HomeMy WebLinkAboutCC Resolution 13339 - Execute a First Amendment to Consultant Services Agreement with Griffin Structures Inc. (CIP No.23-RR)RESOLUTION NO. 13339
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL: 1)
APPROVING A FIRST AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH GRIFFIN STRUCTURES, INC., IN AN AMOUNT NOT TO
EXCEED $365,700 AND A 10% CONTINGENCY IN THE AMOUNT OF $36,570, FOR
ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES FOR THE MEASURE O
— POLICE OPERATIONS BUILDING PROJECT (CIP NO. 23-RR); 2) AUTHORIZING
THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT AS SPECIFIED IN
CAMPBELL MUNICIPAL CODE SECTION 3.20.100; AND 3) AUTHORIZING THE
FINANCE DIRECTOR TO PERFORM A BUDGET ADJUSTMENT FOR THE
APPROPRIATION OF THE FUNDS TO COVER THE THIS REQUEST
WHEREAS, City and Consultant entered into a Consultant Services Agreement
("Agreement"), dated October 22, 2022, to provide Constructability Review, Construction
Management, Inspections, and Labor Compliance Services for the City of Campbell Civic
Center Improvements%Library Renovations, Project Number 23-SS, and the new Police
Operations Building, Project No. 23-RR including but not limited to Exhibit A -Scope of
Services and Fees all incorporated by this reference; and
WHEREAS, Griffin Structures, Inc. began working on the Measure O projects in 2022 as
they were contracted to. They hired a labor compliance firm, procured a materials testing
and special inspections firm and provided constructability review for the Police Operations
Building project. Due to project complexity and changes in delivery method for the Police
Operations Building, the projects did not start on parallel tracks; and
WHEREAS, Griffin Structures has worked with the City to stretch the original contract
funds through November 2025 by dynamically adjusting staffing when necessary; and
WHEREAS, Griffin Structures has provided a proposal in the amount of $365,700 for the
remainder for the project. This proposal covers services through June 2026 to account
for potential unforeseen conditions that may extend Phase 2's schedule; and
WHEREAS, staff requests that the City Council adopt a resolution approving a first
amendment to the consultant services agreement with Griffin Structures, Inc., in an
amount not to exceed $365,700 and a 10% contingency in the amount of $36,570, for
additional construction management services for the Measure O — Police Operations
Building Project (CIP No. 23-RR); and
WHEREAS, upon approval, staff also requests that the City Council authorize the City
Manager to execute the first amendment as specified in Campbell Municipal Code
Section 3.20.100; and
WHEREAS, this action will result in a total fiscal impact of $402,270 in which sufficient
funding is available to cover these costs as reflected in the balance of approximately $2.2
million in unallocated Measure O funds currently programmed in the City's CIP; and
WHEREAS, staff requests that the City Council authorize the Finance Director to perform
a budget adjustment,for the appropriation of funds into the Measure O — Shared Costs
account (CIP No. 21-MM) to cover these additional services and associated costs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
hereby 1) approves a first amendment to the consultant services agreement with Griffin
Structures, Inc., in an amount not to exceed $365,700 and a 10% Contingency in the
amount of $36,570, for additional construction management services for the Measure O
— Police Operations Building Project (CIP No. 23-RR); 2) authorizes the City Manager to
execute the first amendment as specified in Campbell Municipal Code Section 3.20.100;
and 3) authorizes the Finance Director to perform a budget adjustment for the
appropriation of funds to cover the additional services and associated costs.
PASSED AND ADOPTED this 21 st day of October, 2025, by the following roll call vote:
AYES:
Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None
ATTEST:
dwy'ua r"6&0
Andrea San<9fs, City Clerk
APPROVED:
Sergio Lopez, Mayor
FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT
This FIRST AMENDMENT, effective as of , 2025 (the "First Amendment") to
the CONSULTANT SERVICES AGREEMENT, dated October 24, 2022, is made by and between the City of
Campbell (herein called "City"), and Griffin Structures, Inc. (herein called "Consultant"). City and
Consultant may be referred to individually as a "Party" and collectively, as the "Parties".
RECITALS
WHEREAS, City and Consultant entered into a Consultant Services Agreement ("Agreement"), dated
October 22, 2022, to provide Constructability Review, Construction Management, Inspections, and
'IJ 1'i
Labor Compliance Services for the City of Campbell Civic Center Improvements/Library Renovations,
Project Number 23-SS, and the new Police Operations Building, Project:No. 23-RR including but not
limited to Exhibit A -Scope of Services and Fees all incorporated by this reference;and
WHEREAS, it is now necessary to increase the compensation for,all services and d,i;r;,ect costs, associated
with the performance of the scope of services in the FIRST Contract Amendment to an amount not to
exceed $365,633.00, including but not limited to Exhibit A=Scope'of'S,ervices and Fees all incorporated
by this reference; and
WHEREAS, services under this contract will be performed through the duration, of construction.
I'f�AGREEMENT : ;:
,
NOW, THEREFORE, it is agreed between the Parties to pncorporatethe above Recitals hereto, and that
the Agreement is hereby amended a`sJollows:
1. Section 3.1 of the Agreement=is. hereby amended to read as follows:
For the full performance ofthe services described herein by Consultant, City agrees to compensate
Consultant for all services and direct costs associated with the performance of the services identified in
Exhibits A and B in an amount notitdiexceed $2,167,700.00, which includes the Original Agreement
amount of $1,802,000.00, Fi`rst.Contract Amendment amount of $365,700.00, for services and
deliverables including but not limited to Exhibit A— Scope of Services and Fees , all incorporated by this
reference.
Notwithstanding these amended terms of the original Agreement by this FIRST Amendment, all other
applicable terms and conditions of the original Agreement and attachments, and other prior
amendment(s), shall remain in full force and effect. The terms of this FIRST Amendment shall control if
any conflict exists.
Each Party acknowledges that it has reviewed this FIRST Amendment and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this FIRST Amendment.
The unenforceability, invalidity or illegality of any provision(s) of this FIRST Amendment shall not render
the other provisions unenforceable, invalid or illegal.
Fourth Amendment to Consultant Services Agreement Page 1 of 3
The Parties may execute this FIRST Amendment in two or more counterparts, which shall, in the
aggregate, be deemed an original but all of which, together, shall constitute one and the same
instrument. A scanned, electronic, facsimile or other copy of a Party's signature shall be accepted and
valid as an original.
The signatories to this FIRST Amendment warrant and represent that each is authorized to execute this
FIRST Amendment and that their respective signatures serve to legally obligate their respective
representatives, agents, successors and assigns to comply with the provisions of this FIRST Amendment.
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Fourth Amendment to Consultant Services Agreement Page 2 of 3
IN WITNESS WHEREOF, Consultant and the City have executed this FIRST Amendment to the Agreement
effective as the date shown above.
Consultant
Griffin Structures Inc.
Date:
City of Campbell
Brian Loventhal
City Manager
6�
Approved as to Form:
Fourth Amendment to Consultant Services Agreement Page 3 of 3
GRIFFIN
STRUCTURES
Campbell Police Department Project
August 19, 2025
Griffin Structures' Fee Proposal is based on all reasonable costs necessary to perform Construction
Management services for the Campbell Police Department — Phase 2 Tenant Improvement project. For
these requisite services Griffin Structures proposes the following time and materials fee:
Construction Management: $ 362,043
Insurance Expenses: $ 3,620
Total $ 365,663
All proposed hourly rates are fully burdened and include overhead, profit, taxes, and benefits. The hours
identified for each individual employee and task are estimates only and are not to be construed as not to
exceed hours for any individual task, phase, or time period. We reserve the right to reallocate hours
between staff members and tasks, in consultation with City staff, in order to accomplish the overall
objectives and requirements of the project.
SCOPE OF SERVICES
As of the issuance this ASR, Phase 2 is anticipated to commence in January 2026 and complete in July
with two months for closeout. This amendment covers the extension of services through June 2026.
APPROACH TO STAFFING & PROJECT TEAM
To bring the highest level of efficiency and value to the City, Griffin Structures has assembled following
team:
Robert Godrey will continue to support the project as Project Executive.
Lance Solomon will remain as the on -site Sr. Construction Manager.
James Said will continue as a Construction Manager/Inspector.
QUALIFICATIONS & EXCLUSIONS
1. Hourly rates are valid through December 31st, 2026 and will escalate by CPI annually thereafter.
2. Insurance costs are included as.a reimbursable expense and will be billed monthly at the rate of
$10 per $1,000.
Page 1 of 3
3. On -site trailer rental, furniture, utilities, and sanitary facilities for our field staff (Project
Management team) are excluded. We assume that offices will be provided as part of the
construction site trailer(s) being provided by the City or its contractor.
4. Costs for all permits required for the project are excluded. It is assumed that the City will pay for
all permitting fees, assessments, easements, school fees, and other agency or governmental fees
or costs to support the design and construction the project. We have not included any permit
related fees within our fee proposal. Permits will be pulled by others.
5. Costs for construction staking, environmental and hazardous materials surveys, and all
environmental and hazardous materials transportation and remediation costs are excluded.
6. Software licenses or user fees and all software traini.ng costs for specific project management
software being required by either the City or their contractor(s) are excluded.
7. Cost of bulk blueprinting for plans and specifications for use by the contractors and subcontractors
is excluded. Funds included in reimbursable expenses are for Griffin printing costs alone.
8. Independent or third -party testing companies such as Roofing, Peer Reviews, LEED, or other
specialized third -party oversight services other than those listed herein are excluded. ,
9. No FF&E or OS&E procurement is included in this proposal.
10. Construction Site Security is excluded.
11. This proposal does not include a formal independent Inspector of Record (IOR); it is assumed that
any Building Department inspections will be performed by the City's Building Department
inspections staff. It does include an Add Alternate for a Quality Assurance Inspector.
12. Construction Manager will review all RFI's, Submittals, and Substitutions only for completeness. .
Approvals shall be executed by the architect of record.
13. Construction Cost Estimates, when provided, are based on standard industry practice, professional
experience, and knowledge of market conditions. Griffin has no control over material and labor
costs, contractor's methods of establishing prices or the market and bidding conditions at the time
of bid. Therefore, Griffin does not guarantee that bids received will not vary from the cost estimate
provided and Griffin is not liable for any costs, liabilities, or damages incurred by the City arising
from Griffin's opinion of cost, the actual project cost to the City, delays caused by events outside
the control of Griffin, or any labor or material cost increases.
14. Griffin is not responsible for, and the City will hold Griffin harmless from, any schedule delays
and/or any losses, damages, or liabilities resulting therefrom that are caused by (1) events or
conditions that are outside of Griffin's control or (2) the acts or omissions of parties for whom
Griffin is not legally liable (collectively, "Non -Consultant Delays"). The schedule for completion
will be extended for any Non -Consultant Delays. If Griffin incurs additional costs or expenses due
to Non -Consultant Delays, then Griffin's fee compensation will be equitably adjusted to cover such
additional costs or expenses.
15. For document tracking control, Griffin has included the use of Autodesk for managing construction
documentation, and based the hours allocated in this proposal accordingly. The cost of this system
is included here as a reimbursable expense.
Page 2 of 3
16. FF&E services are included and management and oversight of the effort to be performed by the
selected design team professionals.
17. Move management services are included as oversight only. Griffin will nonetheless oversee the
solicitation, negotiation, and oversight of the move management consultant, but will not be
providing the service itself.
18. Commissioning requirements are understood as per California Building Cod / Cal Green (Title 24)
only. LEED Commissioning is excluded.
Page 3 of 3
City of Campbell
Request for Budget Adjustments
Department/Program
Division
Date
Request No.
Public Works
21-MM - Measure O Shared Costs
October 21, 2025
BA-3
Budget to be Reduced
Fund/Program
AccountNumber
Description
Amount
Budget to be Increased
Fund/Program
Account Number
Description
Amount
EXPENDITURES
448.21MM
7430
Professional Services (Griffin Structures)
$ 402,270
REASON FOR REQUEST - BE SPECIFIC:
To appropriate an additional $402,270 into the Measure O Shared Cost Project (21-MM) for the first amendment to the
consulting services agreement with Griffin Structures for additional construction management services for the Measure O Police
Operations Building Project Phase 2. Base cost of $365,700 plus 10% Contigency of $36,570 for total amendment of $402,270.
Will Fuentes
Amy Olay
Brian Loventhal
Finance Director
Public Works Director
City Manager