HomeMy WebLinkAbout206-09 RESOLUTIONRESOLUTION NO. 206-09
A RESOLUTION AWARDING BID #09-57 AND APPROVING A
CONTRACT WITH DANNY ROBINSON CONSTRUCTION, LLC IN THE
AMOUNT OF $91,044.00 FOR THE COMPLETE INSTALLATION OF TWO
(2) TRAIL BRIDGES FOR THE THIRD PHASE OF LAKE FAYETTEVILLE
TRAIL; AND APPROVING A 15% PROJECT CONTINGENCY IN THE
AMOUNT OF $13,656.60.
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
#09-57 and approves a contract with Danny Robinson Construction, LLC in the amount of
$91,044.00 for the complete installation of two (2) trail bridges for the Third Phase of Lake
Fayetteville Trail. A copy of the contract, marked Exhibit "A," is attached hereto and made a
part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a
15% project contingency in the amount of $13,656.60.
PASSED and APPROVED this 6th day of October, 2009.
APPROVED: ATTEST:
By:v�d4i &4M,
SOND E. SMITH, City Clerk/Treasurer
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Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
10/6/2009
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Development Services
Department
Staff requests approval of a resolution awarding Bid #09-57 and approving a contract with Danny Robinson
Construction, LLC. in the amount of $91,044.00 for the complete installation of the 2 trail bridges for the third phase
of Lake Fayetteville Trail; and approving a 15% project contingency in the amount of $13,656.60.
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ost of this request
4470-9470-5814.05
4520.9520.5814.05
Account Number
02016/4
06036 / 1
Project Number
Budgeted Item
X
1,434,381.00
129, 285.00
Category / Project Budget
$
700,717.62
60,035.11
Funds Used to Date
733,663.38
69, 249.89
Remaining Balance
Budget Adjustment Attached L 1
Trail Development
Transportation Bond Trail Improvements
Program Category / Project Name
Transportation Improvements
Trail Improvements
Program / Project Category Name
Sales Tax Capital Improvements
Sales Tax 2006A Construction Fund
Fund Name
Dep rrtment DtYector
City Attorne
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Fiance'and Internal ervices irector
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Date
9147TAL
9-073-09
Date
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Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office
Comments:
Revised January 15, 2009
City Council Meeting of October 6, 2009
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
From: Matt Mihalevich, Trails Coordinator
Date: September 18ih, 2009
Subject: Lake Fayetteville Trail Bridges Installation
RECOMMENDATION:
Staff -requests approval of a resolution awarding Bid #09-57 and approving a contract with Danny
Robinson Construction, LLC. in the amount of $91,044.00 for the complete installation of the 2
trail bridges for the third phase of Lake Fayetteville Trail; and approving a 15% project
contingency in the amount of $13,656.60.
BACKGROUND:
Construction of phase!!! of the Lake Fayetteville Trail is underway to extend the 10 foot wide
paved trail from the current end at the northeast corner of the park near Highway 265 south to the
Botanical Gardens. This 1.6 mile trail extension will cross Clear Creek with a 140 foot single
span bridge and the trail will also cross a small tributary near the Botanical Gardens with a 35
foot single span bridge.
DISCUSSION:
In an effort to reduce cost, the bridges have been purchased directly by the City from Wheeler
Lumber LLC and approved through resolution #131-09. The bridges will be delivered to the
bridge sites and installed by Danny Robinson Construction, LLC. The project scope of work will
also include the construction of concrete foundations and abutments, pouring of the concrete
bridge deck and installation of concrete approach slabs.
The installation of the bridges was advertised on August 28`'' and September 4`1i 2009 as bid
number 09-57 with official bids received on September 18', 2009. Six bids were received and
Danny Robinson Construction Co. was low bid. The official bid tab is attached.
BUDGET IMPACT:
Funds for the installation of the Lake Fayetteville Bridges have been budgeted as part of the
Transportation Bond Trail Development Program and Transportation Trail Improvements
Program Sales Tax Capital.
1
RESOLUTION NO.
A RESOLUTION AWARDING BID #09-57 AND APPROVING A
CONTRACT WITH DANNY ROBINSON CONSTRUCTION, LLC
IN THE AMOUNT OF $91,044.00 FOR THE COMPLETE
INSTALLATION OF TWO (2) TRAIL BRIDGES FOR THE THIRD
PHASE OF LAKE FAYETTEVILLE TRAIL; AND APPROVING A
15% PROJECT CONTINGENCY IN THE AMOUNT OF $13,656.60.
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 #09-57 and approves a contract with Danny Robinson
Construction, LLC in the amount of $91,044.00 for the complete installation of
two (2) trail bridges for the Third Phase of Lake Fayetteville Trail. A copy of the
contract, marked Exhibit "A," is attached hereto and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a 15% project contingency in the amount of $13,656.60.
PASSED and APPROVED this 6th day of October, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDON, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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Account Numbers
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Special Instructions:
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Lake Fayetteville Trail Bridge
Installation
Lake Fayetteville Trail Bridge
Installation
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DOCUMENT 00500 — AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: LAKE FAYETTEVILLE TRAIL BRIDGES
Contract No.: N/A
THIS AGREEMENT is dated as of the 6 -.11 ---day of ,ej t JL in the year 2009 by and
between The City of Fayetteville, Arkansas and Danny Robinson Construction, LLC.
(hereinafter called Contractor).
ARTICLE 1 - WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract
Documents. The work under this Contract includes, but is not limited to:
Installation of a 140 LF and 35 LF prefabricated bridge, including foundation
and abutment construction, bridge deck and approach slabs and
miscellaneous related items. More specifically, the project will require the
following:
1. Mobilization/Demobilization
2. Stormwater & Erosion Protection
3. Clearing and Grubbing of project areas
4. Earthwork for bridge abutments
5. Foundation and concrete abutment construction for the two bridges
6. Accept delivery of the bridges and install bridges on abutments. Includes
installation of the splice for the 140' bridge.
7. Place concrete bridge deck on the two bridges.
8. Install riprap stone protection at the bridge locations
9. Construct approach slabs at each end of the bridge locations.
10. Provide topsoil and seed disturbed areas at each bridge.
City of Fayetteville 00500 - 1
Lake Fayetteville Trail Bridges Installation
DOCUMENT 00500 — AGREEMENT (continued)
1 1. Clean bridges of any concrete debris or markings from the supplier.
ARTICLE 2 - ENGINEER
2.01 The Project has been designed by the City of Fayetteville, Engineering Division, who
is hereinafter called Engineer. The Engineer assumes all duties and responsibilities,
and has 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
3.01 TIME OF THE ESSENCE:
A. All time limits for milestones, if any, Substantial Completion, and
completion and readiness for final payment as stated in the Contract
Documents are of the essence of the Contract.
102 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A. The Work will be Substantially Completed within 60 calendar days after the
date when the Contract Times commence to run as provided in the
GENERAL CONDITIONS, and completed and ready for final payment in
accordance with the GENERAL CONDITIONS within 90 calendar days
after the date when the Contract Times commence to run.
3.03 LIQUIDATED DAMAGES:
A. Owner and Contractor recognize that time is of the essence of this
Agreement and that The City of Fayetteville will suffer financial loss if the
Work is not completed within the time specified above, plus any extensions
thereof allowed in accordance with the GENERAL CONDITIONS. The
parties also recognize the delays, expense, and difficulties involved in
proving the actual loss suffered by The City of Fayetteville if the Work is not
Substantially Completed on time. Accordingly, instead of requiring any such
City of Fayetteville 00500 - 2
Lake Fayetteville Trail Bridges Installation
DOCUMENT 00500 — AGREEMENT (continued)
proof, The City of Fayetteville and Contractor agree that as liquidated
damages for delay (but not as a penalty) Contractor shall pay The City of
Fayetteville One Hundred Fifty Dollars ($150.00) for each calendar day that
expires after the time specified above in Paragraph 3.02 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 3.02 for completion
and readiness for final payment or any proper extension thereof granted by
The City of Fayetteville, Contractor shall pay The City of Fayetteville Seven
Hundred Fifty Dollars ($750.00) for each calendar day that expires after the
time specified for completion and readiness for final payment.
ARTICLE 4 - CONTRACT PRICE
4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to
accept, as full and final compensation for all work done under this agreement, the
amount based on the prices bid in 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.
4.02 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.
4.03 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.
City of Fayetteville 00500 - 3
Lake Fayetteville Trail Bridges Installation
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 5 - PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A. Contractor shall submit Applications for Payment in accordance with the
GENERAL CONDITIONS. Applications for Payment will be processed by
Engineer as provided in the GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS, RETAINAGE:
A. The City of Fayetteville 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 15th day of each month during
construction. All such payments will be measured by the schedule of values
established in the GENERAL CONDITIONS (and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements.
1 Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and Tess such amounts as Engineer
shall determine, or The City of Fayetteville may withhold, in accordance
with the GENERAL CONDITIONS.
a. 90% of Work Completed (with the balance being retainage). If
Work has been 50% completed as determined by Engineer, and
if the character and progress of the Work have been satisfactory
to The City of Fayetteville and Engineer, The City of
Fayetteville on recommendation of Engineer, may determine that
as long as the character and progress of the Work subsequently
remain satisfactory to them, there will be no additional retainage
on account of Work subsequently completed, in which case the
remaining progress payments prior to Substantial Completion
will be an amount equal to 100% of the Work Completed less the
aggregate of payments previously made; and
City of Fayetteville 00500 - 4
Lake Fayetteville Trail Bridges Installation
DOCUMENT 00500 — AGREEMENT (continued)
b. 100% of Equipment and Materials not incorporated in the Work
but delivered, suitably stored, and accompanied by
documentation satisfactory to The City of Fayetteville as
provided in the GENERAL CONDITIONS.
2. Upon Substantial Completion, The City of Fayetteville shall pay an amount
sufficient to increase total payments to Contractor to 95% of the Contract
Price (with the balance being retainage), less such amounts as Engineer shall
determine, or The City of Fayetteville may withhold, in accordance with the
GENERAL CONDITIONS.
5.03 FINAL PAYMENT:
A. Upon final completion and acceptance of the Work in accordance with the
GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder
of the Contract Price as recommended by Engineer and as provided in the
GENERAL CONDITIONS.
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor
makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents
including the Addenda and other related data identified in the Bid
Documents.
B. 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, and furnishing of the Work.
C. 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.
City of Fayetteville 00500 - 5
Lake Fayetteville Trail Bridges Installation
DOCUMENT 00500 — AGREEMENT (continued)
D. Contractor has carefully studied all:
(l) 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; and
(2) reports and drawings of a Hazardous Environmental Condition, if
any, at the Site. Contractor acknowledges that The City of
Fayetteville 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.
E. Contractor has obtained and carefully studied (or assumes responsibility of
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, and furnishing of
the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Contractor and
safety precautions and programs incident thereto.
F. Contractor does not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the
performing 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.
G. Contractor is aware of the general nature of work to be performed by The
City of Fayetteville and others at the Site that relates to the Work as indicated
in the Contract Documents.
H. Contractor has correlated the information known to Contractor, information
and observations obtained from visits to the Site, reports and drawings
City of Fayetteville 00500 - 6
Lake Fayetteville Trail Bridges Installation
DOCUMENT 00500 — AGREEMENT (continued)
identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract
Documents.
I. Contractor has given Engineer written notice of all conflicts, errors,
ambiguities, or discrepancies that Contractor has discovered in the Contract
Documents and the written resolution thereof by Engineer is acceptable to
Contractor.
J. 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
7.01 CONTENTS:
A. The Contract Documents which comprise the entire Agreement between The
City of Fayetteville and Contractor concerning the Work consist of the
following and may only be amended, modified, or supplemented as provided
in the GENERAL CONDITIONS:
1. This Agreement.
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.
3. Performance, Payment, and other Bonds.
4. General Conditions.
City of Fayetteville 00500 - 7
Lake Fayetteville Trail Bridges Installation
DOCUMENT 00500 -- AGREEMENT (continued)
5. Supplementary Conditions.
6. Specifications consisting of divisions and sections as listed in table of
contents of Project Manual.
7. Drawings consisting of a cover sheet and sheets as listed in the table of
contents thereof, with each sheet bearing the following general title:
LAKE FAYETTEVILLE TRAIL BRIDGES
8. Addendum number one (1) to (3) of (3).
9. 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.
ARTICLE 8 - MISCELLANEOUS
8.01 TERMS:
A. Terms used in this Agreement which are defined in the GENERAL
CONDITIONS shall have the meanings stated in the GENERAL
CONDITIONS.
8.02 ASSIGNMENT OF CONTRACT:
A. No assignment by a party 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.
City of Fayetteville 00500 - 8
Lake Fayetteville Trail Bridges Installation
DOCUMENT 00500 — AGREEMENT (continued)
8.03 SUCCESSORS AND ASSIGNS:
A. The City of Fayetteville and Contractor each binds himself, his 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.
8.04 SEVERABILITY:
A. 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 shalt continue to be valid and binding upon The City of
Fayetteville and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
8.05 FREEDOM OF INFORMATION ACT:
A. City contracts and documents prepared while performing city contractual
work are subject to the Arkansas Freedom of Information Act. If a Freedom
of Information Act request is presented to the City of Fayetteville, the
contractor 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 photocopying costs
pursuant to the FOIA may be assessed for this compliance.
OTHER PROVISIONS: Not Applicable.
IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement
in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two
counterparts each has been delivered to The City of Fayetteville. All portions of the Contract
Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or
identified by Engineer on their behalf.
City of Fayetteville 00500 - 9
Lake Fayetteville Trail Bridges installation
DOCUMENT 00500 — AGREEMENT (continued)
This Agreement will be effective on
Effective Date of the Agreement.
DANNY ROBINSON CONSTRUCTION
Name Written: ,y VoL,a/slA/
Signature:
hich is the
CITY OF FAYETTEVILLE
Name Written: Lioneld Jorda
Signatur
r
Title: Title: Mayor
(SEAL)
OFFICIAL SEAL
-7i. ICARA D. NEES
8@IYON COUNTY
NICTIARY PURic - ARKANSAS
YY COMMISEIC.41 EXP. FEB. 1 0, 291 5
Attest
City of Fayetteville 00500 - 10
Lake Fayetteville Trail Bridges Installation
(SEAL)
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F
:FAYETTEVILLE:
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DOCUMENT 00500 — AGREEMENT (continued)
Address for giving notices Address for giving notices
14965 Wilkerson Rd. 113 W. Mountain Street
Garfield, AR 72732 Fayetteville AR, 72701
License No. 0152690310
Agent for Service of process
(If Contractor is a corporation,
attach evidence of authority to
sign.)
END OF DOCUMENT 00500
(attach evidence of authority to
sign and resolution or other documents
authorizing execution of Agreement)
Approved As to Form:
By:
Attorney For: ► dc-44-"e�{ (( c
City of Fayetteville 00500 - 1 1
Lake Fayetteville Trail Bridges Installation
• ' THE AMERICAN INSTITUTE OF ARCHITECTS
Premium Amount Based
on Final Contract Amount
Bond No. GRAR13672
AIA Document A312
Performance Bond
Any singular reference to Contractor. Surety. Owner or other party shall t>e considered dura where applicable.
CONTRACTOR (Name and Address):
DANNY ROBINSON CONSTRUCTION LLC
14965 WILKERSON RD
GARFIELD, AR 72732
OWNER (Name and Address):
CITY OF FAYETTEVILLE
113 WEST MOUNTAIN, ROOM 372
SURETY (Name and Principle Place of Business):
GRANITE RE, INC.
14001 QUAILBROOK DRIVE
OKLAHOMA CITY, OK 73134
FAYETTEVILLE, AR 72701
CONSTRUCTION CONTRACT
Date: ,
Amount: $ 91,044.00
Description (Name and Location):
INSTALLATION OF 140 LF AND 35 LF TWO PREFABRICATED BRIDGE, INCLUDING FOUNDATION AND
ABUTMENT CONSTRUCTION, BRIDGE DECK & APPROACH SLABS & MISC. ITEMS
BOND
Date (Not earlier than Construction Contract Date):
Amount: $ 91,044.00
Modifications to this Bond:
[X] None
CONTRACTOR AS PRINCIPAL SURETY
COMPANY: - . (Corporate Seal) COMPANY:
(VSTRUCTION LLC
DANNY ROBINSON
Signature:
Name and Title:
(Any additional signatures appear on page 3)
GRANITE RE, INC
Signatvg:
Name and
Kimberly L.
1j See Page 3
(Corporate al)
1194„..--"
abb , Attomey-in-Fact
FOR INFORMATION ONLY -Name, Address and Telephone OWNERS REPRESENTATIVE (Architect,
AGENT OR BROKER: or Engineer or other party):
Babb Bonding, Inc
P.O. Box 6255
Sherwood, AR 72124
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701, ??, ??
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA o
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20966
THIRD PRINTING - MARCH 1987
A 312-1984 1
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 conferences 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 Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owners 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 de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
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 accor-
dance with the terms of the contract with the Owner.
4. When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense 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 Construc-
tion Contract itself, through its agents or through inde-
pendent 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 Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owners 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 ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
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 refuses 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 Subparagraph 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 Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7. The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction 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.
8. The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
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 two years after Contractor
Default or within two years after the Contractor ceased
working or within two years aftter the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
4.4 Waive its rights to perform and complete, arrange curs first. If the provisions of this Paragraph are void or
for completion, or obtain a new contractor and with prohibited by law, the minimum period of limitation avail -
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA o A 312-1984 2
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20008
THIRD PRINTING - MARCH 1987
aote to sureties as a aetense in the lurlsalction 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 sig-
nature 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 deemed deleted herefrom and provisions con-
forming 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 Con -
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor or any amounts received or to oe received ny
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form 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 Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
DANNY ROBINSON CONSTRUCTION LLC
GRANITE RE, INC.
Signature:
Address:
SURETY
Company:
Signatur
Address:
(Corporate Seal)
Ki • berly L. Ba
ey-in-Fact
Name and Title:
AIA DOCUMENT A312 PERFORMANE BOND AN PAYMENT BOND DECEMBER 1984 3D., MA O
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008
THIRD PRINTING • MARCH 1487
A312-1984 3
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
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 hereinbelow defined, in the
amount of Dollars
($ ), 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 , 20, entered into a contract with
Owner for Lake Fayetteville Trail Bridges Installation 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 make payment to all claimants as hereinafter defined, for ail labor and materia] used or
City of Fayetteville 00611 - 1
Lake Fayetteville Trail Bridges Installation
DOCUMENT 00611 — LABOR AND MATERIAL PAYMENT BOND: (continued)
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 suit or action shall be commenced hereunder by any claimant:
1. 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 party 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.
2. After the expiration of one year following the date on which Contractor ceased Work
on the Contract, it being understood, however, that if any licnitation embodied in this
City of Fayetteville 00611 - 2
Lake Fayetteville Trail Bridges Installation
DOCUMENT 00611-- LABOR AND MATERIAL PAYMENT BOND: (continued)
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
permitted by such Law.
3. Other than in a state court of competent jurisdiction 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.
Signed and sealed this day of 20_
CONTRACTOR (CORPORATE SEAL)
By
SURETY COUNTERSIGNED: Resident Agent
City of Fayetteville 00611 - 3
Lake Fayetteville Trail Bridges Installation
State of Arkansas
DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued)
ATTORNEY-IN-FACT (CORPORATE SEAL)
(This Bond shall be accompanied with
Attorney -in -Fact's authority from Surety)
Approved as to Form:
Attorney for
END OF DOCUMENT 00611
City of Fayetteville 00611 - 4
Lake Fayetteville Trail Bridges Installation
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. GRAR13672
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party snarl be considered plural where applicable.
CONTRACTOR (Name and Address):
DANNY ROBINSON CONSTRUCTION LLC
14965 WILKERSON RD
GARFIELD, AR 72732
OWNER (Name and Address):
CITY OF FAYETTEVILLE
113 WEST MOUNTAIN, ROOM 372
SURETY (Name and Principle Place of Business):
GRANITE RE, INC.
14001 QUAILBROOK DRIVE
OKLAHOMA CITY, OK 73134
FAYETTEVILLE, AR 72701
CONSTRUCTION CONTRACT
Date: ,
Amount: $ 91,044.00
Description (Name and Location):
INSTALLATION OF 140 LF AND 35 LF TWO PREFABRICATED BRIDGE, INCLUDING FOUNDATION AND
ABUTMENT CONSTRUCTION, BRIDGE DECK & APPROACH SLABS & MISC. ITEMS
BOND
Date (Not earlier than Construction Contract Date):
Amount: $ 91,044.00
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
COMPANY
DANNY ROBINSON
Signature:
Name and
(Corporate Seal)
iS T RUCTION LLC
None
(Any additional signatures appear on page 6)
SURETY
See Page 6 XX
COMPANY: (Corpor. e S- -t
GRANITE RE, IN
Signatu
Name and Title:
Kimberly L. Babb, Attorney -in -Fact
FOR INFORMATION ONLY -Name, Address and Telephone
AGENT OR BROKER:
Babb Bonding, Inc
P.O. Box 6255
Sherwood, AR 72124
OWNER'S REPRESENTATIVE (Architect,
Engineer or other party):
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701, ??, ??
ALA DOCUMENT A312 PERFORMANCE BONG AND PAYMENT BOND DECEMBER 1984 ED., MAO
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 4
1. ,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 perfor-
mance of the Construction Contract, which is incorpo-
rated 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 claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials, or equipment fur-
nished 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,
liens, or suits and tendered defense of such claims,
demands, liens 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 pay-
ment, directly or indirectly, for all sums due.
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 addres 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 Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last fumished 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 no-
tice 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.
6. When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7. 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. Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance 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 prior-
ity to use the funds for the completion of the work.
9. The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10. 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.
11. No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction 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 anyone or the last mate-
rials or equipment were fumished by anyone under the Con-
struction 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.
12. 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.
13. 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 con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
5. If a notice required by Paragraph 4 is gven by the Owner to
the Contractor or to the Surety, that is sufficient compliance.
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIAO
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING - MARCH 1987
A312-1984 5
Bond shall be construed as a statutory bond and not as a
common. law bond.
14. 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.
15. DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion 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
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision:
Within a reasonable time (1) after the claimant has satisfied the conditions of Paragraph 4 and (2) 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 amounts. 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.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
DANNY ROBINSON CONSTRUCTION LLC GRANITE RE, INC.
Signature: Signature:
Name and Title: Name and Title:
Address: 14965 WILKERSON RD Address:
GARFIELD, AR 72732
C. porate Seal)
utterly . Babb, ' orney-in-Fact
14001 QUAILBRSOK DRIVE
OKLAHOMA CITY, OK 73134
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIAO
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING - MARCH 1987
A312-1984 6
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:
KIMBERLY L. BABB, J. ALAN ROGERS, MIKI J. ROGERS 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:
Hai
KIMBERLY L. BABB, J. ALAN ROGERS, MIKI J. ROGERS 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 29th day of June, 2007.
1
1
1
1
STATE OF OKLAHOMA )
5S:
COUNTY OF OKLAHOMA )
Kenneth D. Whittin on, President
Rodman A. Frates, Secretary/Treasurer
On this 29`h day of June, 2007, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and
Rodman A. Frates, SecretaryfTreasurer 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 Rodman A. Frates were respectively the President and the Secretary/Treasurer of
the 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:
May 9, 2012
Commission #: 00005708
Notary Publi
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."
IN6pSS WHE 1 F, the u 'dersigned hasj bscribed this Certificate and affixed the corporate seal of the Corporation this
day of � , 20 /.
GRO800-1
odman A. Frates, Secretary/Treasurer
- 10/06/2009 23:33
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1
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1
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4797560177
JBIAGENCYINC PAGE 01
4LCORD CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYWYI
10/6/2009
PRODUCER
JOE BROM INSURANCE AGENCY, INC.
1177 West Sunset #4
Springdale, AR 72764
(479) 756-6799
INSURED
DANNY ROBINSON CONSTRUCTION,LLC
14965 WILISERSON RD
GARFIELD, AR. 72732
COVERAGES
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED PY THE POLICIES J,UELOW.
INSURERS AFFORDING COVERAGE
INSURER A TRAVELERS
NAIC O
INSURER D WESTERN HERTIAGE
INSURrP C. PROGRESSIVE
INSURER
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
MAY PERTAIN, THE INSURANCE AFFORDED BY TirE POLICIES DESCRIBED HEREIN
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NAMED ABOVE
DOCUMENT WITH RESPECT
IS SUBJECT TO
POLICY EFFIs�T(11F-OILC
um I U 1
FOR THE POLICY
TO WHICH
ALL THE TERMS,
tXPIRATIVN
D_ATElAwCIVYY)
09/22/10
PERIOD INDICATED, NOTWITHSTANDING
THIS CERTIFICATE LMY
EXCLUSIONS AND CONDITIONS
LIMITS
91.04 OCCURRFNC9
BE ISSUE'S OR
OF SUCH
3 1 , 000, 000
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POLICY NUMBER
B
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GENERAL
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LIABILITY
COMMERCIAL GENERAL L#ABILITY
TBA 692256
09/22/09
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PRFMI9ES,IEa CCCuroM1GO)
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�GEN L AGGREGATE LIMIT APPLIEJS PER:
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2 000. 000
AUTOMOBILELIABILiTY
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SCHEDULED AUTOS
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NON -OWNED AUTOS
05481712
09/25/09
09/25/10
COMBINED$INGI.EI.IMTT
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(Par person}
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SPECIAL PROVISIONS Onlay
6KUB-9871M09-8-09
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08/06/10
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OTHER
RATIONS / LOCATIONS /VEHICLES 1 EXCLUSIONS ADDED BY ENDOR$EVIENTI BPECIALPROVES ONS
CERTIFICATE HOLDER
CANCELLATION
}
CITY OF FAYETTEVI LLE
113 W. MOUNTAIN
FAYETTEVI LLE , AR. lwvai
V
ACORD25(2001108)
SHOULD ANY OF TNG ABOVE DESCRIBED POLICIES RE CANCELLED BEFORE THE ExPIRATION
DATE, THEREOF. TME ISSUING INSURER WILL ENDEAVOR TO MAIL 30 GAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 S0 SHALL
IMPOSE NO OBLIGATION OR LrABILITV OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES
AUTHORIZED REPRE ATIVG
�7ACORD CORPORATION 1888
10/06/2969 23:33 4797569177
JBIAGENCYINC PAGE 02
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
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).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insu rer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend.
extend oratterthe coverage afforded by the policies listed thereon.
ACORD 25 (2009101)