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Home My WebLink AboutRemy, Moose, Manley, LLP 2014-05-29' �O�,(.- IU�� I 31�f - �3 tr � � I R E M Y M O O S E M A N L E Y � � � ,� FF.E/RF.TAINER AGREF,MENT , ADMINISTRATIVE & LITIGATION CL[EN'I': City of Ukiah CASE NO. 076 CASE NAME: Talmage Interchange EIR COUNTY: Mendocino THIS FEE/RETAINER AGRGEMF.NT IS MADE THIS ��'�`�DAY OF Mav 2014. by and between the undersigned Client and REMY MOOSE MANLEY, LLP, Attorneys at Law. , L TIIE CLIENT HIiREBY RE"�AINS "I�Hf�. ATTORNEYS to advisc the Client regarding the completion of an cnvironmental impact report for improvements to the Talmage Road/Highway 101 interchange and litigation support in ihe event that the EIR is subject to �il judicial review. 2. I�HG CLIENT HEREBY EMPOWERS THE ATTORNEYS to perform the said I services for and on behalf of the Client, and in its name and do all tliings that the Attorncys may deem necessar , a ro riate or advisable, subject to Attorneys' consultation with and approval Y PP P of Client�s City Attorney°. �� 3. �fHE CLIEN'I' H�REBY AUTI�ORI7CS 'I�HE A'I"�ORNEYS to have another � attorney, including Client's Ci[� Attorney, either associated with him/her, or otherwise appear on behali�oY the Client with the consent of the Client through ClienCs City Attorney. � 1 � I - — — � , , i � 4. l�I1G CLIGNT I IERLBY AGREES to pay a fee of$300.00 per hour for partncrs , Jt�mes G. Moose. Wl�itman F. Manlcy, Andrea K. Leisy, "Ciffany K. Wright, Sabrina V. "Ieller and Howard F. Wilkins lll; $300.00 per hour for Brian .I. Plant and Robert M. Sawyer, of counsel: $275.00 per hour for senior associates .Iennifer S. Holman and Amanda R. Berlin: $250.00 per hour for associate attorneys l,aura M. Harris, ,Ieannie Lee. John 'I'. Wheat, � Christopher L. Stiles, L. Elizabeth Sarine, Deborah J. Kollars, and Gv✓ynne B. Hunter: $225.00 per hour for graduate law students (to be inereased to $250.00 per hour upon passage of the Bar ' examination): $125.00 per hour for paralegal time. 'I�ime for research done by a law clerk will be �I � billed at the rate of$125.00 per hour. ' The Client will receive a monthly billing statement that sets forth work do�1e and expenses incurred and amount due and payable at that time. Commencing twelve months from the effective date of this Agreement. the hourly rates set forth in this paragraph may change from timc to time to reFlect increases in the cost of doing business. Such changes will be noticed to the Client not less than 30 days before they take effect The Attorneys do not bill for secretarial or word processor time. 5. All time is billed in one-tenth hour intervals (6 minutes). 6. IN ADUIT[ON TO THG A'I'TORNEYS PGES SET FOR"IH ABOV13, THG CI.ILNT 111:f2EBY AGRF.F.S to pay to the Attorneys all applicable COSTS, such as: tiling fees; � mileaae costs (outside of Sacramento); document retrieval from storage, as charged; printing I costs by� a professional printer, as charged: facsimile charges; postage charges, as charged; reimbursement for travel, lodging_ and meal expenses in instances requiring out of county travel, including but not limited to any costs involving common carriers (i.e., airplane); extraordinary � I 2 II I I I i . ' ' costs (i.c., labor charges for citc checking major bricfs and administrativc record prcparation): and any other agreed upon costs or expcuses related to this matter. Should an account become � delinquent by more than sixry (60) days, interest at the legal rate shall accrue. (See attached list of cost charges.) � 7. THE CLIENT HLREBY AGRL'ES TEIA'I' the Client will advance all costs incident to the performance of said services; however, if the Attorneys should advance such costs, thc Client agrees to reimburse the Attomeys for such costs UPON DEMAND. 8. THIS AGRF.EMGNT SHALL BL' LIMITED TO the tasks set forth in Para. I. 9. 1'C IS ACKNOWI.EDGED THA�1� no promises have been made concerning the ultimate result and/or outcome of this action, and attorneys' fees are in no way contingent thereon. 10. SHOULD DLPAULT BE MADE in the payments provided herein when due, the entire unpaid balance shall bccome due and pay161e. 1 l. REMY MOOSE MANLL�:Y, LLP, maintains insurance for errors and omissions wilh policy limits of$7 Million. sub,ject tu aIl tenns, conditions. and exclusions set forth in the policy of insurance. nttorneys shall pro��ide insurance specified in the attached Insurance Rcquirements covering claims arising from the performance of this Agreement. For CLIGNT: FEI;/RE"i'AINER AGRFEMEN7' �� ACCEPTGD BY REMY MOOSE DATED: 5 �j � MANLEY, LLP: �� / � DATED: ' / � ' I � � l '� I iL�_ `J� ' ` CL ENT �� if%, � �� J: ;: "r( , �ti�.- � � A"1'TORNEY � , � I � I . . cosTS I I EXTRnORDINARY COS'�S $>0.00 PL•R HOUR MILLAGE $ .45 CL'-NTS PI3R M1LE (FOR TRIPS OUTSIDG � SACRAMENTO COUNTY ONI.Y) TRAVEULOUGING/MEALS AS CHARGED FACSIMILE $1.00 PER FACSIMILE DCLIVERY/PICK UP $25.00 PER DELIVERY IN 7'HE CCI'Y OF SACRAMENI'O, $30.00 IN THE COUN'CY OF I SACRAMENTO AND $40.00 OU"CSIDE THE COUNTY � OF SACRAMF:NTO I DOCUMENT RETRIEVAL AS CHARGED � l'ItOM S�I�ORAGE POSTAGE ASCHARGED OU'TSIDI: PRINTING AS CHARGED I 4 I J i INSURANCF, REQUIREMF.NTS Attorneys ("Consultant'�) shall maintain insurancc against claims for injuries to persons or damages to property, which may arisc from or in connection with their perforn�ance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: I 1. Insurance Services Office ("ISO) Commercial General Liability Coverage I Form No. CG 00 Ol I 1 85. 2. ISO Forni No. CA 0001 (Ed. 1/78) covering Automobile Liability, Code I ' "an}' auto" or Code 8, 9 if no owned autos and endorsement CA 002�. 3. Worker's Compensation Insurance as required by the Labor Code of the � State of California and Employers Liability Insurance. 4. Professional Liabilitti Insurance covering damages which may result from �� errors, omissions, or acts of professional negligence by Consultant. I3. Minimum Limits of[nsurance Consultant shall maintain limits no less than: � I. General Liabilitv: $1.000,000 combined single limit per occurrence for � bodily iqjury. personal iqjury and property damage. If Commcrcial , General I,iability Insurance or other form with a general aggregate limit is ' uscd, the �encral aggregate limit shall apply separately to the work � performed under this Agreement_ or the aggregate limit shall be twice the � prescribed per occurrence limit. �� 2. Automobile Liabilitv: $1,000,000 combined single limit per accident for � bodily injury and property damage. 3. Worker's Compensation and Emplovers Liabilitv: Worker's compensation limits as required by the Labor Code of the State of California and Employcrs Liability limits of$1.000.000 per accident. 4. Professional Liabilitv Covera�e: $500.000 combined sin�le limit per I occurrence. If the coveraec is an aegregate limit the aggregate limit must � apply separately to the work perYorn�ed under this Agreement, or the aggregate limit shall be twice the per occurrence limit. 5 I I — , �� C Deductibles and Sclf-Insured Rctentions � Any deductibles or self-insured retcntions must bc declared to and approced by � the City. At the option of the City, either the insurer shall reduce or eliminate � such deductibles or self-insured rete��tions as respccts to the City, its ofticers, officials, employees and volw�teers: or the Consultant shall procure a bond � guaranteeing payment of losses and related investigations. claim administration and defense eapenses. D. Otherinsurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: i 1. General Liabiliri� and Automobile Liability Covera� a. The Ciry, it officers, of�ficials, employees and voluntcers are to be covered as additional insureds as respects; liability arising out of activities perfomied by or on behalf of the Consultant, products � and completed operations of the Consultant, premises owned. occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant The coverage shall contain no special limitations on the scope-of-�rotection afforded to the City, its officers, ofllcials. employees or voluntecrs. b. The Consultant's insurance coverage shall be primary insurance as respects to the City. its officers. officials, employees and volunteers. Any insurance or self=insurance maintained by the City, its officers. officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. c. An}� failure to comply w�ith reporting provisions oY the policies shall not af3ect covcrage provided to the City, its officers, officials. employees or voluntcers. d. The ConsultanPs insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Comoensation and Emplovers Liabilitv Coverase l'he insurer shall agree to waive all rights of subrogation against the City, I its officers, officials, employees and volunteers for losses arising from Consultant's perfonnance of the work, pursuant to this Agreement. 6 I I i - � . , � 3. Professional Liabilitv Coverase � �i If written on � claims-madc basis, the retroactivity date shall be the effective date of this Agreement. l�he policy period shall eatend from the � rermination of this Agreement and for a period of three (3) years � thereafter. ' 4. All Covera�es Each Insurancc policy required by this clause shall be endorsed to state � that coveragc shall not be suspe��ded, voided, canceled by either party. reduced in covcrage or in limits except after thir[y (30) days prior written notice by certified mail. rewm receipt requested, has been given to the �� Cit��. � E. Acceptabilitv oY Insurers � Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A-VII for financial strength, AA for long-term credit rating �, and AMB-1 for shoR-tcrm credit rating. � I F. VerificationofCovera�e '� Consultant shall furnish the City with certificates of Insurance and with original Endorsements � effecting coverage required by this Agrcement The Certificates and Endorsements for each � insurance policy are [o bc signcd by a person authorizcd by that insurer to bind coveragc on its behal£ 'I�he Certificates and Endorscments are to be on lorms provided or approved by the City. Where by statute. the City's Workers' Compensation - related fomis cannot be used, equivalent ' forn�s approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agrcement. The Cit}' reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the ri�ht, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part ol the compensation due the contractor after notice to Consultant that City has paid the premium. I 7 �I i I i �