David T Hamilton & Associates Inc dba Hamilton & Associates (Amendment No. 1) AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES
("Amendment")by and between the CITY OF RANCHO PALOS VERDES("City")and David
T. Hamilton & Associates, Inc., d/b/a/ Hamilton & Associates, a California Corporation
("Contractor") is effective as of the 2 day of August, 2016.
RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services
dated August 18,2015 ("Agreement")whereby Contractor agreed to provide On-call Geotechnical
and Geological Engineering and Construction Observation and Testing(the "Services").
B. City and Contractor now desire to amend the Agreement to extend the term to
June 30, 2017 (the"Amendment").
TERMS
1. Contract Changes. The Agreement is amended as provided herein.
Term of Agreement.The Agreement that commenced on October 6,2015 and was intended
to expire on June 30, 2016 shall be extended to June 30, 2017.
Rates: Expense Reimbursement.
City agrees to compensate Consultant in accordance with Consultant's Schedule of Hourly
Rates, attached hereto as Exhibit "A" and incorporated herein by reference, and shall meet or
exceed prevailing wage rates. The contract sum for this Amendment shall not exceed Sixty
Thousand Dollars($60,000)per fiscal year for services as described in Article 1 of the Agreement.
On-call services that are reimbursed by a trust deposit shall not count towards the maximum
amount Consultant shall be paid for such services. The rates in Exhibit "A" shall be in effect
through the end of the term of this Amendment.
City will not reimburse Consultant for costs and expenses unless such costs and expenses
are previously approved by City.
2. Continuing Effect of Agreement. Except as amended by this Agreement, all
provisions of the Agreement shall remain unchanged and in full force and effect. From and after
the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall
mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Contractor each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
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01203.0006/306833.1
represents and warrants to the other that the Agreement is currently an effective,valid,and binding
obligation.
Contractor represents and warrants to City that, as of the date of this Amendment, City is
not in default of any material term of the Agreement and that there have been no events that,with
the passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment,
Contractor is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute
and deliver this Agreement on behalf of said party,(iii)by so executing this Agreement,such party
is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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01203.0006/306833.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
1, 41, May
ATTEST:
CL-11"--
, City Clerk
APPROVED AS TO FORM:
ALESHIRE &WYNDER, LLP
4.11,L)-(A. 644A.,Q.&r �r
Dave Aleshire, City Attorney
CONTRACTOR:
David T. Hamilton & Associates,Inc.
By. • �
ame )40z7e7A/
Title:/, 7)045.'►17--
BY: ; /A_
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Mme: 7EA1.5WI 6
Title: 0-Ecze7-4-.y
Address: l&'5/ Bagel&-7e._ . e vvL-
7brra�c e C71-- 9d._SD/
Two corporate officer signatures required when Contractor is a corporation,with one signature required
from each of the following groups: 1)Chairman of the Board,President or any Vice President;and 2)
Secretary,any Assistant Secretary,Chief Financial Officer or any Assistant Treasurer.CONTRACTOR'S
SIGNATURES SHALL BE DULY NOTARIZED,AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,ARTICLES OF INCORPORATION,OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY.
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01203.0006/306833.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On OC'E. ) ,2016 before me,cz to .�J NU1as1 `'bh-personally appeared Dk\IL,\ ,proved to me on the
basis of satisfactory evidence to be the person ) whose namesk is/hcee subscribed to the within instrument and
acknowledged to me that he/The/they executed the same in his/h'r1th authorized capacity(ii'sl,_and that by
his/htlteir signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand an fficial seal.
f .....«
....... SCOTT QUINN
COMM#2121643
u+ = NOTARY PUBLIC-CALIFORNIA
Signature:_ --Z� a V`'.'.� /; ORANGE COUNTY
My Commission Expires July 31,2019
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S) NUMBER OF PAGES
El GUARDIAN/CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING: DATE OF DOCUMENT
(NAME OF PERSON(S)OR ENTITY(IES))
SIGNER(S)OTHER THAN NAMED ABOVE
01203.0006/306833.1
Exhibit A
Schedule of Hourly Rates
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H
1641 Border Avenue,Torrance, CA 90501
I HAMILTON
& Associates (310)618-2190 (888)618-2190 Fax(310)618-2191
JANUARY 2015 FEE SCHEDULE
I
Geotechnical Fee Unit
Principal Geotechnical Engineer/Geologist $ 220.00 per hour
Senior Geotechnical Engineer/Geologist $ 180.00 per hour
Project Engineer/Geologist $ 165.00 per hour
Senior Staff Engineer/Geologist $ 135.00 per hour
Staff Engineer/Geologist $ 110.00 per hour
I
Forensic/Expert Witness(4-hr. min.) $ 350.00 per hour
Senior/Deputy Soils Technician(Non-Prevailing Wages) $ 95.00 per hour
Senior/Deputy Soils Technician(Prevailing Wages) $ 115.00 per hour
ISoils Technician(Non-Prevailing Wages) $ 85.00 per hour
Soils Technician(Prevailing Wages) $ 110.00 per hour
Laboratory Technician $ 85.00 per hour
Drafting $ 85.00 per hour
Office Services/Clerical $ 80.00 per hour
Special Inspection(Reinforced Concrete, Post Tension, Masonry, Steel Welding/Bolting,Epoxy, Fire Proofing)
IProject Manager $ 125.00 per hour
Project Coordinator �$ 95.00 per hour
Special Inspection(Non-Prevailing Wages) $ 85.00_ per hour
Special Inspection(Prevailing Wages) $ 110.00 per hour
Expenses
Field Vehicle $ 0.60 I per mile
I Per Diem Local Government Rate
Reimbursables(Maps I Photos/Permits/Expendable Supplies,etc.) Cost+ 15%
Outside Equipment(Drill Rig/Backhoe/Monitoring Equipment,etc.) Cost+ 15%
Laboratory Testing
Atterberg Limits(ASTM 04318) $ 110.00 _ flat fee
Consolidation Test-(ASTM D2435)+25%for Time-Rate Readings ` $ 175.00 flat fee
Corrosivity(Sulfate,Cl,pH, Resistivity) $ 130.00 flat fee
Concrete Cylinder Compression Test(ASTM C39)+Pickup($16/visit) $ 20.00 flat fee
Direct Shear Test(ASTM D3080)-Fast(+25%for Slow Test) $ 190.00 flat fee
• Expansion Index(ASTM D4829) $ 100.00 flat fee
Maximum Density-A/B/C(ASTM D1557 or Cal 218) $ 170.00 flat fee
Moisture Content(ASTM D2216) $ 10.00 flat fee
Moisture Content&Density(ASTM D2937) $ 15.00 flat fee
Hydraulic Conductivity(ASTM D5084) $ 300.00 flat fee
Sand Equivalent(ASTM D2419 and Cal 217) $ 85.00 flat fee
Sieve with Hydrometer(ASTM D422) $ 125.00 flat fee
Sieve without Hydrometer(ASTM C136) $ 75.00 flat fee
Specific Gravity(ASTM D854) $ 75.00 flat fee
I
Sulfate $ 50.00 flat fee
-Regular Field Hours: Monday-Friday 7:00am-4:00pm
I -Minimum Field Charges:4-hr. min.charge portal-to-portal for 0-4 hrs. For time over 4-hrs, 8-hrs will be charged.2-hr min. if
not cancelled two(2) hrs. prior to arrival. 2-hr.min.for Sample Pick-Up.
-Overtime Hours: 1.5 x regular rate over 8 hrs/day, nights,and Sat. 2.0 x regular rate on Sun. and holidays.
-Travel time to and from the job site will be billed at the personnel hourly rates.
-Field work will be billed on a time and materials basis unless otherwise quoted.
-Laboratory test rates do not include sampling time or cost of equipment to secure the samples.
-Certified Payroll is billed at$100.00 per occurance(weekly, monthly,etc.)
-Payment due thirty(30)days of invoice,then Past Due with a finance charge of 1.5%per month(18%annual).
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