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HomeMy WebLinkAboutRes 2018-09-485 Repeal 2018-09-473CITY OF ANIMA, TEXAS RESOLUTION NO. JOIYY 67- l8' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, REGARDING CONSTRUCTION MANAGER AT RISK SERVICES, REJECTING ALL PREVIOUS PROPOSALS FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR A NEW MUNICIPAL COMPLEX, AUTHORIZING ADVERTISING AND NOTICE OF NEW REQUEST FOR PROPOSALS AND DELEGATING AUTHORITY UNDER CHAPTER 2269 OF THE GOVERNMENT CODE FOR PROJECT PROCUREMENT FOR CONSTRUCTION OF PUBLIC FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna previously sought and received proposals for Construction Manager at Risk Services ("CMAR Services") for a New Municipal Complex; and WHEREAS, the City of Anna City Council ("City Council"), on September 11, 2018, adopted Resolution No. 2018-09473, which authorized the City Manager to negotiate a contract for the CMAR Services; and WHEREAS, City Council has not awarded a contract for the CMAR Services and now desires to repeal and rescind Resolution No. 201 &09-473, and to reject all previous proposals received for the CMAR Services; and WHEREAS, the City Council continues to plan to construct new municipal facilities to meet the public need to conduct its governmental functions to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, the City Council desires to advertise and provide notice of a new request for proposals for construction manager at risk services for a new municipal complex as set forth in this resolution; and WHEREAS, said construction project, known as the "New Municipal Complex Consisting of a City Hall/Police Building, Central Fire Stationre Administration Building and Associated Site Work" (the "Project") is subject to certain project procurement requirements under state law; and WHEREAS, the City of Anna intends to comply with all applicable laws with respect to the Project, including the project procurement requirements under Chapter 252 of the Local Government Code and Chapter 2269 of the Government Code; and WHEREAS, the City Council hereby finds that the construction manager at risk procurement method for the Project, as authorized under Chapter 2269 of the Government Code, provides the best value for the City; and CITY OF ANNA, TEXAS RESOLUTION NO. '��� PAGE 1 OF 2 WHEREAS, Chapter 2269 of the Government Code expressly authorizes the governing body of a municipality to delegate its authority to one or more persons to procure a construction project under the requirements of said chapter; and WHEREAS, the City Council, after careful consideration, has determined that it shall delegate to the City Manager, Jim Proce, the authority to act on the City of Anna's behalf with respect to procuring a construction contract for the Project as set forth in this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS. Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2269.001, et seq., and Texas Local Government Code § 252.001, et seq., to the extent the provisions of such statutes are applicable. Section 2. Delegation of Authority The City Council hereby delegates its authority and all of its powers and duties under the statutes referenced in Section 1.02 of this resolution to City Manager Jim Proce to procure the CMAR Services for the Project with the sole exception of the final award of a contract for construction of the Project, which said award shall be made by the City Council at a duly noticed public meeting. Notwithstanding the foregoing, nothing shall prevent the City Council from taking any action with respect to procurement of the "WAR Services for the Project. Section 3. Effective Date. This resolution shall take effect immediately upon its passage. PASSED by the City Council of the City of Anna, Texas, this 25th day of September 2018. ATTESTED: Carrie L. Smith, City Secretary CITY OF ANNA, TEXAS APPROVED: ,..TEX P`',,ON4 Pike, Mayor PAGE20F2