File #: 22-0971    Name: Airport FBO Terminal Completion
Type: Resolution Status: Consent Item
In control: City Council Regular Meeting
On agenda: 10/18/2022 Final action:
Title: Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Takeover Agreement with Lexon Insurance Company to Complete the FBO Terminal at McKinney National Airport; and Providing for an Effective Date
Attachments: 1. Resolution
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Title

Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Takeover Agreement with Lexon Insurance Company to Complete the FBO Terminal at McKinney National Airport; and Providing for an Effective Date

 

Summary

COUNCIL GOAL:                     Maximize the Development Potential of McKinney National Airport

(3D: Continually maintain national recognition for excellence in Fixed Base Operations)

 

MEETING DATE:                     October 18, 2022

 

DEPARTMENT:                      City Council

 

CONTACT:                       Mark Houser, City Attorney

                     Barry Shelton, Assistant City Manager

                     Ken Carley, Airport Director

 

RECOMMENDED CITY COUNCIL ACTION:  Approve a Resolution authorizing the City Manager to execute a Takeover Agreement for completion of the FBO Terminal at McKinney National Airport.

 

ITEM SUMMARY: 

                     The City’s general contractor for completion of the FBO Terminal at McKinney National Airport defaulted under its construction contract and filed for Chapter 7 bankruptcy on June 14, 2022.

                     The City is protected by a performance bond which requires a surety bond company to complete the construction in the event of contractor default. 

                     The Takeover Agreement will bind the surety bond company, Lexon Insurance Company, to complete the Project, as originally designed.

                     The City agrees to make periodic payments to the surety in amounts up to the balance of the construction contract, $2,507,923.00, to cover its expense of completing the project.

                     Lexon Insurance Company has the responsibility to contract for and oversee the completion of the project.

 

BACKGROUND INFORMATION: 

                     The City contracted with McRight-Smith Construction, LLC for the completion of the FBO Terminal on July 26, 2020 for a Guaranteed Maximum Price of $6,888,150.00.

During construction, the City made progress payments to McRight-Smith in the amount of $4,380,227.00 during the progress of the work.

                     The City required McRight-Smith to provide payment and performance bonds to insure the completion of the project. 

                     McRight-Smith filed for Chapter 7 bankruptcy on June 14, 2022.

                     The City obtained relief from the bankruptcy proceeding and proceeded to exercise its rights under the performance bond.

                     Staff has reached agreement with the surety bond company to complete the remaining work on the FBO Terminal.

 

FINANCIAL SUMMARY:  N/A

 

BOARD OR COMMISSION RECOMMENDATION: N/A