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File #: 23-1728    Version: 1 Name: 11/6/23 - Amendment 2 with CDM Smith Michigan for Consulting & Expert Witness Services
Type: Resolution Status: Passed
File created: 11/6/2023 In control: City Council
On agenda: 11/6/2023 Final action: 11/6/2023
Enactment date: 11/6/2023 Enactment #: R-23-399
Title: Resolution to Approve Amendment Number 2 to the Professional Services Agreement with CDM Smith Michigan Inc. for Consulting and Expert Witness Services Relative to Platt Convenience, Inc. v. City of Ann Arbor ($50,000.00 amendment; $125,000.00 total contract) and to Appropriate Funds (8 Votes Required)
Attachments: 1. Amendment 2 to CDM Smith Expert Witness Agmt - Platt 10-06-23.pdf, 2. Second Amended Exhibit B Compensation.pdf
Title
Resolution to Approve Amendment Number 2 to the Professional Services Agreement with CDM Smith Michigan Inc. for Consulting and Expert Witness Services Relative to Platt Convenience, Inc. v. City of Ann Arbor ($50,000.00 amendment; $125,000.00 total contract) and to Appropriate Funds (8 Votes Required)
Memorandum
Attached for your review and approval is a resolution to approve Amendment Number 2 to the Professional Services Agreement with CDM Smith Michigan Inc. for ongoing Consulting and Expert Witness Services relative to Platt Convenience, Inc. v City of Ann Arbor.

To assist with the City's defense of the Platt Convenience lawsuit, the City retained CDM Smith Michigan Inc. for consulting and expert witness services because of its qualifications and experience providing similar expert services relating to stormwater utility rates for various municipalities across the country. Additionally, the City has worked with CDM Smith Michigan Inc. in the past with respect to its utility rates.

The City Administrator approved an initial agreement with CDM Smith Michigan Inc. and Amendment Number 1 for a total amount not to exceed $75,000.00 which has been exhausted during the intensive litigation which involved extensive expert support including document analysis, research, preparation of a report and opinions, and a deposition, among other support services, and there is a need for additional services from CDM Smith Michigan Inc. relating to the City's defense of this lawsuit.
The City Attorney requests approval of Amendment Number 2 to the Professional Services Agreement with Stantec Consulting Services Inc. for Consulting and Expert Witness Services Relative to Platt Convenience, Inc. v City of Ann Arbor in the amount of $50,000.00, which will result in a total contract amount of $125,000.00.

CDM Smith Michigan Inc. complies with the City of Ann Arbor's Non-Discrimination and Living Wage Ordinances.

Budget/Fiscal Impact: Funding for these services is availa...

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