REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Title
Action on Stadium Manager’s Request to Approve an Agreement with Giant Construction LLC for the Women’s Locker Room CapEx Project
Report
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
As the Stadium Manager of Levi’s Stadium, Forty Niners Stadium Management Company LLC is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Management Agreement between the Stadium Authority and Stadium Manager.
The Stadium Authority Fiscal Year (FY) 2023/24 Capital Expense (CapEx) Budget includes a $329,123 line item for a Women’s Locker Room project. The project, as described, converts a portion of the auxiliary locker room area to accommodate a larger private space for female athletes, performers, officials, and other female event day sporting and entertainment professionals visiting or working events at Levi's Stadium. The project will include the design, permitting, and construction of alterations necessary to accommodate these new designated spaces necessary to provide equal accommodations. This area is not related to the Home Team Locker Room and Visitor Team Locker Room, which are located in a different area of the Stadium.
The Stadium Manager is requesting approval for the following actions related to the Women’s Locker Room CapEx Project:
1. Approve a one-time agreement with Giant Construction LLC in the amount of $239,900 to renovate the auxiliary locker room areas to accommodate a larger private space for female event day professionals visiting or working events at Levi’s Stadium;
2. Authorize the Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the project; and
3. Authorize the Stadium Manager to execute change orders up to $23,990, for a total not to exceed construction agreement amount of $263,890.
A Recommendation for Award Memo was submitted describing the project, solicitation process, and the Stadium Manager’s request (Attachment 1).
DISCUSSION
Stadium Authority staff reviewed the Stadium Manager’s Recommendation for Award memo, supporting documentation, and draft agreement (Attachment 2) for consistency against the City’s public works bidding practices (City Charter Section 1310). The Stadium Manager’s Request for Bids (RFB) received three responses and the Stadium Manager is recommending award to the apparent low bidder, Giant Construction LLC.
Based on the documentation and provided information, staff recommends approval of the Stadium Manager’s request related to the Women’s Locker Room CapEx Project.
The Stadium Authority Counsel’s Office has reviewed the requested agreement for comparison to the Stadium Authority’s customary language. While there are some differences in the language, including portions covering compliance with laws such as prevailing wage and conflict of interest, the agreement submitted here for approval contains the necessary language which identifies these legal obligations to the vendor. The vendor expressly agrees to adhere to such obligations upon its execution of the agreement. Nothing in the proposed agreement changes the Stadium Authority’s rights under the Management Agreement and specifically with respect to any dispute that may arise from the Stadium Manager’s obligations under the Management Agreement.
The Stadium Authority reserves all rights to confirm and dispute charges by and payments to the Stadium Manager during a fiscal year-end reconciliation/true-up, including but not limited to changes based on improper allocation, calculation, lack of support, or failure to comply with the Parties’ contracts or California law. The Stadium Authority may raise related questions before the fiscal year-end reconciliation/true-up, which the Stadium Manager agrees to assess and respond to in good faith.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
As noted above, the FY 2023/24 CapEx Budget contains $329,123 for the Women’s Locker Room CapEx Project. There are sufficient funds to cover the cost of the one-time agreement and up to 10% for change orders (a total not to exceed $263,890). The Stadium Authority is responsible for all CapEx project costs.
COORDINATION
This report has been coordinated with the Stadium Authority Counsel and Treasurer’s Offices.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation:
1. Approve the Stadium Manager’s request to award an agreement to Giant Construction LLC in the amount of $239,900 to retrofit the auxiliary locker room area for the Women’s Locker Room CapEx Project;
2. Authorize the Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the project; and
3. Authorize the Stadium Manager to execute change orders for the agreement up to $23,990 for a total not to exceed amount of $263,890.
Staff
Prepared by: Christine Jung, Assistant to the Executive Director
Approved by: Jovan D. Grogan, Executive Director
ATTACHMENTS
1. Stadium Manager’s Recommendation for Award Memo
2. Draft Agreement with Giant Construction LLC