HomeMy WebLinkAbout001077 Amendment 1 001077
FIRST ANIENDNIENTTO
PROFESSIONAL SERVICES CONTRACT
between
CITY OF PORT ANGELES
and
LANE POWELL, PC
"I"his amendment is entered into on this day of November, 2016, between the City of Port
Angeles, a municipal corporation of the State of Washington (hereinafter referred to pis "City"),
and lane Powell, PC (hereinafter referred to as"Contractor").
In consideration ol" the covenants and promises set forth herein, the parties hereto agree as
follows:
I The Parties entered into a Professional Service Contract on June 8, 2016. This
Professional Service Contract is incorporated by this reference and may hereafter
be referred to as "the Agreement."
2. The Agreement is hereby amended by adding the Scope of Work that is attached
as Exhibit A.
1 The Agreement is hereby amended by increasing the not-to-exceed amount of
compensation by $135,500 for a total of$285,500.
4. All other terms of the Agreement remain unchanged. As amended, the
Agreement and Amended Agreement are ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have executed this, contract the date and year
indicated below.
Date: Date: 111)1/4
CITY OF 11ORTANGELES CONTRAC"I'OR- Lane Powell, I)C
By .........................
/Patricak Downie, Mayor egginger
ATTEST: A 0 V 1111
nry
'ticklasen. City Clerk, William E. 1loor, City Attorney
LANE POWELL
IM
ATTORNEYS & COUNSELORS
GRANT S.DEGGINGER
206.223,7390
deggingerg@lanepowellxom
November 8, 2016
VIA ELECTRONIC MAIL
William E. Bloor
City Attorney
City of Port Angeles
321 E Fifth Street
PO Box 1150
Port Angeles, WA 98362-0217
Re: Representation of the City of Port Angeles
Dear Bill:
We write to report on the status of out initial phases of work,to refine the scope and to propose
a budget for the next phases of work..
In our initial two phases of work,we accomplished the following objectives and tasks:
• We analyzed potential legal claims, remedies and options available to the City for
addressing its concerns about the impacts the City has and continues to experience on
its domestic and industrial water supplies and facilities since dam removal commenced;
• We have both participated in and supported the City's efforts to negotiate with the
National Park Service and other federal agencies to address the need to fulfill their
obligations to the City under the Elwha River Ecosystem and Fisheries Restoration Act
("EREFRA");
• We assisted the City in accomplishing an initial goal of securing extension of NPS'
operations of the Elwha River Water Facilities beyond October 1,2016;
• We have assisted the City in outreach to members of the Washington Congressional
delegation and state leadership;
• We have worked with technical experts to evaluate claims,damages and options;and
• We have been securing and reviewing documents from various agencies relevant to
evaluating claims,repair options and to inform negotiations.
www.lanepoweILGOM A PROFESSIONAL CORPORATION LAW OFFICES
T 206.223 7000 1420 FIFTH AVENUE, SUITE 4200 ANCHORAGE,AK . PORTLAND, OR
F 206.223.7107 P.O.BOX 91302 SEATTLE,WA, LONDON, ENGLAND
SEATTLE,WASHING r0N 98111-9402
Exhibit "A"
William E. Bloor
November 8,2016
Page 2
While we have completed the first phase task outlined in our initial scope of work, the second
phase—specifically the negotiation efforts—have proven to be particularly complex, with
participation by the NPS, its solicitor's office,other agencies and the United States Attorney's
office. We expect that those efforts necessarily will continue through year end and into
calendar year 2017. Should those efforts be unsuccessful,the City also will need to be prepared
to pursue other legal options for protecting its water supplies and in seeking recoverable
damages. Our revised scope of work addresses both contingencies and is summarized below:
Support and participate(when appropriate)in negotiations with NPS,other federal and
state agencies and Tribe
Document review and claim support
Regulatory and permitting support
Potential Litigation
Each phase and task included herein is subject to any modifications, additions, and/or
refinements recommended at the discretion of the city manager and/or the city attorney. We
estimate that the additional tasks described above will increase the contracted amount by
$135,500. We will maintain the rates currently in effect with the City through calendar year
2017.
We look forward to continue working with the City.
Very truly yours,
LANE POWE c
',an S
GSD:dlh Gra eg
127857.0004/68046212