LEGISLATIVE RESEARCH CENTER
File #: 22-821    Name:
Type: Consent Item Status: Agenda Ready
File created: 6/14/2022 In control: Broken Arrow City Council
On agenda: 6/20/2022 Final action:
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
Attachments: 1. FY2023 PSA signed by Steve Metcalf
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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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

End

 

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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