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Home My WebLink About2015-02-02-Resolutions 15-041_Bond Counsel Engagement AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 15-041 APPROVING AHLKRS 4 COONKY,P.C.,ENGAGEMENT AGRKKMKNT,2015 PUBLIC IMPROVEMENT CONTRACT PROCEEDINGS IN THE NAlME AND BY THE A UTHOMTY OF THE CITY OF IVA USE,IOS'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, %HKRKAS,City bond counsel Ahlers k Cooney,P.C.„proposes an Engagement Agreement in connection with the preparation of the necessary contract proceedings for public improvement projects connnenced in 2015;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 BK IT RESOLVED by the City Council of the City of Waukee that the Alders k Cooney,P.C.,Engagement Agreement,2015 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 2"day of February, 2015. &ilia F.Peard,M or Attest; Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYK X X X X X NAY ABSENT ABSTAIN AHLERS,c$CQQNEY,P.I 100 CQURT AvENUE,SUITE 600 DES IVIQINES,IowA 50309-2231 FAx:515-243-2149 WWW.AHLERSLAW.COM James R.Wainwright Jwatnwright@ahterstaw.corn Direct Dial: 515.244.0319 January 29,2015 V1A E-lI&lA1L AND REGULAR AlAIL Mr.Tim Moerinan City Administrator City of Waukee 230 W.IIiclunan Road Waukee,IA 50263 RE:Engagement Agreement —2015 Public improvement Contract Proceedings Dear Tim; The purpose of this Engagement Agreement (NAgreementn)is to disclose and memorialize the terms and conditions under wliich Ahlers 0 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 coirurienced in 2015. SCOPE OI&"KÃCAGKMKNT When City staff requests that we prepare the necessary proceedings for Council action on public improvement projects in 2015,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 tliroughout the public improvement conti'act (bidding and letting)process; 4,Prepare Notices of Meetings and partial agendas 5.Prepare proceedings and documents for initiation of the public iinprovement project, including: a.Resolution ordering construction of certain public improvements,and fixing a date for hearing thereon and taking of bids therefor WISHARO 8 BAlLY -1888i GUERNSEYS GAILY -1893PBAILY lt SIIPP -1901:STIPP.FERRY.BANNISTER tL STARZINOER -1914n BANNISTER,CARPENTER, AHLERs IL CaoNEY-1950:ANLERS,Coo NEv.DonwEILER.ALLREE,HAvNIE 8 San TR -1974:ARLERS,Coonnv.DonwEILER,HAvto,SNirn 8,ALLREE,F C.-1990 January 29,2015 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 estnnated total cost of the public improvement proj ect,including: a.Resolution.adopting plans,specifications,form of contract and estimated cost b.Resolution malang award of contract c.Resolution approving contract and bond. 7,Prepare proceedings to be used upon completion of the public improvement project, mclucl111g; a.Resolution accepting public improvements Qur duties rudder 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 publica'tion of the ls otice of Hearing and Letting for each particu'lar project. The standard form contracts conunonly used for public improvement contracts and professional consultant contracts do not provide sufficient protection for municipal owners in the event disputes arise co~cerning worlaiianship,delay,payment,and /or 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 2015 for which the City staff requests our assistance.Qur services are limited to those contracted for in this letter and the City's execution of tins Agreement will constitute an acluiowledgement 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 29,2015 Ml'.T1H1 MOCInlan Page 3 FEES We will charge a flat fee of $1,800 per project for services rendered under this Agreement,If we deternnne that an adjustment of our fee is necessary,wc will advise you. Such adjustlnent might be necessary in the event that unusual or unforeseen circumstances arise which require a significant increase in the services rendered,such as the rejection of all bids and the need to re-bid,personal attendance at meetings or unexpected revision of the above referenced dociunents.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 circun1stances require.In addition to the fiat fee quoted above,we will bill the City for all expenses incurred on ifs 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,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 engagen1ent 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 Firn'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 incurved as outlined above,My 2015 hourly rate is $265,Work performed by associates will be billed at $200.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 for the Council's consideration annually at that time. RE&CORDS 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 the minimization of unnecessary storage expenses,we reserve the right to dispose of any documents or other material retained by us after the term~ation of this cngagenlcnt. January 29,2015 Mr.Tim Moerman Page 4 APPROVAL Please carefully review the terms and conditions of this Agreement.If this A.greement 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 A.greement. Please retain the original for your file, If you have questions regarding any aspect of the above or our representntion,please do not hesitate to contact me.As always,we appreciate the opporhu~ity to represent the City of Waulcee and we look forward to working with you on the City's 2015 public improvement proJ ects. Sincerely, AHLERS &.COONEY,P.C. ames R.Wainwrigh cc;Jolm Gibson,Director of Public Works Rebeccn D.Schuett,City Clerk Accepted nnd approved on behalf of the City Council"' By:Dated:OP Gk 90 l~ rAuthorizedhy~esolutio iMotion 1ro dr 11 2015. approved on 0@ 01082141-1Q1938-000