16-R-59 - Amendment to the Existing agreement with Thos S ByrneRESOLUTION NO. 16 -R -59
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF AN
AMMENDMENT TO THE EXISTING 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
amend this Agreement with Thomas S Byrne, Ltd.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
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Section 1. The City Council hereby authorizes the City Manager to execute and
deliver Change Order Number 1 to the existing 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 in 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 Sixty
Eight Thousand Ninety Seven Dollars ($68,097.00) plus a City controlled contingency of
Twenty Five Thousand Dollars ($25,000.00) for a maximum amount of Seven Hundred Twenty
Seven Thousand Two Hundred Sixty Four Dollars ($727,264.00).
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 26th day of July, 2016.
CITY OF , TEXAS
Michael R Carpenter, Mayor
ATTEST:
1
Brenda Dennis, City Secr tary
(CITY SEAL)
50234811.1
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CHANGE ORDER NUMBER I TO THE EXISTING AIA A133 AGREEMENT FOR
CONSTRUCTION MANAGER AT RISK