18-R-08 - Expenditures with ford engineering Design & Environmental Services Pedestrain RoutesRESOLUTION NO. 18 -R -08
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH FORD
ENGINEERING INC. TOTALING NO MORE THAN $99,018 FOR
PROFESSIONAL ENGINEERING DESIGN & ENVIRONMENTAL
SERVICES FOR THE SCHERTZ PEDESTRIAN ROUTES & BIKE
LANES PROJECT.
WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City
requires professional services relating to engineering and design services for the Schertz
Pedestrian Routes & Bike Lanes Project; and
WHEREAS, City staff has determined that Ford Engineering 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 purposes; and
WHEREAS, Ford Engineering 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
contract with Ford Engineering pursuant to the On Call Engineering Project Agreement attached
hereto as Exhibit A (the "Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
logor;Y�
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Ford Engineering, in substantially the form set forth on Exhibit A,
totaling no more than $99,018 for professional engineering design services for design and
environmental services for the Schertz Pedestrian Routes & Bike Lanes Project.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 6"' day of February, 2018.
CITY OF TZ, TEXAS
ael R. Carpenter, Mayor
AT ST:
si
Brenda Dennis, City Secretary
(CITY SEAL)
50234811.1 A-1
r
STANDARD F'E NAL SERVICES AGREEMENT
THE STATE OF TEXAS §
GUADALUPE COUNTY §
This Professional Services Agreement ( "Agreement ") is made and entered by and between the
City of Schertz, Texas, (the "City ") a Texas municipality, and Ford Engineering, Inc.
( "Professional ").
Section 1. Duration.
This Agreement shall become effective upon execution by the City and shall remain in effect until
satisfactory completion of the Scope of Work unless terminated as provided for in this Agreement.
Section 2. Scope of Work.
(A) Professional shall perform the Services as more particularly described in the Scope of Work
attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes
the "Project". Unless otherwise provided in the Scope of Work, the anticipated submittal
of all Project deliverables is immediately upon completion of the Project.
(B) The Quality of Services provided under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent Professionals practicing in the
same or similar locality and under the same or similar circumstances and professional
license, and as expeditiously as is prudent considering the ordinary professional skill and
care of a competent Professional holding the same professional license.
(C) The Professional shall perform its Services for the Project in compliance with all statutory,
regulatory and contractual requirements now or hereafter in effect as may be applicable to
the rights and obligations set forth in the Agreement.
(D) The Professional may rely upon the accuracy of reports and surveys provided to it by the
City except when defects should have been apparent to a reasonably competent
professional or when it has actual notice of any defects in the reports and surveys.
Section 3. Compensation.
(A) The Professional shall be paid in the manner set forth in Exhibit `B" and as provided herein.
(B) Billing Period: The Professional may submit monthly, or less frequently, an invoice for
payment based on the estimated completion of the described tasks and approved work
schedule. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act "),
payment is due within thirty (30) days of the City's receipt of the Professional's invoice.
Interest on overdue payments shall be calculated in accordance with the Prompt Payment
Act.
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(C) Reimbursable Expenses: Any and all reimbursable expenses related to the Project shall be included in the
scope of services (Exhibit A) and accounted for in the total contract amount in Exhibit "B ". If these items
are not specifically accounted for in Exhibit A they shall be considered subsidiary to the total contract
amount.
Section 4. Changes to the Project Work; Additional Work.
(A) Changes to Work: Professional shall make such revisions to any work that has been completed as are
necessary to correct any errors or omissions as may appear in such work. If the City finds it necessary to make
changes to previously satisfactorily completed work or parts thereof, the Professional shall make such revisions
if requested and as directed by the City and such services will be considered as additional work and paid for as
specified under following paragraph.
(B) Additional Work: The City retains the right to make changes to the Scope of Work at any time by a written
order. Work that is clearly not within the general description of the Scope of Work and does not otherwise
constitute special services under this Agreement must be approved in writing by the City by supplemental
agreement before the additional work is undertaken by the Professional. If the Professional is of the opinion that
any work is beyond that contemplated in this Agreement and the Scope of Work governing the project and
therefore constitutes additional work, the Professional shall promptly notify the City of that opinion, in writing.
If the City agrees that such work does constitute additional work, then the City and the Professional shall execute
a supplemental agreement for the additional work and the City shall compensate the Professional for the additional
work on the basis of the rates contained in the Scope of Work. If the changes deduct from the extent of the Scope
of Work, the contract sum shall be adjusted accordingly. All such changes shall be executed under the conditions
of the original Agreement. Any work undertaken by Professional not previously approved as additional work
shall be at risk of the Professional.
Section 5. Time of Completion.
The prompt completion of the services under the Scope of Work is critical to the City. Unnecessary delays in
providing services under a Scope of Work shall be grounds for dismissal of the Professional and termination of
this Agreement without any or further liability to the City other than a prorated payment for necessary, timely,
and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in
either calendar days or by providing a final date, a time of completion prior to which the Professional shall have
completed all tasks and services described in the Scope of Work.
Section 6. Insurance.
Before commencing work under this Agreement, Professional shall obtain and maintain the liability insurance
provided for in attached Exhibit C throughout the term of this Agreement and thereafter as required herein.
In addition to the insurance provided for in Exhibit C, Professional shall maintain the following limits and types
of insurance:
Professional Liability Insurance: professional errors and omissions liability insurance with limits of liability not less
than $1,000,000 per occurrence covering all work performed by the Professional, its employees, sub - contractors, or
independent contractors. If this coverage can only be obtained on a "claims made" basis, the certificate of insurance
must clearly state coverage is on a "claims made" basis and coverage must remain in effect for at least two years after
final payment with the Professional continuing to furnish the City certificates of insurance.
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Workers Compensation hlsurance: The Professional shall carry and maintain during the term of this Agreement,
workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the
Professional's employees carrying out the work involved in this contract.
General Liability Insurance: The Professional shall carry and maintain during the term of this Agreement, general
liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence
and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a
minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This
coverage shall protect the public or any person from injury or property damages sustained by reason of the
Professional or its employees carrying out the work involved in this Agreement. The general aggregate shall be
no less than $2,000,000.
Automobile Liability Insurance: Professional shall carry and maintain during the term of this Agreement,
automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury
and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and
$1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor
vehicles used in the performance of this contract by the Professional or its employees.
Subcontractor: In the case of any work sublet, the Professional shall require subcontractor and independent
contractors working under the direction of either the Professional or a subcontractor to carry and maintain the
same workers compensation and liability insurance required of the Professional.
Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable insurance
company licensed to do business in the State of Texas and currently rated "B +" or better by the A.M. Best
Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form.
Evidence of such insurance shall be attached as Exhibit "D ".
Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance
requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be
construed as a waiver of Insured's obligation to maintain such insurance.
Section 7. Miscellaneous Provisions.
(A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or any
Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which
approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement
and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall
not relieve the Professional of any responsibility for work done by such subcontractor.
(B) Ownership of Documents. Upon completion or termination of this Agreement, all documents prepared by the
Professional or furnished to the Professional by the City shall be delivered to and become the property of the City.
All drawings, charts, calculations, plans, specifications and other data, including electronic files and raw data,
prepared under or pursuant to this Agreement shall be made available, upon request, to the City without restriction
or limitation on the further use of such materials PROVIDED, HOWEVER, THAT SUCH MATERIALS ARE
NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY THE CITY OR OTHERS. ANY
REUSE WITHOUT PRIOR VERIFICATION OR ADAPTATION BY THE PROFESSIONAL FOR THE
SPECIFIC PURPOSE INTENDED WILL BE AT THE CITY'S SOLE RISK AND WITHOUT LIABILITY TO
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THE PROFESSIONAL. Where applicable, Professional shall retain all pre - existing proprietary rights in the
materials provided to the City but shall grant to the City a non - exclusive, perpetual, royalty -free license to use
such proprietary information solely for the purposes for which the information was provided. The Professional
may, at Professional's expense, have copies made of the documents or any other data furnished to the City under
or pursuant to this Agreement.
(C) Professional's Seal. To the extent that the Professional has a professional seal it shall placed on all documents
and data furnished by the Professional to the City. All work and services provided under this Agreement will be
perfonned in a good and workmanlike fashion and shall conform to the accepted standards and practices of the
Professional's industry. The plans, specifications and data provided by Professional shall be adequate and
sufficient to enable those performing the actual work to perform the work as and within the time contemplated by
the City and Professional. The City acknowledges that Professional has no control over the methods or means of
work nor the costs of labor, materials or equipment. Unless otherwise agreed in writing, any estimates of costs
by the Professional are for informational purposes only and are not guarantees.
(D) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies
in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation
laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When
required, the Professional shall furnish the City with satisfactory proof of compliance.
(E) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the
City and is not an employee, agent, official or representative of the City. Professional shall not represent, either
expressly or through implication, that Professional is an employee, agent, official or representative of the City.
Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the
Professional.
(F) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid,
nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any
person as an inducement to or in order to obtain the work to be provided to the City under this Agreement.
Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other
consideration from any person (other than from the City pursuant to this Agreement) for any of the services
performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or
other consideration is received by or offered to Professional, Professional shall immediately report that fact to the
City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value
of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to
this Agreement.
(G) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is
delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances
may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other
casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation,
severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums
or regulations or actions by governmental authorities), the time for such performance shall be extended by the
amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The
parry claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written
notice of the commencement of any such delay resulting from such force majeure event not later than seven (7)
days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other
party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be
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aware of such force majeure event, the claiming parry shall not be entitled to avail itself of the provisions for the
extension of performance contained in this subsection.
(H) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope
of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of
services, fee schedule, and contract time only and shall not dictate Agreement terns.
(I) The City of Schertz may not enter into a contract with a company for goods and services unless the contract
contains a written verification from the company that; (i) it does not Boycott Israel; and (ii) will not Boycott Israel
during the term of the contract. (Texas Government Code chapter 2270) by accepting this purchase order, the
vendor (Professional or other applicable term defining the contracting parry) verifies that it does not Boycott
Israel, and agrees that during the term of this agreement (contract as applicable) will not Boycott Israel as that
term is defined in the Texas Government Code Section 808.001, as amended.
Relevant definitions from the bill:
"Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned
subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that
exists to make a profit.
"Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action
that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or
with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action
made for ordinary business purposes.
Section S. Termination.
(A) This Agreement may be terminated:
(1) By the mutual agreement and consent of both Professional and City;
(2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this
Agreement or a Scope of Work issued under this Agreement;
(3) By the City, immediately upon notice in writing to the Professional, as consequence of the failure of
Professional to perform the services contemplated by this Agreement in a timely or satisfactory
manner;
(4) By the City, at will and without cause upon not less than thirty (30) days written notice to the
Professional.
(B) If the City terminates this Agreement pursuant to Section 5 or subsection 8(A)(2) or (3), above, the
Professional shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable
expenses then due and payable as of the time of termination and only then for those services that have
been timely and adequately performed by the Professional considering the actual costs incurred by the
Professional in performing work to date of termination, the value of the work that is nonetheless usable to
the City, the cost to the City of employing another Professional to complete the work required and the
time required to do so, and other factors that affect the value to the City of the work performed at time of
termination. In the event of termination that is not the fault of the Professional, the Professional shall be
Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 5
compensated for all basic, special, and additional services actually performed prior to termination,
together with any reimbursable expenses then due.
Section 9. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all
of its present, future and former agents, employees, officials and representatives harmless in their official,
individual and representative capacities from any and all claims, demands, causes of action, judgments,
liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages
(whether common law or statutory), costs and damages (whether common law or statutory, and whether
actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons
(including death) or to property (both real and personal) created by, arising from or in any manner relating
to the services or goods performed or provided by Professional — expressly including those arising through
strict liability or under the constitutions of the United States or Texas — BUT ONLY TO THE EXTENT
ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS
APPLICABLE.
Section 10. Notices. Any notice required or desired to be given from one party to the other party to this
Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether
actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official
depository under the regular care and custody of the United States Postal Service located within the confines of
the United States of America and sent by certified mail, return receipt requested, and addressed to such party at
the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either parry may
designate another address within the confines of the continental United States of America for notice, but until
written notice of such change is actually received by the other party, the last address of such party designated for
notice shall remain such party's address for notice.
Section 11. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement
without the prior written consent of the other party.
Section 12. Severability. If any term or provision of this Agreement is held to be illegal, invalid or
unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall
not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be
added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the
term or provision declared illegal, invalid or unenforceable.
Section 13. Waiver. Either City or the Professional shall have the right to waive any requirement contained in
this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such
waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended.
No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a
waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a
different type of breach or violation.
Section 14. Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be
governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of
this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out
of this Agreement shall be in Guadalupe County, Texas.
Section 15. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for
convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs
hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement
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shall not be construed either more or less strongly against or for either party.
Section 16. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal
representatives, successors and assigns.
Section 17. Gender. Within this Agreement, words of any gender shall be held and construed to include any
other gender, and words in the singular number shall be held and construed to include the plural, unless the context
otherwise requires.
Section 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, and all of which shall constitute but one and the same instrument.
Section 19. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
Section 20. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement
between the parties and supersedes any and all prior agreements, arrangements or understandings between the
parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to
the terms of this Agreement exist. This Agreement cannot be changed or terminated orally.
Section 21. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the
parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint
venture or of any association whatsoever between the parties, it being expressly understood and agreed that no
provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any
relationship between the parties other than the relationship of independent parties contracting with each other
solely for the purpose of effecting the provisions of this Agreement.
23. Dispute Resolution. In accordance with the provisions of Subchapter 1, Chapter 271, TEx. LOCAL Gov'T
CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this
agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice
substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party,
which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after
receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the
dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party
shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in
person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the
parties shall each appoint a person from the highest tier of managerial responsibility within each respective party,
who shall then promptly meet, in person, in an effort to resolve the dispute.
24. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire. Professional
represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the
Texas Local Government Code.
Certificate of Interested Parties
Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908,
Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all
contracts with private business entities requiring approval by the Schertz City Council will require the on -line
completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract
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amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas
Ethics Commission using the online filing application.
Please visit the State of Texas Ethics Commission website,
https:// www.ethics.state.tx.us /whatsnew /elf info forml295.htm and https://wwvv.ethics.state.tx.us/tec/1295-
lnfo.htm for more information.
IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL
COUNSEL. COMPLIANCE IS THE INDWIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF
A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176
IS A CLASS C MISDEMEANOR.
25. Non - Boycott of Israel.
The City of Schertz may not enter into a contract with a company for goods and services unless the contract
contains a written verification from the company that; (i) it does not Boycott Israel; and (ii) will not Boycott Israel
during the term of the contract. (Texas Government Code chapter 2270) by accepting this Contract, the vendor
(Professional or other applicable term defining the contracting party) verifies that it does not Boycott Israel, and
agrees that during the term of this agreement (contract as applicable) will not Boycott Israel as that term is defined
in the Texas Government Code Section 808.001, as amended.
Relevant definitions from the bill:
"Company" means a for - profit sole proprietorship, organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned
subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that
exists to make a profit.
'Boycott Israel' means refusing to deal with, terminating business activities with, or otherwise taking any action
that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or
with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action
made for ordinary business purposes.
[The remainder of this page is intentionally left blank.]
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EXECUTED on this the day of
CITY:
L-In
Name: John C. Kessel
Title: City Manager
FROM) IMMIST"MIA-m-A
CITY:
City of Schertz
Attn: John C. Kessel, City Manager
1400 Schertz Parkway
Schertz, Texas 78154
With a copy to:
City Attorney
City of Schertz, Texas
Attn: Charles E. Zech
2517 N. Main Avenue
San Antonio, Texas 78212
, 2018.
PROFESSIONAL:
By: 2*Z
Name: Mark B. Hill, P.E.
Title: President
PROFESSIONAL:
Ford Engineering, Inc.
10927 Wye Drive, Suite 104
San Antonio, Texas 78217
210 -590 -4777
mark @fordengineering.com
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IMM •
Pro' ect
Schertz Pedestrian Routes and Bike Lanes Project
Location
Off -road trail along electrical easement between Schertz Parkway and Wiederstein Road (at Forest Ridge Park)
and sidewalks along Live Oak Road between Schertz Parkway and FM 3009.
Basic Services Scope of Work
The design of the bike lanes shall comply with AASHTO's Guide for the Development of Bicycles Facilities, the
City's Master Thoroughfare Plan Policy Document, and follow the requirements of Local Government Project
Procedures, and Advanced Funding Agreement documents as provided by the City.
The project includes a hike and bike trail following the electrical easements from Schertz Parkway to Wiederstein
Road at Forest Ridge Park comprised of pervious material, and new pedestrian and bike access along E. Live Oak
Road.
The establishment of new bike lanes and the updating of existing bike lane pavement markings and signage along
Savannah Drive from the west city limit to FM 3009, and the establishment of new bike lanes and the updating
of existing bike lane pavement markings and signage along Woodland Oaks Drive from Schertz Parkway to FM
3009 is not considered to be within this scope of work of this agreement and will be provided by others.
Preliminary Engineering and Design (Phases 1 -4):
The Professional shall provide the following services during this phase:
1. Attend Design Summary Conference
2. Prepare a Design Summary Conference report.
3. Provide a topographic survey for pervious hike and bike trail to Forest Ridge Park for the proposed
length of trail and width of existing easements including identification of:
a. existing utilities,
b. existing curbs,
c. sidewalks,
d. pavement edges,
e. signage,
f. fences,
g. trees and
h. other items as necessary
4. Provide a topographic survey for East Live Oak Road for the proposed length of each street including
identification of:
a. surface utilities,
b. existing curbs,
c. sidewalks,
d. edges of pavement,
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e. signage,
f. driveways and
g. approximate property corners.
5. Provide required environmental review for the project in compliance with TXDOT and Federal Highway
Administration regulations and procedures regarding the National Environmental Policy Act (NEPA).
6. Professional shall prepare a Project Scope to be reviewed by TxDOT and request a Classification Letter
for the project with the assumption that the project can be classified as a Blanket Categorical Exclusion
(BCE) level of review, per the Programmatic Agreement (PA) for the Review and Approval of NEPA
Categorically Excluded Transportation Projects between the FHWA -Texas Division and the TxDOT PA.
The environmental review noted in Scope sections 5 and 6 shall include the following numbered tasks:
Task 1: Classify the Level of Review
Task 2: Gather Preliminary Project Information
Task 3: Evaluate Specific Areas of Environmental Concern such as:
Socioeconomics, Section 4(f) Resources, Air Quality, Biological Resources, Water Quality,
Noise, Hazardous Materials, Indirect and Cumulative Impacts
Task 4: Archeological & Historical Services
Task 5: Attend Project or Public Meetings
Task 6: Trimble Rental, field equipment
Task 7: Administrative Costs
Task 8: Transportation Cost
Task 9: Categorical Exclusion Report
7. Professional shall prepare the project schematic and layout with typical sections, and scaled plans and
submit for a TDLR registration number on behalf of the City.
Professional shall prepare a preliminary construction estimate, preliminary schedule, a utility conflict
matrix, the Design Summary Report, the DDRT checklist, a preliminary schedule, Form 1002, and attend
the DDRT.
Plans Specifications and Estimates Phases:
Professional shall prepare the project construction plans in compliance with TXDOT standards, the LGPP, the
AASHTO design standards for bicycle, and City standards.
Plans shall include:
1. all typical sections, and scaled plans, and details,
2. temporary traffic control,
3. pedestrian detour plans and
4. anticipated detail for flashing pedestrian crossing signals at Wiederstein Road.
Professional shall develop necessary storm water pollution prevention plans and the environmental permits,
issues, and commitment plans at TXDOT recommended interim reviews at 30% and 60 %.
Professional shall prepare the specifications and bid documents per the anticipated TXDOT 2014 Standard
Specification, and TXDOT material requirements.
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Final Specifications shall be prepared for bid, and include the documents, forms 1002, 2229, list of governing
specifications, a completed Division LG Checklist, a contract time determination summary, the master general
notes in word format, and all other required documents.
TxDOT has specific documentation that is required in their bid documents. Professional shall coordinate with the
City of Schertz Purchasing department to ensure that required TXDOT specific documentation is prepared for use
within the solicitation documents.
Professional shall utilize a registered accessibility specialist (RAS) for TDLR compliance.
Professional shall submit for a TDLR registration number.
Professional shall submit all documentation to TXDOT and obtain a Letter of Authorization, prior to be proceeding
to bid phase.
Bid Phase:
The Professional shall provide the following services during this phase:
1. Professional shall aid in the bidding process including answering contractor questions and issuing of
addendums.
2. Professional shall have a representative available for pre -bid and bid opening meetings with the City of
Schertz.
3. Perform a onetime re- establishment of benchmarks for the East Live Oak and the trail to Forest Ridge
Park.
4. Upon receipt of bid proposals, Professional shall:
a. provide a tabulation of bid,
b. call three references of the recommended respondent,
c. provide the City and TXDOT with a recommendation of award.
Construction Phase:
The Professional shall provide the following services during this phase:
Attend a TXDOT workshop with the City prior to proceeding to the Construction Engineering and
Inspections (CE &I) phase of the project.
Related Services not included within the Basic Scope of Services:
The following related tasks are not included with the basic scope of services. These services will be obtained
separately by City. Additional City requested work of the Professional may require an additional task request.
Any such requests shall require an amendment to this agreement and may require Council approval for funding
and authorization. No additional work may be authorized without written approval to amend the agreement.
1. Discovery and investigation of archeological site about 1,000 square meters in extent, not including
curation.
2. Field documentation and initial assessment for non - archeological cultural resources (NACR)
3. Cost to complete and submit a TxDOT Standards of Uniformity (SOU) cultural resource survey and
Texas Antiquities Permit (TAP) application
4. Archeologist and Historian attendance in a project or a public meeting.
5. Coordination with TXDOT or FHWA regarding comments or revisions to the report document.
6. Construction survey and staking.
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7. Construction Engineering and Inspection (CE &I) services.
1�- Yr7RIi i' M
Phase Calendar Days
Environmental Engineering, performed concurrently with Design Phase 91
30% Design 30
60% Design 30
90% Design 30
PSE and Bid Phase 170
Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 13
Exhibit "B"
COMPENSATION
LUMP SUM BY PHASE PAYMENT METHOD FOR BASIC SERVICES
AND A NOT TO EXCEED AMOUNT FOR SUPPLEMENTAL SERVICES
1.1 Compensation for all fees, costs, expenses and services defined by this Contract shall be compensated at
a Not -To- Exceed amount of $ 99,018.00.00 — Ninety -Nine Thousand, Eighteen Dollars and No Cents, including
expenses (the "Contract Price "), and it is agreed and understood that this amount, when earned, will constitute
full compensation to the Professional.
1.2 This Contract Price is the sum of the phases as provided for by the Tasks detailed in the following
schedule of values:
PHASE
Hourly Rate
AMOUNT
Task I —
Environmental Engineering
$25,385.00
Task 2 —
30% Design Phase
$ 32,733.00
Task 3 —
60% Design Phase
$ 18,790.00
Task 4 —
90% Design Phase
$ 5,560.00
Task 5 —
Bidding Phase
$ 13,950.00
Total Basic Services
$ 99.018.00
1.3 Basic Design Services
The portion of the Contract Price allocated for Basic Design Services as provided for in Exhibit A shall be the
lump sum amount of $ 99,018.00 — Ninety -Nine Thousand, Eighteen Dollars and No Cents.
1.4 Supplemental Services
No supplemental services have been allowed for in this Contract. Agreement.
1.5 For the purpose of establishing costs to the City of Schertz for any negotiated supplemental services
payable on an hourly rate basis authorized in writing by the City of Schertz, the following Hourly Billing Rate
Table of the fees shall apply:
Billing Rate Table
Discipline
Hourly Rate
Principal
$200.00
Senior Civil Engineer (PE)
$165.00
Civil Engineer (PE)
$150.00
Engineer -in- Training
$ 90.00
Clerical Staff
$ 65.00
Registered Professional Land Surveyor
$150.00
Survey Technician
$ 85.00
3- Person Survey Crew
$165.00
Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 14
Exhibit "C"
REQUIREMENTS FOR ALL INSURANCE DOCUMENTS
The Professional shall comply with each and every condition contained herein. The Professional shall provide and maintain
the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired
by the Professional shall maintain insurance coverage equal to that required of the Professional. It is the responsibility of
the Professional to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the
conduct, or lack of conduct, of the Subcontractor.
INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT
With reference to the foregoing insurance requirements, Professional shall specifically endorse applicable insurance policies
as follows:
1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile
Liability on a separate endorsement.
2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all
liability policies and must be provided on a separate endorsement.
3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days
written notice prior to cancellation or non - renewal of the insurance.
4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary
and non - contributory coverage regardless of the application of other insurance.
5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements
cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above.
6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any
material change in the insurance coverage.
7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions.
8. Required limits may be satisfied by any combination of primary and umbrella liability insurances.
9. Professional may maintain reasonable and customary deductibles, subject to approval by The City of Schertz.
10. Insurance must be purchased from insurers having a minimum AmBest rating of B +.
11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD
25 2010/05). Coverage must be written on an occurrence form.
12. Contractual Liability must be maintained covering the Professionals obligations contained in the contract.
Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall
contain provisions representing and warranting all endorsements and insurance coverages according to requirements
and instructions contained herein.
13. Upon request, Professional shall furnish The City of Schertz with certified copies of all insurance policies.
14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City
of Schertz within ten (10) business days after contract award and prior to starting any work by the successful
Professional's insurance agent of record or insurance company. Also, prior to the start of any work and at the same
time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified
in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements
shall be sent to:
City of Schertz emailed to: purchasineaschertz com
Purchasing Department Faxed to: 210 - 619 -1169
1400 Schertz Parkway
Schertz, TX 78154
Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 15
CERTIFIGKrE O1' LIABILI l Y INSURANCE
THIS CIIRWICATfl IS ISSUED AS A IAA77E0 OP INFORMATION ONLY AND CONFERS NO RIONTO UPON Ttis OQRTIPIQATR HOLDER. THIS
0114TI %SCAT!! DOES NOT AFFIR6IAT1VL'LY OR PlOGA11VOLY A61CIiD, SXTCND ALTER TITS COVBRAOE AFFORDED BY THE POLICIES
DELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT DCTWECN THU 1$$UINQ IySURER(S), AUT110RIZED
RSPAIISENTATIVE OR PRODUOER, AND TIIE OERTIFIOATE HOLDER.
IMPORTANT. lithe cotMato ho11tar is an ADDITIONAL INSURUD, tho paltCypos) mast ho Outlets" 11 GUER00ATIOF IS WAIV80, a"of to live
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CERTIFICATE 111OLDFIR CANOES t 4 __ R
SHOULD ANY OP IKII ABOV11 DRODEJOEO P0LV la$ 9a OAHOeLL(1D DCFOnq
City of Schertz Tins I)ANATW I nATH IIIEREOP, HO 13- LSTLL Iris [TELTYETLED '1N
Y ACC0IIDANCGiWTH i116 POLIDY I Il4YI8i0NS,
1400 Schema Parkway
Selteitz, Tx 78154 Au1LmRamonieruaelrrrnY6
Attn: Purchasing Dept. S
A.UTIIORIZED 81014ATURE REOUIREOIfERG
- - - -- - U 148¢ -2014 ACORD CORPORATION. All rights rocomod.
AGOrll17.0 (201 8106) T14a AODRU Banta and (pgo nip raglatorad nlnika pT ACORD
Ford AAMPO Final 20180122.doex Ford Engineering, Inc. Page 16
Complete the certificate of insurance with the information listed below:
A) Certificate of Insurance date
B) Producer (Insurance Agency) Infonmation — complete name, address, telephone information, & emaiI address.
C) Insured's (Insurance Policy Holder) Information — complete name & address information
D) Insurer (name /names of insurance company) "(Remember the city requires all insurance companies to be
Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or
higher) or otherwise be acceptable to the City if not rated by A.M. Best)
E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance
companies)
F) Insurer letter represents which insurance company provides which type of coverage from D
G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in
the box (occurrence policy preferred but claims made policy can be accepted with special approval)
H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Professional
Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived.
1) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos
J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract
and in accordance with the contract value.
K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the
certificate of insurance form (if applicable).
L) Builder's Risk Policy — for construction projects as designated by the City of Schertz.
Professional Liability Coverage — for professional services if required by the City of Schertz.
M) Insurance Policy #'s
N) Insurance policy effective dates (always check for current dates)
O) Insurance Policy limits (See Insurance Requirements Checklist)
P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies)
must be provided separately and not in this section. The following endorsements are required by the City of Schertz.
(1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for
professional liability and workers compensation insurance; and
(2) Waiver of Subrogation
(3) Primary and Non - Contributory
(4) Cancellation Notice
Q) City of Schertz's name and address information must be listed in this section
R) Notice of cancellation, non- renewal, or material change to the insurance policy(ies) must be provided to the City of
Schertz in accordance with a cancellation notice endorsement to the policy and /or per the policy provisions based
on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code)
S) The certificate must be signed by the Authorized Agent in this section of the certificate form.
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