18-R-67 - Amendment to the Professional Services Agreement with Cobb Fendley & AssociatesRESOLUTION NO. 18 -R -67
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH COBB, FENDLEY &
ASSOCIATES, INC., RELATING TO ENGINEERING DESIGN
SERVICES FOR THE WOMAN HOLLERING CREEK WASTEWATER
LINE PROJECT, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City
requires additional professional services relating to engineering and design services for the
Woman Hollering Creek Wastewater Line Project that are not included in the original project
agreement; and
WHEREAS, City staff has determined that Cobb, Fendley & Associates, Inc., is qualified
to provide such services for the City; and
WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or
proposals with respect to a procurement for personal, professional, or planning purposes; and
WHEREAS, Cobb, Fendley & Associates, Inc., is an approved On -Call Engineering
Service for the City of Schertz; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
amend the contract with Cobb, Fendley & Associates, Inc., pursuant to the On Call Engineering
Project Agreement attached hereto as Exhibit A (the "Agreement ") for an amount of
$125,481.27.
WHEREAS, the City Council authorizes City Staff to expend up to an additional $50,000
on further amendments to the Project Agreement, if needed.
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 Amendment to the Agreement with Cobb, Fendley & Associates, Inc., in substantially
the form set forth on Exhibit A and to execute further Amendments as necessary not to exceed an
additional expenditure amount of $50,000.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 12th day of June, 2018.
CITY OF SCHF4RTZ, TEXAS
Carpenter, Mayor
ATTEST:
Bred a Dennis, City Secretary
(CITY SEAL)
EXHIBIT A.
ON CALL ENGINEERING PROJECT AGREEMENT
A -1