Res 039-2012 4/17/2012
RESOLUTION NO. _39-2012_
Resolution Authorizing The City Manager To Enter Into An Agreement
With Anthony Inman Construction, Inc. For Construction Manager At
Risk Services Related To The Wichita Falls Travel Center Project, With
An Estimated Construction Cost Of $4,200,000, And Delegating
Evaluation Authority To The City Manager To The Maximum Extent
Authorized By Texas Gov’t. Code § 2267.053
WHEREAS, the City of Wichita Falls is in the early phase of designing a new
intermodal Travel Center in the Downtown area that will facilitate passenger access from
local, regional, and intercity bus providers;
WHEREAS, the City Council finds the City properly advertised for proposals for
the Downtown Travel Center Project and complied with all applicable provisions of
Chapter 2267 of the Texas Government Code;
WHEREAS, the City Council finds that the City Council and City Charter have
delegated the authority to the City Manager to make all actions authorized and/or
required pursuant to Chapter 271 of the Texas Local Government Code as recodified in
Texas Gov’t Code § 2267.053;
WHEREAS, the City Council finds that on March 15, 2011, the City Council
selected and designated Secord and Lebow Architects, LLP to prepare the construction
documents in compliance with Chapter 271 of the Texas Local Government Code,
recodified in Chapter 2267 of the Texas Government Code;
WHEREAS, the City Council finds, pursuant to resolution adopted on March 15,
2011 and otherwise, the City Council and City Manager have determined that the
Construction Manager At Risk (CMAR) method of obtaining the completion of this project
will provide a better value for the City with respect to this expenditure than construction
pursuant to receipt of competitive bids, and the City has validly used the procedures
described in Chapter 271 of the Texas Local Government Code and Chapter 2267 of the
Texas Government Code to obtain these services and complied with other statutory
provisions related thereto;
WHEREAS, Texas Gov’t Code § 2267.053 provides:
Texas Gov’t Code§ 2267.053. Delegation of Authority
(a) The governing body of a governmental entity may delegate its authority
under this chapter regarding an action authorized or required by this chapter to
a designated representative, committee, or other person.
(b) The governmental entity shall provide notice of the delegation, the limits of
the delegation, and the name or title of each person designated under
subsection (a) by rule or in the request for bids, proposals, or qualifications or
in an addendum to the request.
WHEREAS, the City received and evaluated proposals from general contractors
and evaluated said proposals based on selection criteria outlined in the Request for
Proposal in full compliance with Texas Gov’t Code § 2267.255; and
WHEREAS, according to the selection criteria that were established by the City,
City staff have determined and the City Council finds that the Anthony Inman
Construction, Inc. proposal will provide the best value to the City of Wichita Falls for
CMAR services related to the Wichita Falls Travel Center Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Council:
(1) affirms the aforementioned findings;
(2) selects Anthony Inman Construction, Inc. as the offeror whose proposal
offers the best value for the City, based on the published selection criteria and
ranking evaluation;
(3) declares that the rankings shall be public within 7 days after this contract
award, in accordance with Texas Government Code §2267.253(g);
(4) authorizes the City Manager to execute an agreement, in a form approved
by the City Attorney, with Anthony Inman Construction, Inc. for CMAR services
for the construction of the Wichita Falls Travel Center, with an estimated
construction cost of $4,200,000; and
(5) delegates authority to the City Manager to make determinations pursuant to
Texas Gov’t Code § 2267.053 and authorizes the City Manager to promulgate
rules establishing such determination. Notwithstanding, the City Council must
approve the Guaranteed Maximum Price pursuant to a CMAR contract and
expenditure of City funds in an amount in excess of $50,000.
th
PASSED AND APPROVED this the 17 day of April, 2012.
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M A Y O R
ATTEST:
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City Clerk