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Home My WebLink About2018-01-15-Resolutions 18-028_Public Improvement Proceedings Engagement AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 18-028 APPROVING AHLERS &COONEY,P.C.,ENGAGEMENT AGREEMKNT, 2018 PUBLIC IMPROVEMENT CONTRACT PROCEEDINGS IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE,IOP'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,City bond counsel Ahlers &Cooney,P.C.,proposes an Engagement Agreement in connection with the preparation of the necessary contract proceedings for public improvement projects commenced in 2018;AND, WHEREAS,City staff finds the proposed flat fee to be reasonable and will allow staff to better estimate project costs by knowing the fee in advance; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Ahlers &Cooney,P.C.,Engagement Agreement,2018 Public Improvement Contract Proceedings,attached hereto as Exhibit A,is hereby approved. Passed by the City Council of the City of Waukee,Iowa,and approved the 15 day of January, 2018. Attest: W 1 iamF.P rd,ayor Rebecca D.Schuett,City Clerk RESULTS OF VOTE: Anna Bergman R.Charles Bottenberg Courtney Clarke Shelly Hughes Larry R.Lyon AYE X X X NAY ABSENT ABSTAIN *hlers 6 Cooney,P.C. Attorneys at Law 100 Court Avenue,Suite 600 Des Moines,lowe 50309-2231 Phone:51 5-243-761 1 Fax".515-243-2149 www.ahlerslaw.corn James FL Wainwright 515.246.0319 twafnwnght@ahterslaw,corn January 8,2018 VlA E-MALL AÃD REGTVLAR MAlL Mr.Tim Moerman City Administrator City of Waukee 230 W.I-lickman Road Waukee,IA 50263 RE;Engagement Agreement -2018 Public Improvement Contract Proceedings 13ear Tim: The purpose of this Engagement Agreement (N Agreementu)is to disclose and memorialize the terms and conditions under which Ahlers Ett Cooney,P.C,will represent the City of Waukee (the "City')in connection with the preparation of the necessary contract proceedings for public improvement projects commenced in 2018. SCOPE OF ENGAGEMENT When City staff requests that we prepare the necessary proceedings for Council action on public improvement projects in 2018,we will perform the following services: 1.Review the engineer's Notice of Public Hearing and Notice to Bidders tor compliance with iowa law; 2.Prepare letters of instructions for Council proceedings; 3.Answer questions and advise City staff and Council throughout the public improvement contract (bidding and letting)process; 4.Prepare Notices of Meetings and partial agendas 5.Prepare proceedings and documents for initiation of the public improvement project, including: a.Resolution ordering construction of certain public improvements,and fixing a date for hearing thereon and taking of bids therefor WIEHARO 8 BAILv -1888:CHERNEEY 8 BAILY -18934 BAILY 8 STIPr —19ON STIRP,PERRY,BANNISTER s SwRZINOFR —1914T BANNIETER,CARPENTER. AIEI'RE LE CORNET -1930:AHIERE,COONEY,OORNEILFR.ALLBEE.HAYNIE &BETH -1974f AHI ERE,CORNET,DOREEILER,HAYNIE,SLETH s ALLBEE,P.C.-1990 January 8,2018 Page 2 6.Prepare proceedings to be used on the date fixed for the hearing on the proposed plans,specifications,contract,and estimated total cost of the public improvement project,including: a.Resolution adopting plans,specifications,form of contract and estimated cost b.Resolution making award of contract c.Resolution approving contract and bond. 7.Prepare proceedings to be used upon completion of the public improvement project, including: a.Resolution accepting public improvements Our duties under this particular engagement are limited to those expressly set forth above. Absent a separate engagement agreement regarding one or more of the following services,our duties under this Agreement do not include: 1.Defending any legal challenges to or arising out of the particular public improvement project; 2.Reviewing,revising,or negotiating the City's contract with outside consultants architects or engineers; 3.Reviewing and revising the terms and conditions of the City's contract for construction of the public improvements;and 4.Any bond (finance)related services. Please be advised that we recommend that the City have legal counsel review all public improvement contracts and outside professional consultant (architects and engineers)contracts well in advance of posting the Notice to Bidders and publication of the Notice of Public Hearing for each particular project.The standard form contracts commonly used 1'or public improvement contracts and professional consultant contracts do not provide suf1icient protection for municipal owners in the event disputes arise conceniing workmanship,delay,payinent,and I or design related issues. ATTORNFY-CLIENT RELATIONSHIP Vpon execution of this Agreement,the City will be our client and an attorney-client relationship will exist between us for public improvement projects commenced in 2018 for v hich the City staff requests our assistance.Our services are limited to those contracted for in this letter and the City's execution of this Agreement will constitute an acknowledgement of those limitations.Our representation of the City and the attorney-client relationship established by this Agreement will be concluded upon payment of our final invoice. January 8,2018 Page 3 FEES We will continue to charge a flat fee of $1,800 per project for services rendered under this Agreemcnt.If we determine that an adjustment of our fee is necessary,we will advise you. Such adjustmcnt might be necessary in the event that unusual or unforeseen circumstances arise which require a signihcant increase in the services rendered,such as the rejection of all bids and thc need to re-bid,personal attendance at meetings or unexpected revision of the above referenced documents.Typically,personal attendance at Council meetings is not necessary in order to provide the services outlined above.We will,however,attend Council meetings in the event that circumstances require.hi addition to the flat fee quoted above,we will bill the City for all expenses incinzed on its behalf;such as photocopying,deliveries,and other related expenses.We estimate that such charges will not exceed $100.We will contact you prior to incurring expenses that exceed that amount. Our statement for services and expenses will be sent after the hearing on the plans, specifications,foun of contract and estimate of costs is held.Payment is due and payable within thirty (30)days ol'receipt of the invoice. If,for any reason,the City terminates the engagenient governed by this Agreement before a particular public improvement contract is awarded or,if a particular project is cancelled,we will bill the City for the services rendered as of the date of termination based on the hourly rates of those who provided services.The fee charged by the Firm for this representation will be based in part on the current hourly rate of the person performing the service at the time services are performed.We will also bill you for all expenses we have incuned as outlined above.My 2018 hourly rate is $290.I expect to involve an associate,Maria IJrownell,with these matters this year.Ms.13rownell's 2018 hourly rate is $210.Services performed on your behalf by legal assistants will be billed at $120 per hour.The Firm's billing rates are reviewed,and sometimes revised,annually in January.Accordingly,these rates are subject to change in January of each year and we expect to submit a new agreement for the Council's consideration annually at that time. RECORDS At the City's request,any documents furnished by the City will be returned promptly upon receipt of payment for outstanding fees and client charges.Our own files,including lawyer work product,pertaining to the above referenced project will be retained by us.For various reasons,including thc minimization of unnecessary storage expenses,we reserve the right to dispose of any documents or other material retained by us after the termination of this engagement. Januaty 8,2018 Page 4 APPROVAL Please carefully review the tenns and conditions of this Agreement.If this Agreement accurately reflects the terms of this particular engagement,please obtain approval by the city council,and execute,date and return to me the enclosed copy of this Agreement. Please retain the original for your tile. If you have questions regarding any aspect of the above or our representation,please do not hesitate to contact me.As always,we appreciate the opportunity to represent the City of Waukee and we look forward to working with you on the City's 2018 public improvement projects. Sincerely, AHLERS k COONEY,P.C. By atnes R.Wainwright cc:Jolu3 Gibson,Director of Public Works Rebecca D.Schuett,City Clerk Accepted and approved on be lf of thc City Council* By: '1'itic:Mayor Dated:01 J 5 ddt')5 A td t.ddt~ltd M tt IS Ojfs pp d d~l 2018, 0 144041 II-I u I 033 8-000