HomeMy WebLinkAboutA019 - Resolution approving change order to Simmons, Perrine, Moyer, Bergman PLC of Cedar Rapids, IA, for Outside Legal Services related to the Steven L. Schainker PlazaITEM #:21
DATE:02-10-26
DEPT:FLEET
SUBJECT:CHANGE ORDER FOR OUTSIDE LEGAL SERVICES RELATED TO
STEVEN L. SCHAINKER PLAZA
COUNCIL ACTION FORM
BACKGROUND:
The City, through outside contractors, is in the process of constructing the Steven L. Schainker
Plaza across Clark Avenue from City Hall. The Plaza will ultimately contain a variety of multi-
season amenities, including spray features, an ice-skating ribbon, a stage, restrooms, and
gathering spaces.
Concrete was poured for the ice-skating ribbon in late 2023. Following curing, it became
apparent that the concrete surfacing was unacceptable, which raised questions about whether
the concrete was structurally sound and whether the subsurface refrigerant system would
function properly. Due to these concerns, the City obtained outside legal services from
Simmons Perrine Moyer Bergman PLC to assist City staff. This firm then obtained the services
of a concrete expert to evaluate and provide information regarding possible solutions. The
concrete expert's services are paid by the outside legal firm, which then passes the costs
through to the City along with the costs for the legal services used.
On January 14, 2025, the City Council approved a change order to increase the total authority
for these services to $99,900. City staff administratively approved change orders to bring the
total to $146,050.56. Staff has received another billing that will put the total cost of these
services over the amount that can be administratively approved. There is an outstanding bill
that will bring the total over $149,900, which is the threshold requiring City Council approval.
The current total billed is $156,040.56, of which $74,234.51 is for professional expert concrete
services. Given the unknown amount of additional legal and concrete expert services that will
be needed, staff is recommending that the City Council approve a change order in the amount
not to exceed $50,000, to bring the total available purchasing authority to $199,900. This
amount will only be used if services are provided.
ALTERNATIVES:
1. Approve the change order to Simmons Perrine Moyer Bergman PLC, increasing the
amount of the purchase order to $199,900. The City will be billed only for services
incurred.
2. Do not approve the proposed change order and ask staff for further information.
CITY MANAGER'S RECOMMENDED ACTION:
Due to the complexities of the ice-skating ribbon concrete and construction law, it is in
the best interest of the City to rely on outside legal counsel with experience in these
matters. This purchase order also covers the costs of the outside concrete expert as
well, which are billed to the law firm and passed through to the City. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative #1, as described
1
above.
It is also recommended that funding for these unbudgeted expenditures should come from the
available balance in the Hotel/Motel Fund.
2