HomeMy WebLinkAboutCONTRACT WITH SOUTHERN SERVICES (SANITARY SEWER CONNECTION SERVICE- PHASE 2- GROUP 7 BID ITEM #18-281) This SUMPLEMENTAL AGREEMENT,made on they of Cery c ,20 18 ,to the
AGREEMENT, approved by the Augusta Commission on October 18, 2016 negotiated on the 26th of
September, 2018 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 7-BID ITEM#18-281
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.
Wage
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 fmal payment,
from requirements of the specifications,or from manufacturer's guarantees.It shall also constitute a waiver of
all claims by the Contractor except those previously made and still unsettled.
(D) If after the work has been substantially completed, full completion thereof is materially delayed
through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the
Engineer,and without terminating the Contract,make payment of the balance due for that portion of the work
fully completed and accepted.
Each payment shall be made under the terms and conditions governing final payment,except that it shall not
constitute a waiver of claims.
2jPage
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 4. "-)
1, ��,.n,�sk�
ATTEST -0, . i6I :�h
7(t(41t A)1( 4 ,, *.„1
By: B y: b i 9::::''''*:.KA'''1:Ili':r'd'/, , ''':-i,,:'''''.::`47-0:,14.0 ::i
The Honorable Hardie Davis,Jr. ' I ". . s
Lena J. Boer
Mayor Clerk of t o, , `�' ° ,
s'
Date: �, ��� -7—
d
Date: /� P1> �, ��
''4. *''..Y it;Ti f qv�
,
APPROVED AS TO FORM: '�� ' e .
DEPARTMENT APPROVAL:
By: `Y By ,Y
Thomas D. Wiedmeier
Attorney Director,Augusta Utilities Department
Date: 17 (/ti(f5. Date: q►
ito
CONTRACTOR: ,,��t,11i1,,���
,,,,`1e� Ne1,/i0,i
`���j.,lsslon 4..'.e ��
ih, ATTEST �Lo'
to °M1
. I .4 _
®� .•L �� 1 By: 1 I 0a ' t.. pub C
Fi
BY: �� ,
Name: Ge-101 '
10 c r e ski k' Name: Te een f 1 1 1��� °//,,,••••••••••%Dm `��``
Title: `c Title: patio!,r //,„C,,,��`ypui,i,c,
Date: 1 i-.6.-'1. Date: c 1 - rJ --1 i
3IPage
Premium Based on Final Contract Price.
Bond No:SB 0610939
PERFORMANCE BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PA
IN FAVOR OF TILE OWNER CONDITIONED FOR THE PAYMENT OF LABOR NT BOND ONPAGE '
AND MATERIAL.)
KNOW ALL MEN BY THESE PRENSENTS.
That George E. Petrea, Jr., Inc DSA Southern Service
as
Contractor and Pennsylvania National Mutual Casualty Insurance company Principal, hereinat er called
a enrImradon organized and existing under the
laws of Elle State of Pennsylvania
with its principal office in the City of Harrisburg
Pennsylvania ,State of
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,
Sixty
Seven
in the penal amount of t Six Thousand nF Hundred
Dollars ($67,58 .99"" } for the
Contractor and:Surety bind themselves,their heirs,executors, payment whereof
administrators,successors,and assigns,jointly
and severally,ilnnly by these presents for the faithful performance of a certain written agreement.
WHEREAS,Contract has by said written agreement
with Owner for the Sauj1ary Sewer Connection �ices Task Order Pro ram in enteredaccordancted in toe
contract
drawings and specifications issued by the Augusta Utilifies D wtoh
the
Commission, which contract is by reference made aepartrient and the Augusta-Richntoud County
CONTRACT. parthereof, and is hereinafter referredtoas the
NOW,THEREFORE,die 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.
Whenever Contractor shall be, and declared b
CONTRACT, the Owner �' Owner to be in default under the
having performed Owner's obligations thereunder, the Surety may
promptly remedy the default,or shall promptly
(I) 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
upon determination by the Owner and the Suretyresponsible bidder,or,if the Ownerelects,
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 damagt. 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 ofaction 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 5th day of November
A.D.20 18
`t�tllllll/i,,R
/1 i nNet.1 t1.
Witness . i I / Qi t••�`ssion�F�'•,,N '`fie E. Petrea, Jr., Inc DBA
. A,: �......4.,_, em Service
.�� rotary .%. _. (' }
:::z,,
(Contractor)
Attest :.-§k Pubc`o ,•. (0*
�i J••••.4/3.,1 29.2`• ��� rl, •
� COU 1\:‘0%‘‘ (Titl eal}
/H 1111
With
e t J Pennsylvania National Mutual
Casualty insurance Company (Seal)
Robert M. Hrehor,Witness
(Surety)
AI
Witness ► 1/4_6.14_ ,
Re.- M.Berry,Wanes y —. _4,_&1::::)__ _(Seal)
Title)Kathy S.Smith,Attomey-in-Fact
5iPatc
Premium Based on Final Contract Price.
Bond No. SB 0610939
LABOR AND MATERIAL PAYMENT BOND
(N011: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON
PAGE 4, IN FAVOR OF THE OWER CO'VDITIoNED FOR THE PAYMENT OF
LABOR AND MATERIAL.)
KNOW ALL MEN BY THESE PRENSENTS:
That George E. Petrea, Jr., Inc DBA Southern Service
as Principal, hereinafter called
Contractor,and Pennsyhrania National Mutual Casualty Insurance Company
a corporation organized and existing under the
laws of the Slate of Pennsylvania with its
principal office in the City of Harrisburg ,State of
Pennsylvania , 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,
sixty Seven for the use and benefit of claimants as herein below defined in die amount of Hundred Eights&a99%Five
oo )ollars
($ 67,586.99". for the payment whereof Contractor and Surety bind themselves, their heirs,executors,
administrators,successors,and assigns,jointly and severally, firmly by these presents.
WHFREAS,Contract has by written agreement dated entered in to a contract with
Owner for the Sanitar Sewer Conneciioa Services Task Order Pro am in accordance with the drawings
and specifications issued by the Augusta Utilities
Commission, which contract is by reference made a � hereof, and isd t hereinaftere referredto astheCONTRACT.
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:
(l) 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.
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 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 ofrecord against said improvement,whether or not claim for the amount of-such
lien be presented under and against this bond.
Signed and sealed this_ 5th day of November
`` 11111///11 A.D.201$
�C['�O• N e v• ',,
Witness .. . i ii • •G•. 4.4.•,0. 7.4' �ii�George E.Petrea,Jr..Inc DBA Southern Service
o (Seal)
e�'' Notary °" ,s,..1-.„ (Contractor)
),..._1_.
Attest I Ub �°b,.Ct ' ';
- "5\-.40,a 29 to. C?��• �,� .. )
'e' lir r• e‘'••`• �` -(Title)- k`�,.c 04.-"-
'/I
111, ttn"%-
f
Witneg ' 41I. i, Pennsylvania National A/tuai Casa
_.__._.. altj insurance Company
Robert M.Hrehor,Witness (seal)
(Surety)
Witness li
kKilAliRen R;, '
Rebecca M.Berry,Witness - (Title)) Kathy S.Smith,Attomey-in-Fact
7fPa`.?e
PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY
Harrisburg,Pennsylvania
POWER OF ATTORNEY
Know MI Men
eh of these
Presents,
n doesPENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY a
its true and lawful hereby make,constitute and appoint Kathy S.Smith corporation of the
Attorney-in-Fact to make,execute,seal and deliver for and on itsasts :of L act and eed GA
ANY AND ALL BONDS AND UNDERTAKINGS PROVIDED THE AMOUNT OF O ONE BOND OR UNDERTAKING EX
SUM OF TEN MILLION DOLLARS CEIDS THE
(SI0,000,000.00).
Bond Number. SB 0610939
Principal:George E. Petrea,Jr., Inc. DBA Southern Services
Obligee:Augusta, Georgia by and through the Augusta Commission
ALL POWER AND AUTHORITY HEREBY CONFERRED SHALL ABY EXPIRE AND TERMINATE WITHOUT NOTICE AT
MIDNIGHT ON OCTOBER 31,2020,AS RESPECTS EXECUTION SUBSEQUENT THERETO.
And the execution of such bonds in pursuance of these presents shall be as binding upon said Company as full and I to all"
purposes,as if they had been duly executed and acknowledged by the elected officersy of the Company at oits office c inisand
Sylvania,in their own proper persons_
in Harrisburg,bts urg,
This appointment is made by and under the authorization of a resolution adopted by the Board of Directors of the
Harrisburg,Pennsylvania which is shown below and is now in full force and effect. COmPY October 24,1973 at
RESOLVED,that(1)the President,any Vice President,the
appointments of,Attorneys-in-Fact or agents with power and Secretary,y as any or DepartmentSecretary shall have powerersof appoint,and to executexeoke the
behalf of the Company,and affix the Company's seal thereto,bodefined or limited ' theirorespectiven a attorney,and to obligations n
agents for the nature thereof or related thereto;and(2)any of such Officers of undertakings,marecy
appoint
and revoke
of indemnity and f of written fcustodians,in
any is foraccofprocess,and Attorneys-in-Fact with authority to ywai�s theof appointmentCop of joint co the gate o
conCompanysents seal behalf be the affixed (3) signatupowerre of
attorney
giveces or of any n executionSof recognizance,Secretary and the artof na may thbyifacsimilen�obligation any nat nof
ature
thereto,such signature and seal when so usedheretofore or hereafter, indbeing emnity ord pted by
the Company
affixed.manually signature Officer and the original seal of the Company,twohbeevvalid and binding upon t e Coy� same f egec��g�
In Witness Whereof: PENNSYLVANIA NATIONALthough
and its corporate seal to be hereto affixed on November 1,2016.MUTUAL CASUALTY INSURANCE COMPANY has caused these presents to be signed
PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY
t.`-k.)
A 4110(1011.11W..-
Mark F" Surety
r _ � d,Vice President-
Commonwealth of Pennsylvania,County of
Dauphin—ss:
On November 1,2016,before me appeared Mark Fitzgerald to mepersonally known,
New Jersey,that he is the Vice President—Suretyof P Imo who being by me duly sworn,did say that he resides in the
e individual described is in and who dent-ed PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY,
Company,and that said instrument was signed and sealed�behalf�'and that said Company seal a��to said instrument is the corporate seal of said �is
acknowledged said instrument to be the free act and deed of said Company.
PAY by authority and direction of said Company,and the said office
COMMONWEALTH OF P
ENNSYLYANtA
,4/1/W&I' Notarial Seal
•maw pug=• Trac A iQmmtich,,Notary Public
City Of Harrisburg,narwhal Count/ loutleMy Commission ExPlnes Oct 31,2020 �' �' �—i-t'1rYrrs,tl.�
Member,Pennsylvania Association of Notaries Nosy Public
I,Mark Fitzgerald,Vice President—Surety of the PENNSYLVANIA NATIONAL MUTUAL
corporation of the Commonwealth ofCASUALTY INSURANCE COMPANY,a
Pennsylvania,do herebyndcertify that the above and foregoing is a true and correct copy of a Power Attorney,of
executedby the said Company,which is still in full force and effect.
In Witness Where I have hereunto set my hand and affixed the corporate seal of said
Company on November 5.X018.
78490e0414ty.- -"wow— rifr
'Vice ' �,,i-,1� ;,
(Rev 10/2012)