings hours, and increase the NTE by $248,433 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 additional hours for Griffin Structures and GEOCON to provide additional Project Management, and Geotechnical Testing and Observation and Special Inspection Services 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.
Attachment B Agenda Report Page 19
2 4. As provided in Exhibit A, the Not to Exceed fees and reimbursable expenses for the additional Project Management and Geotechnical Testing and Observation and Special Inspection Services Scope are $248,433, bringing the total NTE under the Contract to $1,462,448.
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 B Agenda Report Page 20
3 CONTRACTOR CITY
GRIFFIN STRUCTURES INC. CITY OF PIEDMONT, a California municipal corporation
By: ____________________________ By:
[Title] Rosanna Bayon Moore, City
Administrator
ATTEST:
Anna Brown, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
Deepa Sharma, Assistant City Attorney
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