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HomeMy WebLinkAboutItem 10 - Palace Theatre Electrical ContractITEM 't /0 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ROGER NELSON, CITY MANAGERd4' MEETING DATE: OCTOBER 17, 2000 SUBJECT: PALACE THEATRE ELECTRICAL CONTRACT RECOMMENDATION: Staff recommends the City Council terminate the Palace Theatre Electrical Contract with Prewitt Electric, authorize the City Manager to negotiate with Amwest Surety Insurance and Dennis Electric for a new contract for electrical services plus the cost of new payment and performance bonds, authorize staff to execute said contracts, and take any other action necessary. FUNDING SOURCE: Funds are available in Account 816-48840-101-01 Buildings, for $5,000,000. BACKGROUND INFORMATION: Daedalus Development Corp. (Owners Representative) has been negotiating with Amwest Surety Insurance, bonding agency for Palace Theatre electrical contractor, since June 12, 2000. These negotiations became necessary when Prewitt Electric declared bankruptcy and pulled off the Palace Theatre job. During this period, construction has proceeded without delay. The project is now at a point where the lack of an electrical contractor will delay its projected completion. Daedalus has contacted the second low bidder, Humphrey and Associates and the third low bidder Amber Electric. They were unable to take the job stating that they no longer had the manpower available to meet the terms of their bid. Daedalus then contacted Dennis Electric regarding the contract. Dennis Electric has provided a bid for the job and is willing to assume the role of electrical contractor if terms can be met. The current quote from Dennis Electric to finish the Palace Theatre is $381,826. Prewitt was paid a total of $103,915 before pulling off the job. Their original contract was for $373,239. Amwest Surety has offered to return $56,275 to the City to close out the Prewitt Electric contract. This lump sum payment does not include payments that will be made by the bonding agency to cover liens on the project (from Prewitt's contract) which amount to over $43,000. Palace Contracts Dennis 1 October 12, 2000 (5:08PM) Staff feels that Prewitt Electric probably underbid the job at $373,239, as evidenced by their financial problems. Staffs representative, Daedalus Development Corp., feels that the Dennis' bid is appropriate for the work to be completed. Staff has met with the City Attorney and the Risk Management Department concerning this issue. It is their opinion that it is in the best interest of the project to negotiate an offer from the bonding agency and accept a lump sum payment. Right now their offer stands at $56,275. While we will try to negotiate a higher settlement amount, it is clear to us that a settlement is necessary in order to complete the electrical work and to keep this project on schedule. Taking this approach will add $56,000 or so to the budget for electrical work. This amount will be taken from the project contingency budget which has a balance of over $250,000. Enclosed is a memo from Daedalus Development that further explains this situation. HTH/sdk Palace Contracts Dennis 2 October 12, 2000 (5:08PM) October 11, 2000 Tommy Hardy City of Grapevine 200 South Main Street Grapevine, Texas 76051 RE: Palace Theater Dear Tommy: It was the decision from yesterday's meeting with city's outside attorney, risk management, and the construction management team that we would be better off to accept the bonding company's offer of payment even though it leaves a deficit compared with the original contract amount approved by city council than not accept this offer and still be dealing with the bond company through -out the project. In brief the numbers are: Dennis Electric's quote $381,826 Bond company lump sum payment ($ 56,27Q* Adjusted contract pay-off amount $325,551 Amount paid to Prewitt $103,915 Total electrical contract work $429,466 Original contract amount approved by council X73,239) Increase in electrical contract work $ 56,227 In addition the bonding company is paying for the liens on the project which amount to $43,448. This is not shown in the numbers above because it does not increase our cost since we have already paid for this amount previously to Prewitt. As stated in the meeting, if Prewitt had not bid the project and we would have accepted Humphrey's proposal which was already $33,406 higher than Prewitt's bid. We understand that this can go before council on Tuesday the 17`" of October. The project needs this decision in order to have an electrical contractor on site so as not to impede the progress of the job. Please contact me if further documentation or explanation is required. Sincerely, Patrick Murphy Project Manager cc: Fran McCarthy 709 C West Magnolia Avenue Fort Worth, Texas 76104 817-927-5000 fax 817-923-9718 pct -13-00 10:59am From -Boyle & Lowry 9725507105 ?-B93 F -M DRAr I CITY OF GRAPEVINE RESOLUTION NO. WEMREAS, the Palace Theatre Project (the "Project") commenced construction on approximately the day of , 2000; and VIIIEREAS, the City of Grapevine (the "City"), through the Grapevine Heritage Foundation, (both hereinafter referred to as "City") let and entered into all of the contracts, including a Contract with Daedalus Development Corporation ("C.M.") as Construction Manager; and WHEREAS, the C,M. recommended entering into a Contract (the "Contract") for the providing of electrical service with Prewitt Electrical Contractors, Inc., ("Prewitt") in the principal amount of $378,827 on or about February 14, 2000, as the lowest responsible bidder after the City advertised for and received competitive bids; and WTIERFAS, Prewitt provided statutory Performance and Payment Bonds in the amount of 100% of the Contract price; and RFAS, the principal amount of the Contract was increased in the amount of $18,270 by Change Order No. Y on or about March 9, 2000; and WHEREAS, Prewitt has been paid the total sum of $103,915; and R , Prewitt walked off and abandoned the Project Site on or about the day of , 2000 and has filed for protection under the Federal Bankruptcy Laws; and WREPCEAS, the City and its representatives have been in contact with the surety, Amwest Surety Insurance Company (".Amwest") and its representative, Horizon Business Enterprises, Inc.; and RFAS, the City and its representatives and Amwest and its representatives have met on numerous occasions and discussed the various alternatives available to complete the electrical work under the Contract let to Prewitt; and WHEREAS, after considering all of the alternati7es available, the City and its representatives recommend that the Contract with Prewitt be terminated; that the Surety Company's offer of $56,275.00 pursuant to the Performance Bond, Bond No. Oct -13-00 11403m From -Boyle & Lowry 9726507105 T-893 P 005/006 F-095 ---7- and the payment to all materialmen and subcontractors who have filed against the Payment Bond, Bond No. :L15000938, aPProxiinately $43,448.00, be ��ccepted; and WHEREAS, it is critical that a Contract be approved to complete the electrical work, and it is necessary due to Possible damage to the project at contractor be retained immediately to that an electrical Preserve the Palace Theatre; and WMRFAS, it is recomended that the bidding requirements and yn enter into City waive all notice and competitive a contract with Dennis Electric ("Dennis") in an amount not to exceed $381,826, or with another reliable contractor in the not to exceed amount; and WIMR&A-S, the City is to Pursue all lawful claims for damages against Prewitt and any other party, NOW, THEREFORE, BE IT RESOLVE.By THE CITy COUNCIL 0 TBE D CITY OF GRAPENTE-jE; I S29t-041' That all matters stated in the Preamble are found to be e and correct and are incorporated into the body of this true entirety. resolution as if copied in their Section 2: That the City shall: (a) Terminate the Prewitt Contract. ('b) FOr3na11Y notify the Surety and accept the Suretys offer of $56,275 as Payment in full on the Performance bond, with the acknowledgment of the Surety to Pay pursuant to the Payment Bond all timely filed claims for labor and material in the approximate amount of $43,448. (c) Enter into a Contract with Dennis in an amount not to exceed $381,826 to complete the electrical work on the Palace Project, provided Dennis provide Performance and Payment security in the amount Of 100% of the Principal amount Of the Contract and agree to Provide maintenance security, with all security being satisfactory to the City Manager and City Attorney, or to enter into a Contract with a responsible electrical contractor in cal security. an amount not to exceed $381,826 and the requisite (d) That the City is directed to pursue Prewitt or any other Party responsible N E Oct -13-00 11 -.00am From -Boyle & Lowry 972650TI05 T-893 P-006/006 F-095 a— DRAFT for any damages City suffers as a result of the termination of the Prewitt agreement. That this resolution shall take effect from and after its passage. City Secretary, Linda Huff City Attorney, John F. Boyle, Jr, D:\G-PA--ine\gv-fetolutions\gv.ms palgee theatre project -pd 3 Mayor, William D. Tate