CC SR 20181218 I - Hesse Park Athletic Field ImprovementsRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 12/18/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to approve a Contract Amendment with Jon David
Cicchetti to design the Hesse Field – Park Improvements Project.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the City Manager and City Clerk to execute a contract amendment with
Jon David Cicchetti for the Hesse Field – Park Improvements Project not to
exceed $28,300, contingent upon the City Attorney’s approval as to form.
FISCAL IMPACT: N/A
Amount Budgeted: $28,300
Additional Appropriation: $0
Account Number(s): 330-400-8419-8005
ORIGINATED BY: James Flannigan, Assistant Engineer
REVIEWED BY: Elias Sassoon, P.E. Director of Public Works
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft contract amendment with Jon David Cicchetti (page A-1)
B. Proposal from Jon David Cicchetti (page B-1)
BACKGROUND AND DISCUSSION:
The Hesse Field – Park Improvements Project is part of the City of Rancho Palos
Verdes 2018 Capital Improvement Plan (CIP). This project will create an athletic field
at Hesse Park. The project aims to remove existing turf and underlying soil/rock,
install an improved irrigation system for adequate sprinkler coverage, and install new
topsoil and turf for athletic use.
Staff solicited Statements of Qualifications (SOQs) from qualified consultant firms for
the FY18-19 Capital Improvement Program projects. A total of 21 consultant firms,
including Jon David Cicchetti (Cicchetti), participated in the process and submitted
SOQs. Cicchetti was selected for this project based on their expertise, performance
and experience and provided a proposal for the project. The submitted proposal for the
development of the concept and alternatives (Attachment B) was negotiated to the not-
to-exceed amount of $28,300.
1
Staff recommends that the City Council approve an amendment to the On-call
Agreement with Cicchetti to develop plans for the field improvements for the Hesse
Field – Park Improvements Project, in the not-to-exceed amount of $28,300, subject to
City Attorney’s approval of the agreement as to form (Attachment A).
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Direct Staff to modify the scope of the project and renegotiate the revised
services needed, returning with a modified project.
2. Take other action as deemed appropriate by the City Council.
2
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 strikethrough 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
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-
A-2
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-
A-3
(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-
A-4
(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-
A-5
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:
_________________________________
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
City Attorney
CONSULTANT:
Jon David Cicchetti
By: ________________________________
Name: Jon David Cicchetti
Title: 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.
01203.0006/523023.4 -7-
A-7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
01203.0006/523023.4 A-8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
01203.0006/523023.4 A-9
PROPOSAL FOR LANDSCAPE ARCHITECTURAL SERVICES
DATE: October 1, 2018
PROJECT: Hesse Park Improvements
CONSUL TANT: Jon David Cicchetti/Landscape Architects
140 Linden Avenue, Suite 286
CLIENT:
Long Beach, CA. 90802
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
ATTENTION: Mr. James Flannigan
Assistant Engineer
JamesF@rpvca.gov
Project Scope: Provide landscape architectural services for Hesse Park
1. The services of the Consultant shall be phased and completed as noted below
and as described exhibit A.
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 kick-off meeting at the City and prepare a
meeting agenda including lines of communication between the City,
Design 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. These documents are on file with the Public Works Department.
(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-1
Proposal for Landscape Architectural Services
City of Rancho Palos Verdes Hesse Park Improvements
October 2 , 2018
Page 2 of 5
B. Design Phase (70%)
(1) Based on approved improvement program prepare design plans. Prepare
overall preliminary plan depicting landscape concepts for Client review.
Provide color rendering 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 (2) Client/ Team meetings.
Package to include :
a . 1 "=20 ' scale plan delineating planting and hardscape areas
b. Preliminary detailing and blow up plans
c. Catalogue cuts and materia ls specifications
C. Construct ion 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 deta ils . (LID and WELO
included) (Park Signage)
c . Planting plan and details
d. Irrigation plan and details
(2) Attend two (2) Client I Team meetings
(3) City submittals and coordination
Note: Structural, Mechanical, Electrical, Civ il Engineering services are not
included .
B-2
Proposal for Landscape Arch itectural Services
City of Rancho Palos Verdes Hesse Park Improvements
October 2 , 2018
Page 3 of 5
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 Client, the 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 the Client informed of the progress of the Work,
and will endeavor to guard the Client against any defects or deficiencies in
the Work of the Contractor. The 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 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 FOR THESE SERVICES SHALL BE AS FOLLOWS:
A. Site inventory Phase (30%) $4 ,500.00
B . Design Phase (70%) $6,800.00
C . Construction Document Phase (100%) 12,000.00
Total : $23,300.00
D . Plan Processing -Time and Materials Basis Not to Exceed $3,000.00
E. Construction Phase -Time and Materials Basis Not to Exceed $5 ,000.00
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 CLIENT SHALL INCLUDE:
A. Furnish site and building information.
B. Payment of contract fees, reimbursable expenses , and any charges for approved
add itional services.
B-3
Proposal for Landscape Architectural Services
City of Rancho Pa los Verdes Hesse Park Improvements
October 2 , 2018
Page 4 of 5
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 , the Client makes a decision which, for its
proper execution, involves additional services and expenses for changes to the
drawings or other documents, or if the Consultant be put to labor or expense by
delays caused by the Client or a Contractor, or by the delinquency or insolvency
of either, the Consultant is to be equitably paid by the Client for such additional
service and expense .
B. Compensation for additional services shall be at the following rates :
Principal
Planner
Landscape Architect
Senior Staff
Draftsperson
Clerical
$150.00 I hr
120.00 I hr
120.00 I hr
100.00 I hr
80.00 I hr
50.00 I hr
BY ~~
Jon Cic ttl:c.N. 2191
DATE._/o--'-/__,f ,,__)/_;:__e, ___ _
Landscape Architect
Mr. James Flannigan
City of Rancho Palos Verdes Assistant Engineer
B-4
Proposal for Landscape Architectural Services
City of Rancho Palos Verdes Hesse Park Improvements
October 2, 2018
Page 5 of 5
Exhibit A
• All plans shall be delivered to the City in both printed and electronic formats.
Electronic submittals shall include *.pdf and *.dwg files and shall be compatible with
the City's GIS system.
• Prepare Engineer's Estimate:
o Constultant 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 .
o Note: The engineering design budget for this project is $50,000. The
consultant shall compare its estimated construction costs for the 30% and
100% submittal to the available budget. If the consultant's estimated costs
exceed the available budget, the consultant shall inform the City and provide
recommendations for costs reduction or adjustment.
• Prepare technical specifications and special provisions:
o 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).
o 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.
• Final Deliverables & As-Builts:
o 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
• Construction Project Schedule :
o Design 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. Scheduling shall take into account City holidays, street sweeping,
and trash collection days.
• Construction Assistance:
o During the construction phase, the Construction contractor may have design
questions, RFl's, or submittal reviews that can best be answered by the
Design Consultant. The Design Consultant is asked to help with these as
needed .
B-5