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Home My WebLink About4166 +--------------------------------------------------------------------------+ tEnter Search Criteria, Press Esc Key to Transmit ..Press Del Key to Terminate Delete Mode CHANGE Contract Number 'I'Vendor Name ,.Subject ,.Department ,.Status Code ,. ,. ,. ,. ,. ,. t ,. Comments Contract Transactions 4166 ,. ,. ,. ,. .l. BUCKLEY & LEADERS RETAINED COUNSEL - ATTORNEY LGL PAPE & SONS CONSTRUCTION INC Insurance Type Amount Amount Begin Date End Date Review Date $19950.00 04/01/2001 ,. 12/31/2004 ,. 02/15/2006 t Insurance Total Insurance Review Date $0.00 HOLD HARMLESS VAULT 01/01/2006 +--------------------------------------------------------------------------+ AMENDMENT NO. I This Amendment No. 1 modifies the Professional Services Agreement between the City of Bremerton ("City") and Buckley & Leaders, with an effective date of April l, 2001 (the "Agreement"). 1. Effective Date. This amendment shall be effective on the date this amendment is signed by both parties. 2. Term. Section II, Term, of the Agreement shall be deleted in its entirety and replaced with the following: This Agreement commences on April 1, 2001 and will continue in full force and effect until the City shall terminate the Agreement. 3. Compensation. Section III, Compensation, of the Agreement shall be deleted in its entirety and replaced with the following: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel for services rendered and invoiced monthly. Payment will be made based on an hourly rate not to exceed $195.00 per hour for attorney services, $75.00 per hour for paralegal services, $45.00 per hour for legal assistant services, $30.00 per hour for word processing and out-of-pocket expenses in accordance with Retained Counsel's standard billing practices. These fees shall remain fixed through December 31, 2002, at which time the parties shall adjust the fees to reflect increases consistent with Retained Counsel's then current annual increases in hourly rates for similar services. 4. Termination. The City shall have the right to terminate this Agreement or any portion of services being provided by Retained Counsel under this Agreement at any time with ten (10)days prior written notice at the City's sole discretion for any reason whatsoever. 5. Task Budgeting and Planning. The Retained Counsel shall provide quarterly projections of levels of effort, budgets and litigation and dispute resolution plans for discussion with the City Attorney. This planning effort is intended to allow for full City input and involvement in the planning and implementation of the City's legal activities being provided by Retained Counsel. Except as expressly modified herein, all remaining provisions in the Agreement shall remain in full force and effect. CITY OF BREMERTON BUCKLEY & LEADERS : /? /r~ By: Ronald R. Leaders Date: ~ t- Date: \\TERRI\C\DATA\RRL\B REM~AM END01 PROFESSIONAL SERVICES AGREEMENT BUCKLEY & LEADERS The City of Bremerton ("City") an(] Buckley & Leaders ("Retained Counsel"), referred to collectively as the "Parties", enter into the following Agreement for professional services: I. Scope: The Retained Counsel will represent the City of Bremerton in City of Bremerton vs. Pape & Sons Construction, Inc. No 00 2027046 filed in Kitsap County Superior Court and provide legal advice on other matters on an as requested basis. II. Term: This Agreement commences on April 1, 2001 and terminates on December 31, 2002. III. Compensstion: In consideration of the services provided pursuant to this Agreement, The City shall pay Retained Counsel in a total amount not to exceed Nineteen Thousand Nine Hundred Fifty and No/100 Dollars ($19,950.00). Payment will be made based on an hourly rate not to exceed $195.00 per hour for attorney services and $75.00 per hour for paralegal services. IV. Hold Harmless: Retained Counsel shall be solely responsible for the acts and failures to act of its personnel which adse in any way out of performance of this Agreement. Retained Counsel agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Retained Counsel, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Retained Counsel have specifically negotiated Retained Counsel's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Retained Counsel's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. V. General Conditions: A. RePorts and Information: When requested by the City's Director of Public Works and Utilities or a Bremerton Assistant Attorney, Retained Counsel shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. B. Entire A.qreement: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. Buckley & Leaders 3/27/01 - Page 1 E. Notices: Notices shall be in wdting and delivered to the following addresses: Gene Sampley Ronald R. Leaders Director of Public Works & Utilities Buckley & Leaders 239 Fourth Street 9330 SW 216th Street Bremerton, WA 98337 Vashon, WA 98070 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Compliance with Laws: Retained Counsel shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes adsing out of this Agreement shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: The substantially prevailing Party in any litigation adsing out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VI. Nondiscrimination: Retained Counsel shall not discriminate in employment or services to the public on the basis of race, color national origin, sex, religion, age, madtal status, or disability, except for employment actions based on bona fide occupational qualification. CITY OF BREMERTON BUCKLEY & LEADERS By:' Lynn S. I-{orton, Mayor By: P~o~v~.p ~. /._~/~'P~-I~.F Buckley & Leaders 3/27/01 - Page 2 PROFESSIONAL SERVICES APPROVAl, Originator: Peggy Lesser Department: Risk Management Date Submitted: March 27, 2001 Total Cost: $19, 950 Description: Legal services for representation of the City in a litigated contract dispute with Pape & Sons Construction, Inc. to recover City costs associated with construction defects on the Warren Avenue Basin Combined Sewer Overflow Reduction Project and for legal advice on other construction issues on an as needed basis. The City expects the current litigation to be resolved through mediation, so the contract amount is capped at $19,950. If mediation is not successful, a contract amendment may become necessary. Impact of Non-approval: Glenna Malanca will remain the attorney of record in this litigation. *Approvals: Depamnent Head ~.~. ~ .~~ ~ Mayor Fiscal&Budget Operations Co~cil President $0 - $1,000 Depa~ment ~e) only $1,~ - $10,000 Depa~ment Head, Mayor, Fiscal & Budget, ~erahons (Copy of fora to Council President) $10,~0 - $20,000 Depa~ment Head, Fiscal & Budget, Operations, Council President