John David Cicchetti (On-call) AMENDMENT NO.2
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES
("Amendment No. 2") by and between the CITY OF RANCHO PALOS VERDES ("City")
and JON DAVID CICCHETTI, a sole proprietorship ("Consultant"), is effective as of the 18th
day of December, 2018.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services
dated August 4, 2015 through June 30, 2021 the ("Agreement"), whereby Consultant agreed to
provide on-call Landscape Architectural Services for an annual not-to-exceed amount of
$60,000.
B. City and Consultant entered into an amendment to the Agreement, dated July 31,
2018,to increase compensation for Fiscal Year 2018-19 to $200,000 to accommodate Landscape
Architectural Services associated with the Hawthorne Boulevard Beautification Project
(Amendment No. 1).
C. City and Consultant now wish to further amend the Agreement to articulate the
scope of work for Landscape Architectural Services for the Hesse Park Improvements Project;
no change to the annual compensation is required.
TERMS
1. Contract Changes. The Agreement, as amended, is again amended as provided
herein. Deleted text is indicated in strikethfeugh and added text in bold italics.
a. Section 1.1, Project Description, of Article 1, Scope of Services, is
amended to read:
"The Project is described as on-call services as follows: providing Landscape
Architectural services.
CONSULTANT shall, in provide landscape architectural services for the
following projects during FY 2018-19: (1) Hawthorne Boulevard Landscape
Median Project, during FY 2018 19 in conformance with Exhibit "A-1" to this
Agreement, attached hereto and incorporated by reference; (2) Hesse Park
Improvement Project, in conformance with Exhibit "A-2" to this Agreement,
attached hereto and incorporated by reference."
b. Exhibit "A-2", Scope of Services and Compensation for the Hesse Park
Improvement Project,FY 2018-19, is added to the Agreement as follows:
A-1
"EXHIBIT"A-2"
Scope of Services and Compensation for the Hesse Park Improvement Project, FY 2018-19
1. SCOPE OF WORK
Provide Landscape Architectural Services for the Hesse Park Improvement Project. The
services of the Consultant shall be phased and completed as follows. The City's Contract
Officer shall furnish site and building information as necessary.
A. Site Inventory and Analysis Phase(30%).
(1) Prepare landscape base sheets using plans and data provided by the City of
Rancho Palos Verdes.
(2) Project kickoff meeting: attend a kickoff meeting at the City and prepare a
meeting agenda including lines of communication between the City,
Consultant, utility agencies, and other agencies involved in the project and
discuss the project requirements, scope of work, and schedule. Prepare and
distribute meeting minutes highlighting any action items.
(3) Review existing records: Review existing records, including but not
limited to the Hesse Park Master Plan, street base maps, and community
meeting notes.
(4) Utility Coordination: Coordinate with utility agencies throughout the
design phase. If the proposed improvements interfere with existing
utilities, consultant will arrange for potholing by the utility to accurately
represent its location on the construction documents. If required, obtain
any permit(s)that may be required for creation of construction documents
for the Project, from any agency or utility.
(5) Perform site visit to observe existing conditions.
B. Design Phase(70%).
(1) Based on approved improvement program, prepare design plans. Prepare
overall preliminary plan depicting landscape concepts for City review.
Provide color renderings of design plan. Includes blow-ups and sections to
illustrate details of the scheme.
(2) Coordinate with Public Works staff on storm water treatment concept.
(3) Prepare preliminary opinion of probable costs.
(4) Attend two City/Team meetings.
Deliverables:
01203.0006/523023.4 -2-
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a. 1"=20' scale plan delineating planting and hardscape areas
b. Preliminary detailing and blow up plans
c. Catalogue cuts and materials specifications
C. Construction Document Phase(100%).
(1) Update base sheets per approved design plan. Construction document
package shall include:
a. Demolition Plan
b. Landscape construction and drainage plan and details. (LID and
WELO included) (Park Signage)
c. Planting plan and details
d. Irrigation plan and details
(2) Attend two City/Team meetings
Note: Structural, Mechanical, Electrical, Civil Engineering services are not
included.
D. Construction Phase.
(1) Review plant material which can include visiting nurseries and/or
coordination with nursery representative to secure quality plant material.
(2) If authorized by the City's Contract Officer, Consultant will make visits to
the site to familiarize himself generally with the progress and quality of
the work and to determine in general if the work is proceeding in
accordance with the contract documents. On the basis of his on-site
observations, Consultant he will keep the City's Contract Officer informed
of the progress of the work, and will endeavor to guard the City against
any defects or deficiencies in the work of the construction contractor.
Consultant will not be responsible for construction means, methods,
techniques, sequences of procedures, or for safety precautions and
programs in connection with the work and he shall not be responsible for
the construction contractor's failure to carry out the Work in accordance
with the Contract Documents.
(3) Construction administration, which includes providing Field Reports as
required by the City's Contract Officer, coordination, and shop drawing
review.
E. Deliverables.
01203.0006/523023.4 -3-
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(1). All plans shall be delivered to the City's Contract Officer in both printed
and electronic formats. Electronic submittals shall include *.pdf and *.dwg
files and shall be compatible with the City's GIS system.
(2) Prepare Engineer's Estimate:
a. Consultant shall submit preliminary quantities and construction
cost estimate at the 30% and final design submittals. Unit prices
will be based upon the most current cost information for a recent,
similar project. The final quantity/cost estimate will be based on
the final construction plans and submitted with the 100%
submittal. Cost estimates shall include a 5%contingency.
b. Note: The engineering design budget for this project is $50,000.
Consultant shall compare its estimated construction costs for the
30% and 100% submittal to the available budget. If Consultant's
estimated costs exceed the available budget, Consultant shall
inform the City's Contract Officer and provide recommendations
for costs reduction or adjustment.
(3) Prepare technical specifications and special provisions:
a. Specifications shall be delivered to the City both in printed format
and electronically. All documents shall be prepared in Microsoft
Word format. Any other computer generated documents, including
plans and calculations, shall be submitted electronically in a format
acceptable to the City of Rancho Palos Verdes (i.e. spreadsheets -
Microsoft Excel and CAD drawings-AutoCAD).
a. Specifications for this project shall contain requirements of the
contractor consistent with the provisions of the National Pollutant
Discharge Elimination System (NPDES),the Clean Water Act, and
the APWA Green Book.
(4) Final Deliverables&As-Builts:
Prepare one set of reproducible plans for construction. At the end
of the construction, prepare "As-Built" mylars and submit final
drawings electronically on CD in CAD &PDF formats at the close
of the project
(5) Construction Project Schedule:
Consultant shall create the schedule using in MicroSoft Project or
similar and must submit the schedule in both electronic and hard
copy format to the City's Contract Officer. Scheduling shall take
into account City holidays, street sweeping, and trash collection
days.
01203.0006/523023.4 -4-
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(6) Construction Assistance:
During the construction phase, the construction contractor may
have design questions, RFI's, or submittal reviews that can best be
answered by Consultant. Consultant shall provide responses as
needed.
2. COMPENSATION
A. Site inventory Phase(30%) $4,500
B. Design Phase(70%) $6,800
C. Construction Document Phase(100%) $12,000
D. Construction Phase-Time and Materials Basis Not to Exceed $5,000
TOTAL $28,300
E. Payment
(1) Project to be invoiced monthly based on percentage of work completed.
(2) Invoices are due and payable upon receipt.
3. ADDITIONAL SERVICES
A. If, after a scheme has been approved, City makes a decision which, for its
proper execution, involves additional services and expenses for changes to
the drawings or other documents, or if Consultant be put to labor or
expense by delays caused by City or a Consultant, or by the delinquency
or insolvency of either, the Consultant is to be equitably paid by City for
such additional service and expense.
B. Compensation for additional services shall be at the following hourly
rates:
Principal $150
Planner $120
Landscape Architect $120
Senior Staff $100
Draftsperson $80
Clerical $50
01203.0006/523023.4 -5-
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2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2,
all provisions of the Agreement,as amended, shall remain unchanged and in full force and effect.
From and after the date of this Amendment No. 2, whenever the term "Agreement" appears in
the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 & 2 to the
Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement, as amended. Each party represents and warrants to the other that
there have been no written or oral modifications to the Agreement, as amended, other than as
provided herein. Each party represents and warrants to the other that the Agreement is currently
an effective,valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 2,
City is not in default of any material term of the Agreement, as amended, 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, as amended.
City represents and warrants to Consultant that, as of the date of this Amendment No. 2,
Consultant is not in default of any material term of the Agreement, as amended, 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, as amended.
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 No. 2.
5. Authority. The persons executing this Amendment No. 2 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 Amendment No. 2 on behalf of said party, (iii) by so executing this
Amendment No. 2 , such party is formally bound to the provisions of this Amendment No. 2 ,
and (iv) the entering into this Amendment No. 2 does not violate any provision of any other
agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01203.0006/523023.4 -6-
A-6
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
City Manager
ATTEST:.
aCler l
_APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
66'h -------
Ci y Attome
CONSULTANT:
Jon David Cicchetti
By: if
. e: Jon David Cicchetti
le: Principal
Address:
140 Linden Avenue, Suite 286
Long Beach, CA 90802
Two corporate officer signatures required when Consultant 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. CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY I'HE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01203.0006/523023.4 -7-
A-7
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 N„Z�telt,46I$'before me,l,,sw 110,11,,A1okr (p r orally eared.)Q„ pa,,,;d tler4..�i proved to me on
the(asis of satisfactory evidence to be the person(sYwhose n (s)is of subscribed to the within instrument and
ac owledged to me that/ she/they executed the same Vier t%heir authorized capacity ' , and that by
i er/their signature th the instrument the perso ), orn a entity upon behalf of which e person(s) ted,
ac
the instrumqht.
I certify under PENALT PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
LISA MENQOZA
' ° 45
WITNESS my hand an o al seal. c ._ ;-�,:i;;,� COMM.#2258109
NOTARY PUBLIC*CALIFORNIA
Signature: 11 ``�`,,.,: > Myr ogo.irT.222_.
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 %froittl�#L
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) El LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
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SIGNER IS REPRESENTING:
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01203.0006/523023.4
A-8
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 , 2018 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s)whose names(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 and official seal.
Signature:
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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 OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
El ATTORNEY-IN-FACT
❑ TRUSTEE(S)
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El OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01203.0006/523023.4
A-9
AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES
("Amendment No. 1")by and between the CITY OF RANCHO PALOS VERDES("City")and
Jon David Cicchetti, a sole proprietorship ("Consultant"), is effective as of the 31St day of July,
2018.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services
dated August 4, 2015 through June 30, 2021 the ("Agreement"), whereby Consultant agreed to
provide on-call Landscape Architectural Services for an annual not-to-exceed amount of$60,000.
B. City and Consultant now desire to amend the Agreement to compensation for Fiscal
Year 2018-19 to $200,000 to accommodate design services associated with the Hawthorne
Boulevard Beautification Project.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strikegh and added text in bold italics.
a. Section 1.1, Project Description, of Article 1, Scope of Services, is
amended to read:
"The Project is described as on-call services as follows: providing Landscape
Architectural services.
CONSULTANT shall,in addition,provide landscape architectural services for the
Hawthorne Boulevard Landscape Median Project during FY 2018-19 in
conformance with Exhibit "A-1" to this Agreement, attached hereto and
incorporated by reference."
b. Section 2.1.1. of Article 2, Compensation,is amended to read:
"2.1.1 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, and in any case an amount not to exceed Sixty Thousand
Dollars($60,000)per fiscal year,except for FY 2018-19,for which compensation shall not
exceed Two-hundred Thousand Dollars($200,000), 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 A shall be in
effect through the term of this agreement."
c. Exhibit "A-1", Scope of Services and Compensation for the Hawthorne
Boulevard Landscape Median Project,FY 2018-19, is added to the Agreement as follows:
"EXHIBIT"A-1"
Scope of Services and Compensation for the Hawthorne Boulevard Landscape Median
Project,FY 2018-19
Project Scope: Provide landscape architectural services for the existing landscape
medians on Hawthorne Blvd.from Palos Verdes Drive West to Crest Road to include design for the
beautification of Hawthorne Boulevard by removing the existing green asphalt in the median and
installing drought tolerant landscaping with a series of bio-swales or other environmentally green
design features to divert and to treat, pursuant to state water quality requirements and runoff from
Hawthorne Boulevard.City wants to create a naturalized landscape treatment.(No Irrigation will be
provided)
1. The services of the Consultant shall be phased and completed as noted below:
A. Schematic Design Phase(30%submittal)
(1) Prepare landscape base sheets using plans and data provided by the City of
Rancho Palos Verdes. The City shall provide copies of as-builts of street
improvement plans that include utilities within the street right of way.
(2) Notify utility companies.
(3) Perform site visit to observe existing conditions.
(4) Prepare overall preliminary plan depicting landscape concepts for City
review. Provide color rendering of design plan. Includes blow-ups and sections to
illustrate details of the scheme.
(5) Coordinate with Public Works staff on storm water treatment concept
(6) Prepare preliminary opinion of probable costs.
(7) Attend Two(2) City/Team meetings.
(8) Attend One(1)public presentation
B. Design Development Phase(70% submittal)
(1) Based on approved schematic design concept prepare final design plans.
(2) Notify utility companies.
Package to include:
a. 1"=20' scale plan delineating planting and hardscape areas
b. Preliminary detailing and blow up plans
01203.0006/512498.1 -2-
c. Catalogue cuts and materials specifications
(2) Update opinion of probable costs.
(3) Attend One(1) City/Team meeting.
C. Construction Document Phase (100%submittal)
(1) Prepare construction document package base sheets based on approved final
design plans. Construction document package shall include:
a. Demolition Plan
b. Coordination of agronomic soils testing to determine depth of soil removal
below asphalt.
c. Landscape construction plan and details. (LID and WELO included)
d. Landscape lighting plan and details.
e. Planting plan and details.
f. Optional Irrigation plan and details. Work to include coordination with
electrical engineer for electrical service location.
g. Specifications for public works bid documents.(includes traffic control plan)
(2) Notify utility companies.
(3) Attend two (2) City/Team meetings.
(4) City submittals and coordination by others.
Note: Structural,Mechanical,Electrical,Civil Engineering services are not included.
D. Construction Phase
(1) Plant selection which can include visiting nurseries and/or coordination with
nursery representative to secure quality plant material.
(2) If authorized by City' Contract Officer,Consultant will make visits to the site
to familiarize himself generally with the progress and quality of the Work
and to determine in general if the Work is proceeding in accordance with the
Contract Documents.On the basis of his on-site observations as a Consultant
he will keep City's Contract Officer advised of the progress of the Work,and
will endeavor to guard the City against any defects or deficiencies in the
Work of the Contractor. Consultant will not be responsible for construction
means, methods, techniques, sequences of procedures, or for safety
precautions and programs in connection with the Work and he will not be
01203.0006/512498.1 -3-
responsible for the Contractor's failure to carry out the Work in accordance
with the Contract Documents.
(3) Construction administration,which includes Field Reports,coordination and
shop drawing review.
2. COMPENSATION
A. Schematic Design Phase $7,500.00
B. Design Development Phase $9,000.00
C. Construction Document Phase $10,000.00*
Total: $26,500.00
* irrigation optional @ $8,000.00
D. Construction Phase- Time and Materials Basis Not to Exceed$6,000.00
E. Reimbursable Expenses(see section 5)Not to Exceed $1,000
F. Payment
(1) Project to be invoiced monthly based on percentage of work completed.
(2) Invoices are due and payable upon receipt.
3. RESPONSIBILITIES OF THE CITY SHALL INCLUDE:
A. Furnish site and building information.
B. Payment of contract fees, reimbursable expenses, and any charges for
approved additional services.
C. Payment of fees for securing approval of authorities having jurisdiction over
the project.
4. ADDITIONAL SERVICES
A. If, after a scheme has been approved, City makes a decision which, for its
proper execution, involves additional services and expenses for changes to
the drawings or other documents,or if Consultant be put to labor or expense
by delays caused by City or a Contractor,or by the delinquency or insolvency
of either,the Consultant is to be equitably paid by City for such additional
service and expense.
B. Compensation for additional services shall be at the following rates:
01203.0006/512498.1 -4-
Principal $150.00/hr
Planner 120.00/hr
Landscape Architect 120.00/hr
Senior Staff 100.00/hr
Draftsperson 80.00/hr
Clerical 50.00/hr
5. REIMBURSABLE EXPENSES
Reproduction of all documents, including but not limited to duplication of base
sheets and originals,postage and shipping charges,billed at cost.
• Mileage at$0.55 per mile."
2. Continuing Effect of Agreement.Except as amended by this Amendment No. 1,all
provisions of the Agreement shall remain unchanged and in full force and effect.From and after the
date of this Amendment No. 1,whenever the term"Agreement"appears in the Agreement,it shall
mean the Agreement, as amended by this Amendment No. 1 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant 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 represents
and warrants to the other that the Agreement is currently an effective,valid,and binding obligation.
Consultant represents and warrants to City that,as of the date of this Amendment No. 1,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 Consultant that, as of the date of this Amendment No. 1,
Consultant 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 No. 1.
5. Authority. The persons executing this Amendment No. 1 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 Amendment No. 1 on behalf of said party, (iii) by so executing this
Amendment No. 1 , such party is formally bound to the provisions of this Amendment No. 1 , and
01203.0006/512498.1 -5-
(iv)the entering into this Amendment No. 1 does not violate any provision of any other agreement to
which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01203.0006/512498.1 -6-
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
City Manager
ATTE
City Ca
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
� t())e(--- ---Th
City Attorne
CONSULTANT:
Jon David Cicchetti
By:
. -: Jon David Cicchetti
e: Principal
Address:
140 Linden Avenue, Suite 286
Long Beach,CA 90802
Two corporate officer signatures required when Consultant 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. CONSULTANT'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 CONSULTANT'S BUSINESS ENTITY.
01203.0006/512498.1 -7-
ALL-PURPOSE ACKNOWLEDGMENT
•r;.
'T) 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
6 validity of that document.
State of California
SS.
County of LoS / i)6E-LES
On Z. ' cc:P 3f 1 Zo/2' , before me, NOSH OSH )/9I9/ "/V/ii - ------, Notary Public, 'x'
DATE
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personally appeared pill Y/9 V19 CI CCBETT I . ,who proved to me on the
basis of satisfactory evidence to be the personGs") whose name(/) is/ape subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/ha#rrr r authorized capacity(igs), and that
by his/�eyir signature(s!) on the instrument the
person(A, or the entity upon behalf of which the
person() acted, executed the instrument.
QI certify under PENALTY OF PERJURY under the
s _ laws of the State of California that the foregoing
►� JIGNESH DADHANIA paragraph is true and correct. x.
i — a�-t=' Zy COMM #2254981 x
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APA01:2015 NOTARY BONDS.SUPPLIES AND FORMS AT HTTP_:`WWW.VALLEY-SIERR4.COM x'2_005-2015 VALLEY-SIERRA INSURANCE
CITY OF RANCHO PALOS VERDES
ON-CALL PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 4th day of August,
2015, by and between the City of Rancho Palos Verdes (hereinafter referred to as the
"CITY") and John David Cicchetti, a sole proprietor (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: providing
Landscape Architectural services.
1.2 Description of Services
CONSULTANT acknowledges that this Agreement is for on-call services,
and there is no certainty that CONSULTANT will be asked to perform any services
pursuant to this Agreement. CONSULTANT's Statement of Qualifications is attached
hereto as Exhibit A and incorporated herein by this reference. CONSULTANT shall
provide such on-call landscape architectural services as may be requested by CITY. In
the event of any conflict between the terms of this Agreement and incorporated
documents, the terms of this Agreement shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from CITY, CONSULTANT shall
perform with due diligence the services requested by 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.
1.4 Term of Agreement
This Agreement shall commence on August 4, 2015 and shall terminate on
June 30, 2021 unless sooner terminated pursuant to Article 4 of this Agreement.
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ARTICLE 2
COMPENSATION
2.1 Rates; Expense Reimbursement
2.1.1 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, and in any case an amount not to 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 A shall be in effect
through the end of the term of this Agreement.
2.1.2 CITY will not reimburse CONSULTANT for costs and expenses
unless such costs and expenses are previously approved by CITY.
2.2 Payment 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 the default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10) working days advance written notice.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnity
3.1.1 Indemnity for Design Professional Services. To the fullest extent
permitted by law, CONSULTANT shall, at its sole cost and expense, protect, indemnify,
and hold harmless CITY and its elected officials, officers, attorneys, agents, employees,
designated volunteers, successors, assigns and those CITY agents serving as
independent contractors in the role of CITY officials (collectively"Indemnitees"), from and
against any and all damages, costs, expenses, liabilities, claims, demands, causes of
action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever,
including fees of accountants, attorneys, or other professionals and all costs associated
therewith, and reimbursement of attorney's fees and costs of defense (collectively
"Liabilities"), whether actual, alleged or threatened, which arise out of, are claimed to arise
out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful
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misconduct of CONSULTANT, its officers, agents, servants, employees, subcontractors,
material men, contractors or their officers, agents, servants or employees (or any entity
or individual that CONSULTANT shall bear the legal liability thereof) in the performance
of design professional services under this Agreement by a "design professional," as the
term is defined under California Civil Code Section 2782.8(c)(2).
3.1.2 Other Indemnities.
(a) Other than in the performance of design professional services, and
to the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense,
defend, hold harmless and indemnify the Indemnitees from and against any and all
damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings,
judgments, penalties, liens, and losses of any nature whatsoever, including fees of
accountants, attorneys, or other professionals and all costs associated therewith and the
payment of all consequential damages (collectively "Claims"), in law or equity, whether
actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or
relate to the acts or omissions of CONSULTANT, its officers, agents, servants,
employees, subcontractors, materialmen, contractors or their officers, agents, servants
or employees (or any entity or individual that CONSULTANT shall bear the legal liability
thereof) in the performance of this Agreement, including the Indemnitees' active or
passive negligence, except for Claims arising from the sole negligence or willful
misconduct of the Indemnitees, as determined by final arbitration or court decision or by
the agreement of the Parties. CONSULTANT shall defend the Indemnitees in any action
or actions filed in connection with any Claim with counsel of the Indemnitees' choice, and
shall pay all costs and expenses, including all attorneys' fees and experts' costs actually
incurred in connection with such defense. CONSULTANT shall reimburse the
Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in
connection therewith.
(b) CONSULTANT shall pay all required taxes on amounts paid to
CONSULTANT under this Agreement, and indemnify and hold CITY harmless from any
and all taxes, assessments, penalties, and interest asserted against CITY by reason of
the independent contractor relationship created by this Agreement. CONSULTANT shall
fully comply with the workers' compensation law regarding CONSULTANT and
CONSULTANT's employees. CONSULTANT shall indemnify and hold CITY harmless
from any failure of CONSULTANT to comply with applicable workers' compensation laws.
CITY may offset against the amount of any fees due to CONSULTANT under this
Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's
failure to promptly pay to CITY any reimbursement or indemnification arising under this
Subparagraph (b).
(c) CONSULTANT shall obtain executed indemnity agreements with
provisions identical to those in this Section 3.1 from each and every subcontractor or any
other person or entity involved by, for, with or on behalf of CONSULTANT in the
performance of this Agreement. If CONSULTANT fails to obtain such indemnities,
CONSULTANT shall be fully responsible and indemnify, hold harmless and defend the
Indemnitees from and against any and all Claims in law or equity, whether actual, alleged
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or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the
acts or omissions of CONSULTANT's subcontractor, its officers, agents, servants,
employees, subcontractors, materialmen, contractors or their officers, agents, servants
or employees (or any entity or individual that CONSULTANT's subcontractor shall bear
the legal liability thereof) in the performance of this Agreement, including the Indemnitees'
active or passive negligence, except for Claims arising from the sole negligence or willful
misconduct of the Indemnitees, as determined by final arbitration or court decision or by
the agreement of the Parties.
3.1.3 Workers' Compensation Acts not Limiting. CONSULTANT's
obligations under this Article 3, or any other provision of this Agreement, shall not be
limited by the provisions of any workers' compensation act or similar act. CONSULTANT
expressly waives its statutory immunity under such statutes or laws as to CITY, its
officers, agents, employees and volunteers.
3.1.4 Insurance Requirements not Limiting. CITY does not, and shall not,
waive any rights that it may possess against CONSULTANT because of the acceptance
by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant
to this Agreement. This hold harmless and indemnification provisions in this Article 3
shall apply regardless of whether or not any insurance policies are determined to be
applicable to the Liabilities, Claims, tax, assessment, penalty or interest asserted against
CITY.
Survival of Terms. The indemnification in this Article 3 shall survive the
expiration or termination of this Agreement.
3.2 Insurance
3.2.1 General Liability Insurance
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. The 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.
3.2.2 Professional Liability Insurance
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. The 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
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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 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 CITY. Renewal or replacement policies shall not allow for
any advancement of such retroactive date.
3.2.3 Automobile Liability Insurance
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. The 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.
3.2.4 Worker's Compensation Insurance
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law. CONSULTANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.2.5 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, or ten (10) days notice if cancellation is due to nonpayment of premium.
CONSULTANT shall provide immediate notice to CITY, if CONSULTANT receives a
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 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.
3.2.6 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 policies are in effect in the required amounts. The commercial general
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liability policy shall contain endorsements naming CITY, its officers, agents and
employees as additional insureds.
3.2.7 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 CITY upon ten (10) 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) CONSULTANT shall cease all work under this Agreement on or
before the effective date of termination specified in the notice of termination. 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 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
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 CITY without restriction or limitation upon its use, duplication or dissemination
by 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 CITY without restriction or limitation upon their use, duplication or
dissemination by CITY. CONSULTANT shall not obtain or attempt to obtain copyright
protection as to any Written Products.
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CONSULTANT hereby assigns to CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in 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 CITY has full legal title to and the right to reproduce the Written
Products. CONSULTANT shall defend, indemnify and hold 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 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 CITY all Written Products and other deliverables related
to the Project without additional cost or expense to CITY. If CONSULTANT prepares a
document on a computer, CONSULTANT shall provide CITY with the document both in
a printed format and in an electronic format that is acceptable to 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
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Government Code Sections 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 CITY as a condition precedent to any payment to
CONSULTANT. CONSULTANT will promptly furnish documents requested by CITY.
Additionally, CONSULTANT shall be subject to State Auditor examination and audit at
the request of CITY or as part of any audit of 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
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.
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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 CITY. Any such purported assignment
without written consent shall be null and void, and CONSULTANT shall hold harmless,
defend and indemnify 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 CITY
provided CONSULTANT notifies CITY in advance.
6.9 Independent Contractor
CONSULTANT is and shall at all times remain, as to CITY, a wholly
independent contractor. Neither 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 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 CITY or otherwise act on behalf of CITY as an agent. CONSULTANT shall
not, at any time or in any manner, represent that it or any of its agents, servants or
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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 CITY harmless from any and all taxes,
assessments, penalties, and interest asserted against 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 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 CITY from CONSULTANT as a result of its failure to
promptly pay to 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
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 CITY of any payment to CONSULTANT
constitute or be construed as a waiver by 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 CITY shall in no way impair or prejudice any right or remedy available to CITY with
regard to such breach or default.
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•
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 notice, payment 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 Boulevard
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Responsible Person: Jon Cicchetti, Owner
JDC Landscape Architect
2760 Spring Street, Suite 110
Long Beach, CA 90806
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: 'f. i p ,20 �,5 John David Cicchetti, a sole proprietor
( CON.LTANT
"
BWit r • //y:
Print: Name: 14
Title: qC,f\c ; ?ct_I
By:
Printed Name:
Title:
Dated: /0/77; CITY OF RANCHO PALOS VERDES
("CITY")
By:
/or #
ATTEST: APPROVED AS TO FORM:
By: /4 if //
City Clerk City At o ey
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Exhibit A
Consultant's Statement of Qualifications, including Schedule of Hourly Rates
Exhibit A
R6876-0001\1857606v2.doc
I r
Pe"
LANDSCAPE ARCHITECT
2760 E SPRING STREET, SUITE 110 LONG BEACH, CALIFORNIA 90806
RECEIVED
June 15 2015 City of Rancho Palos Verdes
JUN 15 2015
Attn: Pam Mitchell
Cit of Public Works PUBLIC WORKS DEPARTMENT
v
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Re: Statement of Qualifications
Dear Ms. Mitchell:
Jon David Cicchetti Landscape Architect (JDCLA) is a Long Beach based
landscape architecture firm that has designed numerous park facilities and
streetscapes throughout Southern California.
We would like to be placed on your approved "On Call" list. If there are any ques-
tions or if additional information is needed, please contact us at your earliest
convenience. We appreciate the opportunity to submit our qualifications.
Sinr.PrPly
eiCrikei
i
Jon Cicchetti
Owner
cwclandarch@earthlink.net 562.989.1880 joncicchettilandscapearchitect.com
LANDSCAPE ARCHITECT
2760 E SPRING STREET, SUITE 110 LONG BEACH. CALIFORNIA 90806
FIRM INFORMATION
PRACTICE: JDC Landscape Architecture & Planning (JDCAL) founded by Jon Cicchetti
in 1987, is a Landscape Architecture company with clientele throughout the southwest.
Our group has the resources to facilitate the full spectrum of planning and design services.
The diverse experience and skills of our staff is a tremendous asset in addressing the
inter-relationship of land use, design, and environmental sustainability. The core members
of this team have been together for over 20 years. Subsequently each project receives the
advantages of principal level personnel working directly with the client.
We've completed public and private sector projects in a wide variety of settings.
Clients range from landowners and architects to school districts and cities. Over 50% of
the work we do is park and open space related with a large portion being pocket parks in
dense urban environments. Our dedication and passion will contribute to the success of
your project.
PHILOSOPHY: Our mission is to develop a "big idea" for each project regardless of its
size. We achieve this through a pro-active, collaborative process that identifies issues
and opportunities and evaluates alternate concepts, producing schemes that exceed ex-
pectations. We are committed to producing cost effective solutions in a timely manner.
PRINCIPAL SERVICES:
Urban Design • Sustainable Design • Landscape Architecture • Public Art • Planning
STAFF: 8 professional, technical and administrative staff.
RECOGNITION: Multiple awards from local and state professional organizations exem-
plify the strong design and planning capabilities of our group.
KEY PERSONNEL: Jon Cicchetti, Owner
REPRESENTATIVE CLIENTS:
City of Calimesa City of Riverside L.A. Neighborhood Land Trust
City of Compton City of Santa Fe Springs Los Angeles Unified School District
City of Covina City of Santa Monica Long Beach Unified School District
City of Downey City of Signal Hill Santa Monica Mountains Conser-
City of Irvine City of Torrance vancy
City of La Mirada City of Walnut State of California
City of Laguna Beach City of Yorba Linda
City of Lomita CSU, Long Beach
City of Long Beach CSU, Los Angeles
City of Los Alamitos County of Los Angeles
City of Pasadena Los Angeles Air Force Base
City of Rancho Palos Verdes L.A. County Office of Education
cwclandarch@earthlink.net 562.989.1880 joncicchettilandscapearchitect.com
YP&
LANDSCAPE ARCHITECT
2760 E. SPRING STREET, SUITE 110 LONG BEACH. CALIFORNIA 90806
FIRM STAFF
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JON CICCHETTI - Principal, Project Manager/ Design
Mr. Cicchetti has over thirty-five years of experience in urban design, park planning and
sustainable design.
His skills include site analysis, documentation, concept development, public art, commu-
nity participation, project management and construction administration. Jon has led multi-
disciplinary teams through complicated, agency coordination and approvals.
Education:
Graduate studies in Master of Architecture, University of California at Los Angeles, CA
Bachelor of Science. Landscape Architecture, Cal Poly University, Pomona. CA. - 1978
Associate in Arts, Architecture, Pierce College, Woodland Hills, CA. - 1975
Professional Experience:
Mr. Cicchetti began his career as a designer and senior landscape architect for such no-
table firms as POD, Inc., Wallace, Roberts and Todd, and Takata Associates.
In 1987 Mr. Cicchetti established his own practice. Over the last 28 years JDCLA has
broadened its background in community planning, urban design, recreation planning and
design, public art environments, interpretive programs, and educational facilities.
Mr. Cicchetti taught landscape architecture at the University of California, Irvine from 1988
to 1996. For the past thirteen years he has been teaching park design in the Recreation
and Leisure Dept. at California State University, Long Beach.
Professional Credential:
Registered Landscape Architect, State of California, 1982 / C.N. 2191
cwclandarch@earthlink.net 562.989.1880 joncicchettilandscapearchitect.com
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LANDSCAPE ARCHITECT
2760 E. SPRING STREET, SUITE 110 LONG BEACH, CALIFORNIA 90806
FIRM STAFF
,,,.. .,',,t- '-'. \y'. ANNA MENDIOLA- Project Manager
" '
t, - Education: B.S., Plant Science
:, ; ' `7,4 . _ _-1:t
.' University of CA at Riverside
- A...4,4 1 i Master of Landscape Architecture
,, , * . California State Polytechnic University, Pomona
VT'. AI 7 Professional Experience: Ms. Mendiola recently joined Jon
t ~ David Cicchetti Landscape Architecture and Planning as a
!ick:.._ -. ,
4`", KKK project manager after a successful career in public sector
landscape architecture. She brings to JDCLA communica-
tion, management, leadership and facilitation skills. As a result of her municipal career.
Ms. Mendiola has extensive experience in project delivery, management of schedules and
costs, public outreach and facilitation, interagency and elected official coordination. con-
struction documentation and construction management.
Professional Credential: Registered Landscape Architect No. 3279, State of California
Professional Affiliations
American Society of Landscape Architects, member
California Parks and Recreation Society, member
LAURIE MARTZ- Project Manager, Design Development,
Construction Administration
Education: Bachelor of Science, Landscape Architecture
9
Calif. State Polytechnic University, San Luis Obispo, CA. 1979
Liberal Arts Undergraduate
Wells College, Aurora, N.Y. 1976-78
Professional Experience:
, , k Design development, grading and drainage, planting design
and writing are her areas of strength. Throughout her career,
Ms. Martz has enjoyed a mix of public and private projects, from trail systems to residential
estates. Laurie began her association with Jon in 1989 and is a key member of our staff.
Her knowledge of plant material and planting design extends to establishment mainte-
nance and irrigation.
Professional Credential:
Registered Landscape Architect, State of California, 1983
�.._
cwclandarch@earthlink.net 562.989.1880 joncicchettilandscapearchitect.com
‘33PC."
LANDSCAPE ARCHITECT
2760 E SPRING STREET, SUITE 110 LONG BEACH, CALIFORNIA 90806
FIRM STAFF
•
II ► I ' I .�' JEREMY CICCHETTI - Project Manager, Production Manager
I. ,4, ' „,
• r I Education: AutoCAD Certificate, CSULB
, oir 1 .. ,,L=`: -- - Professional Experience: Jeremyprovides the JDCLA team
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1: ;t w '' -- an array of technical assistance from AutoCAD to Photoshop
/ r. i�t' drawings. With an intuitive understanding of design concepts.
....... t, 2.
I'it 4.41-1 i .; • he brings an ability to bridge schematic phase design to
ti, ; ;1i'P's a "hardline" precision drawings. His responsibilities include cre-
4 1Iii\i; ; ' ating technical drawings, drawing construction details, sec-
. tions and elevations; planting design and editing specification
packages. His position and responsibilities are pivotal in bringing continuity to the JDCLA
design process.
' // ''' • 'Air i4
„,i, ART NERI — Design, Public Art, & Photography
' i . I " , .
_. 1' =_ Education: Bachelor of Arts. Fine Arts Photography and 3
,.� ';7' Dimensional Media, Calif. State University, Long Beach. CA.
, t::4--
I
; , ' Professional Experience:
- _ '4. Art began his work at JDCLA as a Public Art and creative con-
' ” consequentlybecame involved in the design and
,f : _; k = � sultant he g
_n ; _ i development of new projects. He has been with the company
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4 since the end of 2012. Art also serves as the main photogra-
pher and archivist for JDCLA projects.
' i ' : . ;\ 0OFELIA FIGUEROA— Design Development. Construction
Documents
it ,
• fe A
.4. ' Education: Bachelor of Science, Landscape Architecture
' r Calif. State Polytechnic University, Pomona, CA. 2012
''t� Associate of Arts, Architecture Technology.
Cerritos College, Cerritos CA. 2007
••j
viii
• -.....Aso 1 Professional Experience: AutoCAD, Photoshop,Illustator and
spanish language proficiency are a few of Ofelia's many skills.
Ofelia's responsibilities include corrections and modifications on construction documents.
scanning and printing construction documents and collecting data and measurements
from project sites. Ofelia began working at JDCLA in 2014. Her knowledge of planting
design and computer skills extend to establish a well conceived plan project.
cwclandarch@earthlink.net 562.989.1880 joncicchettilandscapearchitect.com
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LANDSCAPE ARCHITECT
,-
2760 E. SPRING STREET, SUITE 110 LONG BEACH, CALIFORNIA 90806
PROJECTS
URBAN PARKS LIST
• Harvey Milk Promenade Plaza Park - • Calbrisas Park,
City of Long Beach, CA City of Signal Hill, CA
• Seaside Park Phase One (3 Acres) - • Panorama Promenade (3 Acres)
City of Long Beach, CA City of Signal Hill, CA
• Promenade Square - • Signal Hill Park Renovation
City of Long Beach. CA City of Signal Hill, CA
• Daryle W. Black Memorial Park - • Hilltop Park and Public Art (4 Acres)
City of Long Beach, CA City of Signal Hill, CA
• Los Altos Plaza Park Renovation - • Discovery Well Park (4 Acres)
City of Long Beach. CA City of Signal Hill, CA
• East Village Arts Park - • Signal Hill Community Center Renovation
City of Long Beach. CA City of Signal Hill, CA
• Fox and Laurel Park - • 4th Street Community Park (5 Acres)
Los Angeles Neighborhood Land Trust/ City of Calimesa, CA
RAP, Los Angeles, CA
PAMORAMA PROMENADE - Signal Hill, CA - , �.t_- F f
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Client: City of Signal Hill i'*•'':21.**s. 7001,-, - ..--,, ill 7r -c..-
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Reference Contacts: �; . ,. - `_
Charlie Honeycutt (562) 989-7375 • - .. --
Deputy City Manager pliii-i __ t`• :
Pilar Alcivar-McCoy (562) 989-7320 _ plimu..../•
Community Services Director .;Y-
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Scope of work: Features - • 2 acre site • interpretive panel program • Vista points • Link in
Hilltop Loop Trail • Hillside topography • Urban site bound by residential edges
Services- • schematic design • research, writing and graphic design for interpretive panels
• Implementation drawings • Site observation /Administrative service
Program: • gating system / Entry Monumentation • Exercise stations • Seating Areas •
Interpretive panels
Issues: • view protection • Interface with new residential development
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LANDSCAPE ARCHITECT
2760 E SPRING STREET. SUITE 110 LONG BEACH. CALIFORNIA 90806
PROJECTS
RESERVOIR PARK & CITY YARD DEMONSTRATION GARDENS
Client: City of Signal Hill
Reference Contacts: Charlie Honeycutt (562) 989-7375
Deputy City Manager
Pilar Alcivar-McCoy (562) 989-7320
Community Services Director
Relevance: Renovation of turf area around Signal Hill Reservoir with demonstration
gardens • California meadow garden and lawn alternatives • Permeable
Pathway • Slow the flow: on-site water capture • Neighborhood park with
active/passive areas • Fitness stations for seniors added to active use
park area with daily exercise guidelines
Features: • Interpretive panel describing gardens
• Bioswale and infiltration basins
• Permeable paving
• Lawn alternatives
• Mediterranean and native planting
• Exercise circuit for seniors
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LANDSCAPE ARCHITECT
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2760 E SPRING STREET, SUITE 110 LONG BEACH. CALIFORNIA 90806
PROJECTS
4TH STREET COMMUNITY PARK— Calimesa, CA
Client: City of Calimesa
Reference Contacts: Jae Von Klug — (909) 795-9801
Community Services Director
Bob French — (909) 795-9801
Director of Public Works
Relevance: Community Park featuring `green' design, with connection to local
ecology a central theme of interpretive art program. Passive and
active park use activities for children, adults and seniors. Multi-
use components. Community participation process.
• Learning garden, interpretive environmental art and information panels.
"Sand to Snow" theme. Stone sculpture representing "the pass" between San Gorgonio
and San Jacinto mountains. Native plant groupings.
• Dragonfly inspired pavilion structure where sustainable architecture serves as a perfor-
mance space. civic gathering place, `Mesa' formation inspired intimate gathering area,
group picnic and rest room/storage.
• Reflection garden featuring framing of distant view to San Gorgonio Mountain. Bird
and butterfly attracting plantings. Artesian well inspired fountain.
• Site drainage and bioswales designed for harvesting water to be infiltrated on site.
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LANDSCAPE ARCHITECT
2760 E SPRING STREET, SUITE 110 LONG BEACH. CALIFORNIA 90806
PROJECTS
MEDIAN PROJECTS
Client: City of Signal Hill, Long Beach Redevelopment Agency
Reference Contacts: Charlie Honeycutt (562) 989-7375
Deputy City Manager
Pilar Alcivar-McCoy (562) 989-7320
Community Services Director
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LANDSCAPE ARCHITECT
2760 E SPRING STREET, SUITE 110 LONG BEACH, CALIFORNIA 90806
FEE/RATE SCHEDULE
1. BILLING RATES
Principal $150.00 / Hr.
Planner $120.00 / Hr.
Landscape Architect $120.00 / Hr.
Senior Staff $100.00 / Hr.
Draftsperson $ 80.00 / Hr.
Clerical $ 60.00 / Hr.
2. REIMBURSABLE EXPENSES
Reproduction of all documents, including but not limited to duplication of
base sheets and originals, postage and shipping charges, shall be paid for
at cost.
• Mileage at $0.55 per mile
cwclandarch@earthlink.net 562.989.1880 joncicchettilandscapearchitect.com
• .
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LANDSCAPE ARCHITECT
2760 E SPRING STREET, SUITE 110 LONG BEACH. CALIFORNIA 90806
CONNECTIVITY GRAPHIC
HISTORICAL
ARCHITECTURE
Referencing local
history/architecture
incorporating the "roots"
of our community
CIRCULATION EDUCATION/
CONSERVATION
Bike racks
pedestrian friendly walks = p
open space
exercise equipment native plant communities
circuits for all ages
I
gokimr_ cTiviiry
_ _
STORM WATER
WATER CONSERVING
HARVESTING
DESIGN
bio-swales
drought tolerant planting
infiltration basins
drip irrigation
pervious paving
cwclandarch@earthlink.net 562.989.1880 joncicchettilandscapearchitect.com
•
MUST BE DISPLAYED IN PLACE OF BUSINESS-NOT TRANSFERABLE
City of RPalos Verdes Finance Department
30940 Hawthorne Blvd
BUSINESS TAX REGISTRATION CERTIFICATE Rancho Palos Verdes, CA 90275
THIS CERTIFICATE IS EVIDENCE THAT THE PERSON OR FIRM
Business Name: JON DAVID CICCHETTI LANDSCAPE NAMED HAS PAID A TAX TO CONDUCT AND OPERATE A BUSINESS
Business Number. AS INDICATED HEREON PURSUANT TO THE PROVISIONS OF
Location Address: OUT OF CITY BUSINESS rHAPTPR IV OF R ANCMf PAT Gs VFRIIPC MUNTrLPA I rnnF
License Number/Class: 15 00003071 OUTSIDE BUSINESS
JON DAVID CICCHETTI LANDSCAPE
2760 E SPRING ST SUITE 110
LONG BEACH CA 90806
Issue Date: 9/02/15 Expiration Date: ``12/31/15 �^ ISSUING OFFICERS
JON DAVID CICCHETTI
LANDSCAPE ARCHITECTS + PLANNERS
2760 E. Spring Street, Suite 110
Long Beach, CA. 90806
PH. (562) 989-1880 FAX(562) 989-1870
Principal $ 150.00 / Hr.
Planner 120.00 / Hr.
Landscape Architect 120.00 / Hr.
Senior Staff 100.00/ Hr.
Draftsperson 80.00 / Hr.
Clerical 60.00 / Hr.