HomeMy WebLinkAbout2021-02-16-I02B 2021 Ahlers Scope of EngagementAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: February 16, 2021
AGENDA ITEM:Consideration of approval of a resolution approving Ahlers & Cooney,
P.C., Engagement Agreement, 2021 Public Improvement Contract
Proceedings
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$1,800.00 per project
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff recommends approval of the agreement.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Scope of Engagement
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I2B
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
APPROVING AHLERS & COONEY, P.C., ENGAGEMENT AGREEMENT,
2021 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 commenced in 2021; 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, 2021 Public Improvement Contract
Proceedings, is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 16th day of February,
2021.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
Ahlers & Cooney, P.C.
Attorneys at Law
100 Court Avenue, Suite 600
Des Moines, Iowa 50309-2231
Phone: 515-243-7611
Fax: 515-243-2149
www.ahlerslaw.com
Maria E. Brownell
515.246.0322
mbrownell@ahlerslaw.com
WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER,
AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990
February 2, 2021
VIA E-MAIL AND REGULAR MAIL
Mr. Tim Moerman
City Administrator
City of Waukee
230 W. Hickman Road
Waukee, IA 50263
RE: Engagement Agreement - 2021 Public Improvement Contract Proceedings
Dear Tim:
The purpose of this Engagement Agreement ("Agreement") 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 2021.
SCOPE OF ENGAGEMENT
When City staff requests that we prepare the necessary proceedings for Council action on
public improvement projects in 2021, we will perform the following services:
1. Review the engineer’s Notice of Public Hearing and Notice to Bidders 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 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
February 2, 2021
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 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 / 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 2021 for
which 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.
February 2, 2021
Page 3
FEES
We will continue to charge a flat fee of $1,800 per project for services rendered under
this Agreement. If we 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 rejection 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
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 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
2021 hourly rate is $245. Services performed on your behalf by legal assistants will be billed at
$125 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 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 2, 2021
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 of this Agreement.
Please retain the original for your file.
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 2021 public improvement
projects.
Very truly yours,
AHLERS & COONEY, P.C.
/s/ Maria Brownell
Maria E. Brownell
MEB:aes
cc: Rudy Koester, Director of Public Works
Rebecca D. Schuett, City Clerk
Accepted and approved on behalf of the City Council*
By: _____________________________ Dated: _________________________
Title: Mayor
*Authorized by Resolution \ Motion ______________ approved on ____________________,
2021.
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