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Home My WebLink AboutORDINANCE 6130�r .r rr`AAHSf•,. 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6130 File Number: 2018-0714 RJR ENTERPRISES, INC.: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH RJR ENTERPRISES, INC. IN THE AMOUNT OF $28,633.14 FOR THE PURCHASE AND INSTALLATION OF REPAIR TILES FOR PLAYGROUNDS AT BRYCE DAVIS, SWEETBRIAR, AND DAVID LASHLEY PARKS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,000.00 WHEREAS, RJR Enterprises, Inc. installed the playground equipment at Bryce Davis, Sweetbriar, and David Lashley Parks, all of which experienced playground surface failure within a few years of installation; and WHEREAS, RJR Enterprises has worked out an arrangement with sofSURFACE, the manufacturer of the playground tiles, and proposes to replace or repair the existing tiles utilizing an improved installation procedure at a discounted price; and WHEREAS, sofSURFACE tiles must be purchased to ensure compatibility with the existing sofSURFACE tiles and the repair work requires certification by the manufacturer, which RJR Enterprises, Inc. has received. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the facts shown above establish that an exceptional situation exists in which competitive bidding is not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes a contract with RJR Enterprises, Inc. in the amount of $28,633.14 for the purchase and installation of repair tiles Page 1 Printed on 12120118 Resolution 6130 File Number: 2018-0714 for playgrounds at Bryce Davis, Sweetbriar, and David Lashely Parks, and further approves a project contingency in the amount of $3,000.00. PASSED and APPROVED on 12/18/2018 Attest: (1t noxa 4�v- ZI'L4, & Sondra E. Smith, City Clerk Tri'iii �r+rer '��►►►�► ``�. ��K•/ TRS. �,�� FAYET-rE\MLL;';�'— ,�r•��►irTON %� Page 2 Printed on 12/20118 City of Fayetteville, Arkansas i Text File -- File Number: 2018-0714 Agenda Date: 12/18/2018 Version: 1 In Control: City Council Meeting Agenda Number: D. 8 RJR ENTERPRISES, INC.: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH RJR ENTERPRISES, INC. IN THE AMOUNT OF $28,633.14 FOR THE PURCHASE AND INSTALLATION OF REPAIR TILES FOR PLAYGROUNDS AT BRYCE DAVIS, SWEETBRIAR, AND DAVID LASHLEY PARKS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,000.00 WHEREAS, RJR Enterprises, Inc. installed the playground equipment at Bryce Davis, Sweetbriar, and David Lashley Parks, all of which experienced playground surface failure within a few years of installation; and WHEREAS, RJR Enterprises has worked out an arrangement with sofSURFACE, the manufacturer of the playground tiles, and proposes to replace or repair the existing tiles utilizing an improved installation procedure at a discounted price; and WHEREAS, sofSURFACE tiles must be purchased to ensure compatibility with the existing sofSURFACE tiles and the repair work requires certification by the manufacturer, which RJR Enterprises, Inc. has received. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the facts shown above establish that an exceptional situation exists in which competitive bidding is not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes a contract with RJR Enterprises, Inc. in the amount of $28,633.14 for the purchase and installation of repair tiles for playgrounds at Bryce Davis, Sweetbriar, and David Lashely Parks, and further approves a project contingency in the amount of $3,000.00. City of Fayetteville, Arkansas Page 1 Printed on 1211912018 City of Fayetteville Staff Review Form 2018-0714 Legistar File ID 12/18/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Byron Humphry 11/28/2018 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE THE PURCHASE OF REPAIR TILES AND THE REPAIR AND INSTALLATION OF PLAYGROUND TILES AT BRYCE DAVIS, SWEETBRIAR, AND DAVID LASHLEY PARKS FROM RJR ENTERPRISES, INC IN THE AMOUNT OF $28,633.14 AND APPROVE A PROJECT CONTINGENCY OF $3,000. Budget Impact: 4470.520.8520-5806.00 Sales Tax Cap Imp Account Number 15011.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Safety & ADA Project Title 55,588.00 8,151.13 31,633.14 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 18, 2018 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Parks Maintenance Superintendent DATE: November 28, 2018 SUBJECT: An ordinance to waive the requirements of formal competitive bidding and approve the purchase of repair tiles and the repair and installation of playground tiles at Bryce Davis, Sweetbriar, and David Lashley from RJR Enterprises, Inc in the amount of $28,633.14 and to approve a project contingency of $3,000. RECOMMENDATION: An ordinance to waive the requirements of formal competitive bidding and approve the purchase of repair tiles and the repair and installation of playground tiles at Bryce Davis, Sweetbriar, and David Lashley Parks from RJR Enterprises, Inc in the amount of $28,633.14 and to approve a project contingency of $3,000. BACKGROUND: Fall surfacing for playgrounds is required underneath playground equipment to minimize injury from falls. Between 2006 and 2008, six playgrounds were installed in City parks utilizing sofSURFACE playground tiles as the fall surface material. Three of the playgrounds (Finger, Harmony Pointe, and Salem Parks) were built by a contractor, Arkoma, who was a sofSURFACE representative and the other three (Bryce Davis, David Lashley, and Sweetbriar Parks) were built by RJR Enterprises who was not a sofSURFACE representative. Within a few years, all six of these playground surfaces begin to fail and created large cracks between the tiles due to expansion and contraction. These failures occurred outside of the one- year manufacturer's warranty period. Arkoma, because of their relationship with sofSURFACE, was able to coordinate the removal and reinstallation of the tile at Finger, Harmony Pointe, and Salem Parks utilizing a new installation procedure performed by a sofSURFACE installer. The tiles on these three playgrounds have performed well with no issues after this improved installation procedure was performed. RJR, because they were not a sofSURFACE representative, had difficulty coordinating the same effort with sofSURFACE and instead made repairs to the playground tiles at Bryce Davis, David Lashley, and Sweetbriar Parks themselves. These repairs lasted for some time, but have ultimately begin to fail again, creating large cracks between the tiles. RJR has reached out again to sofSURFACE and worked out an arrangement to replace/repair the existing tiles in cooperation with a sofSURFACE installer utilizing the improved installation procedure at a discounted price. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: RJR Enterprises, Inc. in cooperation with a certified sofSURFACE installer, have proposed to remove and reinstall the existing failed tiles at Bryce Davis, David Lashley, and Sweetbriar Parks utilizing sofSURFACE's improved installation procedure. This proposal accounts for replacing tiles that are damaged with new tile and reusing most of the existing tile. Because of the success of this method of repair at Finger, Harmony Pointe, and Salem Parks, it is anticipated that this repair should be sufficient to extend the life of the fall surface material to match the life of the playgrounds themselves. Because the playgrounds were installed by RJR using sofSURFACE tiles which is the sole manufacturer of these tiles and because RJR has coordinated with a sofSURFACE certified installer who is knowledgeable of the required installation methods to make the successful repair, an ordinance to waive competitive bidding is recommended to utilize RJR Enterprises, Inc. for the repair of the playground tiles at Bryce Davis, David Lashley, and Sweetbriar Parks for $28,633.14. Utilizing another playground tile from a different tile manufacturer or another vendor other than the original installer is not practical or feasible. Attempting to bid this work would be unsuccessful and much more costly in repairs. In addition, SofSurface is the sole provider of items compatible with the existing system. Parts are not interchangeable with similar parts or another manufacturer. The reinstallation of the existing tiles, along with replacing damaged tiles, with the new method requires a manufacturer certified installer. The playground surfaces must be repaired to meet safety standards. BUDGET/STAFF IMPACT: The proposal to repair the playground tiles at Bryce Davis, David Lashley, and Sweetbriar Parks will cost $28,633.14 which includes the cost of materials and labor. A project contingency in the amount of $3,000, for a total project cost of $31,633.14, is requested. Sufficient funding is available in the Safety and ADA project. Attachments: RJR Enterprises, Inc. Proposal RJR ENTERPRISES, INC. 804 N 42 nd Street Rogers, AR 72756 I Name/Address Fayetteville Parks and Recreation Connie Edmonston 113 West Mountain Fayetteville, AR 72701 PROPOSAL Date Proposal# 11/19/2018 180171 P.O. No. Project Terms Due Date Web Site Davis, Sweetbriar,Lashley Tile Repair Net 30 12/19/2018 Description Qty List Price Amount Discount Total Sof Tile David Lashley Repair Tile 1.000 3,254.80 3,254.80 3,254.80 Tile Repair Installation by Certified Tile Installer Third Party 1.000 7,484.00 7,484.00 7,484.00 Freight 1.000 953.23 953.23 953.23 Sales Tax 0.0975 4,208.03 410.28 410.28 Subtotal 12,102.31 Sof Tile Bryce Davis and Sweetbrier Repair Tile 1.000 5,086.57 5,086.57 5,086.57 Tile Repair Installation by Certified Tile Installer Third Party 1.000 9,759.00 9,759.00 9,759.00 Freight 1.000 1,083.66 1,083.66 1,083.66 Sales Tax 0.0975 6,170.23 601.60 601.60 Subtotal 16,530.83 Total $28;633.14 Signature Phone # Fax # Cell E-mail Web Site 479-936-1092 479- 439-8692 Ryan 479-936-1092 Ron 479-621-3939 ryanbrowna nwarjr.com ronbrown rr,mvarjr.coni jrplay.com Granite Re, Inc. Payment Bond CONTRACTOR: RJR Enterprises, Inc. 804 N 42nd Street Rogers, Arkansas 72756 OWNER: City of Fayetteville 1455 S Happy Hollow Fayetteville, Arkansas 72701 CONTRACT: Date: 01/15/2019 Amount: Twenty Eight Thousand Six Hundred -Thirty Three xxxxxxxxxxl4/100 Description: Playground Tile Repair: Davis Sweetbriar, Lashley Tile BOND: Bond#: GRAR43276 Date: 01/15/2019 9ard. Ut3o SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 11111111 III11{ III 111{I I1{ll 1{111 II11I 11111111111III1 I1{Il {111111111111111111 1{li RFC009 BYAe: �I Kind: PERFORMANCE BOND Recorded: D1/11/2019 at 04:15.45 Pt9 Fee Amt: 5-Washingtonn5Couunnty, PapA1 ❑f 9 R Kyle Sylvester Circuit in ClelrAAkll�% 1I�?71�11 FileBO35-000001 "�" Amount : $28,633.14 Modifications to this Bond: PNo Yes, see last page CONTRACTOR AS PRINCIPAL RJR Enterprises, c. Signature: Name and T' lc: inx SURETY Granite Re, Inc. 6 )J -t c � e4 Signature: Name and Title: Christine Piker Attorney -in -Fact The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, Successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, or suits and tendered defense of such claims, demands, or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. GR0614-15 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. Within a reasonable period of time after the claimant has satisfied the conditions of Paragraph 4 and after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed and earned amounts. These amounts shall only be paid if previously certified by the Architect or Engineer and paid to Contractor by Owner. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. 6. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by Claimant or the last materials or equipment were furnished by Claimant under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. GR0614-1 5 11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone, service or rental equipment used in the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 15. Principal: The individual or entity named and listed under the section of the bond titled "Contractor". This individual or entity is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Signature: Name and Title: Name and Title: GR0614-15 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: ROLAND JULIAN; BRAD BRIDGERS; TERRI STUART; ESTHER MCBEE; CHRISTINE PIKER; DIANA BALL its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: ROLAND JULIAN; BRAD BRIDGERS; TERRI STUART; ESTHER MCBEE; CHRISTINE PIKER; DIANA BALL may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 27th day of March, 2018. art keOEA Kenneth D. Whitting , President STATE OF OKLAHOMA SS: - COUNTY OF OKLAHOMA) Kyle.P, McDonald, Treasurer On this 27th day of March, 2018, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: August 8, 2021 1 1///• Commission #: 01013257 Nota Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this /67_-+ day of —Jf}NL)AWX , 201 9 79 Rt, oS` E A L Kyle P.cDonald, Secretary/Treasurer GR0800-1 Granite Re, Inc. Performance Bond CONTRACTOR: RJR Enterprises, Inc. 804 N 42nd Street Rogers, Arkansas 72756 OWNER: City of Fayetteville 1455 S Happy Hollow Fayetteville, Arkansas 72701 CONTRACT: Date: 01/15/2019 SURETY: Granite Re, Inc. 14001 QuaiIbrook Drive Oklahoma City, OK 73134 Amount: Twenty Eight Thousand Six Hundred -Thirty Three xxxxxxxxxxx14/100 Description: Playground Tile Repair: Davis Sweetbriar, Lashley Tile BOND: Bond#: GRAR43276 Date: 01/15/2019 Amount :$28,633.14 Modifications to this Bond: �No Yes, see last page CONTRACTOR AS PRINCIPAL RJR Enterprises Inc Signature: Name and SURETY Granite Re, Inc. Signature: Name and Title: Chl R I S T1 N F Q' R Pce—A Attorney -in -Fact 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conference; as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and GR0614-16 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall within reasonable promptness and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety, demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner releases the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subpuraoralih 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract. 7, The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within one year after Contractor Default or within one year after the Contractor ceased working or within one year after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs fust. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any proVision in this Bond conflicting with said statutory or legal requirement shall be: GR0614-16 deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages; to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract, 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 13. Principal: The individual or entity named and listed under the section of this bond titled Contractor. The entity or individual named as Contractor is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Name and Title: GR0614-16 Signature: Name and Title: GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: ROLAND JULIAN; BRAD BRIDGERS; TERRI STUART; ESTHER MCBEE; CHRISTINE PIKER; DIANA BALL its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: ROLAND JULIAN; BRAD BRIDGERS; TERRI STUART; ESTHER MCBEE; CHRISTINE PIKER; DIANA BALL may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 271h day of March, 2018. Kenneth D. Whittingteh, President STATE OF OKLAHOMA ) s E n L ; SS: COUNTY OF OKLAHOMA ) Kyle,O. McDonald, Treasurer On this 27th day of March, 2018, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC, Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: r� August 8, 2021 Commission #: 01013257 :,y,4 Y-� Nota Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this Sr N day of , 20 SEAL Kyle P. cDonald, Secretary/Treasurer GRO800-1 DATE (MM/DDIYYYY) '►��® CERTIFICATE OF LIABILITY INSURANCE 1 /912019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERNAME Chris Piker. CISR Rogers Insurance Agency, Inc. PHONE 2809 W Ajax Avenue #300 479-636 4551 1Ax No :479'636 1289 sAni'�`� Rogers AR 72758 E S' C iker rD ers-insurance.corn COVERAGES CERTIFICATE NUMBER: 538053455 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERRA OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM: NSRADDL SU9R POLICY EFF POLICY E7(P LT, TYPE OF INSURANCE POLICY NUMBER MMfDOIYYYY fu4MIDDlYYYY B X COMMERCIAL GENERAL LIABILITY Y I Y 1 EPP0028068 7/1/2018 7/1/2019 CLAIMS -MADE E - • ! OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [:] jEGT 7 LOC BAUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY B X UMBRELLA LIAB —II EXCESS LIAB A IWORKERS COMPENSATION AND EMPLOYERS' LIABILITY In NH) be under Y I Y I EBA0028068 SCHEDULED AUTOS NON -OWNED AUTOS ONLY OCCUR Y Y 1 EPP00211068 CLAIMS -MAGE YIN rNIA N I WCV6094142 7/1/2018 1 7/1/2019 7/1/2018 1 7/1/2019 9/14/2018 1 9/14/2019 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requl CATE HOLDER CANCELLATION 1000ERirlhi KREM91F10. :D NAMED ABOVE FOR THE POLICY PERIOD INSURER A : Accident Fund Insurance Company of America 1 INSURED RJRFNTE-01 RJR Enterprises, Inc. 804 North 42nd Street Rogers AR 72756 INSURSR 0: Cincinnati Insurance Company1 INSURER C: INSURER D INSURER E : INSURER r: COVERAGES CERTIFICATE NUMBER: 538053455 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERRA OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM: NSRADDL SU9R POLICY EFF POLICY E7(P LT, TYPE OF INSURANCE POLICY NUMBER MMfDOIYYYY fu4MIDDlYYYY B X COMMERCIAL GENERAL LIABILITY Y I Y 1 EPP0028068 7/1/2018 7/1/2019 CLAIMS -MADE E - • ! OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [:] jEGT 7 LOC BAUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY B X UMBRELLA LIAB —II EXCESS LIAB A IWORKERS COMPENSATION AND EMPLOYERS' LIABILITY In NH) be under Y I Y I EBA0028068 SCHEDULED AUTOS NON -OWNED AUTOS ONLY OCCUR Y Y 1 EPP00211068 CLAIMS -MAGE YIN rNIA N I WCV6094142 7/1/2018 1 7/1/2019 7/1/2018 1 7/1/2019 9/14/2018 1 9/14/2019 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requl CATE HOLDER CANCELLATION 1000ERirlhi KREM91F10. :D NAMED ABOVE FOR THE POLICY PERIOD )OCUMENT WITH RESPECT TO WHICH THIS ] HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE 51,000,000 PREM !S Me o=rr4nP9J$100,000 MED EXP Any one person $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGR EGATE $2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 $ COMBINED SINGLE IJMIT $1,000,000 Ea acd nt TBODILY INJURY (Per person) $ BODILY INJURY (Per accldent) $ PROPERTY DAMAGE $ Por acclden[ EACH OCCURRENCE $ 2.000.000 AGGREGATE $2,000,000 Follows Farm $ X PER TH_ 'ER 5 ATUTE E.L. EACH ACCIDENT $.500,000 E.L. DISEASE - EA EMPLOYEE $500,000 EL DISEASE -POuCYLIMIT $500.000 ed) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fayetteville ACCORDANCE WITH THE POLICY PROVISIONS, 113 W. Mountain Fayetteville AR 72701 AUTHORIZED REPRESENTATIVE USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD NORTHWEST ARKANSAS Democrat 7roazette AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 6130 Was inserted in the Regular Edition on: January 3, 2019 Publication Charges: $ 111.80 Cathy Staggs Subscribed and sworn to before me This \Lc day of Ate, 2019. C,_ Notary Public My Commission Expires: CAFHY WILES Arkansas • BallttJrt Cc[Iri Notary Public • Cprfllh# 12397 i i g ably Con1misslon Ex.pif,s Fel) ,?0, Vin' **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6130 File Number: 2018-0714 RJR ENTERPRISES, INC.: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE= A CONTRACT WITH RJR ENTERPRISES, INC IN TI IE AMOUNT OF $28,633-14 FOR THE PURCHASE AND INSTALLATION OF REPAIR TILES FOR PLAYGROUNDS AT BRYCE DAVIS, SWEETBRIAR, AND DAVID LASI [LEY PARKS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,000.00 WHEREAS, RJR Enterprises, Inc. installed the playground equipment at Bryce Davis, Sweelbriar, and David Lashley Parks, all of which experienced playground surface failure within a few years of installation; and WHEREAS, RJR Enterprises has worked out an arrangement with sofSURFACE, the manufacturer of the playground tiles, and proposes to replace or repair the existing tiles utilizing an improved installation procedure at a discounted price; and WHEREAS, sofSURFACE tiles must be purchased to ensure compatibility, with the existing solSURFACE tiles and the repair work requires certification by the manufacturer, which RJR Enterprises, Inc. has received. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: Thal the City Council of the City of Fayetteville, Arkansas hereby determines that the facts shown above establish that an exceptional situation exists in which competitive bidding is not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes a contract with RJR Enterprises, Inc. in the amount of $28,633.14 for the purchase and installation of repair tiles for playgrounds at Bryce Davis, Sweelbriar, and David Lashely Parks, and further approves a project contingency in the amount of$3,000.00. PASSED and APPROVED on 12/18/2018 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74797561 Jan 3, 2019