HomeMy WebLinkAboutContract CAG-18-078
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AGREEMENT FOR THE RILEY GROUP FOR FAMILY FIRST
COMMUNITY SERVICES
THIS AGREEMENT, dated 5/c//2.016 , is by and between the City of Renton (the
"City"), a Washington municipal corporation, and THE RILEY GROUP. ("Consultant"). The City
and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully
executed by the Parties,this Agreement is effective as of the last date signed by both parties.
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1. Scope of Work: Consultant agrees to provide geotechnical services as specified in
Exhibit "A", which is attached and incorporated herein and may hereinafter be referred
to as the "Work."
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such
changes to the Work shall be ordered by the City in writing and the Compensation shall
be equitably adjusted consistent with the rates set forth in Exhibit "A" or as otherwise
mutually agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit "A". All Work shall be performed by no
later than September 30, 2018.
4. Compensation:
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A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $7,950.00, plus any applicable state and local sales
taxes. Compensation shall be paid as a flat rate fixed sum based upon Work actually
performed according to the rate(s) or amounts specified in Exhibit "A". The
Consultant agrees that any hourly or flat rate charged by it for its Work shall remain
locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in
Exhibit "A". Except as specifically provided herein, the Consultant shall be solely
responsible for payment of any taxes imposed as a result of the performance and
payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a
form specified by the City, including a description of what Work has been
performed, the name of the personnel performing such Work, and any hourly labor
charge rate for such personnel. The Consultant shall also submit a final bill upon
completion of all Work. Payment shall be made by the City for Work performed
within thirty (30) calendar days after receipt and approval by the appropriate City
representative of the voucher or invoice. If the Consultant's performance does not
meet the requirements of this Agreement, the Consultant will correct or modify its
performance to comply with the Agreement. The City may withhold payment for
work that does not meet the requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days' notice to the Consultant in writing. In the
event of such termination or suspension, all finished or unfinished documents, data,
studies, worksheets, models and reports, or other material prepared by the
Consultant pursuant to this Agreement shall be submitted to the City, if any are
required as part of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be
entitled to payment for all hours worked to the effective date of termination, less all
payments previously made. If the Agreement is terminated by the City after partial
performance of Work for which the agreed compensation is a fixed fee, the City
shall pay the Consultant an equitable share of the fixed fee. This provision shall not
prevent the City from seeking any legal remedies it may have for the violation or
nonperformance of any of the provisions of this Agreement and such charges due to
the City shall be deducted from the final payment due the Consultant. No payment
shall be made by the City for any expenses incurred or work done following the
effective date of termination unless authorized in advance in writing by the City.
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6. Standard of Care And Right To Use Work Product: Consultant shall perform its services
consistent with the professional skill and care ordinarily provided by professionals
practicing in the same profession, in the same locality, at the same time under the same
or similar circumstances. Consultant shall exercise reasonable care to comply with all
applicable laws and professional standards. Compliance with professional standards
includes, as applicable, performing the Work in compliance with applicable City
standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and
Municipal Construction). Professional engineers shall certify engineering plans,
specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070.
Consultant represents and warrants that all final work product created for and delivered
to the City pursuant to this Agreement shall be the original work of the Consultant and
free from any intellectual property encumbrance which would restrict the City from
using the work product. Consultant grants to the City a non-exclusive, perpetual right
and license to use, reproduce, distribute, adapt, modify, and display all final work
product produced pursuant to this Agreement. The City's or other's adaptation,
modification or use of the final work products other than for the purposes of this
Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required
by applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records
Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent
search of all records in its possession or control relating to this Agreement and the
Work, including, but not limited to, e-mail, correspondence, notes, saved telephone
messages, recordings, photos, or drawings and provide them to the City for production.
In the event Consultant believes said records need to be protected from disclosure, it
may, at Consultant's own expense, seek judicial protection. Consultant shall indemnify,
defend, and hold harmless the City for all costs, including attorneys' fees, attendant to
any claim or litigation related to a Public Records Act request for which Consultant has
responsive records and for which Consultant has withheld records or information
contained therein, or not provided them to the City in a timely manner. Consultant shall
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produce for distribution any and all records responsive to the Public Records Act request
in a timely manner, unless those records are protected by court order.The provisions of
this section shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set
forth in this Agreement. The nature of the relationship between the Consultant and
the City during the period of the Work shall be that of an independent contractor,
not employee. The Consultant, not the City, shall have the power to control and
direct the details, manner or means of Work. Specifically, but not by means of
limitation, the Consultant shall have no obligation to work any particular hours or
particular schedule, unless otherwise indicated in the Scope of Work or where
scheduling of attendance or performance is mutually arranged due to the nature of
the Work. Consultant shall retain the right to designate the means of performing the
Work covered by this agreement, and the Consultant shall be entitled to employ
other workers at such compensation and such other conditions as it may deem
proper, provided, however, that any contract so made by the Consultant is to be
paid by it alone, and that employing such workers, it is acting individually and not as
an agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
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Program, or otherwise assuming the duties of an employer with respect to
Consultant or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,
the Consultant agrees to notify the City and complete any required form if the
Consultant retired under a State of Washington retirement system and agrees to
indemnify any losses the City may sustain through the Consultant's failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the
negligent acts, errors or omissions of the Consultant in its performance of this
Agreement or a breach of this Agreement by Consultant, except for that portion of the
claims caused by the City's sole negligence.
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Should a court of competent jurisdiction determine that this agreement is subject to
RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence
relative to construction, alteration, improvement, etc., of structure or improvement
attached to real estate...) then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Consultant and the City, its officers, officials, employees and
volunteers, Consultant's liability shall be only to the extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law, the Consultant shall not give a gift of any
kind to City employees or officials. Consultant also confirms that Consultant does not
have a business interest or a close family relationship with any City officer or employee
who was, is, or will be involved in selecting the Consultant, negotiating or administering
this Agreement, or evaluating the Consultant's performance of the Work.
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good
standing throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http:/(www.rentonwa.gov/cros/One.aspx?portalld=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
htt dor.wa.4ov doinsi-b usinessJregister my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of$1,000,000 per claims
made. "Professional Services", for the purpose of this section, shall mean any Work
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provided by a licensed professional or Work that requires a professional standard of
care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of
the State of Washington,shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased,
hired or non-owned, with minimum limits of $1,000,000 per occurrence combined
single limit, if there will be any use of Consultant's vehicles on the City's Premises by
or on behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City's insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City's
recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control. When such delays beyond the Consultant's reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall
the Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return
receipt requested, by facsimile or by nationally recognized overnight courier service.
Time period for notices shall be deemed to have commenced upon the date of receipt,
EXCEPT facsimile delivery will be deemed to have commenced on the first business day
following transmission. Email and telephone may be used for purposes of administering
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the Agreement, but should not be used to give any formal notice required by the
Agreement.
CITY OF RENTON CONSULTANT
Kelly Beymer Ricky Wang, PE, PhD
1055 South Grady Way 17522 Bothell Way Northeast
Renton, WA 98057 Bothell, WA 98011
Phone: (425) 430-6617 Phone: 425-415-0551
kbeymer@rentonwa.gov rwang@riley-group.com
Fax: (425)430-6603 Fax: 425-415-0311
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the Consultant agrees as follows:
A. Consultant, and Consultant's agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race,
creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal,
state and local laws and regulations that may affect the satisfactory completion of
the project, which includes but is not limited to fair labor laws, worker's
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compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply
with City of Renton Council Resolution Number 4085.
18. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to
perform the Work, said employee/sub-contractor/assignee will acquire and or
maintain such training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision
of Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker's Compensation coverage as well
as that for any persons employed by the Consultant.
H. Hazardous Substances and Biological Pollutants: If unforeseen Hazardous
Substances are encountered during the performance of Consultant's services,
which in Consultant's judgment will materially affect the scope of Consultant's
services, Consultant will notify the City electronically or in writing. The discovery
of such Hazardous Substances will constitute a changed condition, which will
result in the renegotiation of Consultant's scope of services. If Consultant
encounters Hazardous Substances which in Consultant's judgment will not
materially affect the scope of Consultant's services, the discovery will not
constitute a changed condition, but Consultant will nevertheless notify the City
electronically or in writing. This agreement does not release City from any
responsibility for notifying governmental authorities of the release of any
Hazardous Substance. Under no circumstance will Consultant be responsible for
preventing, detecting, or investigating Biological Pollutants. Consultant and its
employees shall have no liability for, any claim relating to any Biological Pollutant
to
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except to the extent that Consultants s actions or omissions increase or threaten
to increase exposure to or property damage from such Biological Pollutant. The
term "Biological Pollutant" includes, without limitation, molds, fungi, spores,
bacteria, and viruses, and the byproducts of any such biological organism. The
term "Hazardous Substance" shall mean the same as that term is defined under
federal or state law.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City's project manager is Kelly
Beymer. In providing Work, Consultant shall coordinate with the City's contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant's employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution.
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G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington,or its replacement or successor.
H. Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement,which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant's performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either
party's failure to enforce any provision of this Agreement shall not be a waiver and
shall not prevent either the City or Consultant from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any provision of
this Agreement shall not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
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N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON CONSULTANT
By: ��/ . /i/
II By:
Kelly Bey er Rcky Wang, PE PhD
Community Services Administrator Principal Engineer
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Date Date
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Attest
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Jason A Seth-
City Cle k
Approved as to Legal Form
Shane Moloney
Renton City Attorney
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PAGE 110E 11
EXHIBIT "A"
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RILEYGRUUP
March 2, 2018
Ms. Kelly Beymer
Administrator of Community Service Department
City of Renton
1055 South Grady Way
Renton,Washington 98057
Email: russ@milestone-gp.com
RE: Geotechnical Engineering Report Proposal
Family First Community Center
16022 116th Avenue Southeast
Renton,Washington 98058
RGI Proposal No. PRP2018-080
Dear Ms. Beymer:
The Riley Group, Inc. (RGI) is pleased to present our Geotechnical Engineering Report (GER)
scope of work and cost for services regarding the site. In preparing this proposal, RGI reviewed
the geotechnical survey—request for proposal (RFP) prepared by City of Renton dated March 1,
2018.
The site includes a rectangular shaped parcel of land about 14.9 aces. The northern portion of
the site is occupied by school building and facilities. The proposed development will be located
at the southwest corner of the property.
RGI understands that the proposed Family First Community Center building will be 1-story
building about 30,000 square feet with a slab on grade floor. Our understanding of the project is
based on the Master Site Plan prepared by Baylis Architecture dated February 26, 2018 and the
RFP.
SCOPE OF WORK
Based on the current site conditions (grass field) and our understanding of the native soils (very
dense silty and with gravel), a hollow-stem auger drill rig will be used for field exploration. In
general,the scope of work is as follows:
➢ Review existing documents including published geology map, plans, aerial photos and
related files provided by the client.
➢ At least 48 hours prior to exploration, RGI will contact One-Call to locate known public
underground utilities. In addition, a private utility locating contractor will be retained to
locate private metallic utilities (for example, private water lines, electrical conduit). Neither
RGI nor its subcontractors will be held responsible for the repair or damage to any
unmarked or incorrectly marked public or private underground utilities.
➢ Drill 7 test borings to a maximum depth of 15 feet below ground surface (bgs) or until
refusal, whichever is less. Test borings will be drilled using a track mounted drill rig.
Proposed test boring locations are shown on the attached plan. Boring B-1 to B-4 will be
drilled to a depth 15 feet bgs in the proposed building area and B-5 to B-7 will be drilled to
10 feet bgs in the parking area
Corporate Office
17522 Bothell Way Northeast
Bothell,Washington 98011
Phone 425.415.0551•Fax 425.415.0311
www.riley-group.com
Family First Community Center Page 2 March 2,2018
Renton,Washington RGI Proposal No.PRP2018 080
A A geologist from our office will be on site to monitor the drilling and classify soils in
accordance with the Unified Soil Classification System (USCS, maintain a log of the soil
conditions encountered, obtain representative soil samples, record water levels, and
observe other pertinent features for geotechnical considerations in site development.
A Soil samples collected in the field will be returned to our office for laboratory testing
(moisture content and sieve analysis). Soil cuttings (if not contaminated) will be removed
from the site.
A Prepare one final Geotechnical Engineering Report (GER) signed and stamped by a
Washington State Professional Engineer (PE) per City of Renton's requirements. Specifically,
this GER will include: a plot plan of the test locations, description of the surface conditions
and sub-surface conditions found at the site, the field investigation techniques and
laboratory procedures, including an assessment for suitability of the site for the proposed
structure and Recommendations for:
A Foundation support of structure and slabs, bearing pressures, foundation design
recommendations and anticipated settlement. Recommendations will include
allowable net soil bearing values,various footing levels and an estimated minimum
and maximum of footing depths.
A Anticipation and management of ground water for structure and pavement design.
A Lateral earth pressures.
A Soil material and compaction requirements for site fill, construction back fill and for
the support of structures and pavements. Requirements will address special
conditions which may be encountered during cold and wet weather construction.
A Pavement design for auto traffic areas and truck traffic areas.
A Steepness of cut slope and fill slopes.
A Design criteria for temporary de-watering systems.
A Frost penetration depth and effect.
A Analysis of soils to determine presence of potentially expansive, deleterious,
chemically active or corrosive materials, or the presence of gas.
A Considering specific site conditions include any additional recommendations which,
in the opinion of the geotechnical engineer, would have an impact on support of the
building, pavements or other pertinent project features.The report should discuss
local practice and costs related to the recommendations.
If unanticipated conditions are encountered or there are design changes that require additional
field exploration, RGI will contact the client to seek authorization prior to proceeding.Additional
work above and beyond our scope of services described above will be performed and billed on a
time and materials basis,as agreed upon by the client in advance.
SCHEDULE
Our standard turn-around time to complete the GER is 4 to 6 weeks from receiving written
authorization to proceed.
UIII
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RILEYGROUP
Family First Community Center Page 3 March 2,2018
Renton, Washington RG!Proposal No.PRP2018-080
COST FOR SERVICES
RGI will provide the above scope of work on a lump sum of $7,950 including subcontractor
drilling cost. The cost will not include the follow-up consulting such as plan review, project
meeting or construction monitoring. The follow-up work (if needed) will be billed on a time and
material basis per attached 2018 Schedule of Charges and General Conditions.
Please call us at(425)415-0551 if you have any questions or need additional information.
Respectfully submitted,
.22
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Ricky Wang, PE, PhD Kristina Weller, PE
Principal Engineer Principal Geotechnical Engineer
Attachments: Geotechnical Exploration Plan
2018 Schedule of Charge and General Conditions
CLIENT ACCEPTANCE SECTION
Proposal Acceptance: The proposed scope of work, fees, and conditions stated in the preceding
Proposal and the attached 2018 Schedule of Charges and General Conditions are satisfactory
and are hereby accepted by the Client.
Authorized Signature: Date
Print Name:
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0 CONCEPTUAL MASTER SITE PLAN • - ARCHITECT$
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RILEYGROUP •
2018 SCHEDULE OF CHARGES AND GENERAL CONDITIONS
Compensation to The Riley Group,Inc. (RGI)for professional services is based on the conditions set forth:
CHARGES.Unless other arrangements have been made,charges for all work will be based on the following:
Professional Service Rates
Principal Level $185/hour Staff Level $110/hour
Senior Level $160/hour Soils Technician $90/hour
Project II Level $135/hour AutoCAD Drafter/Senior Drafter $90-$115/hour
Project I Level $120/hour Project Support/Project Coordination $80-$115/hour
Geotechnical,Hydrogeological,and Environmental Equipment Rates
55-Gallon Drum $85/drum Inclinometer Reading Equipment $500/day
Air Bladder Groundwater Sampling System(QED M-50) $150/day Jack Hammer $150/day
Air Flow Meter $130/day Magnehelic Gauges $40/day
Disposable Bailers $15/bailer Oil-Water Interface Probe $75/day
Dissolved Oxygen Meter(down well) $100/day Peristaltic Pump $40/day
Drum Dolly $10/day Photoionization Detector(PID) $175/day
Equipment Van/Truck(local mileage) $150/day Pressure Transducer $30/each/day
Extension Ladder $10/day Submersible Groundwater Sampling Pump $100/day
Field Computer $50/day Surveying Equipment $150/day
General Field/Health and Safety Supplies $50/day Tubing—Disposable—Groundwater Sampling $0.25/ft
Generator(Honda EU2000i) $75/day Turbidity/pH Meters $20/day
Geosub Pump with Controller $195/day Water Flow Meter $
Hand Auger and Extensions $40/day Water Level Meter $45/day
High Vacuum Air Pump $30/day
Horiba U-SO with Flowcell Water Quality Meter $150/day Additional equipment pricing available upon request.
Other Surcharges and Rates
Litigation Support 2 x rate Per Diem,over 180 miles $74/day
Outside Services,Subcontractors,Materials cost+15% Per Diem,overnight $215/day
Parking,Permits cost+15% Mileage $0.75/mile
PROPOSAL EXPIRATION.Proposals are valid for 30 days after date of issuance.After expiration, RGI reserves the right to review proposed project
and adjust costs,as necessary.
RATES EXPIRATION.Rates listed above are valid until December 31,2017 after which time the rates may be adjusted.
OVERTIME/MINIMUM/RUSH CHARGES.Hours worked in excess of 8 hours per day and/or 40 hours per week,or that are worked on the weekend
and/or national holidays will be billed at 150 percent of the listed hourly rates when these overtime hours are requested by the Client or are
reasonable and/or necessary to meet job schedules and requirements.Technical time for all field work(including travel)will be billed on a 4-hour
daily minimum.Senior professional staff bills in 30 minute increments.Projects requested to be performed on an accelerated schedule will be subject
to a rush charge.
ESTIMATE OVERAGES AND CHANGE ORDERS. Additional charges may be incurred during project completion due to several factors including but not
limited to:unforeseen changes to the scope of work,scheduling delays(outside of RGI's control),and limited property accessibility.Lump sum/fixed
fee project fees are determined based on the scope of work presented in the proposal. These prices, although fixed, are subject to increase if
additional work is required to meet recognized industry standards. RGI will make a concerted effort to attain Client approval in writing(i.e.in the
form of a change order,email and/or in proposal)prior to incurring additional charges.
BILLING.Unless stated otherwise,invoices will be submitted following completion of the report or monthly and are payable net 30 calendar days of
receipt.Interest of 1.5 percent per month(but not exceeding the maximum rate by law)will be added to any account not paid within 30 days. It is
agreed that attorney's fees or other costs incurred in collecting any delinquent amount shall be fully paid by the Client.RGI's hourly and proposed
rates do not generally include sales tax (if applicable). For some projects, payment may be required prior to performance of work, subject to a
retainer,or paid in full prior to the release of final reports,technical memos,design calculations,or other technical documents.
Corporate Office
17522 Bothe!!Way Northeast
Bothell,Washington 98011
Phone 425.415.0551*Fax 425.415.0311
www.riley-group.corn Revised January 5,2018
2018 SCHEDULE OF CHARGES AND GENERAL CONDITIONS,Continued
TERMINATION.In the event that the Client requests termination of work prior to completion,RGI reserves the right to complete such analyses and
records as required to place our files in order, as RGI considers necessary,to protect our professional reputation.A termination fee may also be
incurred by the Client to cover our project costs.Lump sum projects that are terminated prior to completion will be billed on a time and materials
basis.
RIGHT-OF-ENTRY/CLIENT-FURNISHED INFORMATION. Unless otherwise agreed, RGI will be furnished right-of-entry on the land to perform the
agreed upon scope of work. The Client is responsible to provide (by map or drawing) a description of the property showing buried utilities and
improvements.
OWNERSHIP/REPRODUCTION OF DOCUMENTS.All designs,drawings,specifications,notes,data,sample materials,documentation,and other work
developed by RGI are instruments of service and as such remain the property of RGI.The Client agrees that all reports and other work furnished to
the Client or his agents,which are not paid for,will be returned upon demand and will not be used for any purpose whatsoever.RGI will retain all
pertinent summaries and reports relating to the services performed for a period of 5 years from date of origination. RGI reserves the right at any
time to discard field notes,laboratory test sheets,and calculations sheets,which are not included or summarized in said report.RGI shall provide the
Client,free of charge,one electronic,pdf copy of the report. Additional hard and/or electronic copies will incur fees on a time and materials basis.
These fees will vary based on the size and complexity of the requested documents. Written notice from the Client is required for any release of
reports to third-party users.Retrieval of archived reports after 2 years from date of origination will incur a fee based on time spent retrieving report,
including any reproduction expenses incurred by RGI.
SAMPLE RETENTION.All samples(soil,water,and building materials)collected will be discarded 30 days after submittal to the laboratory,unless the
Client advises otherwise.
GENERAL AND PROFESSIONAL LIABILITY INSURANCE.The services provided by RGI are for the sole benefit of the Client.No other person or entity
shall be entitled to rely upon the reports or results produced by RGI.The Client agrees to limit RGI's total professional liability arising from the work
done to the greatest of(a)$25,000.00,or(b)RGI's total fee for services rendered.Upon specific request and payment,RGI can provide evidence of
professional liability insurance up to a maximum of$1,000,000.This insurance is not available for owner-occupied single-family residences. The
charge for such insurance is 500 dollars or 5 percent of RGI's fee, whichever is greater. These charges will be in addition to fees charged for
professional services and will be billed as a surcharge above professional fees.
LIMITATIONS OF PROFESSIONAL LIABILITY. Our findings, recommendations,specifications,or professional opinions will be presented, within the
limits prescribed by the Client,after being prepared in accordance with generally accepted professional engineering, environmental,and geologic
practices. RGI makes no other warranty,either expressed or implied. For any injury or loss on account of any error,omission,or other professional
negligence,the Client agrees to limit RGI and/or its professional employees'liability to the Client and to all agents,contractors,and subcontractors
arising out of the performance of our professional services,such that the total aggregate liability to all those named shall not exceed$500,000 or our
fee,whichever is greater. In the event the Client does not wish to limit our professional liability to this sum,RGI will waive this limitation upon the
Client's written request,on a given project.However,the Client agrees that our maximum liability will be limited to our Professional Liability Insurance
coverage. In the event the Client makes a claim against RGI and/or its professional employees,at law or otherwise,for any alleged error,omission,
or other act arising out of the performance of our professional services,and the Client fails to prove such claim or prevail in an adversary proceeding,
the Client shall pay all costs incurred by RGI and/or its professional staff in defending itself against the claim.
NO WARRANTIES.There are no expressed or implied warranties regarding any services or work performed by RGI.
CLIENT REFERENCE PERMISSIONS.The Client agrees to allow RGI the use of their name and project information for marketing materials.
HOLD HARMLESS/INDEMNITY.RGI will take reasonable precautions to minimize property damage related to project activities(including but not
limited to damage to unmarked metallic and/or non-metallic underground utilities,asphalt/concrete,piping,lawns,landscaping,and/or unknown
subterranean improvements)and is in no way liable for the costs of repair for such damages. If the client desires to return the property to its
former condition,RGI can do so at an additional cost.
For services involving or relating to environmental/geotechnical consulting,engineering,and/or any hazardous or dangerous waste elements,it is
agreed that the Client shall indemnify and hold harmless RGI and their consultants, subcontractors, agents, and employees from and against all .
claims,damages(direct,indirect,or consequential)and/or losses and expenses. Such losses and expenses include,but are not limited to,fees and
charges of attorneys,court fees and/or proceedings,and/or arbitration costs.
The above indemnification provision extends to claims against RGI which arise out of,are related to,or are based upon the dispersal, discharge,
escape, release, or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gasses or any other materials, irritants,
contaminants,or pollutants in or into the surface or subsurface of(a)soils,(b)water or water courses, (c)objects,or(d)any tangible or intangible
matters,whether sudden or not.In the event that unanticipated conditions are identified in the field during work associated with this agreement,
RGI will request instructions from the Client as soon as practical.
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