Julian Lee, Director of Public Works
Michael Vartanians, City Engineer
CONSIDERATION OF APPROVAL OF THE SECOND AMENDMENT TO A TASK ORDER WITH NINYO & MOORE FOR GEOTECHNICAL AND MATERIALS TESTING SERVICES RELATED TO THE FISCAL YEAR 2019-20 STREET IMPROVEMENT PROJECT, INCREASING THE TOTAL CONTRACT AMOUNT TO $100,900.50
It is recommended that the City Council:
- Approve the Second Amendment (Attachment No. 1) to the task order with Ninyo & Moore for geotechnical and materials testing services related to the Fiscal Year (FY) 19-20 Street Improvement Project, increasing the total not-to-exceed amount by $47,865.50, for a new total contract amount of $100,900.50.
- Authorize the City Manager to execute the amendment and all related documents.
Staff is requesting approval of a Second Amendment to the existing Task Order with Ninyo & Moore for geotechnical and materials testing services associated with the FY 2019-20 Street Improvement Project. The amendment will increase the Task Order budget by $47,854.50 for a new not-to-exceed total of $100,900.50, to allow the consultant to continue providing construction testing, inspection, laboratory testing, and project coordination services through completion of the project.
The additional services are required because the number of site visits for geotechnical observation and materials testing has exceeded previous estimates due to the contractor's extended duration of earthwork activities and non-compliant work. Based on coordination with the project inspector and project team, Ninyo & Moore anticipate approximately 200 additional hours of field support for subgrade, aggregate base, and asphalt compaction testing, along with associated laboratory testing and project coordination.
The FY 2019-20 Street Improvement Project includes pavement rehabilitation, concrete infrastructure repairs and water infrastructure improvements throughout the City. To support construction of these improvements, the City issued a Task Order to Ninyo & Moore to provide geotechnical and materials testing services during construction. These services help ensure that materials and construction work meet project requirements and quality standards.
On October 11, 2022, the City Council approved a Master On-Call Professional Services Agreement with Ninyo & Moore to provide geotechnical engineering and materials testing services in support of Public Works capital improvement projects. The agreement authorizes the City to issue individual task orders for projects requiring specialized construction testing and engineering services to verify that materials and installation methods meet project specifications.
In June 2025, the City issued a Task Order (Attachment No. 2) Ninyo & Moore to provide geotechnical observation and materials testing services during construction of the FY 2019-20 Street Improvement Project. The Task Order established a not-to-exceed amount of $20,846 and included services such as field observation of earthwork activities, compaction testing of subgrade and aggregate base materials, asphalt and concrete testing, laboratory analysis, and coordination with City inspection staff.
On March 18, 2026, the City Council approved the First Amendment to the Task Order (Attachment No. 3), increasing the not-to-exceed amount by $32,200, from $20,846 to $53,046. The additional funding was required because extended earthwork operations and water infrastructure installation resulted in a greater level of field testing and inspection than originally estimated.
Ninyo & Moore is well-qualified to fulfill the required scope of services, which includes geotechnical observation, field and laboratory testing, and project coordination. Since approval of the First Amendment, the project has continued to require a greater number of site visits than anticipated due to the contractor's extended duration of earthwork activities and non-compliant work.
Ninyo & Moore coordinated with the project inspector and project team to estimate the services required through completion. The consultant anticipates approximately 200 additional hours of field technician support for subgrade, aggregate base, and asphalt compaction testing. The requested amendment also includes field vehicle and equipment costs, laboratory testing, project coordination and technical support, and $13,471.50 for services performed through August 28, 2026, above the currently approved budget.
The contractor has exhausted all contract working days. As a result, the City will pursue liquidated damages in accordance with the contract to recover costs associated with the extended construction period, including additional geotechnical and materials testing services.
Approval of the Second Amendment will increase the total not-to-exceed amount for the Task Order to $100,900.50 and allow Ninyo & Moore to continue providing the required geotechnical and materials testing services through the completion of construction.
The proposed Second Amendment increases the Task Order by $47,854.50, resulting in a revised total contract amount of $100,900.50.
Funding for the amendment is available within the FY 2026-27 Capital Improvement Program budget for the FY 2019-20 Street Improvement Project and will be funded using available funds in the following accounts:
236-9008-9203-8170-000 - $14,086.50
500-9008-9203-8170-000 - $33,498.00
No additional appropriation is required.