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Rigg Consulting (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 Rigg Consulting, 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 July 15, 2014 ("Agreement") whereby Contractor agreed to provide On-call Engineering services to include report and plan reviews, site reviews, developing comments and reports and providing NPDES review as requested by Staff(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 Twenty-Five Thousand Dollars 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 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 - 1- 01203.0006/306833.1 no written or oral modifications to the Agreement other than as provided herein. Each party 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] -2- 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 ✓L �� _ .tet Mayor ATTEST: �ehlnf / , City Clerk APPROVED AS TO FORM: ALESHIRE &WYNDER, LLP -7fr Dave Ales '_e, City Attorney CONTRACTOR: Rigg C ulting By: Name: p\\& Title: - ( �a'1nG� By: Name: Title: Address: CCS Cel., c- _- , GA- clujZ -7 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. -3- 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 ``�'� � p,� �p n p ,� P�v-1dt f-a+-9\d�MtG� On ► 1� ,) 2016 before me,���'iJ�" r,pully appeared ,proved t on the basis of Wtisfactory evidence to be the person(s) whose names(s) is/a subscribed to the within instrument and acknowledged to me that he/s11e/t y executed the same in his/ /kir authorized capacity(ies), and that by his/h1r/th it signature(s) on the in trument the person(s), or the erftity upon behalf of which the person(s) acted, execrated 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 and official seal. tfribembediabibisholl++"1f1AESH PATEL �� Commission#2144345 Signature: / /A a• �N Notar Public-California z V /, _ Z z '-.Prj Orange County M Com .E rss Mar 26,2020 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 Thrfr neckeqwt ,, cQ iskg 1 TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) 0 LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ 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 A - 1 Hourly Rates & Costs Rigg Consulting 6903 Cherty Drive Rancho Palos Verdes,CA 90275 Services Rate Public Works Director $130/hr. City Engineer $130/hr. Senior Engineer $130/hr. Plan Checker $130/hr. Project/Construction Engineer $130/hr. Public Works Contracting $130/hr. Grant/Funding Applications $130/hr. AB 939 Implementation $130/hr. NPDES Review $130/hr. "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: For large tasks consultant will provide lump sum proposals. A - 2