Stafford council tables amendment to Jones Engineering contract after licensing, procurement concerns

The Stafford City Council on April 16 tabled consideration of an amendment to the professional services agreement with Jones Engineering, following extended discussion about procurement law, potential effects on the city engineer's license and the administrative consequences if the contract were later found invalid.

Council members were asked to approve an amendment to a 2023 contract tied to an Economic Development Corporation (EDC) drainage project originally budgeted at about $7,000,000. The amendment would add design, preliminary and construction management services for three drainage areas identified in the EDC's project list. The council did not vote to approve the amendment; instead, the motion to table passed unanimously after legal and staff presentations.

Why it matters: Councilmembers and members of the public raised legal and procedural questions about whether the city must use a qualifications-based selection (an RFQ) under Texas Government Code 2254 for professional services, or whether the existing contract and earlier council actions make a direct amendment appropriate. The discussion touched on the immediate operational risks if the council were to determine the underlying city engineer appointment or contract invalid, including potential suspension of plan reviews, permit processing and construction oversight.

Bob Jones, the city engineer and principal of Jones Engineering, said he was blindsided by council's discussion of going to an RFQ after he had submitted a price proposal on the assumption the city would proceed by negotiating under the existing contract. Jones said state licensing rules could prevent him from participating in an RFQ if he has already submitted prices, and he warned that such a process could effectively eliminate him from eligibility for the work and jeopardize ongoing services tied to the contract.

City staff and legal counsel explained the procurement context. Legal counsel summarized that Government Code 2254 requires selection of professional services based on demonstrated competence and qualifications and a fair and reasonable price, and that the city's purchasing policy incorporates that rule. Counsel also noted a Municipal Validation Act provision (local government code 51.003) and recounted that the council previously selected Jones as city engineer in 2016. Staff said the 2024 contract approved by council contained language that allowed additional services to be added under the existing agreement.

Council members and the CFO said the size of the drainage work (accounting for nearly $1 million in some descriptions during the discussion) prompted a recommendation by finance staff to go to a qualifications process to ensure transparency and competitive opportunity. Several council members and the public urged caution because terminating or invalidating the contract could pause plan review and permit issuance until a new city engineer was procured.

Outcome and next steps: Council voted to table the amendment and directed legal counsel, the public works director and Jones Engineering to meet and return with a recommended path forward, including whether the item should go to the EDC for additional consideration. Some council members also requested that the EDC be given notice and an opportunity to review the amendment because the work is funded by the EDC.

Quotations (selected): "It is illegal for me to submit a price proposal if I have not been selected for the work," Bob Jones said, arguing that submitting a price now could disqualify him if the city later issues an RFQ. Kyle Young, public works, and the city's legal counsel each explained the procurement requirements and the potential operational impacts.

Ending: The council did not approve the amendment and instead asked staff and counsel to develop options and return at a subsequent meeting. The EDC, the public works director and Jones Engineering were identified as stakeholders in the next-step discussions.