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SR-102-001-03 CA:f:atty\muni\strpts\EM\Kane Ballmer.wpd City Council Meeting 4/23/02 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Recommendation to Authorize the City Manager to Execute A Professional Services Agreement with Steven Densmore, Esq., and Cox Castle & Nicholson LLP Introduction This report recommends that the City Council authorize the City Manager to execute professional services agreements with Steven Densmore, Esq. and Cox Castle & Nicholson, LLP for legal services. Background The City has embarked on a number of large complex public works projects, including the public safety facility, Pacific Coast Highway sewer replacement project, library expansion project, and civic center garage. Past experience has shown that large and complex public works projects involve a high risk of legal controversy and exposure to the City arising from contractor claims. 1 Discussion Retention of outside counsel experienced in drafting construction documents and construction litigation is desired to reduce the Citys risk for public works projects. The = law firm of Cox Castle & Nicholson is currently assisting the Santa Monica City Attorneys = office on contractor claims arising from the Pacific Coast Highway Sewer Construction project. The majority of these fees are passed shared with the City of Los Angeles pursuant to a reimbursement agreement. Steven Densmore, formerly through the law firm of Wickwire Gavin LLP and now currently with the law firm of Kane, Ballmer & Berkman, is currently assisting the Santa Monica City Attorneys Office with agreements related to the = design and construction of other large public works projects. Mr. Densmore is also assisting the City in revising construction templates for public works projects in order to streamline the public bidding process. The City Attorneys Office solicited resumes from experienced construction firms, and the = firms were evaluated for suitability. Mr. Densmore was selected for his extensive experience in construction matters. Cox Castle & Nicholas was similarly selected for their construction expertise, as well as their expertise in resolving claims using alternative dispute resolution. Both law firms are paid on an hourly basis based upon the law firms = rate schedule. 2 Budget/Financial Impact The funds for these services are available from the following accounts: Public Safety Facility - C01005801.589000 Main Library Expansion Project - C01049100.589000 Transit Mall - C41045801.589000 Civic Center Parking Structure - C01056201.589000 RECOMMENDATION It is respectfully recommended that the City Council: 1. Approve an agreement with Steven Densmore for services in an amount not to exceed $75,000, including payment to Wickwire Gavin for Mr. Densmores = past services while he was engaged with that firm. 2. Approve an agreement with Cox Castle & Nicholson LLP for services in an amount not to exceed $75,000. PREPARED BY: Marsha Jones Moutrie, City Attorney Joseph Lawrence, Assistant City Attorney Eriko Matsumoto, Deputy City Attorney 3