HomeMy WebLinkAbout18-058 - Carollo Engineers - Water Reservoir and Pump Station Feasibility StudyCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 18-058
Council Approval 4/16/18
CONSULTANT AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Carollo Engineers, hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform engineering services
in connection with the project titled Water Reservoir and Pump Station.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31,2018, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than September 4, 2018 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $46,070.00 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible.
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, to the extent caused by the negligent acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, 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, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors and personal injury and
advertising injury. The City shall be named as an insured under the Consultant's
Commercial General Liability insurance policy. with respect to the work performed
for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised : 1-2013
Page 2
4. Professional Liability with limits no Tess than $1,000,000 per claim and $1,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not Tess than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as
required by this section shall be delivered to the City within fifteen (15) days of execution
of this Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds
due the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its discretion
to deduct from the contract price or consideration, or otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
CA revised : 1-2013 Page 3
13.. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in
any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The
provisions of this Agreement, which by their sense and context are reasonably intended to
survive the completion, expiration or cancellation of this Agreement, shall survive termination
of this Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Carollo Engineers, Inc.
1218 Third Avenue, Suite 1600
Seattle, WA 98101
18. The Consultant shall not be responsible for warranties, guarantees, fitness for a particular
purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or
consequential damages to the City or any third party arising out of breach of contract,
termination, or for any other reason whatsoever. Additionally, the Consultant shall not be
responsible for acts and decisions of third parties, including governmental agencies, other
than the Consultant's subconsultants, that impact project completion and/or success.
19. Standard of Care. The Consultant hall perform the services required hereunder in
accordance with the prevailing industry standard of care by exercising the skill and ability
ordinarily required of engineers performing the same or similar services, under the same or
similar circumstances, in the State of Washington
20. City -Provided Information and Services. The City shall furnish the Consultant available
studies, reports and other data pertinent to the Consultant's services; obtain or authorize the
Consultant to obtain or provide additional reports and data as required; furnish to the
CA revised : 1-2013
Page 4
Consultant services of others required for the performance of the Consultant's services
hereunder, and the Consultant shall be entitled to use and rely upon all such information and
services provided by the City or others in performing the Consultant's services under this
Agreement.
21. Estimates and Projections. The Consultant has no control over the cost of labor, materials,
equipment or services furnished by others, over the incoming water quality and/or quantity,
or over the way the City's plant and/or associated processes are operated and/or maintained.
Data projections and estimates are based on the Consultant's opinion based on experience
and judgment. The Consultant cannot and does not guarantee that actual costs and/or
quantities realized will not vary from the data projections and estimates prepared by the
Consultant and the Consultant will not be liable to and/or indemnify the City and/or any third
party related to any inconsistencies between the Consultant's data projections and estimates
and actual costs and/or quantities realized by the City and/or any third party in the future.
22. Third Parties. The services to be performed by the Consultant are intended solely for the
benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to
rely on the Consultant's performance of its services hereunder, and no right to assert a claim
against the Consultant by assignment of indemnity rights or otherwise shall accrue to a third
party as a result of this Agreement or the performance of the Consultant's services
hereunder.
23. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
%q 764)6 1 , 2018.
DATED this 1 1 day of
CITY OF TUKWILA CAROLLO ENGINEERS, INC.
Allan Ekbe g, Mayor
Attest/Authenticated:
CA revised : 1-2013
BY: LCAkO._.
Printed Name: Lara R. Kammereck, P.E., PMP
Title: Vice President
Approved as to Form:
Office of the Ci y Attorney
Page 5
Highline water district intertie
Water district 75 intertie
Water district #75 intertie
EXHIBIT A
CITY OF TUKWILA
PRELIMINARY WATER RESERVOIR AND PUMP STATION FEASIBILITY STUDY
The City of Tukwila (City) has proposed leasing storage from Highline Water District (Highline)
rather than construct a City owned 1.3 MG reservoir and pump station, which was identified in
the City's 2013 Comprehensive Water Plan. In 2014, the City and Carollo evaluated sites for a
City owned reservoir and identified Cerini Hill (abandoned SWAT training facility) as the
preferred location for the planned $7,180,000 reservoir and pump station. This study will
consider the operational and cost effectiveness of leasing storage from Highline.
• Carollo Engineers, Inc. will be referred to as "Consultant" in this document.
• City of Tukwila will be referred to as "City" in this document.
• Highline Water District will be referred to as "Highline" in this document.
• The City will obtain water quality on Highline's finished water quality in electronic format.
No water quality data will be collected.
• No new water quality data will be collected as part of the study.
• The 2013 Water System Plan hydraulic model will be used as the basis for the analysis.
• The City will obtain costs for leasing storage from Highline.
• All costs will be AACE Class V estimates.
TASKS
1. Summarize Water Quality - Summarize finished water quality from Highline and the City. It
is assumed the City will obtain the water quality data and provide it electronically. Compare
water quality to primary and secondary drinking water standards. No mixing study or
evaluating the corrosively either Highline or City water will be conducted as part of this work.
However, the data will be reviewed to confirm data availability for a future study. Additional
data collection will be recommended, if needed.
2. Purpose of Storage - Establish City's potential uses for the Highline reservoir (emergency
storage, fire storage, equalizing, etc.). Estimate the frequency of use, volume of storage and
flow rates required for each potential use.
o Meeting No. 1 — Storage Uses - Review water quality and identify storage uses for
leased reservoir with City staff. Establish criteria for hydraulic modeling and
comparison of alternatives.
o Meeting No. 3 — Highline Coordination - Meet with Highline Staff to discuss leasing
storage. Review purpose of uses, potential operations, and known infrastructure
challenges. Identify limitations by either Highline or the City.
3. System Analysis
o Update hydraulic model - Update the hydraulic model to incorporate piping changes
identified in the 2016 Pipeline Asset Management Update project. Develop potential
PRV settings for the Highline intertie based on the potential storage uses. Update
pw://Carollo/Documents/Client/WA/Tukwila/io933Aoo/Project Mgmt/Contracts/Tukwila Reservoir Analysis Scope of Work.docx Page 1 of 2
EXHIBIT A
short-term modeling scenario to the year 2020. Demands will be increased based on
the 2013 Plan using a single multiplication factor across all model nodes. It is
anticipated that supply levels will also need to be increased to match the demand.
o Level of Service - Evaluate ability for leased Highline storage to meet designated
uses for the short-term (2020) and long-term (2035) planning horizon. Evaluate Peak
Hour Demand (PHD) and Maximum Day Demand (MDD) plus Fire Flow using the
criteria identified in the 2013 Water System Plan. Identify any conveyance
improvements need to use the leased storage. Recommend piping improvements for
any new deficiencies caused by the removal of a City owned reservoir. Prepare
AACE Class V costs for the updated intertie and any new distribution system
improvements.
o Compare Alternatives - Compare hydraulic modeling results for the 2013 Water
System Plan, 2014 Reservoir Siting Analysis, and the leased Highline Reservoir
scenarios. Prepare charts and tables to summarize differences in levels of service
and costs. It is anticipated that Highline will provide the cost of the leased storage
and any related improvements in Highline's system. Select a preferred Alternative for
City implementation.
o Meeting No. 2 Preferred Alternative - Review level of service and comparison of
alternatives with City staff. Select a preferred Alternative.
4. Technical Memorandum No. 1 - Prepare a short Technical Memorandum (TM)
documenting the study tasks. It is anticipated that the TM will be included as part of a DOH
Project Report for the preferred alternative.
5. Project Management - Direct all activities within the study as assigned by the City and
maintain the project within the contracted scope, schedule, and budget. This includes
project administration, monthly invoicing, client and team coordination and quality
assurance/quality control review. A study duration of 3 months is assumed for budgeting
purposes.
pw://Carollo/Documents/Cl ient/WA/Tukwilah.o933Aoo/Project Mgmt/Contracts/Tukwila Reservoir Analysis Scope of Work.docx Page 2 of 2
EXHIBIT B
CITY OF TUKWILA
PRELIMINARY WATER RESERVOIR AND PUMP STATION FEASIBILITY STUDY
2/23/2018
1 of 1
`
oa
c
a,
:
iiui
OTHER DIRECT COSTS
TASK / DESCRIPTION
m 45Q
Y rn
. ` a .N
c
Y
�o
o
C9
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a
Total
Carollo
Travel
TOTAL
3 °' •-
82E as
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o•'(;)
fun.
�a a�
o
a�
rns
To
0
a,
Hours
Labor
Cost
and PECE
Printing
COST
a2Y oa`
a` -
0.0))
oI-
o
Total •
Total Labor Rate
$ 226 $ 175
$ 155
$ 135
$ 135
$ 90
$11.70
ODC
Tasks
1
Water Quality
2.0 2.0
8.0
16.0
0.0
. 1.0
29
$ 4,292
_
$ -$ 339
$ 339
$ 4,631
2
Purpose of Storage
4.0 12.0
8.0
24.0
2.0
1.0
51
• $ 7,844
$ 15 $ 597
$ 61.1
$ 8,455
3
System Analysis
8.0 16.0
16.0
80.0
8.0
1.0
129
$ 19,058
$ 25 $ 1,509
$ 1,534
$ 20,592
4
TM No. 1
4.0 8.0
4.0
24.0
8.0
0.0
48
$ 7,244
$ 100 $ 562
$ 662
$ _7,906
5
Project Managemer
4.0 16.0
0.0
2.0
0.0
2.5
25
$ 4,199
$ - $ 287
$ 287
$ 4,486
Total
22.0 54.0
36.0
146.0
18.0
5.5
282
42,637
$ 140 $ 3,294
$ 3,433
$ 46,070
2/23/2018
1 of 1
City of Tukwila
Preliminary Water Reservoir and Pump Station Feasibility Study
The City of Tukwila (City) has proposed leasing storage from Highline Water District (Highline) rather
than construct a City owned 1.3 MG reservoir and pump station, which was identified in the City's 2013
Comprehensive Water Plan. In 2014, the City and Carollo evaluated sites for a City owned reservoir and
identified Cerini Hill (abandoned SWAT training facility) as the preferred location for the planned
$7,180,000 reservoir and pump station. This study will consider the operational and cost effectiveness of
leasingstorage from Highline.
ASSUMPTIONS
• Carollo Engineers, Inc. will be referred to as "Consultant" in this document.
• City of Tukwila will be referred to as "City" in this document.
• Highline Water District will be referred to as "Highline" in this document.
• The City will obtain water quality on Highline's finished water quality in electronic format. No
water quality data will be collected.
• No new water quality data will be collected as part of the study.
• The 2013 Water System Plan hydraulic model will be used as the basis for the analysis.
• The City will obtain costs for leasing storage from Highline.
• All costs will be AACE Class.V estimates.
TASKS
1. Summarize Water Quality. Summarize finished water quality from Highline and the City. It is
assumed the City will obtain the water quality data and provide it electronically. Compare water
quality to primary and secondary drinking water standards. No mixing study or evaluating the
corrosively either Highline or City water will be conducted as part of this work. However, the
data will be reviewed to confirm data availability for a future study. Additional data collection
will be recommended, if needed.
2. Purpose of Storage. Establish City's potential uses for the Highline reservoir (emergency storage,
fire storage, equalizing, etc.). Estimate the frequency of use, volume of storage and flow rates
required for each potential use.
o Meeting No. 1 — Storage Uses. Review water quality and identify storage uses for leased
reservoir with City staff. Establish criteria for hydraulic modeling and comparison of
alternatives.
o Meeting No. 3 — Highline Coordination. Meet with Highline Staff to discuss leasing
storage. Review purpose of uses, potential operations, and known infrastructure
challenges. Identify limitations by either Highline or the City
3. System analysis.
o Update hydraulic model. Update the hydraulic model to incorporate piping changes
identified in the 2016 Pipeline Asset Management Update project. Develop potential
PRV settings for the Highline intertie based on the potential storage uses. Update short -
8/29/2017 1
term modeling scenario to the year 2020. Demands will be increased based on the 2013
Plan using a single multiplication factor across all model nodes. It is anticipated that
supply levels will also need to be increased to match the demand.
o Level of Service. Evaluate ability for leased Highline storage to meet designated uses for
the short-term (2020) and long-term (2035) planning horizon. Evaluate Peak Hour
Demand (PHD) and Maximum Day Demand (MDD) plus Fire Flow using the criteria
identified in the 2013 Water System Plan. Identify any conveyance improvements need
to use the leased storage. Recommend piping improvements for any new deficiencies
caused by the removal of a City owned reservoir. Prepare AACE Class V costs for the
updated intertie and any new distribution system improvements.
o Compare Alternatives. Compare hydraulic modeling results for the 2013 Water System
Plan, 2014 Reservoir Siting Analysis, and the leased Highline Reservoir scenarios.
Prepare charts and tables to summarize differences in levels of service and costs. It is
anticipated that Highline will provide the cost of the leased storage and any related
improvements in Highline's system. Select a preferred Alternative for City
implementation.
o Meeting No. 2 Preferred Alternative. Review level of service and comparison of
alternatives with City staff. Select a preferred Alternative.
4. Technical Memorandum No. 1. Prepare a short Technical Memorandum (TM) documenting the
study tasks. It is anticipated that the TM will be included as part of a DOH Project Report for the
preferred alternative.
5. Project Management. Direct all activities within the study as assigned by the City and maintain
the project within the contracted scope, schedule, and budget. This includes project
administration, monthly invoicing, client and team coordination and quality assurance/quality
control review. A study duration of 3 months is assumed for budgeting purposes:
8/29/2017 2
EXHIBIT B
CITY OF TUKWILA
PRELIMINARY WATER RESERVOIR AND PUMP STATION FEASIBILITY STUDY
TASK / DESCRIPTION
Total Labor Rate
J(13
S LO
U
0
U c
a � Y
_
N
m
me
c
1.0
X
c N
0 a`
_a)
Q
(0
c
0
N
U)
2
a
c
(o
L
$ 226 $ 175 $ 155
c
$ 135 $
Clerical/WP
135 $ 90
Total
Hours
Carollo
Labor
Cost
Tasks
1 Water Quality
2 Purpose of Storage
3 System Analysis
4 TM No. 1
5 Project Managemer
Total
2.0 2.0 8.0 16.0 0.0
4.0 12.0 8.0 24.0 2.0
8.0 16.0 16.0 80.0 8.0
4.0 8.0 4.0 24.0 8.0
4.0 16.0 0.0 2.0 0.0
1.0
1.0
1.0
0.0
2.5
22.0 54:0 36.0 146.0 $, 18.0. 5.5
29
51
129
48
25
282
$ 4,292
$ 7,844
$ 19,058
$ 7,244
$ 4,199
42,637
2/23/2018
OTHER DIRECT COSTS
Travel PECE
TOTAL
and
COST
Printing
Total
$11.70
ODC
$ - $ 339
$ 339
$ 4,631
$ 15 $ 597
$ 611
$ 8,455
$ 25 $ 1,509
$ 1,534
$ 20,592
$ 100 $ 562
$ 662
$ 7,906
$ - $ 287
$ 287
$ 4,486
$ 140 $ 3,294
$ 3,433
$ 46,070
1 of 1