HomeMy WebLinkAbout5.804 Amendment (2) City of Port Angeles
Record #5.804
Third Amendment to Agreement
Between City of Port Angeles and
Cascadia Law Group
This Third Amendment is entered into this 2) of , 2016 by and
between the City of Port Angeles("City") and Cascadia Law Group("Contractor").
For and in consideration of the mutual benefits to be derived herefrom, the Parties
recite,covenant,and agree as follows:
1. The Parties entered into an agreement for legal services on October 31,
2006.
2. The original agreement was amended on the 4b day of December,2012,by
amending the scope of work subject to the Agreement.
3. The Second Amendment was signed on March 10,2015,and it changed the
original agreement, as amended, by adding a new Scope of Work and
increasing the authorized contract compensation by $185,000.00, which
increased the maximum compensation authorized under the Agreement to
an amount not to exceed $523,327.00.
4. This Third Amendment is to add additional tasks to the Scope of Work
attached as Exhibit A, and amend the Agreement by increasing the
authorized contract compensation by $1,306,662, which increases the
maximum compensation authorized by the Agreement to an amount not to
exceed$1,829,989.
5. All other terms of the Agreement remain unchanged.
6. As amended,the Agreement is ratified and confirmed.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
original Agreement in duplicate.
CITY O ORT ANGELES CASC IA LA GROUP
BY: BY: I rd
Dan McKeen, City Manager Rod gown
Date: _ .._ .�_
3 1 Date _ _
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APP VED AS TO ATTEST:
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William E. Bloor,City Attorney finnifertVeneklasen, City Clerk
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Cascadia Law Group
City of Port Angeles Legal Services Agreement
Scope of Work (2016-2017)
1. City of Port Angeles (1): Western Port Angeles Harbor Cleanup Matter.
a. Anticipated Work by Cascadia Law Group (2016-2017):
i. Provide legal services and assistance on investigation and
cleanup requirements under the Model Toxics Control Act
(MTCA), including the performance and compliance with the
MTCA Agreed Order for a Remedial Investigation (RI)
(characterizing the nature and extent of the contamination) and
a Feasibility Study(FS) (evaluating options for cleanup).
ii. Defend City against MTCA claims by Ecology and other liable
parties. Assist City with the Washington State Department of
Ecology(Ecology) and other liable parties' negotiations
associated with the completion of the RUTS at Western Port
Angeles Harbor(WPAH) and Rayonier MTCA Sites.
iii. Provide counsel on technical and legal implications of the MTCA
requirements, with technical consultant support.
iv. Provide strategic advice on liability defense, environmental
compliance, and risk management for alleged City liabilities.
v. Provide legal support through completion of the RI under the
Agreed Order, including support of technical teams, the City,
and Ecology on regulatory compliance and characterization of
the Site consistent with MTCA requirements. Negotiate the
approval of the Rl Report with Ecology.
vi. Provide legal services in support of the City's participation in FS
completion and associated selection of MTCA remedial
alternatives. Evaluate selection of recommended cleanup
alternatives under MTCA. Negotiate drafting and revisions to FS
Report with Ecology and other liable parties. j
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vii. Assist City with regulatory compliance under the Agreed Order.
viii. Assist City with future anticipated work on a MTCA Consent
Decree negotiations for the performance of the remedial action
under MTCA and the Cleanup Action Plan (CAP).
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ix. Evaluate and negotiate sediment recovery zone approach under
new MTCA Sediment Management Standards (SMS)with
Ecology.
2. City of Port Angeles (2): Insurance Matter.
a. Anticipated Work by Cascadia Law Group during 2016-2017:
L Continued pursuit of timely reimbursement from insurance
carriers of City's costs incurred as part of WPAH Site liabilities.
ii. Search for additional insurance coverage records and evidence.
iii. Update primary level general liability and excess liability
insurance carriers and respond to information requests.
iv. Track and monitor reimbursements and invoices.
3. City of Port Angeles (3): Natural Resource Damages Matter.
a. Anticipated Work by Cascadia Law Group during 2016-2017:
i. Assist City with preparations for and negotiations with Natural
Resource Damage (NRD) Trustee Council regarding alleged
liability, restoration projects, and potential settlement options.
ii. Coordinate with City on potential NRD restoration projects.
iii. Research and evaluate NRD Trustees' Assessment and DSAY
demands.
iv. Research and evaluate City's alleged NRD liabilities, potential
defenses, and allocation of potential shares.
4. City of Port Angeles (4): WPAH Allocation Matter.
a. Anticipated Work by Cascadia Law Group during 2016-2017:
i. Research and prepare defense of MTCA allocation claims.
ii. Assist City with cost recovery against other potentially liable
parties for costs incurred at the WPAH Site under MTCA.
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iii. Identify and pursue additional liable parties to participate in the
allocation and payment of cleanup costs.
iv. Design a WPAH Allocation Process Agreement evaluating
options for allocation methods.
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v. Lead the formation and convening of allocation process for past
and future costs.
vi. Prepare for and respond to discovery in anticipated allocation
process, including review of historic documents and site history
information.
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