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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. -1- 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) -2- 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 0/YY 14 C By: c Elizabeth Thomas, Partner Date: ' L,/ , ) , 1997 AGREEMENT APPROVED BY THE CITY OF YAKIMA: By: Date: (//d -/`i 7 By: Date: 7 , 10 By: , 1997 Date: /,-)3/c 7 -3- 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.