Broken Arrow City Council
Meeting of: 10-3-2017
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Approval of and authorization to execute a Professional Services Agreement between the City of Broken Arrow and McDonald, McCann, Metcalf & Carwile, LLP, Attorneys at Law, for providing counsel and legal advice regarding construction law
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Background:
The law firm of McDonald, McCann, Metcalf & Carwile, LLP is a well-respected firm with vast legal knowledge and experience involving construction law. The City Attorney is recommending that the Council continue to engage this firm to provide counsel and legal advice to the City regarding the Tiger Hill Retaining Wall and Construction Defect Dispute with Contech, Inc., O.J.C., and Heartstone.
The attached Professional Services Agreement memorializes retention of the firm, costs and the hourly rates to be charged. The firm charges the following rates:
Steven K. Metcalf $275.00 per hour maximum
William H. Spitler $245.00 per hour maximum
Associates: $195.00 per hour maximum
Paralegals: $80.00 to $100.00 per hour maximum
Routine costs such as copying and postage are addressed in the Agreement. Costs and fees for this matter are capped at $75,000.00 and it will expire on June 30, 2018. To date, the City has spent $74,787.92 with this firm on this matter pursuant to a previous contract. Staff recommends that the Council approve the Agreement and authorize its execution.
Cost: Not to exceed $75,000.00
Prepared By: Beth Anne Childs, City Attorney
Reviewed By: Assistant City Manager - Operations
Engineering and Construction Department
Finance Department
Approved By: Michael L. Spurgeon, City Manager
Attachments: Professional Services Agreement
Recommendation:
Approve the Professional Services Agreement and authorize its execution.