19-R-132 Additional Expenditures with Ford Engineering not to exceed $71,822.30 for Design, Bid, and Construction Phase Engineering Services for FM 1103 Water Waste-Water LineRESOLUTION NO. 19 -R -132
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING ADDITIONAL EXPENDITURES
WITH FORD ENGINEERING, INC., IN A TOTAL PROJECT AMOUNT
NOT TO EXCEED $71,822.30 FOR DESIGN, BID, AND CONSTRUCTION
PHASE ENGINEERING SERVICES FOR THE FM 1103 WATER AND
WASTE -WATER LINE RELOCATION PROJECT IN ADVANCE OF
THE FM 1103 ROAD WIDENING PROJECT.
WHEREAS, the City of Schertz (the "City ") has entered into an agreement for design,
bid, and construction phase engineering services for the FM 1103 water and wastewater facilities
relocation project in advance of the TxDOT FM 1103 road widening project with Ford
Engineering; and
WHEREAS, City and TxDOT have identified necessary change orders to the original
project scope; and
WHEREAS, additional expenditures not to exceed $71,822.30 have been identified to
cover necessary change orders for engineering fees for design changes; 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
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes additional expenditures with Ford
Engineering, Inc., in a total project amount not to exceed $71,822.30 for design, bid, and
construction phase engineering services for the FM 1103 water and waste -water line relocation
project in advance of the FM 1103 road widening 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
50234811.1
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 24th day of September, 2019.
CITY OF,k",RTZ, TEXAS
ael R. Carpenter, Mayor
ATTEST: ,o
50234811.1
AGREEMENT FOR PROVIDING LIMITED PROFESSIONAL SERVICES
Design Professional Firm: Ford Engineering, Inc.
10927 Wye Dr, Ste 104
San Antonio, TX 78217
TBPE No. F -1162
Ph: 210- 590 -4777
Fax: 210- 590 -4940
www.fordencineedna.com
Client: City of Schertz
Address: 10 Commercial Place
Schertz, Texas 78154
Phone: 210- 619 -1800
email: smcclellandftschertz.com
Date: August 19, 2019 Project No:
Project Name /Location: Additional Services — FM 1103 Utility Relocation — Schertz, TX
Scopelintent and Extent of Services: Proposal for Additional Services to update the project water line plans due to
TxDOT Storm Water revision.
Fee Arrangement: $5,280.00. Progress invoices are due on receipt in order to prevent delays. This budget
figure will not be exceeded without authorization from Client. Should additional services within the original Scope be
required, such services will be billed at the following hourly rates:
Principal
$200.00
Senior Professional Engineer (P.E.):
$190.00
Sr. Project Manager (PE):
$175.00
Project Manager (PE):
$160.00
Project Coordinator (E.I.T.):
$ 105.00
Clerical:
$ 65.00
Licensed State Land Surveyor
Reg. Professional Land Surveyor (RPLS)
CADD /Survey Tech:
2 - Man Field Crew:
3 - Man Field Crew:
4 - Man Field Crew:
Mileage:
CHANGES TO THE ORIGINAL SCOPE/INTENT WILL BE NEGOTIATED AS AN AMENDED OR NEW
C�Z�7 ►` t � � T �r� /_t t1:7 � � i � I � �� t � 1
$185.00
$175.00
$ 85.00
$145.00
$180.00
$195.00
$ .58
Direct Project Expenses will be billed to Client as follows:
Additional Prints: $10.00 (large) $8.00 (small)
Federal Express, Property Research, Courier Services and Other Expenses: Amount of Invoice PLUS 15%
Client is expected to furnish FORD ENGINEERING, INC. with full information as to the Client's requirements
including any special or extraordinary considerations for the Project or special services needed and also to make
available all pertinent existing data.
Special Conditions: Client will be responsible for all fees in relation to, but not limited to, permit fees payable to the
City of Schertz, Guadalupe County, and/or any other agency.
Prepared by: Mark B. Hill, P.E.
Each individual executing this Agreement on behalf of the CLIENT or FIRM, by this execution, acknowledges that he
is duly authorized to commit the CLIENT or FIRM to this Agreement.*
Offered by: Accepted by:
_
August 19 2019
sign ura date signature date
Mark Hill, PE President
printed nameRitle
FORD ENGINEERING, INC.
printed nameltitle
name of client
The Terms and Conditions on page 2 are a part of this Agreement
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TERMS AND CONDITIONS
Ford Engineering, Inc. (the Firm) shall perform the services outlined in this agreement for the stated fee arrangement.
Access to Site:
Unless otherwise stated, Ford Engineering will have access to the site for activities necessary for the performance of the services. Ford will take
precautions to minimize damage due to these activities, but has not included in the fee the cost of any restoration of any resulting damage.
Dispute Resolution:
Any claims or disputes made during design, construction or post - construction between the Client and Ford Engineering shall be submitted to non - binding
mediation. Client and Firm agree to include a similar mediation agreement with all contractors, subcontractors, sub - consultants, suppliers and
fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties.
Billings /Payments:
Invoices for Firm's services shall be submitted upon completion of such services or on a monthly basis. Invoices shall be payable upon receipt of
invoice. Retainers shall be credited on the final invoice.
Late Payments:
Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In the
event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's
fees.
Indemnification:
The Client shall, to the fullest extent permitted by law, indemnify and hold harmless Ford Engineering, Inc, its officers, directors, employees, agents and
sub - consultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any way
connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities or
costs attributable to the sole negligence or willful misconduct of the Firm.
Certifications:
Guarantees and Warranties: Ford Engineering, Inc. shall not be required to execute any document that would result in its certifying, guaranteeing or
warranting the existence of conditions whose existence Finn cannot ascertain.
Limitation of Liability:
In recognition of the relative risks, rewards and benefits of the project to both the Client and Firm, the risks have been allocated such that the Client
agrees that, to the fullest extent permitted by law, Firm's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim
expenses arising out of this agreement from any cause or causes, shall not exceed the amount of compensation received by Firm for these services.
Such causes include, but are not limited to, the Firm's negligence, errors, omissions, strict liability, breach of contract or a breach of warranty.
Termination of Services:
This agreement may be terminated by the Client or Firm should the other fail to perform its obligations hereunder. In the event of termination, Client
shall pay Firm for all services rendered to the date of termination and for all direct project expenses.
Invalidation:
If Client does not execute this agreement within thirty (30) days of the date tendered, it may become Invalid.
Ownership of Documents:
All documents produced by Ford Engineering, Inc. under this agreement shall remain the property of the Finn and may not be used by the Client for any
other endeavor without the written consent of the Firm.
A completed facsimile copy of this Agreement, 2 pages, transmitted by Client, will be treated as an original signature for all purposes. However, Client
also agrees to mail the Agreement with original signatures to our office.
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