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Rigg Consulting (Jul 2014) CITY OF RANCHO PALOS VERDES ON-CALL PROFESSIONAL/TECHNICAL SERVICES AGREEMENT THIS AGREEMENT("Agreement") is made and entered into this 15th day of July, 2014, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and Rigg Consulting (hereafter referred to as "CONSULTANT"). IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Project Description The Project is described as on-call services as follows: Provide City Engineering services to include report and plan reviews, site reviews, developing comments and reports and providing NPDES review as requested by Staff. 1.2 Description of Services CONSULTANT shall: provide engineering services in accordance with the CITY's Request for Proposals,which is attached as Exhibit"A"and incorporated herein by this reference, and CONSULTANT'S Proposal,which is attached hereto as Exhibit"B"and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. In the event of any conflict between Exhibits "A" and "B," the terms of Exhibit "A" shall control. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due diligence the services requested by the CITY. Time is of the essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSULTANT's control or without CONSULTANT's fault. ARTICLE 2 COMPENSATION 2.1 Fee Page 1 of 11 R6876-0001\1726340v2doc Agreement for On-Call Professional/Technical Services CITY agrees to compensate CONSULTANT in accordance with CONSULTANT's Schedule of Hourly Rates, which is within Exhibit"A," and shall meet or exceed prevailing wage rates, but shall not exceed twenty-five thousand dollars ($25,000) per single project and in any case shall not exceed sixty thousand dollars ($60,000) per fiscal year for services as described in Article 1. 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"B"shall be in effect through the end of the Agreement. 2.2 Payment Address All payments due CONSULTANT shall be paid to: Rigg Consulting 6903 Cherty Drive Rancho Palos Verdes, CA 90275 2.3 Terms of Compensation CONSULTANT shall submit monthly invoices for the work completed in the previous month. CITY agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to notify CONSULTANT of any disputed invoice amounts within ten (10)days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount shall not be deemed a waiver of CITY's right to challenge such amount. Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice. 2.4 Prevailing Wages CITY and CONSULTANT acknowledge that this project is a public work to which prevailing wages apply. The Terms for Compliance with California Labor Law Requirements is attached hereto as Exhibit "C" and incorporated herein by this reference. 2.5 Term of Agreement � '✓ThisAgreement shall commence on July 1,2014 and shall terminate on June 30, unless sooner terminated pursuant to Article 4 of this Agreement. Page 2 of 11 R6876-0001\1726340v2doc Agreement for On-Call Professional/Technical Services ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification, Hold Harmless, and Duty to Defend (a) Indemnity for Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, CONSULTANT shall hold harmless and indemnify CITY, and its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and designated volunteers (collectively, "Indemnitees"),with respect to any and all claims,demands,causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. (b) Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Section 3.1(a), and to the maximum extent permitted by law, CONSULTANT shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY, as determined by final arbitration or court decision or by the agreement of the parties. CONSULTANT shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of CITY's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 3.1(b) shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees. (c) All duties of CONSULTANT under Section 3.1 shall survive termination of this Agreement. 3.2 General Liability CONSULTANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars($2,000,000)general aggregate for bodily injury,death, loss or property damage for products or completed operations and any and all other activities undertaken by CONSULTANT in the performance of this Agreement. Said policy Page 3 of 11 R6876-000111726340v2doc Agreement for On-Call Professional/Technical Services or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.3 Professional Liability CONSULTANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars($1,000,000)per claim and aggregate for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on the CITY's behalf until three(3)years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3)years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSULTANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance,with minimum of one million dollars($1,000,000) per claim and occurrence and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000) for property damage arising from one incident. . Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.5 Worker's Compensation CONSULTANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.6 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30) days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, CONSULTANT shall provide immediate notice to the City if it receives a Page 4 of 11 R6876-000111726340v2doc Agreement for On-Call Professional/Technical Services cancellation or policy revision notice from the insurer. (b) CONSULTANT agrees that it will not cancel or reduce any required insurance coverage. CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon. 3.7 Entire Policy and Certificate of Insurance At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability policy shall contain endorsements naming the CITY, its officers,agents and employees as additional insureds. 3.8 Primary Coverage The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The insurance policies (other than workers compensation and professional liability) shall include provisions for waiver of subrogation. ARTICLE 4 TERMINATION 4.1 Termination of Agreement (a) This Agreement may be terminated at any time,with or without cause, by the CITY upon thirty(30)days prior written notice or by CONSULTANT upon ninety(90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.15. (b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement as determined by the CITY, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULTANT for the full performance of the services described in this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS Page 5 of 11 R6876-000111726340v2doc Agreement for On-Call Professional/Technical Services 5.1 Ownership of Documents and Work Product All final documents, plans, specifications, reports, information,data,exhibits, photographs, images, video files and media created or developed by CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY,and its elected officials, officers, employees,servants,attorneys,designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non- infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Project, the CONSULTANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a Page 6 of 11 R6876-0001\1726340v2doc Agreement for On-Call Professional/Technical Services printed format and in an electronic format that is acceptable to the CITY. ARTICLE 6 GENERAL PROVISIONS 6.1 Representation The CITY representative shall be the Director of Public Works or his or her designee, and CONSULTANT shall notify CITY of CONSULTANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. 6.2 Fair Employment Practices/Equal Opportunity Acts In the performance of this Agreement, CONSULTANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code §§ 12940-48), the applicable equal employment provisions of the Civil Rights Act of 1964(42 U.S.C. § 200e-217), and the Americans with Disabilities Act of 1990 (42 U.S.C. § 11200, et seq.). 6.3. Audit The CITY or its representative shall have the option of inspecting, auditing,or inspecting and auditing all records and other written materials used by CONSULTANT in preparing its billings to the CITY as a condition precedent to any payment to CONSULTANT. CONSULTANT will promptly furnish documents requested by the CITY. Additionally, CONSULTANT shall be subject to State Auditor examination and audit at the request of the CITY or as part of any audit of the CITY, for a period of three (3)years after final payment under this Agreement. 6.4 Personnel CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall CONSULTANT be responsible for its associates and subcontractors' services. 6.5 CONSULTANT's Representations Page 7 of 11 R6876-0001\1726340v2doc Agreement for On-Call Professional/Technical Services CONSULTANT represents, covenants and agrees that: a)CONSULTANT is licensed, qualified, and capable of furnishing the labor, materials,and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b)there are no obligations, commitments, or impediments of any kind that will limit or prevent CONSULTANT's full performance under this Agreement; c) to the extent required by the standard of practice, CONSULTANT has investigated and considered the scope of services performed, has carefully considered how the services should be performed, and understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 6.6 Conflicts of Interest CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve(12) months after completion of the work under this Agreement which is or may likely make CONSULTANT"financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement. 6.7 Legal Action (a) Should either party to this Agreement bring legal action against the other,the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California,excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement,the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6.8 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULTANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSULTANT shall hold Page 8 of 11 R6876-0001\1726340v2doc Agreement for On-Call Professional/Technical Services harmless, defend and indemnify the CITY and its officers, officials,employees,agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. Notwithstanding the above, CONSULTANT may use the services of persons and entities not in CONSULTANT's direct employ,when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSULTANT's use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance. 6.9 Independent Contractor CONSULTANT is and shall at all times remain, as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set forth, and CONSULTANT is free to dispose of all portions of its time and activities which it is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSULTANT wishes except as expressly provided in this Agreement. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation law regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify and hold the CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to the CITY from CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.10 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.11 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or Page 9 of 11 R6876-0001\1726340v2doc Agreement for On-Call Professional/Technical Services breach may be waived, only by subsequent written agreement signed by both parties. 6.12 Construction In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.13 Non-Waiver of Terms, Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the CITY of any payment to CONSULTANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONSULTANT, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 6.14 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.15 Notice Except as otherwise required by law, any payment, notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during CITY's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Responsible Person: Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSULTANT: Responsible Person: Allan Rigg Address: 6903 Cherty Drive, Rancho Palos Verdes, CA 90275 Page 10 of 11 R6876-0001\1726340v2doc Agreement for On-Call Professional/Technical Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: O\Y,\5 Rigg Consulting ("COU LTANT") By: (1) Printed Name: C.kst 2`Ly Title: r t.,..t i a By: Printed Name: Title: Dated: 6)4CITY OF RANCHO PALOS VERDES ("CITY") . Mayor ATTEST: -- APPROVED AS TO FORM: A -7 By: L � / � ' � By• City Clerk City Attorney Page 11 of 11 R6876-0001\1726340v2doc Agreement for On-Call Professional/Technical Services Exhibit "A": CITY's Request for Proposals R6876-0001\1726340v2doc Agreement for On-Call Professional/Technical Services Exhibit"A" May 30, 2014 Rigg Consulting Attention:Allan Rigg Via email Dear Alan: The City of Rancho Palos Verdes would like to include your firm on its list of authorized On-Call consultants. Accordingly we are requesting a copy of your Statement of Qualifications specific to the public works related Engineering Deisgn, Plan Check, Report Analysis and other relevant services your firm provides and the associated hourly rates. In July 2014 the Public Works Department will be asking the City Council to approve contractual agreements with several On-Call service providers (a copy of the most current contract is attached this contract may be revised by the City Attorney prior to City Council authorization of the contracts. If this occurs staff will provide you with a copy of the revised standard On-Call agreement). This requires that we receive the requested information within 7 working days (by June 6). If you should have any questions or I can be of assistance, please contact me vie email at rond@rpv.com. The City reserves the right to reject any or all Statements of Qualifications. Thank you, Ron Dragoo Senior Engineer Exhibit "B": CONSULTANT's Proposal, including Schedule of Hourly Rates R6876-0001\1726340v2doc Agreement for On-Call Professional/Technical Services Exhibit"B" Rigg Consulting June 6,2014 Rigg Consulting Attention:Allan Rigg 6903 Cherty Drive Rancho Palos Verdes,CA 90275. Mr. Ron Dragoo City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 Re:.Statement of Qualifications Dear Ron, Thank you for the opportunity to propose my Statement of Qualifications to perform Public Works and Engineering services for the City of Rancho Palos Verdes. I am excited to provide these services for you and am committed to your satisfaction. Over the past ten years I have assisted the City of Rancho Palos Verdes on a variety of issues, primarily with the review of designs and studies. While performing these duties I have enjoyed working with a very professional and dedicated staff, and believe I have earned their respect over the years. As I am a sole proprietor,my Statement of Qualifications only involves my services and experience. If the City assigns work to my finn,it is guaranteed that I will be performing the work. Experience For fourteen years I served as the Public Works Director and City Engineer for the adjacent City of Palos Verdes Estates. As such I am extremely familiar with all the peculiarities of working on the Peninsula,whether it be geologic issues,utility company standards and processes, Los Angeles County requirements,and working with an affluent community with high expectations. More specifically,I managed the City's Public Works,Planning, Code Enforcement,and Building and Safety Departments. I developed and managed Capital Improvement Programs, including Pavement Management System, Sewer Master Plan,and Storm Drain Master plan. Rigg Consulting Additionally I provided direction to and prepared staff reports for the City's Planning Commission,Parldands Committee,.Traffic Safety Committee,and City Council. Prior to working with the City of Palos Verdes Estates I primarily worked for design engineering companies for eleven years, My design experience gives nye an added ability to understand that the challenges of design go far beyond simple code compliance and helps me guide projects to become better through the review process. Additionally I managed major public and private developments,including residential,commercial, industrial, and infrastructure projects. Projects include sewer,water, and storm drain design and construction,master planning for a 1000-acre subdivision,facilities at two major college campuses,and a 24-story office building. I have been responsible for managing a team.comprised of up to ten engineers and was responsible for creating both design budgets and construction estimates,and for the administration of QA/QC procedures. I was published in ENR and Civil Engineering magazines for assistance in obtaining FEMA funds for a project at Cal State Northridge Services Some of the roles I can fill the typical duties of are as follows: • Public Works Director • City Engineer • Senior Engineer • Plan.Checker • Project/Construction Engineer • Public Works Contracting • Grant Funding Applications • AB 939 implementation. • NPDES Review My experience in development review includes review starting at the entitlement stage and Which.runs through construction document preparation,construction,and inspection. As I am not only a Registered Civil Engineer but also a Certified Planner, I am sensitive to the needs of not only the Engineering Department but also conformance with and sensitivity to the needs of the Planning Department. Rate My rate to provide these services is$130 per hour. For large tasks I can provide lump sum proposals. Rigg Consulting Please let me know if you have any questions and I look forward to serving our City. Respectfully submitted, GGAONSULTING Allan Rigg,PE AICP Principal Exhibit "C": Terms for Compliance with California's Labor Law Requirements 1. CONSULTANT acknowledges that the project as defined in this Agreement between Contractor and the CITY, to which this Terms for Compliance with California Labor Law Requirements is attached and incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, CONSULTANT acknowledges that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b)the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. CONSULTANT shall perform all work on the project as a public work. CONSULTANT shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below,whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. CONSULTANT acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONSULTANT shall post such rates at each job site covered by this Agreement. 4. CONSULTANT shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. CONSULTANT shall, as a penalty to the CITY, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by CONSULTANT or by any subcontractor. 5. CONSULTANT shall comply with and be bound by the provisions of Labor Code Section 1776, which requires CONSULTANT and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the CITY of the location of the records. 6. CONSULTANT shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. CONSULTANT shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, R6876-0001\1726340v2doc Agreement for On-Call Professional/Technical Services Exhibit"C" CONSULTANT shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within sixty(60)days after concluding work pursuant to this Agreement, CONSULTANT and each of its subcontractors shall submit to the CITY a verified statement of the journeyman and. apprentice hours performed, under this Agreement. r 7. CONSULTANT acknowledges that eight (8) hours labor constitutes a legal day's work. CONSULTANT shall comply with and be bound by Labor Code Section 1810. CONSULTANT shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. CONSULTANT shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by CONSULTANT or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight(8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815,work performed by employees of CONSULTANT in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1/2 times the basic rate of pay. 8. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONSULTANT hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 9. For every subcontractor who will perform work on the project, CONSULTANT shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and CONSULTANT shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. CONSULTANT shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. CONSULTANT shall diligently take corrective action to halt or rectify any failure. 10. To the maximum extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend (at CONSULTANT's expense with counsel reasonably acceptable to the CITY) the CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other R6876-0001\1726340v2d oc Agreement for On-Call Professional/Technical Services Exhibit"C" amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONSULTANT, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys'fees, and other related costs and expenses. All duties of CONSULTANT under this Section shall survive termination of the Agreement. R6876-000111726340v2doc Agreement for On-Call Professional/Technical Services Exhibit"C"