HomeMy WebLinkAboutCC Resolution No. 3093 (Item 6.b.) RESOLUTION NO. 3093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
DETERMINING THE ALTERNATIVE DELIVERY METHOD FOR THE
CONSTRUCTION OF THE EXXONMOBIL BAYTOWN EVENTS CENTER, AND
ASSOCIATED FACILITY AND SITE IMPROVEMENTS; AUTHORIZING THE
ISSUANCE OF A REQUEST FOR CONSTRUCTION MANAGER AT RISK
PROPOSALS; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, § 2269.056 of the Texas Government Code provides that the governing body of a
governmental entity that considers a construction contract using a method authorized by Chapter 2269 other
than competitive bidding must,before advertising, determine which method provides the best value for the
governmental entity; and
WHEREAS, the "construction manager-at-risk method" delivery method is a method by which a
governmental entity contracts with an architect or engineer for design and construction phase services, and
contracts separately with a construction manager-at-risk to serve as the general contractor and to provide
consultation during the design and construction, rehabilitation, alteration, or repair of a facility, which is
authorized by Chapter 2269; and
WHEREAS, a construction manager-at-risk assumes the risk for construction, rehabilitation,
alteration, or repair of a facility, at the contracted price as a general contractor and provides consultation to
the governmental entity regarding construction during and after the design of the facility; and
WHEREAS, the contracted price may be a guaranteed maximum price; and
WHEREAS, the construction manager-at-risk delivery method will provide the City of Baytown
the best value for the construction of the ExxonMobil Baytown Events Center, and associated facility and
site improvements;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS:
Section 1: That the findings of the City and its actions approving this resolution taken at the council
meeting are hereby approved and adopted.
Section 2: That the City Council of the City of Baytown, Texas determines that the construction
manager-at-risk delivery method will provide the City the best value for the construction of the ExxonMobil
Baytown Events Center, and associated facility and site improvements.
Section 3: That,in accordance with Chapter 2269 of the Texas Government Code,the City Council
authorizes the issuance of a request for construction manager-at-risk proposals for the construction of the
ExxonMobil Baytown Events Center, and associated facility and site improvements.
Section 4: That, as part of the issuance of a request for construction manager-at-risk proposals, the
City shall:
a. on or before the selection of a construction manager-at-risk,select or designate an architect
or engineer to prepare the construction documents for the project;
b. base its selection among offerors on applicable criteria listed for construction manager-at-
risk delivery method in Chapter 2269;
C. publish in the request for proposals or qualifications:
1. the criteria that will be used to evaluate the offerors;
ii the applicable weighted value for each criterion; and
iii. a detailed methodology for scoring each criterion; and
d. document the basis of its selection and make the evaluations public not later than the
seventh day after the date the contract is awarded; and
e. follow all applicable provisions of Chapter 2269.
Section 5: All resolutions or parts of resolutions inconsistent with the terms of this resolution are
hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency; and
in all other respects, this resolution shall be cumulative of other resolutions regulating and governing the
subject matter covered by this resolution.
Section 6: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase
of this ordinance or the application of same to any person or set of circumstances shall for any reason be
held unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other persons or sets of circumstances; and to this end,
all provisions of this ordinance are declared to be severable.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 14`�'day of May, 2026.
CHARLES JO S N, Mayor
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ANGELA ity C
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APPROVED AS T FORM:
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SCOTT LE �ND, ty Attorney
R:lOrdinances and Resolutions,Resolution Drafts City Council 2026-05-14 Res-Constr Mgr at Risk-SL.docx
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