REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Title
Action on a Change Order No. 2 to the Agreement with Giant Construction LLC in the Amount of $17,036 for the Women’s Locker Room CapEx Project at Levi’s Stadium
Report
BACKGROUND
Pursuant to Section 2.9 of the Stadium Management Agreement between the Santa Clara Stadium Authority (Stadium Authority), Forty Niners SC Stadium Company LLC (StadCo), and Forty Niners Stadium Management Company LLC (Stadium Manager), the Stadium Manager is responsible for maintaining Levi’s Stadium (Stadium) “in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility….”
The Stadium Authority Fiscal Year (FY) 2023/24 Capital Expense (CapEx) Budget included a $329,123 line item for a Women’s Locker Room project. The project converted 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 included design, permitting, and construction of alterations necessary to accommodate the 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 in a different area of the Stadium.
In 2023, the Stadium Manager implemented a Request for Bids (RFB) process that led to the selection of the apparent low bidder, Giant Construction LLC. On January 9, 2024, the Stadium Authority Board approved 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.
Subsequent to the Board’s approval, the Stadium Manager executed the Agreement with Giant Construction LLC in the amount of $239,900 (Attachment 1) and a Change Order #1 in the amount of $12,275 for a total not to exceed agreement amount of $252,175 (Attachment 2). On October 21, 2025, the Stadium Authority Board approved a budget carryforward in the amount of $61,957 for the multi-year project in the Stadium Authority FY 2025/26 CapEx Budget.
The Stadium Manager submitted a request to execute a proposed Change Order #2 in the amount of $17,036, that will increase the Agreement with Giant Construction LLC by the same amount, for a total not to exceed construction agreement amount of $269,211, to install automatic fire sprinklers required by the Santa Clara Fire Department (Attachment 3). This would complete the Women’s Locker Room CapEx Project.
The Stadium Manager has provided a Recommendation Memo that summarizes the new request (Attachment 4).
DISCUSSION
The Stadium Authority’s January 9, 2024 approval of the Women’s Locker Room CapEx Project delegated authority to the Stadium Manager to execute change orders up to $23,990, for a total not to exceed construction agreement amount of $263,890. During the course of the project, Giant Construction identified additional work that included the following:
• $12,275 for temporary power and a drywall to accommodate a Copa America soccer event (Scope included in Change Order #1)
• $17,036 for additional fire sprinklers mandated by the Santa Clara Fire Department (Proposed scope for Change Order #2)
Change Order #1 totaled $12,275 in costs for the temporary power and drywall, which fell within the approved change order amount of up to $23,990. However, the proposed Change Order #2 exceeds the delegated authority for change orders and requires additional Board approval.
Stadium Authority staff reviewed the Stadium Manager’s recommendation memo, the Agreement with Giant Construction LLC, Change Order #1, and draft Change Order #2. Based on the documentation and provided information, staff recommends approval of the Stadium Manager’s request to approve a Change Order #2 in the amount of $17,036, which would increase the agreement by the same amount, for a total not to exceed agreement amount of $269,211.
The Stadium Authority Counsel’s Office has reviewed the requested change order for comparison to the Stadium Authority’s customary language. Nothing in the proposed change order 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 is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 “Existing Facilities” as the activity consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agencies determination.
FISCAL IMPACT
The FY 2025/26 CapEx Budget contains a $61,957 carryforward for the Women’s Locker Room CapEx Project. There are sufficient funds to cover the cost of the requested change order in the amount of $17,036. 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 or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation:
Approve the Stadium Manager’s request to execute a Change Order #2 to the Agreement with Giant Construction in the amount of $17,036, which will increase the agreement by the same amount, for a total not to exceed construction agreement amount of $269,211.
Staff
Prepared by: Christine Jung, Deputy City Manager
Approved by: Jovan D. Grogan, Executive Director
ATTACHMENTS
1. Agreement with Giant Construction LLC
2. Change Order #1 to the Agreement with Giant Construction LLC
3. Proposed Change Order #2 to the Agreement with Giant Construction LLC
4. Stadium Manager’s Recommendation Memo