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HomeMy WebLinkAboutSUPPLEMENTAL AGREEMENT BETWEEN AUGUSTA, GEORGIA AND UNIVERSAL PLUMBING FOR SANITARY SEWER CONECTION SERVICES This SUMPLEMENTAL AGREEMENT,made on the 19-day of rDeceADe( ,20 1 i,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 Universal PIumbing, 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 defined 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 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 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. 2Rage 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 ., .. . .. .tip,. ATT .,-it‘,14t, , SEAL �@{yy ,yr / / By, hi4..Z:Z5:11:7) � i f ,it- e�l,. The Honorable Hardie Davis,Jr ,('n4 J• Bpnrter, « Mayor , 'l of�.&-eo` " op , if Date: A t v1 IP-4e: /4 ,J o47, y APPROVED AS TO FORM: DEPAR ' ``` 10PROVAL t r � t By: 4 , 41„elhQ Thomas D. Wiedmeier Attorney Director,Augusta Utilities Department Date: Date: tt/t 1/ CONTRACTOR: ATTEST: SEAL By: �I� / '_ r By: 6/1.;tit&aa_t4 (, :- Nam'1LL- Cf- o n ► Name: C�l LLt.liLt ') . o "--> Title: ?cc., AU)L Title: ` ' tV Date: /I 1 g f i 1 Date: )1/9 /(1 3IPage 106828766 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 offiny-omemo'ae'g'ease ty-five DollarsS 59,875.00 ( 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 Service Phase 2-Group 3 BID Item#17-261 4 . i' . 106828766 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 7 day of November A.D.2017 . Witness Universal Plumbing Inc. (Seal)` (Contractor) Attest By Cokp (Seal) (Title) Witness Travelers Casualty&Surety Co.of America(Seal) (Surety) Witness By L �- 14 . (Seal) (Title)Attorney In-Fact 5 i - ,. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS.1 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. 006544073 230060 Certificate No. KNOW ALL MEN BY THESE PRESENTS:That Fannington 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 arc 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 Cityof Augusta �' their true and lawful Attorne r rn-Fact, r .State of Gettr id y(�. 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 lune caused this instrument to be signed and their corporate seals to be hereto affixed,this 20th ha 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 Gr CPP ,'} T 'yF' 444 Or1.M_i , JpY,xsugq +Jt tY qN0= 1962'o i `► GRAttO : S T ��O arYeaiF� foRArr1°�n d. kIw„ ., 414% s f 7t1951 _ �5""ti- e z o m x�°...4.o • a.`retF±�q sa. �r SEAt ' o',. ALLO d\'""'J e �q j4!sz 4k tp�......-Tq sr —FwaF Slate of Connecticut �.:% Qy. /' • City of Hartford ss. Robert L.Raney. enior Vice President 20th October On this the dayof 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,Si.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. "'fir\ *In Witness Whereof,I hereunto set my hand and official seal. NO% . ,� Q,' ' My Commission expires the 30th day of June,2016. * a* * Marie C.Tetreault.Notary Public s 0 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 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President.any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President.any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond.recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(bI duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President.any Senior Vice President,any Vice President, any Assistant Vice President.any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary.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 do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this a I day o 20 lg. Kevin E.Hughes,Assistant See tary d Gl y vs,`F1Nr° N �. N5u 1T 44 = 19 ti 2 0 7c tr0 : /tOxooAy�c'm ` P44Alf1nl r� rMgrYsh.® OK— �'+ s E` 1951 i E y� ui ,� 12 $ - RR .4' ,7 Y• A 9 NCF C .. s� �... .........��D j V To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at wwn.travelershond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 106828766 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 fifty-rune thousand eight hundred BeYCp°'13 ollars ($59,875.00 )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. 6 i' 106828766 (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 7 day of November A.D.20 17 Witness Universal Plumbing Inc. (Seal) (Contractor) Attest By Cir (Seal) (Title) Witness Travelers yCasualty&Surety Co.of America (Seal) (Surety) Witness (Seal) By (Title) Attorney n-Fact 7 ; i' c WARNING:THIS POWER OF ATTORNEY IS INVALID WiTHOUT THE RED BORDER ' TRAVELERS POWER OF ATTORNEY 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. 2300)60 Certificate No. 0.06544072 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 Cityof Augusta Georgia ,State of e' ,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 WITNE,SSWHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 20th day of October , 2015 3• 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 c�Swt ," ' s a ',IVO & � �y ��L ��`RvonSG� `Jav�wsuq'. e�,.lrµa+` S�y�r Y'tN0 i 19 E 2pp�0 7c alowta 4 w - �. . 41t° M.,,A 1 ,-„Dasa n i ', .4.,,..,..„ �,s► 1951 ` �i!• �iSEAL��'/ n W 3j 1• s�` ,-y. 04 1R 4. �+ Erco ��'• » F� 3\3$2t L;e =o^ +�\ fie � ,Q +.1h, ^l am 9"...>....• `�i . '•s �ly� v j AW, State of Connecticut By: I/� •:#1 � • City of Hartford ss. Robert L.Raney. enior Vice President On this the 20th day of October 2015 y . ,before me personally appeared Robert L.Raney,who acknowledged himself to i. be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company.St.Paul Guardian Insurance Company,St.Paul Mercury insurance Company,Travelers Casualty and Surety Company,Travelers s Casualty and Surety Company of America.and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G'TfLN In Witness Whereof,l hereunto set my hand and official seal. __ W r+� c_ w . y.W L1 i My Commission expires the 30th day of June.2016. [+ P t Marie C.Tetreauit.Notary Public • .4-1-j Cr$ i 58440-8-12 Printed in U.S.A. i 3.. ,..., „ WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President.the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds.recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer.the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary:or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may he affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned.Assistant Secretary,of Farmington Casualty Company.Fidelity and Guaranty Insurance Company,Fidelity and Gum anty insurance • Underwriters,Inc.,St.Paul Fite 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 do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this_ )I day _____ 20 11 Kevin F..Hughes,Assistant Sec tary �eEs�YI. '�'� ti A • Vy(IPE 6ty' 0.,P4t4,41 (+1;;;74.".} tY qh0• y� fb.,. .�y� s1982 ! y * 2 ht°R...."4 i WJ sta020e.'S V t S4� 1� Y 113 5$ *kr )40Vatio, to. i . SE(tt;a'f �`S83iL:=s' g $ a 14* tt� ......Aja d+ qF +.. 411 AIN To verify the authenticity of this Power of Attorney,call 1-800421-3880 or contact us at www,travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. ) WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER APPENDIX 1. Bid Document of Awarded Lots 2. Property Owner Acceptance Wage UNIVERSAL PLUMBING-SSCP PHASE 2 GROUP 3 ADDRESS BID PRICE 1 1504 Flagler Rd,Augusta, GA, 30909 $2,700.00 2 2581 Anthony DeJuan Pkwy, Hephzibah, GA 30815 $2,300.00 3 2605 Carrington Dr, Hephzibah, GA, 30815 $2,650.00 4 2629 Teakwood Dr, Hephzibah, GA, 30815 $2,600.00 5 2850 Pepperdine Dr, Hephzibah, GA, 30815 $2,900.00 6 2914 Arrowwood Cir, Hephzibah,GA, 30815 $3,200.00 7 2918 Arrowwood Cir, Hephzibah,GA, 30815 $3,300.00 8 2958 Arrowwood Cir, Hephzibah, GA, 30815 $3,500.00 9 3514 Bullock Ave,Augusta, GA 30906 $2,975.00 10 3708 Crest Dr, Hephzibah, GA, 30815 $3,100.00 11 3708 Teakwood Ct, Hephzibah,GA, 30815 $2,850.00 12 3711 Crest Dr, Hephzibah,GA, 30815 $3,100.00 13 3723 Crest Dr, Hephzibah,GA, 30815 $2,980.00 14 3726 Lynncrest Dr, Hephzibah, GA, 30815 $2,420.00 15 3771 Fairington Dr, Hephzibah, GA, 30815 $2,600.00 16 3772 Fairington Dr, Hephzibah, GA, 30815 $1,600.00 17 3813 Crest Dr, Hephzibah,GA, 30815 $2,800.00 18 3916 Fairington Dr, Hephzibah, GA, 30815 $1,800.00 19 4103 Country Ln, Hephzibah, GA, 30815 $2,300.00 20 3587 Morgan Rd, Hephzibah, GA, 30815 $4,900.00 21 3709 Elmwood Ct, Hephzibah,GA, 30815 $3,300.00 TOTAL AMOUNT AWARDED: $59,875.00 — UTILITIES DEPARTMENT i= -;� Tom Wiedmeier,P.E. Marie Corbin,P.E. G Ef 0 R 0 1 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 W W W.AUGUSTAGA.GOV