HomeMy WebLinkAboutR06-Economic Development Agency
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DBVBLOPMBI!I1' DBPARTMEN'l' OP THE
CITY OP SAIl BBRNARDINO
REQUEST POR COMMISSION/COUNCIL ACTION
Prom:
Roger G. Hardgrave, Dir.
of Public Works/City Engr.
Date:
6-03-92
Subject: Authorization to
Execute Agreement for
Professional Design
Services - Renovation
of Savings . Loan
Building for Central
Police Station --
LEACH MOUNCE ARCHI-
TECTS
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Synopsis of Previous Commission/Council/Committee Action:
04-09-92
Oral report on results of Police Department Space
Study presented to RDA Committee.
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Recommended Motion:
Adopt resolution.
cc: S. Clark
Roger G. ardgrave, Dir. of P.W. C.E.
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Contact Person: Roqer G. Hardgrave Phone: 5025
Project Area: Central City North Wardls): 1
Staff Report,
Supporting Data Attached: Aqreement and Resolution
FUNDING REQUIREMENTS:
Amount: $ 219,900
Budget Authority:
Source:
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Commission/Council Notes:
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Agenda Item No.: (0
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CITY OF SAN BERNARDINO - REQUEST Fj)R COUNCIL ACTION
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STAFF REPORT
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BACKGROUND
Last year, the Economic Development Agency purchased the former
savings and loan facility located at 7th and "E" streets for
renovation into a new facility for the Police Department. On May
4, 1992, the Economic Development Commission approved a space plan
study by Archetype International which determined current and
future space needs of the Police Department. Asbestos testing of
the buildings will be conducted soon by AMS Natech. The next step
in the renovation process is selection of an architectural firm to
develop plans, specifications, and estimate costs for tl;1e bl1ilding'"
renovation. . ,
In March, requests for proposals for architectural services were
sent to eight qualified firms. Responses were received from five
firms by the deadline of May 8, 19,92. On May 19, 1992, an
interview panel consisting of Councilman Jack Reilly, Lorraine
Velarde (Mayor's Office), Peggy Ducey (City Administration), Mark
Hinkley (Planning and Building Services), Steve Griffin (Facilities
Maintenance), Mike Lewis (Police), and Gene Klatt (Assistant City
Engineer), interviewed the following five firms:
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1.
2.
3.
4.
5.
Meyer & Allen Associates
Villanueva/Arnoni Architects
Leach Mounce Architects
Rachlin & Rachlin Architects
Archetype International
After carefully reviewing their qualifications, the panel selected
Leach Mounce Architects as the most qualified to provide the
necessary services. Copies of all proposals are on file as well as
rating sheets of each rater along with their comments.
Leach Mounce specializes in the design of law enforcement and
public safety facilities, and their experience includes more than
forty police projects, twelve detention projects, six communication
centers, three crime labs, and ten fire stations. Attached is a
listing of architectural projects by Leach Mounce that are similar
to the San Bernardino Police project (Attachment A). Also
important, Leach Mounce is experienced in not only new facility
design, but renovations of existing buildings as well. Based on
their previous experience and their proposed work plan, it is
recommended that Leach Mounce be awarded the contract to prepare
plans, specifications, and estimate costs of the planned police
facility renovations, at a cost not to exceed $219,900.
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Since it is important that the project proceed in a timely fashion
it is also recommended that the contract with Archetype
International, the firm who performed the space study, be amended
to include the preparation of preliminary floor plans, based upon
the needs identified in their space study and the knowledge they
have of the current police operations (separate agenda item). The
amendment will not exceed $32,000. These tasks will be deleted
from the contract with Leach Mounce.
Leach Mounce has projected a 23 week time schedule, attached to the
Agreement as Exhibit 2. The contract documents should be complete
and ready to advertise for bids by October, 1992. However, they
have stated that depending on the turn-around time for plan
reviews, the project time could be shortened by 1 -2 months.
During the architectural interviews, it was the unanimous opinion
of all firms involved that the $2 million currently budgeted for
the renovation was inadequate, and another $1 million would be
necessary to remodel the facility. Based upon this input, an
estimated cost of the project is as follows:
Purchase Price of Facility
Asbestos Testing
Space Study
Architectural Plan Design
Schematic Drawings
Construction (Estimate)
TOTAL
$3,580,850
3,000
25,000
251,900
32,000
$3.000.000
$6,892,750
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RBCOMllllRDATION I
That the Mayor and Common Council authorize an agreement with Leach
Mounce Architects to prepare plans, specifications, and estimates
of construction costs, at a cost not to exceed $219,900.
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SIMILIAR PROJECTS 0
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Architectural Projects by Leach Mounce Architects
Similiar to the San Bernardino Central Police Station Project
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~ LMch Mounce Archltecta
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ATTACHMENT A
Police Facility. AIcIdia. California
PoIic. Facility. Bou\clcr. Co1ondo.
Public Safely and Service Center. Carlsbod. California
Communications Clf.. Loa Ani.... Inrcmalional Airport
Law Enforccmcnl Facilily. Thousand Oaks. California
Public Safely Facility. Escondido. California
lusu.. Cemcr. G\cndalc. Arizcnia.
Emcrlcncy Operalions Ccnlcr. GlcndaIc. California
Public Service Bui1dinl. GlendaI.. California
Polic. Facitily. Modcslo. California
Polic. H.adquart..... Napcrvillc.lIlinois .
Police Facilily. Puadcna. California
Cily Hall. Portcrvill.. California
Polic. Facility. Portcrvillc. California
Polic. Facilily. Redmond. WuhinllOll
Police Facilily. Rcclwood Cily. California
Civic Cemcr. Rcnl!lll. W uhinllOll
Police Facilily. Tuscaloosa. A1abama ·
Crime Lab. V.ruura Counly. California
Polic. H.adquarlcrs. Wasl ChicaIO. D1inois.
Polic. Facilily. Whcal!lll. lUinoia ·
Police H.adqUarlcrs.1looIon. MassachuscllS.
Polic. H.adq_. Richmond. Virlinia.
Communications Clf.. Roc....tcr/MonrocCounly. N.w York
Police Focilily. F-. Ca1ifomia
Polic. Facilily. So\dolIIa, A1uu.
Police Facilily. N.w CIIlIe Counly. o.lcwarc
Police Facilily. Tomncc. Ca1ifomia
Police Facilily. MassacbusclIa Bay T...,.il AUlhorily.
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2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 FOR PROFESSIONAL SERVICES WITH LEACH MOUNCE ARCHITECTS, RELATING
TO RENOVATION OF A SAVINGS AND LOAN BUILDING FOR A CENTRAL POLICE
4 STATION.
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RESOLUTION NO.
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION,
ACTING ON BEHALF OF THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Chairman of the Conununity Development
Conunission of the City of San Bernardino is hereby authorized and
directed to execute, on behalf of said City, an Agreement for
Professional Services with Leach Mounce Architects, relating to
providing
architectural
design
necessary
services
for
the
12 renovation of the savings and loan building at 701 North "E"
13 Street, for use as a Central Police Station, a copy of which
14 Agreement is attached hereto, marked Exhibi t "A," and
15 incorporated herein by reference as fully as though set forth at
16 length.
17 SECTION 2. This agreement shall not take effect unti~
18 fully signed and executed by all parties. The City shall not be
19 obligated hereunder unless and until the agreement is fully
20 executed and no oral agreement relating thereto shall be implied
21 or authorized.
22 SECTION 3. The authorization to execute the above-
23 referenced agreement is rescinded if the parties to the agreement
24 fail to execute it within sixty (60) days of the passage of this
25 resolution.
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6-03-92
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ARCHITECTS.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Community Development Commission of the City of
San Bernardino at a
meeting thereof, held on the
, 1992, by the following vote, to-wit:
day of
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
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Commission Members:
AYES
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ESTRADA
REILLY
ABSTAIN
ABSENT
Secretary
day of
The foregoing resolution is hereby approved this
, 1992.
Approved as to form
and legal content:
BY~P~ )
/ Agenc unsel -
- 2 -
w. R. HolCOmb, Chairman
Community Development
Commission of
City of San Bernardino
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BDIBIT "A"
AGRBJUlBII'r 1'0. PIlO.BSSIORAL SERVICES
This AGREEMENT is made and entered into this day of
June , 1992, by and between the CITY OF SAN BERNARDINO,
California, a municipal corporation, hereinafter referred to as the
"CITY" and LEACH MOUNCE ARCHITECTS, Inc., a california corporation,
hereinafter referred to as "ENGINEER".
WITNESSETH
WHEREAS, city desires to obtain professional services to
prepare plans, specifications, estimates and construction documents
for the renovation of a savings and loan building and adjacent
structure for a Central Police Station using only the existing
structures and land area:
WHEREAS, in order to develop, plans, specifications, estimates
-and construction documents, it is necessary to retain the
professional services of a qualified engineering and consulting firm:
and
WHEREAS, Engineer is qualified to provide said professional
services: and
WHEREAS, San Bernardino City Council has elected to engage the
services of Engineer upon the terms and conditions as hereinafter set
forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of
Services " and as contained in the proposal dated June 2. 199~ , a
copy of which is attached hereto as Exhibit "I" and incorporated as
though set forth in full.
2. TERM OF AGREEMENT
The services of Engineer are to commence within thirty (30)
days after the City has authorized work to start by issuance of a
Notice to Proceed. The scheduled completion dates specifically set
forth in Exhibit "2" attached hereto and incorporated herein as
though set forth in full, will be adjusted by Engineer as the City
authorizes the work. Such adjustments shall require City approval
prior to commencement of performance of each phase. This Agreement
shall expire as specified by the Exhibit "2" schedule unless extended
by written agreement of the parties.
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3. STANDARD OP PERFORMANCE
Engineer shall complete all work product and design in confor-
mance with Standard Specifications for Public Works Construction
(Greenbook) ,the City of San Bernardino's Standard Drawings, Uniforll
Building Code, ADA requirements, Uniform Plumbing, Pire and Mechan-
ical Codes and current building design standards for this tyPe of
facility.
4. CHANGES/EXTRA. SERVICES
A. Performance of the work specified in the "Scope of Servic-
es", is made an obligation of Engineer under this Agreement, subject
to any changes made subsequently upon mutual agreement of the
parties. All such changes shall be incorporated by written amend-
ments to this Agreement and include any increase or decrease in the
amount of compensation due Engineer for the change in scope. Any
change which has not been so incorporated shall not be binding on
either party.
B. No extra services shall be rendered by Engineer under this
Agreement unless such extra services are authorized, in writing, by
City prior to performance of such work. Authorized extra services
shall be invoiCed based on Engineer's "Schedule of Hourly Rates.
dated Januarv 1992 , a copy of which is attached hereto as
Exhibit "4" and incorporated herein as though set forth in full.
s. COMPENSATION
A. The City shall reimburse the Engineer for actual cosu
(inClUding labor costs, employee benefits, overhead, profit, other
direct and indirect costs) incurred by the Engineer in performance of
the work, in an amount not to exceed $219.900.00. Actual costs
shall not exceed the estimated wage rates and other costs as set
forth in Exhibit .3., attached hereto and incorporated herein as
though set forth in full.
B. Said compensation shall not be altered unless there is
significant alteration in the scope, complexity or character of the
work to be performed. Any such significant alteration shall be
agreed upon in writing by City and Engineer before commencement of
performance of such significant alteration by Engineer.
Any adjustment of the total cost of services will only be
permitted when the Engineer establishes and City has agreed, in
writing, that there has been, or is to be, a significant change in:
1. Scope, complexity, or character of the services to be
performed;
2. Conditions under which the work is required to be
performed; and
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3. Duration of work if the change from the time period speci-
fied in the Agre_ent for Completion of the work warrants
such adjustment.
C. The Engineer is required to comply with all Federal, state
and local laws and ordinances applicable to the work. The Engineer
is required to comply with prevailing wage rates in accordance with
California Labor Code Section 1775.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this
Agre_ent shall be submitted monthly by Engineer to City and shall be
paid by City within twenty (20) days after receipt of same, excepting
any amounts disputed by City. Dispute over any invoiced amount shall
be noticed to the Engineer within ten (10) days of billing and a meet
and confer meeting for purposes of resolution of such dispute shall
be initiated by the City within ten (10) days of notice of such
dispute. Interest of 1-1/2 percent per month (but not exceeding the
maximum rate allowable by law) will be payable on any amounts not in
eUspute and not paid within thirty (30) days of the billing date,
payment thereafter to be applied first" to accrued interest and then
to the principal unpaid amount. On disputed amounts, interest shall
accrue from thirty (30) days of the invoice date if the amount in
dispute is resolved in favor of the Engineer. All tasks as specified
in Exhibit "1" shall be completed prior to final payment.
B. Section 9-10 of the Cal-Trans Standard Specifications is
hereby specifically waived and not applicable to this agre_ent. The
parties hereto otherwise agree not to be bound by any other require-
ments for arbitration of any dispute arising hereunder. Disputes
shall be resolved by agreement of the parties, or upon the failure of
such agre_ent, by direct application to the Courts.
C. Should litigation be necessary to enforce any term or
provision of this Agreement, or to collect any portion of the amount
payable under this Agreement, then all litigation and collection
expense., witness fee., and court cost., and attorney'. fee. shall be
paid to the prevailing party.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Public Works of City, or his designee,
shall have the right of general supervision over all work performed
by Engineer and shall be City's agent with respect to obtaining
Engineer's compliance hereunder. No payment for any services
rendered under this Agreement shall be made without prior approval of
the Director of Public Works or his designee.
B. The Office of the Administrator may review and inspect the
Engineer's activities during the progress of the program.
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8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Engineer hereby certifies that it will not discriminate against
any employe. or applicant for employment because of race, color,
religion, sex, marital status or national origin. Engineer shall
promote affirmative action in its hiring practices and employe.
policies for minorities and other designated classes in accordance
with federal, state and local laws. Such action shall include, but
not be limited to, the following: recruitment and recruitment
advertising, employment, upgrading, and promotion. In addition,
Engineer shall not exclude from participation under this Agreement
any employee or applicant for employment on the basis of age, handi-
cap or religion in compliance with State and Federal laws.
9. TERMINATION OF AGREEMENT
A. This agreement may be terminated by either party upon
thirty (30) days' written notice in the event of substantial failure
of the other party to perform in accordance with the terms of this
Agreement. Each party shall have twenty (20) days following date of
such notice within which to correct the substantial failure giving
rise to such notice. In the event of termination of this Agreement,
City shall within thirty (30) days pay Engineer for all the fees,
charges and services performed to City'S satisfaction by Engineer,
which finding of satisfaction shall not be unreasonably withheld.
Engineer hereby covenants and agrees that upon termination of this
Agreement for any reason, Engineer will preserve and make immediately
available to City, or its designated representatives, maps, notes,
correspondence, or records related to work paid for by the City and
required for its timely completion, and to fully cooperate with City
so that the work to be accomplished under this Agreement may continue
within forty-five (45) days of termination. Any subsequent use of
such incomplete documents shall be at the sole risk of the City and
the City agrees to hold harmless and indemnify Engineer from any
claims, losses, costs, including Attorney's fees, and liability
arising out of such use. Engineer shall be compensated for such
services in accordance with Exhibit "4".
B. This aqre_ent may be terminated for the convenience of
the city upon thirty (30) days written notice to Engineer. Upon such
notice, Engineer shall provide work product to City and City shall
compensate Engineer in the manner set forth above.
C.
Agreement
until all
Following the effective date of termination of this
pursuant to this section, the Agreement shall continue
obligations arising from such termination are satisfied.
CONTINGENCIES
10.
In the event that, due to causes beyond the control of and
without the fault or negligence of Engineer, Engineer fails to meet
any of its obligations under this Agreement, and such failure shall
not constitute a default in performance, and the City may 9rant to
Engineer such extensions of time and make other arrangements or
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addition., excepting any increase in payment, a. may be rea.onable
under the cirCUllStance.. Increases in payment shall be made only
under the "change." provi.ion of thi. Agreement. Engineer shall
notify City within three (3) days in writing when it becomes aware of
any event or cirCUlllStance for which it claims or may claim an
extension.
11. INDEPENDENT CONTRACTOR
Engineer shall act as an independent contractor in the perfor-
mance of the services provided for under this Agreement. Engineer
shall furnish such service. in its own manner and in no respect shall
it be considered an agent or employee of City.
12. ASSIGNMENT OR SUBCONTRACTING
Neither this Agreement, nor any portion thereof, may be
assigned by Engineer without the written consent of City. Any
attempt by Engineer to assign or subcontract any performance of this
Agreement without the written consent of the City shall be null and
yoid and shall constitute a breach- of this Agreement. All
subcontracts exceeding $10,000, shall contain all provisions of this
contract.
13. NOTICES
All official notices relative to thi. Agreement shall be in
writing and addressed to the following representatives of Engineer
and City:
ENGINEER
Leach Mounce Architects
3436 North Verdugo Road
Glendale, CA 91208
gn
Mr. Roqer Hardgrave
Director of Public Works/
City Engineer
300 North "0" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OP PARTIES
A. The Engineer may reasonably rely upon the accuracy of data
provided through the City or its agents without independent
evaluation.
B. The City shall pay all costs of inspection and permit
fees. Charges not specifically covered by the terms of this
Agreement shall be paid as agreed by the partie. hereto at the time
such costs arise, but in no event shall the work to be performed
hereunder cea.e a. a consequence of any unforeseen charges unless by
-mutual written agreement of City and Engineer.
C. All tracings, survey notes, and other original documents
are instruments of service and shall remain the property of Engineer
except where by law, precedent, or agreement these documents become
public property. All such documents or records shall be made
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accessible to city. Engineer shall maintain all records for inspec-
tion by the City, state, or their duly authorized representative. for
a period of three (3) year. after final payment. Engineer shall
stamp and sign all specifications, e.timate., plan. and engineering
data furnished, and, where appropriate, indicate registration nUlllber.
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the Construction Cost prepared by Engineer
represents his jUdgment as a design professional and i. supplied for
the general guidance of the city. Since Engineer has no control over
the cost of labor and material, or over competitive bidding or market
conditions, Engineer doe. not guarantee the accuracy of such opinion.
as compared to contractor bids or actual cost to the City.
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage, brokerage,
or contingent fee, excepting bona fide employees or bona fide
.stablished commercial or selling agencies maintained by the Engineer
for the purpose of securing business. For breach or violation of
this warranty, City shall have the right to terminate this Agreement
in accordance with the clause permitting termination for cause and,
at its sole discretion, to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage or contingent fee.
17. HOLD HARMLESS CAUSE
A. Engineer hereby agrees to hold City, its elective and
appointive board., officers, and employees, harmless from any
liability for damage or claims for damage for personal injury
including death, as well as from claims for property damage, which
may arise from Engineer'S negligent acts, errors or omissions under
this Agreement.
B. Engineer shall indemnify, defend and hold free and
harmless the City, its officers and it. employe.. from all claims,
damages, costs, expenses, and liability, inClUding, but not limited
to attorney's fees imposed upon them for any alleged infringement of
patent rights or copyrights of any person or persons in consequence
of the use by City, its officers, employees, agents and other duly
authorized representatives, of programs or processes supplied to City
by Engineer under this Agreement.
1a. INDEMNITY
Engineer shall indemnify, defend and hold harmless City from
and again.t any and all claims, demands, suits, actions, proceedings,
jUdgments, losses, damages, injuries, penalties, costs, expenses
(including attorney's f.es) and liabilities, of, by, or with respect
to third parties, which arise solely from Engineer'S negligent
performance of services under this Agreement. Engineer shall not be
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responsible for, and City shall indemnify, defend and hold harmless
Enqineer froll and aqainst, any and all claims, demands, suits,
actions, proceedings, judqments, losses, damaqes, injurie., penal-
ties, costs, expenses (inClUding attorney's fees) and liabilities of,
by or with respect to third partie., which arise solely from the
City'S neqliqence. With r.spect to any and all claill., demands,
suit., actions, proc.edinq., jUdqments, losses, dallaqe., injuries,
penalties, costs, expenses (includinq attorney's fees) and liabil-
ities of, by or with resp.ct to third parties, which arise from the
joint or concurrent neqliqence of Enqineer and City, each party shall
assume r.sponsibility in proportion to the degree of its respective
fault.
19. LIABILITY/INSURANCE
A. Enqineer's liability insurance for injury or damaqe to
persons or property arising out of work for which legal liability may
be found to rest upon Enqineer other than for professional errors and
ollissions, shall be a minimum of $1,000,000. For any dallage on
account of any error, ollission or other professional negliqence
Enqine.r's insurance, shall be limited in a sum not to exceed $50,000
.or Enqineer's fee, whichever is greater~
B. The City will require the Enqineer to provide Workers
Compensation and comprehensive qeneral liability insurance, including
cOllpleted operations and contractual liability, with coverage suffi-
cient to insure the Engine.r's indemnity, as above required; and,
such insurance will include the City, the Engineer, their
consultants, and each of th.ir officers, agents and ellployees as
additional insureds.
C. Engineer shall provide evidence of insurance in the form
of a policy of insurance, in which the City is named as an additional
nailed insured to the extent of the coverage required by this
Aqreement.
20. VALIDITY
Should any provision herein be found or deelled to be invalid,
this Agr....nt shall be constru.d as not containing such provision,
and all other provisions which are otherwise lawful shall remain in
full force and affect, and to this end the provisions of this
Agreement are declared to be severable.
21. ENTIRE AGREEMENT
This Aqreellent represents the entire and inteqrated agreement
between the parties hereto and supersedes all prior and
contellporaneous neqotiations, representations, understandinqs and
aqreellents, whether written or oral, with respect to the subject
matter thereof. This Aqreement lIay be amended only by written
instrument signed by both parties.
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AGREEMENT: PROFESSIONAL SERVICES FOR DESIGN AND RENOVATION OP SAVINGS
AND LOAN BUILDING AND ADJACENT STRUCTURE FOR NEW POLICE
STATION
IN WITNESS WHEREOF, the partie. hereto have cau.ed this
Agreement to be executed on the date written above by their duly
authorized Officer. on their behalf.
ATTEST:
LEACH MOUNCE ARCHITECTS
By
Howard Leach, President
RACHEL KRASNEY, City Clerk
CITY OF SAN BERNARDINO,
a municipal corporation
By
W. R. Holcomb, Mayor
Approved a. to form
and legal content:
JAMES F. PENMAN
City Attorney
By:~
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