HomeMy WebLinkAbout104-CONTRACT AMENDMENT 2010 to 2012.pdfCity of Saratoga
Republic ITS: Second Amendment to Agreement
Amendment to Agreement
Page 1 of 4
CITY OF SARATOGA
AMENDMENT TO
INDEPENDENT CONTRACTOR AGREEMENT
THIS Amendment Agreement is made at Saratoga, California by and between the CITY
OF SARATOGA, a municipal corporation ("City"), and REPUBLIC ITS., ("Contractor"),
who agree as follows:
WHEREAS, City and Contractor entered into an independent contractor agreement dated
July 1, 2006 (“Original Agreement”) and amended the agreement by an amendment signed
by the City Manager on January 27, 2009 (“First Amended Agreement”); and
WHEREAS, City and Contractor wish to amend the First Amended Agreement in order to
change the term and total payment amount.
NOW THEREFORE, the parties hereto agree as follows:
1. Amended Term. The term of the Agreement commenced on July 1, 2006 will
extend through June 30th, 2012 or the completion of the project, whichever occurs
first, unless it is extended by written mutual agreement between the parties,
provided that the parties retain the right to terminate this Agreement as provided in
Exhibit D to the Original Agreement.
2. Amended Payment Terms. The payment terms included in Exhibit B-1 to the First
Amended Agreement are hereby replaced in their entirety supplemented with the
payment terms attached as Exhibit B-2 to this Amendment.
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City of Saratoga
Republic ITS: Second Amendment to Agreement
Amendment to Agreement
Page 2 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Amendment.
City of Saratoga: Contractor:
By:
_____________________________
Dave Anderson, City Manager
__________
Date
By:
___________________________
James Wagner
VP Engineering
_________
Date
Attest:
_____________________________
Ann Sullivan, City Clerk
__________
Date
Approved as to Form :
_____________________________
Richard S. Taylor, City Attorney
__________
Date
Attachment:
Exhibit B-2 --- Payment Terms
City of Saratoga
Republic ITS: Second Amendment to Agreement
Amendment to Agreement: Exhibit B-2
Page 3 of 4
EXHIBIT B-2
PAYMENT TERMS
1. TOTAL COMPENSATION In addition for furnishing said labor,
materials and equipment, pursuant to Exhibit A-1, Paragraphs 2 and 3
(preventative maintenance) of first Amended Agreement, Contractor shall receive
from the City the sum of Ninety-Five Dollars ($95.00) per month for each
signalized intersection.
In consideration for furnishing labor, materials and equipment pursuant to Exhibit
A-1, Paragraph 4, of the First Amended Agreement Contractor shall receive the
invoice cost of materials plus 20% and its then current labor rates. Equipment
rental rates shall be the rates specified in the California Department of
Transportation publication entitled Labor Surcharge and Equipment Rental Rates
that is in effect at the time the work is performed plus 15%.
The total sum for fiscal year 2010-2011 for the routine maintenance work product
to be provided by the contractor pursuant to this Agreement (including
reimbursable expenses) shall not exceed $20,000. The total sum which City shall
pay the in fiscal year 2010-2011 for the response maintenance work product to be
provided by Contractor pursuant to this Agreement (including reimbursable
expenses) shall not exceed $40,000.
The total compensation for the Fiscal Year 2011-2012 will be determined as per
the City of Saratoga’s adopted budget for Fiscal Year 2011-2012.
Labor Hourly Rate Schedule
Electrician Foreman $ 96.85
Labor/Electrician $ 88.00
Labor/Electrician (Overtime) $155.00
Equipment Hourly Rate Schedule
Bucket Truck $ 22.00
Mobile Crane $ 65.00
Compressor $ 18.00
Arrow-board $ 15.00
City of Saratoga
Republic ITS: Second Amendment to Agreement
Amendment to Agreement: Exhibit B-2
Page 4 of 4
Engineering Fee Schedule
Principal Engineer $195.00 per hour
Senior Engineer $175.00 per hour
Associate Engineer $150.00 per hour
Staff Engineer $125.00 per hour
Senior Engineering Assistant $115.00 per hour
Engineering Assistant $105.00 per hour
CAD Operator $75.00 per hour
Clerical $75.00 per hour
Reproductions Cost plus 15%
2. INVOICES Contractor shall submit invoices, not more often than once
a month during the term of this Agreement, based on the cost for work performed
and reimbursable expenses incurred prior to the invoice date. Invoices shall
contain the following information:
a. Serial identifications of bills, i.e., Bill No. 1;
b. The beginning and ending dates of the billing period;
c. A summary containing the total contract amount, the amount of
prior billings, the total due this period, and the remaining balance
available for all remaining billing periods.
3. MONTHLY PAYMENTS City shall make monthly payments, based on
such invoices, for satisfactory progress in completion of the Scope of Work, and
for authorized reimbursable expenses incurred.
4. REIMBURSABLE EXPENSES There shall be no right to
reimbursement of expenses incurred by Contractor except as specified in Exhibit
A-1 to the First Amended Agreement.