PORT ANGELES — Clallam Transit’s attorney hired an engineering firm to review the structural issues at The Gateway last December, and the city of Port Angeles may get the bill.
The firm, Berger/Abam Engineers Inc. of Federal Way, is providing its own evaluation of the cause of cracking found in a foundation wall at The Gateway project — located at the Front and Lincoln streets and Railroad Avenue, Glenn Cutler, Port Angeles public works director, has said.
That is addition to a joint city-Transit contract with Krei Architecture.
Terry Weed, Clallam Transit general manager, and attorney Craig Miller both cited attorney-client privilege on Thursday when they declined to answer why Miller hired the firm, what the firm’s role is, or why the agreement was not approved in open meeting by the Clallam Transit board of directors.
“He [Miller] has advised us that it [attorney-client privilege] applies in this case,” Weed said. “I have to take his word for it at this point.”
“The attorney [Miller] feels that this is necessary to assess and protect and evaluate our interests.”
Miller said the firm will bill him for its expenses when its work is complete.
Weed said Miller probably will be reimbursed for the costs of the agreement with public funds.
That would have to be approved by the Clallam Transit board.
If Miller is reimbursed for the costs of the agreement, it would come from the city of Port Angeles, Weed said.
That is because Clallam Transit’s $500,000 contribution and grant funds for The Gateway have been spent.
Weed said the interlocal agreement between the city and Clallam Transit for The Gateway says that any additional costs would be paid by the city.
Weed said the board discussed “legal issues and contractual issues” on the subject on Dec. 3 — before Miller hired the firm — in executive session, but did not give him “explicit direction.”
He added that “no public action was taken by the board on this issue.”
Mike Chapman, Clallam Transit board member and Clallam County commissioner, said the board did not make a decision in executive session and did not direct Miller to hire the firm.
Chapman said Miller, who is contracted by Clallam Transit for his legal services, can hire the firm on his own, but he is not guaranteed compensation.
Dan Di Guilio, board member and Port Angeles City Council member agreed.
“It is my understand that the [firm] works for Craig and not the board,” he said.
Chapman said he couldn’t say why Miller wanted to hire the firm because discussion was in executive session, and Di Guilio cited attorney-client privilege.
