I
I
EBIX Insurance No. S200004277
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
NINYO & MOORE
GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS
PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Ninyo & Moore Geotechnical & Environmental Sciences Consultants , a California Corporation (Contractor) . City and Contractor may be referred to individually as a "Party" or collectively as the "Parties".
A.
B.
RECITALS
The Parties previously entered into an agreement entitled "Agreement for Services Between the City of Santa Clara, California, and Ninyo & Moore Geotechnical & Environmental Sciences Consultants , dated April 17, 2023 (Agreement) for the purpose of having Contractor provide on-call materials testing and special inspection services for the City of Santa Clara Electric Utility - Silicon Valley Power (SVP); and
The Parties now wish to amend the Agreement to modify the Work Authorization Process and update Exhibit B - Schedule of Fees and Payment Provisions.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. SECTION 1 of the Agreement, entitled "AGREEMENT DOCUMENTS", is amended to read as follows:
'The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees and Payment Provisions
Amendment No. 1 to Agreement/Ninyo & Moore
Rev. 10/25/19
Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance
Exhibit E - Sample Work Authorization Form
This Agreement, including the Exhibits set forth above, contains all the agreements , representations and understandings of the Parties, and supersedes and replaces any previous agreements , representations and understandings , whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions , the Terms and Conditions shall govern and control."
2. SECTION 6 of EXHIBIT A (SCOPE OF SERVICES) of the Agreement is amended in its entirety to read as follows:
"SECTION 6. WORK AUTHORIZATION PROCESS
6.1 Contractor acknowledges that Contractor is one of multiple firms selected to perform the Services pursuant to separate agreements. The City will award and authorize specific Services as set forth in this Section. The City does not guarantee that any specific work will be awarded under this Agreement.
6.2 Work Request: When Services are required, City will notify contractors under contract for on-call materials testing and special inspection services to provide a proposal for Services . City will provide a description of the Services required, the basis of award, the deadline for response , and any other pertinent information (Work Request).
6.3 Proposal. If Contractor desires to be considered to perform services included in the Work Request, Contractor shall prepare and submit a proposal (Proposal). The Proposal must include all information requested by the City in its Work Request in the format requested by the City and including the following:
6.3.1 A work plan that includes a detailed description by task of the services to be performed.
6.3.2 A project timeline/schedule with discussion of any activities that may impact the project timeline/schedule.
6.3.3 A list of Contractor's personnel and subcontractors including subcontractor Department of Industrial Relations (DIR) number where required.
6.3.4 Any required drawings or documents.
6.3.5 A list of City responsibilities.
Amendment No. 1 to Agreement/Ninyo & Moore
Rev. 10/25/2019
6.3.6 An itemized cost proposal showing:
6.3.6.1 Hours and hourly rates by position as listed in Exhibit 8.
Indicate labor subject to prevailing wage requirements .
6.3.6.2 Subcontractor scope of services or quote including identification of. labor subject to prevailing wage
requirements.
6.3.6.3 Parts and materials.
6.3.6.4 Laboratory Fees.
6.3.6.5 Rental and/or specialty equipment.
6.3.6.6 Reimbursable expenses, in accordance with the limitations set forth in Exhibit B.
6.3.6.7 Any additional costs such as, but not limited to freight, permits, and fees.
6.3.6.8 A breakdown of materials and labor sufficient to calculate all required taxes.
6.3.6.9 Maximum total cost including any required taxes.
6.3.6.10 All submitted pricing shall be in accordance with the rates authorized in Exhibit 8 of this Agreement. Contractor shall include sufficient information in their Proposal for the City to determine that rates are in accordance with the
Agreement.
6.3.7 Any costs for additional equipment, parts, or services required for completion of services as detailed in the Work Request and in Contractor's Proposal but not reflected in the Contractor's cost proposal shall be the sole responsibility of the Contractor and shall not result in additional cost to the City.
6.3.8 The City will review the Proposal, and may elect to approve it, reject it, or use it as a basis for further negotiations with Contractor.
6.3.9 Contractor must submit a revised Proposal to the City based upon such negotiations.
6.4 Authorization of Work:
6.4.1 If the completion of the services in the Proposal will not result in total costs under this Agreement exceeding the maximum compensation Amendment No. 1 to Agreement/Ninyo & Moore
Rev. 10/25/2019
in Section 6 of the Agreement, (when combined with all previously authorized Services), the City may authorize the services as set forth in this Section.
6.4.2 For Proposals with a total cost exceeding $50,000, City will provide approval by executing a Work Authorizations in substantially the same format as Exhibit E ("Work Authorization") and a Purchase Order. Each Work Authorizat ion shall describe the services and deliverables the Contractor must provide, the time limit within which the Contractor must complete the service and deliverables, the system acceptance criteria, warranty provisions, and the maximum compensation for the Work Authorization.
6.4.3 Each Work Authorization shall have a Purchase Order attached to it.
A Purchase Order ("Purchase Order") is a document issued by the City of Santa Clara Finance Department which will reference the terms and conditions of this Agreement and serves as final approval for each Work Authorization.
6.4.4 For Proposals with a total cost less than $50,000, a signed Work Authorization is not required. The City will issue a Purchase Order authorizing Services and the Purchase Order will serve as the Work Authorization .
6.5 Changes to Work Authorization:
6.5.1 Contractor shall promptly notify the City when a situation occurs that may result in a change to the total project cost or specific line items in a Work Authorization or Purchase Order. Contractor shall submit to the City an updated Proposal for review and approval from the City in advance of performing any additional services . If approved , the City will issue a new or amended Work Authorization (if required pursuant to this Section 6.4.2) or Purchase Order (as applicable) to authorize such additional services.
6.5.2 If the change to the Work Authorization is approved, the City will issue a new or amended Work Authorization (if required pursuant to Section 6.4.2) and/or Purchase Order (as applicable) to authorize such additional services.
6.5.3 Contractor shall not be entitled to additional compensation for issues such as errors in calculation of original pricing, changes in staff, or other changes that are not directly related to changes requested by City.
6.5.4 In the event that issues are identified that can be most efficiently and economically resolved while on site, changes may be approved verbally (in the field), by telephone , or e-mail by the following Amendment No. 1 to Agreement/Ninyo & Moore
Rev. 10/25/2019
authorized individuals: Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer.
Such authorization shall be defined as an Interim Work Order.
Contractor shall provide an updated Proposal within two (2) business days so that such changes can be documented in a Work
Authorization and/or Purchase Order.
6.6 Only the Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer may, on behalf of the City, execute a Work Authorization. Purchase Orders are issued by the Finance Department.
6. 7 A Work Authorization must be consistent with - and cannot alter - the terms and conditions of this Agreement. The terms and conditions of this Agreement shall prevail over any and all terms and conditions contained in a Proposal, Work Authorization, Interim Work Order, or Emergency Work Order - even if the Proposal, Work Authorization, Interim Work Order, or Emergency Work Order expressly states that it is intended to control. Any conflicting terms and conditions in a Work Authorization are invalid and unenforceable. The order of precedence is as follows: (1) Agreement including Exhibits, (2) Work Authorization, (3) Purchase Order, and (4) Proposal.
6.8 Each Work Authorization, Purchase Order, Interim Work Order, and Emergency Work Order including those authorizations issued pursuant to Section 6.5.4 shall be incorporated into the Agreement by reference and subject to its terms and conditions and the Services contained therein shall be included within the Services.
6.9 If Contractor begins the Services or fails to dispute a Purchase Order within three (3) business days, Contractor is assumed to have accepted the terms of the Purchase Order.
6.10 The City (through the individuals listed in Section 6.6 or, in the case of Purchase Orders, the Finance Department) may terminate a Work Authorization, Purchase Order, or an Emergency Work Order for convenience with ten (10) days prior written notice to Contractor. In such event, the Contractor shall have no further rights hereunder, except that Contractor shall be paid for all Services adequately rendered prior to such termination .
6.11 Proposals, pricing, quotes, and invoices are not confidential and will not be treated as confidential even if marked confidential when submitted.
6.12 Except where the circumstances in Section 6.5.4 apply, Contractor shall not initiate the services and the City will not compensate the Contractor until the City has (1) executed the Work Authorization for such services, when Amendment No. 1 to Agreement/Ninyo & Moore
Rev. 10/25/2019
applicable, (2) issued a Purchase Order, and (3) directed Contractor to perform Services."
3. EXHIBIT B of the Agreement , entitled "SCHEDULE OF FEES", is deleted and replaced with EXHIBIT B SCHEDULE OF FEES AND PAYMENT PROVISIONS, AMENDED NOVEMBER 1, 2024, attached hereto and incorporated into the Agreement.
4. EXHIBIT E of the Agreement, entitled "SAMPLE WORK AUTHORIZATION FORM", is attached hereto and incorporated into the Agreement.
5. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control. [SIGNATURES ON FOLLOWING PAGE]
Amendment No. 1 to Agreement/Ninyo & Moore
Rev . 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:
:Da.ttiet satt,n
Daniel Ballin (Oct 25, 2024 07:49 PDT)
GLEN R. GOOGINS
City Attorney
Dated: I v/zq /vf
S2:o~
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
"CITY"
NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES
CONSULTANTS
a California corporation
Dated: 10-18-:,!024~
By (Signature) ~id" -&/.,,i "-Y-
Name: Peter Conn0' y
Title: Principal Engineer
Principal Place of 2149 O'Toole Ave., Suite 30
Business Address: San Jose, CA 95131
Email Address: [email protected]
Telephone: (408) 435-9000
Fax: (408) 435-9006
"CONTRACTOR"
Amendment No. 1 to Agreement/Ninyo & Moore
Rev. 10/25/2019
EXHIBIT B
SCHEDULE OF FEES AND PAYMENT PROVISIONS
AMENDED NOVEMBER 1, 2024
SECTION 1. MAXIMUM COMPENSATION
1.1 The maximum compensation payable to Contractor during the Term shall not exceed the amount in Section 6 of this Agreement.
1.2 The City does not guarantee a minimum compensation under this Agreement.
SECTION 2. RATES
2.1 Rates. Contractor shall submit Proposals and invoice all Services at the rates listed in Appendix B1 - RATES AMENDED NOVEMBER 1, 2024 attached and incorporated by reference.
2.2 Rates listed in Appendix B 1 are fully burdened and will remain fixed for the first two (2) years of the Agreement.
2.3 Rate Increase. After the first two years of the Agreement, Rates may be negotiated no more than once annually. Contractor shall notify the City ninety (90) days in advance of any proposed rate increase. Any rate increases are subject to approval by the City and must be substantiated by the Contractor to the satisfaction of the City. All rate adjustments must be approved by the City through an amendment to this Agreement. References to alternate rates in quotes or Proposals that have not been separately authorized pursuant to this section are not approved.
2.4 Reimbursable Expenses. Any and all reimbursable expenses related to each Work Authorization or Purchase Order shall be described in Contractor's Proposal as set forth in Section 8 of Exhibit A and accounted for in the total cost for each Proposal, Work Authorization, and Purchase Order. Expenses shall be reimbursable only to the extent that (1) Contractor submits sufficient documentation to City that the expenses were directly incurred in providing the required Services, (2) Contractor demonstrates that such expenses aren't included in the hourly rate where applicable, (3) such expenses were approved in advance pursuant to Section 8 of Exhibit A, and (4) Contractor submits receipts, invoices, or other supporting documentation demonstrating that such reimbursable costs were incurred.
Reimbursable Expense Schedule
1. I The cost of mailing, shipping and/or delivery of any documents or materials.
Amendment No. 1 to Agreement/Ninyo & Moore
Rev . 10/25/2019
Mark Up
Not to exceed 15%
Reimbursable Expense Schedule Mark Up
2. The cost of photographing , printing, reproducing Not to exceed 15% and/or copying any documents or materials .
3. Charges for outside services (including subcontractor Not to exceed 15% fees, equipment , materials, and facilities not
furnished directly by Contractor)
4. Other reimbursable expenses with prior written Not to exceed 15% approval from the City
5. Contractor may charge allowable mileage at the Not to exceed 15% prevailing IRS rate per mile. Mileage does not apply
to rental cars which may be charged at actual fuel
cost only.
6. Unless approved in writing (e-mail acceptable) in Not to exceed 15% advance, reimbursement to Contractor (and any
subcontractors) for meals, lodging, and related Per
Diem shall not exceed the rates outlined by United
States General Services Administration (GSA).
httQs://www .gsa .gov/trave l-resources . Airfare or
rental car, where applicable shall be at economy
rates.
SECTION 3. PAYMENT PROVISIONS
3.1 Contractor shall provide an invoice to the City on a monthly basis for Services completed in the immediately preceding month. The invoice must include the following information:
3.1.1 Invoice Number, Purchase Order Number, and Invoice Period.
3.1.2 Current amount due with a time and materials breakdown: titles, hours, hourly rates, and any City approved reimbursable expenses itemized with supporting documentation.
3.1.3 Each invoice shall provide sufficient detail for City to verify (a) that the charges are in accordance with the Work Authorization, (b) that rates listed in Appendix 81 are charged, and (c) where applicable, hours worked can be matched to certified payroll submittals
3.2 Pre-Payment. City shall not be required to pay a deposit or any other form of pre payment prior to Contractor beginning work.
3.3 Payment Limited to Satisfactory Work. Contractor is not entitled to any payments until the City concludes that the Services and/or any furnished deliverables have been satisfactorily performed .
3.4 Certified Payroll. When applicable, Contractor must submit all necessary certified payrolls through LCP Tracker in advance of its request for payment. These Amendment No. 1 to AgreemenUNinyo & Moore
Rev. 10/25/2019
submittals shall comply with the requirements set forth in Exhibit D and are subject to verification by the City.
3.5 Accurate Invoice: If the invoice submitted by Contracto r is not accurate, the invoice will be returned to Contractor to correct and resubmit before payment can be processed.
3.6 Payment If there are no discrepancies or deficiencies in the submitted invoice and Contractor has submitted all required Certified Payroll, City shall process the invoice for payment.
3.7 Confidential. Invoices are not confidential even if marked as confidential when submitted .
Amendment No. 1 to Agreement/Ninyo & Moore
Rev. 10/25/2019
Page10of16
APPENDIX 81 - RATES
AMENDED NOVEMBER 1, 2024
TABLE 1 - SCHEDULE OF FEES FOR SERVICES
Position
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial HyQienist
Senior Engineer/Geologist/Environmental Scientist
Senior Project Engineer/Geologist/Environmental Scientist Project Engineer/Geologist/Environmental Scientist
Senior Staff Engineer/Geologist/Environmental Scientist Staff Engineer/Geologist/Environmental Scientist
GIS Analyst
Technical Illustrator/CAD Operator
Field Staff
Certified Asbestos/Lead Technician
Field Operations Manager
Nondestructive Examination Technician (UT, MT, LP)
Supervisory Technician
Special Inspector (Concrete , Masonry, Structural Steel, Welding , and Fireproofing)
Senior Technician
Technician
Administrative Staff
Information Specialist
Geotechnical/Environmental/Laboratorv Assistant
Data Processor
Amendment No. 1 to Agreement/Ninyo & Moore
Rev. 10/25/2019
Unit Rate
Per Hour $188.00
Per Hour $178.00
Per Hour $173.00
Per Hour $165 .00
Per Hour $150.00
Per Hour $134.00
Per Hour $123.00
Per Hour $98.00
Per Hour $173.00
Per Hour $120.00
Per Hour $115.00
Per Hour $110.00
Per Hour $105.00
Per Hour $105.00
Per Hour $105.00
Per Hour $90.00
Per Hour $85.00
Per Hour $75.00
Other Charges
Concrete Coring Equipment (includes technician) Per Hour $190.00 Anchor Load Test Equipment (includes technician) Per Hour $190.00 GPR Equipment Per Hour $180.00
Inclinometer Per Hour $100.00
Hand Auge r Equipment Per Hour $80.00
Rebar Locator (Pachomete r) Per Hour $25.00
Vapor Emission Kit Per Kit $65.00
Nuclear Density Gauge Per Hour $12.00
X-Ray Fluorescence Per Hour $70.00
PID/FID Per Hour $25.00
Air Sampling Pump Per Hour $10.00
Field Vehicle Per Hour $15.00
Expert Witness Testimony Per Hour $450.00
Direct Expenses - According to Section 2.4 of Exhibit B Specia l equipment charges will be provided pursuant to Section 6 of Exhibit A and Section 2.4 of Exhibit B
-
-
Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday . Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays .
Field techn ician and special inspection hours are charged portal to portal at a 4-hour minimum , and 8-hour minimum for hours exceeding 4 hours.
Amendment No. 1 to Agreement/Ninyo & Moore
Rev. 10/25/2019
TABLE 2 - SCHEDULE OF FEES FOR LABORATORY TESTING
SOILS
Atterberg Limits, D 4318, CT 204
California Bearing Ratio (CSR), D 1883
Chloride and Sulfate Content, CT 417 & CT 422
Consolidation, D 2435, CT 219
Consolidation, Hydro-Collapse only, D 2435
Consolidation - Time Rate, D 2435, CT 219
Direct Shear - Remolded, D 3080
Direct Shear- Undisturbed, D 3080
Durability Index, CT 229
Expansion Index, D 4829, IBC 18-3
Expansion Potential (Method A), D 4546
Geofabric Tensile and Elongation Test, D 4632
Hydraulic Conductivity, D 5084
Hydrometer Analysis, D 6913, CT 203
Moisture, Ash, & Organic Matter of PeaUOrganic Soils
Moisture Only, D 2216, CT 226
Moisture and Density, D 2937
Permeability, CH, D 2434, CT 220
pH and Resistivity, CT 643
Proctor Density 01557, D 698, CT 216, AASHTO T-180
Proctor Density with Rock Correction D 1557
R-value, D 2844, CT 301
Sand Equivalent, D 2419, CT 217
Sieve Analysis , D 6913 , CT 202
Sieve Analysis, 200 Wash, D 1140, CT 202
Specific Gravity, D 854
Thermal Resistivity {ASTM 5334, IEEE 442)
Triaxial Shear, C.D, D 4767, T 297
Triaxial Shear, C.U., w/pi:ire pressure, D 4767, T 2297 per pt Triaxial Shear, C.U., w/o pore pressure , D 4767, T 2297 per pt Triaxial Shear, U.U., D 2850
Unconfined Compression, D 2166, T 208
MASONRY
Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 Brick Compression Test, C 67
Brick Efflorescence, C 67
Brick Modulus of Rupture, C 67
Brick Moisture as received, C 67
Brick Saturation Coefficient, C 67
Concrete Block Compression Test, 8x8x16, C 140
Concrete Block Conformance Package , C 90
Concrete Block Linear Shrinkage, C 426
Concrete Block Unit Weight and Absorption, C 140
Cores, Compression or Shear Bond, CA Code
Masonry Grout, 3x3x6 prism compression, C 39
Masonry Mortar, 2x2 cube compression, C 109
Masonry Prism, half size, compression , C 1019
Masonry Prism, Full size, compression, C 1019
REINFORCING AND STRUCTURAL STEEL
Chemical Analysis, A 36, A 615
Fireproofing Density Test, UBC 7-6
Hardness Test, Rockwell, A 370
High Strength Bolt, Nut & Washer Conformance , per assembly , A 325 Mechanically Spliced Reinforcing Tensile Test, ACI
Pre-Stress Strand (7 wire), A 416
Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 Structural Steel Tensile Test: Up to 200,000 lbs,, A 370 Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI $170
$550
$175
$300
$150
$200
$350
$300
$175
$190
$170
$200
$350
$220
$120
$35
$45
$300
$175
$220
$340
$375
$125
$145
$100
$125
$925
$550
$450
$350
$250
$180
$70
$55
$55
$50
$45
$60
$70
$500
$200
$70
$70
$45
$35
$120
$200
$135
$90
$80
$150
$175
$170
$75
$90
$80
CONCRETE
Compression Tests, 6x12 Cylinder, C 39
Concrete Mix Design Review, Job Spec
Concrete Mix Design , per Trial Batch, 6 cylinder, ACI
Concrete Cores, Compression (excludes sampling), C 42
Drying Shrinkage, C 157
Flexural Test, C 78
Flexural Test, C 293
Flexural Test, CT 523
Gunite/Shotcrete, Panels , 3 cut cores per panel and test, ACI Lightweight Concrete Fill, Compression, C 495
Petrographic Analysis , C 856
Restrained Expansion of Shrinkage Compensation
Splitting Tensile Strength, C 496
3x6 Grout, (CLSM) , C 39
2x2x2 Non-Shrink Grout, C 109
ASPHALT
Air Voids, T 269
Asphalt Mix Design, Caltrans (incl. Aggregate Quality)
Asphalt Mix Design Review, Job Spec
Dust Proportioning, CT LP-4
Extraction, % Asphalt, including Gradation, D 2172, CT 382 Extraction,% Asphalt without Gradation, D 2172, CT 382
Film Stripping, CT 302
Hveem Slability and Unit Weight D 1560, T 246, CT 366
Marshall Stability, Flow and Unit Weight , T 245
Maximum Theoretical Unit Weight , D 2041, CT 309
Moisture Content, CT 370
Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 Slurry Wet Track Abrasion , D 3910
Superpave, Asphalt Mix Verification (incl. Aggregate Quality) Superpave, Gyratory Unit Wt., T 312
Superpave, Hamburg Wheel , 20,000 passes, T 324
Unit Weight sample or core, D 2726, CT 308
Voids in Mineral Aggregate, (VMA) CT LP-2
Voids filled with Asphalt, {VFA) CT LP-3
Wax Density, D 1188
AGGREGATES
Clay Lumps and Friable Particles, C 142
Cleanness Value, CT 227
Crushed Particles, CT 205
Ourabilfly, Coarse or Fine, CT 229
Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234
Flat and Elongated Particle, D 4791
Lightweight Particles, C 123
Los Angeles Abrasion, C 131 or C 535
Material Finer than No. 200 Sieve by Washing , C 117
Organic Impurities, C 40
Potential Alkali Reactivity, Mortar Bar Method, Coarse , C 1260 Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 Potential Reactivity of Aggregate (Chemical Method), C 289 Sand Equivalent, T 176, CT 217
Sieve Analysis, Coarse Aggregate, T 27, C 136
Sieve Analysis, Flne Aggregate (including wash). T 27, C 136 Sodium Sulfate Soundness , C 88
Specific Gravity and Absorption, Coarse, C 127, CT 206
Specific Gravity and Absorption, Fine, C 128, CT 207
ROOFING
Roofing Tile Absorption, (set of 5), C 67
Roofing Tile Strength Test, (set of 5), C 67
$35
$300
$850
$120
$400
$85
$85
$95
$275
$80
$2,000
$450
$100
$55
$55
$85
$4,500
$180
$85
$250
$150
$120
$225
$240
$150
$95
$1,000
$150
$4,900
$100
$1,000
$100
$90
$90
$140
$180
$180
$175
$205
$180
$220
$180
$200
$90
$90
$1,250
$950
$475
$125
$120
$145
$450
$115
$175
$250
$250
Special preparation of standard test specimens will be charged at the technician's hourly rate and shall be authorized in advance pursuant to Section 6 of Exhibit A.
EXHIBIT E
SAMPLE WORK AUTHORIZATION FORM
This work authorization ("Work Authorization ") is made pursuant to the Agreement for Service between the City of Santa Clara and Ninyo & Moore Geotechnical & Environmental Sciences Consultants ("Agreement"). This Work Authorization is governed by the provisions of the Agreement and is hereby incorporated into that Agreement by reference. All Services shall be using the terms and rates included in the Agreement. In the event of any inconsistency between the terms and conditions of the Work Authorization and the Agreement , the terms and conditions of the Agreement shall govern and control. This Work Authorization is not valid until accompanied by a Purchase Order authorized by the City.
PART A: GENERAL INFORMATION
WORK AUTHORIZATION D Original
NUMBER: D First Revised
Contract No. D Second Revised
D Othec
Contractor Name/Address:
Expiration Date of
Agreement:
Contractor's Project Name: Email:
Manager:
City's Project Manager Name: Email:
Period of Performance for Start Date: Expected Completion Date:
this Work Authorization:
Maximum Compensation of Agreement:
Previously Committed Funds:
Available Funds
Maximum Compensation for this Work
Authorization
Remaining Available Funds
Sufficient funds are available in Fund #:
(to be completed by City)
Contractor Representative Name (Print)
Contractor Representative Signature
Contractor Representative Signature Date
City Project Manager Name (Print)
Authorized City Representative (Print)
City Representative Signature
City Representative SiQnature Date
* Authorized City Representatives include Electric Utilitv Assistant Director, Chief Electric Amendment No. 1 to Agreement/Ninyo & Moore
Rev. 10/25/2019
I Utility Operating Officer, Chief Electric Utility Officer PART B: SERVICES TO BE PERFORMED
1. REVISED WORK AUTHORIZATION
□ No
D If yes, provide a brief description of the change(s).
2. SCOPE OF SERVICES TO BE PERFORMED
The Contractor shall perform the service(s) described below in accordance with all of the terms and conditions of the Agreement. (Insert a detailed Scope of Services below or attach as a separate file.) Scope of Services and cost proposal shall meet all of the provisions of Section 6 of Exhibit A and Section 2 of Exhibit B.
Amendment No. 1 to Agreement/Ninyo & Moore
Rev. 10/25/2019
3. COMPENSATION
a. Basis of Compensation: D Time & Materials
b. Reimbursable Expenses:
D No expenses are reimbursable.
D Expenses are separately reimbursable in the maximum amount of:
c. Payment Schedule:
D Monthly D Completion of Deliverable/Milestone D Completion of Services
d. Payment Terms. Provide payment terms below or attach as a separate file. *Payment for on-site labor may not be paid in advance. On-site labor shall not be invoiced until completed and Customer will not make payment until certified payroll is approved.
4. LIQUIDATED DAMAGES
D Liquidated Damages do not apply.
D Liquidated Damages apply as follows:
It is mutually agreed by Contractor and City that, in event completion of the Services to be provided by the Contractor under this Agreement is delayed beyond ______ __ _ 20_, City will suffer
damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. The Parties agree that by way of ascertaining and fixing the amount of damages , costs and expenses, and not by way of penalty, Contractor shall pay to City the sum of _______________ dollars ($ ____ .--J per day in liquidated damages to a cap of ____ . Contractor agrees that City may deduct the amount of said unpaid damages from any money due or that may become due to Contractor under this Agreement.
Notwithstanding the foregoing both Parties understand and agree that no liquidated damages shall accrue for delivery delays due to any modification of the Scope of Services, for delays caused by or attributable to the City, for delays caused by or attributable to third parties not under the direct control of Contractor or any force majeure event during the period of service of this Work Authorization.
Such liquidated damages shall be the City's sole and exclusive remedy for Contractor's failure to meet the agreed delivery schedule.
Amendment No. 1 to Agreement/Ninyo & Moore
Rev. 10/25/2019