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267-18 RESOLUTION
113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 267-18 File Number: 2018-0712 BID # 18-54 JBZ, INC. DB/A ELLINGSON CONTRACTING: A RESOLUTION TO AWARD BID # 18-54 AND AUTHORIZE A CONTRACT WITH JBZ, INC. DB/A ELLINGSON CONTRACTING IN THE AMOUNT OF $228,752.58 FOR THE RESURFACING OF THE BASKETBALL COURT AND INSTALLATION OF NEW TENNIS COURT LIGHTS AT WILSON PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $21,078.42 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 # 18-54 and authorizes Mayor Jordan to sign a contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $228,752.58 for the resurfacing of the basketball court and installation of new tennis court lights at Wilson Park, and further approves a project contingency in the amount of $21,078.42. PASSED and APPROVED on 12/18/2018 Page 1 Attest: Sondra E. Smith, City Clerk CkjtfiI: T ream4 •■• OF gRE RKOf, ►/1111111 City of Fayetteville, Arkansas 113 West Mountain Street -� Fayetteville, AR 72701 (479) 575-8323 i Text File File Number: 2018-0712 Agenda Date: 12/18/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 18 BID # 18-54 JBZ, INC. D/B/A ELLINGSON CONTRACTING: A RESOLUTION TO AWARD BID # 18-54 AND AUTHORIZE A CONTRACT WITH JBZ, INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $228,752.58 FOR THE RESURFACING OF THE BASKETBALL COURT AND INSTALLATION OF NEW TENNIS COURT LIGHTS AT WILSON PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $21,078.42 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 # 18-54 and authorizes Mayor Jordan to sign a contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $228,752.58 for the resurfacing of the basketball court and installation of new tennis court lights at Wilson Park, and further approves a project contingency in the amount of $21,078.42. City of Fayetteville, Arkansas Page 1 Printed on 12/19/2018 Ted Jack Submitted By City of Fayetteville Staff Review Form 2018-0712 Legistar File ID 12/18/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/30/2018 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: ................ Staff recommends approval of a contract with JBZ, Inc. dba Ellingson Contracting of Siloam Springs, AR in the amount of $228,752.58 and a project contingency of $21,078.42 (approximately 9%) for a total cost of $249,841.00 for the resurfacing of the basketball court and installation of new tennis court lights at Wilson Park per Bid #18-54. 2250.520.9255-5806.00 2250.520.9256-5814.05 Account Number 13001.1802 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Park Development Fund Park Development Fund Fund Wilson Park Improvements Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: 396,000.00 7,440.00 388,560.00 249,841.00 V20180321 CITY OF FAYETTEVILLE -y ARKANSAS MEETING OF DECEMBER 18, 2018 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Ted Jack, Park Planning Superintendent DATE: November 29, 2018 SUBJECT: Resolution to approve a contract with JBZ, Inc. dba Ellingson Contracting for Basketball and Tennis Court Improvements at Wilson Park RECOMMENDATION: Staff recommends approval of a contract with JBZ, Inc. dba Ellingson Contracting of Siloam Springs, AR in the amount of $228,752.58 and a project contingency of $21,078.42 (approximately 9%) for a total cost of $249,841.00 for the resurfacing of the basketball court and installation of new tennis court lights at Wilson Park per Bid #18-54. BACKGROUND: One of the most popular places to play tennis and basketball in our city is at Wilson Park. These facilities are old and in need of repair. The Wilson Park Tennis Complex consisting of 4 courts west of the swimming pool has old ballfield lights mounted on wooden poles that need to be upgraded due to their age and lack of light coverage for the tennis players. The lights will be replaced with either LED or metal halide and metal poles to meet the needs of our tennis courts. The basketball court is cracking and has surrounding erosion problems. This project will improve the drainage, resurface the courts, repair the cracks, repaint and stripe the courts. Lights will be installed on the north side of the courts plus drainage improvements will be made to the north and east sides. DISCUSSION: Bid #18-54 was advertised on Wednesday, November 8 and November 15, 2018 and the official bid opening was November 28, 2018. A total of two contractors bid the project with JBZ, Inc. dba Ellingson Contracting being the low bid in the amount of $228,752.58. The bid for this work includes mobilization, site preparation and installation of erosion control, selective demolition (existing asphalt basketball court, sidewalk connections, electrical control and distribution panels, tennis court light poles, wiring, footings), construction of a post - tensioned concrete basketball court, tentative installation of one area light and pole at the BB court, construction of sidewalk connections, drainage improvements, and installation of six LED or metal halide tennis court lights, associated wiring, and a new electrical distribution panel. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 If approved, the work is expected to begin in January and be completed within a contract period of 90 days for substantial completion and 120 days for final. BUDGET/STAFF IMPACT: Funding has been budgeted and is available in project 13001.1802 - Wilson Park Improvements. Attachments: Certified Bid Tabulation JBZ, Inc. dba Ellingson Contracting Bid Submittal Agreement with JBZ, Inc. dba Ellingson Contracting Wilson Park Court Improvement Plans CITY OF FAYET AR KANS EVILLE ARKANSAS Construction - Wilson Park Court Improvements Official Bid Tabulation Lioneld Jordan, Mayor Dates of Advertisement: 11,08.2018 Issue Date: 11.15.2018 Number of Addendums: 2 Certified Bid Award: $ 249,831.00 Max Award Amount: $ 312,289.75 Bid No. I8-54 Date: 11.28,2018 Time: 2:00 PM Benchmark Construction Ellingson Contracting ITEM ESTIMATED UNIT UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT 1 Mobilization (Not to Exceed 5% of Total Bid) LS 1 $ 12,530.00 $ 12,530.00 $ 4,753.00 $ 4,753.00 .2 Bonds and Insurance LS 1 $ 10,750.00 `> 10,750:00 $ 8,240.00 $ 8,240.00 3 Act 291, 1993 Trench and Excavation Safety Systems LS 1 $ 230.00 $ 230.00 $ 99.00 $ 99.00 4 Site Preparation and Erosion Control - Complete in Place Including Tree Protection Fencing and Planking, Tree Root Pruning, L5 1 $ 10,030.00 $ 10,030,00 $ 11,241,00 $ 11,241.00 Straw Wattles and Rock Check Dams 5 Selective Site Demolition - Existing Asphalt Basketball Court, Existing Asphalt and Concrete Sidewalk Connections, Existing $ 61,300.00 $ 61,300.D0 $ $ 14,951.00 Electrical Control and Distribution Panels, LS 1 14,951.00 and Existing Tennis Court Light Poles, Wiring and Foundations as Shown on Plans 6 Post Tensioned Concrete Basketball Court - Complete in Place including Protection and Adjustment of Existing Goals, Installation of SY 670 $ 113.00 $ 75,710.00 $ 63.73 $ 42,699.10 Electrical Conduit, Vapor Barrier, Stressing Tendons and Steel Reinforecement 7 Basketball Court Lighting - Complete in Place including Extension of Electrical Service and LS 1 $ 1.3,870,00 $ 13,870.00 $ 11,882.00 $ 11,882.00 Installation of New Wiring, Pole and Photocell 8 4-inch Depth Concrete Sidewalk Connections - Complete in Place Including Excavation and EA 40 $ 215.00 $ 8,600.00 $ 86.60 $ 3,464.00 4-inch Depth Class 7 Base 9 Drainage Improvements - Complete in Place Including Concrete Catch Basin, Inch Under Drain Pipe, Bedding, and Concrete Apron LS 1 $ 7,500.00 $ 7,500.00 $ 4,561.00 $ 4,561.00 Connection to Existing Concrete Drainage Swa le Benchmark Construction Ellingson Contracting ITEM ESTIMATED UNIT UNIT N0. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT 10 Tennis Court Lighting - Complete in Place Including Disconnecting and Reconnecting Electrical and Reconnecting Internet Services LS 1 $ .129,000,00 $ .129,000,00 $ 130,701.00 $ 130,701,00 and Installation of New Wiring, Poles (6 Total) and Control System 11 Provide and Install New Distribution Panel L5 1 $ 5,470.00 $ 5,970.00 $ 1,219.OD $ 1,219.00 Activated Control Button - Complete in Place 12 Site Restoration - Complete in Place Including Topsoil, Five Star Fescue Sod, SY 2,500 $ 13.26 $ 33,150.00 $ 8.05 $ 20,125.00 Watering and Required Maintenance 13 Rock Removal — Per Linear Foot of Vertical LF 16 $ 30000 $ 4,800.00 $ 426.53 $ 6,824.48 Depth x 30-inch Diameter Width TOTAL BASE BID $ 373,440.00 $ 260,759.58 DEDUCTIVE ALTERNATES Item ESTIMATED UNIT UNIT No. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT Site Restoration - Complete in Place Including Topsoil, Five Star Fescue Sod, SY 2,500 $ 8.50 $ 21,250.00 $ 8.05 $ 20,125.00 DA-1 'Watering and Required Maintenance Basketball Court Lighting - Complete in Place including Extension of Electrical Service and LS 1 $ 8,893.00 $ 8,893.00 $ 11,882.00 $ 11,882.00 Installation of New Wiring, Pole and DA-2 I Photocell TOTAL BID AMOUNT WITH DEDUCTIVE ALTERNATES: $ 343,297.00 $ 228,752.58 *Highlighting Notes Corrected Calculation Error �L�wxwffi r i `� _ CPPB, CPPO, P(rWsing Manager oO' W tnms, Les McGaugh Date Section 00 52 13 AGREEMENT PROJECT: BID 18-54, CONSTRUCTION - WILSON PARK COURT IMPROVEMENTS FAYETTEVILLE, ARKANSAS PROJECT NUMBER: FAY18001 THIS AGREEMENT, made and entered into on the 1.0day of J,2018, by and between Ellingson Contracting_jd�a of JBZ Inc.)herein called the CONTRACTOR,, and the City of Fayetteville, Arkansas, hereinafter called the OWNER: OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work generally consists of: Overlay of existing asphalt basketball court with post -tensioned concrete court, installation of new tennis and basketball court lighting including poles, and associated utility coordination, drainage and site work located at 675 N, Park Avenue and all items indicated in the Drawings and Specifications. Article 2. ENGINEER The Project has been designed by: Cantique, LLC Consulting Engineering P.O. Box 4186 Fayetteville, Arkansas 72702 Who will be hereinafter called ENGINEER and who is to act as the OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1. The Work for construction of Wilson Park Court Improvements shall be substantially completed within 90 consecutive calendar days after the date when the Contract Time commences to run as provided in the General Conditions and completed and ready for final payment in accordance with the General Conditions within 120 consecutive calendar days after the date when the Contract Time commences to run. City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 0052 13-1 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of the Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 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 in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE The OWNER 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 unit prices bid in the Proposal (BID FORM) 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. As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 52 13-2 95 percent of Work completed (with the balance of 5 percent being retainage), if Work has been 50 percent completed as determined by the ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to OWNER as provided in the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said General Conditions. Article 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR 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, or furnishing of the Work. 6.3. CONTRACTOR 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. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in the General Conditions. CONTRACTOR accepts the determination set forth in the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 52 13-3 acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the. Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, 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. 6.7. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement 7.2 Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed b. Contractor's Bid C. Documentation submitted by Contractor prior to Notice of Award 7.3 Performance, Payment and other Bonds 7.4. Certificates of Insurance 7.5. Documentation submitted by CONTRACTOR prior to Notice of Selection 7.6. General Conditions City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 52 13-4 7.7. Supplementary Conditions 7.8. Specifications consisting of divisions and sections as listed in table of contents thereof. 7.9. Addenda numbers 1 to 2 , inclusive 7.10 One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through nine with each sheet bearing the following general title: Wilson Park Court Improvements. 7.11, The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions The documents listed in paragraphs 7.2 et seq, above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 8. MISCELLANEOUS 8.1. Terms used in the Agreement which are defined in the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a parry hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. OWNER and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 0052 13-5 8.5. 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. 8.6. Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. The Owner will not agree to be forced to mediate or arbitrate any dispute. 8.7. Freedom of Information Act: City of Fayetteville 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 will do everything possible to 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 photo coping costs pursuant to the FOIA may be assessed for this compliance. 8.8. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any mechanics' or materialmen's liens in relation to this public construction project. Arkansas law requires, and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 52 13-6 IN WITNESS WHEREOF, the City of Fayetteville and the Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Contractor and Engineer. One counterpart has been delivered to the City of Fayetteville. CONTRACTOR: Ellingson Contracting CITY OF FAYETTEVILLE (dba of JBZ, Inc.) M David R. Ellingson (Type or legibly print) r (Signs ) Title: President Attest: Chris Hobby By: Sondra Smith (Type or legibly print) Attest: 4-1 AttestA I-V Iwin i nature) (Signature) •••3� kt r: •,`.'��,�� .� ti ■ ^0 Project Manager c i � .. V) Title: Title: Ci le k FAYETTEVIU "= ■. ' A A NSP.. Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporr��QN�� entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy from the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in Current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 52 13-7 Section 00 41 13 BID FORM NOTE TO BIDDER: Please use BLACK ink for completing this Bid Form. Contract Name: Wilson Park Court Improvements Bid Number. 18-54 BID TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder Information: Ellingson Contracting (dba of JBZ, Inc) _.._ . 108 E. University Street, Siloam Springs, AR 72761 (office address) 2304 W. University Street, Siloam Springs, AR 72761 (corporate address) INTENT The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the 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. TERMS AND CONDITIONS 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 the Owner's Notice of Award. City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 41 13-1 Revised BID FORM Continued BIDDER'S REPRESENTATIONS 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 #01 11 /20/ 18 #02 11 /21 /18 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 has carefully studied all: (1) all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F_ Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 41 13-2 Revised BID FORM Continued G. 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. H. 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. I. Bidder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Owner is acceptable to Bidder. J. 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. K. 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, 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; an Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. BID PRICE Bidders are required to provide pricing for all line items. Failure to provide pricing for all line items can result in bid rejection. The Owner intends to award this contract to the lowest qualified responsive responsible bidder based on the evaluation of the sum of the total base bid. The Owner reserves the right to waive irregularities, reject bids, choose the most qualified bidder for the Project, and to postpone award of the Contract for a period of time which shall not exceed beyond 90 days from the bid opening date. City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 41 13-3 Revised BID FORM Continued Bidder shall complete the Work in accordance with the.Contract Documents for the following price(s): Item # Descri tion P Unit Quantity Unit Price Price -` -- — - $el, 75 1 Mobilization (Not to Exceed 5% of Total Bid L.S. 1 �{ 75 3. 00 2 _ Bonds and Insurance L.S. 1 ' 8 Z LI D , on� 08, �(o , 00 3 Act 291, 1993 Trench and Excavation L.S. . Site Preparation and Erosion Corr+r^l - Complete in Place Including Tree 4 Protection Fencing and Planking, Tree _ Root Pruning, Straw Wattles and Rock heck Dams ! 00 i 2 y / [C[.. Jilective 5ita Demolllion - Existing Asphalt Basketball Court, Existing Asphalt and Concrete Sidewalk Connections, 5 Existing Electrical Control and Distribution L.S. 1 Panels, and Existing Tennis Court Light Poles, Wiring and Foundations as Shown on Plans... r �� 17 57. 00 1 p �f Y 7 06 - 1 Post Tensioned Concrete Basketball Court - Complete in Place including 6 Protection and Adjustment of Existing Gaals, Installation of ElerWc�al Conduit, Vapor Barrier, S.Y. 670 / 7, b i b r 7 Stressing Tendons and Steel Reinforcement Saskclball Court Lighting - Complete in Place Including Extension of Electrical Service �j,�j7 �l 7 L.S. 1 1 and Installation of New Wiring, tt �i�1C r 00 r (< BL�z, 00 Pole and Photocell 4-inch Depth Concrete Sidewalk 8 Connections - Complete in Place Including Excavation and 4-inch Depth S.Y_ 40 t, 3 , y6 el, D Class 7 Base Drainage Improvements - Complete In - - Place Including Concrete Catch Basin, 6- 9 Inch Under Drain Pipe, Bedding, and Concrete Apron Connection to Existing Concrete Drainage Swale Tennis Court Lignting - Complete in Place _ 10 Including Disconnecting and Reconnecting Electrical and Internet Services Installation L.S. 1 1 '3Qi 7Q / , OQ -5130, and of New Wiring, Poles (6 Total) and Control System 11 Provide and Install New Distribution Panel and Player Activated Control Button - L.S. 1 2� 9 o 21 ....._. -_Complete in Place f r, Op 12 Site Restoration - Complete in Place Including Topsoil, Five Star Fescue Sod, S.Y. 2,500 Watering and Required Maintenance t�s 20,137, 6Z 13 Rock Removal - Per Linear' Foot of Vertical Depth x 30-inch Diameter Width L,F. 16 / -VZ6r 53 2,Y. i p TOTAL BASE BID: 'TWv l "fZR� 64T 5jcUf-�V fivtiAIZU"Dk `jDollarrs ua, ($ 2c/>0 76 Z sl City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 41 13-4 Revised BID FORM Continued In no case shall the amount bid for the item of "mobilization" exceed 5% of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. DEDUCTIVE ALTERNATES Acceptance of Alternate Bids is at the City of Fayetteville's discretion, as best serves the City of Fayetteville's interest. The price of the Bid for each alternate will be the amount to be deducted from the price of the Total Base Bid if the City of Fayetteville selects any of the alternates. Alternates must be taken in order of listing below, The unit price amount for each alternate shall be the same as the unit price amount listed in the Total Base Bid. Item Description Unit Quantity Site Restoration - Complete in Place DA-1 Including Topsoil, Five Star Fescue Sod, S.Y. 2,500 Watering and_.Required Maint_enanc_e _ _. Basketball Court Lighting - Complete in Place Including Extension of Electrical DA-2 Service and Installation of New Wiring, L.S. 1 Pole and Photocell Unit Price $ g,os TOTAL BID AMOUNT WITH DEDUCTIVE ALTERNATES: r Price 701► 3z,6Z CI P>y r-rW4, " 1 wo WAOC)11t� TWh77_ Eli 6'PJ Dollars NOTICE: FAILURE TO PROVIDE DEDUCTIVE ALTERNATE PRICING CAN RESULT IN BID BEING REJECTED. CONTRACT TIMES Bidder agrees that the Work will be substantially completed and ready for final payment within the number of calendar days indicated in the Agreement. 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. City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 41 13-5 Revised BID FORM Continued BID CONTENT The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a cashier's check from a financial institution located in the State of Arkansas or a Bid Bond in the amount of: Five Percent Dollars ($ 5% B. A tabulation of Subcontractors and other persons and organizations are required to be identified in this Bid. C. ' A tabulation of Suppli6rsNendors and other persons and organizations are required to be identified in this Bid. SUBCONTRACTORS No Bid shall be based upon an aggregate of Subcontractors performing more than 70 percent of the total Work. The Bidder further certifies that proposals from the following subcontractors were used in the preparation of this Bid; and if awarded a contract, Bidder agrees not to enter into Contracts with others for these divisions of the Work without written approval from the Owner. Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor Electrical Subcontractor's Division of Work 31 47o Subcontractor's Percentage of Work StressCon, Inc. Subcontractor .... Post Tension Cabling Work Subcontractor's Division of Work 1.5% Subcontractor's Percentage of Work N/A Arkansas Contractor License # Arkansas Contractor License # ail GN-iots LA, k,t,n► 6533 E. 11th Street, Tulsa, OK 74112 Street Address, City, late, Z p Code Street Address, City, -State, Zip Code Hutchens Construction 55bcontractflr Subcontractor Asphalt Milling Subcortractor's Division of Work Subcontractor's Division of Work 1.5% Subcontractor's Percentage of Work 0004640419 _ Arkansas Contractor License # Subcontractor's Percentage of Work Arkansas Contractor License 515 Sanders Ave, Springdale, AR 72764 Street Address, City, State, Zip Code Street Address, City, State, Zip Code City of Fayetteville Bid 18-54 - Construction Wilson Paris Court Improvements 00 41 13-6 Revised BID FORM Continued SUPPLIERSIVENDORS The Bidder shall list the suppliers/vendors from which products and materials for this Project will be purchased. The successful Bidder shall provide the Owner an updated list of suppliers/vendors before construction of the Project. Mid -Continent Concrete SupplierNendor Name SupplierNendor Name Concrete Product Product 1332 W. Cato Springs Rd., Fayetteville, AR Street Address, City, State, Zip Code Street Address, City, State, Zip Code 479-582-4311 _ Phone Number Phone Number SupplierNendor Name SupplierNendor Name Product Product Street Address, City, State, Zip Code Street Address, City, State, Zip Cozi>, Phone Number Phone Number COMMUNICATIONS Communications concerning this Bid shall be addressed to the Bidder as follows: Contact Person Name: David Ellingson Telephone Number: 479-215-6889 TERMINOLOGY The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. City of Fayetteville Bid 1 B-54 - Construction 00 41 13-7 Revised Wilson Park Court Improvements BID FORM Continued CONTRACTOR'S ASSURANCES AND EXECUTION/SIGNATURE Contractor's Assurances As the authorized representative of the individual, incorporation, or corporation (hereinafter referred to as the company) bidding on or participating in the project, I certify that I have read and understand the requirements of the General and/or Supplemental Conditions and that the principles, agents and employees of the: company will comply with these requirements including all relevant statutes and regulations issued pursuant thereto. I further certify as the authorized agent of the company that: EQUAL OPPORTUNITY I will comply with all requirements of 41 CFR Chapter 60 and Executive Orders 11246 and 11375, including inclusion of all required equal opportunity clauses in each Sub -contract awarded in excess of $10,000 and I will furnish a similar statement from each proposed subcontractor, when appropriate. I will also comply with all Equal Employment Opportunity requirements as defined by Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 regarding sex discrimination. NONSEGREGATED FACILITIES The company that I represent does not and will not maintain any facilities provided for its employees in a segregated manner, or permit its employees to perform their services at any location under company control where segregated facilities are maintained; and that the company will obtain a similar certification prior to the award of any subcontract exceeding $10,000 which is not exempt from the equal opportunity clause. LABOR STANDARDS I will comply with the Labor Standards Provisions contained in the Contract Documents and furnish weekly payrolls and certifications as may be required by the City of Fayetteville to affirm compliance. I will also require that weekly payrolls be submitted to the City of Fayetteville for all subcontracts in excess of $2,000 OSHA REQUIREMENTS I will comply with the Department of Labor Safety and Health Regulations promulgated under Section 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) in the performance of the contract. PROCUREMENT PROHIBITIONS As required by Executive Order 11738, Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, I certify that I will not procure goods and services from persons who have been convicted of violations of either law if the goods or services are to be produced by the facility that gave rise to the violation. DEBARMENT AND SUSPENSION I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 41 13-8 Revised BID FORM Continued (b) 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; (c) 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 (b) of this certification; and (d) 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. I understand that"a false statement on this 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 $25,000. Execution/Signatures for Contractor Assurances above, Bid and Bid Form. SUBMITTED on November 28th _ , 2018. Arkansas State General Contractor's License Number: 0324340319 City of Fayetteville Bid 18-54 - Construction 00 41 13-9 Revised Wilson Park Court Improvements If Bidder is: An Individual Name (type or printed): By: Doing business as: Business address: Phone No: Email address: A Partnership Partnership Name: NIA By: BID FORM Continued N/A (individual's Signature) Fax No: (Signature of general partner -attach evidence of authority to sign) Name (type or printed): Business address: Phone No: Email address: City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements Fax No: (SEAL) SEAL) 00 41 13-10 Revised BID FORM Continued A Corporation or Limited Liability Company LLC Corporation Name: JBZ, Inc. (Ellingson Contracting is DBA) State of Incorporation: Arkansas ❑RPORATE SEAL) Type (General Business, Professional, Service, Limited Liability): S-Corp ,General Business By. f - �---X8110ature of gene�1 artner-attach evidence of authority to sign) Name (type or printed): David Ellingson Title: President Attest: )(Signature of Business address:: 2304 W. University Phone No: �ate8b-cretary) Siloam Springs, AR 72761 479-215-6889 Fax No: Email address: david@ellingsoncontracting.com END OF BID FORM N/A City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 41 13-11 Revised Search Incorporations, Cooperatives, Banks and Insurance Companies Pr n er. Friendly trsrs,an LLC Member information is now confidential per Act 865 of 2007 Use your browser's back button to return to the Search Results Be. i�aw Sear,,:h For service of process contact the SoGret.-I 9f ale s erf�:O Corporation Name JBZ INC Fictitious Names ELLINGSON CONTRACTING Filing # 800184726 Filing Type For Profit Corporation Filed under Act Dom Bus Corp; 958 of 1987 Status Good Standing Principal Address Reg Agent DAVID R ELLINGSON Agent Address 2304 W UNIVERSITY ST SILOAM SPRINGS, AR 72761 Date Filed 09107/2010 Officers DAVID R ELLINGSON, Incorporator/Organizer JANCO ASSOCIATES INC, Tax Preparer DAVID ELLINGSON, President JILL ELLINGSON , Secretary JILL ELLINGSON , Treasurer DAVID ELLINGSON, Controller Foreign Name N/A Foreign Address Stale of Origin NIA Purohase i c A Rcslt of 4�so Pay Franchise Tax for this corporation 5—Undino Q Shk EnS1 x AmTrust Surety 17771 Cowan Suile 100 • Irvine, California 92614 • (949) 263-3300 AmTrust Surety www AmTruslSurety Lem An NnTrusl Financial Company BID BOND BOND NO Bid_Bond KNOW ALL MEN BY THESE PRESENTS, That we JRZ, Inc. dba Ellingson Contracting _.. as Principal, and Developer; Surety & Inldermnjtj Campanjl a corporation authorized to transact a general surely business in the State of Arkansas as Surety, are held and firmly bound unto City of Faye yille (hereinafter called the Obligee) in the full and just sum of 5% of Bid Amount; Dollars, ($5% of Bid Amount__) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Construction - Wilson Park Court Improvements, Fayetteville, AR - November 2019 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Pnncipal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee 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. Signed and Sealed this_________.__,_28th___,__ _ J G -Yba E in -C jn9 Principal ID- 1198 (©id Bond) (REV- ?II7) day of November -- strr By: �� Agomey ir Fad POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725 IRVINE, CA92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limped. DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint: "'Bryan Clinkscales, Kentrina Fowler, John Rudd, jointly or severally— :n ifs iru,t and IaWfulAttomey(s} to -Tool, to ma'se execu(e, daf,var and aaknowfodye, for and on behOR of Bard ;orporahon, as surnty, bonds, undertahtngo and tonfradf; al sutelyshrp grvutq and granting unto sad Allornay0)-in.Fnd full power and authority 11) Op and to perform every aCl net:u&=y, requisite or proper :e to done In cEtimtecrtoll Ihv+ewith a; nafh of said Ce:FEV;}tlGn co41d de. but res+erving to each nl satticntporahon tuft pax•eraf suhsliluliarl and revocation, and aiia[ lh8 r£cfa dT4tiddAttorney{s)•1n-Fact, pursuant to }hose presents. are herebyra0iiedand: inrumoif Tres Pnwor ofAllorney is granted and's u4ned by facagtsrle under and by authority of the following resolution adop(ea by the Board of Directors of DEVELOPERS SURETY AND !,NUEh111TY COMPANY, effective as of .aruary 1st, 2063: RESOLVED, that a curobini iqz of any two of lhn Chatrman of the Board, the Prc�ardepl, pay Exat•.afive Vlce-Prasrdent. SeniorMcs•Presldenf or Vice-Presl.fent Ld Lie corpornllon ba, and l:^ral each of them hereby is, authorized la execute This PA -Net of MfrnneY gvahlying pre altoimftyjsl naared in the Power niAllorney fo owule wi behslrel the corp&ation. bonds, alndnrtnhings andt:W1r3cts o(surelyship and Thal he Sacrolary or anyAw0anl Seuatary of IhoTorpwaiinn be, and aach nt them hlareby is authorized In attest the exuadhon of arty such Powmr of Allorney, RESOLVED, FURTHER that the signatures of such officers may be affixed to any such Poveaf of Atlarney of to any eerlificale relining Itltlrelo by facsimile. and any such Polm of AVoirviy o- ceAificale bearing such fncsimile signalu;es shall be valid and binding upon the cogVahonwhen so affixed and ii the future with raVec I to any bond undertaking e►pxtfrad o! suralyslrlp to whlrh it is allachetl IN WITNESS WHEREOF, DEVELOPERS SURF.'rYAND INDEMNITY COMPANY has caused these presents lobe signed by its officers and attested by its Secretary or Assistant Secretary this 61h day of Fet)t iafy, 2017 f ANo`ti t� {_ �0ii •. L i Daniel Young. Senior Vlcc•Prasldenl _ / �r 17JV: By -•=�.Qtr�AStNS Mark Lansdon. Vice-Presidenl ++*......• A notary public or other officer completing this rertlfrctrte verifies only the identity of the individual who signed the u:ocut- em to which this certificate is attached and not the truthfulness. accuracy. or--olidity of that document Stale of California County of orange On __ . __,___Febrpary_6. 2UIJ•__ _._ ,_ _ before me ___-- -__ LuOle Ra�mad.. Nolary_Public__�_�__ - L'e:e Here InMA Tide or the Mice, porsonally appeared _..�_ _ _ - Damef YM14 and Mark lamden who proved to Itie on the basis of satisfactory evidence to be the person(s) whose name(s) Waite subscribed to the wtlhm instrument and acknowledged to me that helshellhey executed the same in hislher7heu authorized repacity(ies), and that by hisrherAheu signelum(s) on the insl:urnent the person(s) or the entity upon behalf of _ WCILLE RkYfilpNO whirh the person(s) acted, executed the instrument Commission • 2041945 '++ Notary Ppplie • CalUOrnla I cortdy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Orange County true and coned M Conlin. Explras Oct 13 2018 r r' WITNESS my hand and official seat Flare tJotary Sam Above Signature lucdle RByd+ond Notary Public v CERTIFICATE The unders:yned as Socrelary or Assistant Sacrelary 0 DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify Ilia( tha foregoing Power of Attornay remains in full force and has not boon revoked and furthermore that the provisions of the resolutions of the respective Boards of Directors of said corporabcns sel forth m the Power of Attorney are ui force as of the dale of th:s Certificate Tba i er!If; a'n a 2xeculPd :n the t,iiy of llvvie Cal feinia this , r1y By t,dSFli!,t rr:yfwrS +1s9ixtartf it rliri ,1 day of NDtm'tsoz a��� .••� rx air=n �., 'e�........... .....r.. �`, Section 00 14 13 BIDDERS QUALIFICATION STATEMENT Contract Name: Construction - Wilson Park Court Improvements Date: 11 /28/18 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company: Ellingson Contracting (dba of JBZ, Inc) Name: David Ellingson Address: 108 E. University Street, Siloam Springs, AR 72761 Principal Office: 108 E. University Street, Siloam Springs, AR 72761 Corporation, LLC, partnership, individual, joint venture, other: Corporation Arkansas State General Contractor's License Number: 0324340319 For a Contractor to be considered as Qualified, the Contractor must satisfy all financial, insurance, and bonding requirements of the City of Fayetteville, and must have had at least five (5) years of experience under the current Contractor name in the installation of recreation facilities. The Contractor shall have executed work for municipalities with a minimum of three (3) projects exceeding two hundred fifty thousand ($250,000) dollars for recreation facilities. Work for developers and commercial site work may not be considered as permissible work experience. Acceptable documentation of these projects must be submitted to the City of Fayetteville. In accordance with Arkansas Procurement Law, a Contractor may use the combined experience of its owners or senior executive staff to satisfy the requirements, or the combined experience of the key personnel that will be responsible for satisfying the experience requirement. City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 14 13-1 EXPERIENCE STATEMENT: 1. Bidder has been engaged as a General Contractor in construction for 5 years and has performed work of the nature and magnitude of this Contract for _ 5 years. Bidder has been in business under its present name for 5 years, 2. Bidder now has the following banded 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 engineerlarchitect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 4, Has Bidder ever failed to complete any project? If so, state when, where, and why. No 5. Bidder normally performs the following work with his own forces: General Labor, Light Concrete, Site Improvements, Carpentry 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): David R, Ellingson, Executive. 12 Years Comm. Construction Exp. Completed $92 Mil. in projects Chris Hobby, Sr. Project Manager. 20 Years Commercial Construction Experience. Bid over $1 Billion in work. Lloyd Reimer, Superintendent. 38 Years Construction Experience. Self -performed most trades. Rick Campbell, Safety & Quality. 5 Years Commercial Construction Exp. $156 Mil. Hospital Renov City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 14 13-2 7. 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: Developers Surety and Indemnity Company 17771 Cowan, Suite 100 Irvine, California 92614 Attorney in fact: Bryan Clinkscales, Boone -Ritter Insurance, Springdale, AR, 479-751-9272 8. Bidder's Workmen's Compensation Experience Modifier Factor is: 0.87 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). 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 judgments are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a. NONE b. City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 14 13-3 Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: November, 28th 2018 (OFFIC,J SEAL) Name of Organization: �- Cilin son C:cntractin dba of.lBZ, Inc 108 E. University Street, Siloam Springs, AR 72761 2304 W. University Street, Siloam Springs, AR 72761 y 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 or LLC, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) End of Section 00 14 13 Bidders Qualification Statement City of Fayetteville Bid 18-54 - Construction Wilson Park Court Improvements 00 14 13-4 Jobs Currently Bonded - Exhibit ELLINGSON CONTRACTING - CURRENT JOBS BONDED PROJECT NAME OWNER NAME OF OWNER CONTACT ENGINEER/ARCHITECT NAME OF ENGINEER/ARCHITECT CONTACT AMOUNT OF CONTRACT SURETY ESTIMATED COMPLETION DATE PROJECT NAME OWNER NAME OF OWNER CONTACT ENGINEER/ARCHITECT NAME OF ENGINEER/ARCHITECT CONTACT AMOUNT OF CONTRACT SURETY ESTIMATED COMPLETION DATE PROJECT NAME OWNER NAME OF OWNER CONTACT ENGINEER/ARCHITECT NAME OF ENGINEER/ARCHITECT CONTACT AMOUNT OF CONTRACT SURETY ESTIMATED COMPLETION DATE 11/28/2018 Historic Walker Stone House Fayetteville Advertising and Promotion Commission Joshua Cheshier - 479-430-6992 (cell) Revial Architecture Aaron Ruby - 501-951-2080 (cell) $153,912.00 Developers Surety and Indemnity Company 12/15/2018 Pea Ridge Splash Pad City of Pea Ridge Nathan See - 479-903-1520 (cell) JKJ Architects Jim Mayer - 479-685-0672 (cell) $153,584.00 Developers Surety and Indemnity Company 1/30/2019 Fayetteville Army National Guard Restroom Renovation Military Department of Arkansas Mark Berry Stuck Associates Rickey Adams $267,000.00 Developers Surety and Indemnity Company 2/30/19 Similar Projects - Exhibit 11/28/2018 ELLINGSON CONTRACTING - SIMILAR PROJECTS PROJECT NAME Tahlequah Street Trail and Pedestrian Bridge OWNER City of Siloam Springs NAME OF OWNER CONTACT Don Clark ENGINEER/ARCHITECT Justin Bland NAME OF ENGINEER/ARCHITECT CONTACT Justin Bland AMOUNT OF CONTRACT $279,020.88 SURETY Developers Surety and Indemnity Company COMPLETION DATE, 9/6/2018 PERCENT OF SELF -PERFORM WORK 48% PROJECT NAME Gravette Civic Center OWNER City of G ravette NAME OF OWNER CONTACT Tim DeWitt ENGINEER/ARCHITECT BILD Architects NAME OF ENGINEER/ARCHITECT CONTACT Clay McGill AMOUNT OF CONTRACT $305,835.00 SURETY Developers Surety and Indemnity Company COMPLETION DATE 9/12/2018 PERCENT OF SELF -PERFORM WORK 38% PROJECT NAME Crystal Springs Softball Lighting Work / Gary Hampton Field OWNER City of Fayetteville Arkansas NAME OF OWNER CONTACT Parks Department ENGINEER/ARCHITECT Perry Butcher NAME OF ENGINEER/ARCHITECT CONTACT John Mack AMOUNT OF CONTRACT $320,000.00 SURETY Unknown COMPLETION DATE Spring/Summer 2000 PERCENT OF SEL F-PERFORM WORK (Chris Hobby managed this contract under former company) PROJECT NAME Fayetteville Senior Center OWNER City of Fayetteville Arkansas NAME OF OWNER CONTACT Wade Abernathy ENGINEER/ARCHITECT deMx Architecture NAME OF ENGINEER/ARCHITECT CONTACT Tim Maddox AMOUNT OF CONTRACT $431,924.00 SURETY C.N.A. Surety COMPLETION DATE 1/31/2018 PERCENT OF SELF -PERFORM WORK 42% ELLINGSON CONTRACTING - SIMILAR PROJECTS PROJECT NAME OWNER NAME OF OWNER CONTACT ENGINEER/ARCHITECT NAME OF ENGINEER/ARCHITECT CONTACT AMOUNT OF CONTRACT SURETY COMPLETION DATE PERCENT OF SELF -PERFORM WORK PROJECT NAME OWNER NAME OF OWNER CONTACT ENGINEER/ARCHITECT NAME OF ENGINEER/ARCHITECT CONTACT AMOUNT OF CONTRACT SURETY COMPLETION DATE PERCENT OF SELF -PERFORM WORK PROJECT NAME OWNER NAME OF OWNER CONTACT ENGINEER/ARCHITECT NAME OF ENGINEER/ARCHITECT CONTACT AMOUNT OF CONTRACT SURETY COMPLETION DATE PERCENT OF SELF -PERFORM WORK SIMILAR PROJECTS EXHIBIT CUMC Parking Deck (Post Tension Deck and Beam) Central United Methodist Church, Fayetteville, AR Brian Swain R. Messner Richard Messner $2,300,000.00 N/A Spring 2008 (David Ellingson managed this work under former company) NWACS - Shelter, Recreation Building and Playgrounds NW Arkansas Children's Shelter Kenneth Green (former Owner's Rep) 479-381-4216 JKJ Architects Jim Mayer, John Mack $10,298,S0&00 N/A 5/20/11 (David Ellingson managed this work under former company) Eureka Springs High School & Gymansium Eurkka Springs School District Curtis Turner (Superintendent of Schools) Morrision Architects Laura Morrison $9,932,000.00 Travelers Casualty and Surety Company of America 6/1/2013 (David Ellingson managed this work under former company) DAVID ELLING N Experience Ellingson Contracting I Owner / President 12013 -Present Kinco Constructors I Senior Project Manager 1 2006 - 2013 Education B.A. Construction Management I John Brown University I May 2006 Professional Registration PRESIDENT Certified Professional Constructor I American Institute of Constructors CPESC (Certified Professional in Erosion and Sedimentation Control) 1 2015 Relevant Experience and Qualifications As a Senior Project hianager at Kinco Constructors, I directly rra raged S90M In commercial construction projects and $23M of that was LEER commerdal construction CArbfied projpcls. This helped me to be very familiar with waste diversion and re -using resources on my projects that required extensive work to provide a high quality end product. Case Studies Senior Project Manager I Project Management Student Ministries Building was a f2.5M new building on the existing church campus in down -town Fayetteville, AR. The Two -Story project Included a new Youth Worship Area, Student Classroom Space, and a Daycare Facility. The unique chal- lenges of this site were the restricted amount of laydown space and the high level of public safety concern with an operational church and daycare facility on the same property. Senior Project Manager I Project Management The NWA Children's Sheller serves abused and neglected children across this comer of our state. This project consisted of construction of 3 new buildings with a total project value of $10.25M. The project highlights included new assembly spaces, student dassroom and dorm rooms, a gymnasium, and integration of a geo-thermal heal pump system into the main building HVAC system. Senior Project Manager I Scheduling 1 Project Management We performed remodel work in approximately 20 Walmart Retail stores in Arkansas, Oklahoma, and Missouri. This work in- volved coordination in operational stores and working around active customer areas, and some work was performed overnight, Senior Project Manager I Overall Management This renovation project updated all the public restaurant spaces, including a new bathroom group, updated dining facilities, and a new bar area. The majority of work was accomplished during a 10-day period while the facility was temporarily closed. This project had a very short duration schedule that had to be executed precisely in order for the Owner to limit his days out of operation. Central United Methodist Downtown I Fayetteville, AR NWA Children's Shelter Highfiti, AR Walmart Stores Regionally Callahar's Restaurant Siloam Springs, AR Senior Project Manager I Project Management Phi Delta Theta was a fraternity house Renovation and Remodel of an existing fraternity house valued at $3.15M. The entire University of Arkansas building was stripped down to the structural concrete walls and floor. We then retrofitted complicated heating and cooling U ofA Campus I Fayetteville, AR systems into an existing building structure before completing all the finish work for a fully functional college dorm. j•' r ;;,� A ?iE1 LIC 0,.,,.1;? 5 t l .Spriri s. R 7 1t 1 1� . g 5� aL,, � gooMR SUPERINTENDENT Experience Ellingson Contracting I Superintendent I July 2017 - Present Skanska I Assistant Superintendent I January 2015 - June 2017 Education B.A. Construction Management I John Brown University I December 2014 Professional Registration Associate Constructor I American Institute of Constructors I December 2014 OSHA 30 Certified Relevant Experience and Qualifications As the Assistant Superintendent for Skanska's extensive hospital renovation and addition, I am very familiar with working in existing spaces that are occupied and require sensitive timing, as well as limiting impact to the occupied spaces while working, I manage all subcontractors and self -perform field crews to ensure that all work is completed as intended from the design team and also meeting the expectations of the end users as well. I have extensive experience in remodels and can communicate to the design team clearly what we see on site and am part of developing a solution forward. Case Studies Assistant Superintendent I Site Management The Golisano Children's Hospital was a 300,000-SF, $156M renovation with an additional new facility, Along with the new Tower, there was a 100,00 -SF parking garage, Central Energy Plant and over 88,000-SF of renovations to the existing Health Park Medical Center, The renovations included new Catheterization Labs, Operating Rooms, Endoscopy Suite, Pediatric Sedation unit, and a relocated and expanded MRI. The renovation work was phased and coordinated to accommodate the continued operation of Health Park's existing medical services. I was responsible for managing on -site crews, ensuring that all safety procedures established were followed strictly. I also performed quality control on all parts of the project and brought any insufficient existing conditions to the attention of the owner to give the best overall product. Superintendent I Site Management Callahan's came to us with a need to complete an entire front of house remodel in under ten days to reduce the impact of dosing down the restaurant while also adding in a bar, I issued a schedule that coordinated all of our trades to complete all work possible prior to the shut -down that involved shutting down a portion of the dining area to add the new bathroom group, closing down part of the kitchen to prepare the under slab utility lines for the bar, and prefabricating all half walls and decorative woodwork off site. The entire design team was located in Kentucky and was not able to see discrepancies on site; however, I was able to dearly communicate to them what conditions we had on site and were able to help them make informed decisions. Once we dosed down, we demolished the entire front of house and built back everything, meeting the deadline for the owner while also handling unforeseen conditions and allowing space and time for the interior designerto install all decor items. Golisano Children's Hospital Fort Meyers, FL Callahan's Restaurant Renovation Siloam Springs, AR ..x:.+=�,�., =:7z s�,:.: •i ,' s.i �ii.�:: '.��_ RFrr .;i i'i {;;•:•i ry �r� _:�.7'c .,,�,,k'tx... �•' n�kl.i, n=,in•' i.;-.� i,w �.i {!;alot'ra?ti,�»lifip tal�(`�rji �a L�, +.,,a1.. ,•.�'�`:, ."ri> _�- 1„- ,+.- _f_i.�:.. :�,: �. .��.',�,.. ,� .X �.,...,-j �.. tip- _ MEINOMM"lk QUALITY CONTROL 10009A Experience Ellingson Contracting I Superintendent I September 2015 - Present Reimer Construction I Owner i 960 - 2015 Education Grace Bible College I Omaha Nebraska Professional Registration OSHA 10 Certified i December 2017 Relevant Experience and Qualifications I have extensive residential and commercial construction experience from co -owning a construction company with my brother for over 35 years in Kansas. Typical type of work was residential remodelling, new construction, and most types of commercial construction that includes commercial kitchens, pre-engineered metal buildings, church renovations, and hospital improve. ments. Case Studies Superintendent I Site Management The Fayetteville Senior Center wanted to add onto their existing kitchen with a new expansion and also add in a drink bar to Senior Center the front area where they hold events. I managed the entire project from ground -breaking to turnover of the kitchen and coordi- Fayetteville, AR nated closely with the owner for after hours work that needed to be done with the facility shut down. Superintendent i Site Management The Togamis' residence was a remodel of a mid-century home in Siloam Springs that preserved the original style while giving a Togami Residence face lift and bringing some modem components into its second life. I was responsible for managing all subcontractors and field Siloam Springs, AR crews and installing detailed components to provide a clean project. Superintendent I Specialty Framing Install Al the Chamber building in Siloam Springs, they frequently host large meetings for members In town. Ellingson Contracting The Chamber Building designed and installed a specialty ceiling system that showcases our ablity to execute unique details in an existing space Siloam Springs, AR Lloyd was critical'n both execution of the installation and directing learn members to complete the job on budget, on time and with a class Afmish. Financials for Ellingson Contracting (dba of JBZ, Inc.) VERNON SCHAMMR, L.P.A. P. O. BOX 1141 ROGERS, AR., 72757 479 621 5622 March 1, 2018 Board of Directors JBZ Inc. 2304 W. Univeralty Street Siloam Springs, Ar., 72761 PAX NO, 479 6215635 LTCENSES NO. 314 We have reviewed the accompanying balance sheet of JBZ,Inc. (A Sub S Corporation) as of December 3l'4, 2017. A review includes primarily applying analytical procedures to managements financial data and making inquiries of company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly we do not express such an opinion. Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America and for designing, implementing and maintaining internal control relevant to the preparation and fair presentation of the financial statements. O+ur responsibility is to conduct the review in accordance with Statements on Standards for Accounting and Review services issued by the American Institute of Certified Public Accountants. Thosc standards require us to perform procedures to obtain linitted &wuranca that there are no material modifications that should be made to the financial statements. We believe that the results of our procedures provide a reasonable bails for our report. Based upon our review we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformitywith accounting principals generally accepted in the United States of America. Y Truly -+ Vernon Schaefer, LPA JBZ, Inc, NOTES TO FINANCIAL STATEMENTS ATDecember3l, 2017 STATEMENT OF SIGN IF ICANTACCOUNTING ASSUMPTIONS Nature of Busi ne ss The Company is a contractor primarily engaged in residential and light commercial remodel and constnictlon In the Northwest Arkansas area. Basis of Accauntlne The fInand aI statements of1BZ, Inc,, an S Corporation have been prepared on the accrual basis using the percent of completion accounting method. Work is performed primarily underfixed-prlcecontracts. There were (15) uncompleted project at December3l, 2017. Use of Estimates Management uses estimates and assumptions in preparingthese financial statements in accordance with the generally accepted accounting principles. Those estimates and assumptions affect the reported amounts of assets and liabilities and the dlsclosureofcontingent assets and liabllfties. Actualresults could vary form the estimates that were used. Cash and Cash Eip uivaIents Cash and cash equivalents include all monies in banks and highly liquid investme nts with maturity dates of less than three months. The carryingvalue of cash and cash equivalents approximates fairvalue because of the short maturities of those ff nancial I nstru me nts. Accounts Receivable Management considers the accounts receivable to be collectable on the financial statement date. The company uses the direct write off method of accountingfor bad debts. The difference between the direct write off method and the preferred us of an allowance method is not material, Inventory Inventory, if any, is carried at the lower of cost or market and consists of raw materials to be used on f uture projects. SEE ACCOUNTANTS REPORT JBZ, Inc. NOTES TO FINANCIAL STATEMENTS At Oecember3l, 2017 Prooertyand Equipment PropertyandEquipmentare recorded at acquisition cost, Depreciation is computed using straight line and accelerated methods by charging against earnings amounts sufficient to amortlxe the cost of the related assets overtheir estimated useful lives. InwrneTaxes The corporation itself is not taxpayingentityforfederal and state income taxes. Federaland state incometaxesof the stockholders are computed ontheirtotal income from all sources; accordingly, no Provision forincome taxes Is made in these statements. The stockholders customarily make tax payments toward their personal income tax liability fromthe corporation bank account. These payments are treated as dividends from retained earnings. Note_l: Prooerty,Plant and Equipment Asset costsand Accumulated Depreciation for December3l, 2017 are as follows: Cost Life Accumulated Depreciation Equipment $39,834 7 yr $12,175 • Vehicles $67,125 Syr $12,918 • Office Equipment $5,547 Syr $1,374 • Software $2,524 3 yr $603 • Residential Real Rental Prop $440,887 27.5 yr $10,812 • Furniture & Fixtures $2,957 7 yr $340 • Signs $517 7 yr $37 • Website Design $600 3 yr $100 $559,991 $38,359 SEE ACCOUNTANTS REPORT 187, Inc NOTES TO FINANCIALSTATEMENTS At December3l, Z017 NDte2,. NotesPavable Note Holder Payment Collateral Amount Grand Savings Bank $621.28 Residential Property Grand Savings Bank $159.12 Lot Grand Savings Bank $662.46 Residential Property Grand Savings Bank $491.58 Lot Grand Savings Bank $1098.74 Residential Property Note2: NotesPayable—continued A schedule of Lon&Term Debt maturities Is as follows: SEE ACCOUNTANTS REPORT Interest Balance Current Long -Term Rate 12/31/17 Portion Portion 5.0 102,725 2371 100,354 5.0 13,399 1268 12,131 5.75 92,152 2718 89,434 4.75 45,338 3826 41,512 4.75 168,272 5327 162,945 15,510 406,376 December 31, 2019 16302 December3l, 2020 17135 De ce mber 31, 2021 18009 December3l, 2022 18929 D ece mber 31, 2023 19896 December31,2024 20911 December 32, 202S 21981 December31,2026 22457 December 31, 2027 19825 December 31, 2028 17M D e ca mber 31, 2029 16190 December 31, 2030 19138 December 31, 2031 20134 De ce mber 31, 2032 21183 December31,2033 22290 Dace mber 31, 2034 23451 December 31, 2035 24675 D a ce m ber 31, 2036 25964 De ce mbar 31, 2037 15321 December31,2038 6437 December31,2039 6766 December31,2040 7112 De ce mber 31, 2041 2980 JBZ, INC Balance Sheet December 31, 2017 ASSETS Current Assets CASH IN BANK $ 84,826.00 INVENTORY 2,3 99.00 WORK IN PROGRESS l .232.186.00 Total Current Assets $ 1,319,400.00 Fixed Assets AUTOS 67,125,00 FURNITURE & FIXTURES 2,957.00 OFFICE EQUIPMENT 5,547.00 SIGNS 517.00 SOFTWARE 2,524.00 TOOLS & EQUIPMENT 39.834.00 WEBSITE DESIGN 600.00 RESIDENTIAL REAL 440,897.00 ACCUMULATED DEPRECIATION __.�_(3 3 9. Total Fixed Assets 521,632.00 Other Assets LOTS 86,369.00 SECURITY DEPOSITS 500.00 Total Other Assets --- -SSA Total Assets .9 7.2-0-LU SEE ACCOUNTANT'S REPORTS AND NOTES J112, INC Balance Sheet December 31, 2017 LIABILITIES AND EQUITY Current Liabilities RENTAL SECURITY DEPOSITS S 1,635.00 ACCOUNTS PAYABLE 18,540.00 PAYROLL TAXES PAYABLE 6,321.00 DEFERRED INCOME 739,976.00 CURRENT PORTION LONG TERM __. 15,5 I0.00 Total Current Liabilities Long Terra Liabilities LONG TERM LIABILITIES T 406.,37UQ Total Long Term Liabilities Equity CAPITAL STOCK 300.00 PAID IN CAPITAL 154.23 100 RETAINED EARNINGS 163,611.00 Current Income (Loss) 0.�.4�k Total Equity Total Liabilities & Equity SEE ACCOUNTANT'S REPORTS AND NOTES 781,882.00 406,376.00 739,§ 3.90 S �l•�I.01.00 J BY, INC Income Statement For the Period Ended December 31, 2017 12 Months Ended 12 Months Ended I)ec..31, 2017 Psc Dec. 31, 2017 _ Pet Revenue INCOME $ _2,436 588.00 -.,1Q0-Q0 $ 2.436,598.00 100.00 Total Revenue 2,436,588.00 100.00 2,436,588.00 100.00 Cost of Sales COGS - MATERIALS 690,379,00 28.33 690,379.00 2833 COGS - SUBCONTRACT LABOR 776,782.00 31,88 776,782.00 31.88 COGS - LABOR & WAGES zw..IQ.00 9.02 219.7I0.00 9.02 Total Cost of Sales 1- fi$¢ 871.QQ 69.2 _ ._ _..-__I,GSti-$71�Q 69.23 Gross Profit 749,717.00 30.77 749,717.00 30.77 Operating Expenses ACCOUNTING 6,197.00 0.25 6, I87.00 0.25 AUTO AND TRUCK EXPENSE 11,246.00 0.46 11,246.00 0.46 ADVERTISING 518.00 0.02 519.00 0.02 BANK CHARGES 74.00 0.00 74.00 0.00 CONTINUING EDUCATION 480.00 0.02 480.00 0.02 DEPRECIATION 24,096.00 0.99 24,096.00 0.99 DONATIONS 5,640.00 0.23 5,640.00 0.23 DUES & SUBSCRIPTIONS 754.00 0,03 754.00 0.03 PAYROLL TAX EXPENSE 22,785.00 0.94 22,785.00 0.94 FINANCE CHARGES 65.00 0.00 65.00 0.00 INTEREST EXPENSE 14,323.00 0.59 14,323.00 0.59 INSURANCE 87,492,00 3.59 87,492.00 3,59 EMPLOYEE BENEFITS 27,764.00 1.14 27,764.00 1.14 LABOR & WAGES - OFFICERS 57,050.00 2.34 57,050.00 2.34 LABOR& WAGES - EMPLOYEES 21,079.00 0.87 21,078.00 0.87 LICENSES & TAXES 2,468.00 0.10 2,468.00 0.10 ENTERTAINMENT -50% 1,115.00 0.05 1,115.00 0.05 ENTERTAINMENT - 100% 216.00 0.01 216.00 0.01 MILEAGE 208.00 0.01 208.00 0 01 OFFICE EXPENSE 9,678.00 0.40 9,678.00 0,40 PENALTIES 114.00 0.00 114.00 0.00 PROMOTION & GIFTS 96.00 0.00 96.00 0,00 POSTAGE 273.00 0.01 27300 0,01 RENT 5,850.00 0.24 5,850.00 0,24 REPAIRS & MAINTENANCE 12,164.00 0,50 12,164.00 0.50 SOFTWARE 2,204.00 0.09 2,204.00 0.09 SUPPLIES 3,535.00 0.15 3,535,00 0.15 TELEPHONE 3,688.00 0.15 3,688.00 0.15 TRAVEL EXPENSE 2,133.00 0.09 2,133.00 0.09 UNEMPLOYMENT TAXES 909.00 0.04 909.00 0,04 0,02 UNIFORMS & LAUNDRY 403.00 0.02 403.00 3.692.00 0.15 UTILITIES 82.00 _415 Total Operating Expenses s2X,299,00 13.47 _ 3288-dfl _. 13.47 SEE ACCOUNTANT'S REPORTS AND NOTES Operating Income INTEREST INCOME MISC. INCOME Total Other Income Net Income (Lou) 12 Months Ended 12 Months Ended _ Dec. 3l ,2I� Pa Dec. 31, 2017 Pet 421,429,00 17.30 421,429.00 17.30 23.00 0.00 0.00 �.00 SEE ACCOUNTANT'S REPORTS AND NOTES 23.00 0.00 48.00 --LU $ NVId 311S lIV83A0 SV9Nt M8V'377/A9ll9Add S1N3W3AmdWl ianoO )IdVd NOS71M ICI c; � G '•\ n Li cs. m ziQ Wiz¢ F- tr0 wvo 1-� W ` U r m z F a= Ic _I .—. j � to 9 1 Js 0U J fT] 1 ss VIS V - L � M i UP xw w 911L.Wi (EM:nN aue4d g ZOLZLN7'all!'allal.ej'991hxe9'O'd 4 6upeeul6u3fiulgnsuo� n �11 'an6i;ue� } n r z O i�n'2 I- wT LL � y ey]a y r Li0 0 ss s. ♦� t� z h F (A Z7 x lziq _ crcNvrry S +Z r��lnaLaanrd �� (V � ao Aai� Ih m fil 9 O ¢R A 02(1-18 BOND* 413641P City of Fayetteville, Arkansas Wilson Park Court Improvements DOCUMENT 0061.0 — PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENTS: that JBZ, Inc. dba Ellingson Contracting as Principal, hereinafter called Contractor, and Developers Surety & Indemnity Company as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlII Doc ID: 018394310008 Type: LIE Kind: PERFORMANCE BOND Recorded: 01/15/2019 at 03:26:28 PM Fee Amt: $50.00 Pape 1 of 8 Washington County, AR Kyle Sylvester Circuit Clerk FileBO35—VVVVV777 ' as Obligee, hereinafter called Owner, in the amount of $ 22$,763.00 , for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated pPCPmbpr 1R , 20_18 , entered into a contract with Owner for Wilson Park. Court improvements which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: 00610 Performance Bond 00610 — 1 November 2018 City wfPay*ucviU�Arkansas Wilson Park Court Improvements DOCUMENT 00610 — PERFORMANCE BOND: (continued) A. Complete the Contract inaccordance with its terms and conditions, or Q. Obtain ubid orbids for completing the Contract inaccordance with its terms and conditions, and upon determination hySurety ofthe lowest responsible bidder, or, ifthe Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for ucontract between such bidder and Owner, and mukcavailable uoWork progresses (even though there should be a default or a succession of defaults under the contract mcontracts ofcompletion arranged under this paragraph) suffiuicnt funds topay the cost o[completion less the balance ofthe Contract Price; but not exceeding, including other costs and damugcsfor which the Surety may holiable hereunder, the amount set forth inthe first paragraph hereof. The term "balance ofthe Contract Price'"osused inthis paragraph, shall mean the total amount payable hyOwner 0nContractor under the Contract and any amendments thereto, less the amount properly paid byOwner ooContractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No�����d�|�m�d�u����(�t�u��u���m����m�r��t� Owner named herein orthe heirs, executors. administrators, orsuccessors ofthe Owner. Signed and sealed this-1cLdaynf january 2019. CONTRACTOR � (CORPORATE SEAL) 0O6|OPerformance Bond 00610-2 Yv",ember20\8 City of Fayetteville, Arkansas Wilson Park Court Improvements DOCUMENT 00610 — PERFORMANCE BOND: (continued) SURETY Developers Surety & Indemnity Company By Bryan Clinkscales, Attorney -in -fact Bryan Clinkscales (This Bond shall be accompanied with Attorney-in-Fact's authority from Surety) COUNTERSIGNED: Resident Agent State of Arkansas MOMMUMMil- =1�.��_ 1�.!". %sir-- I►� Kentrina Fowler (CORPORATE SEAL) Approved as to Form: BOND #: 413641P City of Fayetteville, Arkansas Wilson Park. Court Improvements DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that JBZ. Inc. dba Ellingson Contracting PO Box 7202 Siloam Springs AR 72761 as Principal, hereinafter called Contractor, and as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of $ 228,752 00 , for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated December 18 , 20 18 , entered into a contract with Owner for Wilson Park Court Improvements which contract is by reference inade a part hereof, and is hereinafter referred to as the Contract. 0061 1-Labor & Mail Payment Bond 00611 — 1 November 2018 City of Fayetteville, Arkansas Wilson Park Court Improvements DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) NOW, THEREFORE, THE CONDITION OF THiS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suitor action shall be commenced hereunder by any claimant: Unless claimant other than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the patty to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 0061 i-Labor &. Matl Payment Bond 0061 1 — 2 November 2018 City of Fayetteville, Arkansas Wilson Park. Court Improvements DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any Law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation pennitted by such Law. Other than in a state court of competent j urisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. fiber 2018 City of Fayetteville, Arkansas Wilson Park. Court Tmprovements DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) Signed and sealed this 10th day of January 20 19 CONTRACTOR JBZ dba Ell' son Cont actin SURETY Bryan Clinkscales Bryan Clinkscales (This Bond shall be accompanied with Attorney- in-Fact's authority from Surety) (CORPORATE SEAL)- COUNTERSIGNED: Resident Agent State of Arkansas Kentrina Fowler (CORPORATE SEAL,) Approved as to Form: Attorney for END OF DOCUMENT 00611. 0061 1-Labor & Matl Payment Bond 00611 —4 November 2018 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA92623 (949) 263.3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint: ***Bryan Clinkscales, Kentrina Fowler, Jahn Rudd, jointly or severally — as its true and lawful Anomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s}in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as said corporation could do, but reserving to said corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or Vice -President of the corporation be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this 4th day of October, 2018. �................ ,g tN ANDIN By. / Giy'L,t c.+f yveyroloR4rF1i'z Daniel Young, Senior Vice -President Oil Mark Lansdon, Vice -President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On October 4 2018 before me, Lucille Raymond, Notary Public Date Here Insert Name and Idle of the Officer personalty appeared Daniel Young and Mark i.ansdon Name(s) of Signer(s) III QoMy LLtCiLLE RAYMDNpNotary Pubfic - CaliforniazOrange County Commission if 2258185 Comm. Expires Oct 13, 2022 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Signature Lucillo6ykond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this It/ w By: Cassie J. risford, Assistant Se tary ATS-1004 (10/18) day of r jJQ 0 ��� ,.•.• � I ANO/ND'•. � �J•Sav4W'ORgpPpF.yy 1936 a3' �gtrfiosp 475A,•'- City of Fayetteville Staff Review Form 2019-0221 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Ted Jack 4/1/2019 Submitted By Submitted Date Action Recommendation: JBZ, Inc. dba Ellingson Contracting Change Order #1 PARKS & RECREATION (520) Division / Department Staff recommends approval of Change Order #1 to Contract #2018-00000053 with JBZ, Inc. dba Ellingson Contracting to reflect additional charges for an unforeseen handrail, new sidewalk, and additional demolition, as well as a credit for light pole rock boring, for a total amount of $5,993.88, and to extend the contract duration for 29 calendar days added for rain days and production and installation of the handrail. 2250.520.9255-5806.00 2250520.9256-5814.05 Account Number 13001.1802 Project Number Budgeted Item? Yes Budget Impact: Park Development Fund Fund Wilson Park Improvements Project Title Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 389,010.00 $ 228,752.58 1 $ 160,257.42 $ 5,993.88 154,263.54 V20180321 Purchase Order Number: 2018-00000875 Previous Ordinance or Resolution # �iAY-18 Change Order Number: Change Order #1 Approval Date: 4/4/19 Original Contract Number: 2018-00000053 Comments: NOTE TO PURCHASING: Funds for payment of Change Order #1 need to come from GL account 2250.520.9256-5814.05, Project 13001.1802. r�ftl CITY OF ! FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Ted Jack, Park Planning Superintendent DATE: April 1, 2019 STAFF MEMO SUBJECT: Staff recommends approval of Change Order #1 to Contract #2018- 00000053 with JBZ, Inc. dba Ellingson Contracting to reflect additional charges for an unforeseen handrail, additional sidewalk, and demolition, as well as a credit for light pole rock boring, for a total amount of $5,993.88, and to extend the contract duration for 29 calendar days added for rain days and production and installation of the handrail. RECOMMENDATION: Staff recommends approval of Change Order #1 to Contract #2018-00000053 with JBZ, Inc. dba Ellingson Contracting to reflect additional charges for an unforeseen handrail, additional sidewalk, and demolition, as well as a credit for light pole rock boring, for a total amount of $5,993.88, and to extend the contract duration for 29 calendar days added for rain days and production and installation of the handrail. BACKGROUND: The City of Fayetteville Parks and Recreation Department recently selected a contractor through the competitive bidding process to construct a new post -tension concrete basketball court and install new lights and light poles at the larger, adult tennis courts at Wilson Park. This contract was approved through Resolution #267-18 in the amount of $228,752.58, with a project contingency in the amount of $21,078.42. DISCUSSION: Due to unforeseen changes on -site, the barrier -free sidewalk that accesses the basketball court from the west side was required to be constructed at a greater grade than 5%, triggering the requirement for an added handrail, plus the removal and reconstruction of a section of sidewalk. This was not anticipated in the original contract, thereby requiring a change order to address the added cost. The total amount needed by the contractor to accomplish this installation was set at $7,700. The contractor also indicated that a total of 29 calendar days is needed as a time extension to the contract to allow for production and installation of the handrail, as well as additional rain days. In addition, the contract had a line item in the bid form that provided for rock removal during installation of the tennis court light poles. This line item established a linear foot unit price of $426.53 for the work and allowed for 16 linear feet as part of the bid price. During the drilling for the light poles, rock was encountered and acknowledged at a depth of 12 linear feet, allowing for a contract credit of four feet or $1,706.12. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The additional charges of $7,700 for the added sidewalk and handrail production, combined with the rock removal credit of $1,706.12, results in a requested change order in the amount of $5,993.88. The original contract with JBZ, Inc. dba Ellingson Contracting was approved for a total of $228,752.58, with a 10% project contingency of $21,078.42. The total cost of Change Order #1 is $5,993.88. This amount is available within the project contingency budget and will leave $15,084.54 remaining in contingency. Attachments: Staff Review Form Change Order #1 Resolution #267-18 0!2 tHANGROMPERM- ---,1 C-- 1.4 7tWs'-, X- Pr iA,'gj .,rqje, arneiNH Ow.n.-oof'.0. Contractor_,_ A d 'd r ei-s-s-i o-f Contractor. p angqz r 1041 krnOcwtof All., Pmftos�,Ap -.rogA.Chm - ----- 0 1 d4at,7` �_p W191hils -hangp;,ar , e" Contract 5v.rn.,.,:Pr* 'C6h ease,Ah not'19ggtdgAf!�:; Now,Contract Sum including 'thist SnbteetaandReason.�f..br thi's.;Cha.n�e�Order .Staff is requesting AL rA, an P, difjbna1 dhSfgd:j-- j -- 6- r c puct4 cou result ingfrom.8ov btd item, A.11 16 qgkgpplov .a owe Pf r pates.court light The; contractor acknowledged 't t-- bypro-&--- &t- 1��, llat. here providing atre, Additional, "if dW .c- Jnd rdoy5-to a -16 in thg;rhonge.Qr T, n:,orderto Prqd�1. A°co-mpl'eted project that meets accessibility. reguremerits 15 %093,48 ......... w tv O ft wft -- o A - .of`ne ,harydrarl tomatch: d :.handrails, for 155E ents p provide�accessi0i i&y . , � . q, items in the. onbrtdt, installation of the tennis, removal was± drilled.for rax-WP$xd11h Dated this, day of-:V 2019 ZIT' I'L Y-..'OF FAYETTIEV LE a a - Recreation: -.dbg-'E-'L-'L71-N'G"'SdN. CONT-AACUNG Contractor Yolc! :FAYETTEVILLE = w 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 267-18 ....... ...... File Number: 2018-0712 BID # 18-54 JBZ, INC. D/B/A ELLINGSON CONTRACTING: A RESOLUTION TO AWARD BID # 18-54 AND AUTHORIZE A CONTRACT WITH JBZ, INC. DB/A x ELLINGSON CONTRACTING IN THE AMOUNT OF $228,752.58 FOR THE RESURFACING OF THE BASKETBALL COURT AND INSTALLATION OF NEW TENNIS COURT LIGHTS AT WILSON PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $21,078.42 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 # 18-54 and authorizes Mayor Jordan to sign a contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $228,752.58 for the resurfacing of the basketball court and installation of new tennis court lights at Wilson Park, and Rather approves a project contingency in the amount of $21,078.42. PASSED and APPROVED on 12/18/2018 Inc. dba Ellingson Contracting Change Order #2 City of Fayetteville Staff Review Form 2019-0259 - Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Ted Jack 4/18/2019 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order #2 to Contract #2018-00000053 with JBZ, Inc. dba Ellingson Contracting to reflect an additional charge of $3,400 necessary for the placement and grading.of topsoil and sod around the perimeter of the new basketball court slab. Budget Impact: 2250.520.9255-5806.00 2250.520.9256-5814.05 Park Development Fund Account Number Fund 13001.1802 Wilson Park Improvements Project Number i Project Title Budgeted Item? Yes Current Budget $ 389,010.00 - x Funds Obligated $ 229,258.58 Current Balance ' $ 1S9,751.42� Does item have a cost? Yes Item Cost $ 3,400.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 156,351.42 V20180321 Purchase Order Number: 2018-00000875 Previous Ordinance or Resolution # #267-18 - Change Order Number: Change Order #2 Approval Date: Original Contract Number: 2018-00000053 Comments: NOTE TO PURCHASING: Funds for payment of Change Order #2 need to come from GL account 2250.520.9256-5814.05, Project 13001.1802. CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Ted Jack, Park Planning Superintendent DATE: April 17, 2019 STAFF MEMO SUBJECT: Approval of Change Order #2 to Contract #2018-00000053 with JBZ, Inc. dba Ellingson Contracting to reflect an additional charge of $3,400 necessary for the placement and grading of topsoil and sod around the perimeter of the new basketball court slab. RECOMMENDATION: Staff recommends approval of Change Order #2 to Contract #2018-00000053 with JBZ, Inc. dba Ellingson Contracting to reflect an additional charge of $3,400 necessary for the placement and grading of topsoil and sod around the perimeter of the new basketball court slab. BACKGROUND: The City of Fayetteville Parks and Recreation Department recently selected a contractor through the competitive bidding process to construct a new post -tension concrete basketball court and install new lights and light poles at the larger, adult tennis courts at Wilson Park. This contract was approved through Resolution #267-18 in the amount of $228,752.58, with a project contingency in the amount of $21,078.42. As the contract progressed and due to unforeseen changes on -site, the barrier -free sidewalk that accesses the basketball court from the west side was required to be constructed at a greater grade than 5%, triggering the requirement for an added handrail, plus the removal and reconstruction of a section of sidewalk. This was unanticipated and let to the request and approval of Change Order #1 in the amount of $7,700, plus an increase in contract time'of 29 calendar days, to complete the sidewalk and handrail installation. DISCUSSION: The request for Change Order #2 is necessary as a final completion component of the project. This request is for additional compensation for the purchase and installation of topsoil and sod necessary to transition the surface grades surrounding the new concrete slab up to the top edge of the concrete. This will help protect the concrete as well as improve player safety by preventing an abrupt grade change around the perimeter. In an effort to minimize budget requirements, this finish work was originally planned to be completed by Park and Recreation field crews; however, unforeseen scheduling demands have made this very difficult. Due to seasonal work needs, all park staff are committed elsewhere. In Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 order to complete the project and open the basketball court as soon as possible, the completion of this finish work by the construction contractor is the best choice to expedite this project. BUDGET/STAFF IMPACT: _ The additional charges of $3,400.00 for the materials and labor necessary to complete the project is the request for Change Order #2. The original contract with JBZ, Inc., dba Ellingson Contracting was approved for a total of $228,752.58, with a 10% project contingency of $21,078.42. The total cost of Change Order #1, _ $5,993.88, increased the contract amount to 234,746.46, leaving $15,084.54 remaining in project contingency. The request for Change Order #2, $3,400.00, will increase the total contract amount to $238,146.46, while leaving a total of $11,684.54 in project contingency. Attachments: Staff Review Form Change Order #2 Resolution #267-18 CITY OF FAYETTEVILLE ARKANSAS CHANGE ORDER NO. 2 Cost Plus X Pre -Agreed Unit Price Project Name and Number: Wilson Park Improvements: 13001.1802 Name of Contractor: JBZ, Inc., dba Ellingson Contracting Address of Contractor: PO Box 7202, Siloam Springs, AR 72761 Date of Contract: December 10 2018 OriginalContract Sum: .................................................................................................. $228,752.58 Total Amount of All Previously Approved Change Orders: .............................................. $5,993.88 Contract Sum prior to this Change Order: .................................................................... $234,746.46 Contract Sum increase this Change Order: (not to exceed) ............................................. $3,400.00 New Contract Sum including this Change Order: ......................................................... $238,146.46 Subiect and Reason for this Change Order: Staff is requesting approval for the following changes: 1. Approval of an additional charge ($3,400.00) for materials and labor necessary to complete ground grade transitions and sod for each side of the new basketball court slab to include: a. Two truck loads of top soil — approximately 32 CY b. Bermuda sod necessary to complete coverage of placed topsoil c. Placement, grading and raking of topsoil around perimeter of basketball - court as follows: i. North Side — Infill along edge approximately 1' wide, ii. South Side — Slope from court to ground approximately 2' wide - iii. East Side — Slope from court to ground approximately 3' wide iv. West Side — Provide a 1' wide level space from court's edge, then slope to ground as needed for an approximately 3' additional.- 2. No additional contract time is requested to complete the installation. Mailing Address: 113 W. Mountain Street www.€ayetteville-ar.gov Fayetteville, AR 72701 These changes are recommended in order to provide: 1. This work was originally planned for completion using Park and Recreation field crews; however, timing and seasonal scheduling has made that impractical. This completion by the project contractor will complete the project and result in a final product that can quickly be utilized by the public. Dated this -l-" day of I , 2019 CITY OF FAYETTEVILLE Parks and Recreation Department =11-- TedbA, Park Planning Superintendent JBZ INC. dba ELLINGSON CONTRACTING Contractor BB .�i/ Title•—1/yL�2citC�lz.�1� n ����.�'• �G�Z Y O C..�.G� FRYETTEVII_I_E,' i ��.�� �'S��k SQL ♦=F�.�� ',�J 1`1 j of t 1t� �1�1, 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 267-18 File Number: 2018-0712 BID # 18-54 JBZ, INC. D/B/A ELLINGSON CONTRACTING: A RESOLUTION TO AWARD BID # 18-54 AND AUTHORIZE A CONTRACT WITH JBZ, INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $228,752.58 FOR THE RESURFACING OF THE BASKETBALL COURT AND INSTALLATION OF NEW TENNIS COURT LIGHTS AT WILSON PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $21,078.42 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 # 18-54 and authorizes Mayor Jordan to sign a contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $228,752.58 for the resurfacing of the basketball court and installation of new tennis court lights at Wilson Park, and further approves a project contingency in the amount of $21,078.42. PASSED and APPROVED on 12/18/2018