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HomeMy WebLinkAboutResolution No. 4580 RESOLUTION NO. 458 0 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING AN AGREEMENT BETWEEN THE AGENCY AND SOAR CORPORATION FOR STRUCTURAL ENGINEERING SERVICES WHEREAS, the Redevelopment Agency is actively pursuing a comprehensive commercial rehabilitation program that includes structural strengthening of seismically deficient buildings within the City's Central Business District Redevelopment Project Area; and WHEREAS, the Redevelopment Agency requires the services of a qualified and professional engineering consulting firm to design structural strengthening systems that will bring deficient buildings into conformance with City and state seismic requirements; and WHEREAS, the Redevelopment Agency through a competitive bid process conducted in 1985 identified SOAR Corporation (formerly known as Ross/Reimer, Inc.) as qualified and experienced to provide such professional services for the Agency; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AS FOLLOWS: SECTION 1. The Board of Directors of the Redevelopment Agency of the City of Azusa hereby approves that certain agreement entitled "Agreement Between the Redevelopment Agency of the City of Azusa and SOAR Corporation", dated June 6, 1988, and authorizes the Chairman to execute said Agreement on behalf of the Agency in substantially the form as attached hereto as Exhibit "A". SECTION 2. The Secretary shall certify the adoption of this Resolution. PASSED APPROVED AND ADOPTED this 1988. i Chairman 6th day of June I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Redevelopment Agency of the City of Azusa, at a regular meeting thereof, held on the6th day of June , 1988, by the following vote of the Directors. AYES: BOARD MEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: BOARD MEMBERS: NONE ABSENT: BOARD MEMBERS: NONE i �4�) Secretary 0 EXHIBIT A 0 AGREEMENT FOR ENGINEERING CONSULTING SERVICES BETWEEN THE CITY OF AZUSA REDEVELOPMENT AGENCY AND SOAR CORPORATION THIS AGREEMENT, is made and entered into this 6th day of June , 1988, by and between the City of Azusa Redevelopment Agency, a body corporate and politic in the State of California (hereinafter "Agency"), and SOAR Corporation, (hereinafter "Consultant"). WITNESSETH: WHEREAS, Agency requires the experienced and qualified services of a structural engineering consulting firm; WHEREAS, Consultant represents that he is qualified to perform the services under this contract. NOW THEREFORE, and in consideration of mutual covenants hereinafter contained, it is mutually agreed between the parties as follows: 1. SCOPE OF SERVICES. The services to be performed by Consultant include preparation of documents or consultation on the items described in the Scope of Services attached hereto as Exhibit B. 2. AMENDMENTS TO SCOPE OF SERVICES. Agency may request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation, shall be mutually agreed upon by and between Agency and Consultant and shall be incorporated in written amendments to this Agreement. 3. CONSULTANT'S COMPENSATION AND METHOD OF PAYMENT. Consultant's compensation shall be as described in the Scope of Services attached to this Agreement as Exhibit B and by this reference made of part hereof. 4. TIME OF PERFORMANCE. Said services of Consultant shall commence as of the date of this Agreement and shall continue through the completion of this project. Extensions to this Agreement can be made by mutual consent of Agency and Consultant. 1 0 • 5. COOPERATION BY AGENCY. All information, data, reports, and records, available and necessary for carrying out the work as outlined in the Scope of Services shall be furnished to Consultant without charge by Agency. The Agency shall cooperate with Consultant in every way possible to facilitate, without undue delay, the work to be performed under this Agreement. 6. DESIGNATED REPRESENTATIVES. The following individuals are hereby designated as representatives of Agency and Consultant respectively to act as liaison between the parties: Agency Consultant Julio J. Fuentes Gregory S. Reimer, P.E. Executive Director vice President City of Azusa SOAR Corporation Redevelopment Agency Any change in designated representatives shall be promptly reported to the other party in order to ensure proper coordination of the Project. 7. STANDARDS OF PERFORMANCE. Consultant shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments while performing the services described herein in a good, skillful, and professional manner. B. OWNERSHIP OF DOCUMENTS. All documents prepared under this Agreement shall become the property of Agency upon receipt by Agency's designated representative named in Section 6 of this Agreement. 9. PERSONNEL AND ASSIGNMENT. Consultant represents that it has all personnel required to perform the services under this Agreement. Consultant's personnel shall not be employed by, nor have any direct contractual relationship with Agency. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. Consultant shall not assign the performance of this Agreement nor any part thereof without the prior written consent of Agency. 10. LEGAL REVIEWS. All reviews of documents prepared by Consultant to determine the legal sufficiency thereof are the responsibility of Agency Counsel. 11. AUTHORITY OF CONSULTANT. Consultant shall be an independent contractor and shall not incur or have the power to incur any debt, obligation or liability whatever against Agency. 2 0 • 12. TERMINATION. Either party may terminate this Agreement upon ten (10) days' written notice to the other. In the event of termination, Consultant shall be compensated for all services performed and expenses incurred to the date of notice of termination as described in a written report to Agency prepared by Consultant. Compensation shall be paid within thirty (30) days of termination. In no event shall the amount due exceed the amount set in Exhibit B of this Agreement for the stage of work completed. 13. NOTICE OF TERMINATION. Notice of termination by Agency to Consultant shall be deemed delivered if sent by certified mail, return receipt requested to SOAR Corporation, 450 West Whittier Boulevard, La Habra, California 90631. Notice by Consultant to Agency shall be deemed delivered if sent by certified mail, return receipt requested to the Executive Director, Azusa Redevelopment Agency, 213 East Foothill Boulevard, Azusa, California 91702. 14. CONFLICT OF INTEREST. Consultant represents and agrees that Consultant has not employed any person to solicit or procure this Agreement, and has not made, and will not make, any payment or any agreement for the payment of any commission, percentage, brokerage, contingent fees, or other compensation in connection with the procurement of this Agreement. Consultant further represents and agrees that he has not now, and will not, acquire any interest, direct or indirect, present or prospective, in any of the property acquired by Agency, during the term of this Agreement. Consultant further represents that it has not employed, and will not employ in connection with work to be performed hereunder, any person having an interest, direct or indirect, in any of the property acquired by Agency during the term of this Agreement. 15. INDEMNIFICATION. Neither party hereto shall be liable for any damages proximately resulting from the negligent or wrongful actions or omissions of the other parties, employees, agents or contractors performing under this agreement, and each party shall indemnify, defend and save harmless the other party from such damages or liability. 16. INSURANCE. Consultant shall, during the term of this Agreement: A. Procure and maintain applicable Workers' Compensation Insurance as required by the laws of the State of California. B. Procure and maintain general business liability insurance with a combined single limit of $1,000,000. Such insurance shall include product and completed operations coverage, and non -owned and hired automobile coverage. 3 0 u C. Furnish the Agency with certificates of insurance showing that such coverage is in full force and effect. 17. ENTIRE AGREEMENT. This Agreement shall constitute the entire Agreement between the parties. Any amendments to or clarification necessary to this Agreement shall be in writing and acknowledged by all parties to the Agreement. Executed in duplicate the day and year first written above. City of Azusa Redevelopment Agency By: Date: 6/7/88 E ene F. oses hairman SOAR Corporation By: Gregory S. Reimer, P.E. Vice President Date: ATTEST: / By: / Date: 6/7/88 Adolph Solis Secretary 4