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HomeMy WebLinkAbout31-21 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 31-21 File Number: 2021-0005 AIRPORT BEACON AND WIND CONES PROJECT: A RESOLUTION TO AUTHORIZE THE ISSUANCE OF TWO-PARTY CHECKS ON THE AIRPORT BEACON AND WIND CONES PROJECT TO ENSURE THE PROJECT'S SUB -CONTRACTORS RECEIVE COMPENSATION FOR THEIR WORK WHEREAS, on February 4, 2020, the City Council approved Resolution 45-20 authorizing a contract with H&H Electric, Inc. for the airport Beacon and Wind Cones Project; and WHEREAS, upon substantial completion of the project, the final payment was held due to a notice of nonpayment from one of the sub -contractors; and WHEREAS, the City and its project engineer, Garver, LLC, confirmed that the project's final completion date was December 7, 2020; and WHEREAS, Auto -Owners Insurance Company, which is the surety on the project, has now requested that the City issue final payments on the project to H&H Electric and its subcontractors jointly or to H&H Electric and its surety jointly. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the issuance of joint checks to the parties involved in the Airport Beacon and Wind Cones Project including H&H Electric, Inc., its verified subcontractors, and Auto -Owners Insurance Company as surety, to ensure the project's sub -contractors receive compensation for their work. Page 1 Printed on 1120121 Resolution: 31-21 File Number: 2021-0005 PASSED and APPROVED on 1/19/2021 Attest: cW—) ►►►►,, OF SG it �r�. •;vim' FAYETTEVILLE; �'.�'S' • AND • •�z`�. �114;; ;il `,````�� Page 2 Printed on 1120121 City of Fayetteville, Arkansas 113 West Mountain Street ^� �, Fayetteville, AR 72701 (479) 575-8323 I Text File File Number: 2021-0005 Agenda Date: 1/19/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.3 AIRPORT BEACON AND WIND CONES PROJECT: A RESOLUTION TO AUTHORIZE THE ISSUANCE OF TWO-PARTY CHECKS ON THE AIRPORT BEACON AND WIND CONES PROJECT TO ENSURE THE PROJECT'S SUB -CONTRACTORS RECEIVE COMPENSATION FOR THEIR WORK WHEREAS, on February 4, 2020, the City Council approved Resolution 45-20 authorizing a contract with H&H Electric, Inc. for the airport Beacon and Wind Cones Project; and WHEREAS, upon substantial completion of the project, the final payment was held due to a notice of nonpayment from one of the sub -contractors; and WHEREAS, the City and its project engineer, Garver, LLC, confirmed that the project's final completion date was December 7, 2020; and WHEREAS, Auto -Owners Insurance Company, which is the surety on the project, has now requested that the City issue final payments on the project to H&H Electric and its subcontractors jointly or to H&H Electric and its surety jointly. NOW, THEREFORE, BE IT RESOLVED BV THE CITY COUNCIL OF THE CITY OF FAVETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the issuance of joint checks to the parties involved in the Airport Beacon and Wind Cones Project including H&H Electric, Inc., its verified subcontractors, and Auto -Owners Insurance Company as surety, to ensure the project's sub -contractors receive compensation for their work. City of Fayetteville, Arkansas Page 1 Printed on 112012021 City of Fayetteville Staff Review Form 2021-0005 Legistar File ID 1/19/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Summer Fallen 1/4/2021 AIRPORT SERVICES (760) Submitted By Submitted Date Division / Department Action Recommendation: Staff requests a resolution authorizing joint checks to H&H Inc., and their sub -contactor pursuant to the direction of their bond company. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Airport Fund Beacon/Windcone Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title �$ - $ V20180321 Purchase Order Number: 2020-0262 Previous Ordinance or Resolution # 45-20 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 19T", 2021 TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Staff/Contract Review Committee FROM: Summer Fallen, Airport Services Manager DATE: January 4, 2021 SUBJECT: H&H Inc., Payment Request CITY COUNCIL MEMO RECOMMENDATION: Staff requests approval for the Aviation Division to approve a resolution authorizing joint checks to H&H and their sub -contractors pursuant to the direction of their bond company. BACKGROUND: Resolution 45-20 authorized a contract with H&H Inc,. for the construction of the Airport's Beacon and Windcone project. Upon substantial completion the final payment was held due to the notice of non- payment from one of the sub -contractors. The surety was then contracted, and the City has been given notice to issue payment to both H&H and the sub-contractor(s) that have yet to be paid. DISCUSSION: This authorization will allow the Airport and City to ensure that all parties receive payment for the work completed. BUDGET/STAFF IMPACT: Attachments: Staff Review Form City Council Memo Resolution 45-20 Surety Communication Documents (2) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 45-20 File Number: 2020-0050 BID #19-63 H&H ELECTRIC, INC.: A RESOLUTION TO AWARD BID #19-63 AND AUTHORIZE A CONTRACT WITH H&H ELECTRIC, INC. IN THE AMOUNT OF $362,225.00 FOR THE BEACON AND WIND CONES PROJECT AT THE AIRPORT, TO APPROVE CHANGE ORDER NO. 1 TO CHANGE THE LOCATION OF THE POWER SUPPLY FOR THE PROPOSED BEACON AND REDUCE THE CONSTRUCTION COST TO $281,550.00, TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING AN 80-20 GRANT RECEIVED FROM THE ADA, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $31,250.00 WHEREAS, on February 19, 2019, the City Council approved Resolution No. 46-19 which authorized the application for and acceptance of an 80/20 matching grant from the Arkansas Department of Aeronautics for the construction of the Beacon and Wind Cones Project at the Airport and the City was notified that it was awarded funding in the amount of $250,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #19-63, authorizes Mayor Jordan to sign a contract with H&H Electric, Inc. in the amount of $362,225.00 for the Beacon and Wind Cones Project at the airport, approves Change Order No. I to the contract reflecting the location change of the power supply for the proposed beacon and reducing the total contract amount to $281,550.00, and further approves a project contingency in the amount of $31,250.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget Page f Printed on 2/6/20 Fite Number. 2020-0050 Resolution 45-20 adjustment, a copy of which is attached to this Resolution, recognizing the Arkansas Department of Aeronautics grant funds in the amount of $250,000.00. PASSED and APPROVED on 2/4/2020 Attest: i `�'�.•' CITy •.Fy' Kara Paxton, City Clerk Treasured ti. AIr �",TON C0v Page 2 Primed on 2/6/20 H V X1 HOLLOWAY• MONAGHAN • KING Attorneys and Counselors An Association of Professional Corporations December 23, 2020 VIA E-MAIL AND FIRST CLASS MAIL Hughey & Phillips Airfield Lighting bmiller@hugheyandphillips.com Attn: Bruce Miller 4201 NW 124th Avenue Coral Springs, FL 33065 Re: Our Client: Principal: Bond. No.: Obligee: Claim No.: Project: Dear Mr. Miller, Auto -Owners Insurance Company H & H Electric, Inc. 66343355 City of Fayetteville, Arkansas 70-15-2020 Drake Field This Law Firm is assisting Auto -Owners Insurance Company ("Auto -Owners") in the above matter. Auto -Owners has received your e-mail to Garver Engineering dated December 22, 2020 in which you indicated that your company, Hughey & Phillips Airfield Lighting ("Hughey & Phillips") had not been paid in full on the above project. Auto -Owners understands your company is asserting a claim against the payment bond issued by Auto -Owners naming H&H Electric, Inc. ("H&H") as Principal ("Payment Bond") related to the above Included in the e-mail were copies of two (2) invoices from Hughey & Phillips to H&H. Auto -Owners does not require a formal claim form and your e-mail constitutes the claim. In order for Auto -Owners to properly evaluate your client's claim, Auto -Owners requests additional documentation. This documentation should include, to the extent that it exists, copies of: 1. All contracts; 2. All sub -contracts; 3. Purchase Orders; 4. Other agreements between the H&H and Hughey & Phillips; 5. Copies of all Requests for Payment; 6. Evidence of payments made by H&H or other parties, related to the Project; 7. Delivery tickets; 4111 SOUTH DARLINGTON - SUITE 900 TULSA, OKLAHOMA 74135-6330 (918) 627-6202 - (918) 627-6265 FAX E-Mail - bwarrick@hmkoklaw.com 8. Bills of lading; 9. Invoices; 10. Statements of account; 11. Lien claims; 12. Notices of intent to lien; 13. Lien Waivers; 14. Sworn statements of account; 15. Statutory notices for non-payment, including all notices of claim sent to the contractor; 16. Contractor's sworn affidavits and architect Certificates for Payment; 17. The dates on which any materials that were provided by Hughey & Phillips; 18. Copies of all relevant documentation and correspondence between Hughey & Phillips and H&H. This information should be sent to me at the address listed at the bottom on the first page of this letter via U.S. Mail or e-mail. By a copy of this letter to H&H's counsel, B.J. Walker and David Powell, Auto -Owners is seeking input from H&H and may review the documentation you provide with H&H, or other parties involved in the Project. Please be aware that Auto -Owners reserves its right to request additional documentation. In the event that H&H, or another party on behalf of H&H, pays any additional amounts to you, Auto -Owners requests to be informed of those payments. Please be advised that this letter is written for investigatory purposes only. It should not be construed by you, as an admission of liability or a promise to pay your company's claim in all or in part. Activities of Auto -Owners and its agents are undertaken with a full reservation of Auto - Owners' rights and defenses under the terms of its bond, the contract, and the law. This reservation of rights shall remain in full force and effect unless expressly revoked in writing by Auto -Owners. Thank you for your attention to this matter. Should you have any questions, please feel free to contact me at the address or telephone number listed above. Yours very truly, HOLL Y-MONAGHAN-KING W. Brant Warrick cc: Auto -Owners Kit Williams via email Andrea Foren via email David Powell via email B.J. Walker via email HMK HOLLOWAY• MONAGHAN • KING Attornevs and Counselors An Association of Professional Corporations December 18, 2020 VIA EMAIL AND FIRST CLASS MAIL Andrea Foren- Purchasing Manager City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 Re: Bond. No.: Obligee: Claim No.: Project: Dear Ms. Foren, 66343355 City of Fayetteville, Arkansas 70-15-2020 Drake Field aforen@fayetteville-ar-gov This Law Firm is assisting Auto -Owners Insurance Company ("Auto -Owners") in its review of claims against the bond on the above project. Please direct all further correspondence on this matter to me at the address or email address listed below. Auto -Owners has received two claims against the Payment Bond on the above project and has received your emails of yesterday. Auto -Owners is reviewing those claims and your emails regarding the contract balances on the project. Auto -Owners is also requesting input from H&H Electric through its counsel. In order to induce Auto -Owners to execute bonds naming it as principal, including the bonds on the above project, H&H Electric, among other things, signed a General Agreement of Indemnity in favor of Auto -Owners which in part assigned to Auto -Owners the contract funds on this project as collateral security. While Auto -Owners is reviewing this matter, we request that any additional payments of the contract balances be made only upon the express written consent by Auto -Owners through this law firm. As we review this matter, please let me know if I should continue to direct future correspondence to you, to Adam White at Garver Engineering, or through Kit Williams. 4111 SOUTH DARLINGTON - SUITE 900 TULSA, OKLAHOMA 74135-6330 (918) 627-6202 - (918) 627-6265 FAX E-Mail - bwanickChmkoklaw.com City of Fayetteville, Arkansas Andrea Foren December 18, 2020 Page 2 I am, at this time, requesting a copy of the City of Fayetteville's contract with H&H Electric, including the incorporated general and special conditions, and copies of all pay request that H&H Electric has submitted. Please be advised that this letter is written for investigatory purposes only. It should not be construed by you as an admission of liability or a promise to pay any claim in all or in part. Activities of Auto -Owners and its agents are undertaken with a full reservation of Auto -Owners' rights and defenses under the terms of its bond, the contract, the General Agreement of Indemnity, in law or equity. This reservation of rights shall remain in full force and effect unless expressly revoked in writing by Auto -Owners. Thank you for your attention to this matter. Should you have any questions, please feel free to contact me at the address or telephone number listed above. Yours very truly, HOLL -MONA ING W. Brant Warrick WBW cc: Auto -Owners Kit Williams city_attorney@fayetteville-ar.gov David Powell dpowell@roselawfirm.com B.J. Walker bwalker@roselawfirm.com MONTHLY INVOICE PREPARED BY GARVER PROJECT NAME FYV Windcones and Beacon INVOICE NUMBER: 4 - 2QZD ADA Grant No. 3775-19 FROM: 10/01I20 OWNER City of Fayetteville 113 West Mountain Street TO: 11/10120 Fayetteville, Arkansas 72701 GARVER PROJECT NUMBER: 19A13211 CONTRACTOR: H&H Electric, Inc. 158 Technic Circle CONTRACT COMPLETION DATE: Tentative 12/4/20 Hot Springs, AR 71901 DATE WORK BEGAN: 06/17/20 CONTRACT DATE: February 4, 2020 SUBSTANTIAL COMPLETION: 11/11/20 CONTRACT AMOUNT: CONSTRUCTION TIME: ORIGINAL: $ 362,225.00 ALLOTTED: 35 Calendar Days CHANGE ORDERS: $ (93.388.00) SUSPENDED: 106 Calendar Days REVISED: $ 268,837.00 USED: 41 Calendar Days 100% of Contract Amount Used To -date 117% of Contract Time Used To -Date Weather Time Added This Invoice 0 Total Weather Time To Date 0 Other Delays Claimed This Invoice 0 Total Other Delays To Date 0 CERTIFICATION, RECOMMENDATION, & APPROVAL The undersigned Contractor certifies that: (1) all previous progress payments received from Owner on account of Work done under the Contract referred to above have been applied on account to discharge Contractors legitimate obligations incurred in connection with the Work covered by all prior Applications for Payment; (2) title of all Work, materials and equipment incorporated into said Work or otherwise listed in or covered by the Application for Payment will pass to Owner at time of payment free and dear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Lien, security interest or encumbrance); (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; (4) all contract labor standards requirements have been complied with by Contractor and by each subcontractor employing mechanics or laborers at the site of the work; and (5) the quantities shown on the attached Unit Price Schedule reflect the quantities complete at the dosing date of this invoice period. Certified By: CONTRACTOR: H&H Electric, Inc. Date: Recommended By: ENGINEER: Garver — By: Date: 11 2/7/020 Approval for Payment OWNER: ,City of a)p evil / Approved Date: Total Amount of Work Done $ 268, 837.00 Plus Materials Stored $ - TOTAL $ 268,837.00 Less Retainage (0% of Total Amount of Work Done) $ - Difference $ 268,837.00 Less Previous Payments $ 156,141.86 AMOUNT DUE ON CONTRACT THIS INVOICE $ 112,695.14 2020-11-10 Pay Estimate 04 Job No. 19A73211.Asm Page 1 of 3 WORK COMPLETED TO -DATE INVOICE NUMBER: 4 r Y'., YtiNDCONES AND BEACON TO: 11110/20 ORIGINAL REVISED QUANTITY AMOUNT ITEM CONTRACT UNIT CONTRACT THIS THIS QUANTITY AMOUNT NUMBER DESCRIPTION UNIT QUANTITY PRICE QUANTITY INVOICE INVOICE TO -DATE TO -DATE C-105.6.1 Mobilization (Max 5% of Total Bid) LS ------ 1.00 $ --.._._._._..- 15,000.00 1.D0 0.25 $ 3,750.00 1.00 $ 15,000.00 SS-12D-3.1 Construction Safety and Security LS 1.00 $ 300.00 1.00 1.00 $ 300.00 1.00 $ 300.00 $S 300 5.1 LockoutlTegout end Constant Current Regulator - Calibration Procedures LS 1.00 $ 500.00 1.00 1.00 $ 500.00 1.00 $ 500.00 SS-300.5.2 Electrical Vault Modifications LS 1.00 $ 3,000.00 0.00 0.00 $ - 0.00 $ - SS-301-5.1 Existing Wind Cone and Foundation, Removed ..... ........ ........ ......_ _ .._ ..._.._ . ... _... ........ EA . _ ... 2.00 $ 3,600.00 0.00 0.00 $. 0.00 $' SS•301-5.2 ExlsBng Beacon, Disconnected _ EA ....... ,........... 1.00 $ ._...........--- 1,500.00 ..... ... _.... .......... ...... ... 1.00 _ 0.00 $ _--_......... - _ _ .. _ .... _...... 1.00 ,$ 1,500.06 ___._.__--.-.-- SS-305-5.1 -----__._..--------._._._..__._-_._---.-____._-__• Directional Boring, 2-Way 2"C Polyethylene Conduit _ - - - _.... ----._..-. ------------ ..__.-_.___.----__ LF ...__..._ .----- 200.00 $ _.._.._..-- ----- _-._.__.. 206.00 -------------- _ ...____ 0.00 ----- _�--• --------_--- 0.00 $ - __-__ -__.- 0.00 $ _ .._ .. SS307-5.1 Beacon Radio Control System - LS 1.00 $ 6,000.00 _.._..---- ---- 1.00 --------- ...... 1.00 $ .... ..---- 5,000.00 ...-...... ...._._.. 1.00 $ ....... 5,000.00 L-101-5.1 L-802A, Airport Rotating Beacon, In Place EA -1.00 $ 19,500.00 - 1.00 1.00 $ 19,500.00 1.00 $ 19,500.00 L-101-5.2 ._. - Beacon Baffle, installed LS 1.00 $ 2,600.00 1.00 1.00 $ 2,600.00 1.00 $ 2,500.00 L-103 5.1 106 Monopole Beacon Tower and Foundation, in Place �- EA 1.00 $ 117,600.00 Y 1.00 0.65 $ 76,375.00 1.00 $ 117,500.00 L-107-5.1 Foundation, Style 1la Size 21Nind Cone and Foundation, (n Place EA 1.00 $ 25,0W.00 1.00 0.06 $ 1,260.00 --------- 1.00 $ 26,000.00 L-107-5.2 L-806(L), Style 1-B, Size tB, Size 1 Wind Cone and Foundation, in Place _._._____..-............. EA -.,___ ..... 1.00 $ _.-..._......__....._. 21,800.00 __.__ 1.00 __. .. .. 0.06 $ 1,090.00 1.00 $ 21,800.00 L-107-6.3 Segmented Circle Marker System, in Place EA 1.00 $ 22.000.00 1.00 0.00 $ __---- - 1.00 $ _ _...._ 22.000.00 L-108.5.1 No. 8 AWO, 5-W, L-824, Type C Cable - Installed in Trench, Duct Bank or Condult _ --- --LF �9,000.00 $ 1.50 -2,316.00 0.00 $ 2,316.00 S 3,474.00 No. 6 AWG, Solid, Bare Copper Counterpoise IL-108.5.2 Wre, Installed Above the Duct Bank or Conduit, LF 2,750.00 $ 1.50 782.00 0.00 $ 782.00 $ 1.173.00 Including Connections/Terminations L-110 5.1 Non-EncasedElectrical Conduit, 1-Way 2-Inch C LF A 2.250.00 $ 20.00 -782.00 0.00 $ 782.00 $ 15,640.00 L•115.5.1 Electrical Junction Structure, L-867 Class 1, Size 16"Diameter by 24" Oepth _ _.--- EA 8.00 $ 1,100.00 0.00 0.00 .$ 0.00 $ _...._.. SP-C-00 Bonds and Insurance LS - 1.00 $ ,--_ 9,000.00 - 1.00 _ �'---_ 0.00 $ _ 1.00 $ 9,000.00 CO.01.01 Core into Existing Taxiway Can T» EA ^ 0.00 $ 200.00 2.00 0.00 $ - 2.00 $ 400.00 CO-01.012 Electrical Rack Construction LS 0.00 $ 8.660.00 1.00 0.10 $ 855.D0 1.00 $ 8,550.00 TOTALS $ '111,120.00 $ 268.837.00 2020-11-10 Pay Estimate 04 Job No. 19A13211.xism Page 2 of 3 MATERIALS STORED FYV VVINDCONES AND BEACON INVOICE NUMBER: 4 TO: 11 /10/20 DESCRIPTION UNIT QUANTITY $AMOUNT QUANTITY $AMOUNT BALANCE COMPANY NAME OF STORED MATERIAL INVOICE NO. UNIT PRICE STORED STORED INSTALLED INSTALLED REMAINING H&H Electric, Inc. L-802A, Airport Rotating Beacon In Place 1 LS $e 310.71 1.0000 6,310.71 1.00 6,310.71 0.00 TOTAL 6.310.71 6,310.71 0.00 2020-11-10 Pay Estimate 04 Job No. 19A13211.xism Page 3 of 3