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Home My WebLink AboutCM Essential Facilities Legal Services AmendmentSAN RAFAEL THE CITY WITH A MISSION Agenda Item No: 3.a Meeting Date: December 5, 2016 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Attorney Prepared by: Eric Davis City Manager Approval: Deputy City Attorney TOPIC: Legal Services in Connection with Essential Facilities Projects SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES WITH MCINERNEY & DIILLON, P.C., IN CONNECTION WITH THE PREPARATION OF THE CONTRACT DOCUMENTS FOR THE PUBLIC SAFETY CENTER AND FIRE STATIONS 52 AND 57 PROJECTS, TO INCREASE THE TOTAL COMPENSATION TO AN AMOUNT NOT TO EXCEED $35,000, IN A FORM APPROVED BY THE CITY ATTORNEY. RECOMMENDATION: Adopt Resolution. BACKGROUND: Following the approval of Measure E in November 2013, extending the existing 0.5% transaction and use tax and adding an additional 0.25% to that tax for capital improvements to our City's aging public safety facilities; the City Council adopted an Essential Facilities Strategic Plan on July 20, 2015, by Resolution No. 13978. The Essential Facilities Strategic Plan provided for 7 capital projects, starting with the construction of a new Public Safety Center and the replacement of Fire Stations 52 and 57. Or September 21, 2015, the City Council adopted Resolution No. 14016, approving an agreement with Mary McGrath Architects for architectural and design, bidding, and construction administration services for the Phase 1 Projects, which were the new Public Safety Center and the replacements for Fire Stations 52 and 57. On June 3, 2016, The City Manager executed an Agreement for Legal Services with McInerney & Dillon, P.C., for the preparation of contract documents for the Public Safety Center and the Fire Stations 52 and 57, in an amount not to exceed $20,000. ANALYSIS: Tim McInerney of McInerney & Dillon, P.C., has provided legal assistance to City staff in connection with preparation of the contract documents for the Public Safety Center and Fire Station 52 and 57 projects over the last few months. The legal analysis and review of the RFP and contract documents required by McInerney has been more extensive than originally anticipated due to the complexity of these projects, and the Best Value procurement approach recently adopted by the City Council., Therefore, the original contract not to exceed amount of $20,000 is no longer sufficient. City staff are FOR CITY CLERK ONLY File No.: 4-3-619A x 12-22 Council Meeting: 12/05/2016 Disposition: Resolution 14237 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 requesting the City Council to authorize an amendment of the Agreement for Legal Services to increase the not to exceed amount to $35,000, which is the amount now estimated to be sufficient for Mr. McInerney to complete the final contract document review for the projects. FISCAL IMPACT: Funds for this agreement are available in the Measure E San Rafael Essential Facilities Project Funds. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution as presented approving the amendment to the Agreement for the requested budget increase; 2. Adopt the resolution approving an amendment with a modified budget increase; or 3. Not approve the amendment, allowing no further work beyond the current budgeted amount. RECOMMENDED ACTION: Adopt the Resolution Approving and Authorizing the City Manager to Execute an Amendment to the Agreement for Legal Services with McInerney & Dillon, P.C., in connection with the preparation of the contract documents for the Public Safety Center and Fire Station 52 and 57 projects, to Increase Total Compensation to an Amount Not To Exceed $35,000, in a form approved by the City Attorney. ATTACHMENTS: 1. Resolution 2. Draft Amendment to Legal Services Agreement RESOLUTION NO. 14237 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT OF THE AGREEMENT FOR LEGAL SERVICES WITH MCINERNEY & DILLON, P.C., IN CONNECTION WITH THE PREPARATION OF CONTRACT DOCUMENTS FOR THE PUBLIC SAFETY CENTER AND FIRE STATION 52 AND 57 PROJECTS, TO INCREASE THE TOTAL COMPENSATION TO AN AMOUNT NOT TO EXCEED $35,000, IN A FORM APPROVED BY THE CITY ATTORNEY WHEREAS, the City Manager entered into an Agreement for Legal Services, dated June 3, 2016, with McInerney & Dillon law firm, in connection with the preparation of contract documents for the new Public Safety Center and Fire Station 52 and 57 projects; and WHEREAS, due to the complexity of these projects, and the adoption of Best Value bidding concepts new to the City, there have been extensive staff and consultant reviews and discussions, and exchange of documents, with McInerney & Dillon, P.C., all of which has necessitated greater time for legal review, analysis and document preparation than was originally estimated to be required; WHEREAS, the Council finds that the City needs additional legal services from McInerney & Dillon, P.C., in order to complete the contract documents for the Public Safety Center and Fire Stations 52 and 57, and to put these projects out to bid. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby approves and authorizes the City Manager to execute an amendment to the Agreement for Legal Services with McInerney & Dillon, P.C, to increase the total compensation to an amount not to exceed $35,000, in a form approved by the City Attorney. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 5th day of December, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS None ESTHER C. BEIRNE, CITY CLERK 1 AMENDMENT TO AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN RAFAEL AND McINERNEY & DILLON, P.C. This Amendment to the Agreement, dated June 3, 2016, is made and entered into this Ski.+ day of December, 2016, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and McInerney & Dillon, P.C. (hereinafter "CONTRACTOR"). AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. Paragraph 4 of the Agreement, entitled COMPENSATON, is amended to change the fourth sentence to read as follows: "The total amount payable to CONTRACTOR shall not exceed $35,000, including expenses." 2. All of the other terms of the Agreement shall remain the same. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF S AEL A�-c S HUTZ, City ager ATTEST: %L slur - R-r-,,esw ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTLN, City Attorney McINERNEY & DILLON, P.C. By: `• Gly �, TIMOTHY L.McRNEY Title:O CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Attorney Project Manager: Rob Epstein Extension: 3080 Contractor Name: McInerney & Dillon Contractor's Contact: Tim McInerney Contact's Email: tlm@mcinerney-dillon.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor N/A 12/2/2016 b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 12/2/2016 and return to Project Manager N/A ❑ _LAG_ b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ❑ _LAG 3 Project Manager Forward three (3) originals of final agreement to 12/5/2016 contractor for their signature 4 Project Manager When necessary, * contractor -sinned agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or Public Works Contract > $125,000 12/5/2016 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 12/12/16 LKG Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 8 City Manager / Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager��— ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 12/5/2016 From: Eric Davis/ Lisa Goldfien Department: City Attorney Date: 11/30/2016 Topic: Legal Services in Connection with Essential Facilities Project Subject: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES WITH MCINERNEY & DIILLON, P.C., IN CONNECTION WITH THE PREPARATION OF THE CONTRACT DOCUMENTS FOR THE PUBLIC SAFETY CENTER AND FIRE STATIONS 52 AND 57 PROJECTS, TO INCREASE THE TOTAL COMPENSATION TO AN AMOUNT NOT TO EXCEED $35,000, IN A FORM APPROVED BY THE CITY ATTORNEY. Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: Staff Report APPROVALS ® Finance Director Remarks: MM - approved 11/30/2016 ® City Attorney Remarks: LG -Approved 11/30/16 ® Author, review and accept City Attorney / Finance changes Remarks: M City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: