HomeMy WebLinkAbout09-06 RESOLUTIONRESOLUTION NO. 09-06
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
TO GARNEY CONSTRUCTION, INC. IN THE AMOUNT OF
$4,582,536.60 FOR CONSTRUCTION OF THE FORCE MAINS
FROM HAMESTRING LIFT STATION TO THE WEST SIDE
WWTP (WL -5); AND APPROVING A 4% CONTINGENCY OF
$183,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE, CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby awards a construction contract to Garney Construction, Inc. in the
amount of $4,582,536 60 for construction of the force mains from Hamestring Lift
Station to the West Side WWTP (WL -5). 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 4% contingency of $183,000.00.
PASSED and APPROVED this 3rd day of January, 2006.
ATTEST.
By:
�„�mmip�n, ,
s, • SG
\.:
DOCUMENT 00500 - AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Project Name: Wastewater System Improvement Project
Contract Name: Hamestring Lift Station to Wastewater Treatment Plant Force Mains
Contract No.: WL -5
RLF Project No.: CS -0500803-03
THIS AGREEMENT is dated as of the 3 rd day of Jan ua r y in the year 2006 by and
between City of Fayetteville (hereinafter called Owner) and Garrey Companies Inc. (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 is generally described as follows:
Construction of approximately 10,883 linear feet of 30 -inch diameter force main,
10,857 linear feet of 24 -inch diameter force main, 154 linear feet of 48 -inch dry bore
and jack, 155 linear feet of 42 -inch dry bore and jack, fittings, joint restraints, and
related work, in the western part of Fayetteville, Arkansas.
1.02 The Contract for which the Work under the Contract Documents may be the whole or
only a part is generally described as follows:
The City of Fayetteville, Arkansas is undertaking a project to redirect sewer flows
from portions of the City in the Illinois River drainage basin to a new wastewater
treatment plant on the west side of the City and upgrade sewers in the City which are
in the White River drainage basin and upgrade the existing wastewater treatment
plant on the east side of the City. The project is known as the Wastewater System
Itnprovement Project and includes, but may not be limited to, four areas of
improvements as follows:
00500 -Agreement Form -WL -5 00500— 1
DOCUMENT 00500 — AGREEMENT (continued)
1. Westside Wastewater Treatment Plant.'
2. Westside Collection System Improvements.
3. Paul R. Noland Wastewater Treatment Plant Improvements.
4. Eastside Collection System Improvements.
ARTICLE 2 - ENGINEER
r
2.01 The Project has been designed by RJN Group, Inc., 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:
9
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.
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A. The Work will be Substantially Completed within 280 calendar days after the
date when the Contract Times commence to run as provided in the
GENERAL CONDITIONS. Substantial completion shall mean all line work
and manholes installed and tested according to the specifications outlined in
Division 02, all surface restoration completed including but not limited to
disturbed wetlands, fences, pavement, etc. The project shall be completed
and ready for final payment in accordance with the GENERAL
CONDITIONS within 310 consecutive calendar days after the date when the
Contract Times commence to run.
00500-Apreemrnt Fnrm_wt -S 06500 — 7
DOCUMENT 00500 — AGREEMENT (continued)
3.03 LIQUIDATED DAMAGES
A. Owner and Contractor recognize that time is of the essence of this
Agreement and that Owner 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 Owner if the Work is not Substantially Completed on time.
Accordingly, instead of requiring any such proof, Owner and Contractor
agree that as liquidated damages for delay (but not as a penalty) Contractor
shall pay Owner One Thousand Dollars ($1,000.00) for each calendar day
that expires after the lime 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
Owner, Contractor shall pay Owner One Thousand Dollars ($1,000.00) for
each calendar day that expires after the time specified for completion and
readiness for final payment.
ARTICLE 4 - CONTRACT PRICE
4.01 The OWNER agree 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 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
measurements and determinations of actual quantities and classifications are to be
made by ENGINEER as provided in the General Conditions.
00500 -Agreement Form -WL -5 00500-3
•
DOCUMENT 00500 — AGREEMENT (continued)
4.03 Owner shall pay Contractor for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs below:
For all Work, al the prices stated in Contractors Bid, attached hereto as an
Exhibit.
ARTICLE 5 - PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
Contractor shall submit Applications for Payment in accordance with the
GENERAL CONDITIONS. Applications for Payment will be processed by
Owner as provided in the GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS, RETAINAGE:
Owner shall make progress payments on account of the Contract Price on the
basis of Contractor's Applications for Payment as recommended by Engineer,
on or about the 201h 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.
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 less such
amounts as Engineer shall determine, or Owner 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 Owner and Engineer, Owner on recommendation of Engineer
DOCUMENT 00500 - AGREEMENT (continued).
may determine that as long as the character and progress of the
Work subsequently remain satisfactory to them a 5 percent
retainage will be withheld on the remaining progress payments
prior lo Substantial Completion; and
b. 100% of Equipment and Materials not incorporated in the Work
but delivered, suitably stored, and accompanied by
documentation satisfactory to Owner as provided in the
GENERAL CONDITIONS.
Upon Substantial Completion, Owner 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 Owner may withhold, in accordance with the
GENERAL CONDITIONS.
5.03 FINAL PAYMENT:
Upon final completion and acceptance of the Work in accordance with the
GENERAL CONDITIONS, Owner shall pay the remainder of the Contract
Price as recommended by Engineer and as provided in the GENERAL
CONDITIONS.
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
6.01 In order to induce Owner 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.
DOCUMENT 00500 — AGREEMENT (continued)
C. Contractor is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, perfomtance, and
furnishing of the Work.
Contractor has carefully studied all:
(1)
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 Owner and Engineer
do not assume responsibility for the accuracy or completeness of
information and data shown or indicated in the Contract Documents
with respect to Underground Facilities at or contiguous to the Site.
Contractor has obtained and carefully studied (or assumes responsibility 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 tenns and conditions of the
Contract Documents.
Contractor is aware of the general nature of work to be performed by Owner
and others at the Site that relates to the Work as indicated in the Contract
Documents.
DOCUMENT 00500 — AGREEMENT (continued)
H. Contractor has correlated the information known to Contractor, information
and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract
Documents.
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.
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:
The Contract Documents which comprise the entire Agreement between
Owner and Contractor concerning the Work -consist of the following and may
only be amended, modified, or supplemented as provided in the GENERAL
CONDITIONS:
This Agreement.
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.
d. Contractors Act of Assurance Form.
DOCUMENT 00500—AGREEMENT (continued)
3. Performance, Payment, and other Bonds.
4. General Conditions.
5. MBE / WBE Compliance Evaluation Form.
6. Supplementary Conditions.
7. Labor -Related Regulations.
Specifications consisting of divisions and sections as listed in table
of contents of Project Manual.
Drawings consisting of a cover sheet and sheets as listed in the table
of contents thereof, with each sheet bearing the following general
title:
Bamestring to Wastewater Treatment Plant Force Mains, Contract
WL -5
10. Addenda numbers 1 to 3 , inclusive.
11. The following which may be delivered or issued after the Effective.
Date of the Agreement and are not attached hereto: All Written
Amendments and other documents amending, modifying, or
supplementing the Contract Documents pursuant to the GENERAL
CONDITIONS.
ARTICLE 8 - MISCELLANEOUS
8.01 TERMS:
Terms used in this Agreement which are defined in the GENERAL
CONDITIONS shall have the meanings stated in the GENERAL
CONDITIONS.
DOCUMENT 00500 - AGREEMENT (continued)
8.02 ASSIGNMENT OF CONTRACT:
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.
8:03` ": SUCCESSORS AND ASSIGNS:
Owner and Contractor each binds himself, his partners, successors, assigns,
and legal representatives to the other party hereto, its partners, successors,
;roti•: ;O
assigns, and legal representatives in respectio a1I_covenants, agreements, and
obligations contained in the ConiractbocumerilsY31^
8.04 SEVERABILITY:
Any provision or part of the Contract Documents held to be void or
unenforceable underany Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon Owner 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 OTHER PROVISIONS: Not Applicable.
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in quadruplicate.
One counterpart each has been delivered to Owner, Contractor, and Engineer. All portions of the
Contract Documents have been sinned, initialed, or identified by Owner and Contractor.
DOCUMENT 00500 — AGREEMENT (continued)
This Agreement will be effective on __A
Effective Date of the Agreement. "7
CONTRACTOR Gamey Companies Inc.
By:
Title: MOP!TIE TRIPP PRESIDENT
Attest
Address for giving na&hen M. McCandless
Corp. Secretary
(SEAL)
GARNEY COMPANIES, INC.
las i N.W. VIVION HOAD
KANSAS CITY, MISSOURI 64118
License No. 003.2//0300,
Agent for Service of processs�
( gatSiOn LOM/
q/7 %or,"f/ Si
LW(/a�C /7R 7.l?O/
(If Contractor is a corporation,
attach evidence of authority to
sign.)
3
, 2006, which is the
OWNER City of Fayetteville
Fa ettevill
By:
Title: Ma
ansas
Attest
(SEAL)
n n bryllrl''
TR
V OF evp
Ec3 • t
:FAYETTEVILLE:
:ti S
'1l uu Wllllll ,• �.`
Address for giving notices
(If Owner is a public body, attach
evidence of authority to
sign and resolution or other documents
authorizing execution of Agreement)
Approved As to Form:
By:
Attorney For: City of Fayetteville
END OF DOCUMENT 00500
David Jurgens
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
3 -Jan -05 0 C
City Council Meeting Date
Water/Wastewater
Division
Action Required:
09-44
./607,145
Water/Wastewater
Department
Approval of a construction contract with Garney Construction, Inc, as approved by the Sewer Committee, in the
amount of $4,582,536.60, for construction of the Force Mains from Hamestring Lift Station to the West Side WWTP,
WL -5, and approve a 4% contingency of $183,000.00. Funds are available in Fiscal Year 2005 and 2006 WSIP
budget.
$4,765,536.60
Cost of this request
4480-9480-5315.00
Account Number
02133.0302
Project Number
Budgeted Item
XX
113,011,587.00
Category/Project Budget
85, 742, 915.94
Funds Used to Date
27,268,671.06
Remaining Balance
Budget Adjustment Attached
Wastewater System Imp Protect
Program Category / Project Name
Water and Wastewater
Program / Project Category Name
UAs.sa.hw TA*. e.Nsrwana1
Water/Sewer
Fund Name
Depart Director
City Attorney
11Qee
Date
rnJ�nt/L �— /06/2041'
Finance and Internal Service Director
Mayor
!Comments:
6/itiffJs
Dat
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Numb
Received in Mayor s Office
City Council Meeting of January 3, 2006
CITY COUNCIL AGENDA MEMO
To: Fayetteville City Council
Thru: Mayor Dan Coody
From: Fayetteville Sewer Committee
David Jurgens, Water/Wastewater Director
Date: December 16, 2005
Subject. Approval of a construction contract with Garney Construction, Inc, as approved by the
Sewer Committee, in the amount of $4,582,536.60, for construction of the Force Mains from
Hamestring Lift Station to the West Side WWTP, WL -5, and approve a 4% contingency of
$183,000.00. Funds are available in Fiscal Year 2005 WSIP budget.
RECOMMENDATION
Fayetteville Sewer Committee and City Administration recommend approval of a construction
contract with Gamey Construction, Inc., in the amount of $4,582,536.60, for construction of the
Force Mains from Hamestring Lift Station to the West Side WWTP, project WL -5, and approve a
4% contingency of $183,000.00.
BACKGROUND
The City received four bids for this project, as follows:
Gamey Const $ 4,582,536.60
Kraus Const 5,617,699.00
W. N. Couch Const 5,633,185.50
T -G Excavating 5,777,777.00
Engineer's Estimate $ 7,144,276.00
The project entails installing 21,740 feet of 24 and 30 inch parallel force mains from the Hamestring
Lift Station site to the West side WWTP.
DISCUSSION
The bid has been reviewed by RJN Group, the Engineer, and the Arkansas Department of Natural
Resources. Both recommend award of this bid in the attached letters.
Gamey is an excellent contractor. They were one of five that passed the vetting process and was
interviewed for the West Side WWTP construction. They have completed several projects for the
City, installing the City's 42" water transmission line from the Beaver Water District (BWD) to
Fayetteville, a $2 million sanitary sewer rehabilitation project, and several others. All of these
projects were completed very well. They have very recently completed several projects for BWD.
BUDGET IMPACT
Funds are available in Fiscal Year 2005 budget. This contract is expected to be funded by an RLF
loan.
RESOLUTION NO.
A RESOLUTION AWARDING. A CONSTRUCTION CONTRACT
TO GARNEY CONSTRUCTION, INC. IN THE AMOUNT OF
$4,582,536.60 FOR CONSTRUCTION OF THE FORCE MAINS
FROM HAMESTRING LIFT STATION TO THE WEST SIDE
WWTP (WL -5); AND APPROVING A 4% CONTINGENCY OF
$183,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby awards a construction contract to Garney Construction, Inc. in the
amount of $4,582,536.60 for construction of the force mains from Hamestring Lift
Station to the West Side WWTP (WL -5). 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,Alkan'sas
hereby approves a 4% contingency of $183,000.00.
PASSED and APPROVED this 3'd day of Januar
APPROVED:
brBy
DANT ICOODY, Mayor
SONDRA'SMIT! i, Cit :7c te
1)
Arkansas Natural
Resources Commission
1 Randy Young, PE 101 East Capitol, Suite 350 Phone: (501) 682-1611 Mike Huckabee
Executive Director Little Rock, Arkansas 72201 Fax: (501) 682-3991 Governor
http://www.anrc.arkansas.gov/ E-mail: anrc@arkansas.gov
•
16 December 2005
David Jurgens, P E
Water and Wastewater Director
City of Fayetteville
1 13 West Mountain
Fayetteville, AR 72701
Re: Concurrence in Bid Tabs - Project WL -5
CWRLF -00183- CWRLF-I.,
Dear Mr. Jurgens:
The bid tabulations and recommendation from your staff has been reviewed by ASWCC staff. The award
of the construction contracts as set out below is approved_
Sewer System Improvements Bid Amount
Gamey Construction 54,582,536.60
The City of Fayetteville may now proceed with formalizing the contracts. Please be advised that the
insurance and bonding for the projects must be accomplished through companies and agents licensed
through the Arkansas State Insurance Department.
A copy of the contract, or at a minimum, copies of the respective insurance and bonding documents for
the contract should be forwarded to ASWCC for review and approval prior to the formal contract signing
and the preconstruction conference. The preconstruction conference and contract signing will be
scheduled at a time which is mutually agreeable to all parties. Work orders may be issued at the
conference.
If you have any questions or concems, Mr. Scott Savoy, Project Administrator, may be contacted at 501-
682-0279. Alternatively, you may contact Mr. Michael Core, P.E., Project Engineer, at 501-682-0556.
Sincerely,
cc: Thomas A. Harris, P.E-, RJN Group
P
r� n group
Excellence through Ow rs ip
November 18, 2005
Mr. Dave Jurgens, P E
City of Fayetteville
Director Water and Wastewater
113 West Mountain Street
Fayetteville, AR 72701
Subject: Fayetteville Westside Wastewater Improvements - WL -5
RJN#18187500
Dear Mr. Jurgens:
www.gn.com
"V 2 2 2005
RJN has reviewed and processed the Contractor Bids for the above referenced project. All bids
are correct as submitted by each contractor. Garrey Companies, Inc. is certified to be the low
bidder with a total bid amount of four million five hundred eighty-two thousand five hundred
thirty-six dollars and sixty cents ($ 4,582,536.60).
RJN has checked references supplied by Garney Companies, Inc All references checked have
stated that Gamey's work has been excellent, completed on time, and they make an extra effort to
insure that effected property owners are kept informed and appeased. Gamey Companies has
completed projects with a total cost of over $30 Million, and has completed more than 10
projects within the past three years that exceed $7 Million.
RJN recommends that the contract for WL -5 in the amount of $ 4,582,536.60 be awarded to the
low bidder, Garney Companies, Inc. Attached are the documents submitted by Gamey that
demonstrate a good faith effort to utilize MBE/WBE firms, the required bonds, and insurance
certificate.
Should you have any further questions, please call me at (972) 437-4300.
RJN Group, Inc.
Thomas A Harris, P E
Senior Project Manager
Attachments: Bid Tabulation
Bonds
MBE/WBE Documentation
Insurance Certificate
file
xc:
26 East Meadow #8 • Fayetteville, AR 72701 • 479.444.6119 • fax 479.444.6119
Garnei
I00% Employee Owned
1333 NW Vivion Road
Kansas City, MO 64118
Phone: (816) 741-4600
Fax: (816) 741-4488
TO: RJN Group, Inc.
26 E. Meadow, Suite 8
Fayetteville, AR 72701
WE ARE SENDING YOU: X Attached
LETTER OF TRANSMITTAL
DATE: 11/21/05 JOB NO.: 2811
ATTENTION: Tom Harris
RE: Contract No WL -5
Hamestring Lift Station to Wastewater
Treatment Plant Force Mains
RLF Project Number CS -050803-03
Under separate cover via
the following items:
Copies
Number
Description
5
Contract and Bonds #058632452
5
Insurance Certificates
THESE ARE TRANSMITTED AS CHECKED BELOW:
x
For Approval
For Your Use
As Requested
For Review
REMARKS
Approved as Submitted
Approved as Noted
Approved as Corrected
Retumed for Corrections
Not Approved
Resubmit
Revise and Resubmit URetum
n Retum
copies for approval
corrected submittals
corrected submittals
COPY TO:
Job File
Signed:
TPMISMITTAI vlc
Montle Tripp
President
r
DOCUMENT 00610 — PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
Gamey Companies, Inc.
1333 NW Vivton Road
Kansas City MO 64118
as Principal, hereinafter called Contractor, and
(800)331-6053
Western Surety Company
PO Box 5077
Sioux Falls, SD 57117-5077
BOND NO. O5Ste3 J 461
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
Four Million Five Hundred Eighty -Two
Thousand Five Hundred Thirty -Six Dollars and
Sixty Cents, ($4,582,536.60)
as Obligee, hereinafter called Owner, in the amount of_ Dollars
($ ), for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, principal has submitted a Bid for Fayetteville Wastewater System Improvements Project,
Hamestring Lifl Station to Wastewater Treatment Plant Force Mains, Contract WL -5:
WHEREAS, Contractor has by written Agreement dated , 2005, entered into a contract with
Owner for construction of Wastewater System Improvement Protect , Hamestring Lift Station to
Wastewater Treatment Plant Force Mains, WL 5 which contract is by reference made apart hereof, and.
is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall
promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it
shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
DOCUMENT 00610 — PERFORMANCE BOND (continued)
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner
having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall
promptly:
A. Complete the Contract in accordance with its terms and conditions, or
B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects,
upon determination by the Owner and the Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and Owner, and make available as Work
progresses (even though there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the Contract Price; but not exceeding, including other
costs and damages for which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph,
shall mean the total amount payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this Bond must be instituted before the expiration of two years from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the
Owner named herein or the heirs, executors, administrators, or successors of the Owner.
Signed and sealed this day of 2005.
CONTRACTOR (CORPORATE SEAL)
GARNEY COMPANIES, INC
By 77e -it'
MONTIE TRIPP, P cSIDENT
DOCUMENT 00610 - PERFORMANCE BOND (continued)
SURETY COUNT FAWNED. Resident Agent
State of Arkansas
C.,/10 a OAT
WESTERN SURETY COMPANY
By Sot. lilac,
Barbara A. Miller Attorney -in -Fact
By
Countersigned by.
Carolyn A Cory, Arkansas Resident Agent
ATTORNEY -TN -FACT (CORPORATE SEAL)
BaroaraA. Miller
Attorney -in -Fact
(This Bond shall be accompanied with
Attomey-in-Fact's authority from Surety)
END OF DOCUMENT 00610
Approved as to Form:
Attomey for