16-R-27 - Agreement with Thos. S. Byrne for Replacement Windows recreation centerRESOLUTION NO. 16 -R -27
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF AN
AGREEMENT WITH THOS. S BYRNE, LTD FOR REPLACEMENT OF
WINDOWS AND GLAZING SYSTEMS AT THE RECREATION CENTER
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an Agreement with Thos. S Byrne, Ltd. as the General Contractor for the
replacement of the windows and glazing systems at the Recreation Center; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into an Agreement with Thomas S Byrne, Ltd and the Agreement attached hereto as
Exhibit A (the "Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
I 0SUR
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Thomas S Byrne, Ltd for the replacement of the windows and
glazing systems at the Recreation Center in substantially the form set forth on Exhibit A. The
total amount payable under this Agreement shall not exceed Six Hundred Thirty Four Thousand
One Hundred Sixty Seven Dollars ($634,167.00) plus a City controlled contingency of Twenty
Five Thousand Dollars ($25,000.00) for a maximum agreement amount of Six Hundred Fifty
Nine Thousand One Hundred Sixty Seven Dollars ($659,167.00).
Section 2. The funding for the project will come from a future issuance of certificate
of obligation bonds in the amount of ($659,167.00). Any funds expended before that issuance
will be paid from fund balance. The fund balance will be reimbursed any amount expended once
the debt is issued.
Section 3. 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 4. 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 5. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 6. 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 7. 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 8. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 22nd day of March, 2016.
CITY OF SC EIZ, TEXAS
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Michael R Carpenter, Mayor
ATTEST:
- ,
Brenda Dennis, City Secretary
(CITY SEAL)
50234811.1
EXHIBIT A
AIA A101 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND
CONTRACTOR
FOR THOS. S BYRNE, LTD