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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. - Continued Next Page- 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.