HomeMy WebLinkAboutSUPPLEMENTAL AGREEMENT BETWEEN AUGUSTA, GEORGIA AND UNIVERSAL PLUMBING FOR SANITARY SEWER CONNECTION PROGRAM This SUMPLEMENTAL AGREEMENT,made on the\ ay of ,20 \g,to the
AGREEMENT, approved by the Augusta Commission on October 18, 2016 negotia 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 Universal 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 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.
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 maybe 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.
2Page
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= w
A .t or/ SEAL
WJs
/ �I�'By: ifr . r • 2, ,
The Honorabl• • . • e Davis,Jr. t Le +/ J Bot erg ,t p 4
1
Mayor i, xikof the •8: . ",:e. A y
Date: , 'If '.7 rd / 3
ORGt`
APPROVED AS TO FORM: DEPARTMENT APPROVAL:'.
1
MUNE`
By: A i 4, / / / By 4-4A....
Thomas D. Wiedmeier
Attorney / Director,Augusta Utilities Department
Date: 2/ $/(f Date: Z457t 7�
CONTRA • ' •
ATTEST: SEAL
By' � OA//e' By 1I •.,�
-
Name: S1i 6 nr Name: Clot, „.a y Jo,
ei.3
Title: 17 "J 1 GLU)t Title: ,AL2{ (y
Date: //2 /1.D/J Date: 1/lb J2,68
3IPage
PERFORMANCE BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE 6,
IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR
AND MATERIAL)
KNOW ALL MEN BY THESE PRENSENTS:
That Universal Plumbing Co. as Principal, hereinafter called
Contractor,and Travelers Casualty&Surety Co.of America ,a corporation organized and existing under the
laws of the State of Connecticut ,with its principal office in the City of Hartford State of
Connecticut ,
as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA,
GEORGIA BY AND TI!ROUGH THE AUGUSTA COMMISSION as Obligee.herein after called the Owner,
in the penal amount of fitly-seven thousand seven huadredthiny-five Dollars ($ 57,735.O0 ) 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 4
4
Bond— 106828767
Whenever Contractor shall he, 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; hut 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 26 day of January
O.Witness e)QuCtSLJonP� :T.Universal Plumbing Co.
(Contractor) i'
Attest I �,.pp�
w0 ._ ► » 13y 1�,,,�] ll
(Seal)
Critic) frit t✓
Witness Travelers Casualty&Surety Co.of America
(Surety)
Witness By p,`u.__ K . A- (Seal)
(Title)Attorney Irl-fact
1,
LABOR AND MATERIAL PAYMENT BOND
(NOTE: THIS BOND IS ISSUED SIMUI.TANEOUSI.Y WiTH PERFORMANCE BOND ON
PAGE 4,IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF
LABOR AND MATERIAL.)
KNOW AI_t_MEN BY THESE.PRENSEN'1'S:
Thatg o.
nrvetsal Plumbing C as Principal, hereinafter called
Contractor,and Travelers Casualty&Surety Co.of Amercia 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 ofaay-s�fifty-sewn thousandseven hundred a iny-,;,eDollars
(S 57,735.00 ) for the payment whereof Contractor and Surety hind 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 ProPrant 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 he liable for the
payment of any costs or expenses of any such suit.
6
Bond— 106828767
(3) No suit or action shall he 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.
(h) 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 lav controlling the construction hereof,
such limitation shall be deemed to be amended so as to he 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 he 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 he 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 26 of January A. D.20 18
Witness CI 161._
Universal : _ (Seal)
( iY o
Attest
_ eler (Seal)
Witness Travelers Casualty&Surety Co.of Americ{aeal)
(Surety)
Witness
_ --- E3yti--,�.. .-.,_�"� (Seal)
(Title)Attorney In-Fact
7
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
i
r POWER OF ATTORNEY
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
i? St.Paul Guardian Insurance Company
Attorney-In Fact No. i0O6( Certificate No. 00654
1
% 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
1 Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut.that Fidelity and Guaranty Insurance Company is a
co poration 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 f
laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
g
AMorris H.Moss,Preston A.Moss.and Ashley L.Smith
1
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buUla
Gcortd2. of the Cityof State nfit _,their true and lawful Attomey(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.
s
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20th
IN WITNESS WHEREOF,the Companies have caused this instrument to be si ned and thea rate seals to be hereto affixed,this
day of
October 2015 g corpP
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
6 St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
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044State of Connecticut
` City of Hartford ss. By:
Robert L.Rano..enror Vice President I
)
g On this the 20th dayt t. October 2015
, _ before me personally appeared Robert L.Raney,who acknowledged himself to )
1. be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters.Inc..St.Paul 1
1. 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 s
F instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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In Witness Whereof,I hereunto set my hand and official seal. •IAR
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My Commission expires the 30th day of June,2016. C►outtoG * Marie C.Tetreault,Notary Public
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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
s 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,arty 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 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 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
1.
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 I
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 day;: 20
1 .
Kevin G.Hughes,Assistant Sec .tatty
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To verify the authenticity of this Power of Attorney,call I-800-421-3880 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. f
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. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
I
APPENDIX
1. Bid Document of Awarded Lots
2. Property Owner Acceptance
8IPage
UNIVERSAL-SSCP PHASE 2
GROUP 4 ADDRESS BID PRICE
1 2502 Walsh Ct, Hephzibah, GA, 30815 $2,900.00
2 2505 Walsh Ct, Hephzibah, GA,30815 $1,800.00
3 2510 Walsh Ct, Hephzibah,GA, 30815 $3,110.00
4 2531 Sand Ridge Ct, Hephzibah, GA, 30815 $1,200.00
5 2545 Spirit Creek Rd, Hephzibah,GA, 30815 $2,300.00
6 2559 Spirit Creek Rd, Hephzibah, GA, 30815 $2,400.00
7 2571 Anthony DeJuan Pkwy, Hephzibah, GA 30815 $2,200.00
8 2613 Whittier PI, Hephzibah, GA, 30815 $3,150.00
9 2620 Whittier PI, Hephzibah,GA, 30815 $4,000.00
10 2710 Fairoak Ct, Hephzibah, GA, 30815 $3,500.00
11 2824 Pepperdine Dr, Hephzibah, GA, 30815 $3,000.00
12 2846 Pepperdine Dr, Hephzibah, GA, 30815 $2,600.00
13 2928 Ulm Rd, Hephzibah,GA, 30815 $4,200.00
14 3805 Shari Street, Hephzibah, GA, 30815 $4,225.00
15 2989 Willis Foreman Rd, Hephzibah, GA 30815 $4,300.00
16 3612 Karleen Rd, Hephzibah, GA, 30815 $3,400.00
17 3640 Karleen Rd, Hephzibah, GA, 30815 $3,200.00
18 3708 Clayborn Dr, Hephzibah, GA, 30815 $1,850.00
19 3776 Fairington Dr, Hephzibah, GA, 30815 $4,400.00
20
TOTAL AMOUNT AWARDED: $57,735.00