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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