HomeMy WebLinkAbout6277RESOLUTION NO. 6277
A RESOLUTION APPROVING A CONTRACT FOR LEGAL
SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORA-
TION AND THE LAW FIRM OF GORSUCH, KIRGIS,
CAMPBELL, WALKER AND GROVER AND AUTHORIZING
THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE
SAME
WHEREAS, various disputes, claims, delays and issues of
probable litigation have arisen relating to the construction of
the City's $29 million sewage disposal facilities, and
WHEREAS, the amounts involved or to be involved in such
issues of probable litigation are substantial and present complex
and extensive factual issues arising during the approximtely 39
month period of construction and delayed construction of the
sewage disposal facilities, and
WHEREAS, such disputes, claims and issues will probably
involve protracted and extended litigation requiring the service
of additional legal counsel, support staff and facilities not
available to the City through its City Attorney's Office, and
WHEREAS, the City Attorney is of the opinion that engagement
of special legal counsel is necessary and required to protect the
City's interests and enforce its rights and remedies under its
contracts for construction of the $29 million sewage disposal
facility and recommends that such legal counsel be the law firm of
Gorsuch, Kirgis, Campbell, Walker and Grover, which is experienced
in construction dispute matters and has available sufficient
qualified attorneys and adequate support staff and facilities to
represent the City's interest in such potentially complex
litigation, and
WHEREAS, sufficient funds are available in the City's sewer
user fund and bond construction fund for the engagement of such
special legal counsel; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The Contract For Legal Services between Pueblo, Colorado, a
Municipal Corporation and the law firm of Gorsuch, Kirgis,
Campbell, Walker and Grover relating to construction contract
dispute and issues involving the construction of the City's sewage
disposal facilities, a copy of which is attached hereto and
incorporated herein, having been approved as to form by the City
Attorney, is hereby approved. The President of the City Council
is authorized and directed to execute said Contract for and on
behalf of the City and the City Clerk is directed to affix the
seal of the City thereto and attest same.
SECTION 2
Payment for services and expenses incurred under the Contract
shall be paid out of the City's sewer user fund and the sewage
disposal facilities construction fund.
INTRODUCED: September 12, 1988
By MIKE OCCHIATO
Councilman
ATTEST: APPROVED:
Cit Clerk esiden the City Council
-2-
�EOD
City of Pueblo
THOMAS E. JAGGER
City Attorney
127 West, First National Bank Bldg.
MEMORANDUM PUEBLO, COLORADO 81003
TO: Members of the City Council
FROM: City Attorney
DATE: September 8, 1988
RE: Construction of City Sewage Disposal Facilities
As stated in the attached resolution disputes, claims, delays and
issues of probable litigation have arisen relating to the con-
struction of the City's $29 million sewage disposal facilities.
We are of the opinion that special legal counsel should be engaged
to protect the City't interest in this matter since the City
Attorney's office is not sufficiently staffed with either
attorneys or support personnel to adequately represent the city in
such potential complex and protracted litigation and recommend the
engagement of the law firm of Gorsuch, Kirgis, Campbell, Walker
and Grover which is experienced in construction contract disputes
to assist in representing the City's interest.
The proposed contract for legal services requires the law firm and
the City Attorney's office to work out a litigation plan defining
responsibilities of the law firm and the City Attorney's office
and a budget for fees and costs. Section 6 -7 of the Charter
provides that special counsel be engaged by the City Attorney and
serve solely under the direction of the City Attorney.
Thomas E. agger
30.37/jp
Enclosure
GORSUCH, KIRGIS, CAMPBELL, WALKER AND GROVER
STANDARD FEE AGREEMENT - HOURLY FEE
1. Introduction This is a contract for legal ser-
vices between the law firm of Gorsuch, Kirgis, Campbell, Walker
and Grover (the "Law Firm ") and the City of Pueblo (the
"Client ").
2. Legal Services The Law Firm agrees to represent
the Client in the matter described in § 9 below. The Law Firm
agrees to exert its best effort on behalf of the Client and to
handle the matter faithfully and with due diligence. The Law
Firm and the Client shall cooperate in the proper investigation,
preparation and completion of this matter. The Law Firm cannot
and does not guarantee or agree that a result favorable to or
satisfactory to the Client will be achieved. No settlement or
compromise will be made without the Client's consent.
3. Fee The Client shall pay the Law Firm a fee for
services rendered. Unless otherwise provided below, the fee will
be based upon the Law Firm's standard hourly rates. The rates
presently range from $55 per hour for some clerks and paralegals
to $200 per hour for senior partners. The hourly rates for the
attorneys expected to do most of the work on this matter are
listed in § 9 below. The hourly rate applies to all work
performed in this matter, including court time, investigation and
preparation, negotiation, meetings, research and travel. The Law
Firm changes its hourly rates periodically and the Client will be
notified of any change.
4. Retainer The Client shall pay to the Law Firm a
retainer in the amount and at the time indicated in § 9 below.
The retainer shall be applied to fees as they are incurred and
the Client shall replenish the retainer as it is depleted.
5. Costs The Client, in addition to the fee, shall
pay all costs incurred by the Law Firm in the matter. Examples
of such costs include charges for filing fees, depositions,
expert witnesses, consultants, travel, long distance telephone,
computer research, photocopies, messenger service, etc. The
Client shall pay to the Law Firm an advance to be applied to such
costs. The advance shall be paid in the amount and at the time
indicated in § 9 below.
6. Estimated Charges The Law Firm may give the
Client an estimate of the anticipated total cost of the matter.
The actual charges may vary from the estimate due to unforeseen
complexities or difficulties. The estimate is not firm and is
not binding on either the Client or the Law Firm.
7. Billing; Payment; Late Payment Charge Bills nor-
mally will be sent to the Client on a monthly basis and are due
upon receipt. Any amounts not paid within 30 days of the date of
the bill shall be sub
month (18% per year).
within 30 days of the
stop all work for the
prompt payment of all
any specific result.
a late payment charge of 12% per
Client fails to pay any charge
the bill the Law Firm may elect to
The Client's obligation to make
does not depend upon achievement of
ject to
If the
date of
Client.
charges
8. Miscellaneous The Client may terminate this
Agreement at any time. If the Client discharges the Law Firm,
the Client shall pay all fees and costs incurred. This Agreement
shall apply to any other matter which the Law Firm handles for
the Client if there is no separate agreement made for that
matter.
9. Special Provisions
a. Description of Mater: Water Treatment Plant construction
dispute with MCI Constructors, Inc.
b. Amount of Retainer:
$ 0 Due Date
c. Amount of Cost Advance: Arrangements for payments of costs
will be made as the need arises.
d. Attorneys and Rates: James Jablonski - $165;
John Mullins - $180; Gary Brown - $110; Phyllis Morgan - $75
e. Estimated Total Fees, Costs and Other Charges: See below.
f. Other Provisions: Gorsuch Kirgis and the City of Pueblo will
work out a litigation plan which will define the respon-
sibility to be exercised and the work to be performed by the
City and the Law Firm. They will also work out a budget for
fees and costs expected to be incurred in this engagement.
10. Signature THE LAW FIRM AND THE CLIENT HAVE READ
THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO IT.
GORSUCH, KIRGIS, CAMPBELL
WALKER AND GROVER
y:
1401 - 17t eet, Suite 1100
P.O. Box 0
Denver, Colorado 80217
(303) 534 -1200
Date:
CLIENT: CITY OF PUEBLO,
A MUNICIPAL CORPORATIOIN
Pre i Uoiit of the City Coutici 1
1--,City Nall Place, Pueblo, CO 01003
Address
Telephone:(? 9)54; -�41Z
ATTEST:
City lerl -.
Date:
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