Broken Arrow City Council
Meeting of: 06-20-2022
Title:
title
Approval of and authorization to execute a Professional Services Agreement with Metcalf & Spitler, LLP, for providing counsel and legal advice regarding the Tiger Hill Retaining Wall Design and Construction Defect Dispute with Contech, Inc., O.J.C., and Heartstone
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Background:
The City of Broken Arrow has previously contracted since 2017 with Metcalf & Spitler for representation on civil litigation pertaining to the Tiger Hill Retaining Wall Design and 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 Metcalf: $ 275.00 per hour maximum
William Spitler: $ 245.00 per hour maximum
Associates: $ 195.00 per hour maximum
Paralegals: $ 80.00 to $100 per hour maximum
Routine costs such as copying and postage are addressed in the Agreement. Costs and fees for this matter are capped at $100,000.00 and it will expire on June 30, 2023, if the case is not finalized by that time.
Cost: Not to exceed $100,000.00
Funding Source: General Fund
Requested By: Trevor Dennis, City Attorney
Approved By: City Manager’s Office
Attachments: Professional Services Agreement
Recommendation:
recommend
Approve the Professional Services Agreement with Metcalf & Spitler, LLP, and authorize its execution.
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