HomeMy WebLinkAboutSUPPLEMENTAL AGREEMENT BETWEEN AUGUSTA, GEORGIA AND SOUTHERN SERVICES FOR SANITARY SEWER CONNECTION SERVICE 4 � .
This SUMPLEMENTAL AGREEMENT,made on the 0' day of_ L 1. ,20 167,to the
AGREEMENT, made on the 7th day of JANUARY,2016
by and between
AUGUSTA, GEORGIA,BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY
COMMISSION,party of the first part,hereinafter called the OWNER, and SOUTHERN SERVICES,
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH,that the Contractor and the Owner, for the considerations hereinafter named,
agree as follows:
ARTICLE I- SCOPE OF THE WORK-
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor
necessary, and to perform all of the work shown on the plans and described in the specifications for the
project entitled:
SANITARY SEWER CONNECTION SERVICE—PHASE 1 —GROUP 3—TASK ORDER 1
and in accordance with the requirements and provisions of the Contract Documents as defined in the General
and Special Conditions hereto attached, which are hereby made a part of this agreement.
ARTICLE II- TIME OF COMPLETION
The work to be performed under this Contract shall be commenced within 5 calendar days after the
date of written notice by the Owner to proceed.All work shall be substantially completed within 49 calendar
days with all such extensions of time as are provided for in the General Conditions. Substantial completion
shall be defined as all lots awarded connected to the city sewer system, all septic tanks abandoned. Final
completion shall be 9 days after substantial completion. Final completion shall be defined as a
representative of each property has signed off on the completeness and acceptance of work,example included.
It is hereby understood and mutually agreed,by and between the Contractor and the Owner,that the
date of beginning, rate of progress and the time for completion of the work to be done hereunder are
ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly,
diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time
specified.It is expressly understood and agreed by and between the Contractor and the Owner,that the time for
completion of the work described herein is a reasonable time for completion of the same, taking into
consideration the average climatic range and construction conditions prevailing in this locality.
1iPage SSCPGroup3
ARTICLE III—PAYMENT
(A)The Contract Sum
The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the
BID FORM and Schedule of Items. No variations shall be made in the amount except as set forth in the
specifications attached hereto.
(B) Progress Payment
On no later than the fifth day of every month,the Contractor shall submit to the Owner's Engineer an
estimate covering the percentage of the total amount of the Contract which has been completed from the start
of the job up to and including the last working day of the preceding month, together with such supporting
evidence as may be required by the Owner and/or the Engineer.This estimate shall include only the quantities
in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the
invoice for payment,the Owner shall after deducting previous payments made,pay to the Contractor 90%of
the amount of the estimate on units accepted in place.The 10%retained percentage may be held by the Owner
until the final completion and acceptance of all work under the Contract.
ARTICLE IV-ACCEPTANCE AND FINAL PAYMENT
(A) Upon receipt of written notice that the work is ready for final inspection acceptance,the Engineer shall
within 10 days made such inspection, and when he finds the work acceptable under the Contract and the
Contract fully performed,he will promptly issue a final certificate,over his own signature,stating that the work
required by this Contract has been completed and is accepted by him under the terms and conditions thereof.
The contract shall then submittal a final payment request for the entire balance found to be due the Contractor
including the retained percentage. This payment shall be paid to the Contractor by the Owner within 30 days
after the date of the receipt of the final payment request.
(B) Before final payment is due,the Contractor shall submit evidence satisfactory to the Engineer that all
payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of
disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases
where such payment has not already been guaranteed by surety bond.
(C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner,
other than those arising from unsettled liens,from faulty work appearing within 12 months after final payment,
from requirements of the specifications,or from manufacturer's guarantees.It shall also constitute a waiver of
all claims by the Contractor except those previously made and still unsettled.
(D) If after the work has been substantially completed, full completion thereof is materially delayed
through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the
Engineer,and without terminating the Contract,make payment of the balance due for that portion of the work
fully completed and accepted.
Each payment shall be made under the terms and conditions governing final payment,except that it shall not
constitute a waiver of claims.
2IPage SSCP Group 3
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in three(3)counterparts,
each of which shall be deemed an original, in the year and day first mentioned above.
OWNER: AUGUSTA, GEORGIA
li
I, .\i e"..�....•,,o�r SEAL
r - Of '4. #0 By: 7176`11/4-1. i� /; •e .
0.4
4 :9 4;,;:*;
NVIIiite The Honorable Hardie Davis,Jr. ,:it.;;-.7,,
{ a , i
4
��' �,
Mayor . C 1'c o' •- (' ifi• i .n
ii �,,� �� a
Date: r Date. ,: ae 1 • I �,
APPROVED AS TO FORM: DEPARTMENT APPROVAL: i
By: /f /i1//4/ J/ BY:��-0-h.� w
Thomas D. Wiedmeier
Attorney Director, Augusta Utilities Department
Date: 7/04 Date: 'l(cetao
CONTRACTOR:
III
10
ATTEST: SEAL
Ilk \
_....A AL, I B c(2/4.4,4„61,4)
Name: a ,t, i., f t , - ..e„4„1, 1 i Name:
Title: p DI
1\4. Titl THERESA C CHAIRSri' 1 j N, c•SUN of Georgie
Date: 1 - if-) if Date• nd County
y Commission Expires Deo 15.2019
3IPage SSCPGroup3
PREMIUM BASED ON
FINAL CONTRACT PRICE
pERFoRmANcs:BONDBOND NO. SB 0608822
(NOIE: TIES BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE 6,
IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR
A MATERIAL.)
KNOW ALL MEN BY THESE PRENSENTS:
That George E.Petrea,Jr.,Inc.dba Southern Services as principal, :herein called
contractor,and Pennsylvania National Mutual Insurance Company ,aco potation organized andexisting under the
laws ofthe State of Pennsylvania with its principal office in the City of Harrisburg :State
of Pennsylvania as Surety,hereinafter called Surety,are held and firmly bound unto AUGUSTA,
GEORGIA BY AND THROUG Hui THred E Fifteen Thousand AUGUSTA COMMISSION as Obligee,herein aftercalled the
One ndght
�',intim phial amount H undred Five&No/100 Dollars(5115,805.00 )for the payment whereof
Contractor and Surety bind themselves,their heirs,executors,administrators,successors,and assigns,jointly
and severally,firmly by these presetis for the fitful perf.ormance of a certain written agrement.
WHEREAS,Contract has by said written agreement dated Jaty g,2016 entered in to a contract
with Owner for the Sanitary Sewer Connection Services Task tiler Program in accordance with the
drawings and specifications issued by the AUtilities Department and the Augusta-Richmond County
Commission, which contract is by reference made a pert hereof, and is hereinafter referred to as the
Ct NTR ACT.
NOW,THEREFORE,the condition of this obligation is such that,if Contractor shall promptly and faithfully
perform said CONTRACT,then this obligation shall be mill and void;otherwise it shall remain in full force
and int.
The Surety luseby waives notice of anny alteration or extension of time made by the genet.
4 Papa SSP Phase 1
Group 3
'Whenever Contractor shall be, and declared by Owner to be in default under the
CCtNTRACF, the Owner having perfonned s otdigations thereunder, the Surety may
p:onnptiy remedy the defer or shall pn fly
(1) Complete the CONTRACT in accordance with its teerlrts anti conditions,or
(2) Obtain a toad or gids far complethig the tin accordance with its texas as
codifiers,and upon detern motion by Surety of the lowest responsible bidder,or,if the
Owner elects, upon detennhcin by the Owner and the Suety jointly of the lowest
responstIde bidder, arrange for a.contract between such bidder and Owner, and make
available as Work progresses(even though there should be a default a successimn of
defaults under the canard or contracts of completion arranged under this paragraph)
sufficient finds firnds to pay thecost of completiortless the balance ofthe 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 ptragrapit hereof.The term`chalarice of the
contrite prig"asused in this paragraph,shall meetxtbs tot amount payable by Ovnutrto
Contradorttnder ihe Contract and any an anterxintatts thereto,less the amount properly paid
try Owner to Cractcn
Hwy suit under this bond must be instituted before the expiration.oft (2)years frit the date on which final
lasantnatt under the CO] CT ffiilsdue.
Ido right Of 4Otiort shall on this bond to or for the use of any person or corporation other than the
Owner named herein or theheirs,executors,athrtinistraten or successors oft the Owner.
!Opted and sealed this 'lith day of .full► A.D.2 96..
,g� \t\ George E.Petrea,Jr.,Inc.
witness *l ( , dba Southern Servic�.► (Seal)
\ (Co `
= Attest _ did l H �. At .�+.
George E.Peirea,Jr. Tom}President
Pennsylvania National Mutual
7. Ap Casual Insurance Company
}
4011, It
Witness `a' 410A > r. .f/ _ l
{ Mark.I.', ch rsh'.i< Ali•me -Pao>
o-4
5iPaSt SSCP Phase I
Group 3
•
LABOR AND MATERIAL,PAYMENT BOND BOND NO. SB 0608822
Nom: THIS BOND lS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON
PAGE 4,IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF
LABOR AND MATERIAL)
KNOW ALL MEN BY THESE P`RENSE T :
l h Georgia E.Petrea,Jr...Inc.dba Southern Services as Principal, hereinafter called
Pennsylvania National Mutual
Contractor,and casualty Insurance Company ,a+corporation organized and under s
hove(tithe State of Pennsylvania ,with its principa,office in the City of Harrisburg .Stere
of Pennsylvania ,as Sure hereinafter called Suretys held and firmly bound unto AUGUSTA,
GEORGIA BY AND'THROUGH THE AUGUSTA COMMISSION as Obligee, herein.after willed the
Owner, for the use and benefit of claimants as herein below defined in the amount of
One Hundred Fifteen Thousand Eight
Hundred Five&No1l00 Doll ($ 115,805.00 )for the payment whereof Contractor and Surety bind
themselves,their heirs,executors,administrators,successors,and assigns,jointly and severally,firmly by
these presents.
WHEREAS,Contract hasbywritten agreementdated July 8,2°16 entered in to a contract with
Owner for the Sanitary Sewer Connection Services Tanker Proirram in accordance withtle drawings
and specifications issued by the Augusta Utilities Department and the Augusta- chanond County
Commission„ 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 the Contractor shall promptly make
payment to all claimants as hereinafter dfor all labor and materialused or reasonably required to use in
theperformanceoftl CONTRACT,then this obligation shall at void:ethetwise it main in full ftp
and effect,subject,however,to the fallowing conditions:
(l) A`claimnant is defined as one having a direct contract with the ContrixtotContractor or with a
subcontractor of the Contractor for labor,material,or both,used or reasonably required for
use;inthe performance of the contract,labor and material being construed as to inelude includethat
part nfwater,gas,power,light,heat,rot, i ee,,telephone service or rental of equipment
directly applicable to the CONTRACT,
(2) 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 ninety(9 0)days after the date on which the last of such claimant's work or labor
was done or performed,or materials Wereir hed 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,aad have execution thereon.The Owner shall not be liable for
the payment teeny costs or expenses of any such suit.
6 F a g e SSC'Phase 1
Group 3
•
(3) No suit or action shall be commenced hereunder by any
(a) Unless claimant,other tium one having a direct contract with the Contractor,shall
have givei written notice to any two of the following:The Contractor,the Owner,
or the Surety above named, within ninety (90) days after such claimant did or
performed the last of the work or labor,or Tarnished the last of themat s for
which said claim is stating with substantial accuracy,cy the amount claimed and
the nameof the party to whom thematerialsthe were furnished,or for whom the work
or labor was Mute or performed.Such mace shall be served by mailing the same by
registered mail or certified mait,postage prepaid,in an envelope addressed to the
Contractor.Ow=or Surety,atany place wan office regularly maintained for
the ms len of busiress,or serer in any manner in which legal piss may be
served in the state in which the aforesaid project is luted,save that such service
need not be ma&by a public officer.
(b) After the e tpirati done(I)year fallowing the date on which Contractor ceased
work on said CONTRACT, it being understood,however,that if any limitation
embodied in this bond is prohibited by any law controlling the construction hereof,
such limier elan be deemed to be amended so as to be equal to themim'mum
period of limitation permitted by such law.
(c) Other than in a state court of competed jurisdiction in and for the county or other
political subdivision of the state in which the project,or any partthereot is shoaled,
orntheUnited States D rictCourtforthedistrictinwhich thproject,or°anypart
the f..is situated,and not elsewhere.
(4) 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 ofmechanics'liens wch
may be filed of record against said improvement,whettter or not claim for the amount of
such lien be presented under and against this bond.
Signed and sealed this 19th day of July A.D.2016 ,
� , George E.Petrea,Jr„Inc.
vritims c. w, �1 d.- Southern Service (seal)
, (Con; ..or)
Attest,(-.1011.44 B. .mai: t A _., . c.
- il George E. .' ,Jr. (Title) President /
`' Pennsylvania National Mutual
r .1.A.• tj it, -Li, / , Casualty Insurance Ziu pang :-
411, If
j j -
Witness 0.1ti . By • '. 1�rii� '4.-` a 8 a Mark J.Ki�;llli:�3L`lt'•. -1 act _` Phase 1
PENNSYLVANIA NATIONAL`MUTUAL CASUALTY INSURANCE COMPANY
Harrisburg,Pennsylvania
POWER OF ATTORNEY
Know All Men By these Presents,That PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY,a corporation of the
Commonwealth of Pennsylvania,does hereby make,constitute and appoint Mark J.Kirch ,of Lilburit,GA
its true and lawful Attorney-in-Fact to make,execute,seal and deliver for and on its behalf as surety,as its act and deed:
ANY AND ALL BONDS AND UNDERTAKINGS PROVIDED THE AMOUNT OF NO ONE BOND OR UNDERTAKING EXCEEDS THE
SUM OF TEN MILLION DOLLARS-_-- ----------($10,000,000.00),
Bond Number:SB 0608822
Principal:George E Petrea, Jr, Inc. DBA Southern Services
Obligee:Augusta,Georgia by and through the Autusta Commission
ALL POWERAND AUTHORITY HEREBY CONFERRED SHALL HEREBY EXPIRE AND TERMINATE WITHOUT NOTICE AT
MIDNICIIT ON OCTOBER 31,2016,AS RESPECTS EXECUTION SUBSEQUENT THERETO.
And the execution of such bonds in pursuance of these presents shall be as binding upon said Company as fully and amply,to all intents and
purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Harrisburg,
Pennsylvania,in their own proper persons.
This appointment is made by and under the authorization of a resolution adopted by the Board of Directors of the Company on October 24,1973 at
Harrisburg,Pennsylvania which is shown below and is now in full force and effect.
RESOLVED:that(1)the President.any Vice President.the Secretary.or any Department Secretary shall have power to appoint,and to revoke the
appointments ofy Attorneys-in-Factor agents with power and authority as defined or limited in their respective powers of attorney,and to execute on
behalf of the Company,and affix the Company's seat thereto,bonds,undertakings,recognizance's,contracts of indemnity and other written obligations sn
the nature thereof or related thereto;and(2)any of such Officers of the Company may appoint and revoke the appointments of joint-control custodians,
agents for acceptance of process,andAttorneys-in-Fact with authority to execute waivers and consents on behalf of the Company;and(3)the signature of
any such Officer or of any Assistant Secretary or Department Assistant Secretary and the Company seal may be affixed by facsimile to any power of
attorney or certification given forthe execution of any bond,undertaking;recognizance,contract of indemnity or other written obligation in the nature
thereof or related thereto,such signature and seal
. .
APPENDIX
1. Bid Document
2. Property Owner Acceptance
81Page SSCP Group 3
Bid Item 16-203,SSCP Group 3 Southern Services Awarded Lots
Description Universal
):; .'; m
1338 Flowing Wells Road Sanitary Sewer
1 i
Service Connection* 1 LS $2,450.00 , t
2504 Walsh Ct Sanitary Sewer Service ,
2 1 LS $3,000.00
Connection*
2510 Sand Ridge Ct Sanitary Sewer Service
3 * 1 LS $2,600.00 e `
Connection
4 2514 Sand Ridge Ct Sanitary Sewer Service 1 LS $3,200.00 l ` t `
Connection tla °
2526 Sand Ridge Ct Sanitary Sewer Service ' `?
5 1 LS $2,600.00
g.
Connection* f*t1 f
2554 Spirit Creek Rd Sanitary Sewer Service
7 1 LS $2,625.00
Connection* gi
2575 Anthonyejuan PkwySanitarySewer '_ �� ,c _�
8 Y J * 1 LS $2,500.00 . . .Ri
Service Connection
t� 7t ,�` R"� t*�,A�ar�<
9 2605 Sadie Ct Sanitary Sewer Service 1 LS $2,600.00
Connection* 5#4.*
i�.
2605 Whitter PI Sanitary Sewer Service
10 * 1 LS $2,650.00
Connection
mak, , ,, k7* . 'i•..
2608 Sadie Ct Sanitary Sewer Service
11 1 LS $2,900.00
Connection* ,
13 2612 Whittier PI Sanitary Sewer Service 1 LS $3,605.00 ` °'
Connection* `
2615 Whittier PI Sanitary Sewer Service 4,14 p, 7,7',r
17 Connection* 1 LS
$4,700.00 t:t tO >,
19 2625 Teakwood Dr Sanitary Sewer Service 1 LS $2,605.00 t a , ;f
Connection* a 1 , '.
2626 Carrington Dr Sanitary Sewer Service °� 4 t
20 1 LS $2,100.00 � `"�`'
Connection* °,
2628 Carrington Dr Sanitary Sewer Service yG ' 2
21 1 LS $0.00
Connection* . � ,i
2631 Teakwood Dr Sanitary Sewer Service
22 1 LS $2,600.00 '; : .V,;;
Connection* ,4'" ':
23 2642 Carrington Dr Sanitary Sewer Service 1 LS $2,850.00 `1
Connection* -a";
2647 Teakwood Dr Sanitary Sewer Service Vi:e...rt,l,f1. -,,....,:„?;:.?,;-v,0
24 1 LS $2,450.00
Connection* ,, 4 . .
�.3�a �. 57r ^2{,�"Rk r� y
2704 Fairoak Ct Sanitary Sewer Service a "
27 1 LS $3,300.00
Connection* l :a
2806 Harwood Dr Sanitary Sewer Service ,µ,k 4�
28 1 LS $4,800.00 "i o y'
Connection* -
2812 Pepperdine Dr Sanitary Sewer Servicek $
30 1 LS $3,570.00 " 4 10
Connection* r it
2821 Harwood Dr Sanitary Sewer Service fr
31 Connection* 1 LS $3,100.00 ,.,•.tr
2821 Pepperdine Dr Sanitary Sewer Service yrs r
32 1 LS $3,400.00 l l ,: F. '
Connection* �U s'
2831 Pepperdine Dr Sanitary Sewer Service r . �.�` 4 !" �
33 Connection* 1 LS $3,255.00 r
2832 Harwood Dr Sanitary Sewer Service it
34 1 LS $2,800.00
Connection* zip'
- 2854 Pepperdine Dr Sanitary Sewer Service $2,700.00 4
• 36 Connection* 1 LS ';
2857 Pepperdine Dr Sanitary Sewer Serviced 1 414 -x;
37 1 LS A< , S
Connection* $2,800.00 , g
2870 PepperdineSanitary , isr4A ",fir J, ,, A�."
40 Dr Sewer Service 1 LS 34N
Connection*
$3,600.00 , & tum :4 r° ,,
2873 Pepperdine Dr Sanitary Sewer Service ,
41 Connection* 1 LS f � t g
$2,875.00 *."-7'5,01.iaM;
42 2875 Pepperdine Dr Sanitary Sewer Service 1 LS `'
Connection* $2,670.00 t#AI
43 2910 Tower Pines Dr Sanitary Sewer Service 1 LS a > �0, X
Connection* $4,370.00 ,R t..
44 2940 Arrowwood Cir Sanitary Sewer Service 1 LS
Connection* $3,200.00 ryG i
2943 Arrowwood Cir Sanitary Sewer Service r
45 Connection* 1 LS $3,175.00 `"`
2960 Arrowwood Cir Sanitary Sewer Service +r`r ` ‘ ` :,A 14
46 Connection* 1 LS '
$2,550.00,
M , r A v, 1
47 3011 Hollins Dr Sanitary Sewer Service 1 LS
Connection* $3,100.00 - 4 a $y
48 3101 Fairbury Dr Sanitary Sewer Service 1 LS
Connection* - ""
$3,600.00 � �, � ! 9
49 3701 Hickory Cove Rd Sanitary Sewer Service 1 LS $2,300.00
Connection* a 'r `
3703 Elmwood Ct Sanitary Sewer Service
50 1 LS $2,200.00
Connection* ".;.''''s.,':- .-.14:-`,'•4,41.,,..77....1.P,; ,:,,
3704 Clayborn Dr Sanitary Sewer Service
51 1 LS $2,225.00
Connection* ,.
3808 Crest Dr Sanitary Sewer Service 4*k A:
55 1 LS $2,550.00 A,' 17
Connection* ,.
3860 Crest Dr Sanitary Sewer Service r
57 1 LS $3,400.00 �. A `
Connection* : ' ,
58 3869 Crest Dr Sanitary Sewer Service 1 LS $2,550.00
Connection*
�‘,, r r ,:.);„;;,....„,:iv,„").,:,
59 3871 Crest Dr Sanitary Sewer Service 1 LS $2,400.00 '
Connection* ttt
3875 Crest Dr Sanitary Sewer Service ,� '
60 1 LS $3,200.00
Connection* * i t
A..::.., ,*,''',44t '` A'
61 3916 Crest Dr Sanitary Sewer Service 1 LS
Connection* $2,445.00 pmt g k}'
3942 Crest Dr Sanitary Sewer Service 04q. A f 1
62 Connection* 1 LS ",'"
$4,300.00
63 3944 Crest Dr Sanitary Sewer Service 1 LS ,,
Connection* �_
$4,625.00 ���
920 Bluebird Rd Sanitary Sewer Service - v ,, F
65 Connection* 1 LS $2,550.00 .` ` !`
Total Amount: $115,805.00
Total Lots: 48