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Home My WebLink About2018-01-15-J01D 2018 Ahlers Scope of EngagementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: January 15, 2018 AGENDA ITEM:Consideration of approval of approval of a resolution approving Ahlers & Cooney, P.C., Engagement Agreement, 2018 Public Improvement Contract Proceedings FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$1,800.00 flat rate fee COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff has reviewed the Engagement Agreement for 2018 Public Improvement Contract Proceedings, presented by Ahlers & Cooney PC, and 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: J1D THE CITY OF WAUKEE, IOWA RESOLUTION 18- APPROVING AHLERS & COONEY, P.C., ENGAGEMENT AGREEMENT, 2018 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 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 15th day of Janjuary, 2018. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Courtney Clarke Shelly Hughes Larry R. Lyon AqLEREI trouNEY Ahlers & Gooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, lowa 50309-2231 Phone: 515-243-7611 Fax:. 515-243-2149 wunry.ahlerslaw.com James R. Wainwright 515.246.0319 jwainwright@ahlerslaw.com ATTtrRNEYS January 8,2018 VIA E-MAIL AND REGULAR MAIL Mr. Tim Moerman City Administrator City of Waukee 230 W. Hickman Road Waukee, IA 50263 RE: Engagement Agreement - 2018 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 2018. SCOPE OF ENGAGEMENT When City staff requests that we prepare the necessary proceedings for Council action on public improvement projects in20l8, we will perform the following services: 1. Review the engineer's Notice of Public Hearing and Notice to Bidders for compliance with Iowalaw; 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 WISHARD&BAtLy-1888;GuERNsEy&Bnrrv-1893;BArLy&Srrpp-1901;STrpp,PERRY,BANNrsrER&SreRztrucen-1914;BANNISTER,CARPENTER, AHLERS & CooNEy - 1950; AHLERS, CooNEy, DoRWETLER, ALLBEE, HAYNTE & SM|TH - 1974; AHLERS, CooNEy, DoRWETLER, HAyNrE, SMrrH & ALLBEE, P.C. - 1990 January 8,2018 Page2 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 I 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 puhlic improvement projects commenced in 2018 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. January 8,2018 Page 3 F'EES We will continue to charge a flat fee of $ 1,800 per project for services rendered under this Agreement. If we determine thatan 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 aparticular 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 2018 hourly rate is $290. I expect to involve an associate, Maria Brownell, with these matters this year. Ms. Brownell'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 atthat 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 January 8,2018 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 counciln and execute, date and return to me the enclosed copy of this Agreement. Please retain the original for your file. Ifyou 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 2018 public improvement projects. Sincerely, AHLERS & COONEY, P.C. By John Gibson, 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 2018. 0144041 8-1\2 1938-000 R. Wainwright cc approved on