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
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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: ~
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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,
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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
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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
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~ 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,
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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.
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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.
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' 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.
:
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office of the City Manager, 11330 Bullis
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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.
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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
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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.
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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.