HomeMy WebLinkAboutR-1997-089 CH2M HillRESOLUTION NO. R- 97- 8 9
A RESOLUTION authorizing execution of a contract with Preston Gates and Ellis
LLP, and with CH2MHi1I for engineering services for the analysis
of water supply issues relating to the City's position in litigation
WHEREAS, the City of Yakima has need for consulting services related to the
City's claims in Department of Ecology v. Acquavelia (Acquavella); and
WHEREAS, the City does not possess adequate in-house staff to perform the
necessary work involved in the analysis of water supply issues in the vicinity of the
City; and
WHEREAS, the City of Yakima has complied with the provisions of RCW 39.80
which concerns the procurement of engineering and architectural services by a city;
and
WHEREAS, the City Council deems it to be in the best interest of the City to
contract with Preston Gates and Ellis LLP, and CH2MHill, for the engineering services
for the analysis of water supply issues relating to the City's legal claims in Acquavella
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager, City Clerk, and the Assistant City Manager are hereby authorized
and directed to execute the attached and incorporated "Consulting Agreement"
together with its attachments.
ADOPTED BY THE CITY COUNCIL this 17th day of June, 1997.
ATTEST:
i.._e-i- —' -4 /( (arc -
Karen Roberts, City Clerk
ynn Buchanan, Mayor
CONSULTING AGREEMENT
THIS AGREEMENT is made and entered into by and between City of Yakima
(hereinafter the "City"), Preston Gates & Ellis LLP (hereinafter "Outside Counsel"), and CH2M
Hill, Inc. (hereinafter the "Consultant").
WHEREAS, Outside Counsel and the City have determined that retention of Dick
Haapala of CH2M Hill, a consultant familiar with analysis of water supply issues in the vicinity of
the City, is necessary to assist with legal analysis relating to the City's claims in Department of
Ecology v. Acquavella.
NOW, THEREFORE, IT IS HEREBY UNDERSTOOD AND AGREED by and between
Outside Counsel, the City, and CH2M Hill, Inc. ("Consultant") as follows:
Services To Be Performed by Consultant
1. Consultant agrees to provide consulting services to Outside Counsel as set forth in
Exhibit 1 hereto.
2. It is agreed between the parties that Outside Counsel, in conjunction with the City,
shall determine the scope of any specific services to be rendered by the Consultant and that
Outside Counsel will make assignments and request work products on an as -needed basis.
Outside Counsel shall discuss the scope of specific services with Consultant and they shall
mutually agree on the scope of such services before Consultant begins such services.
3. Outside Counsel and the City shall not attempt to prejudice the outcome of the
analysis performed by Consultant. The manner and means of conducting the work are under the
control of Consultant. The work is subject to the City's and Outside Counsel's general right to
review. Outside Counsel and Consultant intend and agree that an independent contractor
relationship is created by this contract.
4. Consultant understands that the services required under this Agreement are
provided to assist the City in a dispute regarding the City's surface water rights.
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5. Consultant understands and agrees that all information and documents to which
the Consultant is given access will be held confidential and all other written reports, summaries,
analyses or other documents prepared by the Consultant will be held confidential as privileged
attorney-client communications and/or work product. Consultant agrees that disclosure of any of
the aforesaid will be only at the specific direction of Outside Counsel or the City.
6. This contract is personal and Consultant may not assign or delegate this contract,
or any part of it, or any right to any money to be paid under it, except with the written consent of
Outside Counsel.
7. No claim for additional services, not specifically provided in this contract and
requested by Outside Counsel, performed or furnished by the Consultant, will be allowed, nor
may the Consultant do any work or furnish any material not covered by the contract unless the
work or material is ordered in writing by Outside Counsel.
8. All written reports, graphs, analyses, computer programs, drawings, notes, and
other work developed in the performance of this Agreement (the "Work") are and remain the joint
property of the City and Consultant. The Work may be used by the City for any purpose without
additional compensation to the Consultant. The Consultant agrees not to assert any rights and not
to establish any claim under the patent or copyright laws with respect to the Work. The
Consultant, for a period of three years after final payment under this contract, agrees to furnish
and provide access to the Work at the request of Outside Counsel.
Consideration
9(a) The City agrees to pay Consultant for the work performed under this contract at
the rates set forth in Exhibit 2, attached hereto -
9(b) Consultant agrees to bill Outside Counsel for fees and expenses on about a
monthly basis. Expenses will be itemized by task. If requested by Outside Counsel, Consultant
will provide an estimated budget and schedule for each task assigned. Upon receipt of a billing,
documented as described herein, Outside Counsel agrees to forward that bill within ten (10)
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business days to the City. Payment in full by the City direct to the Consultant shall be due within
thirty (30) days of receipt of the bill.
Period of Performance
10. The period of the contract begins April 1, 1997, and ends December 31, 1998.
The City or Outside Counsel, by written notice, may terminate this contract, in whole or in part,
at any time. The City is liable only for payment in accordance with the payment provisions of this
contract for services rendered before the effective date of termination. Performance may be
extended for additional periods by the written agreement of the parties.
Governing Law
11. This contract is governed by the laws of the State of Washington and all disputes
arising out of this contract which cannot be settled by mutual agreement shall be resolved in the
Washington state courts.
Amendments
12. The terms of this contract including, but not limited to, the definition of services to
be performed, the period of performance, and the amount of consideration to be paid may be
amended or modified at any time by written agreement of all the parties.
PRESTON GATES & ELLIS LLP CONSULTANT:
CH2M HILL, INC.
01-1
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By:
c
Elizabeth Thomas, Partner
Date: ' L,/ , ) , 1997
AGREEMENT APPROVED BY
THE CITY OF YAKIMA:
By:
Date:
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By:
Date: 7 , 10
By:
, 1997
Date: /,-)3/c 7
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ATTEST:
City Manager
Karen
S. Roberts, CNC
CITY CONTRA :7 NO•
fi[swi.vri)N NO:
EXHIBIT 1
SCOPE OF WORK
The scope of specific services to be rendered to support the water rights claims of the
City of Yakima will be established by task assignments by Outside Counsel. The
assignments shall include a description of the work to be accomplished, estimated level
of effort, deliverable products, and schedule. Outside Counsel and Consultant shall
mutually agree on the scope of services before the work is started. Upon request by
Outside Counsel, an estimate of the cost to complete each task will be provided.
EXHIBIT 2
RATE SCHEDULE
Fees for services will be estimated based on the rate schedule set forth below.
Rates shown include salary costs, overhead costs, and profit. All rates shown
are on a per hour basis.
Labor"
EN -6 Project Manager (Haapala)$123.00
EN -5 Senior Design Engineer $105.00
EN -4 Engineer $90.00
EN -2 Junior Engineer $68.00
TE -5 Senior Surveyor $82.00
TE -3 Drafting Technician $60.00
TE -2 Engineering Technician $50.00
0 Clerical Staff $46.00
Expenses
Direct expenses such as transportation, communications, computer usage,
supplies, etc. will be billed at the actual costs plus a 10% markup to cover
administrative costs.
Estimated average hourly rates for each employee category. Where
individual wage rates vary from the average hourly rates shown, the actual
amount charged will be the employee's actual wage rate multiplied by a factor of
3.2. This amount charged will include salary costs, overhead costs, and profit.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. I
For Meeting of 6-17-97
ITEM TITLE: Consideration of a Resolution Authorizing execution of an Agreement with Preston
Gates and Ellis LLP, CH2MHi11 for engineering services relating to the City's position in
litigation.
SUBMITTED BY:
Dueane Calvin, Water/Irrigation Manager
Glenn Rice, Assistant City Manager
John Hanson, Director of Finance and Budget
CONTACT PERSON/TELEPHONE: Dueane Calvin 576-6154
SUMMARY EXPLANATION:
As a result of current activities related to the Acquavella proceeding it has been determined that it is
necessary that CH2MHill be retained to provide engineering services to Preston Gates and Ellis LLP,
in conjunction with the City, related to surface water rights, said service to be on an `as needed'
basis.
The amount of funds required for the performance of these services has not been fully defined, but
they are not estimated to exceed $5,000.00. Funding source will be the Water Professional Services
Account for Acquavella related matters (474-4-474-349-W002-53420-410). Refer to attachment
`Acquavella and other Legal Service Costs', funding is included in item #1.
Resolution X Ordinance Contract X Other (specify)
Funding Source Water Operations - Fund 474
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff recommends approval of the resolution authorizing the City
Manager to execute the accompanying "Consultant Agreement" with Preston Gates and Ellis LLP,
and CH2MHill for the services described therein.
COUNCIL ACTION:
Resolution adopted. Resolution No. R-97-89
Acquavella and other Legal Service Costs
It appears at this time that the vast majority of activities remaining to be accomplished this year
involves the domestic water system. Should the Judge issue a preliminary report in 1997 as
promised, the required level of participation could again change.
1997 Budget
Water % of Total Irrigation % of Total
75, 000.00 45, 000.00
Charges through April 21,856.00 65 11,742.00 35
Current Balance
53,144.00 33,258.00
1..50cfs/Canal Comp Acq. 60, 000.00 100
2.. Develop Irrigation Ord 24,000.00 100
3..Financial Model Update 15,500.00 100
4..Ongoing Acquavella 30,000.00 100 0
Sub Total (36,856.00)
(6,242.00)
Necessary Appropriations 37,000.00 6,500.00
1997 revised budget
112, 000.00
69 51,500.00 31
..These issues are significant and the City will be required to address them in order to
continue to meet the demands being placed on domestic water system.
2..The development of this ordinance involves a very unique circumstance and needs to be
approached very carefully and completely. To our knowledge, no other community in
this State, or possibly the Region have addressed changing from the Assessment
District format to a Utility. There are operation, and debt issues which must be
completely resolved in this ordinance.
3..This proposal is a further development of the modeling program initiated in 1996 for the
domestic water system. This segment will develop similar capabilities for the new
irrigation utility. Further work will be required at a later date.
4..It appears at this time that the vast majority of activities remaining to be accomplished this
year involves the domestic water system. Should the judge issue a preliminary report in
1997 as promised, the required level of participation could again change.