HomeMy WebLinkAboutSUPPLEMENTAL AGREEMENT BETWEEN AUGUSTA, GEORGIA AND STARK PLUMBING FOR SANITARY SEWER CONNECTION SERVICES This SUMPLEMENTAL AGREEMENT,made on the ) 9day of e"(1E ,20 I 1,to the
AGREEMENT, approved by the Augusta Commission on October 18, 2016 negotiated on the 26th of
September,2017
by and between
AUGUSTA,GEORGIA,BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY
COMMISSION,party of the first part,hereinafter called the OWNER,and Stark Plumbing,
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 2—GROUP 3-BID ITEM#17-261
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 30 calendar
days with all such extensions of time as are provided for in the General Conditions. Substantial completion
shall be defmed as all lots awarded connected to the city sewer system, all septic tanks abandoned. Final
completion shall be 10 days after substantial completion. Final completion shall be defmed 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.
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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 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 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.
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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
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ATTEST: xf`- SEAL
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By: 717(4"-Aikj- /?,..2,12-..------)-- ,li„ / f
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The Honorable Hardie Davis,Jr. Lena J. Bonner ,'.. y 2
Mayor Clerk of •;e'to'nv'ssle(Nnotei
Date: 1�1-` \ I� Date: /A ,. N. 4�
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APPROVED AS TO FORM: DEPARTMENT APPROVAL: '
By l i / By: i traiwk:D W k„,•-.11.4","....—.4.
Thomas D. Wiedmeier
Attorney Director,Augusta Utilities Department
Date: 1112r/17 2( 17 Date: Lk/ 1.1 i I 1
CONTRACTOR:
ATTEST: SEAL
By: By: (9,Au1 o
Name: ei.a-VS w Name: L3 cc3, S G,C-
Title: \e,e. Title: v\Se \\C
Date: C �5,2c\`1 Date: D,,L,M C cic, 2c ' '
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PERFORMANCE BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE 6,
IN FAVOR OF THE OWNER CONDITIOINTED FOR THE PAYMENT OF LABOR
AND MATERIAL.)
KNOW ALL MEN BY THESE PRENSENTS:
That Stark Plumbing LLC ? as Principal, hereinafter called
Contractor,anda e s tern S u r e 1-y Cmmpa n y ,a corporation organized and existing under the
laws of the State o4;out Dakota ,with its principal office in the City of Ch i ca go ,State of
Illinois , 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
SofFifty—eightthous l s;('58, 747.00) for the payment whereof
Contractor and Surety bind memselvdes etneifr neu s,x� rs aammisstratsorsasucccessors ca a as igns,jointly
and severally,firmly by these presents for the faithful performance of a certain written agreement.
WHEREAS,Contract has by said written agreement datedS e p tembe r 2 6, 2 0 Uttered 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.
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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 $ day of NOVEMBER A.D.201 7
Witness6ectAit.A2rca. (Seal)
(Contractor)
Attest By v\CQ ketAs (Seal)
(Title)
Witness WESTERN SURETY COMPANY (Seal)
(Surety)
Witnes 4, By \ 1 A,A, �:!,.L (Seal)
( / (Title)
5 Page
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 Stark Plumbing LLC as Principal, hereinafter called
Contractor,and Western Surety Company ,a corporation organized and existing under the
laws of the State of South Dakota ,with its principal office in the City of Chicago ,State of
I1 t; •ois , 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 ofFi f ty—eight thou SADA
semen hundred forty seven dollars 747_no)for the payment whereof Contractor and Suretybiemseyes, eirhears, executors,
administrators, successors,and assigns,jointly and severally,firmly by these presents.
WHEREAS,Contract has by written agreement dated September 26, 2°�r?tered 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.
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(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
maybe 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 8 day of November A.D.201 7 .
Witness (Seal)
(Contractor)
Attest By \ C \ `' (4 (Seal)
(Title)
Witness WESTERN SURETY COMPANY (Seal)
(Surety)
Witness � By ‘i f (Seal)
I� 1 itle)
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Western SuretyCompany
POWER OF ATTORNEY-CERTIFIED COPY
Bond No. 63410772
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents
make,constitute and appoint Jeffrey Wayne Banks
its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute, acknowledge and deliver for and on
its behalf as Surety,bonds for:
Principal: Stark Plumbing LLC
Obligee: County of Augusta, Ga By and Through Augusta Richmond County Commission
Amount: $1,000,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President,sealed with the
corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-
fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western
Surety Company which remains in full force and effect.
"Section 7. All bonds,policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary,any Assistant Secretary,or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
If Bond No.6 3 4 1 0 7 7 2 is not issued on or before midnight of January 31st, 2018 ,all
authority conferred in this Power of Attorney shall expire and terminate.
In Witness Whereof,Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and
its corporatul tto be affixed this 6th day of November 2017
42044t c
' " °' WE/9S Y COMPANY
cN
Paul T ruflat,Vice President
_: •U .`� ss
C . °Q ',MI,�I A
Ontmantle— day of November ,in the year 2017 ,before me,a notary public,personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
464444444444444444444444+
s J. MOHR
NOTARY PUBLIC a
SOUTH DAKOTA (((/// Notary Public-South Dakota
+46446644464444444444446+
My Commission Expires June 23, 2021
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 6th day of
November 2017
WES / *SSUU�R Y COMPANY
Paul T ruflat,Vice President
To validate bond authenticity,go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage.
Form F5306-10-2017
APPENDIX
1. Bid Document of Awarded Lots
2. Property Owner Acceptance
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STARK PLUMBING-SSCP
PHASE 2 GROUP 3 ADDRESS BID PRICE
1 2505 Mickey Dr, Hephxibah, GA 30815 $2,843.00
2 2553 Spirit Creek Rd, Hephzibah,GA, 30815 $2,937.00
3 2604 Carrington Dr, Hephzibah, GA, 30815 $2,659.00
4 2612 Sadie Ct, Hephzibah, GA, 30815 $1,847.00
5 2620 Teakwood Dr, Hephzibah, GA, 30815 $2,741.00
6 2633 Teakwood Dr, Hephzibah, GA, 30815 $2,643.00
7 2636 Carrington Dr, Hephzibah, GA, 30815 $2,686.00
8 2650 Teakwood Dr, Hephzibah,GA, 30815 $2,816.00
9 2712 Fairoak Ct, Hephzibah,GA, 30815 $4,166.00
10 2834 Harwood Dr, Hephzibah,GA, 30815 $3,239.00
11 2836 Pepperdine Dr, Hephzibah,GA, 30815 $2,698.00
12 2838 Pepperdine Dr, Hephzibah, GA, 30815 $2,710.00
13 2839 Pepperdine Dr, Hephzibah, GA, 30815 $2,820.00
14 2840 Pepperdine Dr, Hephzibah, GA, 30815 $2,694.00
15 2853 Pepperdine Dr, Hephzibah, GA, 30815 $2,702.00
16 3706 Lynncrest Dr, Hephzibah, GA, 30815 $2,694.00
17 3709 Fairington Dr, Hephzibah,GA, 30815 $3,146.00
18 3712 Beacon Hill Dr, Hephzibah,GA, 30815 $2,671.00
19 3712 Lynncrest Dr, Hephzibah,GA, 30815 $2,678.00
20 3770 Fairington Dr, Hephzibah,GA, 30815 $2,671.00
21 3804 Spirit Ct, Hephzibah, GA, 30815 $2,686.00
TOTAL AMOUNT AWARDED: $58,747.00
UTILITIES DEPARTMENT
Tom Wiedmeier,P.E. Marie Corbin,P.E.
G e O R G I A Director Assistant Director
Sanitary Sewer Connection Program
Final Liability Waiver and Release
Address of property for which consent for entry and access being granted:
Relationship to property:
(i.e., owner, owner's representative,tenant, etc.)
OWNER NAME:
MAILING ADDRESS:
PHONE NUMBER:
The undersigned is (are) the owner(s), their representative(s), or otherwise control the real
property at the location described above. I, the property owner listed above, participated in the
Augusta, Georgia Sanitary Sewer Connection Program, and as such, consented to and authorized
employees and authorized representatives of the Augusta Utilities Department, and employees
and authorized representatives of Universal Plumbing, Southern Services Stark Plumbing, and/or Earl Babbitt
Plumbing to access my property in order to perform the required actions to complete the following:
1. verify location and depth of my sewer service;verify
2. location and depth of my septic tank;
3 survey my property for the sole purpose of collecting the necessary data to determine if or
how I could be connected to the Augusta sewer;
abandonment of Septic Tank;
4. rerouting of plumbing to connect to Augusta,Georgia's sewer system;restoration of
5. landscaping and property to original state;and;
6. (Other)
7.
I understand and acknowledge that Sanitary Sewer Connection Program (SSCP) is a program
through which the Augusta Utilities Department (AUD) engaged plumbers pursuant to RFQ 16-
205 to abandon my septic tank and reroute the plumbing to connect to Augusta's sewer system;
I acknowledge that the cost I paid, or have been invoiced and agree to pay, to participate in the
SSCP was a flat rate of Ten Dollars ($10.00) to be paid by the property owner, and further that
thereafter, the property owner/occupant will receive and be responsible for paying a monthly
sewer bill;
I understand and acknowledge that the improvements shall remain with the property thus
belonging to the property owner and therefore shall become the responsibility of the property
owner to maintain. The work will be guaranteed by a one (1) year warranty between the plumber
(Universal Plumbing, Southern Services, Stark Plumbing,and/or Earl Babbitt Plumbing) and the
homeowner. Augusta shall not be responsible for the maintenance or repair of the private sewer
I acknowledge that I was provided the opportunity to review the work for the SSCP and have
executed a Final Inspection form and provided any and all concerns and issues related to work
done to my property in regards to the SSCP has been satisfactorily completed, and there are no
remaining issues at this time;
Therefore, I agree to the following as it relates to the following entities or persons: Augusta,
Georgia, its Mayor, its Commissioners and their directors, officers, employees, contractors,
representatives, and agents; Universal Plumbing, Southern Services, Stark Plumbing,and/or Earl Babbitt Plumbing, their
officers, employees, directors, contractors, representatives, and agents, (collectively referred
RELEASEES):
I (we) understand, agree, and acknowledge that Augusta, Georgia, its Mayor, its Commissioners
and their directors, officers, employees, representatives, and agents are NOT responsible for the
errors, omissions, acts, or failure to act to any party or entity as it relates to injury or property
damage in regards to the above listed services in accordance with the AUGUSTA, GEORGIA
SANITARY SEWER CONNECTION PROGRAM;
I (we) WAIVE, RELEASE, AND DISCHARGE RELEASEES from any and all liability,
including, but not limited to liability arising from the negligence or fault of the entities or
persons releases, for personal injury, property damage, property theft, or actions of any kind
which may hereafter occur in regards to the performing of the services as it relates to the;
I (we) agree to HOLD HARMLESS AND PROMISE NOT TO BRING LEGAL ACTION
against the RELEASEES from any and all liabilities or claims made as a result of participation in
the Sanitary Sewer Connection Program;
I (we) ASSUMED ALL OF THE RISKS OF PARTICIPATING IN THE AUGUSTA,
GEORGIA SEWER CONNECTION PROGRAM;
This release and waiver of liability shall be construed broadly to provide a release and waiver to
the maximum extent permissible under applicable law.
j CERTIFY THAT I HAVE READ THIS DOCUMENT. AND I FULLY UNDERSTAND
ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A
CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
In witness thereof,this agreement has been executed on the date and place so written.
PROPERTY OWNER AUGUSTA, GEORGIA
Printed Name Printed Name
Signature Signature
Date Date
Engineering Division
452 Walker Street,Ste 200-Augusta,GA 30901
Phone(706)312-4154
Fax(706)312-4123 or(706)312-4148
WWW.AUGUSTAGA.GOV