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HomeMy WebLinkAboutRES 2000-068 RESOLUTION NO. 2000-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, CURTAILING AND MODIFYING ITS CONTRACT WITH AMEX COST CONSULTANTS, INC. FOR THE CONSTRUCTION OF FIRE STATION NO. 5; FINDING AND DECLARING AN EMERGENCY TO COMPLETE THE NECESSARY CONSTRUCTION WORK; AUTHORIZING EXPENDITURES FOR THE COMPLETION OF SAID WORK; AWARDING A CONTRACT AND DECLARING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine approved a contract, after completing the statutory competitive bidding requirements, with Amex Cost Consultants, Inc. ("Amex"), in the amount of $894,371.00 for the construction of Fire Station No. 5 (the "Work"); and WHEREAS, the estimated substantial completion date agreed to by Amex for the Work was March 19, 2000; and WHEREAS, Amex did not substantially complete the Work in a timely manner and has not completed its contractual obligations to date; and WHEREAS, the City is experiencing direct and actual damages due to the delay in completion in the form of extended architectural services, and increased contractual expenses on City contracts due to rebidding or rescheduling of services, and other damages and expenses; and WHEREAS, delays by Amex in the completion of the Work and the associated damages continue to mount each week the Work is not complete; and WHEREAS services and materials purchases related to the completion of the Work must be accomplished expeditiously in order to complete the Work in as timely a manner as possible, and if not accomplished expeditiously will result in a greater expense and damage to the taxpayers of the City; and WHEREAS, the delays in the completion of the Work negatively affect the City's ability to provide emergency fire and medical services; and WHEREAS, the City Council finds and concludes that an emergency exists that requires the immediate appropriation of funds to preserve the property of the City, to protect the public health and safety of the City's residents and to preserve the safety of the City and its citizens; and WHEREAS, this emergency obligates the City to complete the Work in the most efficient, economical manner; and WHEREAS, the City Council finds and concludes that the citizens are best served by the City completing the Work without the necessity of accepting additional competitive bids pursuant to Chapter 252, Texas Local Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, THAT: Section 1. That all matters in the preamble are found to be true and correct and are incorporated into the body of this resolution. Section 2. The City's contract with Amex Cost Consultants, Inc. is hereby curtailed immediately and modified, after Amex voluntarily defaulted in writing and agreed with City's curtailment and modification of Work, effective December 13, 2000. Section 3. That the City Manager, or his designee, is authorized to expend up to a total amount not to exceed $100,000.00 to complete the work on Fire Station No. 5. Section 4. That the City Manager, or his designee, is authorized to enter into an agreement for the completion of the interior work with Vandel & Overstreet, Construction, Inc. in an amount not to exceed $79,050.00. Section 5. This resolution shall take effect from and after its date of passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of December, 2000. APPROVED: William D. Tate Mayor ATTEST: Lin•a Huff City Secretary RES. NO. 2000-68 2 APPROVED AS TO FORM: Matthew Boyle City Attorney RES. NO. 2000-68 3