HomeMy WebLinkAbout70-24 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 70-24
File Number: 2024-1710
JBZ, INC. (SERVICE CONTRACT):
A RESOLUTION TO AWARD BID #23-47 AND AUTHORIZE A CONTRACT WITH JBZ, INC. D/B/A
ELLINGSON CONTRACTING IN THE AMOUNT OF $733,746.00 FOR THE STABILIZATION OF THE PORTER
WAREHOUSE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $35,000.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section I : That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #23-47 and authorizes Mayor
Jordan to sign a contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $733,746.00 for the stabilization
of the Porter Warehouse, and further approves a project contingency in the amount of $35,000.00.
PASSED and APPROVED on February 20, 2024
Page 1
TRF�
•G�� Y p,�. •SG���
-'; FAYETTFVILLr. ;
7'•� '9 CO : ~:
P•
%; s AN .. ��.
�iyj'•...••-OJT`
CITY OF CITY COUNCIL MEMO
FAYETTEVILLE
ARKANSAS 2024-1710
MEETING OF FEBRUARY 20, 2024
TO: Mayor Jordan and City Council
THRU:
FROM: Waylon Abernathy, Bond Projects & Construction Dir
SUBJECT: Bid 23-47 Construction Contract with JBZ Icn. dba Ellingson Contracting for Porter
Warehouse Stabilization and approve a project contingency.
RECOMMENDATION:
Approval of Bid 23-47 Construction Contract with JBZ, Inc. dba Ellingson Contracting for the stabilization of the
Porter Warehouse in the amount of $733,746.00 and a project contingency in the amount of $35,000.00.
BACKGROUND:
In 2019, Revival Architecture provided a building condition assessment, a historical report, and temporary
stabilization drawings.
That same year, facilities staff procured vendors to provide those stabilization measures.
In 2020, the building was placed on the Historical Register.
In 2023, Revival Architect Contract 2023-32 was amended to provide bid documents and bid assistance for the
Masonary Stabilization Project.
DISCUSSION:
On December 10, 2023, Purchasing received bids for the Porter Warehouse stabilization. JBZ, d/b/a Ellingson
Contracting was selected based on their qualifications related to historical structures, and their proposed cost
associated with the work. Ellingson completed the Woolsey Farmhouse reconstruction. We were pleased with
their quality and performance.
The scope of work on this project includes foundation stabilization, remove and reconstruct the masonry wall
with existing brick, tuckpoint south and west masonry walls. New exterior doors, windows and louvers, roof
beam supports, and new entry stairs.
BUDGET/STAFF IMPACT:
Approved Capital Funds from 4470.090.8900-5400.00 Building and Grounds, 20001.1 Porter Warehouse
Stabilization.
ATTACHMENTS: SRF (#3), Bid 23-47 Contract (#4), Bid 23-47, Submittal - Ellingson Contracting (JBZ, Inc) -
E (#5), Bid 23-47, Appendix C - Bid Tab (#6)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2024-1710
Bid 23-47 Construction Contract with JBZ Icn. dba Ellingson Contracting for Porter Warehouse
Stabilization and approve a project contingency.
A RESOLUTION TO AWARD BID #23-47 AND AUTHORIZE A CONTRACT WITH JBZ, INC.
D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $733,746.00 FOR THE
STABILIZATION OF THE PORTER WAREHOUSE, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $35,000.00
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 #23-47 and
authorizes Mayor Jordan to sign a contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of
$733,746.00 for the stabilization of the Porter Warehouse, and further approves a project contingency in
the amount of $35,000.00.
Page 1
City of Fayetteville Staff Review Form
2024-1710
Item ID
2/20/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Wade Abernathy 1/30/2024 FACILITIES MANAGEMENT (140)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of Bid 23-47 Construction Contract with JBZ Inc., dba Ellingson Construction for the Porter Warehouse
Stabilization in the amount of $733,746.00 and approve a project Contingency in the amount of $35,000.
Budget Impact:
4470.090.8900-5400.00 Building and Grounds Maintenance
Account Number Fund
20001 Portar Warehouse Stabilization
Project Number Project Title
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
$ 835, 600.00
835,bU0.00
$ 768,745.00
66,855.00
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
Contract for Services
Construction — Porter Warehouse Stabilization
Contractor: JBZ, Inc. dba Ellingson Contracting
Term: Single Project
THIS AGREEMENT (Contract) is made this 20 day of February , 2024, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and JBZ, Inc. dba
Ellingson Contracting (CONTRACTOR or ELLINGSON).
CITY OF FAYETTEVILLE from time to time requires professional construction services in connection with construction
projects. Therefore, CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of their mutual covenants, agree as
follows:
Work performed by CONTRACTOR shall be performed under valid, active, current license with the Arkansas Contractor's
Licensing Board. CONTRACTOR shall follow all federal, state, and local laws at all times.
1. Contracted parties and relationship:
a. This agreement shall be binding between all parties. Fees shall be provided as identified in appendices.
i. ELLINGSON's Tax identification number (TIN) ending in 8929
ii. ELLINGSON's Arkansas Contractor License No. 0324340324
iii. ELLINGSON's Secretary of State Filing No. 800184726
b. Parties agree to act on the basis of mutual trust, good faith, and fair dealing, and perform in a fiscally
responsible and timely manner. Parties shall each endeavor to promote harmony and cooperation
among all Project participants.
2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the
parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions,
representations or warranties with respect to the subject matter of this Agreement other than those as expressly
provided herein.
a. Appendices included under this agreement include the following:
Appendix A: City Issued Bid identified as Bid 23-47, Construction — Porter Warehouse Stabilization
with the specifications and conditions typed thereon inclusive of all bidding documents, plans and
drawings, and issued addenda.
ii. Appendix B: ELLINGSON's Bid Submittal
iii. Appendix C: Bid Tabulation
iv. Appendix D: ELLINGSON's Certificate of Insurance
v. Appendix E: ELLINGSON's 100% Performance and Payment Bonds
1. Appendix D and E shall be submitted to the CITY within the timeframe identified in the
bid documents or 10 (ten) calendar days.
b. This agreement may be modified only by a duly executed written instrument signed by the CITY and
CONTRACTOR.
c. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract
Documents, the documents shall govern in the following order: (a) Change Orders and written
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 1 of 19
City of Fayetteville, AR
amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) ELLINGSON's
Proposal (d) City's published bid and associated Addenda.
3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the
following addresses:
a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701
b. Contractor: JBZ, Inc. dba Ellingson Contracting, 108 E. University St., Siloam Springs, AR 72761
4. Definitions:
a. Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or
trade meanings shall be interpreted in accordance with their well-known meanings.
b. "Business Day' means all Days, except weekends and official federal or state holidays where the Project is
located.
c. A "Change Order' is a written order signed by all Parties after execution of this Agreement, indicating
changes in the scope of the Work, and Date of Substantial Completion or Date of Final Completion.
d. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to
achieve Final Completion.
e. The "Contractor" is the person or entity identified in this contract and includes Contractor's
Representative.
f. "Cost of the Work" means the total costs and discounts charged to the City.
g. "Day' means a calendar day unless otherwise specified.
h. "Defective Work" is any portion of the Work that that does not conform with the requirements of the
Contract Documents.
i. "Design Professional" means the licensed architect or engineer retained by the City and its
subconsultants, to perform design or engineering services for the Project.
j. "Final Completion" occurs on the date when Contractor's obligations under this Agreement are complete
and accepted by City and final payment becomes due and payable. This date shall be confirmed by a
Certificate of Final Completion signed by all Parties.
k. "Hazardous Material" is any substance or material identified now or in the future as hazardous under the
Law, or any other substance or material that may be considered hazardous or otherwise subject to
statutory or regulatory requirement governing handling, disposal, or cleanup.
I. "Interim Directive" is a written order containing change to the Work directed by and in consultation with
City and Design Professional after execution of this Agreement and before Substantial Completion.
Interim Directives shall be consolidated and formalized in a change order to be signed by all parties.
m. "Law" means federal, state, constitutional, or local laws, ordinances, codes, rules, and regulations
applicable to the Work with which Contractor must comply that are enacted as of the Agreement date.
n. "Others" means City's other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, sub
subcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or
any by any of them or for whose acts any of them may be liable.
o. "Overhead" means (a) payroll costs, burden, and other compensation of Contractor's employees in
Contractor's principal and branch offices for work associated with this project.
p. "Owner" is the City of Fayetteville, Arkansas (City).
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 2 of 19
City of Fayetteville, AR
q. The "Owner's Program" is an initial description of Owner's objectives, including budgetary and time
criteria, space requirements and relationships, flexibility and expandability requirements, special
equipment and systems, site requirements, and any requirements for phased occupancy.
r. The "Parties" are collectively City and Contractor.
s. The "Project," is the building, facility, or other improvements for which Contractor is to perform Work
under this Agreement. It may also include construction by Owner or Others.
t. The "Schedule of the Work" is the document prepared by Contractor that specifies the dates on which
Contractor plans to begin and complete various parts of the Work, including dates on which information
and approvals are required from City.
u. "Subcontractor" is a person or entity retained by Contractor as an independent contractor to provide the
labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term
Subcontractor does not include Design Professional or Others.
v. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is
sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the
Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This
date shall be confirmed by a certificate of Substantial Completion signed by all Parties.
w. A "Sub subcontractor" is a person or entity who has an agreement with a Subcontractor or another sub
subcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or
equipment.
x. A "Supplier" is a person or entity retained by Contractor to provide material or equipment for the Work.
y. "Terrorism" means a violent act, or an act that is dangerous to human life, property, or infrastructure,
that is committed by an individual or individuals and that appears to be part of an effort to coerce a
civilian population or to influence the policy or affect the conduct of any government by coercion.
Terrorism includes, but is not limited to, any act certified by the United States government as an act of
terrorism pursuant to the Terrorism Risk Insurance Act, as amended.
z. "Work" means the construction services necessary or incidental to fulfill Contractor's obligations for the
Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer
to the whole Project or only a part of the Project if work is also being performed by Owner or Others.
aa. "Worksite" means the area of the Project where the Work is to be performed.
bb. "Bi-monthly basis" means every fourteen to sixteen calendar days.
5. General Provisions:
a. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly disclose
to any other party any conflicts that may arise. All parties warrant that it has not and shall not pay or
receive any contingent fees or gratuities to or from any other party, including agents, officer's employers,
Subcontractors, Sub subcontractors, Suppliers, Volunteers, Elected Officials, or Others to secure
preferential treatment.
b. WORKMANSHIP: The Work shall be executed in accordance with the Contract Documents. All materials
used in the Work shall be furnished in sufficient quantities to facilitate the proper and expeditious
execution of the Work and shall be new except as otherwise provided in the Contract Documents.
c. MATERIALS FURNISHED BY CITY OR OTHERS: If the Work includes installation of materials or equipment
furnished by CITY or Others, it shall be the responsibility of the CONTRACTOR to examine the items so
provided and thereupon handle, store, and install the items, unless otherwise provided in the Contract
Documents, with such skill and care as to provide a satisfactory and proper installation. Loss or damage
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 3 of 19
City of Fayetteville, AR
due to acts or omissions of the CONTRACTOR shall be the responsibility of CONTRACTOR and may be
deducted from any amounts due or to become due. Any defects discovered in such materials or
equipment shall be reported at once to the CITY and the CITY's contracted third -party Design
Professional. Following receipt of written notice from CONTRACTOR of defects, CITY and Design
Professional shall promptly inform the CITY what action, if any, CONTRACTOR shall take with regard to the
defects.
d. WORKSITE VISIT: CONTRACTOR acknowledges that they have visited, or has had the opportunity to visit,
the Worksite to visually inspect the general and local conditions which could affect the Work.
e. CONTRACTOR shall perform all duties and responsibilities necessary to coordinate the various parts of the
Work and to prepare its Work for the work of CITY or Others.
f. Cutting, patching, or altering the work of CITY or Others shall be done with the prior written approval of
CITY and Design Professional. Such approval shall not be unreasonably withheld.
g. COMPLIANCE WITH LAWS: CONTRACTOR shall comply with all laws at their own cost. CONTRACTOR shall
be liable to CITY for all loss, cost, or expense attributable to any acts or omissions by CONTRACTOR, its
employees, subcontractors, suppliers, and agents for failure to comply with laws, including fines,
penalties, or corrective measures.
h. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to
the acts or omissions of CITY or Others and not to CONTRACTOR, CITY may either (a) promptly remedy
the damage or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c)
issue a Change Order to remedy the damage or loss. If CONTRACTOR incurs costs or is delayed due to
such loss or damage, CONTRACTOR may seek an equitable adjustment in the Cost of the Work, Date of
Substantial Completion or Date of Final Completion. Any equitable adjustment shall be approved by all
parties.
i. Taxes and Permits: CONTRACTOR shall give public authorities all notices required by law and shall obtain
and pay for all necessary permits, licenses, and renewals pertaining to the Work. CONTRACTOR shall
provide to CITY copies of all notices, permits, licenses, and renewals required under this Agreement.
i. CONTRACTOR shall pay applicable taxes and permit fees associated with the entire project.
j. DISCOUNTS: All discounts for prompt payment shall accrue to CITY. All trade discounts, rebates, and
refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the
Work, or directly to the CITY after final payment.
k. CITY may occupy or use completed or partially completed portions of the Work when (a) the portion of
the Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) consent to
the occupancy or use, and (c) public authorities authorize the occupancy or use. CONTRACTOR shall not
unreasonably withhold consent to partial occupancy or use.
I. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive benefit of all
Parties, and not the benefit of any third party. This Agreement represents the entire and integrated
agreement between the Parties, and supersedes all prior negotiations, representations, or agreements,
either written or oral. This Agreement and each and every provision is for the exclusive benefit of all
Parties and not for the benefit of any third party.
m. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this
Agreement without the written consent of the other Party. The terms and conditions of this Agreement
shall be binding upon all Parties, their partners, successors, assigns, and legal representatives. No Party
shall assign the Agreement without written consent of the other.
n. Where figures are given, they shall be preferred to scaled dimensions.
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 4 of 19
City of Fayetteville, AR
o. The drawings and specifications are complementary. If Work is shown only on one but not on the other,
CONTRACTOR shall perform the Work as though fully described on both. CONTRACTOR shall seek
clarification from the CITY or the CITY's third -party Design Professional for any discrepancies.
p. In case of conflicts between the drawings and specifications, the specifications shall govern unless
otherwise stated in the bidding documents. In any case of omissions or errors in figures, drawings, or
specifications, CONTRACTOR shall immediately submit the matter to CITY and Design Professional for
clarification. The CITY's clarifications are final and binding, which may include third -party Design
Professional content.
q. DEBARMENT AND SUSPENSION: By execution of this agreement, CONTRACTOR certifies that to the best
of its knowledge and belief that the CONTRACTOR and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
ii. Have not, within a three year period preceding this proposal, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of
this certification; and
iv. Have not within a three-year period preceding this application/proposal, had one or more public
transactions (Federal, State, or local) terminated for cause or default.
v. CONTRACTOR understands that a false statement on certification regarding debarment and
suspension may be grounds for rejection of this proposal or termination of the award. In addition,
under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a
similar certification for each subcontract awarded in excess of $50,000.
vi. Certifications for subcontracts or sub subcontracts executed under this agreement shall include
all language in this section.
6. Contract Document Review and Administration
a. Before commencing the Work, CONTRACTOR shall examine and compare the drawings and specifications
with information furnished by the CITY and Design Professional that are considered Contract Documents,
relevant field measurements made by CONTRACTOR, and any visible conditions at the Worksite affecting
the Work.
b. Should CONTRACTOR discover any errors, omissions, or inconsistencies in the Contract Documents,
CONTRACTOR shall promptly report them to the CITY and Design Professional. Following receipt of
written notice from CONTRACTOR of defects, City shall promptly inform CONTRACTOR what action, if any,
CONTRACTOR shall take with regard to the defect.
c. Nothing in this section shall relieve CONTRACTOR of responsibility for its own errors, inconsistencies, or
omissions.
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 5 of 19
City of Fayetteville, AR
7. Warranty
a. CONTRACTOR warrants all materials and equipment furnished under the Construction Phase of this
Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract
Documents, and free from defective workmanship and materials. At CITY or Design Professional request,
CONTRACTOR shall furnish satisfactory evidence of the quality and type of materials and equipment
furnished. CONTRACTOR further warrants all Work shall be free from material defects not intrinsic in the
design or materials required in the Contract Documents. CONTRACTOR's warranty does not include
remedies for defects or damages caused by normal wear and tear during normal usage beyond the
warranty period, use for a purpose for which the Project was not intended, improper or insufficient
maintenance, modifications performed by the CITY or others, or abuse. CONTRACTOR's warranty shall
commence on the Date of Final Completion of the Project.
b. To the extent products, equipment, systems, or materials incorporated in the Work are specified and
purchased by the CITY, they shall be covered exclusively by the warranty of the manufacturer. There are
no warranties which extend beyond the description on the face of any such warranty. For such
incorporated items, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF
MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY
DISCLAIMED.
c. CONTRACTOR shall obtain from its Subcontractors and Suppliers any special or extended warranties
required by the Contract Documents. CONTRACTOR 's liability for such warranties shall be limited to the
one-year correction period, as further defined in this Agreement. After that period CONTRACTOR shall
provide full and comprehensive assistance to the CITY in enforcing the obligations of Subcontractors or
Suppliers for such extended warranties.
d. Correction of Work
If before Substantial Completion or within two -years after the date of Final Completion of the
Work any Defective Work is found, CITY shall promptly notify CONTRACTOR in writing. Unless
CITY provides written acceptance of the condition, CONTRACTOR shall promptly correct the
Defective Work at its own cost and time and bear the expense of additional services required for
correction of any Defective Work for which it is responsible. If within the two-year correction
period CITY discovers and does not promptly notify CONTRACTOR or give CONTRACTOR an
opportunity to test or correct Defective Work as reasonably requested by CONTRACTOR, CITY
waives CONTRACTOR's obligation to correct that Defective Work as well as CITY's right to claim a
breach of the warranty with respect to that Defective Work.
ii. If CONTRACTOR fails to correct Defective Work within a reasonable time after receipt of written
notice from CITY before final payment, CITY may correct it in accordance with Owner's right to
carry out the Work. In such case, an appropriate Change Order shall be issued deducting the cost
of correcting the Defective Work from payments then or thereafter due CONTRACTOR. If
payments then or thereafter due CONTRACTOR are not sufficient to cover such amounts,
CONTRACTOR shall pay the difference to CITY.
iii. CONTRACTOR's obligations and liability, if any, with respect to any Defective Work discovered
after the two-year correction period shall be determined by the Law. If, after the two-year
correction period but before the applicable limitation period has expired, CITY discovers any
Work which CITY considers Defective Work, CITY shall, unless the Defective Work requires
emergency correction, promptly notify CONTRACTOR and allow CONTRACTOR an opportunity to
correct the Work if CONTRACTOR elects to do so. If CONTRACTOR elects to correct the Work, it
shall provide written notice of such intent within fourteen (14) Days of its receipt of notice from
CITY and shall complete the correction of Work within a mutually agreed timeframe. If
CONTRACTOR does not elect to correct the Work, CITY may have the Work corrected by itself or
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 6 of 19
City of Fayetteville, AR
Others, and, if CITY intends to seek recovery of those costs from CONTRACTOR, CITY shall
promptly provide CONTRACTOR with an accounting of the actual correction costs.
iv. If CONTRACTOR 's correction or removal of Defective Work causes damage to or destroys other
completed or partially completed work or existing building, CONTRACTOR shall be responsible for
the cost of correcting the destroyed or damaged property.
v. The two-year period for correction of Defective Work does not constitute a limitation period with
respect to the enforcement of CONTRACTOR's other obligations under the Contract Documents.
vi. Before final payment, at City option and with CONTRACTOR's agreement, CITY may elect to
accept Defective Work rather than require its removal and correction. In such cases the contract
shall be equitably adjusted for any diminution in the value, as determined by CITY, of the Project
caused by such Defective Work via formal written change order.
8. Safety of Persons and Property
a. SAFETY PROGRAMS: CONTRACTOR holds overall responsibility for safety programs. However, such
obligation does not relieve Subcontractors of their safety responsibilities and to comply with the Law.
CONTRACTOR shall prevent against injury, loss, or damage to persons or property by taking reasonable
steps to protect: (a) its employees and other persons at the Worksite; (b) materials and equipment stored
at onsite or offsite locations for use in performing the Work; and (c) property located at the Worksite and
adjacent to work areas, whether or not the property is part of the Worksite.
b. CONTRACTOR'S SAFETY REPRESENTATIVE: CONTRACTOR shall designate an individual at the Worksite in
its employ as its safety representative. Unless otherwise identified by CONTRACTOR in writing to CITY,
CONTRACTOR's project superintendent shall serve as its safety representative. CONTRACTOR shall report
promptly in writing all recordable accidents and injuries occurring at the Worksite. When CONTRACTOR is
required to file an accident report with a public authority, CONTRACTOR shall furnish a copy of the report
to CITY.
c. CONTRACTOR shall provide CITY with copies of all notices required of CONTRACTOR by the Law.
CONTRACTOR's safety program shall comply with the requirements of governmental and quasi -
governmental authorities having jurisdiction.
i. Damage or loss not insured under property insurance that may arise from the Work, to the extent
caused by negligent or intentionally wrongful acts or omissions of CONTRACTOR, or anyone for
whose acts CONTRACTOR may be liable, shall be promptly remedied by CONTRACTOR.
d. If CITY deems any part of the Work or Worksite unsafe, CITY, without assuming responsibility for
CONTRACTOR's safety program, may require CONTRACTOR to stop performance of the Work, take
corrective measures satisfactory to CITY. If CONTRACTOR does not adopt corrective measures, CITY may
perform them and deduct their cost from the final payment to CONTRACTOR. CONTRACTOR agrees to
make no claim for damages, or an increase in the final payment to CONTRACTOR, or for a change in the
Dates of Substantial or Final Completion based on CONTRACTOR's compliance with CITY's reasonable
request.
9. Subcontracts:
a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: CONTRACTOR agrees to bind every Subcontractor and
Supplier and require every Subcontractor to so bind its subcontractors and significant supplier, to the
Contract Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that
portion of the Work.
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 7 of 19
City of Fayetteville, AR
b. CONTRACTOR agrees not to subcontract CONTRACTOR at risk related services without prior written
consent from the CITY.
10. Fees, Expenses, and Payments:
a. The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final
compensation for all work done under this agreement, the amount based on the prices bid in
ELLINGSON's Proposal (Appendix B) which is hereto attached, for the actual amount accomplished under
each pay item, said payments to be made in lawful money of the United States at the time and in the
manner set forth in the Specifications.
b. Payments will be made after approval and acceptance of work and submission of invoice. Payments will
be made approximately 30 days after approval of invoice. The CITY OF FAYETTEVILLE reserves the right to
request receipts for materials purchased for the CITY from suppliers, subcontractors, or other sources.
The CITY does not agree to any interest or penalty for "untimely" payments.
c. The CITY reserves the right to withhold five percent (5%) retainage from all payments until project is
completed in full.
d. Not to exceed pricing shall include but not be limited to:
i. Labor wages directly employed by CONTRACTOR in performing of the Work.
ii. Salaries of CONTRACTOR's employees when stationed at the field office, in whatever capacity
employed, employees engaged on the road expediting the production or transportation of
material and equipment, and employees from the principal or branch office as mutually agreed
by the Parties in writing.
iii. Cost of all employee benefits and taxes, including but not limited to, workers' compensation,
unemployment compensation, social security, health, welfare, retirement, and other fringe
benefits as required by law, labor agreements, or paid under CONTRACTOR's standard personnel
policy, insofar as such costs are paid to employees of CONTRACTOR who are included in the Cost
of the Work.
iv. Transportation, travel, hotel, and moving expenses of CONTRACTOR's personnel incurred in
connection with the Work.
v. Cost of all materials, supplies, and equipment incorporated in the Work, including costs of
inspection and testing if not provided by City, transportation, storage, and handling.
vi. Payments made by CONTRACTOR to Subcontractors for work performed under this Agreement.
vii. Cost, including transportation and maintenance of all materials, supplies, equipment, temporary
facilities, and hand tools not owned by the workers that are used or consumed in the
performance of the Work, less salvage value or residual value; and cost less salvage value on such
items used, but not consumed that remain the property of CONTRACTOR.
viii. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by
workers, used at the Worksite, whether rented from CONTRACTOR or others, including
installation, repair, and replacement, dismantling, removal, maintenance, transportation, and
delivery costs at competitive market rates.
ix. Cost of the premiums for all insurance and surety, performance or payment bonds which
CONTRACTOR is required to procure or deems necessary and approved by CITY.
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 8 of 19
City of Fayetteville, AR
x. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which
CONTRACTOR is liable.
xi. Permits, taxes, fees, licenses, tests, royalties.
xii. Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and the
cost of corrective work during the Construction Phase and for the warranty period.
xiii. Costs associated with establishing, equipping, operating, maintaining, mobilizing and
demobilizing the field office and site.
xiv. Water, power, and fuel costs necessary for the Work.
xv. Cost of removal of all nonhazardous substances, debris, and waste materials.
xvi. Costs incurred due to an emergency affecting the safety of persons or property.
xvii. Costs directly incurred in the performance of the Work or in connection with the Project, and not
included in CONTRACTOR's Fee, which are reasonably inferable from the Contract Documents.
e. STORED MATERIALS AND EQUIPMENT: Unless otherwise provided in the contract documents,
applications for payment may include materials and equipment not yet incorporated into the Work but
delivered to and suitably stored onsite or offsite including applicable insurance, storage, and costs
incurred transporting the materials to an offsite storage facility. Approval of payment applications for
stored materials and equipment stored offsite shall be conditioned on a submission by CONTRACTOR of
bills of sale and proof of required insurance, or such other documentation satisfactory to CITY to establish
the proper valuation of the stored materials and equipment, CITY's title to such materials and equipment,
and to otherwise protect CITY's interests therein, including transportation to the Worksite. Materials and
equipment stored offsite shall be in a bonded and insured secure facility.
f. FINAL PAYMENT: Upon satisfactory completion of the work performed under this Agreement, as a
condition before final payment under this Agreement, or as a termination settlement under this
Agreement, CONTRACTOR shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims
against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are
specifically exempted by CONTRACTOR to be set forth therein.
i. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by
the parties to this Agreement, final payment under this Agreement or settlement upon
termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against CONTRACTOR or sureties under this Agreement.
11. Project Bonding - Performance and payment bonding: After execution of this contract by all parties,
CONTRACTOR shall provide 100% separate performance and payment bonds from a bonding company, licensed
to do business in the state of Arkansas. Bonds shall be provided within ten (10) calendar days after this contract
has been executed by all parties and shall be file marked by the Washington County Circuit Clerk's Office upon
receipt to the City.
a. All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall
be rated A+ minimum by A. M. Best.
12. Time:
a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion
shall be established in the contract documents as a hard not -to -exceed date.
b. Time is of the essence with regard to the obligations of the Contract Documents.
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 9 of 19
City of Fayetteville, AR
c. Unless instructed by CITY in writing, CONTRACTOR shall not knowingly commence the Work before the
effective date of CONTRACTOR's required insurance and bonds and formal written and signed Purchase
Order issued by the City of Fayetteville Purchasing Division.
d. Schedule of Work: Before submitting its first application for payment, CONTRACTOR shall submit to CITY
and, if directed, Design Professional, a Schedule of the Work showing the dates on which CONTRACTOR
plans to begin and complete various parts of the Work, including dates on which information and
approvals are required from CITY. Except as otherwise directed by CITY, CONTRACTOR shall comply with
the approved Schedule of the Work or CONTRACTOR.
CITY may determine the sequence in which the Work shall be performed, provided it does not
unreasonably interfere with the approved project schedule. CITY may require CONTRACTOR to
make reasonable changes in the sequence at any time during the performance of the Work in
order to facilitate the performance of work by CITY or Others. If CONTRACTOR consequently
incurs costs or is delayed, the Dates of Substantial or Final Completion, or both, CONTRACTOR
may seek equitable adjustment.
e. NOTICE OF DELAY CLAIMS: If CONTRACTOR requests an equitable extension of the Contract Time or an
equitable adjustment contract as a result of a delay described, CONTRACTOR shall give CITY written
notice of the claim. If CONTRACTOR causes delay in the completion of the Work, CITY shall be entitled to
recover its additional costs.
13. Substantial Completion:
a. The Work shall be Substantially Completed within 180 calendar days after the date when the Contract
Times commence to run as provided in the GENERAL CONDITIONS.
b. CONTRACTOR shall notify CITY and, if directed, Design Professional when it considers Substantial
Completion of the Work or a designated portion to have been achieved. CITY, with the assistance of its
Design Professional, shall promptly conduct an inspection to determine whether the Work or designated
portion can be occupied or used for its intended use by CITY without excessive interference in completing
any remaining unfinished Work. If CITY determines the Work or designated portion has not reached
Substantial Completion, CITY, with the assistance of its Design Professional, shall promptly compile a list
of items to be completed or corrected so CITY may occupy or use the Work or designated portion for its
intended use. CONTRACTOR shall promptly and accurately complete all items on the list.
c. When Substantial Completion of the Work or a designated portion is achieved, CONTRACTOR shall
prepare a Certificate of Substantial Completion establishing the date of Substantial Completion and the
respective responsibilities of each Party for interim items such as security, maintenance, utilities,
insurance, and damage to the Work, and fixing the time for completion of all items on the list
accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by
CONTRACTOR to CITY and, if directed, to Design Professional for written acceptance of responsibilities
assigned in the Certificate of Substantial Completion.
d. Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the
Contract Documents shall commence on the date of Substantial Completion of the Work or a designated
portion.
e. Upon CITY's written acceptance of the Certificate of Substantial Completion, CITY shall pay to
CONTRACTOR the remaining retainage held by CITY for the Work described in the Certificate of
Substantial Completion less a sum equal to one hundred and fifty percent (150%) of the estimated cost of
completing or correcting remaining items on that part of the Work, as agreed to by the Parties as
necessary to achieve Final Completion, including all close outs. Uncompleted items shall be completed by
CONTRACTOR in a mutually agreed upon timeframe.
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 10 of 19
City of Fayetteville, AR
14. Final Completion:
a. The Work shall be completed and ready for final payment in accordance with the GENERAL CONDITIONS
within 210 calendar days after the date when the Contract Times commence to run.
b. Upon notification from CONTRACTOR that the Work is complete and ready for final inspection and
acceptance, CITY, with the assistance of its Design Professional, shall promptly conduct an inspection to
determine if the Work has been completed and is acceptable under the Contract Documents.
c. When the Work is complete, CONTRACTOR shall prepare for CITY's written acceptance a final application
for payment stating that to the best of CONTRACTOR's knowledge, and based on CITY's inspections, the
Work has reached Final Completion in accordance with the Contract Documents.
d. Final payment shall be made to CONTRACTOR within thirty (30) Days after CONTRACTOR has submitted
an application for final payment, pending the application has been approved by the CITY, including
submissions required, and a Certificate of Final Completion has been executed by all Parties.
e. Final payment shall be due on CONTRACTOR's submission of the following to the City:
i. an affidavit declaring any indebtedness connected with the Work, to have been paid, satisfied, or
to be paid with the proceeds of final payment, so as not to encumber CITY property,
ii. as -built drawings, manuals, copies of warranties, and all other close-out documents required by
the Contract Documents;
iii. release of any liens, conditioned on final payment being received;
iv. consent of any surety; and
v. any outstanding known and unreported accidents or injuries experienced by CONTRACTOR or its
Subcontractors at the Worksite.
f. If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is materially
delayed through no fault of CONTRACTOR; If approved by CITY, they shall pay the balance due for any
portion of the Work fully completed and accepted. If the remaining contract balance for Work not fully
completed and accepted is less than the retained amount before payment, CONTRACTOR shall submit to
CITY and, if directed, Design Professional the written consent of any surety to payment of the balance due
for portions of the Work that are fully completed and accepted. Such payment shall not constitute a
waiver of claims, but otherwise shall be governed by this section.
g. ACCEPTANCE OF FINAL PAYMENT: Unless CONTRACTOR provides written identification of unsettled
claims with an application for final payment, its acceptance of final payment constitutes a waiver of such
claims.
h. CONTRACTOR shall ensure that the City of Fayetteville receives lien waivers from all material suppliers,
subcontractors and sub -subcontractors and before work begins on the project. The CONTRACTOR shall
give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on
the project that states the following:
i. 'According to Arkansas law, it is understood that no liens can be filed against public property if
valid and enforceable payment and performance bond is in place. Regarding this Project and
Agreement, the valid and enforceable bonds are with ( name of surety ).'
ii. CONTRACTOR shall have each subcontractor, sub -subcontractor and material supplier execute a
written receipt evidencing acknowledgment of this statement prior to commencement of the
work of the subcontractor or material supplier.
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 11 of 19
City of Fayetteville, AR
15. Liquidated Damages: CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that The
CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the time specified above, plus
any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the
delays, expense, and difficulties involved in proving the actual loss suffered by The CITY OF FAYETTEVILLE if the
Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The CITY and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay The CITY
OF FAYETTEVILLE Two Hundred Fifty Dollars ( 250.00) for each calendar day that expires after the time specified
for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if
CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the time specified for
completion and readiness for final payment or any proper extension thereof granted by The CITY, CONTRACTOR
shall pay The CITY OF FAYETTEVILLE Two Hundred Fifty Dollars ( 250.00) for each calendar day that expires after
the time specified for completion and readiness for final payment.
16. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if
addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight
courier.
17. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case.
18. Venue: Venue for all legal disputes shall be Washington County, Arkansas.
19. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, cost or fees.
20. Insurance:
a. Before starting the Work and as a condition precedent to payment, CONTRACTOR shall procure and
maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile
Liability Insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include
coverage for liability arising from premises, operations, independent contractors, products -completed
operations, personal injury and advertising injury, contractual liability, pollution coverage, and broad form
property damage. CONTRACTOR shall maintain completed operations liability insurance for one year after
Substantial Completion, or as required by the Contract Documents, whichever is longer. CONTRACTOR's
Employers' Liability, Business Automobile Liability and CGL policies shall be written with at least the limits
of liability presented in Appendix D.
b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a
single policy for the full limits required or by a combination of underlying policies with the balance
provided by excess or umbrella liability policies.
c. CONTRACTOR shall maintain in effect all insurance coverage required with insurance companies lawfully
authorized to do business in the jurisdiction in which the Project is located. If CONTRACTOR fails to obtain
or maintain any insurance coverage required under this Agreement, CITY may purchase such coverage
and charge the expense to CONTRACTOR or terminate this Agreement.
d. To the extent commercially available to CONTRACTOR from its current insurance company, insurance
policies required shall contain a provision that the insurance company or its designee shall give CITY
written notice transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by
the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance
company. Before commencing the Work and upon renewal or replacement of the insurance policies,
CONTRACTOR shall furnish City with certificates of insurance until one year after Substantial Completion
or longer if required by the Contract Documents. In addition, if any insurance policy required is not to be
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 12 of 19
City of Fayetteville, AR
immediately replaced without lapse in coverage when it expires, exhausts its limits, or is to be cancelled,
CONTRACTOR shall give City prompt written notice upon actual or constructive knowledge of such
condition.
e. Certificates of Insurance shall list the CITY OF FAYETTEVILLE as an additional insured. Listing the CITY has a
Certificate Holder only is NOT an acceptable substitute. Certificates of Insurance must include the
endorsement(s) showing the CITY OF FAYETTEVILLE listed as an additional insured.
f. PROPERTY INSURANCE:
i. At no time shall any policy be covered by self-insurance or in a self -insured format. All policies
shall be covered by an approved commercial insurance professional properly licensed to do
business in Arkansas.
ii. Unless otherwise directed in writing by City, before starting the Work, CONTRACTOR shall obtain
and maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the
time of loss, including existing structures. This insurance shall also (a) name CONTRACTOR,
Subcontractors, Sub subcontractors, and Design Professional as named insureds; (b) be written in
such form to cover all risks of physical loss except those specifically excluded by the policy; and
(c) insure at least against and not exclude:
1. the perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft,
including helicopter, operated by or on behalf of CONTRACTOR) and vehicles, riot and
civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake,
earth movement, water damage, wind damage, testing if applicable, collapse, however
caused;
2. damage resulting from defective design, workmanship, or material;
3. coverage extension for damage to existing buildings, plant, or other structures at the
Worksite, when the Project is contained within or attached to such existing buildings,
plant or structures. Coverage shall be to the extent loss or damage arises out of
CONTRACTOR's activities or operations at the Project.
4. equipment breakdown, including mechanical breakdown, electrical injury to electrical
devices, explosion of steam equipment, and damage to steam equipment caused by a
condition within the equipment;
5. testing coverage for running newly installed machinery and equipment at or beyond the
specified limits of their capacity to determine whether they are fit for their intended use;
and
6. physical loss resulting from Terrorism.
iii. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any
deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then
the Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the
deductible amounts or coinsurance payments. This policy shall provide for a waiver of
subrogation. This insurance shall remain in effect until final payment has been made or until no
person or entity other than CITY has an insurable interest in the property to be covered by this
insurance, whichever is sooner. Partial occupancy or use of the Work shall not commence until
CITY has secured the consent of the insurance company or companies providing the coverage
required in this subsection. Before commencing the Work, CITY shall provide a copy of the
property policy or policies obtained.
iv. If CITY elects to purchase the property insurance required by this Agreement, including all of the
coverages and deductibles for the same durations specified, CITY shall give written notice to
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 13 of 19
City of Fayetteville, AR
CONTRACTOR before the Work is commenced and provide a copy of the property policy or
policies obtained in compliance with this agreement. CITY may then provide insurance to protect
its interests and the interests of the CONTRACTOR, Subcontractors, Suppliers, and
Subsubcontractors. The cost of this insurance shall be paid by CITY in a Change Order. If CITY
gives written notice of its intent to purchase property insurance required by this Agreement and
fails to purchase or maintain such insurance, CITY shall be responsible for costs reasonably
attributed to such failure.
v. The Parties each waive all rights against each other and their respective employees, agents,
contractors, subcontractors, suppliers, sub subcontractors, and design professionals for damages
caused by risks covered by the property insurance, except such rights as they may have to the
proceeds of the insurance.
g. RISK OF LOSS: Except to the extent a loss is covered by applicable insurance, risk of loss from damage to
the Work shall be upon the Party obtaining and maintaining the Builder's Risk until the Date of Final
Completion.
h. ADDITIONAL GENERAL LIABILITY COVERAGE: CITY shall require CONTRACTOR to purchase and maintain
additional liability coverage. CONTRACTOR shall provide:
Additional Insured. CITY shall be named as an additional insured on CONTRACTOR's Commercial
General Liability (CGL) specified, for on -going operations and completed operations,
excess/umbrella liability, commercial automobile liability, and any required pollution liability, but
only with respect to liability for bodily injury, property damage, or personal and advertising injury
to the extent caused by the negligent acts or omissions of CONTRACTOR, or those acting on
CONTRACTOR's behalf, in the performance of CONTRACTOR's work for CITY at the Worksite. The
insurance of the CONTRACTOR and its Subcontractors (both primary and excess) shall be primary
to any insurance available to the Additional Insureds. Any insurance available to the Additional
Insureds shall be excess and non-contributory.
ii. OCP. CONTRACTOR shall provide an Owners' and CONTRACTOR'S Protective Liability Insurance
("OCP") policy with limits equal to the limits on CGL specified, or limits as otherwise required by
Owner.
i. Any documented additional cost in the form of a surcharge associated with procuring the additional
liability coverage in accordance with this subsection shall be paid by CONTRACTOR. Before commencing
the Work, CONTRACTOR shall provide either a copy of the OCP policy, or a certificate and endorsement
evidencing that City has been named as an additional insured, as applicable.
i. ROYALTIES, PATENTS, AND COPYRIGHTS: CONTRACTOR shall pay all royalties and license fees
which may be due on the inclusion of any patented or copyrighted materials, methods, or
systems selected by CONTRACTOR and incorporated in the Work. CONTRACTOR shall defend,
indemnify, and hold CITY harmless from all suits or claims for infringement of any patent rights or
copyrights arising out of such selection.
PROFESSIONAL LIABILITY INSURANCE: To the extent CONTRACTOR is required to procure design services,
CONTRACTOR shall require its design professionals to obtain a commercial professional liability insurance
for claims arising from the negligent performance of professional services under this Agreement, with a
company reasonably satisfactory to CITY, including coverage for all professional liability caused by any
consultants to CONTRACTOR's design professional, written for not less than one million US dollars
($1,000,000) per claim and in the aggregate. CONTRACTOR's design professional shall pay the deductible.
The Professional Liability Insurance shall contain a retroactive date providing prior acts coverage
sufficient to cover all Services performed by the CONTRACTOR's design professional for this Project.
Coverage shall be continued in effect for the entire warranty period.
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 14 of 19
City of Fayetteville, AR
21. Professional Responsibility: CONTRACTOR will exercise reasonable skill, care, and diligence in the performance of
services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY
OF FAYETTEVILLE will promptly report to CONTRACTOR any defects or suspected defects in services of which CITY
OF FAYETTEVILLE becomes aware, so CONTRACTOR can take measures to minimize the consequences of such a
defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of
CONTRACTOR.
22. Responsibility of the City of Fayetteville: CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay
the services of CONTRACTOR:
a. Provide full information as to the requirements for the Project.
b. Assist CONTRACTOR by placing at CONTRACTOR's disposal all available information pertinent to the
assignment including previous reports and any other data relative thereto.
c. Assist CONTRACTOR in obtaining access to property reasonably necessary for CONTRACTOR to perform its
services.
d. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by
CONTRACTOR and render in writing decisions pertaining thereto.
e. Review all documents and provide written comments to CONTRACTOR in a timely manner.
f. The City of Fayetteville Facilities Director is the project representatives with respect to the services to be
performed under this Agreement. The Facilities Director Representative shall have complete authority to
transmit instructions, receive information, interpret and define policies and decisions with respect to
materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the
services covered by this Agreement.
23. Cost Opinions and Projections: Cost opinions and projections prepared by the CONTRACTOR relating to
construction costs and schedules, operation and maintenance costs, equipment characteristics and performance,
cost estimating, and operating results are based on CONTRACTOR's experience, qualifications, and judgment as a
CONTRACTOR professional.
24. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE
authorizing services hereunder.
a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the
Project through completion of the services stated in the Agreement. ELLINGSON shall proceed with
providing the authorized services immediately upon receipt of written authorization from CITY OF
FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which
the services are to be completed.
25. Termination:
a. This Agreement may be terminated in whole or in part in writing by either party in the event of
substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the
terminating party, provided that no termination may be effected unless the other party is given:
i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate,
ii. An opportunity for consultation with the terminating party prior to termination.
b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its
convenience, provided that CONTRACTOR is given:
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 15 of 19
City of Fayetteville, AR
i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate,
ii. An opportunity for consultation with the terminating party prior to termination.
c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price
provided for in this Agreement shall be made, but
i. No amount shall be allowed for anticipated profit on unperformed services or other work,
ii. Any payment due to CONTRACTOR at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of CONTRACTOR's default.
d. If termination for default is affected by CONTRACTOR, or if termination for convenience is affected by
CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other
work performed. The equitable adjustment for any termination shall provide for payment to
CONTRACTOR for services rendered and expenses incurred prior to the termination, in addition to
termination settlement costs reasonably incurred by CONTRACTOR relating to commitments which had
become firm prior to the termination.
e. Upon receipt of a termination action under Paragraphs above, CONTRACTOR shall:
i. Promptly discontinue all affected work (unless the notice directs otherwise),
ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications,
reports, estimates, summaries and such other information and materials as may have been
accumulated by CONTRACTOR in performing this Agreement, whether completed or in process.
f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award
another party an agreement to complete the work under this Agreement.
g. If, after termination for failure of CONTRACTOR to fulfill contractual obligations, it is determined that
CONTRACTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have
been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price
shall be made as provided in this agreement.
26. Delays
a. In the event the services of CONTRACTOR are suspended or delayed by CITY OF FAYETTEVILLE, or by other
events beyond CONTRACTOR's reasonable control, CONTRACTOR shall be entitled to additional
compensation and time for reasonable documented costs incurred by CONTRACTOR in temporarily
closing down or delaying the Project.
b. In the event the services are suspended or delayed by CONTRACTOR, CITY shall be entitled to
compensation and time for reasonable costs incurred in temporarily closing down or delaying the Project.
27. Rights and Benefits: CONTRACTOR's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE
and not for the benefit of any other persons or entities.
28. Dispute Resolution
a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY
OF FAYETTEVILLE and CONTRACTOR which arise from, or in any way are related to, this Agreement,
including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts,
errors, or omissions of CITY OF FAYETTEVILLE or CONTRACTOR in the performance of this Agreement, and
disputes concerning payment.
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 16 of 19
City of Fayetteville, AR
b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely
Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these
procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction,
until the procedures in this agreement have been complied with.
c. Notice of Dispute
i. For disputes arising prior to the making of final payment promptly after the occurrence of any
incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve
the other party with a written Notice.
ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE
shall give CONTRACTOR written Notice at the address listed in this agreement within thirty (30)
calendar days after occurrence of any incident, accident, or first observance of defect or damage.
In both instances, the Notice shall specify the nature and amount of relief sought, the reason
relief should be granted, and the appropriate portions of this Agreement that authorize the relief
requested.
iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for
CITY OF FAYETTEVILLE and CONTRACTOR shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of CONTRACTOR, and the Mayor of CITY OF FAYETTEVILLE or his
or her designee. These officers shall meet at the Project Site or such other location as is agreed
upon within 30 calendar days of the written request to resolve the dispute.
29. Sufficient Funds: The CITY represents to have sufficient funds or the means of obtaining funds to remit payment
to CONTRACTOR for services rendered by CONTRACTOR. All parties agree if funding should become insufficient
to complete the project, CONTRACTOR shall be notified in a timely manner.
30. Publications: Recognizing the importance of professional services on the part of CONTRACTOR's employees and
the importance of CONTRACTOR's public relations, CONTRACTOR may prepare publications, such as technical
papers, articles for periodicals, promotional materials, and press releases, in electronic or other format,
pertaining to CONTRACTOR's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE
in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly
and provide CITY OF FAYETTEVILLE's comments to CONTRACTOR, CITY OF FAYETTEVILLE may require deletion of
proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not
unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require
additional review or approval for each use. The cost of CONTRACTOR's activities pertaining to any such
publication shall be for CONTRACTOR's account.
31. Indemnification: The CITY requires that ELLINGSON shall indemnify and hold harmless CITY OF FAYETTEVILLE
against any and all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in
connection with or arising out of any damage or alleged damage to any of CITY's existing adjacent property,
including personal property, that may arise from the performance of the Work, to the extent caused by the
negligent or intentionally wrongful acts or omissions of ELLINGSON, Subcontractor, Supplier, Sub subcontractor,
or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable.
32. Freedom of Information Act: CITY contracts and documents prepared while performing CITY contractual work are
subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the
CITY OF FAYETTEVILLE, the CONTRACTOR shall provide the documents in a prompt and timely manner as
prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized
photocopying costs pursuant to the FOIA may be assessed for this compliance.
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 17 of 19
City of Fayetteville, AR
33. Ownership of Documents:
a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates,
field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. CONTRACTOR may
retain reproduced copies of drawings and copies of other documents.
b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy
or electronic media prepared by CONTRACTOR as part of the Services shall become the property of CITY
OF FAYETTEVILLE when CONTRACTOR has been compensated for all Services rendered, provided,
however, that CONTRACTOR shall have the unrestricted right to their use. CONTRACTOR shall, however,
retain its rights in its standard drawings details, specifications, databases, computer software, and other
proprietary property. Rights to intellectual property developed, utilized, or modified in the performance
of the Services shall remain the property of CONTRACTOR.
c. Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. CONTRACTOR makes no warranty as to the compatibility of these
files with any other system or software. Because of the potential degradation of electronic medium over
time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files,
the sealed drawings/hard copies will govern.
34. Additional Responsibilities of CONTRACTOR:
a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished
hereunder by CITY shall not in any way relieve CONTRACTOR of responsibility for the technical adequacy
of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be
construed as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement.
b. CONTRACTOR shall be and shall remain liable, in accordance with applicable law, for all damages to CITY
OF FAYETTEVILLE caused by CONTRACTOR's negligent performance, except beyond CONTRACTOR's
normal standard of care, of any of the services furnished under this Agreement, and except for errors,
omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
c. CONTRACTOR's obligations under this clause are in addition to CONTRACTOR's other express or implied
assurances under this Agreement or State law and in no way diminish any other rights that CITY OF
FAYETTEVILLE may have against CONTRACTOR for faulty materials, equipment, or work.
35. Audit and Access to Records:
a. CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to
performance on work under this Agreement in accordance with generally accepted accounting principles
and practices consistently applied in effect on the date of execution of this Agreement.
b. CONTRACTOR shall also maintain the financial information and data used by CONTRACTOR in the
preparation of support of the cost submission required for any negotiated agreement or change order
and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the
State or any of their authorized representatives shall have access to all such books, records, documents
and other evidence for the purpose of inspection, audit and copying during normal business hours.
CONTRACTOR will provide proper facilities for such access and inspection.
c. Records shall be maintained and made available during performance on assisted work under this
Agreement and until three years from the date of final payment for the project. In addition, those
records which relate to any controversy arising out of such performance, or to costs or items to which an
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 18 of 19
City of Fayetteville, AR
audit exception has been taken, shall be maintained and made available until three years after the date of
resolution of such appeal, litigation, claim or exception.
d. This right of access clause (with respect to financial records) applies to:
i. Negotiated prime agreements
ii. Negotiated change orders or agreement amendments affecting the price of any formally
advertised, competitively awarded, fixed price agreement
iii. Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not apply to a
prime agreement, lower tier sub agreement or purchase order awarded after effective price
competition, except:
1. With respect to record pertaining directly to sub agreement performance, excluding any
financial records of CONTRACTOR;
2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be
involved;
3. If the sub agreement is terminated for default or for convenience.
36. Covenant Against Contingent Fees:
a. CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or
secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or
continent fee, excepting bona fide employees or bona fide established commercial or selling agencies
maintained by CONTRACTOR for the purpose of securing business. For breach or violation of this
warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its
discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of
such commission, percentage, brokerage, or contingent fee.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and JBZ, INC. DBA ELLINGSON
CONTRACTING by its authorized officer have made and executed this Agreement as of the day and year first above
written.
T,
By: K,(f/�/.�
Kara Paxton, City Clerk
Date Signed: February 20, 2024
By:
op
lingson, President
• AY ETi EV ILLE. �
9s•.RKAN.,•oJ��
�,�ryG 'Or1,`��.
010
Date Signed:
CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization
Page 19 of 19
City of Fayetteville, AR
CITY OF
WA FAYETTEVILLE
ARKANSAS
Bid 23-47 Addendum 2
Ellingson Contracting
JBZ, Inc.
Supplier Response
Event Information
Number: Bid 23-47 Addendum 2
Title: Construction - Porter Warehouse Stabilization
Type: Invitation to Bid
Issue Date: 12/10/2023
Deadline: 1/11/2024 03:00 PM (CT)
Notes: The City of Fayetteville is accepting sealed bids from properly
licensed firms for the stabilization of the Porter Road
Warehouse. Questions regarding this bid should be addressed to
Amanda Beilfuss, Sr. Purchasing Agent at abeilfuss(Vayetteville-
ar.gov.
Contact Information
Contact: Amanda Beilfuss - Sr. Purchasing Agent
Address: Purchasing
City Hall
Room 306
113 W. Mountain St.
Fayetteville, AR 72701
Email: abeilfuss@fayetteville-ar.gov
Page 1 of 3 pages Vendor: Ellingson Contracting Bid 23-47 Addendum 2
Ellingson Contracting Information
Contact: David Ellingson
Address: PO Box 7202
Siloam Springs, AR 72761
Phone: (479) 215-6889
Email: david@ellingsoncontracting.com
Web Address: https://www.ellingsoncontracting.com/
By submitting your response, you certify that you are authorized to represent and bind your company.
David R. Ellingson
Signature
Submitted at 1/1112024 07:49:47 AM (CT)
Requested Attachments
Bid 23-47, Required Signature Forms
david@ellingsoncontracting.com
Email
Ellingson Contracting Bid 23-47 -
REQUIRED SIGNATURE
FORMS.pdf
Please attach your completed forms. These documents can be found in the Project Manual or as a convenience file in
the 'Attachments' tab titled File #00. PLEASE ENSURE 'ARTICLE 4 - BID PRICEIS COMPLETED IN ITS ENTIRETY.
FAILURE TO COMPLETE THIS SECTION COULD RESULT IN BID REJECTION.
Bid 23-42, Bid Bond
Porter Bid Bond - Ellingson
Contracting.pdf
Please attach a signed and completed copy of your bid bond. Bid bonds in the form of a cashier's check shall be
delivered to City Hall, Purchasing Division before bid deadline and have a copy of the cashier's check uploaded with
submittal.
Bid 23-47, Narrative Statement
Porter House Qualifications -
Ellingson Contracting.pdf
Please provide a written narrative of the methods and techniques proposed for this project. Please refer to the
'Bidder's Qualification Statement' section for more information.
Response Attachments
JBZ - Balance Sheet - Porter.pdf
JBZ Inc DBA Ellingson Contracting Balance Sheet
JBZ - Income Statement - Porter.pdf
JBZ Inc DBA Ellingson Contracting Income Statement
Porter Unit Price Schedule 1, 2, and 3.pdf
Ellingson Contracting Unit Price Schedule
Bid Attributes
1 Arkansas Secretary of State Filing Number:
800184726
2 Arkansas Contractor License Number:
0324340324
Page 2 of 3 pages Vendor: Ellingson Contracting Bid 23-47 Addendum 2
3
Check Yes or No:
Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
❑✓ Yes, I agree
❑ No, I don't agree
4
Check Yes or No:
Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently
boycott Energy,
Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in
contract, with any
public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy,
Fossil Fuel,
Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing.
2 Yes, I agree
❑ No, I don't agree
5
Addendum Acknowledgement:
By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued
for this bid.
9 1 agree
Bid Lines
1 Bonds and Insurance
Quantity: 1 UOM: Lump Sum Price: $22,160.00 Total: $22,160.00
2 Mobilization
Shall not exceed %5 of Bid Total, not including bonds and insurance.
Quantity: 1 UOM: LS Price: 1 $20,000.00 Total: $20,000.00
3
Estimated Total Cost - DO NOT INCLUDE PRICING FOR MOBILIZATION OR BONDS AND INSURANCE IN
THIS LINE ITEM
This amount shall match the Estimated Total Cost from Required Signature Forms/Project Manual.
Quantity: 1 UOM: Lump Sum Price: $691,586.00 1 Total: 1 $691,586.00
Item Notes: Bidder shall also complete and include with bid submittal, 'Article 4 - Bid Price' in its entirety from the
Required Signature Forms/Project Manual. Failure to complete this section could result in bid rejection.
Response Total: $733,746.00
Page 3 of 3 pages Vendor: Ellingson Contracting Bid 23-47 Addendum 2
CITY OF FAYETTEVILLE, ARKANSAS:
BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION
SECTION 00 4100
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we
JBZ, Inc. dba Ellingson Contracting
PO Box 7202
Siloam Springs, AR 72761
as Principal, hereinafter called the Principal, and
The Ohio Casualty Insurance Co.
175 Berkley St.
Boston, MA 02116
a corporation duly organized under the laws of the State of New Hampshire
called Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
as Surety, hereinafter
as Obligee, hereinafter called Owner, in the sum of 5% of the Bid Amount
Dollars ($ 5% of the Bid Amount ), for the payment of which sum, well
and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has submitted a Bid for:
BID 23-47, CONSTRUCTION- PORTER WAREHOUSE STABILIZATION
NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with
the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the
Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the
failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner
the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger
amount for which the Owner may in good faith contract with another party to perform the Work covered by
said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
00 4100 BID BOND
1
CITY OF FAYETTEVILLE, ARKANSAS:
BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION
Signed and sealed this 8th
PRINCIPAL
day of January
2024
(CORPORATE SEAL)
JBZ, Inc. dba Ellingson Contracting
(By v 2
1459- -U-AAkW
SURETY
the Ohio Casualty Insurance Co.
-9� By
Bryan Clinkscales
ATTORNEY -IN -FACT
(This Bond shall be accompanied with
Attorney-in-Fact's authority from Surety)
(CORPORATE SEAL)
END OF SECTION 00 4100
00 4100 BID BOND
2
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
.Mutual® The Ohio Casualty Insurance Company Certificate No: 8207437-971105
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Bryan S.
Clinkscales, Jennifer Bohannan, Kentrina Fowler
all of the city of SPRINGDALE state of AR each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 4th day of March 2022 .
Liberty Mutual Insurance Company
INSUR X�v INS& � iiNSUR The Ohio Casualty Insurance Company
�JP'9yJP''9y `VQ' I.
40RPORgT+ `oRPORgr GOVL Pq '1'� West American Insurance Company
Z IT
r�1912y0 oy1919�o Q 1991 0 � �E
9 C 3 i F ,� 4t ag o
a) �� sSgcHus� da ���NAm? aa� <s INo1011 da B r C U
�* ti� * �M * y David M. Carey, Assistant Secretary
'= c`a State of PENNSYLVANIA — E
a County of MONTGOMERY ss �} o
o:03 On this 4th day of March 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance U
L ca Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes L --
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. ¢O
. n a. 0
O i ♦ Commonwealth of Pennsylvania -Notary Seal
Teresa Pastella, Notary Public N
O o "` ' " Montgomery County ���/�C ` E O� 1 d My commission expires March 28, 2025 B o O
(0 ? = Commission number 1126044 y
\ _ Member, Pennsylvania Association of Notaries eresa Pastella, Notary Public Q O
�A�A,, C:'.. OO
oo
Coa) ♦ .....,L
t a? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 0?
o •S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a M
00
" a) ARTICLE IV — OFFICERS: Section 12. Power of Attorney. o 0
m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the ;
President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall o
L have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such O a)
instruments shall be as binding as if signed b the President and attested to b the Secretary. An power or authority ranted to an representative or attorney -in -fact in -fact under the � M
Z c�i 9 9 Y Y rY• Y P ty 9 Y P Y-
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ti 0
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 8th day of January 2024
P� 1NS(/R� P��Y INSU Nk 1NSURq
j GORPORyr y0 yJ 4ORPOR,aTRgy \VP GORPoRyT 41
n (r .? FO to
1912 o 0 1919 0 m 1991 0
vs �co Z yF " ° By:
d� SACHO da O �NAMPS� a� Y' "NDIANP as Renee C. Llewellyn, Assistant Secretary
* 1•� �yl Y ,
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
CITY OF
FAYETTEVILLE
ARKANSAS
Project Check List
This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a
bid and shall not be used as a substitute for the requirements of the bid documents. Use of this checklist does not relieve the Bidder
from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders
are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement.
F-1
5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.)
o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at
least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made
payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery
appointment with the City Purchasing Division.
All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums
or marking acknowledgement on other bid pages).
All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price.
F-1 Total base bid should be calculated in the provided space.
All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid
F-1 documents
1-1 All bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical
sealed bid to the City Purchasing Division. Submitting a bid electronically is strongly encouraged. A public bid opening
will be conducted shortly after the deadline at City Hall and livestreamed at
https://www.youtube.com/user/cityoffayettevillear. Late or misdirected bids shall not be accepted. The City of
Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. If submitting
a physical bid, all bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or
updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed
envelope as well as the bidders Arkansas Contractor's License Number.
F-1
Additional Information Required:
• AR Secretary of State Filing #: OR submit electronically.
• Arkansas Contractor License #: OR submit electronically.
• Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
o Submit electronically or circle applicable answer: YES or NO
• Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently
boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering
into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the
contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must
notify the contracted public entity in writing.
o Submit electronically or circle applicable answer: YES or NO
Telecommunications Device (w the Deaf TDD (479) 521.1316 113 Nest Mountain • Fayetteville, M 72701 11
DOCUMENT 00 30 00 — BIDDER'S QUALIFICATION STATEMENT:
Contract Name: Porter Produce Warehouse Stabilization
Date: October 20, 2023
Bid Number: 23-47, Construction-- Porter Produce Warehouse Stabilization
SUBMITTED TO:
The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
SUBMITTED BY:
Company
Name
Address
Principal Office
Corporation, partnership, individual, joint
venture, other
Arkansas State General Contractor's License Number
Tax ID Number
DUNS/ Cage Code
NARRATIVE STATEMENT
Provide a written narrative of the methods and techniques proposed for this project. Bidders are
encouraged to use this statement as an opportunity to show reviewers why they believe they are best
suited for this project by demonstrating, through written form, an understanding of the challenges inherent
in this project and how the bidder intends to be key partner in completing a successful project.
00 30 00 —1
Bid 23-47, Construction- Porter Warehouse Stabilization
DOCUMENT 00 30 00 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED)
EXPERIENCE STATEMENT
1. Bidder has been engaged as a General Contractor in construction for years and
has performed work of the nature and magnitude of this Contract for years.
Bidder has been in business under its present name for years.
2. Bidder now has the following bonded projects under contract: (On a separate sheet,
list project name, owner, name of owner contact, engineer / architect, name of
engineer/architect contact, amount of contract, surety, and estimated completion
date.)
3. Bidder has completed the following (list minimum of 3) contracts consisting of work
similar to that proposed by this Contract: (On a separate sheet, list project name,
owner, name of owner contact, engineer / architect, name of engineer/architect
contact, amount of contract, and date of completion and percentage of the cost of the
Work performed with Bidder's own forces.)
4. Attach resumes of key supervisory personnel who will be directly involved in the
execution of this project. Indicate if they were directly involved on the projects listed
above. If not, be sure that their resumes include experience on similar projects.
5. Has Bidder ever failed to complete any project? If so, state when, where, and why.
6. Bidder normally performs the following work with his own forces:
00 30 00 — 2
Bid 23-47, Construction- Porter Warehouse Stabilization
DOCUMENT 00 30 00 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED)
7. Construction experience of key individuals in the organization is as follows
(continued on attached sheets if needed):
8. In the event the Contract is awarded to Bidder, the required surety Bonds will be
furnished by the following surety company and name and address of agent:
9. Bidder's Workmen's Compensation Experience Modifier Factor is:
FINANCIAL STATEMENT
Bidder possesses adequate financial resources as indicated by the following:
1. Assets and Liabilities: Attach a financial statement, audited if available, including
Bidder's latest balance sheet and income statements showing the following items:
a. Current assets (cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials inventory, and prepaid expenses).
b. Net fixed assets.
c. Other assets.
d. Current liabilities (accounts payable, notes payable, accrued expenses, provision
for income taxes, advances, accrued salaries, and accrued payroll taxes).
003000-3
Bid 23-47, Construction- Porter Warehouse Stabilization
DOCUMENT 00 30 00 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED)
e. Other liabilities (capital, capital stock, authorized and outstanding shares par
values, earned surplus, and retained earnings).
f. Name of firm preparing financial statement and date thereof:
If financial statement is not for identical organization named herein, explain relationship and financial
responsibility of the organization furnished.
2. Current Judgments: The following judgements are outstanding against Bidder:
Judgment Creditors Where Docketed and Date Amount
a. N/A
In
Bidder hereby represents and warrants that all statements set forth herein are true and correct.
Date: January 1 Oth , 20 24
(OFFICIAL SEAL)
1v o rg � ate I ' gson Contracting (JBZ, Inc.)
By David R. Ellingson
Title President
(If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one
of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature
of aduly-authorized officer and with the corporate seal affixed.)
END OF DOCUMENT 00 30 00
00 3 0 00 — 4
Bid 23-47, Construction- Porter Warehouse Stabilization
CITY OF FAYETTEVILLE, ARKANSAS:
BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION
Section 00 3100
CONTRACTOR REFERENCES
The following information is required from all Bidders so all bids may be reviewed and properly evaluated
COMPANY NAME:
NUMBER OF YEARS IN BUSINESS:
HOW LONG IN PRESENT LOCATION:
TOTAL NUMBER OF CURRENT EMPLOYEES:
FULLTIME PARTTIME
NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT:
FULLTIME PART TIME
PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN
THE PAST FIVE (5) YEARS (All fields must be completed):
1.
2.
COMPANY NAME
COMPANY NAME
CITY, STATE, ZIP
CITY, STATE, ZIP
CONTACT PERSON
CONTACT PERSON
TELEPHONE
TELEPHONE
DATE COMPLETED
DATE COMPLETED
E-MAIL ADDRESS
E-MAIL ADDRESS
3.
4.
COMPANY NAME
COMPANY NAME
CITY, STATE, ZIP
CITY, STATE, ZIP
CONTACT PERSON
CONTACT PERSON
TELEPHONE
TELEPHONE
DATE COMPLETED
DATE COMPLETED
E-MAIL ADDRESS
E-MAIL ADDRESS
00 3100 CONTRACTOR REFERENCES
1
CITY OF FAYETTEVILLE, ARKANSAS:
BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION
SECTION 00 40 00
BID FORM
Contract Name: Porter Warehouse Stabilization
Bid Number: 23-47, Construction — Porter Warehouse Stabilization
BID TO:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
Bidder:
ARTICLE 1 - INTENT
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with
Owner in the form included in the Contract Documents to perform and furnish all Work as specified or
indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and
in accordance with the other terms and conditions of the Contract Documents.
ARTICLE 2 - TERMS AND CONDITIONS
2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders,
including without limitation those dealing with the disposition of Bid security. This Bid will remain
subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required
number of counterparts of the Agreement with the Bonds and other documents required by the Bidding
Requirements within 15 days after the date of Owner's Notice of Award.
00 40 00 BID FORM
1
CITY OF FAYETTEVILLE, ARKANSAS:
BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION
ARTICLE 3 - BIDDER'S REPRESENTATIONS
3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda,
receipt of all which is hereby acknowledged:
Number Date
B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and
Site conditions that may affect cost, progress, performance, and furnishing of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, progress, performance, and furnishing of the Work.
D. Bidder is aware of the general nature of work to be performed by Owner and others at the Site
that relates to Work for which this Bid is submitted as indicated in the Contract Documents.
E. Bidder has correlated the information known to Bidder, information and observations obtained
from visits to the Site, reports, and drawings identified in the Contract Documents, and all
additional examinations, investigations, explorations, tests, studies, and data with the Contract
Documents.
F. Bidder has given Purchasing Division written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Contract Documents, and the written resolution
thereof by Purchasing Division is acceptable to Bidder.
G. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performing and furnishing the Work for which this Bid is submitted.
H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm,
or corporation and is not submitted in conformity with any agreement or rules of any group,
00 40 00 BID FORM
2
CITY OF FAYETTEVILLE, ARKANSAS:
BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION
association, organization, or corporation; Bidder has not directly or indirectly induced or
solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced
any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by
collusion to obtain for himself any advantage over any other Bidder or over Owner.
I. Bidder has read "Arkansas Historic Site Law (A.C.A. §22-9-208 through §22-9-211)" and
acknowledges paragraph 20.3 in Section 01 Instructions to Bidders. Bidder understands that
owner intends to choose the contractor based on factors other than cost, as outlined in 20.3 in
Section 01 Instructions to Bidders.
ARTICLE 4 - BID PRICE
4.01 Bidder will complete the Work in accordance with the Contract Documents for the following
price(s):
A. Unit Price Schedules. The Bid Form includes four separate and complete schedules, Schedule I
(Labor), Schedule II (Materials), Schedule III (Multiplying Factor) and Schedule IV (Estimated
Total Cost). The Contractor shall complete all four schedules. Bidder shall provide ALL unit
price items and quantities that will equal the total project cost. Failure to complete all parts of
Schedules I, II, III & IV shall render the bid non -responsive.
1. Unit Price Schedule I (Labor)
Bidder acknowledges that quantities are not guaranteed, and final payment will be based on
actual quantities determined as provided in the Contract Documents.
Required Skill:
Number of persons of this skill required:
Rate of this skill/ Estimated quantity of skill:
Required Skill:
Number of persons of this skill required:
Rate of this skill/ Estimated quantity of skill:
Required Skill:
Number of persons of this skill required:
Rate of this skill/ Estimated quantity of skill:
Required Skill:
Number of persons of this skill required:
Rate of this skill/ Estimated quantity of skill:
Required Skill:
Number of persons of this skill required:
Rate of this skill/ Estimated quantity of skill:
00 40 00 BID FORM
3
CITY OF FAYETTEVILLE, ARKANSAS:
BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION
Required Skill:
Number of persons of this skill required:
Rate of this skill/ Estimated quantity of skill:
Required Skill:
Number of persons of this skill required:
Rate of this skill/ Estimated quantity of skill:
Required Skill:
Number of persons of this skill required:
Rate of this skill/ Estimated quantity of skill:
2. Unit Price Schedule II (Materials)
Bidder acknowledges that quantities are not guaranteed, and final payment will be based on
actual quantities determined as provided in the Contract Documents.
Type of Material:
Anticipated Quantity:
Unit Price of Material:
Type of Material:
Anticipated Quantity:
Unit Price of Material:
Type of Material:
Anticipated Quantity:
Unit Price of Material:
Type of Material:
Anticipated Quantity:
Unit Price of Material:
Type of Material:
Anticipated Quantity:
Unit Price of Material:
Type of Material:
Anticipated Quantity:
Unit Price of Material:
Type of Material:
Anticipated Quantity:
Unit Price of Material:
Type of Material:
Anticipated Quantity:
Unit Price of Material:
00 40 00 BID FORM
4
CITY OF FAYETTEVILLE, ARKANSAS:
BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION
Type of Material:
Anticipated Quantity:
Unit Price of Material:
Type of Material:
Anticipated Quantity:
Unit Price of Material:
Type of Material:
Anticipated Quantity:
Unit Price of Material:
3. Unit Price Schedule III (Multiplying Factor)
Schedule I (Labor) Multiplying Factor:
Schedule II (Materials) Multiplying Factor:_
4. Unit Price Schedule IV (Estimated Total Cost)
Schedule I (Labor) subtotal
x Multiplying Factor =
Schedule II (Materials) subtotal x Multiplying Factor =
Estimated Total Cost:
ARTICLE 5 - CONTRACT TIMES
5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment
within the number of calendar days indicated in the Agreement.
5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Work within the times specified in the Agreement.
ARTICLE 6 — TERMINOLOGY
6.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders
will have the meanings assigned to them.
SUBMITTED on 20
Arkansas State Contractor License No.
00 40 00 BID FORM
5
CITY OF FAYETTEVILLE, ARKANSAS:
BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION
If Bidder is:
Name (type or printed):
(Individual's Signature)
Doing business as:
Business address:
Phone No.:
A Partnership
Partnership Name:
By:
N/A
FAX No.:
(SEAL)
(SEAL)
(Signature of general partner —attach evidence of authority to sign)
Name (type or printed):
Business address:
Phone No.:
FAX No.:
A Corporation
Corporation Name: J BZ, Inc (dba Ellingson Contracti nq) (SEAL)
State of Incorporation: Arkansas
Type (General Business, Professional, Service, Limited Liability):
S-Corp
B
(Signature — att evidence of authority to sign)
00 40 00 BID FORM
6
CITY OF FAYETTEVILLE, ARKANSAS:
BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION
Name (type or printed): David R. Ellingson
Title: President
(CORPORATE SEAL)
Attest: -A 0 n C o �.
(Signur of Corporate Secretary)
Business address: 108 E. University Street
Siloam Springs AR, 72761
Phone No.: 479-215-6889 -- -------fAX No.: N/A
END OF 00 40 00 BID FORM
00 40 00 BID FORM
7
C
ellingson contracting
Qualifications for
Porter Produce Warehouse Stabilization
STATEMENT OF QUALIFICATIONS
Index a
Narrative Statement -Pages 3 to 5
A detailed description of our specialized approach to this project.
Currently Bonded Projects -Page 6
A list of our currently bonded projects.
Past Projects -Pages 7 to 9
A list of similar projects successfully completed by Ellingson Contracting.
Personnel - Pages 10 to 15
A list of brief resumes for construction team members who are ready to serve on this project.
Key Subcontractors -Pages 16 to 21
Profiles of select trades that will be performing critical elements of the project.
Woolsey Historic Homestead Renovation
STATEMENT OF QUALIFICATIONS
Narrative Statement I I
January 11, 2024
The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
To: Porter Produce Warehouse Project Selection Committee
Nearly two decades ago, my passion for historical restoration projects was kindled by working on
the multi -phase exterior restoration of Old Main on the University of Arkansas, Fayetteville
campus. That project was instrumental in forming my views on quality masonry tuckpointing,
precast sill replacement, and wood restoration methods on an iconic building.
Today, I am proud to present our proposal for the Porter Produce Warehouse Stabilization Project.
We have specifically selected our team members for this project because they are each dedicated
and passionate about craftsmanship, quality, and historical restoration. Our craftspeople have
decades of combined historic restoration experience that we would like to share in helping to
preserve a part of history in the Fayetteville community.
We have dedicated many hours to visiting the site, analyzing the renovation drawings and specific
stabilization needs, contacting suppliers and vendors, and completing a detailed quantity take -off
of our labor, material, and equipment to successfully complete this project. We believe that our
previous experience in working with similar historical structures, and the time that we have taken to
understand this specific project has given us a thorough understanding of the stabilization needs
for the Porter Produce Warehouse.
Staffing Credentials and Continuity
We recognize the delicate nature of the building and the care that will be needed to bring it
successfully to a preserved condition. With this in mind, it is our intention to use only the most
highly qualified tradespeople in our proposal for this historic stabilization project. We feel it is
essential that one talented construction manager be intimately familiar with the project details,
scheduling, and quality control — and that this individual should be present on -site from the
beginning of the project until its final completion. This consistency in personnel will ensure uniform
execution and quality control of the work. Therefore, we are proposing our Superintendent and
Master Carpenter, Lloyd Reimer, to fill this position. Lloyd is a seasoned veteran Superintendent
for Ellingson Contracting that also has decades of custom woodworking experience and
knowledge. Lloyd is the ideal candidate to be a working Superintendent on -site.
STATEMENT OF QUALIFICATIONS
Narrative Statement I I
(cont.)
Documentation
At the commencement of the project, we will take hundreds of photographs of the existing facility to
document the existing conditions. Additional pictures will be used to document the progress of the
project at various stages and milestones. The phase of deconstruction of the existing exterior
masonry wall is one instance where proper documentation will be critical. The photographs ensure
that all steps are taken to catalogue the existing building and then rebuild it exactly as it was.
Documentation of project -approved materials will also be handled promptly. A mortar sample will
be taken early in the project process to ensure the proper materials are used in the tuckpointing
process. All material selections will be approved through the Architect of Record before being
ordered or incorporated into the project. Door and window material and shop drawings are another
specific example of two critical elements that will be documented, verified, and approved before
being built.
Quality Control
The restoration process will also be systematic and planned. A critical path method schedule will
be provided that allows for time to adequately document, remove, and reconstruct building
elements.
One example of quality control that our mason will be managing is mortar discoloration and
mottling. This color variation can occur if substrate and curing conditions vary from surface-to-
surface. One specific way that we will ensure a uniform mortar shade and color on this project is
to point all the walls in controlled sequences and to the same depth. To accomplish this, our
mason will rake out the joints of the newly reconstructed wall as it is laid up. This will allow both
the existing masonry walls and newly reconstructed masonry walls to be pointed back at the same
time and under the same environmental conditions. This step will help to avoid dissimilar mortar
colors and provide a high -quality finished product.
As bricks are removed during the wall deconstruction process it will be critical they are protected.
The bricks will be removed by hand, and then stacked, palletized, and wrapped. These palletized
bricks will then be stored in a secure location until they are needed to rebuild the wall.
Project Specific Risks
There are three significant risks involved in the selective demolition and stabilization of this historic
building.
The first risk that we will face is the potential for marring and defacing the existing historical
building elements while we selectively remove the non -historical elements of the existing
building. We understand the critical need to incorporate careful, strategic and meticulous
demolition methods to protect the historical elements of the building. Careless actions taken
STATEMENT OF QUALIFICATIONS
Narrative Statement I I
(cont.)
during the selective demolition phase could damage parts of the historic fabric of the building. The
intent of the restoration is for the building to be able to tell a story of history through its own walls,
floors, and ceilings. It is very discouraging to see new cuts, holes, or scratches marring historical
elements. We will have specific quality control plans in place that address all selective demolition
activities. One critical element of this project will be the removal of existing mortar between
masonry elements before re -pointing. A hand -tool removal method will be incorporated to reduce
the risk of damage to the existing brick and stone.
The second risk during the demolition and stabilization process is the removal of entire wall
sections. This wall deconstruction is essential in the restoration process, but it will put stress on
the building and increase the risk of building element failures. We have planned for a series of
temporary wall shoring systems that would stabilize the wall and roof sections to allow our trades
people to work safely and keep the building structurally sound. These building stabilization
methods will incorporate scaffolding, screw jacks, temporary brace/footing locations that will be
strategically installed to avoid marring the building surfaces to remain.
Lastly, the commencement of this project begin in mid -winter. We realize that cold and wet
weather conditions will need to be carefully monitored and managed during the restoration
process. We will ensure that that the historic building is not damaged further by any untimely
construction sequences. We will have mitigation plans in place and take steps of temporary
weather protection to keep excessive moisture out of the historic structure.
Our team has developed a plan to mitigate the risk factors of this project while providing the
staffing and quality control that will ensure a successful job at completion.
Ellingson Contracting would be proud to partner with the City of Fayetteville to preserve our local
history though the restoration of the Porter Produce Warehouse.
Please let me know if there are any other questions I can help answer about our experience or
restoration methods.
-David R. Ellingson
(479) 215-6889 (mobile)
President, Ellingson Contracting
STATEMENT OF QUALIFICATIONS
Currently Bonded Projects
Woolsey Historic Homestead
Renovation
Owner:
• City of Fayetteville
• Point of Contact: Wade Abernathy
Architect:
• Revival Architecture
• Point of Contact: Aaron Ruby
Contract Value:
• $901,293.00
Surety:
• The Ohio Casualty Insurance Co.
Estimated Completion:
• TBD
Siloam Springs District Court
Renovation
Owner:
• City of Siloam Springs
• Point of Contact: Randall Clark
Architect:
• WER Architects
• Point of Contact: Elizabeth Stinnett
Contract Value:
• $372,000.00
Surety:
• The Ohio Casualty Insurance Co.
Estimated Completion:
• August 2024
Moseley School Security
Retrofit
Owner:
• Moseley Public School
• Point of Contact: Machele Potter
Architect:
• N/A
• Point of Contact: N/A
Contract Value:
• $99,195.00
Surety:
• The Ohio Casualty Insurance Co.
Estimated Completion:
• February 2024
STATEMENT OF QUALIFICATIONS
Woolsey Historic Homestead
Renovation
Fayetteville, Arkansas
Ellingson Contracting performed renovations and reconstruction to the Woolsey
Historic Homestead under a contract with the City of Fayetteville. The project fo-
cused on foundation, structural, and cosmetic improvements, while being mindful of
the nature of the historic structure. Additionally, period -style improvements were
made to the roof, stone chimney, doors, and windows. Cast-iron fencing was also
restored in the adjoining Woolsey family graveyard.
The majority of the homestead portion of the project was completed between 2019
and 2023, while continued restoration to the surrounding buildings is still ongoing.
Ellingson Contracting self -performed approximately 80% of the work on this project.
3
Cew-w
PROJECT TYPE
Historic Renovation
OWNER
City of Fayetteville
Contact: Wade Abernathy
ARCHITECT
Revival Architecture
Contact: Aaron Ruby
BUILDING AGE
Circa 1843
SQUAREFOOTAGE
1,483 SF
DATE OF COMPLETION
Ongoing
CONTRACT AMOUNT
$901,293.00
STATEMENT OF QUALIFICATIONS 1 7
Historic Walker -Stone House
Renovation
Fayetteville, Arkansas
Ellingson Contracting performed renovations and upgrades to the Historic Walker -
Stone House under a contract with Experience Fayetteville. The project focused
on incorporating accessibility and safety upgrades, while being mindful of the na-
ture of the historic structure. Additionally, period -style improvements were made to
handrails, guardrails, and steps on the property. An original set of wood doors was
also installed into an opening after selective demolition of a non -historic wall.
Ellingson Contracting self -performed approximately 40% of the work on this project.
Ce'-q
PROJECT TYPE
Historic Renovation
OWNER
Fayetteville Advertising and
Promotion Commission
Contact: Molly Rawn
ARCHITECT
Revival Architecture
Contact: Aaron Ruby
ENGINEER
MPE Consulting Engineers
Contact: Douglas F. Brown
BUILDING AGE
Circa 1847
SQUAREFOOTAGE
3,658 SF
DATE OF COMPLETION
December 4th, 2018
FINAL CONTRACT AMOUNT
$157,775.60
STATEMENT OF QUALIFICATIONS 1 8
Past
Projects
Sulphur Springs Old School PROJECT TYPE
Complex Historic District Historic Renovation
OWNER
Sulphur Springs, Arkansas City of Sulphur Springs
Contact: Shane Weber
Ellingson Contracting contracted with the City of Sulphur Springs to perform exteri- ARCHITECT
or renovations on their current City Administration Building. We restored, rebuilt
(and glazed where needed) 20 exterior divided lite wood windows on the west face deMX Architecture
of the brick building. We also partnered with CKC Cabinets to rebuilt two custom Contact: Tim Maddox
sets of mortise and tendon full divided-lite double -doors on the west side of the
building. BUILDING AGE
Circa 1941
Ellingson Contracting self -performed approximately 85% of the work on this project.
SQUAREFOOTAGE
7,048 SF
DATE OF COMPLETION
May 1 st, 2018
FINAL CONTRACT AMOUNT
$44,846.00
STATEMENT OF QUALIFICATIONS
Personnel a
J
One of the largest factors in the success of a construction project is the team of
people who are selected to work together.
Each member of the Ellingson Contracting project management and field production teams
provide unique talents and experiences that will make the restoration process a success for the
Porter Produce Warehouse Stabilization.
The contact information and resumes attached reflect a few key management personnel that
would be engaged in project coordination and execution.
Preconstruction Contact Person
Chris Hobby
Director of Preconstruction
chris@ellingsoncontracting.com
(479) 644-2363
Ellingson Contracting
PO 7202
Siloam Springs, AR 72761
Key Ellingson Personnel
David Ellingson
President
david@ellingsoncontracting. com
Rick Campbell
Director of Operations
rick@ellingsoncontracting.com
byT@ -It ••I
Senior Project Manager
daniel@ellingsoncontracting.com
Lloyd Reimer
Master Carpenter
Iloyd@ellingsoncontracting.com
STATEMENT OF QUALIFICATIONS 1 10
Owner/President
david@ellingsoncontracting.com
Education/Certification:
• B.A. Construction
Management - John Brown
University May 2006
• M.S. Construction
Management - Clemson
University August 2022
• Certified Professional
Constructor - American
Institute of Constructors
David Ellingson, CPC
David provides executive oversight of all projects, while remaining
actively involved in the day-to-day operations of the company. David is
experienced in a wide variety of construction types including: historic
remodels, office/retail, K-12 & higher education.
He is a Certified Professional Constructor through the American Institute
of Constructors, is a past board member for the Siloam Springs Chamber
of Commerce, and serves as Chairman on the Advisory Board for the John
Brown University Construction Management Department.
Partial Project Experience Includes:
• Woolsey Historic Homestead —Fayetteville AR
• Walker Stone House —Fayetteville AR
• Sulphur Springs Old School Complex —Sulphur Springs AR
• Ellis Building —Fayetteville AR
• Old Main Historic Renovations —Fayetteville AR
STATEMENT OF QUALIFICATIONS 1 11
Chris Hobby
Chris leads the Ellingson Preconstruction team and provide oversite for
all projects from inception until they are ready for construction. The
mission of his team is to establish the relationships, budgets, and scopes
of work required to prepare the project for success.
Chris has delivered over $1 B in pre -construction budgets resulting in
Director of successful projects for customers. Chris is very familiar with the needs of
Preconstruction historic restorations, and will provide detailed quantity take -off of each
chris@ellingsoncontracting.com system and element to ensure that each part of the project has been ac-
counted for.
Education/Certification: Partial Project Experience Includes:
• Woolsey Historic Homestead —Fayetteville AR
• B.S. Construction
Management -John Brown Walker Stone House —Fayetteville AR
University 1998 •
• B.A. Human Resources - • Sulphur Springs Old School Complex —Sulphur Springs AR
Harding University 1992
• Ellis Building —Fayetteville AR
STATEMENT OF QUALIFICATIONS 1 12
.04,
Director of Operations
rick@eIIingsoncontracting.com
Education/Certification:
• B.A. Construction
Management - John Brown
University - 2014
• Associate Constructor -
American Institute of
Constructors - 2014
• OSHA 30 Certified
Rick Campbell
Rick serves as the Director of Operations and oversees all project produc-
tion and scheduling needs company -wide. Rick has managed each of the
historic restoration projects that Ellingson Contracting has performed
over the past decade.
At Ellingson Contracting Rick also manages quality control and safety
programs for our subcontractors and self -perform field crews to ensure
that all completed work meets the expectations of both the design team
Partial Project Experience Includes:
• Woolsey Historic Homestead —Fayetteville AR
• Walker Stone House —Fayetteville AR
• Sulphur Springs Old School Complex —Sulphur Springs AR
• Ellis Building —Fayetteville AR
STATEMENT OF QUALIFICATIONS 1 13
Senior Project
Manager
daniel@ellingsoncontracting.com
Education/Certification:
• B.S. Construction
Management, Business
Administration Emphasis -
John Brown University 2016
• OSHA 30 Certified
• Rigging & Signaling,
Trenching & Excavation, First
Aid & CPR Training
Daniel Coon
Daniel has had extensive experience in both renovation and new
construction work. He has worked both in the field and in the office in
various roles that have allowed him to gain a wide grasp of knowledge of
the industry.
Daniel invests back into the construction industry by Adjunct teaching in
the Construction Management Department at John Brown University.
Partial Project Experience Includes:
• Cookson Hills Addition
• Colcord Campus Improvements
• Saving Grace House Renovations
• Inn of the Ozarks Repairs
• Woolsey Historic Homestead
STATEMENT OF QUALIFICATIONS 1 14
low
Master Carpenter
IIoyd@eIIingsoncontracting.com
Education/Certification:
• OSHA 30 Certified
• First Aid and CPR Training
• Equipment Operations
Certificates
Lloyd Reimer
Lloyd has over 40 years of hands-on experience in performing
renovation and restoration work in the Kansas and Arkansas regions.
His attention to detail and craftmanship is proven through the projects
he has managed in the past.
Lloyd owned his own construction company for 35 years, which allowed
him to develop skills in both customer service and quality control.
Partial Project Experience Includes:
• Woolsey Historic Homestead —Fayetteville AR
• Walker Stone House —Fayetteville AR
• Sulphur Springs Old School Complex —Sulphur Springs AR
• Ellis Building —Fayetteville AR
STATEMENT OF QUALIFICATIONS 1 15
Key Subcontractors a
J
Our partnerships in the construction industry help us to complete our team.
The master mason and the master carpenter we have selected for this project both have decades
of experience in their respective trades. Each of these craftsman take pride in the work they
create, and have proven to be team players on past projects.
The contact information for these individuals is listed below and representative past project
pictures are provide in the following pages.
Masonry
Square One Masonry
Mike Engstrom
2622 Locust Rd,
Fort Scott, KS 66701
jamesengstrom69@gmail.com
(913) 712-6397
Windows
CKC Cabinet
Steve Taylor
22540 Westwood Dr.
Siloam Springs, AR 72761
swt8660@gmail.com
(620) 724-0407
STATEMENT OF QUALIFICATIONS 1 16
SQUARE ONE
MASONRY & REti MRATIO\
2622 Locust Rd, Fort Scott, KS 66701
jamesengstrom69@gmail.com
913-712-6397
Resume
Square One Masonry & Restoration is a family owned and operated business with decades of experience in the
restoration and preservation of historic masonry structures. We pride ourselves on preserving historic structures
for future generations to enjoy.
Projects
1. Kentucky State Capitol (Terra Cotta Dome restoration)
At the Kentucky State Capitol building, we removed and cataloged approximately 2700
pieces of terra cotta that made up the dome shell.
STATEMENT OF QUALIFICATIONS 1 17
Proiects (Continued
2. 1st Presbyterian church, Boise Idaho (parapet wall restoration, and limestone coping
replacement)
At the 1st Presbyterian church in Boise Idaho, we removed all of the limestone coping
stones and rebuilt bad areas of the parapets, installed new copper flashing, and re -set all
coping stones.
3. Marshall County Court house, Marshalltown Iowa (extensive rebuilding of the brick
tower due to tornado damage)
At the Marshall County Court House, we rebuilt the base of the tower to support the new
steel dome. Also, we had to disassemble various sections of wall (brick and limestone)
and rebuild to its original condition.
4
STATEMENT OF QUALIFICATIONS 1 18
Proiects (Continued
4. Mississippi County Court House, Osceola AR (Terra cotta restoration and repoint)
At the Mississippi County Court Houses we cut and repointed the entire building, along
with the restoration of all the of the terra cotta around the structure.
r ' N671 WR COUNTY COURTHOUSE.
:.� OSCEOL,. - -
� .• � TM wh.w c�u.u. «. rw .. na « 'r
• r r+� a a on.e. c...a.«w
r r tyy � r
.AI�II�L
5. Mississippi County Court House, Blytheville AR (Terra Cotta restoration and repoint)
STATEMENT OF QUALIFICATIONS 1 19
Proiects (Continued
6. Schifferdecker and Zelleken mansions in Joplin MO
At the Schifferdecker and Zelleken mansions in Joplin MO, we cut and repointed both
structures 100% along with both carriage houses. We replicated and rebuilt all the chim-
neys using old photographs. We disassembled several doorways and reconstructed those.
We hand carved several pieces of stone for new thresh holds.
Schifferdecker
Zelleken
STATEMENT OF QUALIFICATIONS
CKC Cabinet
22540 Westwood Dr.
Siloam Springs, AR 72761
620 724-0407
Race ima
CKC Cabinet is owned by Steve Taylor, who has over 20 years of millwork and finish trim experience, and 7 years
as Owner of CKC Cabinet.
Case Study Project
Woolsey Farmhouse Restoration
At the Woolsey Homestead, Steve recreated historic windows, doors, and fireplace
mantles.
p
Y
STATEMENT OF QUALIFICATIONS 1 21
Cedlingson contracting
roBox ,zo2
Siloam Springs, AR 72761
479 549-9055
STATEMENT OF QUALIFICATIONS
1/11/2024
Unit Price Schedule 1, 2, & 3
Schedule 1 Labor
Schedule 2 Material
Schedule 3
Equipment
Totals
Item
CITY
UOM
Crew
Crew Rate
Crew
Hours
Labor Total
Labor Unit $
Material
Rate
Material
Total
Material Unit
$
Equipment
Rate
CITY
UOM
Equipment
Total
Equipment
Unit $
Total
Total Unit $
General Conditions
6
MO
lGeneral Conditions
$ 121.55
N/A
$ 91,097
$ 15,182.83
$ 2,195.65
$ 13,174
$ 2,195.65
$ 5,984.00
1
LS
$ 5,984
$ 997.33
$ 110,255
$ 18,375.81
Demolition
Areaway/Steps & Door Opening Demo
1
EA
Demolition (2 man crew)
$ 92.00
6
$ 552
$ 552.00
$ 278.09
$ 278
$ 278.09
$ 204.39
1
EA
$ 204
$ 204.39
$ 1,034
$ 1,034.48
Window Removal
1
EA
Demolition (2 man crew)
$ 92.00
18
$ 1,656
$ 1,656.00
$ 834.28
$ 834
$ 834.28
$ 613.16
1
EA
$ 613
$ 613.16
$ 3,103
$ 3,103.45
Remove Existing Doors
1
EA
Demolition (2 man crew)
$ 92.00
8
$ 736
$ 736.00
$ 370.79
$ 371
$ 370.79
$ 272.51
1
EA
$ 273
$ 272.51
$ 1,379
$ 1,379.30
Remove Existing Doors
1
EA
Demolition (2 man crew)
$ 92.00
2
$ 184
$ 184.00
$ 92.70
$ 93
$ 92.70
$ 68.13
1
EA
$ 68
$ 68.13
$ 345
$ 344.83
Remove Misc. Box/Device
1
EA
Demolition (2 man crew)
$ 92.00
1
$ 92
$ 92.00
$ 46.35
$ 46
$ 46.35
$ 34.07
1
EA
$ 34
$ 34.07
$ 172
$ 172.42
Remove Trash/Debris from Crawspace
1
EA
Demolition (2 man crew)
$ 92.00
4
$ 368
$ 368.00
$ 185.39
$ 185
$ 185.39
$ 136.26
1
EA
$ 136
$ 136.26
$ 690
$ 689.65
Remove all tree/Root System in its Entirety
1
EA
Demolition (2 man crew)
$ 92.00
2
$ 184
$ 184.00
$ 92.70
$ 93
$ 92.70
$ 68.13
1
EA
$ 68
$ 68.13
$ 345
$ 344.83
Remove Existing Steps to crawlspace
1
EA
Demolition (2 man crew)
$ 92.00
2
$ 184
$ 184.00
$ 92.70
$ 93
$ 92.70
$ 68.13
1
EA
$ 68
$ 68.13
$ 345
$ 344.83
Remove Existing Non -Load Bearing Partitions
1
EA
Demolition (4 man crew)
$ 184.00
50
$ 9,200
$ 9,200.00
$ 4,634.91
$ 4,635
$ 4,634.91
$ 3,406.45
1
EA
$ 3,406
$ 3,406.45
$ 17,241
$ 17,241.35
Remove Existing Bead -Board and/ Pressed Tin
1
EA
Demolition (2 man crew)
$ 92.00
12
$ 1,104
$ 1,104.00
$ 556.19
$ 556
$ 556.19
$ 408.77
1
EA
$ 409
$ 408.77
$ 2,069
$ 2,068.96
Masonry
Interior Tuckpointing
1800
SF
Masonry (Partial)
$ 177.00
265
$ 46,905
$ 26.06
$ 2.75
$ 4,950
$ 2.75
$ -
$ -
$ -
$ 51,855
$ 28.81
Exterior Tuckpointing
1800
SF
Masonry (Partial)
$ 177.00
265
$ 46,905
$ 26.06
$ 2.75
$ 4,950
$ 2.75
$ -
$ -
$ -
$ 51,855
$ 28.81
Remove, Salvage, Clean Masonry
630
SF
Masonry (Partial)
$ 177.00
180
$ 31,860
$ 50.57
$ -
$ -
$ -
$ 31,860
$ 50.57
Mortor Wash Removal
630
SF
Masonry (Partial)
$ 177.00
50
$ 8,850
$ 14.05
$ -
$ -
$ -
$ 8,850
$ 14.05
Rebuild West Wall
630
SF
Masonry (Partial)
$ 177.00
850
$ 150,450
$ 238.81
$ 22.00
$ 13,860
$ 22.00
$ -
$ -
$ -
$ 164,310
$ 260.81
Apply New Mortar Wash
630
SF
Masonry (Partial)
$ 177.00
50
$ 8,850
$ 14.05
$ -
$ -
$ -
$ -
$ -
$ -
$ 8,850
$ 14.05
New Parge Coat
170
SF
Masonry (Partial)
$ 177.00
100
$ 17,700
$ 104.12
$ -
$ -
$ -
$ -
$ -
$ -
$ 17,700
$ 104.12
Sill Removal & Replacemment
3
EA
Masonry (Partial)
$ 177.00
15
$ 2,655
$ 885.00
$ -
$ -
$ -
$ -
$ -
$ -
$ 2,655
$ 885.00
Stone Infill
3
EA
Masonry (Partial)
$ 160.00
175
$ 28,000
$ 9,333.33
$ 28,000
$ 9,333.33
New Nents
2
EA
Masonry (Partial)
$ 160.00
175
$ 28,000
$ 14,000.00
$ 28,000
$ 14,000.00
Metals
Steel Security Bars, Frames, Lintels
3
EA
Steel
$ 103.00
120
$ 12,360
$ 4,120.00
$ 158.40
$ 475
$ 158.40
$ -
$ -
$ -
$ 12,835
$ 4,278.40
West Elevation Lintels
3
EA
Steel
$ 103.00
40
$ 4,120
$ 1,373.33
$ 33.00
$ 99
$ 33.00
$ -
$ -
$ -
$ 4,219
$ 1,406.33
Rough Carpentry
New Crawlspace Stairs
1
EA
Rough Carpentry
$ 103.00
16
$ 1,648
$ 1,648.00
$ 660.00
$ 660
$ 660.00
$ -
$ -
$ -
$ 2,308
$ 2,308.00
Entry Deck/Stairs
1
EA
Rough Carpentry
$ 103.00
20
$ 2,060
$ 2,060.00
$ 1,320.00
$ 1,320
$ 1,320.00
$ 198.00
1
LS
$ 198
$ 198.00
$ 3,578
$ 3,578.00
New Columns/Footings
17
EA
Rough Carpentry
$ 103.00
141
$ 14,523
$ 854.29
$ 220.00
$ 3,740
$ 220.00
$ 785.40
1
LS
$ 785
$ 46.20
$ 19,048
$ 1,120.49
Patch/Shore Floor Joists
1
EA
Rough Carpentry
$ 103.00
39
$ 4,017
$ 4,017.00
$ 1,100.00
$ 1,100
$ 1,100.00
$ -
$ -
$ -
$ 5,117
$ 5,117.00
New Mid -Span Roof Beams
1
EA
Rough Carpentry
$ 103.00
72
$ 7,416
$ 7,416.00
$ 990.00
$ 990
$ 990.00
$ 1,320.00
1
LS
$ 1,320
$ 1,320.00
$ 9,726
$ 9,726.00
Doors, Windows, and Louvers
Double Door with Transom
1
EA
Millwork
$ 103.00
56
$ 5,768
$ 5,768.00
$ 9,618.95
$ 9,619
$ 9,618.95
$ 15,387
$ 15,386.95
Single Door with Sidelites South Elevation
1
EA
Millwork
$ 103.00
46
$ 4,738
$ 4,738.00
$ 10,894.40
$ 10,894
$ 10,894.40
$ 15,632
$ 15,632.40
Single Door South Elevation
1
EA
Millwork
$ 103.00
30
$ 3,090
$ 3,090.00
$ 3,179.00
$ 3,179
$ 3,179.00
$ 6,269
$ 6,269.00
Large Windows
1 6
EA
IMillwork
1 $ 103.00
123
$ 12,669
$ 2,111.50
$ 1,670.08
$ 10,020
$ 1,670.08
$ 22,689
$ 3,781.58
Small Windows
1 3
EA
IMillwork
1 $ 103.00
51
$ 5,253
$ 1,751.00
$ 835.03
$ 2,505
$ 835.03
$ 7,758
$ 2,586.03
Ellingson Contracting I PO Box 7202 1 Siloam Springs I AR 1 72761 Porter House Warehouse
1/11/2024
Unit Price Schedule 1, 2, & 3
Schedule 1 Labor
Schedule 2 Material
Schedule 3
Equipment
Totals
Item
CITY
UOM
Crew
Crew Rate
Crew
Hours
Labor Total
Labor Unit $
Material
Rate
Material
Total
Material Unit
$
Equipment
Rate
CITY
UOM
Equipment
Total
Equipment
Unit $
Total
Total Unit $
Louvres
3
EA
Millwork
$ 103.00
22
$ 2,266
$ 755.33
$ 261.71
$ 785
$ 261.71
$ 3,051
$ 1,017.05
Roof framing, Roofing & Flashing
South and West Metal Wall Copings
1
EA
Sheet Metal (2 man crew)
$ 172.00
34
$ 5,848
$ 5,848.00
$ 3,300.00
$ 3,300
$ 3,300.00
$ 9,148
$ 9,148.00
Clean Existing Gutters
1
EA
Sheet Metal (2 man crew)
$ 172.00
2
$ 344
$ 344.00
$ -
$ -
$ -
$ 344
$ 344.00
New Elbows and Splash Blocks
2
EA
Sheet Metal (2 man crew)
$ 172.00
2
$ 344
$ 172.00
$ 55.00
$ 110
$ 55.00
$ 454
$ 227.00
Repair Roof Penetratrions
2
EA
Sheet Metal (2 man crew)
$ 172.00
6
$ 1,032
$ 516.00
$ 137.50
$ 275
$ 137.50
$ 1,307
$ 653.50
Painting
Existing Door, Frame, and Louvers
1
EA
Painting
$ 84.00
20
$ 1,680
$ 1,680.00
$ 770.00
$ 770
$ 770.00
$ -
$ -
$ -
$ 2,450
$ 2,450.00
New Louvers
3
EA
Painnting
$ 84.00
25
$ 2,100
$ 700.00
$ 770.00
$ 2,310
$ 770.00
$ -
$ -
$ -
$ 4,410
$ 1,470.00
Subtotals
$ 566,808
$ 96,270
$ 13,567
$ 676,646
Insurance
1.25%
PCT
$ 7,085
$ 1,203
$ 170
$ 8,458
Performance & Payment Bonds
2.00%
PCT
$ 11,478
$ 1,949
$ 275
$ 13,702
Subtotals
$ 585,371
$ 99,423
$ 14,012
$ 698,806
Fee
5.00%
PCT
29,269
$ 4,971
$ 701
$ 34,940
Grand Total
+$$
614,640
1
$ 104,394
1
$ 14,712
1
$ 733,746
Ellingson Contracting I PO Box 7202 1 Siloam Springs I AR 1 72761 Porter House Warehouse
Unit Price Schedule I Labor Crews
Crew
Labor Description
# Persons
Rate
Total
UOM
General Conditions
Superintendent
1
$ 80.00
$ 80.00
HRS
General Conditions
Project Manager
0.2
$ 94.00
$ 18.80
HRS
General Conditions
Assistant Project Manager
0.25
$ 68.00
$ 17.00
HRS
General Conditions
I Laborer
1 0.25
$ 23.00
1 $ 5.75
IHRS
Masonry
ITotal Crew Rate
I
1
1 $ 121.55
Crew
Labor Description
# Persons
Rate
Total
UOM
Demolition
Foreman
1
$ 46.00
$ 46.00
HRS
Demolition
Laborer
3
$ 46.00
$ 138.00
HRS
Masonry
Total Crew Rate
$ 184.00
Crew
Labor Description
# Persons
Rate
Total
UOM
Masonry
Master Mason
3
$ 105.00
$ 315.00
HRS
Masonry
Masonry Laborer
3
$ 72.00
$ 216.00
HRS
Masonry
Total Crew Rate
$ 531.00
Crew
Labor Description
# Persons
Rate
Total
UOM
Rough Carpentry
Master Carpenter
1
$ 80.00
$ 80.00
HRS
Rough Carpentry
Laborer
1
$ 23.00
$ 23.00
HRS
Masonry
Total Crew Rate
$ 103.00
Crew
Labor Description
# Persons
Rate
Total
UOM
Painting
Painter
1
$ 61.00
$ 61.00
HRS
Painting
Laborer
1
$ 23.00
$ 23.00
HRS
Masonry
Total Crew Rate
$ 84.00
Crew
Labor Description
# Persons
Rate
Total
UOM
Millwork
Master Carpenter
1
$ 80.00
$ 80.00
HRS
Millwork
Laborer
1
$ 23.00
$ 23.00
HRS
Masonry
Total Crew Rate
$ 103.00
Crew
Labor Description
# Persons
Rate
Total
UOM
Roofing
Sheet Metal Journeyman
1
$ 86.00
$ 86.00
HRS
Roofing
Sheet Metal Journeyman
1
$ 86.00
$ 86.00
HRS
Masonry
Total Crew Rate
$ 172.00
Ellingson Contracting
One Year Detailed Balance Sheet
Report ID: B1
As of November 30, 2023
2023
Year -To -Date
Actual
ASSETS
CURRENT ASSETS
Grand Savings Checking 8501
426,473.04
Grand Savings CD 9730
0.00
Grand Savings CD 1530
101,888.97
Arvest Checking Account x0913
5,547.20
Accounts Receivable
998,736.70
Contracts Receivable
0.00
Retainage Receivables
202,002.33
Other Receivables
0.00
Allowance for Doubtful Accts
(34,036.72)
Jobs in Progress/Cntrct Assets
153,443.43
Pre -paid expenses
12,187.38
Unbilled Receivables
0.00
Unapplied Job Materials
0.00
Other Current Assets
0.00
TOTAL CURRENT ASSETS
1,866,242.33
FIXED ASSETS
Furniture and Fixtures
13,669.87
Office Equipment
5,835.54
Computers
0.00
Software
3,124.00
Tools & Equipment
449,933.22
Vehicles
609,542.51
Other Depreciable Property
0.00
Leasehold Improvements
0.00
Commercial Real Estate
96,416.00
Commercial RE Improvements
50,122.00
Right -of -Use
632,765.00
Land - Unimproved lots
0.00
1,861,408.14
LESS ACCUM. DEPRECIATION
(282,294.44)
NET FIXED ASSETS
1,579,113.70
OTHER ASSETS
Due From SGR
9,054.48
This Financial Statement is private
information. Please due not
distribute.
Page 1
Report ID: B1
Note Receivable - SGRE
Note Rec-Corner Rental #230001
Note Rec-Corner Rental #230002
Due from CR1
Security Deposits - Pd by JBZ
Payroll Clearing
TOTAL OTHER ASSETS
TOTAL ASSETS
Ellingson Contracting
One Year Detailed Balance Sheet
As of November 30, 2023
2023
Year -To -Date
Actual
199,641.11
71,777.16
55,000.00
0.00
0.00
35,654.94
371,127.69
3,816,483.72
This Financial Statement is private
information. Please due not
distribute.
Page 2
Ellingson Contracting This Financial Statement is private
One Year Detailed Balance Sheet information. Please due not
Report ID: B1 distribute.
As of November 30, 2023
2023
Year -To -Date
Actual
LIABILITIES & STOCKHOLDERS EQUITY
CURRENT LIABILITIES
Capital One Spark Payable
10,222.14
Lowes Card Payable
4,277.44
Security Bankcard Payable
0.00
Garnishments Payable
0.00
Accounts Payable
746,627.51
Retainage Payable
206,555.45
Accrued Wages
44,101.52
Accrued Property Taxes
5,186.43
Federal Payroll Tax Liabilitie
0.00
State WH Taxes Payable - AR
0.00
State WH Taxes Payable - OK
0.00
SUTA - AR
0.00
Employee Benefits Payable
0.00
Employee Deductions Payable
(2.87)
IRA Payable Fidelity
8.99
Accrued WC/GL
0.00
Payroll Tax Liabilities
0.00
Jobs in Progress/Cntrct Liabil
466,918.55
Current Portion Long -Term Debt
0.00
Notes Payable GSB - PPP Loan
0.00
Accrued Interest Payable
2,004.69
Current Portion LT Debt
60,609.25
Accrued Expenses
0.00
TOTAL CURRENT LIABILITIES 1,526,509.10
OTHER LIABILITIES
Line of Credit - Commercial
0.00
Notes Payable GSB - 108 E Univ
0.00
Notes Payable - John Deere
17,613.48
Notes Payable - Kubota Credit
28,029.58
Notes Pybl GSB-PERM108 E Univ
286,324.96
Notes Pybl-GM Fin #304284
32,006.79
Notes Pybl-GM Fin #140411
38,894.39
Notes Payable - Ally #278076
38,659.41
Notes Payable - Ally #231550
43,746.07
Notes Pybl-GM Fin #359452
57,655.51
Page 3
Report ID: B1
Operating Lease
Notes Payable - Shareholder
Notes Pybl-TD Auto Fin #99417
Other Long -Term Liabilities
Less Current Long Term Debt
Inter Cost Center Posting
TOTAL OTHER LIABILITIES
TOTAL LIABILITIES
STOCKHOLDER EQUITY
Beginning Balance Equity
Common Stock/Capital
Paid -in Capital
Dividends Paid
Retained Earnings
Shareholder Distributions
Prior Period Adjustment
YEAR-TO-DATE EARNINGS
TOTAL EQUITY
TOTAL LIABILITIES & EQUITY
Ellingson Contracting
One Year Detailed Balance Sheet
As of November 30, 2023
2023
Year -To -Date
Actual
632,765.00
0.00
56,083.87
0.00
(60,609.25)
0.00
1,171,169.81
2,697,678.91
0.00
300.00
42,562.26
(15,000.00)
306,379.79
0.00
0.00
436,408.17
1,118,804.81
3,816,483.72
This Financial Statement is private
information. Please due not
distribute.
Page 4
Ellingson Contracting
One Year Detailed Income Statement
Report ID: 11
This Financial Statement is private
information. Please due not
distribute.
As of November 30, 2023
2023
Year -To -Date
Actual
Row %
REVENUE:
Revenue
10,063,631.13
99.93
Profit/Loss Incomplete Project
0.00
0.00
Revenue - Misc
6,772.60
0.07
AR Ready for Business Grant
0.00
0.00
Econ Injury Disaster Loan Adv
0.00
0.00
TOTAL REVENUE
10,070,403.73
100.00
DIRECT JOB COSTS:
Direct Labor Costs
508,961.27
5.05
Materials Costs
806,356.92
8.01
Equipment
300,166.14
2.98
Subcontract Labor
6,010,625.89
59.69
Closing Fees - COGS
0.00
0.00
Permits - COGS
500.00
0.00
Job Specific Bonds & Insurance
2,505.00
0.02
Cost of Sales -Other
0.00
0.00
PW Fringe Debit
605.00
0.01
PW Fringe Credit
0.00
0.00
Allocated from Indirect
844,154.04
8.38
TOTAL DIRECT JOB COSTS
8,473,874.26
84.15
GROSS MARGIN
1,596,529.47
15.85
OWNED EQUIPMENT COSTS:
Vehicle Expenses
35.02
0.00
Vehicle Fuel
20,884.05
0.21
Vehicle Insurance
45,231.00
0.45
Vehicle Maintenance
26,263.99
0.26
Vehicle Registration/Tags
486.09
0.00
Vehicle Repairs
469.43
0.00
Vehicle Sales Taxes
9,075.16
0.09
Vehicle & Equip Property Taxes
4,545.58
0.05
Equipment Expense
51.50
0.00
Equipment Fuel
224.93
0.00
Equipment Maintenance
7,692.07
0.08
Equipment Repairs
7,749.59
0.08
Equipment Sales Tax
4,515.35
0.04
Page 1
Ellingson Contracting
One Year Detailed Income Statement
Report ID: 11
This Financial Statement is private
information. Please due not
distribute.
As of November 30, 2023
2023
Year -To -Date
Actual
Row %
Equipment Tags
184.00
0.00
Tax Expense RE Prop- Univ Lots
0.00
0.00
Equip allocation to direct
(236,134.25)
(2.34)
TOTAL EQUIPMENT COSTS
(108,726.49)
(1.08)
INDIRECT COSTS:
Wages Project Managers
106,241.73
1.05
Bonuses - Project Managers
1,500.00
0.01
PTO - Project Managers
12,207.93
0.12
Wages Superintendents
171,302.78
1.70
Bonuses - Superintendents
32,900.00
0.33
PTO - Superintendent
27,101.56
0.27
Wages - Field non job
48,140.03
0.48
Bonus - Field
17,700.00
0.18
PTO - Field Labor
8,597.33
0.09
Wages -Corner Rent Nonsupervisr
23,368.13
0.23
Bonuses-CR Nonsupervisory
200.00
0.00
PTO-CR Nonsupervisory
770.00
0.01
Indirect Payroll Tax Expense
37,929.00
0.38
IndirectWC Expense
74,831.56
0.74
Indirect employee benefit exp
0.00
0.00
Job payroll tax expense
40,495.58
0.40
Job WC Expense
99,129.22
0.98
Clothing/Uniforms
3,470.90
0.03
Employee Benefit Programs
153,752.18
1.53
Insurance Expense
26,096.00
0.26
Insurance - Professional Liab
6,448.00
0.06
Insurance - Umbrella Policy
6,614.00
0.07
Officer Life Insurance Premium
1,178.23
0.01
Purchase Discounts
(87.70)
0.00
Reimbursable Exp
17.30
0.00
Safety & Progress Meetings
51.04
0.00
Safety Apparel & PPE
7,404.58
0.07
Safety Training & Equipment
4,102.17
0.04
Small Tools & Equipment
21,488.10
0.21
Telephone
6,960.60
0.07
Warranty Expense
603.24
0.01
Pre employment testing
986.65
0.01
Allocate to Direct
(844,154.04)
(8.38)
Page 2
Ellingson Contracting
One Year Detailed Income Statement
Report ID: 11
This Financial Statement is private
information. Please due not
distribute.
As of November 30, 2023
2023
Year -To -Date
Actual
Row %
TOTAL INDIRECT COSTS
(11,380.39)
(0.11)
GROSS PROFIT
1,607,909.86
15.97
GENERAL AND ADMIN EXPENSES:
Wages/Salaries-Officers
133,584.66
1.33
Bonuses - Officers
0.00
0.00
PTO - Officer
3,583.26
0.04
Wages/Salaries - Admin
95,529.00
0.95
Bonuses - Admin
4,000.00
0.04
PTO - Admin
5,673.00
0.06
Wages/Salaries-Estimating
134,859.19
1.34
Bonuses - Estimating
15,000.00
0.15
PTO - Estimating
10,201.65
0.10
Accrued Wages and Salaried
0.00
0.00
Wages/Salaries - BaselineD MGR
44,425.92
0.44
Bonuses - Baseline Demo Mgr
200.00
0.00
PTO - Baseline Demo Mgr
4,375.28
0.04
Wages/Salaries-Corner Rntl Mgr
39,536.88
0.39
Bonuses -Corner Rental Mgr
0.00
0.00
PTO - Corner Rental Mgr
2,307.60
0.02
Wages/Salaries - Asset Manager
27,000.00
0.27
Bonuses - Asset Manager
200.00
0.00
PTO - Asset Manager
3,000.00
0.03
Payroll Tax Expense
38,856.90
0.39
Payroll Tax ADP Adjustment
146.07
0.00
WC Expense
48,015.68
0.48
Employee benefits exp
0.00
0.00
IRA MATCH
12,056.95
0.12
Accounting/Legal
22,447.60
0.22
Advertising/Marketing
18,784.33
0.19
Bad Debt Expense
0.00
0.00
Bank Charges
125.00
0.00
Business Development
2,164.92
0.02
Charitable Contributions
51,018.65
0.51
Charitable Projects
5,886.29
0.06
Cleaning
0.00
0.00
Closing Fees (Paid at closing)
0.00
0.00
Computers
16,460.63
0.16
Page 3
Ellingson Contracting
One Year Detailed Income Statement
Report ID: 11
This Financial Statement is private
information. Please due not
distribute.
As of November 30, 2023
2023
Year -To -Date
Actual
Row %
Credit Card Rewards
0.00
0.00
Credit Card Use Fees
0.00
0.00
Depreciation Expense
0.00
0.00
Dues and Subscriptions Exp
3,197.20
0.03
Employee Education
25.00
0.00
Entertainment
16,300.01
0.16
Finance Charges
23.37
0.00
Estimating & PreCon
2,293.25
0.02
FF & E - Office
516.33
0.01
Insurance - 108 University
3,525.12
0.04
Insurance - 501 E 412 Hwy
14,714.88
0.15
Interest Expense
27,823.65
0.28
Interest - Credit Card
0.00
0.00
Internet
5,779.39
0.06
IT Services
780.00
0.01
Licenses
282.50
0.00
Maintenance & Repairs -Property
0.00
0.00
Maintenance -Office 108 Univer
6,741.29
0.07
Maintenance - Shop
118,171.45
1.17
Meals - Deductible
4,948.97
0.05
Meals - Nondeductible
3,118.86
0.03
Moving Expenses
5,000.00
0.05
Office Supplies
6,692.15
0.07
Penalties/Late Charges
0.00
0.00
Postage
718.35
0.01
Rent -Equipment
165.75
0.00
Rent - 501 US 412 Shop
131,725.00
1.31
Rent - Shop (608 S Hico)
1,000.00
0.01
Shop - supplies
2,431.15
0.02
Software
53,762.58
0.53
Taxes - Personal Income Taxes
5,500.00
0.05
Taxes Expense
11,697.04
0.12
Tax Expense RE Prop 108 E Univ
1,157.62
0.01
Tax - Bus Personal Property
5,592.76
0.06
Travel Expenses
3,840.39
0.04
Unemployment Taxes
0.00
0.00
Utilities -Office
4,702.57
0.05
Utilities -SHOP
7,963.90
0.08
Utilities -Other
0.00
0.00
Telephone
686.19
0.01
Page 4
Ellingson Contracting
One Year Detailed Income Statement
Report ID: 11
As of November 30, 2023
Other Expense
TOTAL G & A EXPENSES
OTHER INCOME AND EXPENSES:
Interest Income
Other Income
Oth Inc -Cancel of Indebtedness
FF EE Income
Gain/Loss Sale of Asset
TOTAL OTHER INCOME & EXP
NET INCOME
This Financial Statement is private
information. Please due not
distribute.
2023
Year -To -Date
Actual
Row %
61.77
0.00
1,190, 377.95
11.82
17, 003.92
0.17
294.00
0.00
0.00
0.00
0.00
0.00
1,400.00
0.01
18,697.92
0.19
436,229.83
4.33
Page 5
Appendix C - Bid Tab
CITY OF
FAYETTEVILLE
ARKANSAS
BID TABULATION
Bid 23-47, Construction - Porter Warehouse Stabilization
DEADLINE: Thursday, January 11, 2024 at 3:00 PM
Certification of Funds: $810,000.00 ($1,012,S00.00 totol allowed)
`REJECTED - OVERBID`
Ellingson Contracting
CDI Contractors, LLC
JBZ Inc.
Bodishbau
$733,746.00
$1,212,265.00
Total
Line #
Description QTY
UOM
Unit
Extended
Unit
Extended
1
ondsand insurance 1
LS
$22,160.00
$22,160.00
$11,730.00
$11,730.00
2
MobilizationShall not exceed %S of Bid Total, not including bonds and insurance. 1 1
_
LS
$20,000.00
$20,000.00
$31,767.00
$31,767.00
3
stimated Total Cost - DO NOT INCLUDE PRICING FOR MOBILIZATION OR BONDS AND INSURANCE IN THIS LINE ITEMThis 1
LS
I
$691,586.00
$691,586.00
$1,168,768.00
$1,168,768.00
mount shall match the Estimated Total Cost from Required Signature Forms/Project Manual.
.NOTICE:8id award,, mnbngent upon vendor meeting minimum speafirabons and formal authorx tb by City Offinal,
i t 2`4
Date
aww& - _t I,
(,gq
Amanda Beilfuss, Sr. rchasing Agent ate