LEGISLATIVE RESEARCH CENTER
File #: 17-2727    Name:
Type: Consent Item Status: Passed
File created: 9/25/2017 In control: Broken Arrow City Council
On agenda: 10/3/2017 Final action: 10/3/2017
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
Attachments: 1. Metcalf 2017 Outside Counsel Agreement 9-29-2017 - construction
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
End
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 ...

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