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Home My WebLink About2014-04-21-Resolutions 14-098_Public Improvement Proceedings Engagement AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 14-098 APPROVING AHLERS &COONEY,P.e.,ENGAGEMENT AGREEMENT,2014 PUBLIC IMPROVEMENT CONTRACT PROCEEDINGS IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA 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 connnenced in 2014;AND, WHEREAS,City staff finds the proposed flat fee of $1,800 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,2014 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 21 st day of April, 2014.~t&t.!..-£~~mF.Pegfd,ayor ' Attest:~p.JJkw4 Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X X NAY ABSENT ABSTAIN AHLERS &bCOONEY,PC. 100 COURT AVENUE,SUITE 600 DES MOINES,IOWA50309-2231 FAX:515-243-2149 WWW.AHLERSLAW.COM James R.Walhwright JwalnwrighL@ahLerslaw.com Direct Dial: 516,246.0319 February 24,2014 VIA E-MAIL AND REGULAR lvlAIL Mr.Tim Moerman City Administrator City of Waukee 230 W.Hickman Road' Waul,ee,U\50263 RE:Engagement Agreement -2014 Public Improvement Contract Proceedings Dear Tim: The pmpose of this Engagement Agreement ("Agrecment")is to disclose and memorialize the terms and conditions under which Ahlers &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 20J 4. SCOPE OF ENGAGEMENT When City staff requests that we prepare the necessary proceedings for Council action on public improvement projects in 20 14,we will perform the following services: 1.Review the engineer's Notice of Hearing and Letting for 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 Jetting)process; 4.Prepare Notices of Meetings and partial agendas . 5.Prepare proceedings and documents for initiation of the public improvement proj ect, including: a.Resolution ordering construction of certain public improvements,and fixing a date for hearing thereon and taking of bids therefor WISHARD lit BA1LY-1BBD,GUERNSEY/!'BAllY-llJ93:BAILY &STIPP -1901;STIPP.PERRY,BANNISTER Be STARZINGER-1914]BANNISTER,CARPENTER, AHLERS 8.COONEY -1951l,AlltERS.COONEY.DOflWEllER,ALLBEE.HAYNIE &SMITH -197/1:AHLERS,COONEY,DarNlEilER,HA'/NIE.SMITH &ALLBEE.P .c.-1 g90 February 24,2014 Mr.Tim Moerman 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 proj ect,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 01'more ofthe 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 ofthe 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 publication of the Notice of Hearing and Letting for each particular project. The standard form contracts commonly used for public improvement contracts and professional .consultant contracts do not provide sufficient protection for municipal owners in the event disputes arise concerning workmanship,delay,payment,and I 01'design related issues. ATTORNEY-CLIENT RELATIONSHIP Upon 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 2014 for which the City staff requests om 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. February 24,2014 Mr.Tim Moerman Page 3 FEES We will charge a flat fee of$I,800 per project for services rendered under this Agreement.Ifwe determine that an adjustment of our fee is necessary,we will advise you. Such adjustment might be necessary in the event that unusual or unforeseen circumstances arise which require a significant increase in the services rendered,such as the rej ection of all bids and the 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.In addition to the flat fee quoted above,we will bill the City for all expenses incurred on its behalf,such as photocopying,deliveries,and other related exp~.nses.Vie estimate that such charges willnot exceed $~-OO.Vie 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,form of contract and estimate of costs is held,Payment is due and payable within thirty (30)days of receipt of the invoice. If,for any reason,the City terminates the engagement 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 incurred as outlined above.My 2014 hourly rate is $250,Work performed by associates will be billed at $195.Services performed on your behalf by legal assistants will be billed at $100 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 fOTthe Council's consideration annually at that time. RECORDS At the City's request,ally documents furnished by the City win be returned promptly upon receipt of payment for outstanding fees and client charges.Om own files,including lawyer work product,pertaining to the above referenced proj ect will be retained by us.For various reasons,including the 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. February 24,2014 Mr.Tim Moerman Page 4 APPROVAL Please carefully review the terms 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 ofthis Agreement. Please retain the original for your file. If you have questions regarding any aspect ofthe 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 2014 public improvement projects. Sincerely, AHLERS &COONEY,P.C. BY/k~~ ~es~.Wainwright cc:Jolm Gibson,Director of Public Works Rebecca D.Schuett,City Clerk Accepted and approved on bc .If of the City Council * By: Title: .~~~~0p::£,~~---Dated: 2014. ~Il{,,---~O~q~B__approved on Jtpv1 \;-1,'i6 1'1 01002576-1\21938-000