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HomeMy Public PortalAbout90-130 (08-07-90)RESOLUTION NO. 90-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA APPROVING A CONTRACT WITH MARTINEZ ARCHITECTS, INC. TO PROVIDE ARCAITECTURAL DESIGN SERVICES FOR A NEW TRANSIT/COMMUNITY CENTER WHEREAS, the City of Lynwood's community center in Mervyn Dymally Park is in need of replacement in order to provide much needed community and transit services; and ~ WHEREAS, the architectural firm of Martinez Architects, Inc. has previously prepared plans for a community center which can be economically and expeditiously site adapted to the City of Lynwood's needs; and WHEREAS, Martinez Architects, Inc. has proposed providing and site aciapting its plans for a 22,500 square foot facility for a fee of $ 73,665; and WHEREAS, staff has determined that Martinez Architects, Inc. has considerable experience in the design of facilities similar to those needed by the City of Lynwood and is well qualified to perform the work; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Lynwood, California, as follows: ~ IL J SECTION 1. The City Manager is authorized to award a contract in the amount of $ 73,665 to Martinez Architects Inc. for the provision and site adaptation of plans for a transit/community center. SECTION 2. The City Clerk shall certify to the passaqe and adoption of this resolution, and it shall thereupon be in full force and effect. PASSED, APPROVED August 1990. AND ADOPTED this ~th day of Mayor, City of Lynw od A EST• ,~,~~~ City Clerk t APPROVED A TO FORM: Ci ttorney ~ of Lynwood APPROVED AS TO ONT NT: City Manager City of Lynwood 7: rescenter STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foreqoing resolution was duly adopted by the City Council of said City at a regular meeting thereof held on the 7th day of August, 1990, and passed by the following vote: AYES: COUNCILMEMBERS HEINE, REA~ WELLS~ HENNING NOES: NONE ABSENT: COUNCILMEMBER RICHARDS City Clerk ~~ ~~ STATE OF CALIFRONIA ) ) ss. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 90-130 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this lOth day of August, 1990. ~S / ~~~~J City Clerk A G R E E M E N T THIS AGREEMENT is made and entered into, in duplicate, this day of t 1990, pursuant to a resolution adopted by the : City Council of the City of Lynwood at its meeting held on the 24th day of July, 1990, by and between Martinez Architects, Inc., a corporation, with a place of business at 8405 Pershing Drive, Playa Del Rey, California, 90293, hereinafter referred to as the "CONSULTANT" and the CITY OF LYNWOOD, a municipal corporation, hereinafter referred to as the CITY. wHEREAS, the City requires consulting services to be performed in connection with the design and engineering of the Lynwood Transit/Community Center Project, in the City of Lynwood, California; and WHEREAS, Consultant represents that it has in its employ employees who are qualified, licensed and experienced in performing such consulting services and that it is qualified and able to perform such services for City; and WHEREAS, City desires to have Consultant perform said consulting services, and Consultant is willing to do so; NOW, THEREFORE, in consideration of the mutual terms and conditions hereinafter set forth, it is agreed, as follows: 1. SCOPE AND TIME OF SERVICES. Consultant agrees to perform for City the consulting services more particularly set forth in Exhibit "A", attached hereto and hereby incorporated herein and made a part hereof by reference, said consulting services to be completed by Consultant for City within the time and in accordance with the schedule set forth in Exhibit "D", attached hereto and hereby incorporated herein and made a part ~ereof by reference. 2. COORDINATION AND ORGANI2ATION. Consultant shall coordinate the work with the City's Project Review Committee through the City Manager. The City Manager shall obtain whatever reviews, comments, coordination and approvals are necessary from the Project Review Committee and the appropriate agencies, 1 divisions and departments of the City which may be participating in the Project. Consultant shall advise and inform the City Manaqer of the work in progress of the Project in sufficient detail so as to assist the City Manager in making presentations and in conducting essential information exchange meetings. 3. DATA AND WORK FURNISHED HY CITSt. City shall furnish to consultant the data nnd shall perform the work more particularly set forth on Exhibit "B", attached hereto and r.ereby incorporated herein and made a part hereof by reference. 4. PAYMENT. City shall pay to Consultant for consulting services performed by Consultant hereunder, within thirty (30) days following receipt from Consultant and approval by City of oriqinal invoices therefore, the respective percentage fees at the times set forth on Exhibit "C", attached hereto and hereby incorporated herein and made a part hereof by reference. Invoicing shall be on Consultant' s standard forms and as mutually agreed to by the parties hereto in order to facilitate processing of City payments. 5. INDEPENDENT CONTRACTOR. Neither the City nor any of its employees shall have any control over the conduct of the Consultant or any of Consultant's employees, except as herein set forth; and Consultant expressly warrants not to, at any time or in any manner, represent that Consultant, or any of Consultant's agents, servants or employees, are in any manner agents, servants or employees of the City, it being distinctly understood that said Consultant is and shall at all times remain as to the City a wholly independent Contractor and that Consultant's obligations to the City are solely such as are prescribed by this agreement. 6. ASSIGNMENT AND SUBCONTRACTING. This agreement contemplates the personal services of Consultant and Consultant's employees, and it is recognized by the parties hereto that a substantial inducement to City for entering into this agreement was, and is, the professional reputation and competence of 2 Consultant and Consultant's employees. \either this s~reement nor any interest therein may be assigned by Consultant, except that Consultent may, upon vritten consent of the City yanaYer obtsined in advance, assiPn any moneys due, or to become due, the Consultant hereunder. Furthermore, Consultant shall not aubconiract any portion of the performance contemplated nnd provided for herein Without the prior vritten approval of the City yana~er. Nothiny herein contained is intended to or shall be construed ea preventinQ Consultant from employin~ or hirin~ a~ eany employeea as the Consultant may deem necessarq for the proper,~spd efficient execution of this contract. 7. IaDEMNITY. Conaultant shnll indemnify, defend, and hold free and harmless the Citq, its Boards, snd`their officers and employees, from and s~ainst any and all losa or liability for claims that may occur or arise as a result of any error or omission of Consultant, ita ayents, officers, and employees in performin~ the services to be performed by Consultant, under this e~reement. 8. CH.4\GE A~D ESTRA SERVICES. City may make chanIIes ' uithin the ;eneral scope of this a~reement. If either party eatimates that any proposed change causes an increase or decrease in the cost end/or the time required for performance of this aYreement, it shall so notify the other party of that fact. The parties Will attempt in Yood faith to a~ree to an appropriate modification of the compensation required to be paid hereunder; and any a~reed upon chanYe vill be reduced to aritin~, ai~ned by the partie6 hereto, and will modify thia aPreement accordinily. Any notification by Conaultant m~at be provided Within thirty (30) dnys from the date of receipt by Consultent of City'a aritten notification of a proposed chan~e. Consultant osy initiate such notification upon 3dentifyin~ a condition which may ' chan~e the specific Scope of Servicea, a~reed to on the effective dnte of thia a~reement as set forth in Exhibit ~A", or ss subrequently modified and a~reed to as provided herein. City may request Consultant to perform additional servicec, not covered h~ .hp RFecific ScopP of Services as set forth in 3 ~ E~hibit "A". and Consultant shall perform such extra services and vill be paid for auch extra services ahen the scope thereof ~_ and compensation to be paid ther~for have been reduced to vritinII, mutually aIIreed to, and •i~ned by the parties hereto, and made a part of this s~reement. City shall not be liable for payment of any extra servicea nor ahall Consultant be obligated to perform any extra aervices except upon such Written smendment. 9. TERMINATION. Thia a~reement may be terminated by either party hereto upon ten (10) workin~ days' xritten notice to the other psrty hereto in the event of subatantial fpilure by said other party to perform in accordance With the terms of this a~reement throu;h no fsult of the terminatin~ party. This eyreement may also be terminated by City for ita convenience or because the project ha~ been permanently nbandoned but only upon ten (10) xorking days' vritten notice to Consultant. In the event of termination, Consultnnt shall be compensated for all aervicea performed and costs incurred up to the effective date of termination for xhich Consultant has not been previously compensated, plus termination expenses reasonably incurred and properly accounted for. lipon receipt of notice of termination from City, Consultant shall immediately atop its services, unleas otherWise directed, and deliver to City all data, dravin~s, reports, eatimatea, summeries and such other information and materiels as may have been accumulated by Consultant in the performance of this eYreement, vhether completed or in process. 10. ~LAL EKPLOYMEtiT OPPORTU\ITY. In connection xith the execution of this a~reement, neither Consultant nor itc aubconsultants chall discriminate aYainst nnq employee or applicant for employ-ment because of race, reli~ion, coler, a~e, sex or national oriein. Consultsnt shall take affirmative action to enaure that applicants are employed, and that employees are treated durinII their employment, vithout re~ard to their race, reli~ion, color, s~e, sex or national ori;in. Such actions shall include, but not be limited to, the followinII: Employment, ungrading, demotion or transfer, or recruitment, 4 EXHIBIT D SCHEDULE FOR PERFORMANCE OF THE WORK ime is of the essence in the performance of the work under this greement. Therefore, Consultant agrees that it will provide to he City a fully completed work product ready for checking by the ity's plan checking consultant within a period not to exceed 75 calendar days beyond the City's written Notice to Proceed with the work under this Aqreement. ~J ~,I J advertisinp, layoff or termination, rates of pay or other forms of compensation, and selection of trainin~, includin~ apprenticeship. ~ 11. Ot:~ERSHIP OF DOCiME~TS. All reports as uell as oriYinal reproducible drawinYs, plans, studies, memoranda, computation eheets and other documents assembled or prepared by Consultant, or furnished to Consultant in connection vith thia ayreement, shall be the property of City. Copies of said documents may be retained by Conaultant, but shall not be made available bq Consultant to any individusl or or~anization vithout Che prior aritten appro~•sl of City. , 12. PATE\T RICHTS. Any patentable result arisinII out of this n¢reement, as ~ell as sll information, desi~ns, specifications, knov-hoW, data and findinIIs, shall be made available for public use, to City and to any e~ency involved in ~ the fundinp or administration of the Project, unless City shall, in a specific case ~here it is leIIally permissible, determine that it is in the public interest that it not be so made available. 1 ~. ' 13. OFFICERS \OT TO BE\EFIT. \'o member of or dele~ate to the Conyress of the United States or Le~islature of the State of Californie shall be admitted to any share or part of this s~reement or to any benefit arisin~ therefrom. No member or officer of City or of any public,entity durinQ his tenure, or for one year thereafter, shall have any interest, direct or indirect, in this a~reement or the proceeds thereof. 14. STA\D~RDS OF PROFESSIOV. Consultant ahall perform the services under this e;reement in accordance with the hi~hest standards of its profession. Conaultant ahall be responsible for its ovn vork and results under this aPreement but shall not be responsible for the work and results of Work of Citq. t 15. ~OTICE. Anq notices to be ;i~•en under this A~reement chall be Yiven bq enclosin~ the snme in a sealed envelope, postaYe prepaid, and depositin~ the same in the United Statee Poatal Service, posta~e ri•cpa=d, addressed to Consultant at its address as set herein, and to the City of Lynwood. : 5 office of the City Manager, 11330 Bullis i Road, Lynwood, California, 90262, Attention: Charles G. Gomez 16. C0~'E\a~T AGAI\ST CO\TIVGEVT FEES. Consultant ~arrants that it has not employed or retained any company or person to solicit or secure this agreement and that it has not paid or n~reed to pay any company or person nny fee, commission, percentaYe from the aWard or makinII of thie sYreement. For .. .r breach or ti•iolation of thia Warranty, City shall have the riQht to annul this sYreeoent without liability or, in its discretion, to deduct from the s~reement price or consideration, or otherwise recover, the full amount of euch fee, commission, percentaYe, brokerage fee, ~ift or contingent fee. 17. ADDITIOVAL CONDITIO\S. A_ Consultant's professional liability to City for this project shall be limited to 5~0,000 or Consultant's fee ~:hiche~•er is Yreater for claims arising out of Consultant's negligent acts, errors, or omissions. B_ City agrees to re~iew documents prepared by Consultant ~:ith prompt vritten notice to be ~iven to Consultant and the Construction Contractor whenecer City or any of its emplo5-ees or agents becomes a~:are of s conflict, error, omission, or improper use of materials in these documents, of any- fault or defect in the project or of any no~conformance with the Construction Contract Documents. C_ In the e~ent of any dispute or litigation pertaining to this , contract, the prevailing party shall be entitled to its attorney's fees and costs. 6 MARTINEZ ARCHITECTS, INC. a corporation 2 / A~~S~sT , 1990 BY ~,~,~J'~~ CONSULT S~-T CITY OF LYNWOOD, A municipal corporation °t~ , 1990 BY R 8 RT HENNING, Ma r CITY ATTEST: ~~'~'~ , 19 9 0 BY O(, /~~i~ ANDREA L. HOOPER, Cit Clerk The foregoing greement is hereby approved as to form this rZ~ ~ ' day of cs , 1990. i ; TTORNEY APPROVED AS TO COldTENT: ALF A F. EARNEST ~ FINANCE DIRECTOR CZTY OF LYNWOOD C~~~//. CITY MANAGERv CITY OF LYNWOOD ' ExxzsiT a, SCOPE OF WORK GENERAL In general, the consultant will be expected to provide a complete - professional and high quality service; consult with City personnel who are involved in the project; investigate all aspects of the problem and work; give advice and assistance in deciding the most expeditious means of accomplishing the work; prepare those desiqns, drawings, specifications, contract cost estimates and other contract documents necessary to supplement the work of the City Manager's office to enable the work to be properly bid and constructed; and provide such general consultation to the City Manager during the construction phase as may be appropriate to clarify the desiqn elements and not assumed by the City. i~ORK TO BE DONE A. The Consultant shall prepare all design drawinqs, plans, details and specifications and cost estimates necessary to accomplish the following: NEW TRANSIT/COf+II+IITNITY CENTER 1. Demolition and removal from site of existing building. 2. Site qrading and preparation plus construction of paving, curb and gutter and walkways. 3. Construction of all utilities including but not limited to water, sewer, electrical, telephone, communication and gas services. 4. Construction of irrigation and landscaping. 5. Construction of a 22,500 square foot Transit/Community Center to generally include: a. An elevator from first floor to second floor. b. A large meeting/community room for senior citizen program use. C. A"warming kitchen" for use by the City's lunch orocrrams and other Cort¢ntinity Activities. d. Office and reception space for Recreation and Parks and Transit staff. e. Meeting rooms, conference rooms and storage rooms appropriate to the facility usage. f. A Transportation Center facing onto Martin Luther King Jr. Blvd. g. Brick facade and fenestration compatible with other existing and proposed Civic Center facilities. h. A gymnasium with bleachers and hard wood floor appropriate for basketball and volleyball usaqe. i. Restrooms for offices and transportation center. j. Locker room/restrooms for use in conjunction with gymnasium activities. k. A multi-purpose exercise room. 1. Other miscellaneous items including but not limited to trash and zubbish collection areas, vehicle storage areas and employee and public lounge or patio areas. EXHIBST B DATA TO BE FURNISHED BY CITY . Historical data pertinent to the project. . Recozd drawings of the existing facilities. 3. Other information in the possession of the City, which is normally supplied to consultants pe-rforming architectural desiqn services. 4. Soils report and nsbestos report, and topcx3raphic survey. ~ ' EXHIBIT C COMPENSATION FOR DESIGN SERVICES As compensation for acceptable provision of the services outlined in Exhibit A, City will pay to the Consultant the amount of S 73,665. Payment will be by monthly invoice for the portion of the work completed and accepted by the City Manaqer.