23-R-79 Construction Contract Clark Construciton of Texas, INC.RESOLUTION NO. 23-R-79
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION CONTRACT IN SUBSTANTIALLY THE
SAME FORM AS ATTACHED WITH CLARK CONSTRUCTION OF
TEXAS, INC. FOR THREE HUNDRED EIGHTEEN THOUSAND, SEVEN
HUNDRED SIXTY TWO DOLLARS AND A NOT TO EXCEED AMOUNT
OF THREE HUNDRED FORTY THOUSAND DOLLARS FOR THE 2023
WINDY MEADOWS OVERLAY PROJECT
WHEREAS, City Staff developed a street overlay project for Windy Meadows Drive to
correct some identified failures/deficiencies and restore the street to excellent condition; and
WHEREAS, a construction contract and bidding package was created to retain a
contractor to perform the overlay; and
WHEREAS, the project was publicly advertised for bids in accordance with public entity
procurement regulations; and
WHEREAS, three bids were received and opened on July 20, 2023 for the street repair
project; and
WHEREAS, City Staff reviewed the bids received and identified Clark Construction of
Texas, Inc. as the lowest responsible bidder for the project; and
WHEREAS, the funding for the proposed is available from the line item in the FY 2022-
2023 budget for street preservation and maintenance and from savings in the Streets Operating
Budget and
WHEREAS, the City Council of the City of Schertz wishes to award the construction
contract for the 2023 Windy Meadows Overlay Project to Clark Construction of Texas, Inc.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to execute the
necessary construction contract documents in substantially the same form as attached with
Clark Construction of Texas, Inc., in the amount of THREE HUNDRED EIGHTEEN
THOUSAND, SEVEN HUNDRED SIXTY TWO DOLLARS ($318,762.00) and a not
to exceed amount of THREE HUNDRED FORTY THOUSAND DOLLARS
($340,000.00) for the 2023 Windy Meadows Overlay Project during the FY 2022-2023.
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provision of this Resolution are hereby repealed to the extent of such conflict, and the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 Aday of 4VW'2023.
CITY OF S ERT TEXAS
Ralp tier e , Mayor
ATT
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Sheila Edmondson, City Secretary