HomeMy WebLinkAbout23- Public Works ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Robert Eisenbeisz, City Engineer Subject: Resolution approving Amendment
No. 1 to an Agreement for Professional Civil
Dept: Public Works Engineering Services with RCE Consultants,
Inc. for design of a Median in 4th Street at
Date: October 21, 2010 Tiajuana Street(SS06-037).
MCC Date: November 15, 2010
Synopsis of Previous Council Action:
None.
Recommended Motion:
Adopt Resolution.
Robert G. Eisenbeisz
Contact person: Robert Eisenbeisz, City Engineer Phone: 5203
Supporting data attached: Staff Report, Reso & Agreements Ward: 1
FUNDING REQUIREMENTS: Amount: $38,800
Source (Acct. No.) 126-160-5504-7582-0025 &
129-160-5504-7582-0025
Acct. Description: Traffic Calming on 4th Street at
Tiajuana Street& Cabrera Avenue
(SS06-037 and SS06-003)
Finance:
Council Notes: j esy ZD.>O '74
Agenda Item No. 023
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Amendment No. 1 to an Agreement for Professional Civil Engineering
Services with RCE Consultants, Inc. for design of a Median in 4th Street at Tiajuana Street
(SS06-037).
Background:
Approximately five years ago, the City constructed a cul-de-sac on 4th Street at Mt. Vernon
Avenue to discourage the use of 41h Street east of Tiajuana Street by heavy trucks traveling to
and from the Burlington Northern Santa Fe (BNSF) rail yard. The intent was to force the trucks
to travel west on 4t Street to Foothill Boulevard (State Route 66) before proceeding east or
west.
Unfortunately, the closure of the 41h Street connection to Mt. Vernon Avenue did not entirely
solve the truck traffic problems. Trucks continued to use the unimproved residential streets
northerly and easterly of the BNSF entrance/exit. In order to address the concern, the City
entered into an agreement with RCE Consultants, Inc. on February 27, 2009 to design raised
medians that would prevent left turns by trucks to or from the BNSF facility on 4th Street.
1 Construction bids were advertised and accepted the work; however, the project was suspended
when staff became aware of an opportunity to pursue additional funding for an expanded project
to install landscaping along the front of BNSF to help mitigate visual and air quality impacts to
the local community from the railroad yard.
On October 11, 2010, RCE Consultants, Inc., at the request of staff, submitted an expanded
proposal (See Attachment "A") to design additional landscaping and street improvements along
the south side of 4th Street between Mt. Vernon Avenue and the BNSF entrance. The scope of
the expanded project is as follows:
• RCE Consultants, Inc. will conduct two design meetings with City staff and other
stakeholders in order to finalize design details. These meetings shall include two color
renderings of the proposed design.
• Consultant shall provide a design to narrow the roadway on the south side to provide a
single lane eastbound from 5th Street to the cul-de-sac near Mt. Vernon Avenue. The space
v between the right-of-way line and the new curb will be heavily landscaped to provide a
thick screen between 4th Street and the BNSF railroad yard.
1 • Consultant shall investigate the feasibility of including a pedestrian pathway along the south
side of 4 1h Street between 5 1h Street and the cul-de-sac near Mt. Vernon Avenue. If feasible,
this will be included in the improvement plans. This pathway may take the form of a
landscape feature.
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11/02/2010
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
• Consultant shall design a landscaped median island to prevent left turns by large trucks to
and from the BNSF facility.
• Consultant shall design an irrigation system for the areas to be landscaped.
• Consultant shall design a striping plan for 4" Street to match the new median island and
lane configuration.
• Consultant shall attend a meeting with BNSF to present the planned improvements and
solicit their comments before finalizing the design.
RCE Consultants, Inc. completed designs for the raised medians at the BNSF entrance
pursuant to the February 2009 agreement. Those plans will be modified to meet the
requirements of the expanded project. Street design is expected to require about three months
followed by construction, which can be completed in four months, depending upon available
funding.
The fee of $38,800, proposed by RCE Consultants, Inc., is a fair price for the additional
work involved. It is recommended that this Amendment be approved for RCE Consultants,
Inc. because they have accumulated a significant amount of background information from the
previous design contract for 4`h Street.
Financial Impact:
Sufficient funds in the total amount of $38,800 are available in CIP Project No. SS06-003
"Traffic Calming on 4`h Street at Tiajuana Street & Cabrera Avenue" (Account Nos. 126-160-
5504-7582-0025 and 129-160-5504-7582-0025) to cover the cost of this Amendment.
Additional funds are being sought to cover the cost of constructing the expanded project.
Accounts: 126-160-5504-7582-0025 Budgeted Amount: $ 3,100
Balance as of 10/26/10: $ 71,405 Balance after the approval of this item: $ 68,305
Accounts: 129-160-5504-7582-0025 Budgeted Amount: $ 35,700
Balance as of 10/26/10: $ 35,700 Balance after the approval of this item: $ 0
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Recommendation:
Adopt Resolution.
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11/03/2010
1 RESOLUTION NO.
on 2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. I TO AN AGREEMENT WITH
4 RCE CONSULTANTS, INC. FOR PROFESSIONAL CIVIL ENGINEERING SERVICES
FOR DESIGN OF A MEDIAN IN FOURTH STREET AT TIAJUANA STREET (SS06-
5 37).
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That the City Manager is authorized to execute Amendment No. 1 to the
9 Services Agreement with RCE Consultants, Inc. for Design of a Median in Fourth Street at
10 Tiajuana Street (SS06-37) for the additional fixed fee amount of $38,800.00. A copy of said
11
Amendment is attached hereto and incorporated herein as Exhibit"A". The Purchasing Manager
12
13 is hereby authorized and directed to increase the Purchase Orders for said services to RCE
14 Consultants, Inc. in accordance with the requirements of this Resolution.
15 SECTION 3. The authorization to execute the above-referenced Amendment No. I to
16 Agreement for Services is rescinded if it is not signed by the parties within sixty (60) days of the
17 passage of this resolution.
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- 1 -
L1�5/�
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT WITH
RCE CONSULTANTS, INC. FOR PROFESSIONAL CIVIL ENGINEERING SERVICES
3 FOR DESIGN OF A MEDIAN IN FOURTH STREET AT TIAJUANA STREET (SS06-
37).
4
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof, held
7 on the day of , 2010 by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10 DESJARDINS
11
BRINKER
12
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18
City Clerk
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20 The foregoing resolution is hereby approved this day of , 2010.
21
22
Patrick J. Morris, Mayor
23 City of San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN,
26 City Attorney
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Exhibit"A"
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL CIVIL
ENGINEERING SERVICES FOR DESIGN OF A MEDIAN IN FOURTH STREET AT
TIAJUANA STREET (SS06-37)
THIS AGREEMENT is entered into this day of , 2010, between
RCE CONSULTANTS, INC.("Consultant") and the CITY OF SAN BERNARDINO ("City)".
WITNESSETH:
A. WHEREAS, on February 27, 2009, the City Manager approved a Professional
Civil Engineering Services Agreement for a fixed fee of $9,850.00 for Design of a Median in
Fourth Street at Tiajuana Street (SS06-37) (See Attachment "B"); and,
B. WHEREAS, City has requested an expansion of the scope of services
contemplated under said Services Agreement to design additional landscaping, street
improvements and traffic calming measures along the south side of 4th Street between Mt.
Vernon Avenue and 5th Street; and
C. WHEREAS, Consultant, by letter dated October 11, 2010 (Attachment "A"),
has requested an amendment to increase the fixed fee due to said expansion of the scope of
services.
NOW THEREFORE, the parties hereto agree as follows:
1. Section 1.1 Scope of Services, of said Services Agreement is amended to add additional
work as described in Attachment "A", incorporated herein.
2. Section 2.1 Compensation, of said Services Agreement is amended to read as follows:
Over the term of this Amendment No. 1, Consultant shall be paid an additional amount of
$38,800.00 for Amendment No.l as indicated in Attachment "A" for a total fixed fee of
$48,650.00 for all work contemplated under the terms of this Agreement as Amended as
follows:
a) Services Agreement approved by City Manager . . . . . . . . . . . . $ 9,850.00
b) Amendment No. 1 (this request) ................................... 38,800.00
Total not-to-exceed amount . . . . . . . . . . $ 48,650.00
3. All other terms and conditions of said Services Agreement approved by the City Manager
on February 27, 2009 shall remain unchanged.
a
Exhibit"A"
Amendment No. 1 to Services Agreement—RCE Consultants
Page 2 of 2
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AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL CIVIL
ENGINEERING SERVICES FOR DESIGN OF A MEDIAN IN FOURTH STREET AT
TIAJUANA STREET (SS06-37)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
shown below.
RCE CONSULTANTS, INC.
Date: by:
f Signature
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Print Name/Title
CITY OF SAN BERNARDINO
Date: by:
Charles E. McNeely
City Manager
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman
City Attorney
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By:
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ATTACHMENT "A"
7595 Irvine Center Drive
Suite 150
Irvine,CA 92618
Phone 949.453.0111
consultants, Inc. Fax 949.4 53.0411
October 11, 2010
City of San Bernardino
Robert Eisenbeisz,City Engineer
300 North"D" Street
San Bernardino,CA 92418-0001
Reference: 4«' Street Landscape and Street Improvements Proposal
Dear Robert:
RCE Consultants, Inc. is pleased to submit herewith our proposal to provide professional
engineering services for the captioned project. We understand that the City wishes to
design and construct landscaping to screen the BNSF truck facility on 4`h Street from the
adjacent residential community.and improve the air quality in the area.
The following scope of services has been prepared based on our review of the site
conditions, discussions with you and our understanding of the requirements of the project.
SCOPE OF SERVICES:
1. Topographic Survey:
As we have already surveyed a portion of the project area, specifically, from
the 5th Street/4th Street intersection to Tia Juana Street; the additional
design survey required for the new project area will include:
• Half-street cross-sections of 41h Street(south half) every 25' for a
total length of 2,400' linear feet from Tia Juana Street to the end of
the cul-de-sac at Mt. Vernon Avenue. The points collected at each
cross-section will include centerline, edge of concrete roadbed, lip
of gutter, flow-line, top of curb and right-of-way.
• Top of curb only,every two hundred feet (200') on the north side
curb.
• Trees on the south side of the street,the edges and flow-line of the
existing drainage Swale on the south side at the end of the cul-de
0' Street Landscape and Street Improvements Proposal
October 11, 2010
Page 2
Ll!onsultants, Inc.
sac, underground utility surface features, light poles and one
driveway.
■ The back of sidewalk at the end of the cul-de-sac and the two
existing fences.
2. Existing Facility Research:
RCE will research the overall project area, contact the local utility
companies for existing facility maps and procure available street record
drawings from the City. We will also request record maps for the project
area.
3. Base Map Preparation:
Based on the data procured during the research phase, we will prepare the
project base map. This will include the street right-of-way, existing
underground and overhead utilities, existing trees and existing curbs.
Existing easements depicted on final maps will be plotted; however, this
proposal assumes no additional easement research. This proposal assumes
that title reports confirming ownership will not be provided and are
3
therefore excluded from this scope of work.
1
4. Preliminary Design:
RCE will utilize the base map and the previously prepared traffic calming
median layout at the BNSF trucking facility entrance to prepare a plan view
drawing of the proposed median alterations and the new curb and gutter
along 0' street to the end of the existing cul-de-sac. This preliminary
;l drawing will be at a scale of 1" = 20' for City review and approval. The plan
will show the lane widths, transitions, striping, median dimensions and area
to be landscaped. As requested, all improvements will be limited to the
south side of the street. Also, no intersection improvements will be
required. Two iterations of changes and re-submittals are included in this
phase of the work.
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Upon approval by the City of the preliminary layout described above we
will prepare a preliminary landscape planting plan. We anticipate
approximately 57,000 square feet of landscape area in this project. We will
meet with the City and project stakeholders to determine the appropriate
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4"' Street Landscape and Street Improvements Proposal.
October 11, 2010
Page 3 '
KM:Consultants, Inc.
types of trees for the project. We will also meet with BNSF to discuss the
proposed landscaping before proceeding to final design. One iteration of
landscape changes and re-submittal is included in this phase. As an aid to
visualization of the proposed project, we will prepare two colored exhibits
showing the new landscaping viewed from both 4`" street and from Mount
Vernon Avenue.
5. Final Design:
Upon approval of the preliminary landscape planting plan and authorization
by the City to proceed, we will prepare the final construction documents.
These will include:
• Title Sheet (I sheet)
• Street Improvement Plans, 3,100 linear feet (4 sheets @ 1"=40')
• Median plan(1 sheet at 1"=20')
• Striping plan, 3,750 linear feet(2 sheets at I"=40')
• Planting plan, 3,100 linear feet(3 sheets @ 1"=20')
• Irrigation plan, 3,100 linear feet (3 sheets @ 1"=20')
• Landscape details (2 sheets)
Note: Some of the above listed sheets have been prepared previously,
but will be altered to suit this project.
6. Cost Estimate:
Upon completion of the preliminary design and final construction drawings,
RCE will prepare engineer's estimates of probable construction cost for
submittal to the City.
7. Deliverables:
RCE will deliver three (3) copies of the preliminary design drawings and
three (3) copies of the 90% complete drawings to the City for review and
comment. We will incorporate City review comments, finalize the plans and
submit one set of the 100% complete drawings on 24" x 36" mylar signed
by a California registered Civil Engineer and a California registered
Landscape Architect.
4`h Street Landscape and Street Improvements Proposal
October 11, 2010
Page 4
Ll!onsultants, Inc.
8. Meetings:
RCE will attend a total of four(4) meetings (two (2) design review and two
(2) coordination) with the City and other stakeholders as directed.
PROPOSAL EXCLUSIONS AND CLARIFICATIONS:
1. As requested, all improvements will be limited to the south side of the street.
Also, no intersection improvements will be required.
2. The existing trees are assumed to remain in place.
3. Specifications will be prepared by the City.
4. Geotechnical engineering will be provided by the City.
S. Title report if required will be provided by the City.
6. Hydrology calculations and report preparation are excluded from this scope of
services.
7. Storm Drainage Design is excluded. The existing drainage ditch will remain in
place and the new curb and gutter drainage outlet will connect to the existing
drainage ditch.
8. Construction staking is excluded from this proposal and can be provided as all
optional service at a later date.
9. Construction Administration is excluded frog this proposal.
10. Record Drawing Preparation is excluded from this proposal.
11. Reproduction for Contractor use will be provided by the City.
COMPENSATION AND CONDITIONS:
RCE proposes to perform those services stipulated above for the lump sum fee of$38,800
including reimbursable expenses. This proposal will be valid for 45 days from the date
hereon. Charges will be billed on a monthly basis as the work progresses, and the net
amount will be due at the time of billing.
If this proposal meets with your approval please date and sign the copies, initial Exhibit B
and return one copy of the executed proposal to RCE. This signed proposal will constitute
our agreement to provide professional engineering services for the captioned project.
4'" Street Landscape and Street.Improvements Proposal
October 11, 2010
Page 5
Ll!onsultants, Inc.
Should you have any questions, please do not hesitate to call me at 949.453.0111. We
thank you for the opportunity to work with you on this project.
Sincerely, Accepted by:
(. Cl'ar Printed Name:
k,P.E.
Principal
Signature:
Enclosure(s)
-Exhibit A
Date:
-Exhibit B
City of San Bernardino
MWarkelnnglProposals 201010544-003-City of San Bernardino•4th Street Landscaping Irnprovements.doc
"Consultants, Inc.
EXHIBIT "A"
2010
HOURLY CHARGE RATE AND
EXPENSE REIMBURSEMENT SCHEDULE
Professional SurveyfflappinE
Engineering Intern.....................................$ 56.00 Survey Technician I...................................$ 115.00
Designer/CAD Operator............................$ 110.00 Survey Technician II/Field Supervisor......$ 125.00
Engineer I...................................................$ 112.00 Senior Surveyor.........................................$ 141.00
Engineer 11.................................................$ 120.00 Project Surveyor........................................$ 180.00
Engineer III/Senior Designer....................$ 125.00 Two-Person Survey Party..........................$255.00
Senior Engineer..........................................$ 135.00 Three-Person Survey Party........................$340.00
Project Engineer/Project Coordinator........$ 160.00 One-Man Survey Party........................$ 190.00
Project Manager/Sr.Project Coordinator...$ 177.00
Senior Project Manager..............................$200.00
Principal.....................................................$250.00
Expert Witness Testimony*........................$400.00
Administrative
Administrative Clerk..................................$ 52.00
Word Processor/Admin. Support...............$ 65.00
Graphic Designer/Survey Research...........$ 105.00
Reproduction,special photography,postage,delivery services,express mail,out-of-area telephone calls,
printing,
and any other services performed by subcontractor,will be billed at cost plus 15%.
Reimbursable In-House Costs
Photo Copies(B&W 8.5"x11")......$ 0.20/Each Large Format Copies .....................$ 1.00/S.F.
Photo Copies(B&W 11"x17').......$ 0.35/Each Mileage...........................................$0.65/Mile
Color Copies(up to 8.5"x11")........$ 1.50/Each Compact Disks................................$1 0.00/Each
Color Copies(to 11"x17')..............$ 2.50/Each
NOTE: All rates are effective to November 1,2010.There will be a negotiated increase in rates,5%minimum per
year,for contracts extending beyond October 31,2010.
Four hour minimum
Revised 12/15/09
Consultants,Inc.
PROFESSIONAL SERVICES AGREEMENT TERMS&CONDITIONS
Exhibit"W
SERVICES. RCE will perform services for the Project as set the Project. RCE provides no other expressed or implied
forth in attached scope of service, schedule, and compensation warranty.
based on available information and various assumptions and in PERMITS AND APPROVALS. RCE will assist the Client in
accordance with these Terms & Conditions. The Client preparing applications and supporting documents for the Client
acknowledges that adjustments to the schedule and to secure permits and approvals from agencies having
compensation may be necessary based on the actual jurisdiction over the Project. The Client agrees to pay all
circumstances encountered by RCE in performing their services. application and review fees.
RCE shall retain control over the means and methods used in
performing their services and may retain subconsultants to OWNERSHIP OF DOCUMENTS. Documents prepared by
perform certain services as determined by RCE. RCE for the Project are instruments of service and shall remain
the property of RCE. Record documents of service shall be
SITE ACCESS. The Client shall obtain all necessary approvals based on the printed copy. RCE will furnish documents
for RCE to access the Project site(s). electronically; however, the Client releases RCE from any
PERIOD OF SERVICE. RCE will strive to perform its services liability that may result from documents used in this form.RCE
according to the Project schedule set forth in attachment. The shall not be held liable for reuse of documents for any purpose
services of each task shall be considered complete when other than those intended under the Project.
deliverables for the task have been presented to the Client.RCE INSURANCE. RCE will maintain the following insurance and
shall be entitled to an extension of time and compensation coverage limits during the period of service. The Client will be
adjustment for any delay beyond RCE control. named as an additional insured on the Commercial General
COMPENSATION. The Client shall pay RCE in the manner set Liability and Automobile Liability policies.
forth in attachment. The parties acknowledge that terms of Workers' • As required by applicable state statute.
compensation,are based on an orderly and continuous progress Compensation
of the Project. Compensation shall be equitably adjusted for
delays or extensions of time beyond the control of RCE. Commercial $1,000,000 per occurrence(bodily injury
PAYMENT TERMS. RCE shall submit monthly invoices for General including death&property damage)$2,000,000
services performed and Client shall pay the full invoice amount LiabUily aggregate.
within thirty (30) days of the invoice date. Invoices will be Automobile $1,000,000 combined single limit for bodily
considered correct if not questioned in writing within ten (10) Liability injury and property damage.
days of the invoice date. RCE shall be entitled to a 2% per
month administrative charge in the event of payment delay. Professional $1,000,000 each claim and in the aggregate.
Client payment to RCE is not contingent on arrangement of Liability
project financing. Invoice payment delayed beyond sixty (60) The Client shall make arrangements for Builder's Risk,
days shall give RCE the right to stop work until payments are Protective Liability, Pollution Prevention, and other specific
current. Non-payment beyond seventy (70) days shall be just insurance coverage warranted for the Project in amounts
cause for termination by RCE. appropriate to the Project value and risks.RCE shall be a named
Client's payment of an invoice shall be construed to mean that insured on those policies where RCE may be at risk.The Client
the Client is satisfied with RCE's services to date and that the shall obtain the counsel of others in setting insurance limits for
Client is not aware of any deficiencies in RCE's services unless construction contracts.
otherwise noted.
INDEMNIFICATION.RCE shall indemnify the Client from any
ADDITIONAL SERVICES. The Client and RCE acknowledge reasonable damages caused solely by the negligent act,error,or
that additional services may be necessary for the Project to omission of RCE in the performance of services under the
address issues that may not be known at Project initiation or that Project. If such damage results in part by the negligence of
may be required to address circumstances that were not another party, RCE shall be liable only to the extent of their
foreseen. In that event, RCE shall notify the Client of the need proportional negligence.
for additional services and the Client shall pay for such
additional services in an amount and manner as the parties may LIMITATION OF LIABILITY. In recognition of the relative
subsequently agree. risks and benefits of the project to both the Client and RCE,the
risks have been allocated.The Client agrees to limit the liability
STANDARD OF CARE. Services provided by RCE will be of RCE for all claims related to the Project at$50,000 or the net
performed with the care and skill ordinarily exercised by income realized by RCE for the Project,whichever is greater.
members of the same profession practicing under similar
circumstances. In the event that standards of practice change THIRD PARTY CLAIMS.The Client will compensate RCE for
during the Project, RCE shall be entitled to additional services performed in defense of any third party claim unless the
compensation where the time the work is performed additional claim resulted from the negligent act,error,or omission of RCE.
services are needed to conform to the standard of practice.RCE LEGAL EXPENSE. In the event that either party takes legal
will not be liable for the cost of any omission that adds value to action against the other that is not prosecuted,is dismissed,or if
(initial) Page 1 of 3
Professional Services Terms&Conditions
:Consultants,Inc. '
the decision is rendered for the other party,the party taking legal SAFETY. RCE shall be responsible solely for the safety
action agrees to pay the other their attorney fees,court costs,and precautions or programs of its employees and no other party.
defense expenses within thirty(30)days of the court action.
LIEN RIGHTS. RCE may file a lien against the Client's INFORMATION FROM OTHER PARTIES. The Client and
RCE acknowledge that RCE will rely on information furnished
property in the event that the Client does not make payment by other parties in performing its services under the Project.
within the time prescribed in this agreement. The Client agrees RCE shall not be liable for any damages that may be incurred by
that services by RCE are considered property improvements and the Client in the use of third party information.
the Client waives the right to any legal defense to the contrary.
CONSEQUENTIAL DAMAGES. Neither the Client nor RCE CONSTRUCTION RECORD DRAWINGS. If included in the
scope of service, RCE will deliver drawings to the Client
shall be liable to the other for any consequential damages incorporating information furnished by construction contractors.
regardless of the nature or fault. In that construction record drawings are based on information
ENVIRONMENTAL MATTERS. The Client warrants they have provided by others, RCE cannot and does not warrant their
disclosed all potential hazardous materials that may be accuracy.
encountered on the Project. In the event unknown hazardous FORCE MAJEURE. Neither party will hold the other
materials are encountered, RCE shall be entitled to additional responsible for damages or delay caused by Acts of God,acts of
compensation for appropriate actions to protect the health and was strikes, accidents, or other events beyond the other's
safety of its personnel, and for additional services required to control.
comply with applicable laws. The Client shall indemnify RCE
from any claim related to hazardous materials encountered on DISPUTE RESOLUTION. The Client and RCE agree that they
the Project. shall diligently pursue resolution of all disagreements within
forty-five (45) days of either party's written notice using a
COST OPINIONS. If included in the scope of service, RCE mutually acceptable form of mediated dispute resolution prior to
shall prepare cost opinions for the Project based on historical exercising their rights under law. RCE shall continue to perform
information that represents the judgment of a qualified services for the Project and the Client shall pay for such services
professional.The Client and RCE acknowledge that actual costs during the dispute resolution process unless the Client issues a
may vary from the cost opinions prepared and that RCE offers written notice to suspend work.
no guarantee related to the Project cost.
SUSPENSION OF WORK. The Client may suspend services
CONTINGENCY FUND. The Client acknowledges the performed by RCE with cause upon fourteen (14) days written
potential for changes in the work during construction and the notice.RCE shall submit an invoice for services performed up to
Client agrees to include a contingency fund in the Project budget the effective date of the work suspension and the Client shall
appropriate to the potential risks and uncertainties associated pay RCE all outstanding invoices within fourteen (14) days. If
with the Project.RCE may offer advice concerning the value of the work suspension exceeds thirty (30)days from the effective
the contingency fund; however, RCE shall not be liable for work suspension date, RCE shall be entitled to renegotiate the
additional costs that the Client may incur beyond the Project schedule and the compensation terms for the Project.
contingency fund they select unless such additional cost results RCE reserves the right; without prejudice, to suspend its
from a negligent act, error, or omission related to services services under this contract when client fails to make payments
performed by RCE. within sixty (60)days of any invoice date upon seven(7)days
CONTRACTOR SELECTION. RCE may make recommenda- written notice to the Client of their failure to pay subject invoice.
tions concerning award of construction contracts and products. Work shall remain suspended until all invoice payments are
The Client acknowledges that the final selection of construction current.
contractors and products is their sole responsibility. TERMINATION.The Client or RCE may terminate services on
SHOP DRAWING REVIEW. If included in the scope of service, the Project upon seven (7) days written notice in the event of
RCE shall review shop drawing submittals from the contractor substantial failure by the other party to fulfill its obligations of
solely for their conformance with the design intent of and the terms hereunder. RCE shall submit an invoice for services
performance criteria specified for the Project. RCE shall not be performed up to the effective date of termination and the Client
liable for the performance of or consequential damages of any shall pay RCE all outstanding invoices within fourteen (14)
equipment furnished by the contractor under the Project. days. The Client may withhold an amount for services that may
CONSTRUCTION REVIEW. If included in the scope of be in dispute provided that the Client furnishes a written notice
service,RCE shall observe the progress and content of the work of the basis for their dispute and that the amount withheld
to determine if the work is progressing in general accordance represents a reasonable value.
with the Contract Documents. This construction review is GOVERNING LAW/ASSIGNMENT. The terms of agreement
intended to observe, document, and report information shall be governed by the laws of the state of California.Neither
concerning the construction process. Observation of work at the party shall assign its rights, interests, or obligations under the
Project site shall not make RCE responsible for the work Project without the express written consent of the other party.
performed by another party; the means, methods, techniques, WAIVER OF RIGHTS. The failure of either party to enforce
sequences, or procedures selected by another party; nor the
safety precautions or programs of another party. RCE may any provision of these terms and conditions shall not constitute a
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recommend that the Client reject work by construction waiver of such provision nor diminish the right of either party to
contractors that does not conform to the requirements of the the remedies of such provision.
Project.
Page 2 of 3
(initial) Professional Services Terms&Conditions
Consultants,Lnc. '
SEVERABILITY/SURVIVAL. Any of these terms later held to
violate any law shall be deemed void and all remaining
provisions shall continue in force. All of these terms that
allocate responsibility or liability between the Client and RCE
shall survive the completion or termination of services for the
Project.
Page 3 of 3
(initial) Professional Services Terms&Conditions
ATTACHMENT "'139"
AGREEMENT FOR PROFESSIONAL CIVIL ENGINEERING SERVICES FOR
DESIGN OF A MEDIAN IN FOURTH STREET AT TIAJUANA STREET (SS06-37)
THIS AGREEMENT is made and entered into this-27—day of FA-Lrvar�j 1oo`�
("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city
("City"), and RCE CONSULTANTS, INC. ("Consultant").
WITNESSETH :
A. WHEREAS, City is in need of the services of a qualified Consultant to provide
Professional Civil Engineering Services for design of a median in Fourth Street at Tiajuana
Street (SS06-37), and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in
connection with the project described below (the "Project") and desire to set forth their
rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
I.O. SERVICES PROVIDED R Y CONSULTANT
I.I. Scope of Services. Consultant shall provide Professional Civil Engineering
Services for design of a median in Fourth Street at Tiaivana Street (SS06-37) in accordance
with its Proposal dated January 14, 2009, and attached hereto as Attachment "A". It is
agreed that the Consultant shall prepare the design documents in accordance with City
Standards and as directed by the City Engineer.
1.2. Professional Practices. All professional and contractual services to be
provided by Consultant pursuant to this Agreement shall be provided by personnel
experienced in their respective fields and in a manner consistent with the standards of care.
diligence and skill ordinarily exercised by professional Consultants in similar fields and
circumstances in accordance with sound professional practices. Consultant also represents
that it is familiar with all applicable laws that may affect its performance of this Agreement
and shall advise City of any changes in any laws that may affect Consultant's performance
of this Agreement.
1.3. Warranty. Consultant warrants that it shall perform the services required by
this Agreement in compliance with all applicable Federal and California employment laws
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including, but not limited to, those laws related to minimum hours and wages; occupational
health and safety; fair employment and employment practices; workers' compensation
insurance and safety in employment; and all other Federal, State and local laws and
ordinances applicable to the services required under this Agreement. Consultant shall
indemnify and hold harmless City from and against all claims, demands, payments, suits,
actions, proceedings, and judgments of every nature and description including attorneys'
fees and costs, presented, brought, or recovered against City for, or on account of any
liability under any of the above-mentioned laws, which may be incurred by reason of
Consultant's negligent acts, errors or omissions in their performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other category
protected by law, except as permitted pursuant to Section 12940 of the Government Code.
Violation of this provision may result in the imposition of penalties referred to in Labor
Code, Section 1735.
1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter
into agreements with other Consultants for services similar to the services that are subject
to this Agreement or may have its own employees perform services similar to those
services contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without the
prior written consent of City.
1.7. Business License: The Consultant shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees
that as the City's Design Consultant, Consultant shall maintain a fiduciary duty and a duty
of loyalty to the City in performing Consultant's obligations under this Agreement.
Consultant, in performing its obligations under this Agreement, is governed by California's
conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California
t Code of Regulations Section 18700 et seq.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Consultant shall be
compensated for such services for the Fixed Fee of$9,850.00.
2.2. Additional Services. Consultant shall not receive compensation for any
services provided outside the scope of services specified in this Agreement unless the City,
prior to Consultant performing the additional services, approves such additional services in
writing. It is specifically, understood that oral requests and/or approvals of such additional
services or additional compensation shall be barred and are unenforceable.
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2.3. Method of Billing. Consultant may submit invoices to the City Engineer for
approval on a progress basis, but no more often than monthly. Said invoice shall be based
on the total of all Consultants' services, which have been completed to City's sole
satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date
City receives said invoice. Each invoice shall describe in detail, the services performed
and the associated time for completion. Any additional services approved and performed
pursuant to this Agreement shall be designated as "Additional Services" and shall identify
the number of the authorized change order, where applicable, on all invoices.
14. Records and Audits. Records of Consultant's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to the City Engineer for inspection and/or audit at
mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. After approval of all contract
documents, the City Engineer shall issue a Notice to Proceed. The professional services to
be performed pursuant to this Agreement shall commence within five (5) days from the
date of the Notice to Proceed and shall be completed within thirty (30) days therefrom
unless otherwise approved by the City Engineer. Failure to commence work in a timely
manner and/or diligently pursue work to completion may be grounds for termination of this
Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such
acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond the
reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue
until satisfactory completion of all work contemplated herein.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
notice to Consultant. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Consultant shall
immediately stop rendering services under this Agreement unless directed otherwise by the
C itv.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and
including the date of City's written notice of termination. Compensation for work in
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progress shall be prorated as to the percentage of work completed as of the effective date of
termination in accordance with the fees set forth herein. In ascertaining the professional
services actually rendered hereunder up to the effective date of termination of this
Agreement, consideration shall be given to both completed work and work in progress, to
complete and incomplete drawings, and to other documents pertaining to the services
contemplated herein whether delivered to the City or in the possession of the Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery
of termination notice to Consultant, at no cost to City. Any use of uncompleted documents
without specific written authorization from Consultant shall be at City's sole risk and
without liability or legal expense to Consultant. City shall indemnify and hold harmless
Consultant from all claims, damages, losses, and expenses, including attorneys' fees,
arising out of or resulting from City's use of such documents for other projects not
contemplated by this Agreement or use of incomplete documents furnished by Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent Consultants, personal injury with a
policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
California.
(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
per claim and aggregate. Consultant shall obtain and maintain, said
E&O liability insurance during the life of this Agreement and for
three years after completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
Ar (a) Additional insureds: "The City of San Bernardino and its elected
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and appointed boards, officers, agents, and employees are additional
insureds with respect to this subject project and contract with City."
(b) Notice: "Said policy shall not be cancelled, nor the coverage
reduced, until thirty (30) days after written notice is given to City."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall .be excess and not contributing with the
insurance provided by this policy."
5.3. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in
a form and content approved by City, prior to performing any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any and all
other prior writings and oral negotiations. This Agreement may be modified only in
writing, and signed by the parties in interest at the time of such modification. The terms of
this Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto, including exhibits to this Agreement.
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6.21. Representatives. The Director of Development Services or her designee
shall be the representative of City for purposes of this Agreement and may issue all
R consents, approvals, directives and agreements on behalf of the City, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
S
Consultant shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on
behalf of Consultant called for by this Agreement, except as otherwise expressly provided
j in this Agreement.
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3 6.3. Project Managers. City shall designate a Project Manager to work directly
with Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be
its agent in all consultations with City during the term of this Agreement. Consultant or its
Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
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facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by
personal delivery; b) at the time of transmission if such communication is sent by
facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S.
postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Rich Clark, P.E., Principal Valerie C. Ross
RCE Consultants, Inc. Director of Development Services
7595 Irvine Center Drive, Su. 130 300 North "D" Street
Irvine, CA 92618 San Bernardino, CA 92418
Fax: (949) 453-0411 Fax: 909-384-5080
Tel: (949) 453-0111 Tel: 909-384-5357
6.5. Attorneys' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all reasonable costs and expenses, including reasonable attorneys' fees,
incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or
the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this contract on
behalf of the City shall be considered as "attorneys' fees" for the purposes of this
paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed under
the laws of the State of California without giving effect to that body of laws pertaining to
conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the
parties hereto agree that the sole and exclusive venue shall be a court of competent
jurisdiction located in San Bernardino County, California.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement
without City's prior written consent. Any attempted assignment, transfer, subletting or
encumbrance shall be void and shall constitute a breach of this Agreement and cause for
termination of this Agreement. Regardless of City's consent, no subletting or assignment
shall release Consultant of Consultant's obligation to perform all other obligations to be
performed by Consultant hereunder for the term of this Agreement.
6.8 Indemnification and Hold Harmless. Consultant shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including reasonable attorney fees,
damage to property or injuries to or death of any person or persons or damages of any
nature including, but not by way of limitation, all civil claims or workers' compensation
claims, arising out of or in any way connected with the intentional or negligent acts, errors
or omissions of Consultant, its employees, agents or subconsultants in the performance of
this Agreement.
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6.9. Independent Consultant. Consultant is and shall be acting at all times as an
independent Consultant and not as an employee of City. Consultant shall secure, at his
expense, and be responsible for any and all pavment of Income Tax, Social Securit y. State
Disability Insurance Compensation, Unemployment Compensation, and other payroll
deductions for Consultant and its officers, agents, and employees, and all business licenses,
if any are required, in connection with the services to be performed hereunder.
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6.10 Ownership of Documents. All findings, reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished or
prepared by Consultant or any of its subconsultants in the course of performance of this
1 Agreement, shall be and remain the sole property of City. Consultant agrees that any such
documents or information shall not be made available to any individual or organization
without the prior consent of City. Any use of such documents for other projects not
contemplated by this Agreement, and any use of incomplete documents, shall be at the sole
j risk of City and without liability or legal exposure to Consultant. City shall indemnify and
hold harmless Consultant from all claims, damages, losses, and expenses, including
attorneys' fees, arising out of or resulting from City's use of such documents for other
projects not contemplated by this Agreement or use of incomplete documents furnished by
i Consultant. Consultant shall deliver to City any findings, reports, documents, information,
data, in any form, including but not limited to, computer tapes, discs, files audio tapes or
any other Project related items as requested by City or its authorized representative, at no
j additional cost to the City.
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j 6.11 Public Records Act Disclosure. Consultant has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
a tapes, discs or files furnished or prepared by Consultant, or any of its subconsultants, and
provided to City may be subject to public disclosure as required by the California Public
a
Records Act (California Government Code Section 6250 et. seq.). Exceptions to public
' disclosure may be those documents or information that qualify as trade secrets, as that term
is defined in the California Government Code Section 6254.7, and of which Consultant
? informs City of such trade secret. The City will endeavor to maintain as confidential all
information obtained by it that is designated as a trade secret. The City shall not, in any
way, be liable or responsible for the disclosure of any trade secret including, without
j limitation, those records so marked if disclosure is deemed to be required by law or by
order of the Court.
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1 6.12. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification and/or
explanation as may be required by the City's representative, regarding any services
rendered under this Agreement at no additional cost to City. In the event that an error or
omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide
all necessary design drawings, estimates and other Consultant professional services
necessary to rectify and correct the matter to the sole satisfaction of City, and to participate
in any meeting required with regard to the correction.
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d
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6.13. Prohibited Employment. Consultant will not employ any regular employee
of City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the
sole benefit of City and Consultant and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in, under
or to this Agreement.
6.17. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or
to be a full or accurate description of the content thereof and shall not in any way affect the
meaning or interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or interpretation
arises with respect to this Agreement, this Agreement shall be construed as if drafted
jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in no
way be deemed a waiver of those rights to require such performance or compliance. No
waiver of any provision of this Agreement shall be effective unless in writing and signed
by a duly authorized representative of the party against whom enforcement of a waiver is
sought. The waiver of any right or remedy in respect to any occurrence or event shall not
be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor
shall any waiver constitute a continuing waiver.
6.21. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall
not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance.
6.22. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
8
construed together and shall constitute one agreement.
6.23. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of
said parties and that by doing so, the parties hereto are formally bound to the provisions of
this Agreement.
9
AGREEMENT FOR PROFESSIONAL CIVIL ENGINEERING SERVICES FOR
DESIGN OF A MEDIAN IN FOURTH STREET AT TIAJUANA STREET (SS06-37)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO, RCE CONSULTANTS, INC.
A Municipal Corporation, Consultant
c
By
Mar . Weinberg, Interim City Manager Signature
1�/CHF,iP.O 46W 46*09wr
Name and Title
Approved as to form:
James F. Penman,
City Attorney
A
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ATTACHMENT "A"
10 • 7595 Irvine Center Drive
Suite 150
Irvine,CA 92618
Phone 949.453.0111
onsultants, Inc, Fax 949 453.0411
January 14,2009
City of San Bernardino
Robert Eisenbeisz
300 North"D"Street
San Bernardino,CA 92418-0001
Reference: 4'"Street Median Improvements Proposal
Dear Robert:
RCE Consultants, Inc. is pleased to submit herewith our proposal to provide professional engineering
services for the captioned project. We understand that the City wishes to design and construct medians and
islands at the BNSF truck facility on 4`" Street in order to discourage truck traffic turning eastwards on 4'h
Street towards Tiajuana Street.
The following scope of services has been prepared based on our review of the site conditions, discussions
with you and our understanding of the requirements of the project.
SCOPE OF SERVICES:
[. PRELIMINARY SERVICES
A. Preliminary Layout:
RCE will prepare a plan view drawing of the proposed medians and curb islands at a scale
of 1"=20'for City review and approval. This will be based on the information we received
during our meeting on Friday, September 5, 2008. The plan will show the lane widths,
transitions,striping and media:dimensions.
B. Drawing Preparation:
Upon approval by the City of the preliminary layout described above we will prepare a
final construction drawing showing the proposed improvements at a scale of i"=20'. This
plan will also show the existing street layout,striping and utility surface features.
C. Cost Estimate:
Upon completion of the construction drawing, RCE will prepare an engineer's estimate of
probable cost for submittal to the City.
D. Deliverables:
RCE will deliver three (3)copies of the 90% complete drawing to the City for review and
comment. We will then incorporate City review comments, finalize the plan and submit
one set of the 100% complete drawings on 24" x 36" mylar signed by a California
registered civil engineer.
E. Meetings:
RCE will attend one
(1)meeting with the City if requested after the City has reviewed the
90% complete drawing submittal. We will issue meeting minutes afterwards to all
attendees.
w
Proposal—4"Street Median Improvements Proposal
January 14,2009
Page 2
'Consultants, Inc.
PROPOSAL EXCLUSIONS AND CLARIFICATIONS:
1. Existing curbs and gutters will be protected in place.
2. No utility research will be provided as this effort has already been completed during the
recently completed pavement rehabilitation project.
3. Specifications will be prepared by the City.
4. Geotechnical engineering will be provided by the City.
5. Hydrology calculations and report preparation are excluded from this scope of services.
6. The existing conditions to be shown on the project plan will be based on the field survey carried
out during the previous pavement rehabilitation project and City record drawings. Field design
survey is therefore excluded from this proposal.
7. Easement review is excluded from this proposal.
8. Construction Staking is excluded from this proposal.
COMPENSATION AND CONDITIONS:
RICE proposes to perform those services stipulated above for the lump sum fee of $9,850 including
reimbursable expenses. This change order request will be valid for 45 days from the date hereon.
The above fee excludes reproductions, blueprints, and other expenditures not explicitly addressed in this
proposal. Any cost incurred in the preparation of these items will be provided at cost plus 15% or for a
mutually agreed upon fee. Charges will be billed on a monthly basis as the work progresses, and the net
amount will, be due at the time of biliing.
If this proposal meets with your approval please date and sign the copies, initial Exhibit B and return one
copy of the executed proposal to RICE. This signed proposal and payment of the requested retainer will
constitute our agreement to provide professional engineering services for the captioned project.
Should you have any questions, please do not hesitate to call me at 949.453.01 11. We thank you for the
opportunity to work with you on this project.
Sincerely,
Accepted by:
Richard L.Clark,P.E. U Printed Name:
Principal —
Enclosurc(s) Signature:
-Exhibit A
-Exhibit B
Date:
A11M ark edngt PIopoals 2009\0544-002•City of San Bernardino-4th Street hIedisn Improvements doe City of San Bernardino
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Li::Consultants, Inc.
EXHIBIT "A"
2009
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HOURLY CHARGE RATE AND
EXPENSE REIMBURSEMENT SCHEDULE
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Professional Survey/Manuine
Engineering Intern......................................$ 56.00 Survey Technician I...................................$ 115.00
Designer/CAD Operator............................$ 110.00 Survey Technician II/Field Supervisor.......$ 125.00
Engineer I...................................................$ 112.00 Senior Surveyor. ........................................$ 141.00
Engineer II.................................................$ 120.00 Project Surveyor. .......................................$ 175.00
Engineer III/Senior Designer....................$ 125.00 Two-Person Survey Party..........................$244.00
Senior Engineer..........................................$ 135.00 Three-Person Survey Party........................$335.00
Project Engineer/Project Coordinator........$ 160.00 Survey Travel Time(Two-person).............$ 98.00
Project Manager/Sr. Project Coordinator...$ 177.00 One-Man Survey Party........................$ 183.00
Senior Project Manager..............................$200.00
Principal.....................................................$250.00
Expert Witness Testimony*.......................$400.00
Administrative
Administrative Clerk..................................$ 52.00
Word Processor/Admin. Support...............$ 65.00
Graphic Designer/Survey Research............$ 105.00
Reproduction,special photography,postage,delivery services,express mail,out-of-area telephone calls,printing
and any other services performed by subcontractor,will be billed at cost plus 15%.
Reimbursable In-House Costs
Photo Copies(B&W 8.5"x 11")......$ 0.20/Each Large Format Copies .....................$ 1.00/S.F.
Photo Copies(B&W I I"x17").......$ 0.35/Each Mileage...........................................$0.65/Mile
Color Copies(up to 8.5"x11")........$ 1.50/Each Compact Disks................................$10.00/Each
Color Copies(to l 1"x 17")..............$ 2.50/Each
NOTE: All rates are effective to November 1,2009.There will be a negotiated increase in rates,5%minimum per
year, for contracts extending beyond October 31, 2009.
* Four hour minimum
Revised 9/15/08
�Consuttants,Inc.
PROFESSIONAL$
ERVICES AGREEMENT TERMS&coNOmays
Exhibit"B"
SERVICES. RCE will perform services for the Project as set to secure permits and approvals from agencies having
forth in attached scope of service, schedule, and compensation jurisdiction over the Project. The Client agrees to pay all
based on available information and various assumptions and in application and review fees.
accordance with these Terms & Conditions. The Client OWNERSHIP OF DOCUMENTS. Documents prepared by
acknowledges that adjustments to the schedule and RCE for the Project are instruments of service and shall remain
compensation may be necessary based on the actual the property of RCE. Record documents of service shall be
circumstances encountered by RCE in performing their services. based on the printed copy. RCE will furnish documents
RCF, shall retain control over the means and methods used in electronically; however, the Client releases RCE from any
performing their services and may retain subconsultants to liability that may result from documents used in this form.RCE
perform certain services as determined by RCE, shall not be held liable for reuse of documents for any purpose
SITE ACCESS. The Client shall obtain all necessary approvals other than those intended under the Project.
for RCE to access the Project site(s). INSURANCE. RCE will maintain the following insurance and
PERIOD OF SERVICE. RCE will strive to perform its services coverage limits during the period of service. The Client will be
according to the Project schedule set forth in attachment. The named as an additional insured on the Commercial General
services of each task shall be considered complete when liability and Automobile Liability policies.
deliverables for the task have been presented to the Client. RCE
shall be entitled to an extension of time and compensation Workers' As required by applicable state statute.
Compensation
adjustment for any delay beyond RCE control.
COMPENSATION. The Client shall pay RCE in the manner set Commercial $1,000,000 per occurrence(bodily injury
forth in attachment. The parties acknowledge that terms of General including death&property damage)$2,000,000
compensation are based on an orderly and continuous progress Liability aggregate.
of the Project. Compensation shall be equitably adjusted for Automobile $1,000,000 combined single limit for bodily
delays or extensions of time beyond the control of RCE. Liabili1y injury and property damage.
-` PAYMENT TERMS. RCE shall submit month) invoices for
y Professional $1,000,000 each claim and in the aggregate.
services performed and Client shall pay the full invoice amount Liabili
within thirty (30) days of the invoice date. Invoices will he
considered correct if not questioned in writing within ten (10) The Client shall make arrangements for Builder's Risk,
days of the invoice date. RCE shall be entitled to a 2% per Protective Liability, Pollution Prevention, and other specific
month administrative charge in the event of payment delay, insurance coverage warranted for the Project in amounts
Client payment to RCE is not contingent on arrangement of appropriate to the Project value and risks.RCE shall be a named
project financing. invoice payment delayed beyond sixty (60) insured on those policies where RCE may be at risk.The Client
days shall give RCE the right to stop work until payments are shall obtain the counsel of others in setting insurance limits for
current. Non-payment beyond seventy (70) days shall be just construction contracts.
cause for termination by RCE. INDEMNIFICATION. RCE shall indemnify the Client from any
ADDITIONAL SERVICES. The Client and RCF, acknowledge reasonable damages caused solely by the negligent act, error,or
that additional services may be necessary for the Project to omission of RCF, in the performance of services under the
address issues that may not be known at Project initiation or that Project. If such damage results in part by the negligence of
may be required to address circumstances that were not another party, RCE shall be liable only to the extent of their
foreseen. In that event, RCE shall notify the Client of the need proportional negligence.
for additional services and the Client shall pay for such LIMITATION OF LIABILITY. In recognition of the relative
additional services in an amount and manner as the parties may risks and benefits of the project to both the Client and RCE, the
subsequently agree. risks have been allocated. The Client agrees to limit the liability
STANDARD OF CARE. Services provided by RCF, will be of RCE for all claims related to the Project at$50,000 or the net
performed with the care and skill ordinarily exercised by income realized by RCE for the Project,whichever is greater.
members of the same profession practicing under similar THIRD PARTY CLAIMS. The Client will compensate RCE for
circumstances. In the event that standards of practice change services performed in defense of any third party claim unless the
during the Project, RCE shall be entitled to additional
compensation where the time the work is performed additional claim resulted from the negligent act error,or omission of RCE.
services are needed to conform to the standard of practice. RCF, LEGAL EXPENSE. in the event that either party takes legal
will not be liable for the cost of any omission that adds value to action against the other that is not prosecuted, is dismissed,or if
the Project. RCE provides no other expressed or implied the decision is rendered for the other party,the party taking legal
warranty. action agrees to pay the other their attorney fees,court costs,and
�t PERMITS AND APPROVALS. RCE will assist the Client in defense expenses within thirty(30)days of the court action.
preparing applications and supporting documents for the Client
___(initial) Page 1 oft
Professional Services Terms&Conditions
• Y .
i
�'Consuttants,Inc.
LIEN RIGHTS. RCE may file a lien against the Client's INFORMATION FROM OTHER PARTIES. The Client and
property in the event that the Client does not make payment RCE acknowledge that RCE, will rely on information furnished
within the time prescribed in this agreement. The Client agrees by other parties in performing its services under the Project.
that services by RCF.are considered property improvements and RCE shall not be liable for any damages that may be incurred by
the Client waives the right to any legal defense to the contrary. the Client in the use of third party information.
CONSEQUENTIAL DAMAGES. Neither the Client nor RCE CONSTRUCTION RECORD DRAWINGS. If included in the
shall be liable to the other for any consequential damages scope of service, RCE will deliver drawings to the Client
regardless of the nature or fault, incorporating information furnished by construction contractors.
ENVIRONMENTAL MATTERS. The Client warrants they have In that construction record drawings are based on information
disclosed all potential hazardous materials that may be provided by others, RCE cannot and does not warrant their
encountered on the Project. In the event unknown hazardous accuracy,
materials are encountered, RCE shall be entitled to additional FORCE MAjEURE. Neither party will hold the other
compensation for appropriate actions to protect the health and responsible for damages or delay caused by Acts of God,acts of
safety of its personnel, and for additional services required to war, strikes, accidents, or other events beyond the other's
comply with applicable laws. The Client shall indemnify RCE control.
from any claim related to hazardous materials encountered on DISPUTE RESOLUTION. The Client and RCE agree that the
the Project. g y
shall diligently pursue resolution of all disagreements within
COST OPINIONS. If included in the scope of service, RCE forty-five (45) days of either party's written notice using a
shall prepare cost opinions for the Project based on historical mutually acceptable form of mediated dispute resolution prior to
information that represents the judgment of a qualified exercising their rights under law. RCE shall continue to perform
professional. The Client and RCE acknowledge that actual costs services for the Project and the Client shall pay for such services
may vary from the cost opinions prepared and that RCF, offers during the dispute resolution process unless the Client issues a
no guarantee related to the Project cost. written notice to suspend work.
CONTINGENCY FUND. The Client acknowledges the SUSPENSION OF WORK. The Client may suspend services
potential for changes in the work during construction and the performed by RCE with cause upon fourteen (14) days written
Client agrees to include a contingency fund in the Project budget notice.RCE shall submit an invoice for services performed up to
appropriate to the potential risks and uncertainties associated the effective date of the work suspension and the Client shall
with the Project. RCE may offer advice concerning the value of pay RCE all outstanding invoices within fourteen (14) days. If
the contingency f1Lnd; however, RCE shall not be liable for the work suspension exceeds thirty(30)days from the effective
additional costs that the Client may incur beyond the work suspension date, RCE shall be entitled to renegotiate the
contingency fund they select unless such additional cost results Project schedule and the compensation terms for the Project.
from a negligent act, error, or omission related to services T �� T ��: ���
performed by RCE. I ERMUNATIOR.The Client or�wi may terminate services on
the Project upon seven (7) days written notice in the event of
CONTRACTOR SELECTION. RCE may make recommends- substantial failure by the other party to fulfill its obligations of
tions concerning award of construction contracts and products. the terms hereunder. RCE shall submit an invoice for services
The Client acknowledges that the final selection of construction performed up to the effective date of termination and the Client
contractors and products is their sole responsibility. shall pay RCE all outstanding invoices within fourteen (14)
SHOP DRAWING REVIEW.If included in the scope of service, days. The Client may withhold an amount for services that may
RCE shall review shop drawing submittals from the contractor be in dispute provided that the Client furnishes a written notice
solely for their conformance with the design intent of and of the basis for their dispute and that the amount withheld
performance criteria specified for the Project. RCE shall not be represents a reasonable value.
liable for the performance of or consequential damages of any GOVERNING LAW/ASSIGNMENT. The terms of agreement
equipment furnished by the contractor under the Project. shall be governed by the laws of the state of California. Neither
CONSTRUCTION REVIEW. If included in the scope of party shall assign its rights, interests, or obligations under the
service, RCE shall observe the progress and content of the work Project without the express written consent of the other parry.
to determine if the work is progressing in general accordance WAIVER OF RIGHTS. The failure of either party to enforce
with the Contract Documents. This construction review is any provision of these terms and conditions shall not constitute a
intended to observe, document, and report information waiver of such provision nor diminish the right of either party to
concerning the construction process. Observation of work at the the remedies of such provision.
Project site shall not make RCE responsible for the work SEVERABILITY/SURVIVAL. Any of these terms later held to
performed by another party; the means, methods, techniques,
sequences, or procedures selected by another party; nor the violate any law shall be deemed void and all remaining
safety precautions or programs of another party. RCE may provisions shall continue in force. All of these terms that
recommend that the Client reject work by construction allocate responsibility or liability between the Client and RCE
contractors that does not conform to the requirements of the shall survive the completion or termination of services for the
Project. Project.
SAFETY. RCE shall be responsible solely for the safety
precautions or programs of its employees and no other party.
(initial)
Page 2of2
Professional Services Terms&Conditions
c 'iiav sue;, .♦ 9ffi r Y J ° i4 4w„ t d.�•t iwG i� ';'e•
w � f°�K-F.�z•w.,...-.».-�»Fv,....., t «mri �°!''.S �,.,. .,a<+.,o .. .,..r. ,.-�;,5 „,wit, KEEP FOR YOUR FtEi:ORUS
CITY OF SAN BERNA"INO
BUSINESS REGISTRATION CERTIFICATE
ACCOUNT This Business Registration Certificate does not indicate the legal operation of this business at this location. Other approvals by other City ACCT NO. 925612
departments,such as Development services may be required This Certificate is issued without verification that the cenificatc is subject to or
NUMBER exempt from licensing by the State of California DATE PAID 06/13/2008
925612 RENEWAL The Business Owner is responsible for timely renewal Not receiving a renewal notice for any reason does not relieve
responsibility for timely payrnrit If not paid within 30 days of the expiration date shown,a 50%penalty will be'unposed. 575 $60.00
BUSINESS CLASS: ENGINEER(OUTSIDE) EXPIRATION DATE
DATE PAID NOTES: 5/31/2009
06/13/2008 BUSINESS LOCATION: 7595 IRVINE CENTER DR STE 130 Ulu'
i
OWNER,FIRM OR RCE CONSULTANTS ,INC
CORPORATION
BUSINESS NAME RCE CONSULTANTS, INC BALANCE $0.00
ATTENTION
i
MAILING ADDRESS 7595 IRVINE CENTER DR STE 130
IRVINE, CA, 92618-2999
IL
C I'T� ( t.. 5.AF7 dtijfvAFii1 "v(J
Client#: 11995 RCECONSUL
ACORD, CERTIFICATE OF LIABILITY INSURANCE OB/26108D1YV)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton 8 Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
39 S Los Robles Ave Ste 540 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Pasadena, CA 91101
626 844-3070 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Travelers Indemnity Co,of Connectic
RCE Consultants, Inc. INSURER B: Travelers Property Casualty Co of Am
7595 Irvine Center Dr., Suite 150 -..-._ - – —_ _ -"– -
INSURER G American Automobile Ins.Co.
Irvine, CA 92618 _ __. ----_–_-- ------------- .--._ _- _
INSURER D St.Paul Fire$Marine Ins.Co.
INSURER E United States Fidelity$Guaranty
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE .AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR T POLICY EFFECTIVE POLICY EXPIRATION -
LTR I TYPE OF INSURANCE POLICY NUMBER DATE MMloO/Y DATE MM/DD/YY LIMITS
A GENERAL LIABILITY 68031521-626 08/20/08 08/20/09 EACH OCCURRENCE !$1,000,000
X '.COMMERCIAL GENERAL LIABIL.;TY FIRE DAMAGE(Any one fre) �$1 000,000 --,
I ! CLAIMS MADE X OCCUR MED_E_XP(Any one person) 51 0,000_ _
r
PERSONAL d ADV INJURY $1,000,000
. ! GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMITAPPLIESPER. I PRODUCTS -COMP/OP AGG ;$2000000
I POLICY X PRO- 1 LOC i
JECT E AUTOMOBILE LIABILITY BA89291_688 03/23108 03123/09 COMBINED SINGLE LIMIT 1$1,000,000
IrX� ANY AUTO I I(Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS i (Per person) $
X HIRED AUTOS BODILY INJURY $
iIX NON-OWNED AUTOS ',i (Per accident) --�
(PROPERTY DAMAGE $
—� - - - - (Per accident)
GARAGE LIABILITY I�AUTO ONLY-EA ACCIDENT $
_J ANY AUTO l OTHER THAN EA ACC $
AUTO ONLY qGG $
B EXCESS LIABILITY CUP6917Y407 08/20/08 08/20109 EACH OCCURRENCE $1,000.000
X,OCCUR CLAIMS MALL I AGGREGATE
DEDUCTIBLE - _ $
X RETENTION $0 $
C WORKERS COMPENSATION AND WZP80964668 08/20/08 08/20/09 !X !WC STATU- !CER
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT $1000,000
E DISEASE-EA EMPLOYEE!$1,000,000
E .DISEASE -POLICY LIMIT $1,000,000
D OTHER Professional QP03810941 08/20/08 08/20/09 $1,000,000 per claim
Liability $2,000,000 annl aggr.
DESCRIPTION OF OPERATIONS/LOCATION S/VEHIC LES IE X C L USIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
The City of San Bernardino and its elected and appointed boards, officers,
agents and employees are named as additional insured as respects to
general liability for claims arising from the operations of the named
insured.
CERTIFICATE HOLDER ADD MONAL INSURED:INSURER LETTER CANCELLATION Ten Day Notice for Non-Payment of Premium
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of San Bernardino DATE THEREOF, THE ISSUING INSURER WIIt(J(I,%"XWX TO MAIL 30 DAYS WRITTEN
Attn Valerie Ross NOTICE TO THE CERTIFICATE HOLD ER NAMED TO THE LEFT,XVXx K
300 No. "D" nntecnracoasaxa�cocancRRxoesexnoax�t KxxatQazec�oA
San Bernardino. CA 92418-0001 x�atRat�xvaeuc
AUI.HORIZECLREPRESE T
ACORD 25-S(7/97)1 of 1 #M235259 SSP o ACORD CORPORATION 1988
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 6803152L626 COMMERCIAL GENERAL LIABILITY
ISSUE DATE: 08/20/2008
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NAME OF PERSON(S)OR ORGANIZATION(S):
City of San Bernardino
Attn: Valerie Ross
300 No. "D"
San Bernardino, CA 92418-0001
PROJECT/LOCATION OF COVERED OPERATIONS:
The City of San Bernardino and its elected and appointed boards, officers, agents and employees
PROVISIONS
A The following is added to WHO IS AN INSURED The insurance provided to such additional
(Section II): insured is limited as follows
The person or organization shown in the Sched-
- ule above is an additional insured on this Cover- d This insurance does not apply to the render-
age Part but only with respect to liability for bod- ing of or failure to render any "professional
ily injury', property damage' or 'personal injury services
caused in whole or in part by your acts or omis-
sions or the acts or omissions of those acting on e. The limits of insurance afforded to the add(-
your behalf tional insured shall be the limits which you
agreed in that contract or agreement requir-
a. In the performance of your ongoing oper- ing insurance" to provide for that additional
ations. insured or the limits shown in the
Declarations for this Coverage Part,
b. In connection with premises owned by or whichever are less. This endorsement does
rented to you, or not increase the limits of insurance stated in
the LIMITS OF INSURANCE (Section III) for
C !n connection with your work and included this Coverage Part.
v,,ithin the products-completed operations
hazard B The following is added to Paragraph a of 4.
Other Insurance in COMMERCIAL GENERAL
Such person or organization does not qualify as LIABILITY CONDITIONS (Section IV)
an additional insured for 'bodily injury property However if you specifically agree in a contract or
damage or personal injury for which that person agreement requiring insurance that. for the addi-
or organization has assumed liability in a contract tional insured shown in the Schedule the insur-
er aoreement ance provided to that additional insured under
this
CG D3 82 09 07 Page
=06'The Travelers Companies.Inc
Includes the copvnghtec material of Insurance Services Office Inc..with as permission
COMMERCIAL GENERAL LIABILITY
Coverage Part must apply on a primary injury" arising out of "your work" on or for the
basis, or a primary and non-contributory project, or at the location, shown in the
basis, this insurance is primary to other Schedule above, performed by you, or on
insurance that is available to such additional your behalf, under a "contract or agreement
insured which covers such additional insured requiring insurance" with that additional
as a named insured, and we will not share insured. We waive these rights only where
with the other insurance, provided that: you have agreed to do so as part of the
"contract or agreement requiring insurance"
(1) The "bodily injury" or "property damage" with that additional insured entered into by
for which coverage is sought occurs; you before, and in effect when, the "bodily
and injury" or "property damage" occurs, or the
"personal injury" offense is committed.
(2) The "personal injury" for which coverage
is sought arises out of an offense D. The following definition is added to
committed; DEFINITIONS(Section V):
after you have entered into that "contract or "Contract or agreement requiring insurance"
agreement requiring insurance" for such means that part of any contract or
additional insured. But this insurance still is agreement under which you are required to
excess over valid and collectible other include the person or organization shown in
insurance, whether primary, excess, the Schedule as an additional insured on
contingent or on any other basis, that is this Coverage Part, provided that the "bodily
available to the additional insured when the injury" and "property damage" occurs, and
additional insured is also an additional the "personal injury" is caused by an offense
insured under any other insurance. committed:
C. The following is added to Paragraph 8. a. After you have entered into that contract
Transfer Of Rights Of Recovery Against or agreement;
Others To 11s in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV). b. While that part of the contract or
agreement is in effect; and
We waive any rights of recovery we may
have against the additional insured shown in c. Before the end of the policy period.
the Schedule above because of payments
we make for "bodily injury "property
damage" or"personal
CG D3 82 09 07 Page
_X7 The Travelers Companies. Inc.
Includes the copyrighted material of Insurance Services Office Inc_ with its permission