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15-R-21 - Professional Services Agreement with Lockwood, Andrews & Newnam - Woodland Oaks Retaining WallRESOLUTION NO. 15 -R -21 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH LOCKWOOD, ANDREWS & NEWNAM, INC., RELATING TO ENGINEERING DESIGN SERVICES FOR THE WOODLAND OAKS RETAINING WALL, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City requires professional services relating to engineering services and design services for the Woodland Oaks Retaining Wall Project, which includes the removal and replacement of the approximately 300 - linear foot of retaining wall located at the edge of the right of way on the northeast corner of the intersection of Woodland Oaks Drive and Woodbridge Way; and WHEREAS, City staff has determined that Lockwood, Andrews & Newnam, Inc., (LAN), is qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4) of the Texas Local Government Code, the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning services; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with LAN pursuant to the Engineering Services Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with LAN in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10th day of March, 2015. CITY OF SCHERTZ, TEXAS 4�� M del R. Carpenter, Mayor fAT-� -EST: Brenda Dennis, City Secretary (CITY SEAL) ENGINEERING SERVICES AGREEMENT 50077397.1 A -1