HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA, GEORGIA AND UNIVERSAL PLUMBING FOR SANITARY SEWER CONNECTION PROGRAM NOTICE OF AWARD
G e O R G I A A
Contractor: Universal Plumbing Date: 2/14/2017
Address: 2415 Milledgeville Road
Augusta, Ga.30904
Project: SSCP Phase 2- Group 1
J Project No: AUD_2015-02
At a meeting of the Augusta, Georgia Commission held on 10/18/2016 , you were awarded the
contract for the following project:
Sanitary Sewer Connection Service Phase 2 - Group 1
Enclosed please find 4 copies of the Contract Documents for your execution. Please
complete the pages, affixing signatures, dates, notary and/or corporate seals, etc. where
necessary and return to this office within 10 days from the date of this letter, excluding Legal
Holidays.
The Certificate of Insurance must be complete.
Power of Attorney must be submitted in triplicate; an original and two copies is permissible.
Very truly yours,
Sylvester Rosier-
Project Manger
Receipt o s r: . OF AWARD is hereby acknowledge this& day of *di ,
Co-tractor By Title
Please sign and return one copy of this Notice of Award Acknowledgement to:
Augusta Utilities Department
Attn: Sylvester Rosier/Marie Corbin,P.E.
360 Bay Street, Suite 180
Augusta, GA 30901
Engineering Division
360 Bay Street,Suite 180-Augusta,GA 30901
(706)312-4132—Fax(706)312-4133
WWW.AUGUSTAGA.GOV
This SUMPLEMENTAL AGREEMENT,made on the day of ,20 ,to the
AGREEMENT,made on the 19th day of JANUARY,2017
by and between
AUGUSTA,GEORGIA,BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY
COMMISSION,party of the first part,hereinafter called the OWNER,and Universal Plumbing,
party of the second part,hereinafter called the CONTRACTOR.
WITNES SETH,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 2—GROUP 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 business days after the
date of written notice by the Owner to proceed. All work shall be substantially completed within 7 business
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.
11Page
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 fmal inspection acceptance,the Engineer shall
within 10 days made such inspection, and when he fmds the work acceptable under the Contract and the
Contract fully performed,he will promptly issue a fmal 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 fmal 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 fmal 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 fmal payment,except that it shall not
constitute a waiver of claims.
2IPage
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 r
ifil
ATTEST ,- "" c ®® SEAL
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By: �� Bye '.#'° � �
The Honorable Hardie Davis,Jr. Lena J. B+ x er ,,: s $ 0
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MayorClerk of to i, !isms. "�
Date: Daae: 4' ®«.• " s
APPROVED AS TO FORM: DEPARTMENT APPROVAL:
By: ' iiii,, I,,,,,eBy •Mti.. ( "D lJ�
Thomas D. Wiedmeier
Attorney Director,Augusta Utilities Department
Date: 3/3/1/7 Date: 1.1 f 1)
CONTRACTOR:
ve. ATTEST: SEAL
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By: =.., . i By /1. . . f t►��
e: Lae(L Li; C'i Name:0 A ui.IL_ta_ I e-
Title:-p '_.i, ' L Title:
Date: 4 20 11,7 Date: 3)2oI i'i
3IPage
106521581
PERFORMANCE BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE 6,
IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR
AND MATERIAL.)
KNOW ALL MEN BY THESE PRENSENTS:
That Universal Plumbing,Inc.
as Principal, hereinafter called
Contractor,and Travelers Casualty&Surety Co.of America
a corporation organized and existing under the
laws of the State of Connecticut ,with its principal office in the City of Hartford State of
Connecticut ,
, as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA,
GEORGIA BY AND THROUGH THE AUGUSTA COMMISSION as Obligee,herein after called the Owner,
in the penal amount of Eight Thousand Dollars ($ 8,000.00 ) for the payment whereof
Contractor and Surety bind themselves,their heirs,executors,administrators,successors,and assigns,jointly
and severally, firmly by these presents for the faithful performance of a certain written agreement.
WHEREAS,Contract has by said written agreement dated entered in to a contract
with Owner for the Sanitary Sewer Connection Services Task Order Program in accordance with the"'
drawings and specifications issued by the Augusta Utilities Department and the Augusta-Richmond 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 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.
***Sanitary Sewer Connection Services Task Order Program Phase 2,Group 1,Bid 16-177
Wage
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
(1) Complete the CONTRACT in accordance with its terms and conditions,or
(2) 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 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(2)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 23rd day of March A.D.20 17 .
Witness Universal Plumbing,Inc. (Seal)
tooi'.cto
Attest
By L, ! laii (Seal)
(Title 'r6,0 t
C• I Travelers Casualty&Surety Co.of America
Witnes _ „_.� >!1 � (Seal)
(Surety)
I
Witne , ), 1 iii ��k.� 11,eB 4
y `— Seal Mt vrevvt-a (Seal)
;Title)
51Page
106521581
LABOR AND MATERIAL PAYMENT BOND
(NOTE: THIS BOND IS 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 PRENSENTS:
That Universal Plumbing,Inc.
as Principal, hereinafter called
Contractor,and Travelers Casualty&Surety Co.of America
a corporation organized and existing under the
laws of the State of Connecticut ,with its principal office in the City of Hartford State of
Connecticut , as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA,
GEORGIA BY AND THROUGH THE AUGUSTA COMMISSION as Obligee,herein after called the Owner,
for the use and benefit of claimants as herein below defined in the amount of Eight thousand Dollars
($ 8,000.00 ) 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 has by written agreement dated entered in to a contract with
Owner for the Sanitary Sewer Connection Services Task Order Program in accordance with the drawings
and specifications issued by the Augusta Utilities Department and the Augusta-Richmond 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 defined,for all labor and material used or reasonably required to 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:
(1) 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 as to include that
part of water,gas,power,light,heat,oil,gasoline,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(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.
***Sanitary Sewer Connection Services Task Order Program Phase 2,Group 1,Bid 16-177
6IPage
(3) No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant, other than one having a direct contract with the Contractor,shall
have given 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 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 the
Contractor,Owner or Surety,at any place where an office 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.
(b) After the expiration of one(I)year following 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 limitation shall be deemed to be amended so as to be equal to the minimum
period of limitation permitted by such law.
(c) 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.
(4) 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 23rd day of March A.D.20 17
Witness Universal Plumbing I (Seal)
40( 'Contract,r)
Attest B , `_ (Seal)
tle) 'rCC. dc/it
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Witnes• ! \ .�► _ 1� � • Travelers Casualty&Surety Co.of America Se
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(Seal)
(Surety) -
IV
With, Ll l 4 ! 1i O! B "E .
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(Title)- Attorney-In-Fact
7IPag@
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
41111h. POWER OF ATTORNEY
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TRAVELERS Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 230()6() Certificate No. 0 0654 4070
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the
laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Morris H.Moss,Preston A.Moss,and Ashley L.Smith
I
of the City of Augusta ,State of Georgia ,their true and lawful Attorneys)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 20th
day of October 2015
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
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State of Connecticut B 'J �.'�,
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City of Hartford ss. Robert L.Raney, enior Vice President
On this the 20th dayof October 2015
, ,before me personally appeared Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers
Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
6,TlT
In Witness Whereof,I hereunto set my hand and official seal. t 'TTAR (�n(A' C. .
My Commission expires the 30th day of June,2016. * '°L L O * Marie C.Tetreault,Notary Public
41 aro
58440-8-12 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
. POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 230060 Certificate No. 006544071
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the
laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Morris H.Moss,Preston A.Moss,and Ashley L.Smith
of the City of Augusta ,State of Georgia ,their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 20th
day of October 2015
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
tat
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State of Connecticut %"
By:
City of Hartford ss. Robert L.Raney, enior Vice President
On this the 20th dayof October 2015
, ,before me personally appeared Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers
Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
"O.T!'r
In Witness Whereof,I hereunto set my hand and official seal. 'TTM V Gj' i e • d..f a L1
My Commission expires the 30th day of June,2016. * /two," Marie C.Tetreault,
0L. Notary Public
t.1
58440-8-12 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Universal Plumbing Awarded Lots-SSCP Phase 2 Group 1
Description -- Universal
29 2925 Arrowwood Cir, Hephzibah, GA, 30815 1 LS
30 2947 Arrowwood Circle, Hephzibah, GA 30815 1 LS
39 3717 Hickory Cove Rd, Hephzibah,GA, 30815 1 LS
44 3730 Hickory Cove Rd, Hephzibah, GA, 30815 1 LS
■
Total-
$8,000.00