HomeMy WebLinkAbout1114 ResolutionRESOLUTION NO. 1114
A RESOLUTION RELATING TO THE PASCO-KENNEWICK INTERCITY
BRIDGE AND AUTHORIZING THE CITY OF PASCO TO EXECUTE
AGREEMENTS FOR THE`PURPOSE OF OBTAINING SERVICES OF A
CONTRACT ATTORNEY.
WHEREAS the City of Pasco has determined that it is in its
best interest to join with the City of Kennewick to select the
services of a contract attorney for purposes of advice on matters
pertaining to the construction contract for the intercity bridge
project, and
WHEREAS the intercity bridge committee has conducted
interviews with several attorneys and recommended that the cities
hire Mr. Robert J. McNichols of the law firm of Winston, Cashatt,
Repsold, McNichols, Connelly and Drescol, of Spokane, Washington, as
the contract attorney for the project, and
WHEREAS the cost of such legal services is eligible for
federal aid matching funds in accordance with federal law and federal
aid project agreement numbers BRM 5015(2) and FAM 5015(1), which
requires execution of an agreement with the State of Washington)
attached hereto and incorporated herein; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO:
That the Mayor of the City of Pasco be and he is hereby
authorized to execute on behalf of the City of Pasco agreements
substantially in the form as those attached hereto and incorporated
herein to retain the services of Mr. Robert J. McNichols of the law
firm of Winston, Cashatt, Repsold, McNichols, Connelly and Drescol,
of Spokane, Washington, as the contract attorney for the intercity
bridge project for the specific purposes of advising the cities on
matters pertaining to the construction contract of said intercity
bridge project, provided, however, that payment to the attorney
pursuant to the agreements shall not exceed the sum of Ten Thousand
& 00/100 ($10,000.00) Dollars.
Passed by the City Council of the City of Pasco, Washington,
this 19 day of September , 1977.
Ja idrick, Mayor
AT T:
ells, Deputy City Clerk
APPR VED AS TO FO
Michael E. Cooper, Vity Attorney
A G R E E 11 E N T
THIS AGREEMENT made and entered into this day of ,
1977, by and between the CITY OF PASCO, a municipal corporation of the State of
Washington, the CITY OF KENNEWICK, a municipal corporation of the State of Washing-
ton, hereinafter jointly referred to as the "CITIES", and ROBERT J. McNICHOLS,.
Attorney at Law, of Winston, Cashatt, Repsold, McNichols, Connelly and Drescol,
5th Floor, Spokane & Eastern building, Spokane, Washington 99201, hereinafter
referred to as the "ATTORNEY";
WHEREAS, the Cities have determined that it is in their best interests to
select the services of the Contract Attorney for purposes .of advice on matters
pertaining to the construction contract for the Intercity Bridge Project, and
WHEREAS, the Intercity Bridge Committee conducted interviews with several
attorneys and recommended that the Cities hire Mr. Robert J. McNichols of the law
firm of Winston, Cashatt, Repsold, McNichols, Connelly and Drescoll of Spokane,
Washington, as the Contract Attorney for the project, and
NOW, THEREFORE, in consideration of the mutual promises and covenants con-
tained herein the parties hereto agree as follows:
I
SCOPE OF SERVICES. The ATTORNEY shall research the legal problems (that
involve the CITIES) resulting from the construction.activities performed by
Peter Kiewit and Sons' Company and its subcontractors on Contract 9883, Federal
project numbers FAM -5015(1) and GRN -5015(2), Pasco -Kennewick Intercity Bridge,
and generally give advice thereupon to the CITIES only. This agreement does not
cover work that is the result of litigation. If litigation occurs, a new or
supplemental agreement may be executed by and between the parties hereto upon
terms to be negotiated.
II
TIME FOR BEGINNING. The ATTORNEY shall not begin work under this agreement
until written authority to do so is received from the CITIES.
III
SUBLETTING OR ASSIGNING WORK. The work required under this agreement is
personal. The ATTORNEY shall not sublet or assign any portion of the work to
anyone outside the ATTORNEY'S firm without the express written consent of the
CITIES.
IV
PAYMENT. The Attorney shall be paid for all services provided as follows:
(A) For Mr. McNichols' personal and direct services, $70.00 an hour;
(B) In the event Mr. McNichols is temporarily unavailable for con-
sultation and the services of a senior partner are warranted, $70.00 per hour
for personal and direct services of Mr. Pat Sullivan;
(C) For the services provided by Mr. McNichols' law firm under the
supervision of Mr. McNichols, the hourly rate shall be:
(1) Associates $40.00 per hour,
(2) Legal Interns $15.00 per hour,
(3) Paraprofessionals $20.00 per hour.
(D) The payment set forth above shall be full compensation for all
services rendered and also expenses incurred for materials, supplies, equipment
and incidentals; except, the following expenses necessary to performance of the
work will be reimbursed: food and lodging not exceeding Thirty Dollars ($30.00)
per day; travel expenses at 130 per vehicle mile or other travel expenses; long
distance telephone calls; reproduction expenses such as xeroxing, blueprinting,
photostating, etc.
(E) Payment to the ATTORNEY pursuant to this agreement shall not exceed
Ten Thousand & 00100 ($10,000.00) Dollars unless authorized by written modification
of this Agreement.
-2-
(F) The ATTORNEY will submit an invoice to the CITIES not more than
once per month to receive progress payments for the work performed for the CITIES
under this Agreement during the period covered by the invoice. Each invoice shall
set forth a su►;anary of the days and/or hours worked by each individual assigned
to the project, his personnel category, and the total amount requested attributable
to that individual; and in addition, expenses shall be itemized.
(G) The ATTORNEY assures the CITIES that detailed records will be kept
relating to the charges made and expenses incurred for the performance of the work
required. These accounting records shall be made available at the office of the
ATTORNEY at all reasonable times for audit by authorized representatives of CITIES,
STATE or of the Federal highway Administration during the period of this agreement
and for three (3) years following completion of all work hereunder.
V
LHPLOYMENT. Any and all employees of the.ATTORNEY or other persons while
engaged in the performance of any work or services required of the ATTORNEY under this
agreement, shall be considered employees of the ATTORNEY only and not of the CITIES,
and any and all claims that may or might arise under any Workmen's Compensation Act
on behalf of said employees or other persons while so engaged, and any and all claims
made by a third party as a consequence of any act or omission on the part of the
ATTORNEY'S employees or other persons while so engaged or any of the work or services
provided to be rendered herein, shall be the sole obligation and responsibility of
the ATTORNEY.
VI
(JON -DISCRIMINATION. The ATTORNEY agrees not to discriminate against any client,
employee or.applicant for employment or for services because of race, creed, color,
national origin, sex or age with regard to, but not limited to the following:
-3-
:�°'e`' "a �er�"`�"3iz'�"''+�,�,�t •°'�.'a'�G��'�'fc`'` � v'�"'�'�`�.�.�c;�.'-'�` * ��' ":'_" s;,�' �'�- e -�- -*� �,..��;r�
.c,,i�.,�'�-3Q��`�,� �+,!4�c� 4"'—f�� � �,�,i�d'+'�.r�X.?�.:���• �.""� �,���-' ��y���-+�j�ry'��°'� �°�� �...�'s��-��o s.�,�,�a._�.3i•;�"'t�v—.d.` r �°` ��
employment upgrading; demotion or transfer; recruitment or any recruitment adver-
tising, layoff or termination rates of pay or other forms of compensation; selec-
tion for training; rendition of services. The ATTORNEY understands and agrees that
violation of this provision may cause the CITIES to terminate this agreement.
VII
TERMINATION. This agreement shall terminate at the same time Contract 9883
is accepted by the STATE. The right is reserved by the CITIES to terminate this
agreement upon ten (10) days written notice to the ATTORNEY. In the event this
agreement is terminated hereunder, the CITIES shall pay the ATTORNEY for all
satisfactory work and services performed and reimburse him for authorized expenses
incurred, to the effective date of termination, less all payments previously made.
In no event shall payment be made nor expenses be reimbursed for work performed
following the effective date of termination. Upon termination of this agreement,
the ATTOR14EY shall deliver to the CITIES all material and analyses completed to
that date which shall be the property of the CITIES for its use without restriction.
VIII
MODIFICATION OF AGREEMENT. This Agreement may be modified only in writing
and when properly signed by both parties.
-4-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
ATT
velyn Wells, Deputy City Clerk
APPROVED AS TO FORM:
Michael E. Cooper, City Attorney
ATTEST:
M. A. Price, City Clerk
APPROVED AS TO FORM:
Leland U. Kerr, City Attorney
-5-
P
CITY OF PASCO
Tidrick", 1May6r
CITY OF KENNEWICK
Jack M. Hageman, Mayor
WINSTON, CASHATT, REPSOLE, t1cNICHOLS,
CONNELLY AND DRESCOLL
Attorneys at Law
By:
Robert J. McNichols
SUPPLEMENTAL AGREEMENT NO. 5
THIS SUPPLEMENTAL AGREEMENT, made and entered into this _ ! day of
, 1977 by and between the CITY OF PASCO, WASHINGTON, and the
CITY OF KENNEWICK, WASHINGTON (jointly referred to hereinafter at times as the
"CITIES"), and the STATE OF WASHINGTON, acting by and through the'l4ashington State
Highway Commission and the Department of Highways, hereinafter called the "STATE",
witnesseth:
WHEREAS, the parties hereto entered into an agreement dated the 23rd day of
January, 1975 providing for the construction of a new four -lane bridge over the
Columbia River between the CITIES of Pasco and Kennewick parallel to the existing
Columbia River Bridge (hereinafter referred to as the "PROJECT"); and
WHEREAS, the CI'TIE'S have agreed(Ito hold the Federal Government and the STATE
harmless_ from any and all costs, claims, demands, and obligations of whatsoever
nature arising from or by reason of the STATE'S participation in the project . . .
to defend at their own costs, all suits or actions of whatsoever nature brought
against the CITIES, Federal Government, and/or the STATE. arising from the per-
formance of construction Contract No. 9883 in connection with the project or
arising by reason of the STATE'S participation in the project. PROVIDED, nothing;
herein shall require the,CITIES to reimburse the STATE or the Federal Government
for damages arising out of bodily injury to persons or damage to property caused
by or resulting from the sole negligence of the Federal Government, the STATE
agents or employees' and
1
WHEREAS, the CITIES entered into an agreement on the day of ,
1977, with ROBERT J. McNICHOLS, Attorney at Law, of Winston, Cashatt, Repsold,
McNichols, Connelly and Drescoll, 5th Floor, Spokane and Eastern Building, Spokane,
Washington 99201, hereinafter referred to as the "ATTORNEY"; and
WHEREAS, the CITIES have determined that it is in their best interests to
enter into an agreement with the ATTORNEY for the purposes of advice on matters
pertaining to the construction contract for the PROJECT; and
WHEREAS, the CITIES have requested Federal -aid funds from the STATE for
performance of work under their agreement with the ATTORNEY; and
WHEREAS, (in recognition of the CITIES' obligation to hold the Federal
Government and STATE "harmless' the cost of such legal services is eligible for
Federal -aid matching funds in accordance with Federal law and Federal -aid project
agreement numbers BRM 5015(2) and FAM 5015(1);
NOW THEREFORE, in consideration of the STATE advancing Federal -aid matching
funds to the CITIES, the CITIES agree and covenant as follows:
I
Payment for the ATTORNEY'S services shall be in accordance with the CITIES -
ATTORNEY agreement attached hereto as EXHIBIT "A". The total cost of the ATTOR-
NEY'S services will be paid by the CITIES and the Federal Government. Payment of
costs will be managed as follows:
Upon receipt and approval of an invoice from the ATTORNEY, not more
than once per month, the CITIES will pay the ATTORNEY from the re-
volving fund account in accordance with paragraph IV Supplemental Agree-
ment No. 2 to GC 3717, indicate the Federal -aid matching share on the
invoice and forward the invoice to the STATE. The CITIES will reimburse
•the revolving fund account with the Federal share when Federal funds are
received from the STATE. The STATE will bill the Federal Government for
the funds dispensed to the CITIES.
II
The cost of legal services to the CITIES including reimbursement of the
ATTORNEY'S actual expenses incurred in performing such services, shall not ex-
ceed the sum of $10,000 without the prior written approval of the STATE.
III
The CITIES shall be responsible for audit of the ATTORNEY records to deter-
mine eligible Federal -aid costs. The report of said audit shall be in the CITIES'
files and made available to the STATE and the Federal Government. The CITIES
shall furnish any documents pertaining to this agreement upon the STATE'S request
for such material. The STATE shall audit the CITIES' records for eligible Federal -
aid costs for ATTORNEY services. Eligible costs are those necessary to providing
advice on legal matters relating to the construction contract for the PROJECT.
If upon audit, it is found that an overpayment, or participation of Federal money
in ineligible items of cost, has occurred, the CITIES shall reimburse the STATE
upon demand for the amount of such overpayment of excess participation. If such
audit finds the CITIES' audit unsatisfactory, the STATE reserves the right to
audit the ATTORNEY'S records.
-2-
IV
This agreement shall terminate upon the STATE'S acceptance of Contract 9883
for the PROJECT.
AA
Except as provided herein, all terms of Agreement GC 3717 and Supplements
thereto remain in effect.
Approved as to form:
STATE OF WASHINGTON
Department of Highways
By
CITY OF PASCO, WASHINGTON
By
-,Gc,..5 - -�,! `� , 1977 CITY OF KENNEWICK, WASHINGTON
By
Assistant Attorney General
-3-