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008-04 BOARD OF SUPERVISORS RESOLUTION BY BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, APPROVING ADVANCEMENT OF PROPOSAL FOR A NEW PUBLIC SAFETY BUILDING PURSUANT TO THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, Frederick County, Virginia (the "County") has an urgent need for a new Public Safety Building due to the aging and insufficiency of existing facilities, the significant distance between existing facilities and the constituencies served, and the need to respond to Homeland Security threats; and WHEREAS, the County has made a new Public Safety Building a top priority in its Capital Improvement Program; and WHEREAS, the General Assembly enacted the Public-Private Education Facilities and Infrastructure Act of 2002 (the "PPEA"), which provides an alternative to traditional methods for procurement of certain public facilities and infrastructure; and WHEREAS, the County adopted its implementation procedures for the PPEA in July 2003; and WHEREAS, the County subsequently received an unsolicited conceptual proposal pursuant to the PPEA for the design, construction and furnishing of a new Public Safety Building (the "Project"); and WHEREAS, the County accepted the unsolicited proposal and offered notice that it would accept for simultaneous consideration any competing proposals; and WHEREAS, the County received additional conceptual-phase proposals from two other offerors for the Project; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The County Board of Supervisors (the "Board") hereby determines that proceeding with procurement of the Project under the PPEA is likely to be advantageous to the public and that use of "competitive negotiation" procedures under the PPEA for the Project is likely to be more advantageous to the County and the public based upon (i) the probable scope, complexity or urgency of the project, or (ii) risk sharing, added value, an increase in funding or economic benefit from the Project that would not otherwise be available; and 2. The Board hereby determines that the offeror team led by Howard Shockey & Sons, Inc. is clearly more highly qualified than the others under consideration; and 3. The Board hereby directs the County Administrator to (i) request that the Howard Shockey & Sons, Inc. team submit to the County a detailed stage proposal not later than August 31, 2004, to include information requested by the County Administrator as he shall deem appropriate, and (ii) coordinate the process for review of such detailed proposal. Adopted this nth day August, 2004. VOTE: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Aye Gina A. Forrester Aye Aye Aye W. Harrington Smith, Jr. Lynda 1. Tyler Deceased Aye - ~ Resolution No. 008-04