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HomeMy WebLinkAboutSUPPLEMENTAL AGREEMENT BETWEEN AUGUSTA, GEORGIA AND SOUTHERN SERVICES FOR SANITARY SEWER CONNECTION PROGRAM This SUMPLEMENTAL AGREEMENT,made on the\5 day of \OC ,20 I ,to the AGREEMENT, approved by the Augusta Commission on October 18, 2016 negotiat on the 20th of December 2017. 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 2—GROUP 4-BID ITEM#17-300 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. I Page 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 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 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 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. 21Page 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 41 VAC MO 21%ti p...�.., ATTES'�,. _��„�,�• "*�„�a,.+n tSEAL [: 1 *64 ; \i . By: ______ .;) tlY: il - ''';: ri'f'#7,' ,/• • I The Honorable Hardie Davis,Jr. Lena paler azt i 1 Mayor Clerk of 1 o=. e r 11 i . o 1 '�"r Date: :Gate:7/'j t a ,4 4 ll �it t APPROVED AS TO FORM: .DEPARTMENT APPROVAL: , By: 4AO16By: 10+►11) CU v -, Thomas D.Wiedmeier Attorney Director,Augusta Utilities Department Date: I ( Date: 2(51(t CONTRACTOR: .oltittss+"eo.�� Ne`��i;/j, ATTEST: `'' to;33✓A� 1.61�#1 L Go •:t..;,%. S. B � -yt €, r ! &, , By: _ NameG 0 OP' tr, 0 - ,P/ f�D( ` t, Name: '�<,t{,erl Nevi �tG c'� �'ubC�° r o Vit,,!�, ,� j_ •• �.• m + Title: ? fl f�J I, V Title: i"'�T�ey YW�i to %,O,j�'�?n4 29.•-•, C$ Date: I ` 5 ''Abt b Date: (x(.).41(1 -e. c/ p; �`��` 31 Page Premium Based on Final Contract Price. Bond No;SB 0610337 PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE 6, IN FAVOR OF THE OWNEWCONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL) 1 \10W ALL LIEN BY THESE PRENSENTS_ That George E. Petrea,Jr., Inc. DBA Southern Services as Principal, hereinafter called Contractor,and Penn '1lva^ie Nat3cnel s Cawelly'nwwce ccmPan',a corporation organized and existing under the laws ofthe State of Pennsylvania ,with its principal office in the City of Harrisburg ,Slate of Pennsylvania as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH-THE AUGUSTA cownsassiow as Obligee,herein after called the Owner, Fourty Ace Thotnartd,Five in the penal amount of Hundred'may Thome Dollars (S49.533.00**** ) 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 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 Uuilities Dcpartmentand 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 tIiat,`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 anyalteratioa or extension of time made by the Owner. • 41Pagc Whenever Contractor shall be, and declared by Owner to be -in default under the CONTt2ACT, 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 comptetinn 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 reponsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses(even though there shoulttt o a default a succession of defbultsunder t.be.eontraei or contracts oftoinpletit n arranged under this paragraph)sufficient funds to pay the costof 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 an this usragraph,shall mean the total amount payable by Owner to Contractor under the Contract and arty amendments thereto,Iess the amount drotaerly paid by Owner to Contractor Arty suit under this oondmust be instituted before the expiration of two(2)years nom the date on which final payment tinder 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,adininistrators or successors of the Owner. Signed and sealed thii Joh dayof January A.D.2018 . .%%\een•...- 4.• a.• ........ n,ssfo,,F. / ice ;� Not- George E.Petrea,Jr.,Inc. gine" .; , • r J `_ - DBA Southern Services (Seal) • jOGbliG i n (rre,ctO ii 0�.70..29.20 .•��� l^' ` .. o • Attest �� County .• -, , � /filltlltt��� J = r (5esil} (Title) 1., ' 'V 1 1te-"'>%406 I. Pennsylvania National Mutual • Witness ; �'r ;`�'� �`^- Casualty insurance company (Seal) Kathy S.Smith,Witness (Surety) Witness "`'=r _;�, '�✓ Epi - y` ^_T (Seal) Rena C. Moss,Witness � ('Title) Robert M. Hrehor,Attorney-in-Fact aIPa-gc Premium Based on Final Contract Price, Bond No:SB 0610337 LABOR AND IIA fl.RJAL PAYTiarar'BOND - (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WmI PERFORMANCE BOND ON PAGE 4,IN FAVOR-OF THE ONVNE?t CONDITIONED FOR THE FAYNMNT OF LABOR AND-MA 1 ) K TOS'ALL MEN BY THESE PRENSENTS_ That George E,Petrea,Jr-,Inc-DEA Southern Services as Principal, hereinafter called -Contractor,and Penr�ji ania t+rarecar 3,tnJ casualty rrsuran:a Ccm-pen-t,a corporati©n organized end existing under the laws of the State of Pennsylvania with its principal office in the City of Harrisburg State of Pennsylvania , as Surety;hereinafter celled Surety, are held and firmly bound unto AUGUSTA, GEORGIA:Bi AND THROUGH THF.,AUGUSTA COMMISSION as Obligee,herein alter called the Owner, Foarty Nine TTnouanl, fur the use and benefit of caimans as herein below defined in die amount of Five Hundred Thirty Three Dollars (S49,533_0O**" ) for the payment wi?ereof Contractor and Surety bind themselves, their heirs, executors, administrator,successors,and assigns,jointly and sc'erally,firmly by these presents. WHEREAS,Contract has by written agreement dated entered in to a contract with Owner for the Sanitary Sewer Conneai©a Services Task Order Prugrant in accordance with the drawings and specifications =issued by the .©ugusta U:Elides Department and the Augusta-Richmond County Commission, which contract is by reference made a part hereof, and is hcrein =ter referred to as the CONTRACT. NOW, THEREFORE,the condition of this obligation is such that, if the Contractor shall promptly snake 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,eluant in full force and effect;subject however,to the following conditiions: (1) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Corrsactor for labor,material,or botli,used orTeasonabiv required for use in the performance of the contract;labor and material bets g 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 eiab-Omit as-bertha 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 ibis bond for the use of such,claimant,prosecute the suit to final judgment for such Suet orsuIns as may be justly due claimant, and have esedutiion thereon.The Owner shall not be liable for"tbe payment of any costs or expense of any such suit. Wage (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 atter such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said clam].is made;stating with substantial accuracy the amount Claimed and the name of the party to whom the materials:were f u,,-iithed,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,Owneror 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 s atc-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 an said CONTRACT, ft being understood,however, that if any limitation embodied in this bond is prohibited by any law controlling the ccnstraction'herevf, Such limitation shall be deemed W 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 orpayments made in good faith hereunder,inclusive of We payment by Surety of mechanics'liens which mai filed of record against said imnrrvemcn_t,whether or not claim for-the amount of such `%./ib rpres-i nted under and against this bond. `���e.0.mission• Signed antntttis�Qlc- oN: ^ day of January �� _ _ �t.D.,2t718 Witness �G,iffr /.�:�e:Lftib1 0/ �:, George E Petrea, Jr., inc. DBA ••..:• . .. So em Services (Seal) '''�., • o u t1VI�..�`� O'C (Contra or t 11//11111111 .__ j `140 Attest y ,'4 n - '; , c sl ------Th j Title) IS (G',, t l X1\-1 1 Lam. - .,�- Pennsylvania National mutual Witness i , Casualty insurance Company Kathy S.Smith,Witness (Seal) surety) Rena d.Moss,Witness ',,, (Title) 7;P a g e Robert M. 1-Irelior,Attorney-In-Fact PENNSYLVANIA NATIONAL MUTUAL CASUALTY LNSURANCE COMPANY ANY liarrisburg,Pennsylvania POWER OF All ORNEY Know All Men By these Presents,That PENNSYLVANIA NATIONAL MUTUAL UAL CASUALTY INSURANCE COMPANY,a corporation of the Commonwealth of Fel~ilsyiv'ania,does hereby make,constitute and appoint Robert IV.Hrehor ,of lilbum,GA i nue and lawful Attorney-in-Fact to.:eke,execute,seal cod deliver for end on is behalf,as surety,as its act and deed; ANY AND ALL BONDS ACID'UNDERTAKINGS PROVIDED 4 HE AMOUNT OF NO ONE BOND OR UNDERTAKING G EXCEEDS THE SUM OF TEN MILLION DOLLARS (S10,000,000.00). Bond Number:SS 0610337 Principal:George=_E Pea,Jr.Inc. DBA.Southern Services Obligee:Augusta-Richmond County Commission-Council ALL POWER AND AUTHORITY HEREBY CONEHRBl D SUALL I IEREDY.�4PIRE AND TERMINATE Wil> OUT NOTICE AT MIDNIGHT HT O`OC:t LIBER 31,2020,AS RESPECTS EXECUTION SUBSEQUENT TE ERETO. Paid the execution of such bonds in ptrrsuaraets ofthese presents shall be as binding upon raid 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 fdll force and effect 1t SOLVSD,That(1)the President,any Vice President,the Sereta,},or any--art rent Secretary shall have power to s uint,and to revoke the appointments of,Attorneys-in-Fact or agents vith pEnzr and authority as deftred c:untied in their respective powers of attorney,and to execute on ba_irarf*Me Company,and affix the Company's Seal thereto,bonds,underra daga,reecogninrcee's,contracts of ire-min-vend ether mether written obligations 21 the nature hereof or related thereto;and(2)any of such Officers of the Cbu j.eny may appoint and re+o?ca the gv:dotutents of joint-control custodians, agents for aneeptance of process,and Attorneys-in-Fact with sutlasity to execute:;wives and consents on behalf of the Company;and()the sgnatcre of any such Officer or of any A-istant Secretary or Dcpartmem At.n3!Smear/and the Compnry seal may be affixed by fa simile to any power of attorney or certification given far the execution of any band,undertaking,recogr.imnce,contact of indemnity or ether written oblintion in the nature thereof or rotated thereto,such signature mid seal when an used r.•het r heretofore or}ereaiter,beir4 hereby adopted by the Company as the original signature of such Officer rd the original seal of the Company,to be:Aid anti binding ursn the Company with the same force and effect as though menially affixed. In Witness Whereof PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY has caused these presents to be signed and its corporate seal to be hereto affixed on November I,2015. r PENNSYLV_ANLA - NATIONAL MUTUAL CASUALTY I SU_RANCE COMPANY 0.;T5 il3arkF' gi id,Vice President-Surety Commonwealth of Pennsylvania,County of Dauphin—ss: On November 1,2016,before me appeered Marc Fitaeraid to me personally known,who being b,me duly sworn,did say that be les-ides in the New Jersey,brat he is the Vice President—Surety of PENNSYLYA_MA NATIONAL MUTUAL CASUALTY TY INSURANCE COMPANY,that he is the individual described in and who executed the preceding instrument,and that the seal affixed to said instrument is the corporate seal of said Company,and that said instrument was signed and sealed on behalf of said Company by authority mid direction of said Company,and the said office acknowledged said instrument to be the free act and deed of said Company. 'mr CO cm1ONWEALTH OF PE 1NSYL`JANIA l a 1tutariai Seal YtiitlRT Nam Traci A Rnnmieh,Notary Public y - 1 s City Of Harrisburg,Dauphin County r••• e a- ,v4 ?Ay Commission Expires Oct 31,2Q2a t_. --4101.5g... iMembe,Pennsylvania,'.ssocletion of Notaries Notary Public I,Markitzgeerald,Vice President—Surety of the P&NINSYLVAAIIA NATIONAL MUTUAL CASUALTY WSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania,do hereby cedify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by the said Compaty,which is still in roll forte and ef?ecLe Sn witness whereof,I have hereunto set ray hand and affixed the corporate seal of said Company on January 26,2015. a ,i to leaf- Vice Presiders-o-a tt•ly �' t ' 7a-1900(Rev 10/2012) APPENDIX 1. Bid Document of Awarded Lots 2. Property Owner Acceptance 81Page SOUTHERN SERVICES-SSCP PHASE 2 GROUP 4 ADDRESS BID PRICE 1 2829 Pepperdine Dr, Hephzibah, GA, 30815 $3,348.00 2 2856 Pepperdine Dr, Hephzibah,GA,30815 $2,798.00 3 2912 Ulm Road, Hephzibah,GA 30815 $2,098.00 4 3408 Nance Blvd, Hephzibah,GA, 30815 $3,490.00 5 3607 Karleen Rd, Hephzibah,GA, 30815 $3,680.00 6 3616 Karleen Rd, Hephzibah, GA, 30815 $3,340.00 7 3619 Karleen Rd, Hephzibah,GA, 30815 $3,990.00 8 3633 Karleen Rd, Hephzibah, GA, 30815 $2,690.00 9 3636 Karleen Rd, Hephzibah,GA, 30815 $3,190.00 10 3638 Karleen Rd, Hephzibah,GA, 30815 $2,960.00 11 3641 Karleen Rd, Hephzibah, GA, 30815 $2,720.00 12 3645 Karleen Rd, Hephzibah, GA, 30815 $1,519.00 13 3703 Teakwood Ct, Hephzibah,GA, 30815 $3,290.00 14 3714 Carrington Ct, Hephzibah, GA, 30815 $2,024.00 15 3788 Fairington Dr, Hephzibah,GA, 30815 $3,116.00 16 3838 Karleen Road, Hephzibah, GA 30815 $2,590.00 17 3925 Fairington Dr, Hephzibah, GA, 30815 $2,690.00 18 19 20 TOTAL AMOUNT AWARDED: $49,533.00