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Order: That 794-838 Eastern Ave be designated as the site for relocation of the Police Station and that Construction Management At Risk delivery methods, as permitted under MGL Chapter 149A be employed to assure timely relocation of the facility
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WHEREAS, pursuant prior resolutions of the City Council, including those taken on November 21, 2013, the City of Malden has determined that it is in the best interests of the City to (i) relocate City Hall and the Police Station from its current locations at Government Center (the “Existing Site”) to new facilities to be constructed at other locations in the City; and (ii) dispose of the Existing Site for clearance and private redevelopment (the “Private Development”);
WHEREAS, (i) the new City Hall will contain approximately 40,000 to 45,000 square feet of space with structured parking of about 200 cars, and (ii) the new Police Station will contain approximately 25,000 square feet of space (the new City Hall, the new Police Station and appurtenances are referred to as the “Public Improvements”);
WHEREAS, the City wishes to locate the Police Station Public Improvement to a parcel of land located at 794-838 Eastern Avenue and to acquire said parcel by negotiated purchase or by eminent domain;
WHEREAS, through a public request for proposal process, the City has designated a tentative developer (the “Developer”) to acquire the Existing Site for the purpose of the Private Development upon the terms and conditions set for in the proposed term sheet (the “Proposed Term Sheet”), a copy of which is attached hereto;
WHEREAS, in order to maximize the sale price of the Existing Site for the benefit of the City, the City must vacate the Existing Site on an expedited basis, but not later than December 31, 2015 (the “Deadline”);
WHEREAS, the City cannot vacate the Existing Site to allow the Private Development to commence until the Public Improvements have been completed;
WHEREAS, the City has determined that Public Improvements cannot be completed by the Deadline utilizing traditional procurement methods;
WHEREAS, the City has determined that the use of construction management at risk delivery method pursuant to M.G.L. c. 149A (the “CMAR Procurement”) is appropriate for the construction of the Public Improvements;
WHEREAS, the Malden Redevelopment Authority (the “Authority”), acting on behalf of the City, has the capacity and a plan and procedures in place to effectively procure and manage one or more CMAR Procurements for the Public Improvements;
WHEREAS, the City, acting through the Authority, now wishes to confirm that the use of one or more CMAR Procurements is appropriate for the construction of the Public Improvements, and otherwise is in the best interests of the City, and that the Authority act on behalf of the City as the awarding authority under M.G.L. 149A for purposes of evaluating, awarding and overseeing one or more CMAR Procurements for the Public Improvements;
NOW, THEREFORE, it is hereby:
Disposition of Existing Site:
ORDERED: That the Mayor, on behalf of the City, in cooperation with the Authority, enter into a Land Disposition Agreement (“LDA”) with the Developer for the disposition of the Existing Site, consistent with the terms set forth in the Final Term Sheet, and upon such other terms and conditions as he shall deem necessary or desirable; and
ORDERED, That the Mayor, on behalf of the City, in cooperation with the Authority execute, deliver and perform the LDA; and
Designation of Eastern Avenue:
ORDERED: That the City parcel located at 794-838 Eastern Avenue be designated as the site for the Police Station Public Improvements; and
Construction Management at Risk:
ORDERED: That, for the reasons stated above, the City confirms that the use of CMAR Procurement is appropriate for the construction of the Public Improvements, and otherwise is in the best interests of the City and authorizes the Authority, on behalf of the City and at the City’s expense, to retain appropriate expert consultant services to support the CMAR program; and
ORDERED, That the City, acting by and through the Authority, confirms that it has the capacity and a plan and procedures in place to effectively procure and manage one or more CMAR Procurements for the Public Improvements; and
ORDERED, That the Authority, on behalf of the City, act as the awarding authority under M.G.L. 149A for purposes of evaluating, awarding and overseeing one or more CMAR Procurements for the Public Improvements; and
ORDERED, That the Authority, on behalf of the City, enter into (i) one or more owner project management agreements (the “Owner Project Management Agreements”) pursuant to M.G.L. c. 149, §44A1/2, (ii) one or more design contracts pursuant to M.G.L. c. 7, §38A1/2 to 39O (the “Design Contracts”), and (iii) one or more construction manager at risk contracts pursuant to the CMAR Procurements (the “CMAR Contracts”); and
ORDERED, That the Authority, on behalf of the City, enter into such other agreements or take such other actions as may be necessary or desirable to develop the Public Improvements; and
ORDERED, That the Authority, on behalf of the City, be authorized, for and on behalf of the City and in its name on behalf of the City, to prepare, execute, acknowledge, deliver, under seal if required or desirable, and perform the Owner Project Management Agreements, the Design Contracts and the CMAR Contracts in such forms and with such terms and conditions as the Authority shall deem necessary or desirable; and
Omnibus Resolution:
ORDERED, that the Authority, on behalf of the City and at the City’s expense, engage such consultants, appraisers, attorneys and other persons as the Authority deems necessary or appropriate to effectuate the transactions described in the foregoing resolutions; and
ORDERED, That the Authority and/or the Mayor, on behalf of the City and in its name, to prepare, execute, acknowledge, file, record, ratify, confirm, deliver, under seal if required or desirable, and perform all such other contracts, agreements, instruments, leases, assignments, deeds, orders of taking, certificates and other documents, and to take all such other action, as the Authority and/or the Mayor shall deem necessary or desirable to give effect to, or otherwise carry the purposes of, the foregoing Resolutions; and that the preparation, execution, acknowledgement, filing, recording, ratification, confirmation, delivery or performance of any such contracts, agreements, instruments, leases, assignments, deeds, orders of taking, certificates and other documents, or the taking of any such action, by the Authority and/or the Mayor shall be conclusive evidence of its having been authorized by these Resolutions; and that all such actions taken for and on behalf of the City and in its name by the Authority and/or the Mayor before the date hereof which would be authorized if taken after the adoption of the foregoing Resolutions be, and they hereby are, and each of them hereby is, approved, adopted, ratified and confirmed.