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.
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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
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law firm of Cox Castle & Nicholson is currently assisting the Santa Monica City Attorneys
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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
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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
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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
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rate schedule.
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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
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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
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