Legislation Details

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