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:
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FAYETTEVILLE;
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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